time had a Petition depending in the House of Lords delivered Jan. 12 craving to be discharged of the Fine of Three thousand pounds imposed upon him by Decree of the Star-Chamber for Scandalous words against the Earl of Strafford Upon the 30th of Jan. a Day so Fatal to King Charles the First Saturday Jan. 30. the further Impeachment of the Earl of Strafford consisting in 28 Articles was by Mr. Pym carried up to the Lords which were as follow Articles of the Commons Assembled in Parliament The further Impeachment of the Earl of Strafford Jan. 30. against Thomas Earl of Strafford in maintenance of their Accusation whereby he stands Charged with High Treason WHereas the said Commons have already Exhibited Articles against the said Earl in haec verba c. Now the said Commons do further Impeach the said Earl as followeth That is to say I. That the said Earl of Strafford the 21 day of March in the Eighth Year of his Majesties Reign was President of the Kings Council in the Northern Parts of England That the said Earl being President of the said Council on the 21 of March a Commission under the Great Seal of England with certain Schedules of Instructions thereunto annexed was directed to the said Earl or others of the Commissioners therein named whereby among other things Power and Authority is limited to the said Earl and others the Commissioners therein named to hear and determine all Offences and Misdemeanors Suits Debates Controversies and Demands Causes Things and Matters whatsoever therein contained and within certain Precincts in the said Northern Parts therein specified and in such manner as by the said Schedule is limited and appointed That among other things in the said Instructions it is directed That the said President and others therein appointed shall hear and determine according to the Course of Proceedings in the Court of Star-Chamber divers Offences Deceits and Falsities therein mentioned Whether the same be provided for by Acts of Parliament or not so that the Fines imposed be not less than by the Act or Acts of Parliament provided against those offences is appointed That also amongst other things in the said Instructions it is directed that the said President and others therein appointed have power to examine hear and determine according to the course of proceedings in the Court of Chancery all manner of Complaints for any matter within the said Precincts as well concerning Lands Tenements and Hereditaments either Free-hold Customary or Copy-hold as Leases and other things therein mentioned and to stay proceedings in the Court of Common Law by Injunction or otherwise by all wayes and means as is used in the Court of Chancery And although the former Presidents of the said Councel had never put in practice such Instructions nor had they any such Instructions yet the said Earl in the Moneth of May in the said 8th Year and divers Years following did put in practice exercise and use and caused to be used and put in practice the said Commission and Instructions and did direct and exercise an exorbitant and unlawful power and jurisdiction on the persons and estates of his Majesties Subjects in those parts and did Disin-herit divers of his Majesties Subjects in those parts of their Inheritances sequestred their Possessions and did fine ransome punish and imprison them and caused them to be fined ransomed punished and imprisoned to their ruine and destruction and namely Sir Coniers Darcy Sir John Bourcher and divers others against the Laws and in subversion of the same And the said Commission and Instructions were procured and issued by the advice of the said Earl And he the said Earl to the intent that such illegal and unjust power might be exercised with the greater licence and will did advise Counsel procure further directions in and by the said instructions to be given that no prohibition be granted at all but in cases where the said Councel shall exceed the limits of the said instructions And that if any Writ of Habeas Corpus be granted the party be not discharged till the party perform the Decree and Order of the said Councel And the said Earl in the 13. year of his now Majesties Reign did procure a new Commission to himself and others therein appointed with the said Instructions and other unlawful additions That the said Commission and Instructions were procured by the solicitation and advice of the said Earl of Strafford 2. That shortly after the obtaining of the said Commission dated the 21 of March in the 8 year of his now Majesties Reign to wit the last day of August then next following he the said Earl to bring his Majesties liege People into a dislike of his Majesty and of his Government and to terrifie the Justices of the Peace from executing of the Laws He the said Earl being then President as aforesaid and a Justice of Peace did publickly at the Assizes held for the County of York in the City of York in and upon the said last day of August declare and publish before the People there attending for the administration of Justice according to the Law and in the presence of the Justices sitting That some of the Justices were all for Law but they should find that the Kings little finger should be heavier then the loyns of the Law 3. That the Realm of Ireland having been time out of mind annexed to the Imperial Crown of England and governed by the same Laws The said Earl being Lord Deputy of that Realm to bring his Majesties liege People of that Kingdom likewise into dislike of his Majesties Government and intending the Subversion of the Fundamental Laws and settled government of that Realm and the destruction of his Majesties liege People there did upon the 30. day of September in the ninth year of his now Majesties Reign in the City of Dublin the chief City of that Kingdom where his Majesties Privy Councel and Courts of Justice do ordinarily reside and whither the Nobility and Gentry of that Realm do usually resort for Justice in a publick Speech before divers of the Nobility and Gentry and before the Mayor Aldermen and Recorder and many Citizens of Dublin and other his Majesties Liege People declare and publish that Ireland was a conquered Nation and that the King might do with them what he pleased and speaking of the Charters of the former Kings of England made to that City he further said that their Charters were nothing worth and did bind the King no further then he pleased 4. That Richard Earl of Cork having sued out process in course of Law for recovery of his Possessions from which he was put by colour of an order made by the said Earl of Strafford and the Councel Table of the said Realm of Ireland The said Earl of Strafford upon a paper Petition without legal proceeding did the 20. day of February in the 11. year of his now Majesties Reign threaten the said Earl of Cork being
the Question Whether Corn was such Victuals as was intended to have the price rated within the said Statute In Answer to which Demand the said Sir Robert Berkley then being one of his Majesties Justices of the Court of Kings-Bench in furtherance of the said unlawful Charge endeavoured to be imposed as aforesaid the Thirtieth day of November in the Eighth Year of his now Majesties Reign did deliver his Opinion That Corn was such Victual as was intended to have the Price rated within the said Statute Which said Opinion was contrary to Law and to the plain Sense and Meaning of the said Statute and contrary to his own Knowledg and was given and delivered by him with a purpose and intention that the said unlawful charge might be imposed upon the Subject 3. That an Information being preferred in the Court of Star-Chamber by the said William Noy his Majesties then Attorney-General against John Overman and Fifteen other Soap-makers Defendants charging them with several pretended Offences contrary to divers Letters Patents and Proclamations touching the Making and Uttering Soap and using the Trade of Soap-makers and other Offences in the said Information mentioned Whereunto the Defendants did plead and Demur as to part and answer to other part of the said Information And the said Plea and Demurrer being over-ruled for that the Particulars therein insisted upon would appear more fully after answer and proof therefore the Defendants were ordered to Answer without Prejudice and were to be admitted to such Exceptions to the said information and Advantages of the matter of the Plea and Demurrer upon the hearing as shall be material and accordingly the Defendants did put in their Answers and set forth several Acts of Parliament Letter-Patents Charters Customs and Act of Common-Councel of the City of London and other Matters materially conducing to their Defence and in Conclusion pleaded Not Guilty The said Sir Robert Berkley then being one of the Justices of Court of Kings-Bench upon the 30th day of March in the Eighth Year of his Majesties now Reign upon an Order of Reference to him and others by the said Court of Star-Chamber to consider of the Impertinency of the said Answers did Certifie the said Court of Star-Chamber That the whole Answers excepting the four words and ten last Lines should be expunged leaving thereby no more substance of the said Answers than the Plea of Not Guilty And after upon a Reference to him and others by Order of the said Court of the impertinency of the Interrogatories and Depositions of Witnesses taken on the Defendants part in the same Case the said Sir Robert Berkley upon the second day of May in the Eighth Year of his now Majesties Reign Certified that Nine and thirty of the said Interrogatories and the Depositions upon them taken should be suppressed which Answers except as aforesaid and Depositions although the same did contain the said Defendants most material Defence Yet were expunged and suppressed according to the said Certificates both which said Certificates were contrary to Law and Justice and contrary to his the said Sir Robert Berkley's own knowledg and contrary to the said former Order whereby the Advantages were saved to the Defendants as aforesaid And by reason thereof the said John Overman and the said other fifteen Defendants were sentenced in the said Court of Star-Chamber to be committed Prisoners to the Fleet and disabled from using their Trade of Soap-makers And one of them fined in a Thousand Five hundred Pounds Two of them in a Thousand Pound apiece Four of them in a Thousand Mark apiece which Fines were estreated into the Exchequer without any mitigation And the said Defendants according to the said Sentence were imprisoned and deprived of their Trade and Livelihood tending to the utter ruine of the said Defendants and to the overthrow of free Trade and contrary to the Liberty of Subjects 4. That he the said Sir Robert Berkley then being one of the Justices of the Kings-Bench and having taken an Oath for the due administration of Justice according to the Laws and Statutes of this Realm to His Majesties Liege People on or about the last of December subscribed an Opinion in haec verba I am of Opinion that as where the Benefit doth more particularly redound to the good of the Ports of Maritime Parts as in case of Piracy or Dep redations 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 borne by all the Realm in general This I hold agreeable both to Law and Reason 5. That he the said Sir Robert Berkley then being one of the Justices of our Court of Kings-Bench and duly sworn as aforesaid In February 1636. subscribed an extrajudicial Opinion in Answer to Questions in a Letter from His Majesty in haec verba Charles R. WHen the Good and Safety of the Kingdom in general is Concerned and the whole Kingdom in Danger Whether may not the King by Writ under the Great Seal of England Command all the Subjects of this Kingdom at their Charge to provide and furnish such Number of Ships with Men Victuals and Munition and for such time as he shall think fit for the Defence and Safeguard of the Kingdom from such Danger and Peril And by Law compel the doing thereof in case of refusal or refractoriness And whether in such case is not the King the Sole Judge both of the Danger and when and how the same is to be prevented and avoided May it please your Most Excellent Majesty We have according to your Majesties Command severally every Man by himself and all of us together taken into serious consideration the Case and Question signed by your Majesty and inclosed in your Royal Letter And we are of Opinion that when the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger your Majesty may by Writ under the Great Seal of England command all your Subjects of this your Kingdom at their charge to provide and furnish such number of Ships with Men Victual and Munition and for such time as your Majesty shall think fit for the Defence and Safeguard of the Kingdom from such Danger and Peril And that by Law your Majesty may compel the doing thereof in case of Refusal or refractoriness And we are also of Opinion that in such Case your Majesty is the sole Judge both of the danger and when and how the same is to be prevented and avoyded John Brampston John Finch Humphrey Davenport John Denham Richard Hutton William Joanes George Crook Thomas Trevor George Vernon Robert Barkley Francis Crawley Richard Weston 6. That he the said Sir Robert Berkley then being one of the Justices of the Court of Kings-Bench and duly sworn as
Cohabit July 12. 1641. It was Resolved to pass as a Law Nemine Contradicente UPon Report this Day made unto the House from the Lords Committees for Petitions That William Walter was complained of by the Petition of Elizabeth Walter his Wife for refusing to Co-habit with her or allow her and her 3 Children Maintenance and Supportation for their Lively-hoods although he hath a Good and a Plentiful Estate It was thought fit and so ordered by the Lords in Parliament That the said William Walter shall settle Lands and Tenements cleared from all former Incumbrances other then Leases whereupon the usual Rent is reserved lying in the County of Pembroke upon such Trustees as the said Mrs. Walter shall Nominate to the use of her self and her said 3 Children during the time of her Life And Mr. Justice Foster and Mr Justice Heath's assistance to the said Lords Committees for Petitions are hereby desired by the Lords in Parliament to direct the Counsel of the said Mrs. Walter what security shall be taken in or out of the Premisses and how and in what manner an Estate of and in the Lands and Tenements or Tithes of the said William Walter shall be setled or charged and chargeable with the payment of sixty Pounds per An. to the use of the said Mrs. Walter and her 3 Children the first payment whereof to begin at Michaelmass next ensuing the Date hereof And in Case the said Mr. Walter 's Estate shall encrease by the Death of his Mother or Grandmother or otherwise it is their Lordships Pleasure that the Moiety of the same as it shall fall and accrew to him shall be settled and paid unto the said Feoffees to the use of the said Mrs. Walter and her 3 Children as aforesaid by the Advice of the Judges aforenamed And further that if the said William Walter shall refuse or delay by the space of a Month next ensuing to make such settlement in manner as aforesaid then it is their Lordships Pleasure that a Sequestration shall be awarded to such Person or Persons as the said Mrs. Walter shall nominate to take and receive so much of the Yearly Rent and Profits of the said Lands and Tenements of the said William Walter as shall amount to such proportions and allowances as aforesaid to be answered to the said Mrs. Walter or her Assigns half Yearly for the uses aforesaid UPon Report this Day made unto the House from the Lords Committees An Order of the Lords concerning a Vicaridge in Sir Peter Osborn's Case Plaintiff against Thomas Joyce Clerk July 12. 1641. for Petitions in the Cause of Sir Peter Osborn Knight Plaintiff and Thomas Joice Clerk it appeared unto their Lordships That Sir John Osborn Knight deceased Father of the said Sir Peter was seized in Fee of the Rectory of Hawnes in the County of Bedford to which the Advowson of the Vicaridge did consist only of eight Pounds per Ann. stipend That the said Sir John Osborn did in the 9th Year of King James convey the Inheritance of the said Rectory and Vicaridge together with a new House built upon his own Land to the now Bishop of Durham Sir Thomas Cheek and others for the Increase of Maintenance of such Vicar or Vicars as should be nominated by the said Sir John or his Heirs But before the Gift Sir John puts in Mr. Brightman and Mr. Wilson successively who injoyed the said House and Tythes and after the Gift nominated Mr. Sherley who was only Licensed by the Bishop but never Instituted or Inducted After the Death of the said Mr. Sherley the said Sir Peter Osborn nominated Mr. Buckley who was Licensed by the Bishop without being instituted or Inducted the Defendant Joyce obtains a Presentation by Lapse and gained a Decree in Chancery for the Rectory House and Tythes against which Decree Sir Peter Osborn objected that the Donor intended the said Rectory to him only that was to be nominated by himself or his Heirs and could not intend it to any that came in by Lapse it being then in Lapse when his Gift was made which was denied by the Defendant and affirmed that it was intended to the Incumbent whoever he was otherwise the Charity of the Donor would be overthrown Whereupon the Decree and Deed of the said Sir John Osborn was produced and read before the said Lords Committees who after long Debate by Councel on both Sides were fully satisfied That the Donor intended it to none but such as should come in by the Nomination of him or his Heirs Whereupon it is Ordered and Adjudged by the Lords in Parliament That the said Lay Fee Rectory and House together with all the said Donors Gift setled by the said Deed shall by virtue of this Order go to such Clergy-Man or Men as the said Sir Peter Osborne and his Heirs shall Nominate and Appoint according to the meaning of the said Donor and no other And that the Defendant Joyce that came into the vicaridge by Lapse shall have no Advantage of the Gift so made by Sir John Osborne but shall forthwith upon Notice hereof relinquish the same and shall also Answer to the Feoffees for all the Profits of the said House and Rectory by him taken ever since the said Decree and if the said Defendant Joyce conceives he hath any Right he is left to try the same at the Common Law without taking any advantage of the said Decree or of any thing done by Sir Peter Osborne in Obedience to the said Decree A Message was brought from the House of Commons by Sir Henry Vane Junior to desire that the Bill for Tonnage and Poundage may be delivered unto them to be brought up and presented by their Speaker with the Commission under the Great Seal annexed THeir Lordships taking this into Consideration Message from the Commons about the Bill of Tonage and Poundage and perusing the Commission found by the Tenor of the said Commission that the Bill of Tonnage and Poundage could not pass the Royal Assent by virtue of this Commission if they were separated therefore to avoid all Ambiguities Resolved to send some Lords to desire His Majesty would be pleased to come in Person to give the Royal Assent to the said Bill Hereupon the E. Bath E. Essex E. Cambridge E. Bristol Bill for Tonnage and Poundage passed the Royal Assent went presently to attend his Majesty therein who brought this Answer That the King will be here presently His Majesty being come and satt in the Chair of State the Commons were sent for who came and by their Speaker presented the Bill for Tonnage and Poundage then the Clerk of the Crown read the Title of the said Bill and the Clerk of the Parliament pronounced the Royal Assent thereunto in these words Le Roy remerciant ses bons Subjects accepte Leur Benevolence et ainsi le veult It was this day Ordered in the Commons House Munday July 12. Order for Aftornoon Sermons in all
Counties in this Kingdom but they conceive that their Names will be unacceptable and their Persons unwelcome and being thus Impeached to become Judges of Mens Lives and Estates will be a thing of great offence and distraction Therefore the House of Commons desired that all the Commissions granted to the Peccant Judges may be superseded and that their Names may be no more Vsed in Commissions and when the great Affairs now in agitation be dispatched they desired their Lordships to take their Impeachments into Consideration and proceed therein according to Justice Ordered That this House Consents to both these Requests of the House of Commons touching the aforesaid Judges This day the Lord Bruce was introducted with the usual Ceremonies his Patent bearing Date Aug. 2. 1641. Lord Bruce introducted The Earl of March reported to this House The Kings Answer about the Irish Acts. That His Majesty is pleased to like well of the Advice of this House concerning the staying of the Acts of Grace and Favour which were to be passed for the Kingdom of Ireland and will give order it shall be done accordingly until this House hath considered of the Letter sent to the Lord Keeper from the Speaker of the Lords House in Ireland Propositions of the Scots Commissioners and Answers of the English Lords Commissioners August 5. 1641. Propositions for the concluding the Peace with the Scots The Earl of Bristol reported the Propositions and Articles given in by the Scots Commissioners after the Lord Lowdon's return from the Parliament of Scotland which were read as followeth That the Treaty of Peace may be brought to a speedy and happy Close we do offer to your Lordships Consideration the following Particulars I. That as soon as the Scottish Army shall remove out of England to Scotland the English Garrisons of Berwick and Carlisle may remove simul semel II. Lest Malefactors who have committed Murder and the like Crimes crave the Benefit of the Act of Pacification and Oblivion for whom it is no ways intended there would be an Exception from the said Acts of all Legal pursuits intended or to be intended within the space of one year after the Date of the Treaty against Thieves * A Scotch word for Excommunicate Persons Horners Out-lawers Fugitives Murderers Broken men or their Receptaries for whatsoever Thefts Rifes Hardships Oppressions Depredations or Murders done or committed by them and all Lawful Decrets given or to be given by the Parliament or any Commissioners to be appointed by them for that effect who shall have power to Dignosce and take Cognition whether the same falls within the said Act of Pacification or Oblivion or not III. It is desired that the demand concerning the not making or denouncing War with Forreigners without consent of both Parliaments may be condescended unto by the King and the Parliament of England which is Ordained and Universally observed in all mutual Leagues which are both Offensive and Defensive and because the Wars denounced by one of the Kingdoms with Forreigners although made without consent of the other Kingdom will Engage them by necessary Consequence Or if the Consideration of this Proposition shall require longer time then the present Condition of the Important Affairs of the Parliament may permit and lest the speedy Close of the Treaty be thereby impeded it is desired that this Demand with the other Two Articles of the same Nature the one concerning Leagues and Confederations and the other concerning mutual Supply in case of Forreign Invasion may all three be remitted to Commissioners to be chosen by both Parliaments who shall have Power to Advise and Treat thereupon for the good of both Kingdoms and Report to the Parliament Respectively IV. It is desired That the Articles concerning Trade and Commerce Naturalization mutual Priviledge and Capacity and others of that nature already demanded may be condescended unto by the King and Parliament of England and namely that demand anent the Pressing of Men and Ships by Sea or Land Or if shortness of time may not permit the present determination of these Demands it is desired that the same except so many of them as are already agreed unto by the Commissioners for Trade may be remitted to Commissioners to be chosen by both Parliaments who shall have Power to Treat and Advise thereof for the good of both Kingdoms and to make Reports to the Parliament respectively and that the Charters or Warrants of the Scottish Nation for freedom of Shipping in England or Ireland from all Customs Imports Duties and Fees more then are paid by the Natives of England or Ireland granted by King James under the Great Seal of England upon the 11th day of April in the 13th year of his Reign and Confirmed by King Charles upon the 19th of April in the 8th year of his Reign may be Enacted and Ratified in this Parliament V. That the Extracts of Bonds and Decrets upon Record and Registers in Scotland may have the like Faith and Execution as the French Tabellons have in England and Ireland seeing they are of a like Nature and deserves more Credit and if this cannot be done at this time that it be remitted to the former Commission from both Parliaments VI. The manner of Safe Conduct for Transporting the Monys from England or Scotland by Sea or Land would be condescended unto in such way as the Charges be not Exorbitant and may be presently known VII The Tenor of the Commission for Conserving of Peace would be condescended unto together with the Times and Places of meeting and whole frame thereof the draught whereof when it is drawn up in England is to be represented to the Parliament of Scotland that they may make the like Commission and name their Commissioners for that effect VIII The Parliament of Scotland do join their earnest and hearty desires and craves the Parliament of England's Concurrence that none be placed about the Prince's Highness but such as are of the Reformed Religion IX That an Act of Parliament of Publick Faith for payment of the 220000 l. which is Arrear of the Brotherly assistance may be presently framed and expedited according to the Terms agreed upon X. It is desired that the Quorum to whom the Scots should Address themselves for payment of the 220000 l. be condescended upon XI That the Order for recalling all Proclamations made against His Majesties Subjects of Scotland be drawn up and intimate in due Form and Time with the Public Thanksgiving at all the Parish Churches of His Majesties Dominions XII It is desired That the Articles concerning the Castle of Edinburgh and other Strengths of that Kingdom may be understood to be that the same shall be disposed of for the Weal of the Kingdom as the King and Parliament shall think Expedient The English Lords Commissioners Answers THat upon the disbanding the Scottish Army the Garrisons of Berwick and Carlisle shall be removed according to the Articles of the Treaty in that
who invaded England faithful and Loyal Subjects in all Churches and Chappels upon the Thanksgiving Day between the Kingdoms of England and Scotland it was desired by the Commissioners of Scotland that the Loyalty and Faithfulness of his Majesties Subjects might be made known at the time of the Publick Thanksgiving in all Places and particularly in all Parish Churches of his Majesties Dominions which Request was graciously condescended unto by his Majesty and confirmed by the aforesaid Act. It is now Ordered and Commanded by both Houses of Parliament that the same be effectually done in all Parish Churches throughout this Kingdom upon Tuesday the 7th day of September next coming at the time of Publick Thanksgiving by the several and respective Ministers of each Parish Church or by their Curates who are hereby required to read this present Order in the Church Thus did they resolve not only to conquer but to triumph and this was also to be a little kind of Shibboleth for the Clergy for who ever did either speak any thing against the Scots or declined this Declaration of their Loyalty and Fidelity to the King which it was very difficult for Men of sense to believe and therefore more hard for Men of Conscience to declare were certain to be esteemed Malignants and upon the least Complaint were sure to be sent for in the Custody as Delinquents It was also Ordered That Mr. Marshal and Dr. Marshal and Burgess to preach before the Commons upon the Thanksgiving Day A Petition of some Merchants to seize some Parts of America Burgess be desired to Preach before the House of Commons upon the Thanks-Giving Day at St. Margarets Church in Westminster A Petition was presented to the House by several Merchants about the Town consisting principally of three Heads 1 That there might be a certain number of Ships well appointed and stored with Ammunition and Provision for such a Service to be sent to America and some Part to Affrica whereby we might possess our Selves with the Riches of those Countries 2 That the Spanish Party is now grown weak which may induce us with greater alacrity to attempt it 3 That we may thereby become possessed of the Command of both the North and South Seas which will both increase Commerce Shipping Sea-Men and Trade at Home and render us Formidable and Powerful Abroad The Lord Keeper signified to the House that he had received a Letter from the King at Edenburgh by Mr. Anthony Nichols who was the Express sent from both Houses to His Majesty in Scotland The Letter was read in haec verba RIght Trusty and well Beloved We greet you well Whereas We have understood by the Petition of both Houses of Our Parliament in England The King's Letter to the L. Keeper about the Commission to the Committees of both Houses which Anthony Nichols Esquire hath been imployed to Vs from them that they are resolved to send down certain of their Members for to see the Ratification of the Treaty of Pacification by the Parliament here and to that end have desired a Commission under Our Great Seal We do not hold necessary to sign any such Commission but are hereby graciously pleased to give leave to the said Members to come and attend Vs here in Scotland to see the Ratification of the said Treaty and what else belongs thereunto and this We require you to signifie unto both Houses from Vs Given under Our Signet at Our Court of Edenburgh and the 25th Day of August in the 17 Year of Our Reign Such was the Ungovernable Insolence of the Rabble of those who called themselves the Well-Affected Party by their having been indulged because not severely Punished in the Case of the Earl of Strafford that upon every Occasion like a Fire ill quenched they broke out into Disorder and Outrages which was the Occasion of this following Order of the Lords UPon Information this Day to this House An Order of the Lords about the Tumults concerning the French Ambassador Aug. 30. 1641. that the French Ambassador and his Servants hath been lately Assaulted in his own House by a Company of Rude and Insolent People unto the great Dishonor of Our Nation and to his Lordships insufferable Wrong Injury and Dishonor whereof this House is very sensible and do intend that all possible Diligence be used for the finding out of the Malefactors for the Punishment of them to the Example and Terror of others that none may presume hereafter to commit the like Outrages to any Ambassadors of whom this House will always take regard It is therefore thought fit and Ordered by this House That Mr. Hooker Mr. Long Mr. Whittacre and Mr. Shepheard his Majesties Justices of the Peace or any two or more of them shall speedily take this Business into their Examination and by all Dilligence that may be used find out the said Malefactors and to Imprison them until they find out Sureties for their good Behavior and to appear in this House on Monday the 6th of September 1641. to undergo such Punishment as their Lordships shall think fit to inflict upon them for their said Offences and Misdemeanors so committed as aforesaid And that the said Justices of the Peace having throughly examined the Business shall make Certificate unto this House on the said sixth day of September next of all the whole Matter and how they find it that thereby their Lordships may proceed therein according to that which shall be Just And lastly That the aforesaid Justices shall give Order That there shall be Watch set according to Law for the better securing the Safety of the Ambassador and his House and for preventing Disorderly and Tumultuous Assemblies Ordered That the Lord Great Chamberlain Lord Chamberlain Earl Warwick Lord Kymbolton do acquaint the French Ambassador from this House that their Lordships have taken this Business into Consideration The House of Commons also took the Case of Sir John Corbet into debate whe for saying at a Quarter Sessions in the County of Salop That the Muster Masters Wages throughout England were illegal and against the Petition of Right c. had been Imprisoned and Fined by the High Commission Court and it was Ordered That the late Lord Keeper Coventry the Archbishop of Canterbury and others who were the Occasions of it shall make him Reparations for his Sufferings and Damages and a Conference was desired with the Lords upon it where the Managers of the Commons delivered to their Lordships a Transmission of an Impeachment concerning the Cause of Sir John Corbet a Member of the House of Commons against the Earl of Bridgwater the Lord Privy Seal the Archbishop of Canterbury the Lord Cottington the Lord Newburgh and the two Secretaries of State in which the House of Commons desire that the several Persons whom it concerns may be called to answer and that their Lordships would proceed therein according to Justice and that Sir John Corbet may have Reparation for his Imprisonment
manifestation thereunto subscribeth this 16th day of May 1654. Robert R. Farnam his Mark. This Deposition was taken before Us Commissioners for the Revenue of the Precinct of Cork Robert Phaier Esay Thomas Tho. Woodlif Twelve Depositions in behalf of the Lord and Lady Muskery viz. 1 Sarah Vokely 2 Barbara Moore 3 Mrs. Love 4 Catharine Floyd 5 Mary Thomas 6 Sampson Moor. 7. Eliz. Wharton 8 Ann Field 9 Corporal Biddel in behalf of the said Lord and Lady with Eliz. Lasdoffers in behalf of the said Lady 10 Richard Love 11 Richard Allen and William Baker 12 Eliz. King 13 A Copy of the Certificate of the Lady Muskery's civil carriages since the Rebellion taken before the said Commissioners Dated with the above Depositions the 16th day of May 1654. The Bishop of Ferns also gave this Certificate That he saw a Gibbet upon Carigodrohitt Hill with Two Irish-men hanging on it Executed by the Lord Muskery 's Order for Robbing some English-men coming out from Kerry in the Week before Christmas 1641. Dat. March 28 1682. The Rebels grown now numerous by meeting with little or no opposition and insolent by their Successes began to think of carrying all before them and Sir Phelim O Neal had got together a great Army though but in very ill Equipage insomuch that he divided his Body and with one part marched down towards Lisnagarny near the chief Plantation of the Scots whom hitherto they had professed they would permit quietly to live among them and keep what they were possessed of and the other part advanced towards the English Pale and took in Dondalk Dondalk taken by the Rebels which they did with little difficulty there being only one Company in the Town of the Army commanded by a Lieutenant who having neither Arms nor Ammunition quickly yielded the place which he saw it impossible to defend the Inhabitants being willing to Entertain the Rebels into the Town as they had before into their Hearts and good Affections After the taking of this Town which was about the beginning of November they marched further into the County of Lowth and took in Ardee a little Town within Seven Miles of Tredah The State had present advertisement from the Lord Moor A Garrison opportunely sent to Tredah of their Motions and the Design they had upon Tredah and the ill posture it was in and therefore dispatched away Sir Henry Tichburn with a Regiment wherein several who had been Field-Officers in former Employments voluntarily served as private Captains who going from Dublin the third of November happily arrived there the next day and after them several Troops under the Command of Captain John Slaughter Lieutenant to Sir Thomas Lucas Commissary General Thomas Graham Lieutenant to Sir Adam Loftus and others by which means that important place was preserved from falling into the hands of the Rebels The Lords Justices and Council did also with all diligence apply themselves now to fortifie the City and Suburbs of Dublin Dublin fortified which the Rebels among other Insolencies threat'ned to Attaque Sir Charles Coot was made Governour of the City and had a Commission to raise a Regiment of the poor stripped and dispoiled English who had taken Sanctuary in that City as also the Lord Lambert had to raise another But the greatest difficulty was Money which either was so really scarce or so pretended by the Mayor Aldermen and Citizens that when the Lords Justices sent to borrow Money of them to victual the Castle and carry on the Fortifications The Corporation of Dublin not able to raise above 40 l. they positively affirmed to the Board all they could raise would not amount to above 40 l. and part of that in Cattle too which to Posterity will rather appear an Argument of the little Affection they had to the Government and to keep out the Rebels than of any real Want or Poverty However the Master of the Rolls by a pretty Artifice got the Castle plentifully Victualled for observing the Frights and daily Alarms in which the Protestants in the City were in he laid hold upon this occasion Dublin Castle well Victualled by a pretty Artifice of the Master of the Rolls and sending for some of the best Merchants of the Protestants he represented to them how unsafe their Goods were in the Town and advised them to bring them for security into the Castle where they should be under a strong Guard and withal engaged That if they were made use of for the Publick Service he would become engaged for so much which he would repay out of the first Money consigned from England which promise he exactly afterwards made good by Bills drawn upon the Chamber of London by this means he got 2000 Barrels of Beef 2000 Barrels of Herrings and a large proportion of Wheat into the Stores of the Castle which afterwards proved of excellent Use for the Relief not only of the Castle but of the Army which was quartered in the City a long time after To prevent Dangers which might happen by the great resort of Strangers to the City which raised great apprehensions in the honester Party of the Inhabitants a Proclamation was made commanding all Persons in His Majesties Name not dwelling in the City of Dublin within one hour after the Publication thereof immediately to depart upon pain of Death and this not seeming sufficiently effectual upon the 28th of October a second Proclamation more severe was issued out to the same purpose with the penalty of death to such as should harbour or entertain such suspitious Persons The Proclamations were as follow By the Lords Justices and Council William Parsons Jo. Borlase FOr great and weighty reasons of State A Proclamation commanding all Strangers upon pain of death to depart the City and Suburbs of Dublin 23 Octob. 1641. concerning highly the Peace and Safety of this City and Kingdom We do hereby in His Majesties Name strictly Charge and Command all manner of Persons of what Degree and Condition soever who are not dwellers in this City or Suburbs that within one hour after publishing this Proclamation they depart from the Suburbs of this City and return to their own dwellings and that upon pain of death to be presently executed upon them if any of them be found here after that time And all Housholders in the Suburbs to whom any such may come are to be equally guilty with such Contemners if they Lodge or Entertain any of the said Persons hereby required to depart Given at His Majesties Castle of Dublin 23 October 1641. R. Dillon Ad. Loftus Jo. Temple Fr. Willoughby Ja. Ware Rob. Meredith A second Proclamation for all Strangers upon pain of death to depart out of Dublin c. Octob. 28. 1641. By the Lords Justices and Council William Parsons Jo. Borlase WHereas notwithstanding the late Proclamation published in this City requiring all Stangers to depart from the same upon pain of Death divers Strangers do daily repair to the same and
Goal until they should either perform such sentences or put in sufficient Bail to shew some reason before the Councel Table of such their contempt and neglect and the said Earl the day and year last mentioned signed and issued a Warrant to that effect and made the like Warrant to send to all other Bishops and their Chancellors in the said Realm of Ireland to the same effect 10 That the said Earl of Strafford being Lord Lieutenant or Deputy of Ireland procured the Customes of the Merchandize exported out and imported into that Realm to be farmed to his own use And in the Ninth Year of his now Majesties Reign he having then interest in the said Customes to advance his own gain and lucre did cause and procure the native Commodities of Ireland to be rated in the Book of Rates for the Customes according to which the Customes were usually gathered at far greater values and prices than in truth they were worth that is to say every Hide at twenty Shillings which in truth was worth but five Shillings every stone of Wool at thirteen shillings four-pence though the same ordinarily were worth but five Shillings at the utmost but nine Shillings by which means the Custome which before was but a twentieth part of the true value of the Commodity was inhansed sometimes to a fifth part and sometimes to a fourth and sometimes to a third part of the true value to the great oppression of the Subjects and decay of Merchandize 11 That the said Earl in the Ninth Year of his now Majesties reign did by his own will and pleasure and for his own lucre restrain the exportation of the Commodities of that Kingdome without his Licence as namely Pipe-staves and other Commodities and then raised great Sums of Money for licensing of exportation of those Commodities and dispensation of the said restraints imposed on them by which means the Pipe-staves were raised from four pound ten shillings or five pound per thousand to ten pound and sometimes eleven pound per thousand and other Commodities were inhanced in the like proportion and by the same means by him the said Earl 12 That the said Earl being Lord Deputy of Ireland on the ninth day of January in the Thirteenth Year of his Majesties Reign did then under colour to Regulate the Importation of Tobacco into the said Realm of Ireland issue a Proclamation in his Majesties Name prohibiting the importation of Tobacco without licence of him and the Councel there from and after the first day of May Anno Dom. 1638. after which restraint the said Earl notwithstanding the said restraint caused divers great quantities of Tobacco to be imported to his own use and fraughted divers Ships with Tobacco which he imported to his own use and that if any Ship brought Tobacco into any Port there the said Earl and his Agents used to buy the same to his own use at their own price And if that the owners refused to let him have the same at under values then they were not permitted to vent the same by which undue means the Earl having gotten the whole Trade of Tobacco into his own hands he sold it at great and excessive prizes such as he list to impose for his own profit And the more to assure the said Monopoly of Tobacco he the said Earl on the three and twentieth day of February in the Thirteenth Year aforesaid did issue another Proclamation commanding that none should put to Sale any Tobacco by whole sale from and after the last day of May then next following but what should be made up into Rolls and the same Sealed with two Seals by himself appointed one at each end of the Roll. And such as was not Sealed to be seised appointing six pence the pound for a reward to such persons as should seize the same and the persons in whose custody the unsealed Tobacco should be found to be committed to Goal which last Proclamation was covered by a pretence for the restraining of the Sale of unwholesome Tobacco but it was truely to advance the said Monopoly Which Proclamation the said Earl did rigorously put in execution by seizing the Goods Fining Imprisoning Whipping and putting the offenders against the same Proclamation on the Pillory as namely Barnaby Hubbard Edward Covena John Tumen and divers others and made the Officers of State and Justices of Peace and other Officers to serve him in compassing and executing these unjust and undue courses by which Cruelties and unjust Monopolies the said Earl raised 100000 li. per annum gain to himself And yet the said Earl though he inhanced the Customes where it concerned the Merchants in general yet drew down the impost formerly taken on Tobacco from six pence the pound to three pence the pound it being for his own profit so to do And the said Earl by the same and other rigorous and undue means raised several other Monopolies and unlawful exactions for his own gain viz. on Starch Iron-pots Glasses Tobacco-pipes and several other Commodities 13 That Flax being one of the principal and native Commodities of that Kingdome of Ireland the said Earl having gotten great quantities thereof into his hands and growing on his own Lands did issue out several Proclamations viz. one dated the one and twentieth day of May in the Eleventh of his Majesties Reign and the other dated the one and thirtieth day of January in the same year thereby prescribing and injoyning the working of Flax into Yearn and Thread and the ordering of the same in such ways wherein the Natives of that Kingdom were unpractised and unskilful which Proclamations so issued were by his Commands and Warrants to his Majesties Justices of Peace and other officers and by other rigorous means put in execution and the Flax wrought or ordered in other manner than as the said Proclamation prescribed was seized and imployed to the use of him and his agents and thereby the said Earl endeavoured to gain and did gain in effect the sole Sale of that Native Commodity 14 That the said Earl of Strafford by Proclamation dated the Sixteenth of October in the Fourteenth Year of his Majesties Raign did impose upon the Owners Masters Pursers and Boats-swains of every Ship a new and unlawful Oath viz. that they two or more of them immediately after the arrival of any Ship within any Port or Creek in the said Kingdom of Ireland should give in a true in-voice of the outward balke of Wares and Merchandises and number of Goods and the qualities and condition of the said Goods as far as to them should be known the names of the several Merchants Proprietors of the said Goods and the places from whence they were fraughted and whither they were bound to discharge which Proclamation was accordingly put in execution and sundry persons enforced to take the said unlawful Oath 15 That the said Earl of Strafford Trayterously and wickedly devised and contrived by force of Armes in a warlike manner to subdue
the Subjects of the said Realm of Ireland to bring them under his Tyrannical power and will and in pursuance of his wicked and Trayterous purposes aforesaid the said Earl of Strafford in the Eighth Year of his Majesties Reign did by his own Authority without any warrant or colour of Law tax and impose great Sums of Money upon the Towns of Baltemore Baudenbridge Talowe and divers other Towns and Places in the said Realm of Ireland and did cause the same to be levied upon the Inhabitants of those Towns by Troops of Souldiers with Force and Arms in a warlike manner And on the Ninth day of March in the Twelfth Year of his now Majesties Reign Traiterously did give Authority unto Robert Savile a Serjeant at Armes and to the Captains of the Companies of Souldiers in several parts of that Realm to send such numbers of Souldiers to lye on the Lands and Houses of such as would not conform to his orders untill they should render obedience to his said orders and warrants and after such submission and not before the said Souldiers to return to their Garrisons And did also issue the like Warrants unto divers others which Warrants were in Warlike manner with Force and Arms put in Execution accordingly and by such Warlike means did force divers of his Majesties Subjects of that Realm to submit themselves to his unlawful Commands And in the said Twelfth Year of his Majesties Reign the said Earl of Strafford did Traiterously cause certain Troops of Horse and Foot armed in Warlike manner and in Warlike aray with Force and Armes to expell Richard Butler from the possession of Castle-Cumber in the Territory of Idough in the said Realm of Ireland and did likewise and in like Warlike manner expel divers of his Majesties Subjects from their Houses Families and Possessions as namely Ed. Brenman Owen Oberman Patrick Oberman Sir Cyprian Horsfield and divers others to the number of about an hundred Families and took and imprisoned them and their Wives and carried them Prisoners to Dublin and there detained them untill they did yield up surrender or release their respective Estates and Rights And the said Earl in like Warlike manner hath during his Government of the said Kingdom of Ireland subdued divers others of his Majesties Subjects easily to his Will and thereby and by the means aforesaid hath levied War within the said Realm against his Majesty and his Liege People of that Kingdom 16. That the said Earl of Strafford the Two and twentieth of February in the Seventh Year of his now Majesties Reign intending to oppress the said Subjects of Ireland did make a Proposition and obtained from his Majestie an allowance That no Complaint of Injustice or Oppression done in Ireland should be received in England against any unless it first appeared that the Party made first his address to him the said Earl and the said Earl having by such usurped tyrannical and exorbitant Power expressed in the former Articles destroyed the Peers and other Subjects of that Kingdom of Ireland in their Lives Consciences Land Liberties and Estates the said Earl to the intent the better to maintain and strengthen his power and to bring the People into a disaffection of his Majestie as aforesaid did use his Majesties Name in the execution of his said power And to prevent the Subjects of that Realm of all means of Complaints to his Majesty and of Redress against him and his Agents did issue a Proclamation bearing date the Seventeenth day of September in the Eleventh Year of his Majesties Reign thereby commanding all the Nobility Vndertakers and others who held Estates and Offices in the said Kingdome except such as were imployed in his Majesties Service or attending in England by his Special Command to make their personal Residence in the said Kingdom of Ireland and not depart thence without Licence of himself And the said Earl hath since issued other Proclamations to the same purpose by means whereof the Subjects of the said Realm are restrained from seeking Relief against the oppressions of the said Earl without his Licence which Proclamation the said Earl hath by several rigorous wayes as by Fine Imprisonment and otherwise put in execution on his Majesties Subjects as namely one Parry and others who came over only to complain of the Exorbitances and Oppressions of the said Earl 17. That the said Earl having by such means as aforesaid subverted the Government and Lawes of the Kingdom of Ireland did in March in the Sixteenth year of his Majesties Reign in Scandal of his Majesty of all his Kingdoms and in further Execution of his wicked purposes aforesaid speaking of the Armies in Ireland declare That his Majesty was so well pleased with the Army of Ireland and the consequence thereof that his Majesty would certainly make the same a pattern for all his Three Kingdoms 18 That the said Earl of Strafford for the better effecting of his Trayterous designs and wicked purposes did indeavour to draw dependency upon himself of the Papists in both Kingdoms of England and Ireland and to that end during the time of Government in Ireland he restored divers Frieries and Mass-houses which had been formerly suppressed by precedent Deputies of that Kingdom two of which houses were in the City of Dublin and had been assigned to the use of the Vniversity there to the pretended Owners thereof who have since imployed the same to the Exercise of the Popish Religion And in the Moneth of May and June last the said Earl did raise an Army in the said Realm consisting of Eight thousand Foot all of which except one thousand or thereabouts were Papists and the said One thousand were drawn out of the Old Army there consisting of Two thousand Foot and in their places there were a thousand Papists or thereabouts put into the said Old Army by the said Earl And the more to ingage and tye the new Army of Papists to himself and to encourage them and to discourage and wear out the Old Army the said Earl did so provide That the said New Army of Papists were duly payed and had all Necessaries provided for them and permitted the Exercise of their Religion but the said Old Army were for the space of one whole Year and upwards unpaid And that the said Earl being appointed a Commissioner with Eleven several Counties in the Northern Parts of England for Compounding with Recusants for their Forfeitures due to his Majesty which Commission beareth date the Eighth day of July in the Fifth Year of his Majesties Reign that now is and being also Receiver of the Composition Money thereby arising and of other Debts Duties and Penalties for his Majesties Vse by Letters Patents dated the 9. day of the said July he to engage the said Recusants to him did compound with them at low and under Rates and provided that they should be discharged of all proceedings against them in all his Majesties Courts both Temporal and Ecclesiastical in manifest
and Concourse of People to those places Thirdly To the Poor who found there a constant relief from their Hospitality Fourthly To the King's Revenues for that besides their First-fruits Tenths c. no sort of Men did more readily grant Subsidies to his Majesty or were more willing at this time to contribute to the publick Charges of the Kingdom He trusted much he said in the Honour and Justice of this Honourable House in regard that though they were Accused of great and flagitious Crimes yet he could not hear of the least proof offered against them and therefore he hoped that they who professed so much sincerity in Religion would never have St. Paul's censure deservedly laid upon them Thou that abhorrest Idols dost thou commit Sacriledge Which he did not see how it could be avoided if they destroyed these Religious Foundations which were dedicated and set apart for the solemn Service and Honour of God Concluding That upon the Ruine of the Rewards of Industry and Learning no Structure could be raised but Ignorance and upon the Chaos of Ignorance nothing but Confusion Prophaneness Irreligion and Atheism But Alas All this was but Surdis Canere Upon this there arose a warm debate and the Episcopal Party in the House who were by far over-numbered urged That they took the late Protestation to be the meaning and intention of the House to defend the Protestant Religion and not to destroy it according to the first Clause of the said Protestation But they soon found themselves in Solomon's Snare who informs them that is a Snare to devour holy things and after vows to make Enquiry for whatever their intention was in taking it the imposers had one very far different and meant it as an Engine to pull down the Ecclesiastical Hierarchy as a Relique of Popery and therefore they now explained their meaning to be That Explanation of the Protestation by the True Reformed Protestant Religion expressed in the Doctrine of the Church of England against all Popery and Popish Innovations within the Realm contrary to the same Doctrine is meant only the Publick Doctrine professed in the said Church so far as it is opposite to Popery and Popish Innovations and that the said Words are not to extend to the maintaining of any Form of Worship Discipline or Government nor of any Rites or Ceremonies of the said Church of England So that upon the Matter hereby the Government of the Church by Arch-bishops Bishops c. together with the Liturgy were plainly designed for Extirpation which is the Presbyterian way of Reforming Thus by an unhappy Artifice were many worthy and sound men not only for the Doctrine but Government of the Church as it were drawn into a Confederacy to destroy her And if their too inconsiderate compliance drew them into this danger how deeply were they Guilty who designedly drew them into the making a solemn Protestation Vow and Promise in the presence of Almighty God to perform something which by their own Confession was so mysterious and doubtful as to need an Explication a Vow made without the knowledge or consent of their Supreme Lord and Sovereign and as they Explained it not only directly contrary to their Oaths of Allegiance and Supremacy but such a one as their Sovereign could not permit them to keep but he must violate his Coronation Oath by which he had obliged himself to defend the Church in all her Priviledges and Immunities as then by Law possessed and enjoyed A most impious affront to the Supreme Majesty of Heaven making him a Party to a Vow so rashly made that the very framers of it to their Eternal Infamy acknowledged by this Explanation carried so much Ambiguity as to render it not sufficiently understood to be taken with a safe Conscience nor by many of those who took it be kept without perjury and making shipwrack of their Consciences However this advantage Posterity will be able to make of it not to be again imposed upon by such wily stratagems of pretenders to Reformation but for the future will more easily be able to discover the design and meaning of such Protestations and Associations and in what sense they who diffent from the Church of England understand the True Protestant Religion of which they boast themselves such great Champions and Assertors and that though for a time to serve their Interest they may dissemble yet they esteem the Discipline Rites and Ceremonies of the present Established Church of England no better than Popery and Popish Innovations And that notwithstanding the Testimony of Antiquity long before either Popery or Presbytery came into the World recommends them to us as the Primitive Government and Usages of the Universal Church notwithstanding that the first Reformers set to their Testimony by Martyrdom which they suffered from the Papists an evident demonstration that they are not Popish Notwithstanding that they are agreeable to the Rule of Scripture enjoyned by those Laws and Legislators who detested abhorred and banished the Pope and Popery out of England yet if ever they can get the Power proportionable to their Wills they will endeavour to Extirpate Root and Branch the most truly Primitive and Apostolical Church in the whole Christian World A Message from the House of Commons by Mr. Arthur Goodwin Message from the Commons about the Bill to restrain Ecclesiastical persons from medling in Secular Affairs who delivered the Bill for the abbreviation of Michaelmas Term which the Commons had passed with the amendments And to desire their Lordships from the Commons to take into Consideration as soon as they can the Bill touching the Restraining of Bishops and Persons in Holy Orders from intermedling in Secular Affairs This day two Letters were read in the House of Commons one from Mr. Peter Heywood Thursday May 13. Fears of the French another from Thomas Smith of Dover to one James Buckhurst of the great fears of the French and their being about to Ship many thousands of men to be landed in England the Consideration of which were referred to the Committee of Seven Thus did they by continual Alarms of Fears and Dangers even upon the slightest and most trivial Grounds as it were to keep the People perpetually awake and force them into those dreadful State-Phrensies which were the deplorable Consequences of these Reports and Rumors His Majesty came this day into the House of Lords and having Seated himself in his Chair of State the Lords being in their Robes fitting uncovered the House of Commons were sent for the Royal Assent being to be given to three Bills viz. One for the Abbreviation of Michaelmas Term Another for Pressing and Levying of Marriners and others for the Service of the Kingdom and the third For the Remainder of the Six Subsidies Upon the presenting of which Mr. Speaker made this Speech as I find it in the Book of Speeches Pag. 204. May it please Your Most Excellent Majesty Mr. Speaker's Speech at the passing
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
bind us to it Wherefore Master Whitlock my humble Motion is That we may draw up a short and round Manifesto to wait upon and affirm the Kings Declaration to be still managed by Advice of Parliament which will be safe for our selves more powerful and effectual for the Prince Elector I cannot tell what the present Age thought of it and account it one of the greatest blessings of Heaven that I was not then capable of thinking but certainly Posterity will see by this Speech a most notorious and manifest Collusion in these People who notwithstanding all the glorious pretences and zeal for this deplorable Family in which the Honour and Interest of the King and Nation were by their own Confession so deeply concerned yet never intended any more assistance to this distressed Protestant Prince then a few good and great words which was a cheap way and still reserving to themselves a starting hole to assist the King in this Affair only so long as he would follow their advice Mr. Hide Reports the Results upon the Bill for abolishing Episcopacy whereupon it was Resolved Votes concerning the Bill for abolishing Episcopacy c. That all the Lands Possessions and Rights of the Deans Deans and Chapters shall be committed to the hands of Feoffees to be nominated by this Bill Resolved c. That the Lands and Possessions of the Arch-Bishops and Bishops of England and Wales except Impropriations and Advousons shall by this Bill be given to the King Resolved c. That the Impropriations and Advousons belonging to the Arch-Bishops and Bishops of England and Wales shall be committed to the hands of Feoffees in the same manner as the Lands of Deans and Chapters are appointed to be And because the Prelates and Papists were to be coupled together in the Opinions of these People both in Guilt and Sufferings it was by Vote Reselved Vote against Papists c. That the Committe of 48 propound to the Select Committee of the Lords that no Papist hereafter may have the keeping of any Castle Fort Chase Forrest Park or Walk within England or Wales and that such as are in possession of such Castles c. As aforesaid may be outed thereof according to Law Post Meridiem It was Ordered by the Commons Order about Mr. Randal a Minister formerly ordered to Bedlam That one Mr. Randal a Ministerâ— now in the Goal at Ailesbury in the County of Bucks for words spoken against the Honour of this House who was by a former Order appointed to be removed from thence to Bedlam it is now Ordered that the said Mr. Randal shall be discharged and set at liberty presently upon the sight hereof The further Debate upon Mr. Saturday July 10. Further Votes about the Bill for abolishing Episcopacy Hide 's Report about the Bill for abolishing Episcopacy was this day reassumed whereupon it was Resolved c. That a competent Maintenance shall be allowed out of the Lands and Possessions of the Cathedral Churches for the support of a fit number of Preaching Ministers for the Service of every such Church and a proportionable allowance for the Reparation of the said Churches Resolved c. That such Ecclesiastical Power as shall be Exercised for the Government of the Church shall be transferred by this Act unto the hands of Commissioners to be named by this Act. The further consideration of this matter to be referred till Monday 9 of the Clock Bill for Tonnage and Poundage being passed Mr. Solicitor was ordered to carry it up to the Lords and to move their Lordships that the Royal Assent may be had with as much speed as may be and to move the Lords to expedite the Bill against Pluralities and for disarming Recusants This day Thomas Pain the Attorney Breach of Priviledge giving the Lye to a Peer that gave the ill Language to the Earl of Thannet who charged the said Pain with some Words which were reported to be spoken by him he told the said Earl That it was False and a Lye divers times together which being proved upon Oath it was Ordered That the said Pain be committed to the Custody of the Gentleman-Vsher for the present and this House will take the misdemeanor into further consideration Report of the Conference about the Ten Heads The Earl of Bristol reported the effect of the last meeting with the Select Committee of both Houses concerning the 10 Heads and delivered some Queries and Propositions which the House of Commons made viz. Whether the Colledge of Capuchins at Somerset-House should be sent away out of this Kingdom for they are conceived to be busie Men in giving Intelligence to Forreign States and the House of Commons are induced to believe so because they understand That the Letters of the Capuchins which were Imported and Exported in one Week came to 3 l. 10 s. the Carriage Next they conceive That there are some things contained in the Articles of Treaty of Marriage with France which are contrary to Law Concerning the Education of the Prince they said they would consult further of it Concerning Licenses granted to Recusants They desire His Majesty may be moved that none may be granted hereafter Concerning the removing of the Popish Recusant Ladies from the Court they say they mentioned no particulars but spoke in the General Concerning Pensions They desire that the King may be moved That no Papist beyond the Seas may have any Pension Touching that which concerns the Queen they conceive they have had no full answer yet Concerning their Explanation who are Active Papists they mean those Recusants that are Rich and have most Power in the Countries where they Live as well Peers as others which they desire may be disarmed according to Law Concerning the Popes Nuncio they say the House of Commons are preparing a Bill Concerning the Lord Lieutenants and Deputy Lieutenants considering the State of this Kingdom as it now stands the House of Commons desires they may be such Persons as both Houses approve of and that they may be enabled the more for the defence of this Kingdom there will be a Course taken for Supplying them with Monies out of the Subsidies and the House of Commons desires that the King may be moved to let them have such Powder out of His Majesties Stores as may be spared and they will pay after the Rate of ten Pence per Pound for it as soon as they can get money and further to move His Majesty that the Arms which have been taken from the several Counties may be restored to them and if His Majesty can spare any Arms out of His Store they will buy them to furnish these Southern parts The new Bill for Tonnage and Poundage being read the Third time in the Lords House and being put to the Question Another Bill for Tonnage and Poundag passed the Lords House An Order of the Lords for Relief of a Feme-Covert and her Children against a Husband refusing to
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
from the King in haec verba His Majesty hath commanded Me to tell you Munday July 19 Message from the King about a Priest of the Venetian Ambassadors that upon a Complaint of the Venetian Ambassador for the imprisoning of a Priest being His Majesties Subject he thinks fit that these two Things be done First That all Ambassadors should have it declared to them in His Majesties Name that they retain no Priests Natives of any of His Majesties Dominions Secondly That the Priest belonging to the Venetian Ambassador be presently sent out of the Kingdom and not to return again but at his Peril This Favour His Majesty thinks fit to shew the Venetian Ambassador seeing the particular Person as His Majesty is informed hath been his Servant these three Years and was brought over with him when he came the Ambassador being ignorant of the Laws of the Kingdom Whereupon it was Ordered That the Committee of Ten inform themselves of the truth of the Ambassadors Complaint and the State of the Case Bill about the Marches of Wales A Message was brought from the Commons by Sir Robert Harlow who also brought up a Bill which had passed that House for freeing five Counties from the Jurisdiction of the Marches of Wales Mr. Bellasis also brought up another Bill Bill for Billet Money c. which had passed the House of Commons Entituled an Act for securing of such Monies as are or shall be due to the Inhabitants of the County of York and the other Counties adjoyning wherein His Majesties Army is or hath been Billetted for the Billet of the Soldiers of the said Army as also to certain Officers of the said Army who do forbear part of their Pay according to an Order in that behalf in the Commons House of Parliament this present Session for such Use of their parts as they shall forbear Five new Heads added to the Ten former Propositions July 20. 1641. The Earl of Bristol Reports from the Committee of both Houses for the Ten Heads That the House of Commons have presented to their Lordships five Propositions which they desire may be added to the other Ten Heads and that their Lordships after Consideration of them would joyn with them to move His Majesty therein the Heads were these viz. I. The House of Commons doth declare That no Forreign Ambassador what soever ought to shelter or harbor any Popish Priests or Jesuits that are Natives of the Kings Dominions under pretence of being their Servants or otherwise and that the select Committee of their House for the Ten Propositions shall present this Declaration to the Committee of this House to the end that their Lordships may joyn with them to Petition His Majesty that this may accordingly be observed II. That Care may be taken concerning several Commissions granted for the Levying of Men in Ireland to the number of Fourteen Thousand Men as is informed and all of them Papists to the end to be transported as is conceived to Princes not well affected to this Kingdom and that Popish Commanders may not have such Power by Commissions as is of late granted to them III. Also that no Papist hereafter may have the keeping of any Castle Fort Chace Forrest Park or Walk within England and Wales and that such as are in Possession may be outed according to Law IV. That the King be moved to let the House of Commons have such Gun-powder out of His Majesties Stores as may be spared and they will pay after the rate of ten Pence per Pound for it as soon as they can get Monies V. And lastly To move His Majesty that the Arms which have been taken from the several Counties may be restored to them and if His Majesty can spare any Arms out of His Store they will buy them Hereupon the Lords taking these five Propositions into Consideration Ordered To joyn with the House of Commons humbly to move His Majesty that he would please to Assent to them To this purpose Earl of Essex Earl of Warwick Earl of Cambridge Earl of Bristol Viscount Say and Seal were appointed to attend His Majesty for His Answer After which William Smyter William Shepheard Toby Gratwick Rioters at St. Olaves released George Ewer Hugh Barcok Thomas Low George Pitcher and Edward Symonds upon their Humble Petition and Acknowledgment of their Misdemeanors in the Tumult at St. Olaves and St. Saviors were released from their Imprisonment A Conference having been had-with the Lords about the French Ambassadors Tuesday July 20. French Ambassador desires to have the Disbanded English Army for his Masters Service desire to have some of the disbanded Troops Sir John Culpeper Reports That the French Ambassador had waited upon His Majesty to desire that upon disbanding of the English Army he might have liberty to carry such Men over for his Masters Service as he could agree with and that His Majesty had told him that he would give no Answer till he had acquainted the Parliament with it Whereupon it was Ordered That the House should consider of it on Thursday Morning The engrossed Articles against the Bishop of Ely were this Day carried up to the Lords by Sir Thomas Widdrington who at the reading of them made this following Oration to blacken the Lawn Sleeves which was then the greatest Perfection of Eloquence and of Religion to be highly uncharitable My Lords I am commanded by the Knights Citizens and Burgesses now Assembled for the Commons in Parliament to deliver to your Lordships these Articles against the Bishops of Ely May it please your Lordships first to hear them read MY Lords These Articles are dipped in those Colours Sir Thomas Widdrington's Speech at the reading of the Articles against the Bishop of Ely 20 1641. in which this Bishop rendred himself to the Diocess of Norwich they need no Gloss nor Varnish In them you may behold the spirit and disposition of this Bishop hear the groans and cryes of the People see a Shepherd scattering I had almost said devouring his own Flock He that was desired to paint Hercules thought he had done enough when he had made a resemblance of the Lyons Skin which he was wont to carry about him as a Trophy of his Honor. I will say that in these you will not find a resemblance of the Lyons Skin I am sure you will find the resemblance of the Skins that is to say the tattered and ruin'd Fortunes of Poor Innocent Lambs who have extreamly suffered by the violence of this Bishop In the year 1635 this man was created Bishop of Norwich he is no sooner there but he marcheth furiously In the Creation of the World Light was one of the first productions the first visible action of this Bishop after his Creation into the See was to put out many burning and shining Lights to Suspend divers Able Learned and Conscientious Ministers he that should have been the golden Snuffer of these Lights became the Extinguisher and
first acquainted this House therewith And they further desired this House to consider whether this House would stand to the Charge they have already transmitted The Earl of Bristol Reports certain Propositions or Memorials which were delivered to the Lords Commissioners from the Commissioners of Scotland Memorials from the Scottish Commissioners and Answers to them as are fit to be perfected upon the Treaty as also the Lords Commissioners Answers to them Prop. 1. I. THe Exemplification of the Treaty and of the Act for Securing the Remainder of the Brotherly Assistance to be writ in Secretary Answer To this it was Answered That it is already Ordered as is desired Prop. 2. II. That a Commission may be granted from the Parliament for Examination of Witnesses in the Process of Incendiaries conform to the Paper given to the Earl of Bristol Answer The Second is referred to the Lord Mandevil's Care Prop. 3. III. A Licence to the Army to March through Berwick because the Waters are out that they cannot march over the River of Tweed and so cannot appoint a certain day for the passing over Answer This is to be propounded to the Houses of Parliament Prop. 4. IV. To get an Order for delivery of 42000 l. part of the 80000 l. and that the remainder of the 80000 l. detained for payment of what is due to the Northern Counties may be secured by Order of the Parliament so as it may Release the Scots at the Counties hands if so much shall be found justly owing unto them by those who are entrusted on both sides with the Accounts and if there be not found so much justly owing to the Counties that the overplus be paid to the Scots and that they may have Acquittances from the Counties Ans wer This is or shall be presently performed by the Earl of Warwick Prop. 5. V. That the time for the removing the Scottish Army is to begin after the Receipt of the Arrears and Payment of the 80000 l. in manner aforesaid and that it is conceived the same will be paid unto them before the 15 day of August and that they have 5. dayes thereafter to draw the Army together in one Body at a Rendevouz and making themselves ready with all their Necessaries to march and there is thereafter five dayes allowed them to march to Scotland which will be the 26th of August Instant during which space the Maintenance of the Army of 850 l. per diem for Relief of the Northern Counties is to be allowed and paid before the Army March Answer The dayes in particular are to be set down by the Parliament Prop. 6. VI. To condescend that the Commission for Conservation of the Peace and the Commission for the Treaty concerning Trade and Intercourse betwixt the Two Kingdoms do go on all the remanent Articles to be referred to that Treaty Answer Order shall be given accordingly and that the Lord Mandeville will take care Prop. 7. VII To think upon the Warrant and manner of recalling the Declarations and Proclamations made against His Majesties Subjects of Scotland and the manner and time of the public Thanksgiving for the happy Peace and Union of the Kingdoms Answer It shall be moved to the Parliament that Order may be taken accordingly but the Scots to be over the Tweed first Prop. 8. VIII That Order be given to the Northern-Counties for carrying their Artillery Ammunition and Baggage to the River of Tweed Answer It may be recommended to the Gentlemen of those Counties to Write their Letters for the performance of what is desired After which the House of Lords agreed to all these Propositions and Answers Then a Letter from the Speaker of the House of Lords to the Lord General was read as follows May it please your Excellency YOur Excellency hath lately received Order from the House of Lords Assembled in Parliament for the speedy Disbanding of the Horse of His Majesties Army which they hope is in good forwardness The Letter from the Lords to the Lord General Aug. 11. 1641. His Majesty hath now given His Royal Assent to the Acts for the conclusion of the Treaty and the securing the remaining part of the Brotherly Assistance and all the Arrears due to the Scottish Army are upon the way to New-Castle I am therefore commanded by the House of Lords to convey to your Excellency their earnest desires that you will with all possible speed Disband all the Regiments of Foot and the Train of Artillery of His Majesties Army His Majesty hath been pleased Graciously to declare his Royal Assent therein and your Excellency will herewith receive Order for the doing thereof I shall only add that the Scots Commissioners are engaged to the Parliament that immediately upon the Receipt of those Arrears their Army shall march away to Scotland for which their General hath received a Command from the Parliament of Scotland This House being very confident of your Lordships care in the present business do promise to themselves a speedy and a happy conclusion thereof for which your Excellency may justly expect their Hearty thanks and that it will be an acceptible Service to His Majesty as may appear by His Majesties Message to this House a Coppy whereof you will receive herewith which as by the Command of this House is sent by 11 Aug. 1641. Your Excellency's humble Servant c. Serjeant Whitfield and Sir Edward Leech being sent this day by the Lords to desire a Conference by a Committee of both Houses touching the Final Conclusion with the Scots Thursday August 12. the Earl of Bristol reported the Heads of the Conference which he was Ordered to deliver to the House of Commons 1. To let the House of Commons know Heads of a Conference for a Final Conclusion with the Scots That the 7th of September next is thought to be a fit day for Publick Thanksgiving for both Kingdoms for the Conclusion of the Pacification 2. To know from the House of Commons What dayes are to be allowed for the Marching away of the Scots that the day of their passing over Tweed may be certain they being to be paid until the 25th of August 3. To let the House of Commons know That the Exemplifications of the Acts concerning the Treaty and Publique Faith are both passed under the Great Seal and delivered 4. To desire them to joyn with this House That the Scots may be moved for the delivering of the Arms and Cannons at Newcastle to his Majesties Officers 5. To let them know That the Scots desire that there may be a Warrant granted for the Transporting of 30000 l. in Money by Sea 6. To know of them what Course is to be taken for the perfecting the Treaty in Scotland 7. To let them know That the Scots desire to pass with their Army by Berwick Bridge and in such sort as shall be for the Safety of that Town as shall be agreed upon by their General and the Governor of Berwick 8.
Mr. D'avenant was before Col. Goring went to Portsmouth Whensoever Sir John Suckling spake with him concerning any particular Intimations to the Army though Mr. D'avenant was then present he whispered yet he spake some Generals openly That the French would assist That the Clergy would maintain 1000 Horse That part of the Commons House was much distasted with the Letter that came from the Army The only Proposition was to know their Inclinations for their accepting Col. Goring for their Lieutenant General Mr. Wilmot Mr. Ashburnham and Mr. Pollard told him That the House of Commons had real Intentions towards the Army and that they should have Martial Law if it would stand with the Conveniency of the Common-wealth and this they spake with much Earnestness Sergeant Major Willis told him upon the Way That the Clergy would furnish a Thousand Horse Saturday August 14. A Letter was Ordered to be sent to the Lord General about the Affairs of the Army which was as followeth May it Please your Excellency Letter to L. General from the Lords about the Scots marching by Barwick THe Treaty of Pacification between the Two Kingdoms of England and Scotland being come to a Happy and Peaceable Conclusion and a Day prefixed for the Scottish Army to March over the Tweed for the more Expedition thereof the Scottish Commissioners have made their Request to the Parliament that they might be permitted to pass with their Army Munition and Artillery over Barwick Bridge To which desire both Houses of Parliament have consented to be in such sort as shall be agreed and settled there by the General and Governor of Barwick Wherefore the Lords have commanded me to recommend the Manner and Way thereof to your Excellency's Care and Judgment not doubting but your Excellency will give such Directions to the Governor of Barwick both for the number of Soldiers that shall March in a Company together as also how to preserve his Majesties Ordinance and Munitions there and secure the safety of the said Town And so I humbly remain Your Excellency's Servant to Command John Banks Speaker of the Lords House A Complaint having Yesterday been made by the House of Commons that the Capuchin Friers in Denmark House Capuchin Friers at Denmark House to keep in were very active in Preverting the Kings Subjects from the True Religion the Earl of Dorset was Ordered to attend the Queen and move her Majesty from this House in it and humbly to desire her Majesty That the said Friers may be kept in and not suffered to go abroad to pervert the People and draw them to be reconciled to the Church of Rome And further That the Earl of Dorset do send for the Chief of the Capauhins and give him warning that he obey this Command Upon reading the Petitions of the Lord Major of London Order about L. Major and Citizens for a Reference and the six Persons chosen by the Commonalty of the said City It is Ordered That both sides shall give Copies to each other of their Petitions and attend the Lords Committees appointed to compose the Differences between them on Munday next in the Afternoon at Two of the Clock in the Painted Chamber A Message was brought from the House of Commons by Mr. Message that a convenient number of Lords may stay in Town Hotham to desire That a convenient number of Lords may be kept together in this House until the Armies be disbanded and the necessary Defence of the Kingdom settled The Answer hereunto was That their Lordships will take Care as is desired WHereas this House hath been Informed That Thomas Bushell Esq Undertaker of His Majesties Mines Royal in the County of Cardigan by his great Charge and Industry in cutting Additts hath gained His Majesties old drowned and forsaken Works of Talabant The Order of the House of Lords about Mines Royal in Wales Aug. 14. 1641. and other Works and made new Discoveries of Royal Mines there which are already very Considerable And whereas divers Persons of Quality encouraged by His Majesties Letters to them directed do intend to adventure great Summs of Money in the said Work which in time if well incouraged may prove of great consequence both for Honor and Profit to His Majesty and this Kingdom And whereas also it appeareth unto this House by divers Affidavits and Certificates of Credit that some Persons ill affected to these Honourable and Publick Services who in time may receive deserved Punishment have disturbed the possession of the said Thomas Bushell in some of His Majesties Mines Royal and Edifices appertaining to the Royal Work and have plucked up divers Pumps cast in the Rubbish and drowned and so much as in them did lie destroyed the said Works so as it hath been a labour of 4 Years Night and Day to recover the same and that the said Thomas Bushell hath been disturbed in the getting of Turf and Peate for the Service of His Majesties Works being an invention of his own very commendable and commodious for the preserving of Wood which hath been heretofore by the former Undertakers much wasted in those Parts Now for the Remedy of such mischiefs and that the said Thomas Bushell and his Assigns and such Persons as are or shall be Undertakers and Adventurers with him in the said Service may receive a due encouragement and assistance in these chargeable Undertakings It is Ordered by the Lords in the upper House of Parliament now Assembled That the Speaker of this House in the Name and by the Authority of the same shall direct his Letters unto the Judges of Assizes and Justices of the Peace of the said County of Cardigan requiring them that they do in all Lawful things endeavour to advance and encourage the said Service in His Majesties Royal Mines and assist the said Thomas Bushell and other Undertakers in all things so far as Lawfully they may for the continuance of his Lawful Possession and the quiet and peaceable Working of the said Mines until he shall be ejected by due Course of Law as also for getting and working of Turf or Peate according to his Legal Right upon His Majesties Wasts and other places Lawful and all other Lawful accommodations of necessary passages and other Legal things which may any ways advance His Majesties Service in the said Royal Mines Commissioners to attend the King in Scotland It was this day Ordered by the Commons That two Members only of this House shall go Commissioners into Scotland with the Earl of Bedford and Mr. Hambden and Sir Philip Stapleton to be the Persons A Committee was also appointed to draw Instructions for them Petition against the Minister of St. Ann's Aldersgate A Petition was read against the Minister of St. Anns Church near Aldersgate for speaking Words against the Parliament for so they called the House of Commons saying It would not last alwayes but they would hereafter be questioned for some things they have done
be taken of the proceedings of the several Sheriffs as also the Treasurer of His Majesties Army and of the Treasurer appointed by the Act and of their obedience and conformity to this Order and if any shall fail therein it shall be Interpreted as a great neglect of the safety of the Kingdom and contempt of both Houses of Parliament for which they shall be called to answer and make satisfaction as well for their offence as for such damage as the Common-wealth hath undergone by their default There came Letters also this day That the Scotch Army Wednesday August 25. were marched away and that his Majesty had prevailed with the Parliament of Scotland that their Ordnance and Ammunition should be left at Newcastle to be conveyed to London or some other Magazine There was this day a Debate in the Commons House about Disbanding the Officers of the Army who are about the Town and after that concerning the Pay due to Commissary Wilmot Coll. Ashburnham Mr. Percy c. Upon which it was Resolved That their Pay should for the present be stopped Whereupon Mr. Selden stood up and spoke in mitigation of their faults Conceiving them as he said not only acquitted but pardoned by the Act of Pacification which was an Act of Pardon But to this it was answered That that Act concerned only the Differences between the Two Kingdoms and not the Offences of particular persons for that if it did the Archbishop of Canterbury and other Delinquents could not be proceeded against This day the Lord Mayor of London having Petitioned the House of Lords and attending there he was called in Lord Major of London Petitions the Lords and the Recorder desired to be heard in the behalf of the Lord Mayor and Aldermen touching the Order made lately by this House concerning the Election of one of the Sheriffs of London which he said concerned very much the Government of that City and likewise to acquaint their Lordships with some of the things which will ensue as inconveniencies to the City thereupon Upon this the Major and Recorder and others were commanded to withdraw and this House taking the same into Consideration Resolved to hear them in any thing which concerns the good Government of the City or any grievances which are likely to grow upon the City by other Occasions but not to hear them to speak any thing to arraign the Orders of this House The Petition of the Mayor c. was read among other Complaints sets forth That they doubt the Commons of the said City will throw off the Government of the Common-Council which tends much to the Peace and Wellfare of the City Then the Lord Mayor Aldermen and Recorder were called in again and the Lord Keeper told them That their Petition hath been read and that their Lordships conceive their Order to be very just and no ways prejudicial to either side it being with a saving of both Rights therefore will hear nothing to arraign it As for the Government of the City the Lords are very careful of it and Command the Lord Mayor c. to be so likewise And for the Common-Council their Lordships do let them know That they are resolved to maintain it as tending much to the well and quiet Government of the City and when the particular matters of Difference between them and the Commons shall appear this House will do what they can to settle the differences between them Thus did every thing run swiftly down the Torrent against not only the Monarchy but even the Image of it the Popular humor and inclination to Popular Government being grown Predominant and the Epidemical Disease both in the Church and State THe Lord Bishop of Lincoln Reported the Conference about the state of the Navy The Conference about the State of the Navy Aug. 26. 1641. That the House of Commons have taken into their Consideration the Present State of the King's Navy and they find that many Ships are laid by and twelve no Vse is to be made of them also they find that the Arrears of the Officers of the Navy are very great and the Provisions of the Magazines decayed That for the Guarding of the Narrow Seas this Year the House of Commons set forth Ten of the King's Navy and Ten Merchants Ships the Charge whereof will amount to 59000 l towards the Payment whereof there is only advanced 12000 l. out of the Money granted to the King for Tonnage and Poundage And considering that the Sea-men when they come home will Expect their pay and are to remain in their Pay until they receive their Wages which will grow to an Excessive Charge unless some Course be taken for providing of the said 57000 l. For defraying of which Sum and for discharging of other Charges of the Navy the House of Commons are of Opinion and desire this House to joyn with them in it That the Commissioners of the Treasury do issue out Warrants to the Farmers of the Custom-House to pay 15000 l. a Month to the Treasurers of his Majesties Navy out of the Money received for Tonnage and Poundage towards the raising the aforesaid Sums the time to begin from the First day of August 1641 to the First day of December next and that some Member of this House be joyned with Two of the House of Commons to see this done in the time of the Recess And further the House of Commons desires that the Lord General may receive Directions to give Order to the Governor of Barwick to ship the Ordnance and Ammunition there in such Ships as shall be appointed to bring them to the Tower of London and the like Warrant to be given to the Governor of Carlisle to bring the Ordnance and Ammunition from Carlisle to Newcastle to be Shipped for the Tower which Ships are to be Wafted by one of his Majesties Ships Hereupon it was Ordered That this House doth joyn with the House of Commons herein A Letter was also this day Read which was drawn up by the Select Committees of both Houses to be sent to the Lord General in these Terms May it please your Excellency I Presented your Letters of the 23d of August to the House of Peers The Letter to the Lord General about the 9 Counties paying Poll-Money at York to finish the Disbanding by which they understand what progress your Excellency hath made in Disbanding the Army wherein your diligence hath prevented the time propounded in your former Letter and I am commanded to declare that in their apprehension your Excellency hath hereby fully and clearly expresed your care of the Publick Good and Safety of the Kingdom and your respect to the House which works in them much contentments and yields a great return of Honor to your self as nothing can be dearer to the Parliament than the Publick Good so your Excellency can in no way more advance your self in their Estmmiation then by joyning with them in that affection The Reason
with any Forreign Prince or State their Ambassadors Agents or other Ministers of any Forreign Prince or State concerning raising or transporting any Forces either Horse or Foot to be imployed in the Service of any such Prince or State And it is further Ordered That it shall not be lawful for any Owner or Master of any Ships in either of the said Kingdoms to Contract or Agree for the transporting of any Forces Horse or Foot out of these Kingdoms for the Service of any Forreign Prince or State and that no such Forces shall be Raised Transported or Imployed by any Person whatsoever in the Service of any Forreign Prince or State without the Special License of His Majesty with the Consent and Advice of the Lords and Commons in Parliament It is further Ordered That none of the Ships of any of his Majesties Subjects of England or Ireland which have or shall be imployed in the Service of any Forreign Prince shall be used or imployed against any Forces which shall be any where commanded by his Majesties Commission by Sea or Land but such of his Majesties Subjects as are in any such Service shall forthwith withdraw themselves from the same and refuse to bear Arms in such Case It is likewise further Ordered That whosoever shall Contemn or disobey this Ordinance shall be taken to be a high Contemner of the Authority of the Houses of Parliament and shall be liable to such further Censure as shall stand with their Honor and Justice in that behalf This Order to continue and be in Force unto the first Day of November next and to be forthwith Printed and Published After which Mr. Pym Reports the Declaration of the Commons in Parliament made September 9. which was as followeth A Declaration of the Commons in Parliament made September the Ninth 1641. THe Knights Citizens and Burgesses of the Commons House A Declaration of the Commons without the consent of the Lords for Reformation of several Matters in the Church Sep. 9. 1641. having received many great Complaints from the several Parts of this Kingdom of heavy Grievances upon divers of his Majesties Subjects by the excessive pressing of some Matters concerning Religion which are in their own Nature indifferent by Pretext or Colour of the Laws now in force and by the unlawful enforcing other things without any Colour of Law and considering that a full Reformation cannot be made in this streight of time did for the Comfort and Ease of the People frame an Order in manner following Die Mercurii 8. Septemb. 1641. WHereas divers Innovations in or about the Worship of God have been lately practised in this Kingdom by enjoyning some things and prohibiting others without Warrant of Law to the great Grievance and Discontent of his Majesties Subjects For the suppression of such Innovations and for the preservation of the Publick Peace It is this day Ordered by the Commons in Parliament Assembled That the Church-Wardens of every Parish-Church and Chappel respectively do forthwith remove the Communion Table from the East end of the Church Chappel or Chancel into some other convenient Place and that they take away the Rails and level the Chancels as heretofore they were before the late Innovations That all Crucifixes scandalous Pictures of any one or more Persons of the Trinity and all Images of the Virgin Mary shall be taken away and abolisht and that all Tapers Candlesticks and Basins be removed from the Communion Table That all Corporal bowing at the Name JESUS or towards the East End of the Church Chappel or Chancel or towards the Communion Table be henceforth forborn That the Orders aforesaid be observed in all the several Cathedral Churches of this Kingdom and all Collegiate Churches or Chappels in the two Universities or any other part of the Kingdom and in the Temple Church and the Chappels of the other Innes of Court by the Deans of the said Cathedral Churches by the Vice-Chancellor of the said Universities and by the Heads and Governors of the several Colledges and Halls aforesaid and by the Benchers and Readers in the said Innes of Court respectively That the Lords Day shall be duly observed and Sanctified All Dancing or other Sports either before or after Divine Service be forborn and restrained and that the Preaching of God's Word be permitted in the Afternoon in the several Churches and Chappels of this Kingdom and that the Ministers and Preachers be encouraged thereunto That the Vice-Chancellors of the Universities Heads or Governors of Colledges all Parsons Vicars Church-Wardens do make Certificates of the performance of these Orders and if the same shall not be observed in any of the Places aforementioned upon complaint thereof made to the two next Justices of Peace Mayor or Head Officers of Cities or Towns corporate It is Ordered that the said Justices Mayor or other Head-Officer respectively shall examine the truth of all such Complaints and certifie by whose Default the same are committed All which Certificates are to be delivered in Parliament before the thirtieth of October next ANd did upon the eighth of September in a Conference with the Lords desire their Lordships to Consent unto it and to joyn with them in the Publishing thereof whereunto they never received Answer but contrary to their Expectation upon this present ninth of September being the Day intended for the Recess of both Houses they received in a Conference from their Lordships an Order dated January the sixteenth 1640. In these Words Die Sabbati 16. Januarii 1640. IT is this day Ordered by the Lords Spiritual and Temporal in the High Court of Parliament Assembled That the Divine Service be performed as it is appointed by the Acts of Parliament of this Realm And that all such as shall disturb that wholsome Order shall be severely Punished according to the Law And the Parsons Vicars and Curates in the several Parishes shall forbear to introduce any Rites or Ceremonies that may give Offence otherwise then those that are established by the Laws of the Land And one other of this present ninth of September In these Words Resolved upon the Question this ninth of September 1641. That the obovesaid Order shall be Printed and Published DEsiring that the Commons would joyn with them in publishing thereof which being presented to the House of Commons it was thought unseasonable at this time to urge the severe Execution of the said Laws Whereupon it was voted that they do not consent to those Orders or either of them And they have thought fit to make this Declaration that it may be understood that the last Order of the Lords was made with the Consent only of Eleven Lords and that nine other Lords then present did dissent from it so that it may be still hoped when both Houses shall meet again that the good Propositions and Preparations in the House of Commons for preventing the like Grievances and reforming the Disorders and Abuses in Matters of Religion may be brought to perfection Wherefore
and procure Her Majesty that by her consent and direction it may be published and declared That Her Majesty doth Abhor and Detest the Perfidious and Traiterous proceedings of the Rebels in Ireland The Fifth Paper was a Certificate from the Council of Ireland A Certificate from the Lords Justices of Ireland for contribution to the poor Protestants shewing That forasmuch as the City of Dublin is not able to entertain and nourish such Multitudes of distressed poor People who are stripped of all they have by the Rebels they thought fit to take up the Men to imploy them in His Majesty's Service in the Wars there and to cause the Women and Children to be Transported by Ship into England and do recommend them to the Charity of all good Christians desiring them that they will take some Commiseration of their Distress and great Necessity and extend some Relief towards them by making Contributions which Contributions they desire may be reserved and such a Course taken as that it may be sure to be imployed only to the Relief of the poor distressed People Dublin Nov. 15. 1641. William Parsons Jo. Borlase R. Bolton Canc. Ormond Ossory Jo. Temple The Sixth Paper was Motion for a Fast for Ireland That the House of Commons out of a deep sense of the Calamity of our Country-men and Brethren of Ireland and considering how all Success and Prosperity depends upon the Blessing and Favour of God do desire their Lordships to joyn with them in Petitioning his Majesty That there may be a publick Fast throughout the Kingdom and that His Majesty will be pleased to appoint a near day for the same to be kept by both Houses of Parliament and the City of London and the adjacent Parts and one other Day for other remote Parts of the Kingdom and because they have received a Certificate from the Lords Justices and others of His Majesties Council in Ireland concerning the miserable Want and Distress of the poor English being divers Thousands of all Qualities and Sexes That the House of Commons for the Relief of the Persons aforesaid have appointed a Collection in their own House to be made on Thursday next and they desire their Lordships to Order the like for their House that by the Example of Parliament the like Collection may be made in all the Parts of the Kingdom upon the Day of the Fast and the Money gathered to be disposed in such manner by such Commissioners as shall be appointed by both Houses for the Succour and Relief of these poor distressed People of Ireland The King came this day to the House of Lords and being sate in the Chair of State he commanded the House of Commons to be sent for who being come with their Speaker the King made this Speech to both Houses of Parliament as followeth My Lords and Gentlemen THe last time I was in this place The King's Speech to the two Houses concerning Ireland c. Dec. 14. 1641. and the last thing that I recommended unto you was the business of Ireland whereby I was in good hope that I should not have needed again to have put you in mind of that business But still seeing the slow proceedings therein and the daily dispatches that I have out of Ireland of the Lamentable Estate of My Protestant Subjects there I cannot but again earnestly commend the Dispatch of that Expedition unto you for it is the chief business that at this time I take to heart and there cannot almost be any business that I can have more care of I might now take up some of your time in expressing My detestation of Rebellions in general and of this in particular But knowing that Deeds and not Declarations must suppress this great Insolency I do here in a word offer you whatsoever My Power Pains or Industry can contribute to this good and necessary Work of reducing the Irish Nation to their true and wonted Obedience And that nothing may be omitted on My part I must here take notice of the Bill for Pressing of Soldiers now depending among you My Lords Concerning which I here Declare that in case it come so to Me as it may not infringe or diminish My Prerogative I will pass it And further seeing there is a dispute raised I being little beholding to him whosoever at this time began it concerning the bounds of this Ancient and Vndoubted Prerogative to avoid further debate at this time I offer that the Bill may pass with a Salvo Jure both for King and People leaving such debates to a time that may better bear them If this be not accepted the fault is not Mine that this Bill pass not but theirs that refuse so fair an offer To conclude I conjure you by all that is or can be dear to you or Me that laying away all disputes you go on cheerfully and speedily for the reducing of Ireland His Majesty having ended his Speech departed and the Commons went to their House The Lords conceived that the Fundamental Privileges of Parliament have been broken by the King 's taking Notice in his Speech this Day of the Debate in this House Exceptions taken at the King's Speech of the Bill for Pressing of Soldiers Nor were the Commons less moved then the Lords for as nothing was more welcom to the Faction then any matter with which they might charge the King as intrenching upon their Priviledges so they greedily laid hold upon this occasion and after they had Voted it a breach of Priviledge for the King to take notice of a Bill that is passing before it be presented to His Majesty by the Consent of Lords and Commons as likewise to prescribe Savings and Limitations to any Bills before they be presented a Message was sent up to the Lords by Mr. Hollis to desire a Conference by a Committee of both Houses so soon as may stand with their Lordships conveniency touching a thing most precious to their Lordships and the Commons the Priviledge of Parliament To which the Lords assented and the Conference being ended the Lord Keeper Reported the Effect of it in these words That the Priviledges of Parliament have ever been placed in a high Estimation with both Houses Lord Keeper reports the Conference concerning Breach of Privilege by the King in his Speech and have been enjoyed with great Affection not only as an Ornament but as a Right to have free Debate in matters of Parliament The House of Commons say That the occasion of this Conference grows from somewhat that fell from the King this Day in his Speech in full Parliament they say his Presence is an Occasion of Joy and would be so if it were not for mis-representations of things Acted and Debated in Parliament which is against the Indemnity of the Lords and Commons as 9 H. 4. His Majesty took notice of a Bill for the Pressing of Soldiers being in Agitation in the Houses and not agreed upon and did offer a Salvo Jure
or Provisional Clause to be added to the said Bill by way of Limitation or Restriction and did also at the same time express his displeasure against some Person or Persons which had moved some Doubt or Question concerning the bound of Prerogative which the House of Commons declare to be a breach of the Fundamental Priviledges of Parliament The House of Commons do therefore desire their Lordships would joyn with them in an humble Petition to his Majesty to take notice that the Priviledge of Parliament is broken herein and to desire him that it may not be done so any more hereafter After this matter had been debated by the Lords it was Ordered That their House will joyn with the House of Commons in a Petition to His Majesty herein And the Lord Arch-Bishop of York Earl of Pembroke Earl of Bristol Earl of Holland Viscount Say and Seal Episcopus Durham Episcopus Winton Episcopus Roffen were appointed a Select Committee to meet with a proportionable number of the House of Commons to consider of the Breach of Priviledge of Parliament and and to prepare some things incident hereunto and present the same to the House This Committee to meet with the Commons on Wednesday the 15th of this Instant December at Nine of the Clock in the Morning in the Painted-Chamber The Committee appointed by the Commons to meet with the Lords were Mr. Pym Serjeant Wild Mr. Glyn Mr. Martin Mr. Strode Sir Hugh Cholmley Mr. Hollis Mr. Hampden Mr. Sam. Brown Sir Thomas Barrington Sir Edward Rodney Sir Thomas Bowyer Sir William Armyn Sir Francis Barnham Sir Walter Earl Sir Edward Aiscough Sir Philip Stapleton Sir Anthony Irby Sir William Lewes Mr. Strangeways Sir Robert Cooke Sir Edward Montforte Sir William Litton and Sir Henry Ludlow The Lord Keeper also Reported the Effect of two other Conferences had this day with the Commons The first Conference consisted of two particulars First Whereas a Proposition was made by the French Ambassador to the King for saving Seven Romish Priests which were Convicted and the House of Commons presented their Opinions to this House that five of those seven Priests may be Executed according to the Laws Now the House of Commons desire their Lordships to joyn with them in an humble Petition to His Majesty that the Execution of the Laws may be done upon all the seven Priests and that both Houses would become Suitors to the King to take off the Reprieve Next a Letter was read sent from one Parthington in Ireland written to Sir John Clotworthy Knight shewing the great and barbarous Cruelties acted upon the Protestants in Ireland by the Rebels as hanging of them and pulling their Flesh from their Bones cutting off their Heads Hands and Feet ripping up of Women great with Child and killing of Children with divers other inhumane Acts. The second Conference was touching the Declaratory part of the Bill for Pressing of Soldiers That the House of Commons consents now to the Words or Compelled that they should be inserted into the Preamble of the said Bill upon condition that these Words may be added except it be in Case of Necessity of the sudden coming of an Enemy into the Kingdom And lastly That the House of Commons doth not intend to give any Reasons for the fortifying of the Declaratory Cause in the Preamble of the Bill for pressing of Soldiers it being a thing unusual for them so to do It seems the House of Lords was in great disorder about the King's Speech Lord Pierpoint to the Black Rod for some Words offensive to the Lords for the Lord Pierpoint in his Speech having said That it was not Honourable for this House to be in such Noise and Tumult the House conceived these words to be a great Offence to so Great and High a Court as this is and being charged with the Words he was Commanded by the House to withdraw but before he withdrew he desired to explain himself which he was permitted to do and he professed he did not speak the Words to give any Offence to the House His Lordship being withdrawn the House took the Offence done into Consideration and Ordered That the Lord Pierpoint shall be committed to the Custody of the Gentleman-Vsher attending the House for the present After which the House took into consideration the Proposition of the Commons concerning the seven Priests and it was upon the Question after much Debate Resolved by the major part to joyn with the Commons in an humble Petition to his Majesty That Execution of the Laws may be done upon all the 7 Priests that are Condemned and that he will be pleased to take off his Reprieve Memorandum The Lords the Bishops withdrew themselves before the voting of this Question it being in Agitatione causae sanguinis The Lord Steward and the Lord Chamberlain were Ordered to attend the King from both Houses concerning the 7 Priests to be Executed as aforesaid and that his Majesty will take off his Reprieve Most part of this day was spent by the Commons about the Debates of the King's Speech the Result of which the Reader hath already in the Conferences with the Lords but still the Faction could spare little time to remember their Petitioning Friends of Black-Heath who had run their Heads into the Noose of the Law and a Commission was gone out against them for an Inquisition upon which Occasion as before they had warned the Under-Sheriff of Surrey so this day produced an Order of the Commons to the Justices of the Peace of Surrey not to proceed in any Inquisition concerning any Persons that met to subscribe a Petition to be preferred to this House till they should recive further Orders therein from the House This day the Lord Arch-Bishop of York Wednesday Decemb. 15. reported from the select Committee of both Houses concerning the Privileges of Parliament three Particulars which the Committees think fit to be voted in both Houses as a Breach of the Privileges of Parliament And also that a Declaratory Protestation be entred into by both Houses for the claim of those Liberties and this to be drawn up by the Committees Likewise the Committees think fit that a Petitionary Remonstrance be presented to His Majesty from both Houses declaring the Right of Parliament to those Privileges and the Particulars wherein they have been broken with an humble Desire that the like may not be done hereafter and that his Majesty will be pleased to discover the Parties by whose Misinformation and evil Council his Majesty was induced to this Breach of Privilege that so they may receive condign Punishment for the same and that his Majesty be further desired to take no notice of of any Mans particular Speeches or Carriage concerning any Matter Debated and Treated in Parliament a Form whereof is to be drawn and presented to the Committee to Morrow Morning at Nine of the Clock And that the Committees have appointed the Lord Arch-Bishop of York the Lord Roberts Sir
the said 500 Men and keeping them there till their first Muster Resolved c. That 432 l. 13 s. 4 d. being for a Months Pay shall be paid to the Officers of a Regiment of 1000 Men in Nine Companies for Munster Resolved c. That 1000 l. shall be imprested for the Levying Conducting and Transporting into Ireland 500 of those Men which are to be raised here in England for the said Province of Munster and for the keeping them together till the first Muster Resolved c. That 543 l. 4 s. shall be paid to the Officers of the Troops of the 300 Carabins being for a Months Pay Resolved c. That the Sum of 4128 l. shall be paid for the Levying of the 300 Carabins and for the 44 Horses for the Officers of the 4 Troops reckoning to every Troop eleven Horses which makes in all 344 Horses at 12 l. a Horse and for the Conducting the said Horses to Chester and keeping them there till they are Muster'd and that so soon as they are Muster'd they shall enter into Pay and that a Commissary do go along with them to Muster them so soon as they come there and likewise that a Commissary continue there and Muster them when they go into the Ship The Saddles to be furnished out of his Majesties Stores Resolved c. That 179 l. 4 s. being for one Months Pay shall be paid to the Officers of the 300 Dragoons in three Companies Resolved c. That 5 l. a Horse shall be allowed for the 300 Dragoons and for the 33 Horses for the Officers allowing to every Company 11 Horses for the buying of them and bringing them upon the Place of Muster and then to enter into Pay Resolved c. That 200 l. more shall be forthwith imprested upon account to the Officers of the Ordnance for the carrying down the Arms to Chester out of the 50000 l. lent by the City of London for the Affairs of Ireland Resolved c. That 186 l. 13 s. 4 d. being one Months Pay shall be paid to the Officers which are to Command the five hundred Men in the Province of Connaght being Officers of five single Companies Resolved c. That a Months Pay for Sir Simon Harcourt 's Regiment of 1100 Men viz. For the Officers 470 l. and for the 1100 Men 1026 l. shall be likewise paid Ordered That Owen O Connelly be from this House recommended to the L. Lieutenant of Ireland to have the Command of one of the Companies of Dragooners The House of Commons having by Vote assented to the time of the Fast Mr. Calamy and Mr. Marshal are desired to preach on that Day at St. Saturday Decemb. 18. Margarets Westminster before the House of Commons and Sir Robert Harlow undertook to give Mr. Calamy notice and Sir Thomas Barrington to Mr. Marshal The Lord Steward acquainted the House That the King assented to the Desires of both Houses concerning the Fast and the Dayes they have agreed upon The E. of Bristol Reported a Paper containing the Sense of the House yesterday concerning the first Proposition of the Scots Commissioners which was read in haec verba That the House of Peers will assent to the sending 10000 Scots but under this Condition that it be presently voted in both Houses and assented unto by his Majesty that 10000 English be likewise sent with all the possible speed as may be and that all such Monies as shall be raised and assigned for this expedition be equally divided and that proportion as belongeth to the English be not meddled withal upon any Occasion but be wholly imployed for the raising and sending away 10000 English and this is likewise to be understood besides the 2000 English Horse which have been in Proposition to be desired A Message was then brought up from the House of Commons by Arthur Goodwin Esquire Mr. Daniel O Neal impeached of High Treason and committed to the Gate-House to let their Lordships know That he was Commanded by the Knights Citizens and Burgesses for the Commons now Assembled in Parliament to accuse and in the Name of the House of Commons and of all the Commons of England did accuse Daniel O Neal of High Treason and further he was to desire That their Lordships would send for the said Daniel O Neal and commit him to safe Custody and in convenient time the House of Commons will bring up the particular Charge against him Whereupon a Warrant was sent to bring Daniel O Neal before the Lords which being done and he being brought to the Bar as a Delinquent the Lord Keeper by the Command of the House told him That he is accused by the House of Commons in the Name of the House of Commons and of all the Commons of England of High Treason and that this House doth commit him to the Prison of the Gatehouse in Westminster there to remain until the Pleasure of this House be further known After this the House fell upon the Bill for pressing of Soldiers and it was moved That before it be debated by this House Mr. Attorney General may be heard what he can say for the King therein if he desires it Hereupon Mr. Attorney General desired the House to give him leave to be heard for the King concerning the said Bill which the House gave way unto and then presently Mr. Attorney made a long Argument in the King's behalf which being done the House Ordered that the debate of the said Bill for pressing of Soldiers should be upon Munday next In the Commons House among other things the Consideration of the Navy came under Debate and it was Ordered That the Committee formerly appointed to consider of the Affairs of the Navy do draw an Order according to the Debate this Day about the disposing of the Monies for Tunnage and Poundage and likewise to consider what Way is fit for this House to take for the Continuance of Sir Henry Vane in the Place of Treasurer for the Navy Then the Humble Petition of the Officers of the late Army was read The Officers Petition for their Arrears and are answered smoothly and some of the Officers that presented it were called in and Mr. Speaker told them That it was the great necessities of this Kingdom that had unexpectedly fallen upon them which hath prevented the full Satisfaction which the House much desired to give them that within a very small time they hope they shall be able to do it This Day the King sends by the Lord Keeper a Message Monday Decemb. 20. to let the House of Lords know That he would send his Answer to the Petition this Afternoon so soon as the Committees of both Houses do attend him which was immediately by a Messenger communicated to the Commons Next a Petition was delivered into the House by the Lord Keeper by Command of the King from the County of Chester concerning Church Government and the Book of Common Prayer but it it was laid aside
and Submitted himself humbly to the Wisdom of the House The Bishop of Peterborough answered That he did set his hand to the Petition but he never had any such ill intent as is Expressed in the Charge but what is done is through Ignorance and he Submitted himself to their Lordships Pleasure The Bishop of Landaff being not now to be met with was ordered to be brought to Morrrw Then it was Ordered That the Bishop of Durham The Bishops Committed Durham and Coventry to the Black Rod the rest to the Tower and the Bishop of Coventry and Litchfield shall forthwith be Committed to the safe Custody of the Gentleman Vsher attending this House and the rest of the Bishops now accused of Treason shall be forthwith Committed to the Tower of London there to remain until the furthâ—â—â—â—sure of this House be known It was also Ordered That the said Bishops so accused shall put in their Answer into this House to Morrow Sennight The Earl of Holland reported That the Lords had acquainted the King with the desires of both Houses that his Majesty would be pleased to give Warrants to the Earl of Newport for sending Powder for the service of Ireland and his Majesty is willing thereunto and will give Warrants when he knows the particulars but his Majesty desires the Parliament will take care that Powder be made to Supply his Stores again The Bishop of Winton sitting this day in the Lords House it was Moved That the Petition and Protestation Exhibited this day being in the Name of all the Bishops that he might be put to Answer Whether he consents or disassents and disclaims the said Petition and Protestation before he be suffered to sit and Vote in this House Whereupon the said Bishop answered Bishop of Winton Disclaims the Protestation of the Bishops That he never knew of any such matter Hereupon the House gave him leave to read over the said Petition and give his Answer therein which was That he never read the Petition before and he doth now utterly disclaim it And with this Answer the House was satisfied In the House of Commons besides the matters before related 30000 l. Borrowed of Merchant Adventurers for Ireland Sir Hen. Mildmay Reports That this being the day that the Merchant Adventurers should have given in their Answers concerning the loan of Moneys that they have freely condescended to lend 30000 l. upon the Security of an Ordinance of Parliament till an Act of Parliament can pass Whereupon Sir Hen. Mildmay and Sir Thom. Barrington were appointed to prepare an Ordinance of Parliament for their Security and present it to the House It was Ordered That this 30000 l. now borrowed of the Merchant Adventurers shall be kept together Entire and not disposed of till the Scotch Propositions be agreed upon either for their Rejection or Entertainment Then the Propositions from the Scotch Commissioners were read and then particularly handled one by one and it was Resolved c. That this House is of Opinion The Scotch Propositions Voted that some Maritine Towns in the North of Ireland shall be put into the hands of the Scotch to be Places for their Retreat Magazines and Garrisons Resolved c. That this House is of Opinion that the Towns to be put into the hands of the Scotch as aforesaid be the Town and Castle of Carrick-Fergus and Colragne Ordered That the Commissioners appointed to treat with the Scotch Commissioners shall treat with them that those English Forces that shall be Employed in Ulster may repair to those Towns upon occasion Resolved c. That this House is of Opinion that those Towns shall remain in the Scotch hands until the War shall end or that they shall be discharged of that Service Then the Votes of the Lords before Ordered to be Communicated to the Commons were read and the Commons resolving to push forward the Bill against the Bishops upon this occasion took it very patiently at this time that they refused to joyn with them to Petition the King for a Guard only it was Resolved c. That Sir Robert Pye Mr. Glyn and Mr. Wheeler Justices of the Peace for the City of Westminster shall take care 〈…〉 Watches sufficiently Armed shall be set in such convenient Places 〈…〉 be necessary for the safeguard of the House It was also Ordered That Mr. Wheeler do take Care for the providing of 20. Halberts for the Service of this House This day the Bishop of Landaff was brought to the Bar in the same manner the rest of the Bishops had been before Friday Decemb. 31. and after he had heard his Accusation of High Treason he said That on Wednesday last one came to him with the Petition about Four of the Cleck in the Afternoon and he only read the beginning of it and found fault with the Word Whatsoever but he blamed his own Indiscretion that he did not read it all and there being eight hands Subscribed before him and such as were his Ancients who he thought had understood themselves better then to commit an Offence of so High a Nature he confessed he set his hand thereunto likewise but he said he would plead nothing but Ignorance and Indiscretion that he read not the Petition over and professed that he had no Intention to overthrow the Fundamental Laws of this Realm nor to commit any of the other Offences he is Accused of Therefore desired he might not feel the Weight of their Lordships Justice but Mercy and desired that he might be Bailed upon good Security The House taking this into Consideration Bishop of Landaff sent to the Tower Ordered That the Bishop of Landaff shall be forthwith committed to the Tower of London there to remain until the pleasure of this House be further known The House then took the Propositions of the Commons concerning the Province of Munster into Consideration which being read and debated were agreed to in every particular and the Duke of Richmond Lo. Chamberlain E. Bristol and E. of Newport were ordered presently to attend the King and move him from both Houses concerning the 1.3.7 and 1th Articles of the aforesaid Propositions The Commons thinking it now to be the most seasonable Opportunity to strike while the Iron was hot did one of the first things they did this Day A Message from the Commons to revive the Bill against Bishops Votes in the House of Lords Vote to send up a Message to the Lords to remind them of the Bill against the Bishops Votes and accordingly Mr. Peard brought up a Message from the Commons to let their Lordships know That whereas divers Months ago the House of Commons sent up a Bill for the taking away the Votes of the Bishops out of this House the House of Commons conceive That in regard of the many other businesses their Lordships have not yet taken it into Consideration They desire their Lordships to take the same into Consideration with Expedition because they
he might Arrest them of High Treason And whereas afterwards the next day His Majesty in His Royal Person came to the said House attended with a great multitude of men armed in warlike manner with Halberts Swords and Pistols who came to the very door of the House and placed themselves there and in other places and passages neer to the said House to the great terrour and disturbance of the members then sitting and according to their duty in a peaceable and orderly manner treating of the great affairs of England and Ireland And his Majesty having placed himself in the Speakers Chair demanded of them the Persons of the said members to be delivered unto him which is a high Breach of the Rights and Priviledges of Parliament and inconsistent with the Liberties and Freedome thereof And whereas afterwards His Majesty did issue forth several warrants to divers Officers under His own hand for the apprehension of the Persons of the said members which by Law he cannot do There being not all this time any Legal charge or accusation or due Process of Law issued against them nor any pretence of charge made known to that House All which are against the Fundamental Liberties of the Subject and the Rights of Parliament Whereupon we are necessitated according to our duty to declare And we doe hereby declare that if any person shall arrest Mr. Hollis Sir Arth. Haslerig Mr. Pym Mr. Hampden and Mr. Strode or any of them or any other Member of Parliament by pretence or colour of any Warrant issuing out from the King only is guilty of the Breach of the Liberties of the Subject and of the Priviledge of Parliament and a publick enemy to the Common-Wealth And that the arresting of the said Members or any of them or of any other Member of Parliament by any Warrant whatsoever without a Legal Proceeding against them and Without consent of that House whereof such Person is a Member is against the Liberty of the Subject and a Breach of Priviledge of Parliament And the Person which shall arrest any of these Persons or any other Member of the Parliament is declared a publick Enemy of the Common-Wealth Notwithstanding all which we think fit further to declare That we are so far from any endeavours to protect any of Our Members that shall be in due manner prosecuted according to the Laws of the Kingdom and the Rights and Priviledges of Parliament for Treason or any other Misdemeanours That none shall be more ready and willing then we our selves to bring them to a speedy and due tryal being sensible that it equally imports us as well to see justice done against them that are criminous as to defend the just Rights and Liberties of the Subjects Mr. Whitlokc's Reports from Grocers-Hall Jan. 8th 1641. and Parliament of England And whereas upon several examinations taken the seventh day of this instant January before the Committee appointed by the House of Commons to sit in London it did fully appear that many Souldiers Papist and others to the number of about 500. came with his Majesty on Tuesday last to the said House of Commons armed with Swords Pistols and other weapons and diverse of them pressed to the door of the said House thrust away the door-Keepers and placed themselves between the said door and the ordinary attendants of His Majesty holding up their Swords and some holding up their Pistols ready Cock'd near the said door and saying I am a good Marksman I can hit right I warrant you and they not suffering the said door according to the custom of Parliament to be shut but said they would have the door open and if any opposition were against them they made no question but they should make their party good and that they would maintain their party and when several members of the House of Commons were coming into the House their attendants desiring that room might be made for them some of the said Souldiers answered A Pox of God confound them and others said A Pox take the House of Commons let them come and be hang'd what a doe is here with the House of Commons and some of the said Souldiers did likewise violently assault and by force disarm some of the Attendants and servants of the Members of the House of Commons waiting in the Room next the said House and upon the Kings return out of the said House many of them by wicked oaths and otherwise expressed much discontent that some Members of the said House for whom they came were not there and others of them said when comes the word and no word being given at His Majesties coming out they cryed a lane a lane afterwards some of them being demanded what they thought the said company intended to have done answered That questionless in the posture they were set if the word had bin given they should have fallen upon the House of Commons and have cut all their throats Upon all which we are of opinion that it is sufficiently proved that the coming of the said Souldiers Papists and others with his Majesty to the House of Commons on Tuesday last being the fourth of this instant January in the manner aforesaid was to take away some of the Members of the said House and if they should have found opposition or denyal then to have fallen upon the said House in an hostile manner And we do hereby declare that the same was a Traiterous design against the King and Parliament And whereas the said Master Hollis Sir Arthur Hasterigg Mr. Pym Mr. Hampden Mr. Strode upon report of the coming of the said Souldiers Papists and others in the warlike and hostile manner aforesaid did with the approbation of the House absent themselves from the service of the House for avoiding the great and many inconveniencies which otherwise apparently might have hapned Since which time a printed paper in the form of a Proclamation bearing date the sixth day of this instant January hath issued out for the apprehending and imprisoning of them therein suggesting that through the Conscience of their own guilt they were absent and fled not willing to submit themselves to justice We do further declare That the said printed paper is false scandalous and illegal and that notwithstanding the said printed paper or any Warrant issued out or any other matter yet appearing against them or any of them they may and ought to attend the service of the said House of Commons and the several Committees now on foot And that it is lawful for all persons whatsoever to lodge harbour or converse with them or any of them And whosoever shall be questioned for the same shall be under the protection and priviledge of Parliament And We do further declare Mr. Glyn reports from Grocers-hall Jan. 10th 1641. That the publishing of several Articles purporting a form of a charge of high Treason against the Lord Kimbolton one of the Members of the Lords House and against the said Mr. Hollis
Faithful endeavours may be any way useful we shall be most ready at all occasions to contribute the same 15th of Jan. 1641. Ja. Primrose The very same Paper Verbatim was 〈◊〉 their request presented to the Lords by the Lord Lieutenant of Ireland After the reading of this Paper Sir Philip Stapleton Mr. Long and Mr. Arthur Goodwin were Ordered to return thanks from the House of Commons to the Scotch Commissioners for their good Affections Exprest to this State and Parliament and likewise to desire to know of them what it is that they have sent unto his Majesty by way of Advice To which Sir Philip Stapelton brought this answer That most of the Commissioners were gone from the place of Meeting not expecting any Message from this House besides they have not as yet sent the Paper to the King by reason they could not get Post-Horses and till such time as his Majesty hath first received the same they conceive it not so fit it should be made known But upon Monday morning they make no doubt to give this House full satisfaction I know no reason I have to make the Reader stay till Monday whose Expectation may be as willing to be gratified with a sight of this Paper as the House of Commons were and therefore I present him with it as followeth To the King 's most Excellent Majesty The Humble desires of the Commissioners of his Majesties Kingdom of SCOTLAND WE your Majesties humble and faithful Subjects The Petition and advice of the Commissioners of Scotland to the King by way of Mediation considering that the Mutual Relation betwixt your Majesties Kingdoms of Scotland and England is such as they must stand or fall together and the disturbance of the one must needs disquiet and distemper the Peace of the other as has been often acknowledged by them both and especially in the late Treaty which is ratified in Parliament and confirmed by the publick Faith of the Estates of your Majesties ancient and Native Kingdom of Scotland so that they are bound to maintain the Peace and Liberties of one another being highly concerned therein as the assured means of the safety and preservation of their own And finding our selves Warranted and obliged by all means to labour to keep a right Vnderstanding betwixt your Majesty and your People to confirm that Brotherly Affection betwixt the two Nations to advance their Vnity by all such ways as may tend to the Glory of God and Peace of the Church and State of both Kingdoms and aykways to proffer our service for removing all Jealousies and mistakes which may arise betwixt your Majesty and this Kingdom and our best endeavours for the better Establishment of the Affairs and quiet of the same that both your Majesties Kingdoms of Scotland and England may be Vnited in the enjoying of their Liberties in Peace under your Majesties Scepter which is the most assured Foundation of your Majesties Honour and Greatness and of the security of your Royal Person Crown and Dignity We have taken the Boldness to shew your Majesty that we are heartily sorry and grieved to behold these Distractions which increase daily betwixt your Majesty and your People and which we conceive are entertained by the wicked Plots and Practices of Papists Prelates and their Adherents whose aim in all these Troubles has not been only to prevent all further Reformation but also to subvert the Purity and Truth of Religion within all your Majesties Kingdoms for which end their constant Endeavours have been to stir up Divisions betwixt your Majesty and your People by their Questioning the Authority of Parliaments the lawful Liberties of the Subjects and real Weakning your Majesties Power and Authority nay all upon pretence of Extending the same whereof by Gods Providence being disappointed in your Majesties Kingdom of Scotland these have now converted thir Mischievous Councels Conspiracies and Attempts to produce these distempers in your Majesties Kingdoms of England and Ireland And therefore according to our Duty to your Majesty to testifie our Brotherly Affection to this Kingdom and acquit our selves of the trust Imposed in us We do make offer of our humble Endeavours for composing of these differences And to that purpose do beseech your Majesty in these Extremities to have Recourse to the sound and faithful advice of the Honourable Houses of Parliament and to repose thereupon as the only assured and happy means to Establish the Prosperity and quiet of this Kingdom And in the depth of your Royal Wisdom to consider and prevent these Apprehensions of Fear which may possess the Hearts of your Majesties Subjects in your other Kingdoms if they shall conceive the Authority of Parliament and the Rights and Liberties of the Subject to be here called in Question And we are confident that if your Majesty shall be graciously pleased to take in good part and give Eare to these our humble and faithful Desires that the success of your Majesties Affairs howsoever perplexed shall be happy to your Majesty and joyful to all your People over whom that your Majesty may long and prosperously Reign is the Fervent and Constant Prayer of us your Majesties Faithful Subjects and Servants It was likely to come to a hopeful issue for his Majesty and all his Loyal Friends when those who had by Rebellion wrested from him so great a share of his Sovereignity and Regal Authority undertook to be Umpires and Mediators in a difference to which they were Principal Parties and to compose those differences which the Faction following their Example were resolved should be determined by no other terms of Accommodation then his Majesties parting with the Sword which Guarded his Septer and which they were resolved either to have or to force it from him by the down-right strength of a most deep rooted and formidable Rebellion But what thanks soever they had for this officious diligence from the King they received many thanks from both Houses for the affection expressed to the Kingdom in the advice which they gave the King in this Paper which was mightily to the Grace of the Faction and Tuned to the humor of the Times which charged all the Miseries and Distractions upon the King 's refusing the sound advice of his great Council the Parliament This day an Order was made in the Lords House Munday January 17. The Lo. Nettervile's Son ordered to be brought before the Lords for the bringing up to the Lords in Parliament Mr. Thomas Netterville Son to the Lord Neterville who was stayed in Chester by the Mayor of the place upon Suspicion and the Lord Admiral was Ordered to write to the Mayor thanks from the House of Lords for his care in staying the said Mr. Netterville Then the Lord Duke of Richmond Reported the King's Answer to the Message delivered to him Jan. 15th The King's Answer to the Bill for adjournment Hull c. 1. Concerning his Majesties Assent to be given to the Bill for the Adjourning of the Parliament