then a Peer of the said Realm to Imprison him unless he would surcease his suit and said That he would have neither Law nor Lawyers dispute or question any of his orders And the 20. day of March in the said 11. year the said Earl of Strafford speaking of an order of the said Councel Table of that Realm in the time of King James which concerned a Lease which the said Earl of Cork claimed in certain Rectories or Tithes which the said Earl of Cork alledged to be of no force said That he would make the said Earl and all Ireland know so long as he had the Government there any Act of State there made or to be made should be as binding to the Subjects of that Kingdome as an Act of Parliament And did question the said Earl of Corke in the Castle Chamber upon pretence of the breach of the said order of Councel Table and did sundry other times and upon sundry other occasions by his words and speeches arrogate to himself a power above the fundamental Laws and Established Government of that Kingdom and scorned the said Laws and established Government 5 That according to such his Declarations and Speeches the said Earl of Strafford did use and exercise a power above and against and to the Subversion of the said fundamental Laws and established Government of the said Realm of Ireland extending such his power to the Goods Free-holds Inheritances Liberties and Lives of his Majesties Subjects in the said Realm viz. The said Earl of Strafford the twtefth day of December Anno Domini 1635. in the time of full peace did in the said Realm of Ireland give and procure to be given against the Lord Mount Norris then and yet a Peer of Ireland and then vice-Vice-Treasurer and receiver general of the Realm of Ireland and one of the principal Secretaries of State and Keeper of the Privy Signet of the said Kingdom a Sentence of death by a Councel of War called together by the said Earl of Strafford without any Warrant or Authority of Law or offence deserving any such punishment And he the said Earl did also at Dublin within the said Realm of Ireland in the Month of March in the fourteenth year of his Majesties Reign without any legal or due proceedings or Tryal give or cause to be given a Sentence of death against one other of his Majesties Subjects whose name is yet unknown and caused him to be put to death in execution of the said Sentence 6 That the said Earl of Strafford without any legal proceedings and upon a paper Petition of Richard Rolstone did cause the said Lord Mount-Norris to be disseized and put out of possession of his free-hold and inheritance of his Mannor and Tymore in the Countrey of Armagh in the Kingdom of Ireland the said Lord Mount-Norris having been two years before in quiet possession thereof 7. That the said Earl of Strafford in the Term of holy Trinity in the thirteenth year of his now Majesties Reign did cause a case commonly called the case of Tenures upon defective Titles to be made and drawn up without any Jury or Trial or other legal process and without the consent of parties and did then procure the Judges of the said Realm of Ireland to deliver their opinions and resolutions to that case and by colour of such opinion did without any legal proceeding cause Thomas Lord Dillon a Peer of the said Realm of Ireland to be put out of possession of divers Lands and Tenements being his Free-hold in the Countrey of Mago and Rosecomen in the said Kingdome and divers other of his Majesties Subjects to be also put out of Possession and Disseised of their Freehold by colour of the same resolution without legal proceedings whereby many hundreds of his Majesties Subjects were undone and their Families utterly ruinated 8. That the said Earl of Strafford upon a Petition of Sir John Gifford Knight the first day of February in the said Thirteenth Year of his Majesties Reign without any legal Process made a Decree or Order against Adam Viscount Loftus of Ely a Peer of the said Realm of Ireland and Lord Chancellor of Ireland and did cause the said Viscount to be Imprisoned and kept close Prisoner on pretence of Disobedience to the said Decree or Order And the said Earl without any Authority and contrary to his Commission required and commanded the said Lord Viscount to yield unto him the Great Seal of the Realm of Ireland which was then in his custody by his Majesties Command and Imprisoned the said Chancellour for not obeying such his Command And without any Legal Proceedings did in the same Thirteenth Year Imprison George Earl of Kildare a Peer of Ireland against Law thereby to enforce him to submit his Title to the Mannor and Lordship of Castle Leigh in the Queens County being of great yearly value to the said Earl of Strafford's Will and Pleasure and kept him a year prisoner for the said cause two moneths whereof he kept him close Prisoner and refused to enlarge him notwithstanding his Majesties Letters for his enlargement to the said Earl of Strafford directed And upon a Petition exhibited in October 1635. by Thomas Hibbots against Dame Mary Hibbots Widow to him the said Earl of Strafford the said Earl of Strafford recommended the said Petition to the Councel Table of Ireland where the most part of the Councel gave their Vote and Opinion for the said Lady but the said Earl finding fault herewith caused an Order to be entred against the said Lady and threatned her that if she refused to submit thereunto he would Imprison her and Fine her five hundred pounds that if she continued obstinate he would continue her Imprisonment and double her Fine every Moneth by means whereof she was enforced to relinquish her Estate in the Lands questioned in the said Petition which shortly was conveyed to Sir Robert Meredith to the use of the said Earl of Strafford And the said Earl in like manner did Imprison divers others of his Majesties Subjects upon pretence of Disobedience to his Orders and Decrees and other illegal Commands by him made for pretended Debts Titles of Lands and other Causes in an Arbitrary and Extrajudicial course upon Paper Petitions to him preferred and no other cause legally depending 9. That the said Earl of Strafford the Sixteenth day of February in the Twelfth Year of his now Majesties Reign assuming to himself a power above and against Law took upon him by a general Warrant under his hand to give power to the Lord Bishop of Down and Connor his Chancellor or Chancellors to their several Officers thereto to be appointed to attach and arrest the Bodies of all such of the meaner and poorer sort who after Citation should either refuse to appear before them or appearing should omit or deny to perform or undergoe all lawful Decrees Sentences and orders issued imposed or given out against them and them to commit and keep in the next
as well by the Lord General as by all other Commanders Officers and Soldiers of the Army whereof they expect a strict and speedy Account After which Mr. Pym and Sir John Culpeper were Ordered to draw a Letter to be sent to the Lord General and Mr. Rushworth Clerk Assistant of the House of Commons to ride Post with it and the House will take it into Consideration to requite him for his Pains and Charges This Day Sir William Bringhurst Mr. Wilson Mr. Broadgate Mr. Friday August 20. Diverse Persons Bailed The first Ordinance of the Lords and and Commons about Commissioners to go to Scotland Slany Mr. Gardner and Mr. Inego Jones were Ordered to be Bailed and 10000 l. for the Principals and 5000 l. for each of the Sureties The Ordinance of the Lords and Commons for the Commissioners for Scotland was read in the Commons House in these Words THe Lords and Commons in this present Parliament Assembled do hereby Order and Appoint William Earl of Bedford Edward Lord Howard two of the Peers of the Lords House Nathanel Fiennes Esquire Sir William Armyn Baronet Sir Philip Stapleton Knight and John Hambden Esquire Members of the House of Commons to be Committees for both Houses of Parliament to attend the Kings Majesty during his Absence in the Kingdom of Scotland and do hereby Authorize them or any three or more of them from time to time to present to his Most Excellent Majesty the humble desires Counsel and Advice of his Majesties most Loyal Subjects the Lords and Commons in Parliament according to such Instructions and Directions as are hereunto annexed or shall at any time hereafter be sent unto them by the Order and Consent of both Houses The Commissioners Instructions I. Instructions for the Commissioners for Scotland YOV shall humbly desire his Majesty That the Treaty agreed upon between the Commissioners of England and Scotland confirmed and ratified in this present Parliament may likewise be confirmed and ratified in the Parliament in Scotland II. You shall present to his Majesty the just Demands of any of his Loyal Subjests of England concerning a due Satisfaction to be made of all Debts due to them for Mony Arms or Provisions taken up by the Scottish Army III. If you shall understand that the Army of Scotland is not returned back or the Army of England not disbanded according to the Articles of the Treaty and Order of Parliament you shall be very instant and earnest in Petitioning his Majesty that all Obstacles and Impediments taken away the Kingdom may be freed from that great Charge this might have been done with half the Charges if the E. Strafford's Advice had been taken and those Mischiefs under which it groans by reason of those Armies IV. You shall by all fit ways of Petition and Intercession to his Majesty further and preserve the Peace and good Correspondency betwixt the two Kingdoms of England and Scotland V. You shall from time to time Certifie both Houses of Parliament of such Accidents and Occurrences as may concern the good of the Kingdom Which Ordinance and Instructions were agreed to by the Lords at a Conference this Day The great Obstacle to the disbanding the Army Mony Ordered disbanding the Army though it filled the Heads of the Party with Fears and Jealousies which from them was diffused through the whole Nation was perfectly the want of Money and not such Designs of dangerous Consequence as were pretended to amuse the People this they well knew and therefore Ordered thirty thousand Pound to be sent down to Pay and Disband the Army A Message was brought from her Majesty to the House The Qs. Answer to the Commons about the Commissioners carrying any Message to the King Order about the L. Major and Commonalty of London about the choice of one Sheriff That her Majesty returns her Thanks for the Respects of this House but She hath lately sent to His Majesty and hath nothing at this time to write This Morning the Lord Privy Seal Reported That the Lords Committees meet Yesterday to see if they could Mediate and Compose the Differences between the Lord Mayor of London and the Commonalty touching the Election of one Sheriff but they could have no success in it and so left it to the Consideration of this House Hereupon the Lord Viscount Say and Seal and the Lord Bishop of Lincoln were appointed to withdraw and consider of an Order for setling the Election of the Sheriff pro hac vicê with a Salvo on both Parts which Order is to be entred in the Books of the Chamber of London the Order was in these Words IN the Cause depending between the Commons and Citizens and the Lord Major of the City of London about the Nominating and Electing of one of the Sheriffs of the said City for this Year ensueing their Lordships taking it into their Consideration that the Election should have been dispatched upon Mid-Summer day last past and finding that upon Omission of performing the Election as upon that Day Devolutions have ensued pro tali vicé to the Commonalty of London do Order that for this time the said Commonalty shall forthwith proceed to the Nomination and Election of both their Sheriffs for the Year following hoping that for the first of the two Sheriffs they will make choice of that Party that was Nominated by the Lord Major and their Lordships do further declare That this Order shall be no way prejudicial to any Right and Prerogative claimed by the Lords the Majors of the City of London for the time being nor yet to any Right or Claim made by the Commons or Citizens in this matter now in Question amongst them It was also Ordered That those Lords that are to go into Scotland with some of the Members of the House of Commons shall go to the Lord General in their Passage The Commissioners for Scotland to quicken the Disbanding Order to stop proceedings upon the Conviction of the Lady Wotton a Recusant to desire that the Order of both Houses may be put into speedy Execution for the disbanding of the Horse and they are to give an Account of the Lord Generals Answer Upon signification this day made unto the Lords House that an Indictment and Conviction in London against the Lady Margaret Wotton for Recusancy is returned into the Treasurers and Remembrancers Office of the Court of Exchequer and the Pipe contrary to former Orders of this House in that behalf and against the Priviledges of the same It is Ordered That no further Proceedings shall from henceforth be had in the said Treasurers Remembrancers or Pipe Offices against the said Lady upon the said Conviction nor any Process shall be thence made or issue thereupon until this House shall give further Order in this Matter Upon a former Information to the Commons by one Sewer Saturday August 21. Disarming of Recusants that he had seen a great quantity of Arms in the Marquiss
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 Boats they have to Transport Men in and what Number of Men they are able to send over if need he and they find that they are able to Land a considerable number of Men in the North of Ireland and that with more speed and less charge then it can be done from any other part of the Kings Dominions and their Highlanders are conceived proper to fight with the Irish in their own Kind and Country amongst Hills and Boggs An Information was given in by one Col. Hunkes That two disbanded Troopers Moor and Mac-Miller had listed about 40 Men who were lodged near the Iron Gate of the Tower in St. Katharines and that one Bourk an Irish-man of Lincolns-Inn paid them 14 d. per diem that according to the Order of the House he had taken care to disarm them Whereupon Bourk being sent for and Examined confessed that he was an Irish-man and a Roman Catholique That he did this to advance his Fortunes being to Command them in the Service of the King of Spain against Portugal That he received Money from the Spanish Ambassador to pay them and that he did it upon the Order of the House of Commons dated the 26th of October last which gave Licence to Transport the disbanded Soldiers It appearing to the Lords that the Order did Expresly prohibit the Transporting of any of the Kings Subjects Natives of England or Ireland Bourk was committed to the Custody of the Gentleman Usher during the Pleasure of the House Moor and Mac-Miller were for a former misdemeanor in abusing the Lord General Sir John Conyers and assaulting and sending a Challenge to one Captain Trist committed before to Newgate Hereupon Order was sent to the Constable of the Tower to keep diligent Watch for the Safeguard of it The Justices of the Peace for Middlesex and the City of Westminster were also Ordered to make speedy and diligent search in and about the Suburbs of London and Westminster What Irish are residing in their several Jurisdictions and to cause their Names to be taken and return them into this House and to cause strong and good Guards to be set upon such as they find to be dangerous and suspected Persons untill the pleasure of this House be further known Directed To William Roberts John Hooker and Thomas Shepherd Justices of the Peace for Middlesex Upon the reading the Petition of the Bishops that are Impeached Council assigned to the Impeached Bishops shewing That the Councel that was assigned them by this House refuse to be of Council for them because they being Commoners are involved in all the Acts and Votes of the House of Commons Hereupon it was Ordered That Serjeant Jermin Mr. Hern Mr. Chute and Mr. Hales be sent for to give their Answers herein Order of the Lords to expel all Romish Recusants out of the Inns of Court and Chancery It was also this day Ordered by the Lords in Parliament That the Treasurers Recorders Readers and Benchers of the Societies of the four Inns of Court shall make or cause to be made diligent Search and Examination whether there be any Recusants of any Nation whatsoever admitted into their several Houses or into the Inns of Chancery belonging thereunto or live within the same Houses And if upon search any shall be found that they be forthwith dismissed and expelled out of the said Houses And it is further Ordered That no Romish Recusant shall hereafter be admitted into any the said Inns of Court or Inns of Chancery upon any pretences whatsoever Directed To the Treasurers Readers and Benchers of the Society of the Inner-Temple To the Treasurers c. of Grayes-Inn To the Treasurers c. of the Middle Temple To the Treasurers c. of Lincolns-Inn In the Commons House it was likewise Ordered Order of the Commons to tender the Oaths of Alleglance and Supremacy to Irish Recusants and others in the Inns of Court Order of the Commons to Examine all Irish endeavouring to pass over into Preland That the Oaths of Allegiance and Supremacy shall be tendred to the Irish Gentlemen and such others as are suspected for Recusants as are within the Inns of Court that are Students there and that the Lord Keeper shall be desired to award a Commission to that purpose to the Benchers of the several Inns of Court respectively It was also Ordered That all suspected Persons Irish and others that do endeavour to pass over into Ireland shall be Examined by the Mayor or other Officers of the several Ports where they endeavour to take Shipping upon such Instructions as they shall receive from this House and that the said Officers do tender unto all such persons the Oaths of Allegiance and Supremacy and to Convict such according to Law An Information was this day given in to the Commons against one Mr. Carter a School-Master at High-gate for words spoken by him Viz. Chamberlain an Informer That Mr. Carter said That they were mad that would read the Order of the House of Commons of the 8th of September concerning Innovations And for the Protestation there were none but fools had taken it Whereupon Mr. Green who was also present said he had taken it Carter replied It was for want of information and he would maintain that it was against Reason Justice and Law and whereas said he it is to maintain the Priviledge of Parliament no Justice of Peace nor Constable but had as much priviledge as they had And said further That it was against the King and State I answered him Are you wiser than two Kingdoms for the Scots have taken it likewise What do you talk said he of a Company of Rebels and Rascals the Parliament hath dishonoured the King and Kingdom by making a Peace with them Upon which complaint it was Ordered That Carter should immediately be taken into Custody by the Sergeant at Arms. By which passage the Reader may plainly see the Genius of those times and of those Men who verified the saying of the Poet Nec Hospes ab Hospite tutus No person could in common discourse have the freedom of conversation but was in danger of these Zealous Informers who made it their business to run with informations to the House of Commons against such as durst oppose their Votes and Arbitrary Orders Tuesday Novemb. 9. Serjeant Jermin Mr. Chute and Mr. Hales appeared this day before the Lords and declared themselves willing to be of Council with the Lords the Bishops in the Impeachment brought up from the House of Commons The Bishops to answer their Impeachment upon Friday November 12. as they were formerly assigned by the House Whereupon it was Ordered That the Bishops that are impeached shall put in their Answers to the said Impeachment on Friday Morning next and that the Bill concerning the Bishops Votes shall be deferred until then Upon report of the Lords Committees for the Irish Affairs Earl of Leicester scruples raising men without the Kings Commission that
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
May it please your Lordships WE have received your Letters of the third of this Instant The Answer of the Lords of the Pale to the Lords Justices Dec. 7. 1641. intimating that you had present occasions to confer with us concerning the present State of the Kingdom and the safety thereof in these times of danger and requiring us to be with you there on the eighth day of this Instant we give your Lordships to understand that we have heretofore presented our selves before your Lordships and freely offered our advice and furtherance towards the particulars aforesaid which was by you neglected which gave us cause to conceive that our Loyalty was suspected by you We give your Lordships further to understand that we have received certain Advertisement that Sir Charles Coot Knight at the Council Board hath uttered some Speeches tending to a purpose and resolution to Execute upon those of our Religion a general Massacre by which we are all deterred to wait on your Lordships not having any security for our safety from these threatned Evils or the safety of our Lives but do rather think it fit to stand upon our best guard until we hear from your Lordships how we shall be secured from these Perils Nevertheless we all protest that we are and will continue both Faithful Advisers and resolute furtherers of his Majesties service concerning the present State of the Kingdom and the safety thereof to our best Abilities and so with the said tender of our humble service we remain Your Lordships humble Servants Fingale Slaine Netterville Lowth Gormanston Dunsany Oliver Trimbleston Decemb. 7. Received 11. 1641. To the Right Honourable our very good Lords the Lords Justices and Council of Ireland For much about this time the Lords of the Pale had entered into a Combination with the Vlster Rebels as appears by the Deposition of Edward Dowdall Esq a Gentleman of the Pale who was present at the whole Management of this Affair and deeply concerned in all their Councels and Actions who Deposed before Sir Rob. Meredith Chancellour of the Exchequer as followeth HE Deposeth The Deposition of Mr. Dowdall concerning the Treaty between the Lords and Gentlemen of the Pale and the Ulster Rebels That some four or five days after the defeat of the English Souldiers at the Bridge of Gellianstown there Issued a Warrant from the Lord of Gormanston to the Sheriff of the County for a general Meeting of all the County of Dulick But the Place of Meeting was afterwards changed to the Hill of Crofty where all the Lords and Gentry of the Country met viz. The Earl of Fingale the Lord Viscount Gormanston the Lord of Slaine the Lord of Lowth the Lord of Dunsany the Lord of Trimblestone the Lord Nettervile And of the Gentry Sir Patrick Barnwall Sir Christopher Bellow Patrick Barnwall of Kilbrew Nicholas Darcy of Plattin James Bath of Acharn Garret Ailmer the Lawyer Cusake of Gormanston William Mallone of Lesmullin Sedgrave of Kileglan Linch of the Knos Lynam of Adamstown Laurence Doudal of Athlumney Nicholas Doudal of Brownstown this Examinates Brother and him this Examinate with a Multitude of others to the number of 1000. Persons at the least whose names he this Examinate cannot for the present call to mind And after about two or three hours spent upon the said Hill of Crofty by the Lords and Gentry aforesaid There came towards them Collonel Mahowne Philip O Rely Hugh Boy Rely Roger Moore Hugh Birne and Captain Fox attended on with a Guard of Musqueteers And this Examinate saith That as soon as the Parties drew near unto the said Hill the Lords and Gentry of the Pale rode towards them and the Lord of Gormanstone being one of the first spake unto them and demanded of them Why and for what reason they came Armed into the Pale Vnto which Roger Moore made present Answer That the Ground of their coming thither and taking up Arms was for the Freedom and Liberty of their Consciences the maintenance of his Majesties Prerogative in which they understood he was Abridged and the making the Subjects in this Kingdom as free as those in England were Whereupon the said Lord of Gormonston desired to understand from them truly and faithfully whether those were not pretences and not the true ground indeed of their so doing and likewise whether they had not some other private ends of their own which being by all denyed upon profession of their sincerity his Lordship the Lord Gormanston then told them Seeing these be your true ends we will likewise joyn with you therein unto which course all agreed And thereupon it was publickly and generally declared that whosoever should deny to joyn with them or refuse to assist them therein they would account him as an Enemy and to the utmost of their Power labour his Destruction And this Examinate saith That after the agreement so made as aforesaid There issued another Warrant to the Sheriff of the County of Meath to Summon all the Lords and Gentry of the County of Meath to be at the Hill of Taragh about a week after and accordingly there met at the same place the Earl of Fingale the Lord of Gormanston and the rest of the Lords and Gentlemen aforenamed together with Sir Thomas Nugent and Nicholas Plunket the Lawyer Birford the Lawyer and a multitude of others and the work of that day was first to make Answer to a Summons made by the State for the calling of the Lords unto Dublin which Answer was brought ready drawn by the Lord of Gormanston and presented by his Lordship and being perused by the said Council at Law was Signed by the Lords The Board having Information that Luke Netterville Esquire George Blackney of Richenhore Esquire George King of Clantarf and others were Assembled at Swoords they sent to charge them upon their Allegiance forthwith to depart and not to unite any more in such a manner as by the following Order from the Board appears By the Lords Justices and Council William Parsons John Borlase WHereas we have received Information An Order of the Lords Justices and Council to dissolve an unlawful Assembly at Swoords Dec. 9. 1641. that Luke Nettervile Esq George Blackney of Rickenhore Esq and George King of Clantarfe Gentleman and other Gentlemen of the County of Dublin with great numbers of Men are Assembled together in a Body at Swoords and thereabouts within six Miles of this City for what intent we know not but apparently to the Terror of his Majesties good Subjects and though considering the unseasonableness of this time chosen for such an act without our privity whatsoever their pretence is a construction might be made thereof to their disadvantage yet we being willing to make an Indulgent Interpretation of their Actions in regard of the good opinion we have of the Loyalty of those Gentlemen who it seems are principals amongst them in that Assembly and conceiving there may be some mistaking in that enterprise we have
Lords concerning Kymbolton and the five Members 848. to both Houses concerning Breach of Priviledge 858. Message of the Queen to the House of Commons about her Journey 405. Message of either House to the King upon occasion of his Letter about the Earl of Strafford 197. to desire him to stop some Allowances 368. of the House of Commons to the House of Lords about a Conspiracy to seduce the Army 231. about restraining Ecclesiastical persons from medling in secular affairs 242. about paying the brotherly assistance to the Scots 315. about the Charge and Trial of the Arch-Bishop of Canterbury 318. to the Lord Keeper that the Judges travel not on the Lords day 325. about three Bills 331. concerning Disbanding the Army 424. about making the Earl of Pembroke Lord Steward and the Earl of Salisbury Lord Treasurer 437. about the Impeach'd Bishops 439. desiring that a convenient number of Lords stay in Town 445. concerning the desperate condition of the Kingdom 447. Message from the House of Lords to the House of Commons by one person only gives offence 474. Message of the House of Commons to the Queen about the Prince 597. to the House of Lords about Philips the Priest ibid. to Forraign Ambassadors not to harbour English Priests 652. to the House of Lords to press expedition for Ireland 750 761 768 769. concerning a Declaration to suppress Tumults and a Guard 789. concerning the Lord Digby 791. to revive the Bill against Bishops Votes 800. that the Kings Queens and Princes Servants take the Oaths of Allegiance and Supremacy 814. to the Gentlemen of the Inns of Court and to the Common-Council of London 817. about the Kings coming to the House 822. their Message about the Tower rejected 835. concerning the Prince and Marquess of Hertford 657. concerning the adjournment to Grocers Hall c. 879 880. Message from the Scots Commissioners about the Kings Journey into Scotland 318. of the Venetian Ambassador to the House of Lords 655. Michaelmas Term abbreviated 238 243. Militia enquired into by order of the House of Commons 230. Mines Royal Order about them 446. Scandalous Ministers a Committee about them 233. Factious Ministers their Petition to the House of Commons 764. Money borrow'd of the Londoners by the House of Commons 236. desired to be continued 255. more to be borrowed 407 411 595 597 644. an Ordinance for securing Money lent by the City 621 687. Money to be conveyed to the Army an Order for its safety 415. Colonel Monk his Letter to the Lord Lieutenant of Ireland 919. Earl of Monmouth 's Speech concerning fears c. 849. Sir James Montgomery a Witness against the Earl of Strafford 64 77. Lord Morley Ordered to be Tryed by his Peers for Murther 307. Earl of Morton a Witness in the Case of the Earl of Strafford 82. Lord Mountnorris a Witness against the Earl of Strafford 36 39 59 63. Lord and Lady Muskerry Irish Papists kind to the English 635. N. NAmes of the persons who made the several motions towards the Declaration of the State of the Kingdom 615. of the chief Irish Rebels 632. Narrative of a Plot by Beal a Taylor 647. James Nash a Witness against the Earl of Strafford 874. Nash and Kynaston 's Case 258. Navy the State of it 460. Debated 757. Order of the House of Commons about it 787. Sir Paul Neal a Witness for the Earl of Strafford 95. Lord Nettervile 's Son ordered 〈◊〉 be brought before the House of Lord â—77 Lord Newark his Speech about the â—â—â—rage of Bishops 251. concerning their medling in secular Affairs 252. Lord Newburgh a Witness in the Case of the Earl of Strafford 83. New castle an Order to the Major to take care of it 753. Earl of Newport made Constable of the Tower 230. enabled as Master of the Ordnance to deliver Arms c. for Ireland 606 desired by the House of Commons to reside in the Tower 780. inform'd against for a design to seize the Queen c. 781. discharged of his Constableship of the Tower 785. Petition of both Houses about him 786. Non-Residence a Bill against it 293. Earl of Northumberland a Witness in the Case of the Earl of Strafford 82 86. O. OAth of Allegiance and Supremacy by Order of the House of Commons to be tendred to Irish Recusants and others in the Inns of Court 613. and to the Kings Queens and Princes Servants 814. the Oath for Ireland an Act of State and Petition about it 79. Oath of Secrecy administred to persons concerned in preparing for the Tryal of the Earl of Strafford 11. Officers of the Army Petition for Pay 660 757. Ordered a Moiety 772. those in Ireland commanded to their Charges 594. and in the examination of the Army Conspiracy 232. O Neal a Serjeant Major sent for 286. Committed 490. Ordered to be examined 492 625 714. Voted to be impeach'd of High Treason 754. committed to the Gate-house 757. Sir Phelim O Neal his Execution 529. his Letter to Sir William Hamilton 895. Opinion of the Judges upon an exception of the Earl of Strafford 101. upon the Bill of Attainder 192. in the Case of Ship-money 338. in answer to some Quaeries concerning matters in Parliament 374. concerning a Custos Regni 430. Opinion of the House of Lords about a Commission for Commissioners to attend the King in Scotland 448. 451. Opinion of a City Divine about Episcopacy presented to the House of Commons 302. Orders of both Houses relating to the Trial of the Earl of Strafford 28. for the payment of the Poll-Money to expedite disbanding 458. for declaring the Scotch Rebels to be loyal Subjects 467. for securing the Money borrowed of the City 687. for a Guard upon the Tower 844. Orders of the House of Lords concerning new Proofs against the Earl of Strafford 102. to stop the Ports 232. to pillory two Persons for a contempt 238. about Tumults 246 388 468 476 603 692 856 484 495 691 718. about Ship-Money in the Sheriffs hands 264. against formal Speeches 265. about Writs of Error 272. for Provision for Sisters by a Brother 367. for relief of Wife and Children against a Husband refusing to cohabit 381. concerning a Vicarage between Sir Peter Osborn and Thomas Joice 382. concerning the Arch-Bishops Poll-Money 387. for securing Money carried to the Army 415. for the Lady Wotton 420. 457. for exemplifying the Acts for Pacification and Brotherly Assistance 439. for examining Witnesses about Incendiaries 444. for referring the Election of Sheriffs of London 445. 456. about Mines Royal 446. concerning the impeached Bishops 449 484 495 691 718. search under the Parliament House 450. to quicken the disbanding 457. concerning a Guard about the Parliament House 487. concerning the relief of Ireland 601 603 626. to expel Romish Recusants out of Inns of Court 613. for bringing Ammunition from Hull 643. about the Lord Lieutenant of Ireland ibid. for apprehending Priests and Jesuites 647 648. for putting the Laws in execution against Romish Recusants 653.
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
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
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
profit of that Office which upon a just Calculation in so long a Revolution of time amounts to 26000 l. or thereabouts He kept his Innocency when others let theirs go when himself and the Common-wealth were alike deserted which raises his merit to a higher pitch For to be honest when every body else is honest when honesty is in fashion and is Trump as I may say is nothing so meritorious but to stand alone in the breach to own honesty when others dare not do it cannot be sufficiently applauded nor sufficiently rewarded And that did this good old man do in a time of general desertion he preserved himself pure and untainted Temporibusque malis ausus is esse bonus My Lords The House of Commons are therefore Suiters unto your Lordships to joyn with them in the representation of this good Man's Case unto his Majesty and humbly to beseech his Majesty to be so good and gracious unto him as to give him such honour the quality of this case considered as may be a noble mark of Sovereign grace and favour to remain to him and his posterity and may be in some measure a proportionable compensation for the great loss he hath with so much patience and resolution sustained There certainly cannot in the whole World be seen a more Illustrious Court than this High and Honourable Assembly of Peers in Parliament nor any thing of greater Benefit and Advantage to the Subjects of this Monarchy where matters of Right and Equity are Debated and Ordered with that great Wisdom and Justice that Tenderness and Caution that all persons may find Redress which as it has in all times been most visible so even in this Parliament it may be seen in a thousand Instances so long as it continued free and undivested of its Noble Members the Loyal Lords and the Bishops And because they into whose hands these Collections may come might see I endeavoured their Interest as well as to gratifie their Curiosity I have entred into these Papers many Orders of the Lords House in particular and extraordinary Matters that so the Readers and others might know where to seek and find Relief in many Cases wherein the ordinary Courts of Justice cannot avail them and I give this account that so they may not appear either forreign to my Design or superfluous in the Undertaking It was this day Ordered That the Earls of Dorset Warwick An Order of the Lords for Provision for Sisters by their Brother and Stamford are to be attended and humbly desired by virtue of this Order to mediate a peaceable and friendly Composition and Agreement between Mr. Stoddard and his Three Sisters touching their several Maintenance during their Lives But in case the said Mr. Stoddard shall refuse to perform such things as their Lordships shall think reasonable to be agreed unto then their Lordships are to make Report thereof unto this House which will proceed therein according to Justice and Equity Information being this day given to the Commons That the Allowances formerly paid to Mr. Jermyn Sir John Suckling and others were still continued in their Places and Salaries Mr. Treasurer was ordered to move his Majesty to stop any Allowances or Payments to Sir Francis Windebank Wednesday July 7. Message to desire the King to stop the Allowances of Sir Fr. Windebank c. A Message from his Majesty concerning the Officers of the Star-Chamber Mr. Montague Mr. Jermyn and Sir John Suckling while they stand in the Condition they are now in A Message was also brought from the King by Mr. Sollicitor concerning the Officers of the Star-Chamber and it was moved That a Committee might be appointed to take an account of them and their Places and what Reparation was fit to be made them But it was laid aside A like Message was sent to the Lords who appointed a Committee to consider of it The House then entred upon the Debate concerning the King 's Manifesto about the Affair of the Palatinate and being resolved into a Committee of the whole House and Mr. Whitlock being in the Chair Sir Symon D'Ewes spoke upon that Subject to this Effect Mr. Whitlock WE have during this Parliament Sir Simon D'Ewes his Speech concerning the Manifesto and the Affair of the Palatinate July 7. 1641. fallen upon the Debate of the greatest and most important Affairs concerning our Own Good and Welfare at Home that ever were agitated and discussed at one Meeting in the House of Commons And we are at this present by the Gracious Invitation of his Royal Majesty expressed in his most Just Manifesto read unto us resolved to take into Consideration the most Sublime and most Difficult Business of the Christian World abroad which hath for the space of above Twenty Years last past drawn all the Kingdoms and States of Europe into an immediate or mediate Ingagement In which there have been Twenty pitch't Battels fought a Million of Men Women and Children destroyed by the Sword by the Flames by Famine and by Pestilence and that sometimes Populous and Fertile Empire of Germany reduced to a most Extream and Calamitous Desolation I have in those few spare-Hours I could borrow yesterday from the publique Service of the House recollected some particulars which may conduce to the clearing of this great Cause being drawn out of the Autographs themselves or out of our Records at Home or out of the Writings of our very Adversaries and others abroad I shall therefore begin at the Original it self of the never-enough to be lamented loss of the Prince Palatine's Dominions and Electoral Dignity that so we may take along with us in our intended Disputes not only our Affections but our Consciences It is therefore very manifest to all that are but meanly verst in the Cabinet Affairs of Christendom That the Jesuits have Consulted for many years last past as well before as since the Furious Wars of Germany by what means to ruin the Evangelical Princes and Party there Their Chief Aim hath been so to divide the Protestant Princes amongst themselves as they might be made use of Each against other for the Ruine Each of other The first Occasion that offered it self within our Memories was the Pretences of several Competitors to the Dukedomes of Cleve and Juliers and they failed but a very Little to have executed their intended Design upon that Occasion But their hopes failing in it they apply themselves integrally to Ferdinand of Austria Duke of Gratz a Prince not long since so poor and of so mean a Consideration to add the weight of but one grain to the down-Ballancing of the Affairs of Christendome as his Name was scarce heard of They find him a fit subject for them to work upon having from his Cradle been bred up in an extreme hatred of the Protestant Party who professed the Truth They resound nothing into the Ears of the old Emperor Matthias but his Cousin Ferdinand's high merits so as he passing by his own Natural
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
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.
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
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
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
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