another The 10th Consideration is this That as it is a Crime odious in the Nature of it so it is odious in the Judgment and Estimation of the Law To alter the setled Frame and Constitution of Government is Treason in any state The Laws whereby all other parts of a Kingdom are preserved should be very vain and defective if they had not a power to secure and preserve themselves The Forfeitures inflicted for Treason by our Law are of Life Honor and Estate even all that can be forfeited and this Prisoner having committed so many Treasons although he would pay all these Forfeitures will be still a Debtor to the Common-wealth nothing can be more equal then that he should perish by the Justice of that Law which he would have Subverted neither will this be a new way of Blood There are Marks enough to trace this Law to the very Original of this Kingdom and if it hath not been put in Execution as he alleadgeth this 240 years it was not for want of Law but that all that time hath not bred a man bold enough to commit such Crimes as these which is a circumstance much aggravating his Offence and making him no whit less liable to punishment because he is the only Man that in so long a time hath ventured upon such a Treason as this It belongs to the Charge of another to make it appear to your Lordships that the Crimes and Offences proved against the Earl of Strafford are High-Treason by the Laws and Statutes of this Realm whose Learning and other Abilities are much better for that Service But for the time and manner of performing this we are to resort to the Direction of the House of Commons having in this which is already done dispatched all those Instructions which we have received and concerning further Proceedings for clearing all Questions and Objections in Law your Lordships will hear from the House of Commons in Convenient time For this and his Speech at the beginning of the Tryal Mr. Pym had the particular Thanks of the House of Commons and was Ordered to Print and Publish them Thus was the process closed as to matter of Fact that which was now remaining was matter of Law which the Lords had condescended that the Earl's Council should have liberty to speak to and accordingly a Message was sent from the Lords by Judge Reeves and Serjeant Glanvile upon Wednesday Wednesday April 14. 14th of April to let them know That their Lordships had appointed to hear the Earl of Strafford 's Council to morrow at 8 of the Clock concerning the matter of Law The Bill of Attainder was read again this day and the House was resolved into a Grand Committee of the whole House Mr. Peard having the Chair where it was warmly debated Mr. Selden Mr. Holborn Thursday April 15. Mr. Bridgman and several others opposing it The Commons sent to desire a Conference with the Lords about hearing the Earl's Council the Heads whereof were to represent to their Lordships 1. That it was 5 of the Clock before this intimation of their Lordships to hear the Earl of Strafford 's Council came to their House 2. Vpon former Conferences heretofore had with their Lordships a Saving was made by the House of Commons in that point whether Council should be heard or not and 't is not now time to consider whether they should depart from that Saving 3. Great difficulties to know to what purpose the Council shall be heard the Case not stated agreed on or made then to propound the danger and inconvenience is his Council make a Case and ravel into all the Evidence in such an Auditory and whether to dispute the Case as 't is alleadged in the Articles That the Evidence of the Fact being given it was in proposition from the beginning to go by way of Bill and that a Bill is exhibited here for his Attainder that the proceedings by way of Bill stands in no way of Opposition to these proceedings that have already been in this business that these several Considerations make more difficulty in this House then to come to a sudden and present Resolution And a Conference being had Mr. Whitlock reports it to the Commons That the Lord Say told them That they had taken into consideration this great business and were not absolutely resolved how to proceed but that the Earl of Strafford 's Council should have notice to attend here to morrow and should not speak to any matter of Fact but of Law only Upon Friday April 16th Friday April 16. the Commons fell upon the Debate about the last Conference and concerning the Earl of Strafford and came to this Vote Resolved upon the Question That the endeavour of Thomas Earl of Strafford to Subvert the ancient and Fundamental Laws of the Realms of England and Ireland and to introduce an Arbitrary and Tyrannical Government against Law in both these Realms is sufficiently proved Upon the Conference the Lords appointing Saturday Ten of the Clock for hearing the Earl of Strafford's Councel it was Ordered That a Committee of the whole House should be present at Westminster-Hall to hear the same And accordingly upon Saturday the 17th of April Saturday April 17. the Court being sate my Lord Steward acquainted the Earl of Strafford That the Lords had resolved to give him a fair hearing in the matter of Law and desired that his Councel might keep that Distance Moderation and Respect which was due to the Judicature and not at all meddle with matter of Fact The Earl replied That he did in all humility acknowledg the Favour and Justice done him by the Lords and that he never Expected other from such Just and Honourable Persons as their Lordships in whose Integrity and Goodness next under that which he had placed above he reposed his chiefest Confidence and hopes of the Vindication of his Innocence and for his Councel they knew much better than himself what concerned the point of Discretion and Respect due to that Illustrious Assembly and that he doubted not but they would give all Satisfaction and Obedience that was desired Then his Councel was called to the Bar and having permission given them Mr. Lane the Princes Attorney spoke as followeth My Lords THere is a Heavy Charge lyeth upon me and my Fellows Mr. Lane's Argument at Law in behalf of the Earl of Strafford Nothing less then to defend the Life the Estate the Reputation and the Posterity of this Honourable Person at the Bar and if therein we shall be the more pressing we hope your Lordships will interpret this our forwardness to be for Honesty and Conscience sake in a matter that nearly concerneth both But it shall be our endeavour to carry our selves with our best Respects to your Lrodships and with all Content and Satisfaction that may be to the House of Commons And because your Lordships mentioned the matter of Fact one thing I dare be bold to say That all the
and Deputy-Lieutenants how affected to the Religion and to present their Names to the House and that where there is want that Arms and Ammunition may be supplyed By this Means they got a true account of all those who were their Friends and who their Enemies who were therefore to be displaced as disaffected to Religion and Popishly inclined as all those who were for Episcopacy were vogued to be and besides hereby they gave a General Alarm and Amazement to the Whole Nation to believe that those Fears and Jealousies with which they bewitched the People into Rebellion were grounded upon the foundations of Truth and real Danger which was the Occasion of this Inquiry into the state of the Militia Upon this a Message was sent to the Lords to acquaint them with a dangerous Conspiracy to seduce the Army against the Parliament and to increase the Fears and Jealousies among the People Message to the Lords about the Conspiracy to seduce the Army an Order was sent from the Commons to the Lord Mayor of London to take care of the City Guards The Message to the Lords was in haec verba Mr. Hollis who carried up the Message read it in these words Message about the Conspiracy of the Army That the House of Commons hath received such Information as doth give them just cause to suspect that there have been and still are secret practices to discontent the Army with the proceedings of Parliament and to ingage them in some Design of dangerous Consequence to the State and by some other mischievous ways to prevent the happy success and conclusion of this Parliament And because the timely discovery and prevention of these dangerous Plots doth so nearly concern the safety both of * Yet afterwards they did all that was possible to persuade the People that the King was in this Conspiracy King and Kingdom they desire your Lordships would be pleased to appoint a select Commitee to take the Examinations upon Oath of such persons and Interrogatories as shall be presented unto them by the Directions of the House of Commons and in the presence of such Members of that House as shall be thereunto appointed with Injunction of such Secrecy as a business of this nature doth require They have Ordered That such Members of their House as shall be thought fit shall upon notice be ready to be Examined and they desire your Lordships would be pleased to order the like for the Members and Assistants of your own House And further it is desired That your Lordships will forthwith send to his Majesty to beseech him in the Name of the Parliament upon this great and weighty occasion that no Servants of his Majesties of the Queen or Prince may depart the Kingdom or otherwise absent himself without leave from his Majesty with the humble advice of the Parliament until these Examinations be perfected Whereupon it was Ordered That this House will joyn with the House of Commons in all that they desire and these Lords following were Deputed to take the Examinations Earl of Bath Earl of Essex Earl of Warwick Earl of March Viscount Say and Seal Lord Wharton Lord Paget and Mr. Serjeant Glanvile and Mr. Attorney General to write and set down the Examinations There being never a Bishop in the Committee A Salvo for the Bishops a Memorandum was entered in the Journals MEmorandum Whereas none of the Lords the Bishops are joyned with the aforesaid deputed Lords it was declared by the House that it should be no prejudice to the Lords the Bishops This being done the Lord Great Chamberlain the Lord Steward the Lord Chamberlain the Earl of Dorset and the Earl of Newcastle were appointed to wait on his Majesty with the aforesaid request of the Parliament to which they brought this Answer THat his Majesty hath willingly granted it The Kings Answer concerning his Servants and gave a present Command to the Lord Chamberlain the Earl of Newcastle and the Earl of Dorset to give notice hereof to all under their Charge that none do depart the Kingdom without the King's License but to be forth-coming upon demand which accordingly they have already done After which the Oath of Secrecy was given to Serjeant Glanvile and Mr. Attorney in these words YOV shall Swear The Oath of Secrecy given by the Lords to Serjeant Glanvile and Mr. Attorney assistant to the Committee of Lords to Examine the Conspiracy The Persons accused That in your writing and setting down of the Examination of the Witnesses to be produced before the Lords deputed to take Examinations upon Interrogatories to be produced by the House of Commons concerning the English Army in the North and in all things concerning the same You shall well truly and faithfully behave your selves and not discover the same before the end of this Parliament or Publication granted or leave of this House first obtained The Persons Accused of this Design of seducing the Army against the Parliament were Sir John Suckling Mr. Henry Percy Brother to the Earl of Northumberland Mr. Henry Jermyn Colonel Goring Mr. William Davenant Captain Palmer Captain Billingsley and Sir Edward Wardourn and Warrants were issued out against them to bring them under the Examination of the House of Commons This day there passed little of Moment Thursday May 6. the Commons being taken up with Reading several Bills one for the security of the True Religion the Safety and Honour of his Majesties Person the just Rights of the Subject and the better discovering and punishment of Popish Recusants as also another Bill for Subsidies With which guilded baits they not only Angled for Popular Favour but also endeavoured to hide their Antimonarchical Designs against his Majesty by these specious pretences of endeavouring to study his Safety and Honour The House was this day informed That the Persons against whom the Warrants were Issued upon the Accusation of their endeavouring to seduce the Army were not to be found whereupon at a Conference it was desired that all the Ports might be stopped upon which the Lords made this Order Ordered The Order of the Lords for stopping the Ports That all the Ports of England shall be forthwith stopped until the pleasure of this House be further known and none to depart the Kingdom except Sir Thomas Roe and such as he will be answerable for who is to give in their names to this House And in particular stay is to be made of Henry Percy Esq Henry Jermyn Esq Sir John Suckling Knight William Davenant and Captain Billingsly that they depart not out of this Kingdom but are to be apprehended and safely conducted with all speed unto this House Directed To the Right Honourable Algernon Earl of Northumberland L. High Admiral of England To James Earl of March Lord Warden of the Cinque-Ports To Jerom Earl of Portland Captain and Governour of the Isle of Wight To George Goring Esq Governour of Portsmouth After which Sir Philip Carteret Lieutenant
and Concourse of People to those places Thirdly To the Poor who found there a constant relief from their Hospitality Fourthly To the King's Revenues for that besides their First-fruits Tenths c. no sort of Men did more readily grant Subsidies to his Majesty or were more willing at this time to contribute to the publick Charges of the Kingdom He trusted much he said in the Honour and Justice of this Honourable House in regard that though they were Accused of great and flagitious Crimes yet he could not hear of the least proof offered against them and therefore he hoped that they who professed so much sincerity in Religion would never have St. Paul's censure deservedly laid upon them Thou that abhorrest Idols dost thou commit Sacriledge Which he did not see how it could be avoided if they destroyed these Religious Foundations which were dedicated and set apart for the solemn Service and Honour of God Concluding That upon the Ruine of the Rewards of Industry and Learning no Structure could be raised but Ignorance and upon the Chaos of Ignorance nothing but Confusion Prophaneness Irreligion and Atheism But Alas All this was but Surdis Canere Upon this there arose a warm debate and the Episcopal Party in the House who were by far over-numbered urged That they took the late Protestation to be the meaning and intention of the House to defend the Protestant Religion and not to destroy it according to the first Clause of the said Protestation But they soon found themselves in Solomon's Snare who informs them that is a Snare to devour holy things and after vows to make Enquiry for whatever their intention was in taking it the imposers had one very far different and meant it as an Engine to pull down the Ecclesiastical Hierarchy as a Relique of Popery and therefore they now explained their meaning to be That Explanation of the Protestation by the True Reformed Protestant Religion expressed in the Doctrine of the Church of England against all Popery and Popish Innovations within the Realm contrary to the same Doctrine is meant only the Publick Doctrine professed in the said Church so far as it is opposite to Popery and Popish Innovations and that the said Words are not to extend to the maintaining of any Form of Worship Discipline or Government nor of any Rites or Ceremonies of the said Church of England So that upon the Matter hereby the Government of the Church by Arch-bishops Bishops c. together with the Liturgy were plainly designed for Extirpation which is the Presbyterian way of Reforming Thus by an unhappy Artifice were many worthy and sound men not only for the Doctrine but Government of the Church as it were drawn into a Confederacy to destroy her And if their too inconsiderate compliance drew them into this danger how deeply were they Guilty who designedly drew them into the making a solemn Protestation Vow and Promise in the presence of Almighty God to perform something which by their own Confession was so mysterious and doubtful as to need an Explication a Vow made without the knowledge or consent of their Supreme Lord and Sovereign and as they Explained it not only directly contrary to their Oaths of Allegiance and Supremacy but such a one as their Sovereign could not permit them to keep but he must violate his Coronation Oath by which he had obliged himself to defend the Church in all her Priviledges and Immunities as then by Law possessed and enjoyed A most impious affront to the Supreme Majesty of Heaven making him a Party to a Vow so rashly made that the very framers of it to their Eternal Infamy acknowledged by this Explanation carried so much Ambiguity as to render it not sufficiently understood to be taken with a safe Conscience nor by many of those who took it be kept without perjury and making shipwrack of their Consciences However this advantage Posterity will be able to make of it not to be again imposed upon by such wily stratagems of pretenders to Reformation but for the future will more easily be able to discover the design and meaning of such Protestations and Associations and in what sense they who diffent from the Church of England understand the True Protestant Religion of which they boast themselves such great Champions and Assertors and that though for a time to serve their Interest they may dissemble yet they esteem the Discipline Rites and Ceremonies of the present Established Church of England no better than Popery and Popish Innovations And that notwithstanding the Testimony of Antiquity long before either Popery or Presbytery came into the World recommends them to us as the Primitive Government and Usages of the Universal Church notwithstanding that the first Reformers set to their Testimony by Martyrdom which they suffered from the Papists an evident demonstration that they are not Popish Notwithstanding that they are agreeable to the Rule of Scripture enjoyned by those Laws and Legislators who detested abhorred and banished the Pope and Popery out of England yet if ever they can get the Power proportionable to their Wills they will endeavour to Extirpate Root and Branch the most truly Primitive and Apostolical Church in the whole Christian World A Message from the House of Commons by Mr. Arthur Goodwin Message from the Commons about the Bill to restrain Ecclesiastical persons from medling in Secular Affairs who delivered the Bill for the abbreviation of Michaelmas Term which the Commons had passed with the amendments And to desire their Lordships from the Commons to take into Consideration as soon as they can the Bill touching the Restraining of Bishops and Persons in Holy Orders from intermedling in Secular Affairs This day two Letters were read in the House of Commons one from Mr. Peter Heywood Thursday May 13. Fears of the French another from Thomas Smith of Dover to one James Buckhurst of the great fears of the French and their being about to Ship many thousands of men to be landed in England the Consideration of which were referred to the Committee of Seven Thus did they by continual Alarms of Fears and Dangers even upon the slightest and most trivial Grounds as it were to keep the People perpetually awake and force them into those dreadful State-Phrensies which were the deplorable Consequences of these Reports and Rumors His Majesty came this day into the House of Lords and having Seated himself in his Chair of State the Lords being in their Robes fitting uncovered the House of Commons were sent for the Royal Assent being to be given to three Bills viz. One for the Abbreviation of Michaelmas Term Another for Pressing and Levying of Marriners and others for the Service of the Kingdom and the third For the Remainder of the Six Subsidies Upon the presenting of which Mr. Speaker made this Speech as I find it in the Book of Speeches Pag. 204. May it please Your Most Excellent Majesty Mr. Speaker's Speech at the passing
out of their House they revived his Dormant Speech concerning the Attainder of the Earl of Strafford And notwithstanding that tender point of freedom of Speech which he might well plead as a Member of that Body where it is allowed to all Men to speak according to their Conscience yet upon the Debate of it they proceeded to these Votes Resolved c. Votes about the Lord Digby's Speech against the Bill of Attainder of the E. of Strafford That the Lord Digby 's Speech upon the Bill of Attainder of Thomas late Earl of Strafford contains matters Vntrue and Scandalous and that the Printing and Publishing of it is a Crime Resolved c. That Sir Lewis Dives and John Moor and Thomas Parston the Printer are Delinquents for Printing and Publishing the said Speech Ordered to be burnt by the Common Hangman Ordered That the Lord Digby 's Speech be burnt by the hand of the Common Hang-man on Friday in the Palace-Yard Cheapside and Smithfield And that these Votes be transmitted to the Lords for their Concurrence and that the Lords be moved to joyn with this House to Petition His Majesty That he would be pleased to forbear to confer any honour upon the Person of the Lord Digby who hath deserved so ill of the Parliament An Order for the speedy raising the Mony for disbanding the Army according to the Act of Parliament Wednesday July 14. The first Printing of the Orders of the H. of Commons was this day Ordered by the House of Commons to be Printed by the King's Printers The Order following about the Lord Digby's Speech to be presented to their Lordships at a Conference WHereas upon the 21 of April last past Orber about the L. Digby's Speech there was a Speech spoken in the House of Commons at the passing of the Bill of Attainder of Thomas Earl of Strafford by the Lord Digby then a Member of the said House the which Speech contained in it matters Vntrue and Scandalous as they have reference to the Proceedings of the Committees of the Lords House and this and to the Evidence of the Witnesses produced in that Cause And whereas the said Speech was published by the Lord Digby after the said Bill of Attainder was past by Vote in this House and after that great offence was taken to the said Speech and the same questioned in the House to the scandal of the Proceedings of this House and is since come forth in Print to the scandal of the Proceedings of His Majesty and both Houses of Parliament It is therefore this day Ordered by the said House That all the said Books so Printed shall be publickly burnt on Friday next part of them in the New Palace-Yard at Westminster the other part of them in Cheap-side London and the rest in Smithfield by the hands of the Common Hang-man And to that purpose the Bailiff of Westminster and the Sheriffs of London and Middlesex respectively are hereby required to be Assistant to the effectual Execution of this Order and see the said Books burnt accordingly And it is also Ordered by the said House That the Master and Wardens of the Company of Stationers do their utmost endeavours to collect all the said Books into their hands remaining now dispersed among their Company and others and forthwith deliver them to one of the Sheriffs of London to be burnt according this Order And all others who have any of the said Books are hereby required forthwith to deliver them to one of the Sheriffs of London or Bailiff of Westminster as they will undergo the displeasure of this House in doing the contrary to be burnt according to this Order The ingrossed Articles against the Bishop of Ely were read Upon his Petition and Submission to the House Mr. Mr. Whittacre released from the Tower Pym Reports the Conference about the Q. Journey to the Spaw Whittacre was this day discharged from his Imprisonment in the Tower Mr. Pym Reports the Conference with the Lords about the Queen's Journey That the Lords had agreed to the Propositions and had resolved to send a number of their House to desire His Majesty to be pleased to appoint some time when such a certain number of both Houses as he shall think fit may attend him touching this business and that if he please the Queen to be prefent The Lords appointed to wait upon the King to know his pleasure herein were Lord Steward Lord Chamberlain Earl of Bath Earl of Bedford and Earl of Essex An Act for the Confirmation of the Subsidies granted by the Clergy was this day read the Bill was once read the Preamble and Confirmation was read 3 times And afterwards being put to the Question Bill of Subsidies granted by the Clergy passed the Lords and carried down to the Commons Thursday July 15. it was consented to pass Nemine Contradicente Then the Confirmation being Subscribed by the Clerk of the Parliament Soit baille aux Comuns it was sent down to the House of Commons by Serjeant Whitfield and Serjeant Finch to pass there A Message from His Majesty by the Lord Chamberlain to acquaint the Lords that he appoints to meet both Houses at Four of the Clock this day in the Banquetting-House about the Queen's Journey which was at a Conference communicated to the Commons Heads of the Address to stop the Queens Journey YOur Majesties Loyal Subjects the Lords and Commons taking notice of an Intention of the Queen's Majesty to pass beyond the Seas whereby the Kingdom will be deprived of the comfort of Her Majesties presence they have thought good to express their humble Duties and Affections to Your Majesty and to the Royal Person of the Queen in some Considerations which they do now present unto You as they conceive very important for the good of this Kingdom and the safety and contentment of Her Majesty whose Honour and Happiness shall always have a chief place in their Estimation which Considerations are these following I. First there is great Cause to doubt lest the Papists have some Design upon Her Majesties Journey because the House hath been informed that divers of them have sold off their Lands to a great value and used other means to get ready mony 2. It is observed some of them have been very diligent gathering great quantities of Gold 3. It is informed that more then ordinary numbers of Papists are gone beyond Sea already and those of the better sort II. The great number of English Fugitives now beyond the Seas who by their late Designs and Practices are known to be full of Malice to the State and will no doubt seek all opportunities of access to Her Majesty and as much as they can labour to infuse into her such evil Counsels as may trouble the Peace of the Kingdom whereof at this time there is more danger because the Affairs of the Kingdom are not yet fully setled and upon the Disbanding the Army all Parts are like to
think fit and to direct a Course for the Licensing the Sale thereof to the best improvement yet so as to take care to prevent the bringing in Vnsound Tobacco Then he offered the Contract of Carpenter Bartholomew Peatly and others for 11 Years at 5000 l. the first 5 Years and 10000 l. the Six last freed from Custom and paying only 3 d. Impost In which he did nothing but with the assistance of the Council there That there was an Act of Parliament in agitation to settle it in the Crown That he always judged a Proclamation Lawful till a Parliament confirms it As to the Punishments they were for Perjury and in terrorem and where it is objected That it is not sold at Reasonable Rates the Contractors are to Justifie themselves and he doubts not but they can That to the vast profit of 100000 l. it is admirable for at his coming away the Contractors were 6000 l. out of purse and for his gains by the Customs he dealt freely they were about 4 5 or 6000 l. per annum better then the Rent which he thinks is not considerable in the Charge of Treason He told their Lordships that he could not give a particular account the Ministers had been so dealt withal laid in prison and abused if you will speak of a Tyrannical and Arbitrary way of Government At which Expression exceptions were taken but he explained it of Ireland not of things here for which he produced two Orders for the seizure of his Goods concluding it was at worst but a Monopoly and that he never heard was judged Treason To which Mr. Maynard replied Managers Reply That this was no good service to His Majesty that when the Commons shall desire something may be done therefore any thing may be done and that it was never their Intention to put such Cruelties upon the Subject that his Majesties Letter was upon misinformation that if it had been so a Monopoly set up in England could not justifie the setting up one in Ireland that his Crime was the greater by endeavouring to justifie it under a name so Sacred as his Majestie 's That though a Proclamation hath a Temporary Power yet not to take away the Goods of the Subject This Day the 13th Article was read Article 13. Thursday April 1. Article was read wherein the Earl of Strafford was Charged with putting the Natives of Ireland upon working of Flax in a way unknown to them and seizing their Goods upon pretence of their disobeying his Orders to his own Vse whereby Thousands were undone To prove this his Proclamations were read as also a Warrant to one Benjamin Croky and his Deputy Witnesses Benjamin Croky Sir John Clotworthy to seize all Yarn made contrary to Proclamation To this Benjamin Croky sworn deposed That he did seize Yarn and it was taken from him by one Joseph Carpenter who converted it to my Lord's Looms Sir John Clotworthy deposed That he saw the Proclamation and Warrant being a Justice of Peace and Examined several People who were abused which Examinations he sent to the Lord-Deputy for which he was severely threatned and hardly Escaped being sent for by a Serjeant at Arms that upon these Proclamations the Markets were deserted and they sold it privately to avoid seizure thereupon the Officers came to him for assistance and threatned the Constables and broke open Chests that he took away the Yarn from them and restored it to the Proprietors That this made great Disorders and many People were starved losing all they had provided for their half Years Rent The Lord Ranulagh deposed That at Athlone Complaints were made to him of one Dennis who had seized a great quantity of Yarn that conceiving it an abuse he sent a Gentleman to inform the Lord Deputy to whose Intention he thought this proceeding not agreeable and that my Lord withdrew the Warrants Then part of the Remonstrance of the Commons in Ireland was read shewing That the Pursivants by seizing the Yarn destroyed the Market that the Merchants meeting the People at private Houses they way-layd them and took away their Yarn and Cloth seizing on all not leaving the poor people so much as to cover their nakedness That they took away their Iron Pots upon a pretence of another Proclamation and by this cruelty exceeding Pharoah their poor Children were forced to eat Grass with the Beasts where they lay down and died by Thousands as will be proved by 20 Thousand That the Judges procured the Lord Lieutenant to Recall the aforesaid Proclamations Mr. Fitzgarret deposed Mr. Fitzgarret That Yarn and Cloth were the staple Commodities of Ulster that the Proclamation and Execution of it impoverished that whole Province That the Officers used extreme cruelty and that one Dr. Cook told him he thought in his Conscience many Thousands were Famished To this the Earl answered The Earl's Defence Here was something like oppression but nothing like Treason That the Intention of these Proclamations was the Improvement of the Manufacture for the good of the Kingdom and to take away abuses That however the Proclamations are not his single acts but of the Deputy and Council That he conceives they had Power to bring them to the English Customs as in other Cases of drawing by the Horse tails burning the straw to get out the Corn and such Irish Customs That his principal design was to prevent the prejudice of the Woollen Manufacture of England the Wool of Ireland increasing and he thought to set up the Linnen Trade would advance Ireland and not prejudice the clothing Trade of England That he lost 3000 l. by attempting it that he cannot be accountable for the abuses of the Officers of whom Croky was the chief now a Witness against him as my Lord Ranulagh has informed their Lordships That he cannot conceive so many Thousands should be starved by his Looms when the whole yearly value came not to above 16 or 1700 l. He is sorry for that Remonstrance of the Commons thinking he had merited a better opinion from that Kingdom and having a little fortune there honestly got could not but wish well to it and he hoped when misinformations were cleared still to regain their good esteem where to the best of his Conscience he had done Justice and deserved well That Mr. Fitzgarret speaks by Report which is no proof and the Commons Remonstrance being but a Charge and not upon Oath he conceives cannot be the proof of a Charge concluding as he began That there might be oppression in the Execution but nothing of Treason in himself or the rest of the Council Mr. Maynard replyed That he was still striking the same string Managers reply no Treason though a high and wilful overthrow of the fundamental Rules of Justice in the Kingdom was evident that a good intention is no excuse to the taking away mens Goods and applying them to his own Vse that the good Company he speaks of is only to
upon the Coyn all his intentions yea his preparations will not serve to make up a Charge of Treason And this under favour may serve to answer the Case of Guido Faux lately objected unless it be alledged that the Lord Strafford had as real an intention against the King's Life as Faux had for though the Intention in that Case be Treason by the Statute yet in all other things there is no Treason without the Action so immense and vast a Difference both is and ought to be betwixt a Project against the Royal Blood and all things else of a lower and inferiour Nature You see then My Lords that the body of the Statute cannot strike against the Lord Strafford neither in letter nor consequence this is not that must not be All that can be said is That yet his Fact may be Treason by the Common Law For my part I profess my Ignorance who ever thought the Common Law might declare but never make a Treason that is it must be presupposed that there is a Statute whereupon to build the Declaration and therefore to say that there is no Statute for it is to say it is no Treason at all The Statute ever makes the Treason and to be declared to be Treason either by Common Law or by Parliament are but two different ways of proceeding and must both resolve into one Principle nay and which comes home to the point in the 21 Ed. 3. to kill a man imployed in the King's War was Treason and 23. to kill the King's Messenger was Treason by Declaration of the Common Law but alwayes by reason of the Statute yet none of these are now Treason but Felony only by reason of the intervening Statute of 25 Ed. 3. Such hath ever been thought the force of its Letter and Declaration And so I leave it and will speak a word or two of the Salvo which is That because all Particulars could not be then determined therefore what the King and his Parliament should declare to be Treasonable in time to come should be punished as Treason And according to this Reservation in the 8 Ric. 2. one M was charged before the Kings-Bench and afterwards referred to the Parliament and there though the Fact was not contained in the Body of the Statute yet because of the Proviso it was adjudged Treason In the 11th Year of the same King the Duke of Ireland and Nevil Archbishop of York were impeached of High Treason by Glocester Arrundel and Warwick and notwithstanding the Statute were convicted thereof by the Salvo But in the 21 of the same Rich. 2. the Tide turned and the King had such a hand with the Parliament that the Sentence was recalled and those three Noblemen themselves were adjudged Traytors Again in the First Year of H. 4. his Successor that Revocation of the 21 Rich. 2. was repealed and the Sentence of the 11th of his Reign Re-established such were the Tossings to and fro of Treason and all because of that uncertain Proviso Therefore it was that in the same Parliament 1 H. 4. a Petition was preferred by the Nobility to have Treason limited within some Statute because they knew not either what to speak or what to do for fear thereof And in Chap. 10. an Act was made upon this Petition That that Salvo should be holden Repealed in all time to come and nothing Esteemed Treason but what was literally contained in the Statute 25 Ed. 3. And then it is said in the Record that there was great Joy at the making of this Act in that the drawn Sword hanging over every man's head by this slender thread of a Consequence or Illation was removed by that Act. Add to this that 1 Mariae c. 1. the same is repeated that No man shall be punished in Life or Estate as a Traitor but for the Crimes contained in the Statute 25 Ed. 3. without the least mention of the pretended Salvo The Earl of Northumberland 's Case comes nigh to the point he was charged with Treason 5 H. 4. and if the Statute of 1 H. 4. c. 10. whereby the Proviso is repealed had not intervened no doubt he had been condemned of Treason but he was convict of Felony and that because he could not be drawn within the Letter of that Statute 25 Ed. 3. and I dare confidently say it That since that Act made 1 H. 4. c. 10. whereby the Proviso is repealed no man hath ever been declared a Traitor either by the King or Parliament except it were upon that or some other Statute litterally and declaratively taken These two things I do offer to your Lordships Consideration that the Lord Strafford cannot be Impeached of Treason by the Statute of 25 Ed. 3. and that the Salvo contained in the same stands repealed almost 200 Years ago And this is all I conceive to be necessary for that Statute which was alledged by the Lord Strafford in his Defence for matter of Law Then the Recorder Mr. Gardener spoke something to this purpose That what was spoken upon that Statute was because it seemed inseparable from the matter of Fact That they could proceed no further till a state were afforded to them That to do otherwise they conceived might be Exceeding prejudicial to the Earl of Strafford 1. In regard that they should suppose that to be done which is not proved to be so 2. That the matter of Law ariseth so naturally from the matter of Fact that it will be impossible to separate them one from the other 3. That it is the Course of all Judicatures first to settle the Verdict and upon that to fix the Arguments otherwise he could conceive no possible Way of Proceeding and therefore in the Lord Strafford 's name he most humbly intreated their Lordships either wholly to determine the matter of Fact not whether Treason or not for then all after-Proceedings in Law were unnecessary but whether done or not done or else to give them some states of the Question whereunto they might conform themselves Whereupon the Court adjourned But the Commons were resolved to pursue another Method and nothing now would do but the Bill of Attainder Munday April 19. and accordingly upon Monday April 19 it was Resolved upon the Question That the Endeavour of Thomas Earl of Strafford to Subvert the Antient and Fundamental Laws of the Realm of England and Ireland and to introduce an Arbitrary and Tyrannical Government against Law in Both these Kingdoms is High Treason By which Vote they not only precluded all further Argument as to matter of Law but made themselves Accusers Parties and Judges both as to Matter of Fact and Law also Upon Wednesday Wednesday April 21. Bill of Attainder of the E. of Strafford read thrice in one day and passed the Commons April 21. the Bill of Attainder was twice read in the Morning with the Amendments and ordered to be ingrossed and so eager were they in the Prosecution that it was read again in the
Afternoon and the House was divided upon it the Lord Digby and Mr. Lloyd tellers for the Years Sir Gilbert Gerrard and Sir Thomas Barrington tellers for the Noes with the Noes were 59 with the Yeas 204. so the Bill passed the House of Commons being thrice read in one Day and Mr. Pym by Order of the House carried it up to the Lords with a special Recommendation to their Lordships to give it all Expedition in regard of the great Importance acquainting them That the Commons would be ready to Justifie the Legality of the Bill But notwithstanding the Tide run with that impetuous Violence against this Noble Lord that to oppose it must hazard drowning and that doubtless Fear carried as many down the stream as Judgment yet so great was the Power of his Innocence and the Force of Truth that even the Lord Digby one who while he thought him Criminal was his severest Accuser yet discerning the unjust practices against the Earl he became his Advocate though all the advantage he got was by generously endeavouring to save the Lord Strafford he lost his own Esteem both in the House of Commons and among the Faction and from that moment became their declared Enemy by being a Bold Friend of Truth and Justice So it happens while men out of too much Popularity court or follow a Faction they kindâ—â— a fire which when they would quench they perish in those Flames which they help'd to blow up However this Speech of the Lord Digby's gives a clear light into the Dark Contrivance which brought this Great Life to an untimely Period and was as followeth Mr. Speaker WE are now upon the point of giving as much as in us lies the Final Sentence unto Death or Life on a great Minister of State and Peer of this Kingdom The Lord Digby's Speech at the passing the Bill of Attainder against the Earl of Strafford Apr. 21. Thomas Earl of Strafford a Name of hatred in the present Age by his practices and fit to be made a Terrour to future Ages by his Punishment I have had the Honour to be Imployed by the House in this great business from the first hour that it was taken into Consideration It was matter of great Trust and I will say with confidence that I have served the House in it both with Industry according to my ability and with most exact Faithfulness and Secrecy And as I have hitherto discharged my Duty to this House and to my Country in the Progress of this Great Cause so I trust I shall do now in the last period of it to God and to a good Conscience I do wish the peace of that unto my self and the blessings of Almighty God to me and my Posterity according as my judgment on the life of this man shall be consonant with my heart and the best of my understanding in all Integrity I know well Mr. Speaker that by some things I have said of late whilst this Bill was in agitation I have raised some prejudices upon me in the Cause Yea some I thank them for their plain dealing have been so free as to tell me that I suffered much by the backwardness I have shewn in this Bill of Attainder of the Earl of Strafford against whom I had been formerly so keen and so active Mr. Speaker I beg of you and the rest but a suspension of Judgment concerning me till I have opened my heart unto you freely and clearly in this business Truly Sir I am still the same in my Opinions and Affections as unto the Earl of Strafford I confidently believe him the most dangerous Minister the most insupportable to free Subjects that can be charactered I believe his Practices in themselves have been as High as Tyrannical as any Subject ever ventured on and the malignity of them are hugely aggravated by those rare abilities of his whereof God hath given him the use but the Devil the application in a word I believe him still that grand Apostate to the Common-wealth who must not expect to be pardoned in this World till he be dispatched to the other And yet let me tell you Mr. Speaker my hand must not be to that dispatch I protest as my Conscience stands informed I had rather it were off Let me unfold unto you the mystery Mr. Speaker I will not dwell much upon justifying unto you my seeming variance at this time from what I was formerly but by putting you in mind of the difference between Prosecutors and Judges How misbecoming that fervour would be in a Judge which perhaps was commendable in a Prosecutor Judges we are now and must put on another Personage It is honest and noble to be earnest in order to the discovery of Truth but when that hath been brought as far as it can to light our judgment thereupon ought to be calm and cautious In prosecution upon probable Grounds we are accountable only for our industry or remisness but in judgment We are deeply responsible to God Almighty for it's Rectitude or Obliquity in cases of Life the Judge is God's Steward of the Partie's blood and must give a strict account for every drop But as I told you Mr. Speaker I will not insist long upon the Ground of Difference in me now from what I was formerly The truth on 't is Sir the same Ground whereupon I with the rest of the Five to whom you first committed the Consideration of my Lord Strafford brought down our Opinion That it was fit he should be Accused of Treason upon the same Ground I was engaged with earnestness in his Prosecution and had the same Ground remained in that force of belief with me which till very lately it did I should not have been tender in his Condemnation But truly Sir to deal plainly with you that Ground of our Accusation That Spur to our Prosecution and that which should be the basis of my judgment of the Earl of Strafford as unto Treason is to my understanding quite vanisht away This it was Mr. Speaker His advising the King to employ the Army of Ireland to reduce England This I was assured would be proved before I gave my consent to his Accusation I was confirmed in the same belief during the Prosecution and fortified in it most of all since Sir Henry Vane 's preparatory Examination by the assurances which that worthy Member Mr. Pym gave me that his Testimony would be made convincing by some Notes of what passed at that Junto concurrent with it which I ever understanding to be of some other Councellor you see now prove but a Copy of the same Secretaries Notes discovered and produc'd in the manner you have heard and those such disjoynted Fragments of the Venomous part of Discourses no Results no Conclusions of Counsels which are the only things that Secretaries should Register there being no use at all of the other but to Accuse and to bring men into danger But Sir this is not that which overthrows
the Report The Limitations were That all those who had suffered damage by the Customers either in Goods or otherwise might notwithstanding this Composition take their remedy at Law for Reparation And that the petty Customers should also come in upon Composition and then have the benefit of the Act of Oblivion An Order was also sent to the Master and Wardens of the Company of Vintners to command that notice be given to the whole Company that the Patent of Abel and Kilvert being Voted Illegal they should sell their Wines as formerly viz. French Wines at Six-pence per Quart and Spanish Wines at Twelve-pence the Quart This day a Commission was presented to the House of Lords Several private Bills passed by Commission directed to the Lord Privy Seal Lord Great Chamberlain and to Earl Marshal or any two of them to give the Royal Assent to three private Bills viz. One Entituled An Act to enable the Marquess of Winton to grant Estates for three Lives or 21 years c. of Lands in the County of Southampton c. reserving the old Rents Another Entituled An Act for Naturalization of Dorothy Spencer Daughter of Henry Lord Spencer Baron of Wormleighton And the third Entituled An Act for the enabling a Sale and Leasing of Lands for payment of the Debts of Thomas late Earl of Winchelsea The Lords Commissioners in their Robes sitting upon a Form set across the House between the State and the Keeper's Woolsack the House of Commons being sent for came with their Speaker then the Clerk of the Parliament presented upon his knee the Commission unto the Lords Commissioners and the Lord Privy Seal after he had acquainted the Peers and the House of Commons with his Majesties pleasure herein he delivered the Commission to the Clerk of the Parliament who carried it to his Table and read it which being done the Clerk of the Crown read the Titles of each Bill severally after which the Clerk of the Parliament pronounced the Royal Assent severally and then the Commons returned to their own House The Commons being returned Mr. Taylor a Barrister Thursday May 27. Mr. Taylor Burgess for Windsor expelled the House and Burgess for the Burrough of Old Windsor was expelled the House and Voted uncapable of ever being a Member of Parliament to be committed Prisoner to the Tower during the pleasure of the House to be carried down to Windsor there to make publick Recantation of what he had spoken and from thence to be returned back to the House of Commons to receive further Sentence And it was Ordered That a Writ should be presently issued out for a new Election in his Room The words for which he was Expelled and thus severely treated were attested by John Hall Mayor of Windsor Mr. Broughton and Mr. Waller That Mr. Taylor should in discourse about the death of the Earl of Strafford say That the House of Commons had not his Vote to the Bill of Attainder against Thomas Earl of Strafford for that to do it before the Lords had finished the Trial upon the Articles of Impeachment Exhibited by the Commons against him was to commit murther with the Sword of Justice An Act for the utter abolishing and taking away of Arch-Bishops Bill for Root and Branch read twice Bishops their Chancellours and Commissaries Deans Deans and Chapters Arch-Deacons Prebendaries Chanters and Canons and other Under-Officers out of the Church of England was read the first time and upon the debate of the House for a second reading the House was divided Yeas 139 Noes 108 so the Bill was read the second time and committed to a Committee of the whole House A Bill was also read the first time for granting to his Majesty the Duty of Tonnage and Poundage Bill for Tonnage Poundage read twice Holmer the Printer bailed and a second time in the Afternoon This day Holmer the Printer who was committed to the Gate-house for printing an Elegy upon the Earl of Strafford which then were called scandalous Verses was admitted to Bail An Estimate of the Debt of the Kingdom was this day brought into the House by the state of which Account it appeared Friday May 28. The state of the publick Debts Bill for raising mony and disbanding the Armies read a second time Bills against H. Commission Court and Pluralities engrossed Saturday May 29. That there was a Debt of seven hundred seventy three thousand nine hundred pounds due to the two Armies the City and several private persons who had lent mony upon Parliamentary Credit which brought on the Consideration of the Bill for Raising Mony and Disbanding the Armies which was read a second time Mr. Rigby Reports the Bills for taking away the High Commission Court and against Pluralities with the Amendments which were both Ordered to be engrossed Little of moment passed this day in the Commons House most of it being spent in debates about Raising Mony to defray the great Debt into which the Kingdom was plunged by the coming in of the Scottish Army to be assistant in the Glorious Reformation of Religion and Establishment of the Subjects Liberty for which guilded Words the Nation was to part with their real Treasure And it was but an untoward Omen how expensive these great Patriots were like to prove for the future who began so early to shew the People that little less than a Million of Mony must be laid down as the Earnest for this imaginary purchase It was this day Ordered Several Lords examined about the Conspiracy of the Army That the Earls of Newcastle and Carnarvan and the Lord Bishop of Chichester shall be attended with this Order and that their Lordships be desired to repair unto the Lords Committees appointed by this House to take the Examinations concerning certain late practises concerning the Army in the North at Two of the Clock this Afternoon at the Lord Keeper's Lodgings near the Parliament House to be examined by them A Case having been depending between Thomas Nash Nash and Kynnaston's Case determined in a Writ of Error and Charles Kynnaston about Errors in a Writ of Error and Council having been fully heard at the Bar of the Lords House on both sides their Lordships Voted the said Errors alledged by the Plaintiff Nash to be frivolous and thereupon awarded the following Order upon it In Suprema Curia Domini Regis Parliament ' Inter Thomam Nash Quer ' Carolum Kynnaston Defendentem in placito transgr ' ejectionis Firmae Super quo visis premissis per Cur ' Parliament ' Domini Regis nunc hic diligent ' Examinat ' plenius intellectis tum Record ' Process ' predict ac Judic ' predict ' super eisdem Reddit ' quam predict ' Causa pro Errore prodict ' predict ' Thom ' in Forma predict ' assignat ' allegat ' videtur predicta suprema Curia Parliament ' hic quoad Record predict in nullo vitiosum aut defectivum
look to the repair and for the decoration thereof as is also elsewhere enjoyned 2. To preserve Discipline and Holy Rites 3. To be adjuments or assistants to the Bishops in Cathedrals as be the Archdeacons abroad Part of which Assistance is as seemeth to preach for them but the Bishops will excuse them that service as too painful nay forbid it as too dangerous but though they will not busie themselves in preaching yet have they leisure to be inventive and operative in poor beggerly toys and trifles which neither bring Honour to God nor good to the Church and People their Preaching and godly Life did anciently winn the Peoples Hearts to love God and them as his Ministers whom they received as Angels of God Ambassadors from Heaven Humility Piety and Industry laid the Foundation of all those magnificent Structures Dignities Titles Places Revenues and Priviledges wherewith the Church-men were anciently endowed what hath or is likely to demolish them is easie to conjecture King James hath delivered it in these Words The natural sickness that hath ever troubled and been the decay of all Churches since the beginning of the World hath been Pride Ambition and Avarice and these Infirmities wrought the overthrow of the Popish Church in this Country and divers others but the reformation of Religion in Scotland was extraordinarily wrought by God though many things were inordinately done by such as blindly were doing the Work of God Thus far that wise and religious Prince But lest I should forget a principal part of the Office Church Musick it shall have here the first Place the rather for that as I read the first coming in thereof was to usher Antichrist for I do find in my reading that Anno Dom. 666. the Year that was designed or computed for the coming of Antichrist Vitalian Bishop of Rome brought into the Church singing of Service and the use of Organs c. As we read in Plat. Baleus and others in the life of Vitalian who therefore was called the Musical Pope although at that time there was greater occasion of Sorrow the Longobards having entred and wasted Italy and therefore fasting and praying had been more proper then Musick and melodious singing Hereupon saith mine Author ignorance arose among the People lulled as it were asleep by the confused noise of many Voices This carried colour of advancing Devotion although it was no better as the case then stood then the Altar erected to the unknown God Acts 17. Hereby the Key of Knowledg was hid Luke 11. When the common People understood not what was sung and the heat of Zeal was quenched in Men of understanding whose Ears were tickled but Hearts not touched whilest as Saint Augustine complaineth of himself so most were more moved by the sweetness of the Song then by the sense of the Matter which was sung unto them working their bane like the deadly touch of the Aspis in a tickling delight or as the soft touch of the Hiena which doth infatuate and lull asleep and then devoureth if Service in the Latine or unknown Tongue whereof the simplest People understood somewhat was justly censured certainly this manner of singing Psalms and Service whereof the most learned can understand nothing is to be condemned I dislike not singing though by Musick of Organs and other Instruments but I wish that what is sung may be understood and as Justinian the Emperor commanded all Bishops and Priests to celebrate Prayer with a loud and clear voice non tacito modo that the Minds of the Hearers might be stirred up with more Devotion to express the Praises of God so wish I that Service and Psalms may be so Read and Sung that they may be understood and so edify the Mind as well as please the Ear. Now I am to declare that this Office doth neither tend to the Honour of God the propagation of Piety the advancement of Learning or benefit of the Common-weal but to the contrary as I have delivered rather to the dishonor c. But the Day being so far spent I will not assume too much boldness to press upon your Patience for further hearing thereof but will crave leave for further rendring thereof at fitter opportunity and for better conveniency In the Lords House the Lord Bishop of Winton reported the Conference delivered from the House of Commons touching the Canons made at the late Synod Then the Votes of the Commons being read The Lords Votes about the Canons the same with the Commons the Lords Voted the same verbatim viz. Resolved upon the Question That the Clergy of England convented in any Convocation or Synod or otherwise have no Power to make any Constitutions Canons or Acts whatsoever in matter of Doctrine and Discipline or otherwise to bind the Clergy or the Layety of this Land without Common consent of Parliament Resolved c. nullo contradicente That the several Constitutions and Canons Ecclesiastical treated upon by the Archbishop of Canterbury and York Presidents of the Convocations for the respective Provinces of Canterbury and York and the rest of the Bishops and Clergy of those Provinces and agreed upon with the Kings Majesties Licence in their several Synods begun at London and York 1640 do not bind the Clergy or Laity of this Land or either of them Resolved c. That these Canons and Constitutions Ecclesiastical treated upon by the Archbishops of Canterbury and York Presidents of the Convocations for the respective Provinces of Canterbury and York and the rest of the Bishops and Clergy of those Provinces and agreed upon by the Kings Majesties Licence in their several Synods begun at London and York in the Year 1640 do contain in them many matters contrary to the King's Prerogative to the Fundamental Laws and Liberties of the Realm to the Right of the Parliaments to the Property and Liberty of the Subjects and Matters tending to Sedition and of a dangerous Consequence Resolved c. That the several Grants of the Benevolence or Contribution granted to his Majesty by the Clergy of the Provinces of Canterbury and York Anno Domini 1640 are contrary to the Law and ought not to bind the Clergy This Day also a Bill against Ship-Money was read the first time Mr. Mr. Tailor discharged from the Tower Saturday June 12. Order about Disbanding the Army Tailor late Burgess of Windsor was also this day discharged from the Tower The Commons fell upon the Consideration of Disbanding the Army and it was Ordered That the Souldiers should be allowed Eight pence for every Fifteen Miles to be conducted 300 in a Company homewards and not more their Arms to be all taken from them and laid up at York Hull and other Convenient Places the Scots and English to be Disbanded at the same time A Petition was read Sir will withrington and Mr. Herbert Price Petition the House wherein Sir William Withrington and Sir Herbert Price made their humble Submission to the House and desired to be
the Commons House Thursday June 17. by which it will appear at what a Rate the Reformation was to be purchased when the first Account Run so high  l. It appeared that there was due to the Kings Army The State of the Account of the Armies 462050 There hath been paid to the Kings Army 150000 Rests due to the Kings Army 312050 There is due to the Scottish Army 216750 Due to the Scots for Shipping 4000 Total due to the Scots 220750 There hath been paid to the Scots 105000 Rests due to the Scots 115750 Total due to English and Scots 427800 Brotherly Assistance to be paid presently 80000 To pay this there is in View  Due from the Customers upon Composition 150000 Due from the Petty-Customers Composition 15000 From the City promised to be Lent 40000 Total 205000 To be provided more 302800 Off the Old Subsidies 300000 New Subsidies 400000 Customers 165000 Total raised and to be raised 865000 The Debate about the poll-Poll-Bill was this Day agitated in the House of Commons whereupon it was agreed Friday June 18. That every Duke shall pay 100 pounds Every Marquess 80 pounds Votes and Rates of the Poll-Bill Every Earl 60 pounds Every Viscount 50 pounds Every Lord 40 pounds Every Bishop 60 pounds Every Dean 40 pounds Every Canon Residentiary 20 pounds Every Prebendary 10 pounds Every Rector for 100 l. per annum 5 pounds Every Baronet and Knight of the Bath 30 pounds Every Knight 20 pounds Every Esquire 10 pounds Every Gentleman of 100 l. per annum 5 pounds Aldermen of London the same Rate with Knights And for other Persons all above the Age of 16 Years Except such as receive Alms to pay 12 pence per pole Recusants of all Ranks to pay double Lord Mayor of London 40 pounds Aldermen Knights 20 pounds Aldermen Deputies 15 pounds Common Council men 5 pounds Master and Wardens of the 12 Companies 10 pounds Every one of the Livery 5 pounds Master and Wardens of the other Companies and such as have fined for Master or Wardens 5 pounds Every one of the Livery 50 shillings Every Freeman of the 12 Companies 20 shillings Every Freeman of the other Companies except Porters and Watermen 20 shillings Every Merchant Stranger being a Knight 40 pounds Every Merchant Stranger at Sea 10 pounds At Land 5 pounds English Merchants in Land not Free 5 pounds Factors 40 shillings Handicrafts-men Strangers 2 shillings per pole If House-Keeper or Papist 4 shillings Widows according to the Degrees of their Husbands Serjeants at Law 20 pounds Kings Serjeants 25 pounds King Queen and Princes Council 20 pounds Dr. of Law and Physick 10 pounds If Papists 20 pounds Arch-Deacons 15 pounds Chancellors and Commissaries 15 pounds Every man of 100 pounds 5 pounds Every man of 50 l. per annum 50 shillings Every one that can dispend 20 pounds per annum 5 shillings Saturday June 19. Bill against Pluralities and Non-residence passed the Commons The Bill against Pluralities and Non-Residence was this day read the third time in the Commons House and being passed was carried up to the Lords for their Assent By this Act it was provided That whosoever had two Livings should before the 21 of September next following resign one of them And that if any Clergy-man should be absent at any time 60 days from his Living he should ipso facto forfeit it A Message was brought from the House of Commons by John Hampden Esq The Bill a-against Pluralities brought up to the Lords who brought up a Bill which had passed the House of Commons Entituled An Act against the enjoyment of Pluralities of Benefices by Spiritual Persons and Non-residence And desires that their Lordships would give such dispatch to the Three Bills lately sent up 1. Concerning the Star-Chamber and the Privy Council 2. Concerning the High Commission Court The Third Concerning disarming of Recusants as may stand with their Lordships conveniency Upon which the said Bill was read the first time Bill against Ship-Money read a second time The Bill of Tonnage and Poundage passed the Lords House The Bill against Ship-mony was also read a second time This day was read the third time the Bill Entituled An Act of a Subsidy granted to the King of Tonnage and Poundage and other Sums of Mony payable upon Merchandzie Exported and Imported And being put to the Question it was Resolved Nemine Contradicente to pass as a Law and the L. Great Chamberlain L. Steward L. Chamberlain E. Holland were appointed from this House to move his Maiesty to appoint a time to give his Royal Assent This day Colonel Goring was again Examined by the House upon several Interrogatories Monday June 21. Goring further Examined upon which he deposed That Sir John Suckling first told him of that design about the middle of Lent last and that afterwards meeting with Mr. Jermyn he desired that he would meet him at White-hill on the Queens side for that he was to speak with her Majesty and would confer with him concerning the Army where meeting at the Queens drawing Chamber her Majesty told him the King would speak with him whereupon meeting with the King his Majesty told him that he was minded to set his Army into a good Posture being advised thereto by my Lord of Bristol as he said and his Majesty then commanded him to joyn with Mr. Percy and some others in that business Now because hereafter when the Faction flew out into open Rebellion they did endeavour to improve this into a scandal against the King as if he were in the design to bring up the Army against the Parliament thereby to render him odious to his Subjects and especially the Nonconformists who made the House of Commons their great Idol the Reader is desired to compare this Passage of Goring's Deposition wherein he tacitly seems to bring the King in as the Author of his entring into the Confederacy whereas in that first confession of his he gives an account that he fell in among them upon the account of the Discourse of endeavouring the redress of the Grievances of the Army and that thereupon finding them full of discontents and as he thought entring upon Resolutions of dangerous Consequence to the Common-wealth and his Majesties safety he continued his Correspondency with them and took the Oath of Secrecy purposely with an intention to disclose the matters and discover them to the Parliament in proof of which original intention of his Confederating with them he tells us He had before-hand provided for his own security by imparting the matter to some great Lords telling them that in a little time he should have occasion as he thought to acquaint them further with some things of great importance The House was this day Resolved into a Grand Committee of the whole House upon the Debate of the Root and Branch Bill Monday June 21. upon which occasion Sir Edward Deering made this following Speech as I find
Affection to My People as I desire My People should shew to Me and not only so but likewise in Eschewing all Occasions of Dispute and in seeking to remove Jealousies And for this particular Bill you cannot but know that I do Freely and Frankly give over that Right which My Predecessors have ever Esteemed their own though I confess disputed yet so as it was never Yielded by any of them Therefore you must understand this as a mark of My Confidence in you thus to put My Self wholly upon the Love and Affections of My People for My Subsistence and therefore I hope in the perfecting of this you have begun you will go on the more Cheerfully And as for those Rumors which have bred Suspitions concerning the Army though I have heard some loose Discourses touching it which I never understood otherwise than as having Relation to the Scottish Army or preventing Insurrections yet they were so slight of themselves that they vanished by their own lightness within few dayes after they were born And therefore having shewed you my Clearness in this I will leave you with the Assurance That I never had other Design but to win the Affections of my People by the Justice of my Government With this flattering Eloquence did they endeavour to impose upon the gracious Inclinations of his Majesty who did in all things apply himself to oblige them representing themselves as most tenderly concerned for the Support of his Royal Crown and Dignity by this small Supply which was in reality nothing more than raising mony by his Royal Authority towards defraying a Debt which they had drawn upon the Nation by the burdensome maintenance of the Army of their Brethren of Scotland Dr. Leighton another such Turbulent Presbyterian as Prin Wednesday June 23. Dr. Leighton inlarged from his Imprisonment in the Fleet. A Bill for punishing Scandalous Ministers read the first time Burton and Bastwick who for his affronting the Government was committed Prisoner to the Fleet was this day by order of the House of Commons inlarged from his Imprisonment A Bill was this Day read the first time for the punishing of Scandalous Ministers By which as it afterwards appeared they intended the Loyal and Orthodox Clergy for indeed to stand up for the Established Government of the Church to defend the Liturgy to maintain the Royal Prerogative or to speak any thing against the violent proceedings of the Parliament for Extirpation of Episcopacy were the greatest Crimes and Scandals in the World against which neither Learning nor Priety were the least Defence A Bill for taking away the Court of Requests read the first time A Bill was also read the first time for suppressing and abolishing the Court called the Court of Requests The King had now upon the pressing importunities of the Scottish Commissioners and in hopes by his presence there at the Parliament to Compose the Affairs of that Kingdom resolved upon a journey into Scotland This sudden turn put the Faction in England to a strange perplexity They were very jealous and fearful lest the King coming to a perfect accommodation with his Subjects of Scotland they might be defeated of the hopes of that Brotherly assistance which they expected from them and which they had purchased at so dear a Rate and that the want of their help might prove a mighty obstacle to the intended progress of their Reformation of the Church and State in England But Mr. Pym who never wanted a Letter of dangerous Consequence though of his own Contrivance to help them out at a dead lift Thursday June 24. Clerk of the Markets Bill passed the Commons Bill for punishment of Scandalous Ministers read a second time Bill to prevent vexatious sults for Knighthood read a second time produced one in the House which being read he moved that a Conference should be desired with the Lords concerning the King's going into Scotland The Bill for the regulating the Clerks of the Markets being read a third time was also this day passed the House of Commons Also the Bill for punishing Scandalous Ministers was read a second time A Bill for the preventing vexatious Suits for Knighthood had also this day a second Reading Then several heads for a Conference with the Lords and several Propositions to the King before he go into Scotland were read The Cessation was also prolonged for a fortnight longer if the Treaty shall so long continue It was Ordered Cessation prolonged Father Philips the Queens Confessor sent for about a Letter intercepted going to Mr. Montague in France That Father Phillips should be sent for to attend the Committee in the Asternoon about a Letter from one Father Philips to Mr. Mountague in France The Messenger coming to White-hall and finding him acquainted him therewith Philips told him He would only go in again and eat something and go along with him But he immediately went and acquainted the Queen with his sending for by the Commons after some stay he returned and told the Messenger That he had been with the Queen who had commanded him not to go till she had spoken with the King and that he would obey her Command before that of the House of Commons Which Message being related to the House it was Ordered That a Warrant should be sent to apprehend him and bring him before the House as a Delinquent A Warrant was also directed to the Serjeant at Arms to bring the Pope's Nuncio before the House but he was not to be found The Bishop of Lincoln Reports the Conference about the Ten Propositions had this morning with the House of Commons The 10 Propositions of the Commons to be presented to the King before he goes into Scotland June 24 1641 which was delivered by Mr. Pym who spake as followeth He told your Lordships that he was Commanded by the House of Commons to present unto your Lordships their continued Care and Endeavour for the good of the Kingdom that as your affections are Vnited with them in one great End to serve God the King and the Commonwealth so your Counsels might likewise jointly Co-operate thereunto There is but one End and one Foundation of all these Affections and Counsels howbeit they spread themselves to many and several Branches for they are so Vnited and Interweaved Duties which we owe to our God our King and our Common-wealth that we cannot duely and truely serve God but thereby we serve our King nor serve God and our King as we ought without our Service to the Common-wealth And as a way to this Common and General End he was to make unto your Lordships several Propositions Because they had lately found out very Malignant and Pestiferous Designs set on foot or plotted to trouble the Peace of the Kingdom The which though they were prevented yet were still pursued which is the Reason why the House of Commons do present your Lordships with these several Propositions in Ten several Heads which have their Branches
of Aid and Supply to your Lordships in the Ancient and due Form But perhaps your Lordships will say you question not that general right we have of granting Subsidies that it is to receive its Birth and Being from the House of Commons but that in this particular case of Poll-money you expect a particular satisfaction and much more to see it proved that the Peerage of England were ever before rated in such a Bill For the first my Lords this way is an Ancient and a known way it began in the time of that Wise and Victorious Prince King Ed. 3. as appears upon Record in Rotulo Parliamenti de Anno 51. Ed. 3. Numero 19. And I assure my self neer upon three hundred years continuance is able to challenge both allowance and imitation from this present Age. During the Reign of R. 2. his Grand-child this course of raising money by the Poll was again put in practice as an advantagious and a speedy way Your Lordships shall find one example of it in the Parliament Roll de Anno 4. Rich. 2. n. 15. being almost the same with that rate and proportion granted in the time of Edward the Third But that Record which comes home to this case and is an identical president in the very particular before your Lordships to give you full satisfaction is found in Rotulo Parliamenti in Parliamento 2. for the miseries at home and the calamities abroad caused in one year sometimes two sometimes three Parliaments in those elder times de An. 2. Rich. 2. n. 14. where the Dukes Earls and Barons are all particularly rated and the Duke of Britain is there assessed as a Duke though he were a Free Prince and had only the Title of Earl of Richmond in England Nay my Lords the House of Commons at this time hath come far short of the same president in favour of the Noble Ladies for whereas the Countesses Dowagers were rated at the same proportions with Earls and the Widows of Barons at as high a rate as the Barons themselves we have now eased them of two parts of that and only charged them with the third I hope now your Lordships have seen both reason and president for our proceedings at this time you will be pleased to believe that the House of Commons will be as careful and tender of your Lordships Rights and Priviledges as of their own We know my Lords that this is the way to preserve peace and unity between us which as it is always expedient so is it at this time most necessary For the two Houses are as the two Arms of the Kingdom if we hold fast together we shall be able to Accomplish great things worthy to be transmitted to after-Ages but if we dissever and disunite we may end in ruin and calamity So much of the said Record as concerns the rating of the Nobility and Gentry is here added it being presented thus ready written at the said Conference Rot. Parliamen in Parliamento 2. de An. 2. Rich. 2. N. 14. Le Duc de Lancastre le Duc de Bretaigne chescun a x. Markes chescun Conte D'engleterre iiii l. Chescun Countesses veoves en Engleterre a tant come les Count iiiii l. Chescun Baron Baneret ou Chivaler qui poet a tant dispendere xl s. Chescun Baronesse veove paiera come Baron Banresse come le Baneret xl s. Chescun Bachiler chescun Esquier qui per Le statute deveroit estre Chivaler xx s. Chescun veove Dame feme de Bachiler on Esquier al afferant xx s. Chescun Esquire de meindre estate vi s. viii d. Chescun feme veoxe de tiel Esquire ou Marchant suffisant vi s. viii d. Chescun Esquier nient possession de terres ne chateux quest en service ou ad este armes iii. s. iiii d Captain Pollard this day Petitioned the House Captain Hugh Pollard Bailed that he might have liberty to go into the Country to visit his Father who lay very sick and was so far displeased with him upon the misfortune of his Accusation that he was afraid he would dis-inherit him and the Earl of Essex and another Lord offering to be Bail for him it was Ordered That by Warrant from the Speaker he should be delivered from the Gate-House to the Serjeant at Arms who was to take Bail of 1000 l. from himself and 500 l. apiece from his Bail Thursday July 1. Stannery Bill passed the Commons The Articles against the Judges Voted for his appearing upon Monday three weeks The Bill for Regulating the Court of Stanneries was this day read a third time and passed the Commons Mr. Hide reports the Articles against Judge Crawley Sir Humphrey Davenport Lord Chief Baron of the Exchequer Sir Thomas Trevor Baron of the Exchequer Sir Richard Weston Baron of the Exchequer which were singly Voted and ordered to be Engrossed and a Conference to be desired with the Lords and that Sir Randal Crew 's Case be then recommended to their Lordships to move his Majesty to recompence him with Honour for his Sufferings for the Publick Upon Mr. Peard's reporting of the Case of Mr. Faunt Mr. Peard Reports Mr. Faunt's Case it was Resolved c. That the Sentence in the Star-Chamber against Sir William Faunt was without ground of any thing that appears either in answer or proof Resolved c. That the said Mr. Faunt and his Father as Co-executors ought to be restored to all that was paid either by Sir William Faunt or them Resolved c. That the Cause be represented to the Lords to the end the Sentence may be reversed and the Parties restored to all that they and their Testators have paid Resolved A Vote against the Council Board c. That neither the Body of the Lords of the Council nor any one of them in particular as a Privy-Councellor hath any power to imprison any Free-born Subject except in such Cases as they are warranted by the Statutes of the Realm Engrossed Articles against Lord Chief Justice Bramston Friday July 2. Lord Chief Baron Davenport the Judges Crawley Weston Trevor and Berkley voted to be carried up to the Lords The Bills against the Court of Star-Chamber and High-Commission Court Bills against Star-Chamber c. Carried up to the Lords with the amendments passed and carried up to the Lords by Mr. Capel as also the Bill for raising Mony for the speedy disbanding the Armies and to move their Lordships to desire of his Majesty his Royal Assent to them with all convenient Expedition The Bill for the Poll-mony with the Amendments were twice read in the House of Lords and agreed to with this Memorandum Memorandum A Salvo entered by the Lords about the Poll Money That a Salvo be entred for the preserving the Priviledges of Peers of this Realm for Rating and Taxing themselves in Subsidies by Members of this House in time of Parliament This day was read a third
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
the honour and safety of the Kingdom This day the Bill Entituled An Act for the securing the True Religion The Bill for securing the true Religion c. rejected the Safety and Honour of His Majesties Person the just Rights of the Subject and the better discovery and punishment of Popish Recusants was read a Second time and after a long Debate of the House it was Resolved by the major part That this Bill be Rejected The Reader is to understand that under the glorious Title with which this Bill was guilded the main matter of it was the taking away the Peerage of the Bishops in Parliament which since they could not effect by the former Bill they thought to slide in under these specious pretences of preserving Religion c. but the House of Lords had too many Wise and Noble Just and Honourable Persons in it yet for the Faction to effect their Design After this the Lord Mayor of London and the Aldermen c. were called in to give an Answer to the Proposition for lending 40000 l. and the Lord Mayor signified That he hath already prepared 34500 l. part of the 40000 l. and the full Sum will be made up this night and further he acquainted the House that he hath received 18000 l. of the Poll-mony For which service and readiness in this business the Speaker gave the Lord Mayor and Aldermen and the rest thanks from this House The Earl of Bath reported the effect of the Conference about disbanding that the Commons delivered these four Resolutions Earl of Bath reports the Conference about disbanding 1. That the Ninth day of August next shall be the day appointed for the marching away of the Scots Army 2. That the mony due for relief of the Northern Counties is ready and that if they shall desire any reasonable assistance for the conveying of it they will be ready to assist them in the best manner they can 3. The House of Commons desires that the English Lords Commissioners may move the Scots Commissioners to put off the time for the payment of the 80000 l. part of the Brotherly Assistance till the first day of September next and that notwithstanding they will pay it sooner if they can 4. That after the Scots have declared their Assent of disbanding that then our Army shall be disbanded with all possible speed and the Horse to be first disbanded Upon which it was Ordered That this House doth agree with the House of Commons in all the aforesaid Resolutions and do further Order That the Lords Commissioners do resume the Treaty with the Scots Commissioners and prepare it for a Conclusion After the Conference with the Lords about the Disbanding the Commons fell into Debate concerning the Kings Journey into Scotland and it was Thursday July 29. Votes to desire a Vice-Roy during the King's absence in Scotland Resolved c. That the Lords be desired by this House in a Conference to joyn with this House in a Petition to His Majesty to appoint a Custos Regni or Locum tenens during his Absence out of this Kingdom and amongst other things in special to give him Power to give the Royal Assent in Parliament and to do such things as the King might do if he were present Resolved c. That His Majesty be likewise Petitioned That an Act of Parliament may pass to this Effect That such Commission shall not be repealed until His Majesties return from Scotland to the City of London or Westminster or be present in full Parliament Which two Resolves were communicated to the Lords at a Conference Upon Information this Day unto this House That Sir George Radcliff being now a Prisoner in the Gate-House Sir George Ratcliff has liberty to take the Air. was indisposed in his Health by reason of the closeness of the Place where he remaineth and that he was an humble Suitor to their Lordships that he might receive the Favor to go into the Fields with such Keepers as their Lordships should think fit It was Ordered That the said Sir George Radcliff shall have the Liberty by Virtue of this Order to go into Chelsey Fields or any other Fields near thereabout to take the Air for his Health at such times as he shall desire it The Earl of Bristol Reports the Scots Answer about the disbanding their Army which was read in haec verba Scots Commissioners Answer about disbanding the Army Whereas the Removal of the Scottish Army is desired against the 9th of August upon the Receipt of a Paper from your Lordships of the 22 of July we did immediately represent the same to the Lord General and Committees from whom we expect very satisfactory Answers by the Earl of Dumserling and Lord Lowdon and for hastning the disbanding we did in our Answer of the 21st of July desire that the Arrears might be then delivered and sent to New-Castle that we might finish our Accounts and pay our Debts in those Countries and be better prepared for our Disbanding but we conceive that the not timous delivery of the Arrears shall prove the greatest Impediment in our removal therefore We do remit to the Parliaments consideration to take some speedy course for sending of the whole Arrears As for the delay of the Payment of the 80000 l. we have also represented the same unto the General and Committees according to the days mentioned in our Paper of the 22 of July whereof we do expect an Answer by the Earl of Dumserling and the Lord Lowdon The Bill against Ship-Money being read a third Time this Day Act against Ship-Money passed the Lords Lord Majors Cause heard and referred and put to the Question it was resolved to pass for a Law After which the Lord Major and Aldermen and Commons of London were called in and asked Whether they had composed the Differences between themselves concerning the Election of the Sheriff But it being Answered That they had a meeting about it yet could not agree This House took the Cause into Consideration having heard the Objections on both Sides and at last appointed these Lords Committees viz. Lord Privy Seal Lord Chamberlain Earl of Bath Earl of Bedford Earl of Bristol to try if they could accommodate the difference between them and settle Peace amongst them if not to report the same to this House And their Lordships or any five or more to meet at 5 of the Clock this Afternoon in the Painted Chamber and the Lord Major and Aldermen and some of the Commons to be present Mr. Bagshaw Reports the Articles against the Bishop of Bath and Wells which were all read but are not entred in the Journal Friday July 30. But that the Reader may see they were of the same Leven with those against the Bishop of Ely and that indeed the Crime was being a Bishop I will subjoyn some Articles which an Informer one Mr. James a Minister in his Diocess exhibited against him whereby it will appear
recommend to the Parliament the Care of the Disbanding the Horse that the Soldiers may be repaid the Money which hath been taken from them for their Arms that so Armed Men may not disperse themselves to the disturbance of the Kingdom and that the Arms may be restored to the Magazins for the Defence of the King and Kingdom A Proclamation was accordingly issued out as follows By the King A Proclamation for the Peaceable and Quiet Passage of the Troops of Horse to be Disbanded in the North Parts WHereas His Majesty by the Advice of His Parliament His Majesties Proclamation about disbanding the Horse Aug. 8. 1641. hath given Order for the speedy Disbanding of the Troops of Horse that are or lately were part of His Majesties Army in the Northern Parts of the Kingdom His Majesty in his Princely Care of the Quiet and Safety of His Subjects doth by this His Proclamation strictly Charge and Command that none of those Troops or Souldiers after they are Disbanded do Travel together or gather or continue together above six in a Company under the Penalty of being proceeded with as Disturbers of the Publick Peace And doth hereby likewise straitly Charge and Command all Sheriffs and Iustices of Peace of the Counties thorow which they shall pass or whither they shall come that they fail not to take Care that the General peace and quiet of His Majesties Subjects be not disturbed by any of the said Troops or Souldiers And that none of the said Troops or Souldiers do stay or abide above one Night in a place unless it be in Case of Sickness or other great Necessity during the Time of their Travel Given at the Court at White-Hall the Eighth Day of August in the seventeenth Year of the Reign of Our Soveraign Lord CHARLES by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. God save the KING The Lord Privy Seal Reported the Opinion of the Judges concerning the Custos Regni The Judges Opinion about a Custos Regni and the Commission to pass Bills in the King's absence 1. Concerning the Custos Regni they know not how to deliver any Opinion it being of so high a Consequence 2. Concerning the Commission they hold it good if it be fortified and backed with an Act of Parliament Whereupon it was Ordered to be communicated to the House of Commons at a Conference The ACT for the Confirmation of the Treaty of Pacification between the Two Kingdoms of England and Scotland The Act of Pacification passed the Lords House was read a third time and being put to the Question it was Resolved to pass as a Law And sent down to the Commons by Justice Forster and Justice Heath MEmorandum Thanks given to the Lord Commissioners and particularly the E. of Bristol for the Treaty Bill for taking away purveyance read the first Time This House this day gave Thanks to the Lords Commissioners for their great Pains and Care bestowed in the Treaty between Vs and the Scots and particular Thanks was given to the Earl of Bristol for his Service done to this Kingdom therein The Bill for taking away of all manner of Purveyance was read the first time The Commons then sent to desire a present Conference with the Lords about the King 's putting off his intended Journey into Scotland for 14 dayes longer At which Mr. Hollis delivered the Reasons of the Commons Desire in that particular in this manner My Lords I Am Commanded to put you in mind what hath passed upon this occasion before Reasons for the Kings deferring his Journey for 14 days at a Conference August 7. 1641. concerning the Kings Journey to Scotland That both Houses did Petition his Majesty not to begin his Journey till the Tenth of August and to acquaint the Scots Commissioners therewith who afterwards desired this House to express their Resolutions in the affirmative upon which the House of Commons passed a Resolution That then if his Majesty pleased to go they would submit unto it I am Commanded to declare unto your Lordships That the House of Commons is desirous to submit unto his Majesties good Pleasure in all things but such is the present condition of this business as it now standeth that they are enforced to present some further Considerations to your Lordships First That when they gave this Assent they were in hope both Armies would have been Disbanded by that time but though there hath been all possible means used to that end yet it could not be effected so the same Inconvenience doth still continue Secondly The Treaty cannot in so short a time be finished being returned from Scotland but three dayes since but since it is ready to be finished and Moneys are provided the Armies will be Disbanded by that time we desire his Majesty to take his Journey Thirdly The Distempers and Joalousies of the Kingdome are such that they cannot be composed by passing some Acts unless his Majesty stay the desired time Fourthly No course is yet taken for the Government of the Kingdom in his Majesties absence there being so many Weighty Things to be taken into Consideration Upon these Reasons the House of Commons have thought fit to move your Lordships to joyn with Us in a Petition to his Majesty to stay his Journey for 14 dayes longer and we make no doubt but our Brethren in Scotland will consider the Streight we are in and for our Safety condescend to our Desires And if his Majesty yield thereunto then we shall desire your Lordships to joyn with us by some express Messenger to the Parliament in Scotland for the King's stay for that time which we hope will give them Satisfaction After which Mr. Hollis reported the Conference from the Lords That the Lord Say told them They had taken into Consideration the Desires of this House and that the Lords would joyn with this House to Petition his Majesty to be pleased to stay yet 14 days if it may stand with the Ingagement he has made to that Kingdom however that he may stay till Tuesday Night 6. of the Clock which they are sure will stand with his Ingagement but they conclude nothing in this matter till they had first heard from this House This was not at all Satisfactory to the Commons who thereupon put it to the Vote it was Resolved c. That this House shall insist upon the former Desire for his Majesties stay for 14 dayes But while they were in this Debate and Messages went to and fro between the Two Houses the King came to the House of Lords and the Gentleman Usher of the Black Rod was sent to give the Commons notice of the King 's being there in order to the passing several Bills The Publique Bills were Bills passed by the King 1. An Act against divers Incroachments and Oppressions in the Stannery Court 2. An Act for securing Money to the Northern Counties c. 3. An
Act for prevention of vexatious Proceedings touching the Order of Knighthood 5 An Act for the better Ordering and Regulating of the Office of the Clerk of the Market allowed and confirmed by this Statute and for the Reformation of false Weights and Measures The Private Bill was An Act for the assuring a Messuage called Duresme House aliàs Durham House and certain Stables part of the Possessions of the Bishop of Duresme situate in the Parish of St. Martins in the Fields in the County of Middlesex unto the Right Honorable Philip Earl of Pembroke and Montgomery and his Heirs and of a yearly Rent of 200 l. per Annum to the said Bishop of Duresme and his Successors in lieu thereof Then his Majesty took his leave of the Parliament telling them He hoped to give good Expedition in disbanding both Armies and that he would make what haste he could if possible to return before Michaelmas Declared and Voted by this House Nemine contradicente Declaration of the Lords abount the choice of their Speaker That the certain and undoubted Right of this House to chuse their Speaker and that the Speaker is not to depart when this House sits without the leave of this House and that this Order be added to the standing Orders of this House The Lords Commissioners reported Propositions of the Scottish Commissioners about Difficulties of their Army marching away Aug. 10. 1641. That the Scottish Commissioners desire them to represent to the King's Majesty and the Parliament That in respect of the great Rain which hath fallen in the North whereby the Cannon cannot be carried through Kynsidmire nor can the Scottish Army cross the River Tweed his Majesty may be graciously pleased with consent of the Parliament to permit the Scottish Army to March through Berwick since there is no other Passage But for all they were our dear Brethren of Scotland neither the Lords nor Commons were without Jealousy of them as appears by these following Particulars The House of Lords taking this desire into Consideration did appoint the Lords Commissioners to speak with the Scots Commissioners and propose unto them the making of a Passage for their Army over the Tweed with a Bridge which the Lord General shall have Order to make The Old Proverb is Make a Retreating Enemy a Bridge of Gold they had made the Scots a Bridge of Silver which Cost England above a Million of Money and now they were very willing to see them gone To which purpose at a Conference this Day the Commons acquainted the Lords That whereas formerly it was intimated at a Conference Report of the Conference about the Scottish Army That the Scottish Commissioners declared that their Army would draw themselves into a Camp and begin to March away out of this Kingdom within 48 Hours after they had received the Monies of Arrears at New-Castle and the 80000 l. in part of the Brotherly Assistance and had Security for the Payment of the rest the House of Commons having now paid them all their Arrears at New-Castle and 80000 l. in London and have performed all that was agreed to be performed by them they desire that the Lords Commissioners may move the Scots Commissioners in the Name of both Houses of Parliament that their Army may march away according to their Promise And further that the House of Commons desires this House would joyn with them to write Letters to the Lord General of the Kings Army to disband the Horse and Foot presently that so Peace may be setled and all Jealousies removed Whereupon it was Ordered by the Lords Order of the Lords for Exemplifying the Acts for Pacification and Brotherly Assistance that this House will joyn with the Commons in the Desires of this whole Conference It was also this day Ordered That the two Acts of Parliament the one for the Brotherly Assistance the other for the Confirmation of the Treaty between the Two Kingdoms shall be transmitted into the Chancery by Writs of Certiorari directed to the Clerk of the Parliament and shall be Exemplified by the Clerks of the Petty Bagg in a Secretary Hand and this to be the Warrant in that behalf The House after their return from the Lords House Commissioners to be sent into Scotland fell into Debate about sending some Commissioners from either House into Scotland and accordingly it was Resolved c. That some Commissioners shall be sent into Scotland for these Purposes authorized by both Houses to see and take Care that the Acts that concern this Kingdom be perfected in the Parliament of Scotland and from time to time to give his Majesty a true understanding of the Proceedings of the Parliament here the Lords to be moved to joyn in Petition to move the King for it The Bill for Tonnage and Poundage passed and Mr. Solicitor was sent up with it to the Lords to desire That this Bill may pass by special Commission and that it may be so contrived that the Bill may pass before the King is gone out of the Kingdom And it was immediately read three times successively in the Lords House and passed as a Law Nemine contradicente This Day the King set forward in the Afternoon upon his Journey to Scotland accompanied with the Prince Elector the Duke of Lenox The King sets forward his Journey to Scotland Wednesday August 11. now created Duke of Richmond and the Marquiss Hamilton A Letter was this day read in the House of Commons to be sent to the Earl of Holland to give Order for the speedy disbanding of the rest of the Army both Horse and Foot Message to the Lords about the Bishops that were impeached A Message was sent to the Lords to desire That the Bishops may be put to a present Answer in the Presence of the Commons as was formerly desired the House of Commons being ready to make good their Accusation and Sir Arthur Haslerig to go up with this Message and to desire a Conference about it Mr. Glyn reports the Conference with the Lords about the Bishops That the Lord Privy Seal told them The Lords Answer about the Impeachment of the Bishops That some Daies since they had received an Impeachment against the Bishops delivered at the Bar by Word of Mouth accusing them of many great Crimes and Misdemeanors and that this House did desire that the Bishops may be put to a present Answer at the time when the Impeachment was delivered They were Matters of great Consequence and coming from the House of Commons they were very curious not to proceed but in a Parliamentary Way upon good Consideration whereas the Charges were in general only He said further There were two Ways of proceeding there by transmission from this House or by a Charge by Word of Mouth in this latter the Course is to appoint some of the Kings Council to draw up particular Charges out of the General that they would proceed no wayes till they had
from the Ports where they shall land the said Moneys that they have landed so much there 2. That Mr. Henley and Mr. Hawkridge are to pay to Sir Adam Loftus 20000 l that is 6000 l. upon sight and the other 14000 l. within 14 Dayes after that 15000 l. shall be paid here And the said Mr. Henley and Mr. Hawkridge are to receive 10000 l. in hand 5000 more at Six dayes and 5000 l. more at Two Months And they are to have a License for the Transporting of 20000 l. of Spanish Money And they are to have the Vse of such Shipping as is appointed to Transport Money for the present Service in Ireland And to make Entry of the said Sum in the Custom-House here and to bring Certificates from the Ports in Ireland where they shall land the said Money that they have landed so much there 3. The Commons desire that Sir Robert King and Col. Culpeper may be added to those that are appointed Assistants to the Committees for the Irish Affairs 4. That the Servants belonging to the King Queen Prince or to any of the Kings Children may according to the Law take the Oaths of Supremacy and Allegiance 5. That Magenes and Redmond against whom the Mayor of Chester sent up an Information may be brought up to the Parliament severally and not permitted to speak with one another and that they may be Examined upon such Interrogatories as shall be propounded by the House of Commons And that the rest of the persons that were in their Company and fled may be pursued with Hue-and-Cry and apprehended and such Irish Men that shall be stayed in the Ports may be Examined upon such Interrogatories as shall be presented by the House of Commons 6. That their Lordships would give the Commons an Answer touching the Proposition formerly brought up concerning the Issuing out of a Proclamation in Ireland to recall such Papists home here as have within one Year last past gone into Ireland Except the Earl of St. Albans and others who live there upon their Ancient Inheritance To all which Propositions the Lords Assented Then the House of Lords took into Consideration the Instructions which are to be sent into Scotland to the Committees there The Answer of the Lords to the Instructions to be sent to the Commissioners in Scotland and the several Articles being read the House gave these Resolutions as followeth To the First Article the House Assented as also to the Second Third and Fourth Resolved upon the Question by the major part That there shall go a thousand Scots out of Scotland for the repressing of the Rebellion in Ireland To the Sixth agreed to Ordered That the Debate of the Remanent Propositions shall be deferred until to Morrow In the Commons House Mr. Wheeler made a Report from the Committee concerning the Guards of Westminster and Middlesex The Establishment and Pay for a Guard for the Parliament Whereupon it was Resolved and Agreed That the Officers and Soldiers shall have Pay according to the List hereafter mentioned that this Pay shall begin on Monday next and for the time past the Recompence is referred to the Consideration of this House The Watch began the 20th of October Resolved c. That for the Orderly payment of them a Clerk shall be appointed as well for the paying of them as view of them and to keep Rolls That this Pay shall be made out of the Poll-mony remaining in the Charge of the Treasurers of Westminster That the Deputy Lieutenants of the County of Middlesex shall bring in the Names of such Persons as they will compleat their Companies withal to the Committee to be presented to the House That in regard the Company of Westminster is very large and the great increase of new Inhabitants and able Men to bear Arms that the Deputy Lieutenants shall consider some way how the same may be divided into two or more Companies so as there may be Two hundred Men in each To consider of some way to punish Defaulters and such as are unruly That the Officers of the Four Neighbour Companies shall be treated withal and out of those to have a hundred Men which may watch in turns  l. s. d. The Pay for 100 Men at 12 d. per diem 05 00 00 1 Captain 00 08 00 1 Lieutenant 00 04 00 1 Ensign 00 02 06 2 Sergeants 18 d. per diem 00 03 00 2 Drums 00 02 00 Clerk 2 s. per diem 00 02 00 Total per diem 06 01 06 The Train Bands to have 18 d. per diem so long as they Watch and to begin on Monday The Declaration or Remonstrance of the State of the Kingdom was still Hammering upon the Anvil with all the secresie imaginable for the Clerk of the Commons House was this day Ordered not to give out any Copies of it But in the Debate it was moved That a Consideration be had of adding to the Remonstrance the Sermons Preach'd in divers places before the King that the Subject had no Property in his Estate The Prayer set forth by the Bishops wherein they call the Scots Rebels The Clergies Contribution before the Convocation The Imprisonment of the Aldermen of London By which the Reader may observe that all the Scandals and Untruths imaginable were amassed and industriously sought out and collected to render the King and his Government suspected and hated and to bring the Loyal Bishops and Orthodox Clergy into the utmost contempt and hatred among the People A Letter was this day read in the Lords House Thursday Novemb. 11. Letters from Ireland sent from the Council in Ireland to the Lord Keeper dated the 5th of November shewing That the Protestants there will be utterly destroyed and that Kingdom lost from the Crown of England if present supply of Men Munition and Money be not sent them from hence The Lord Lieutenant also presented to the House a Letter from them of the same Date shewing That the Rebels there do proceed in their Rebellion and have seized on the Houses Estates and Persons of divers Men and Women of good Quality and have murdered many That they are in several Parts of Ireland gathered to the number of 30000 and threaten that they will not leave an English Protestant there and that they will not lay down their Arms until an Act of Parliament be pass'd for freedom of their Religion That the Council desires that they may be speedily supplied with 10000 Men and Arms and 100000 l. in Money And they offer it to their Lordships consideration whether it be not fit and convenient that Mac-guire and Mac-Mahon be sent into England for their better security Upon the reading of which Letters it was agreed to have a Conference with the House of Commons and to communicate the Letters to them It was signified to the Lords That Mr. O Neal being appointed to be Examined before the Deputed Lords concerning ill Counsel which was given to the King 's late
Fifth and 6 Sixth 5 W. C. 6 Mr. S.S. That I go the way to spoyl all their work so I hope I do 7. A Seventh 7 Dr. B. from others That it is said I am fallen from Grace so some men seem desperately to look into the Ark of God 8. An Eighth 8 Dr. W. That I have contraried all that I said before let the Doctor shew me that now 9. A Ninth is told 9 R. L. B. That I am Apostated I doubt his Religion in quantum it differs from that of the Church of England is an Apostacy 10. A Tenth 10 Mr. F. That I am gone over to their Adversaries 11. An Eleventh and Twelfth 11 S. A. H. 12 T. W. That the Primate of Ireland and Dr. Brownrig have infected me I dare drink their poyson 13. That the two Learned and Painful Equals without match 13 G. H. Mr. Reading and Mr. Abbot abusing my trust in them and good opinion of them do mislead me a slander upon three at once 14. That Dr. Burges and I have conferred Notes 14 S. E. P. I wish we had 15. That I am for Bishops 15 Mr. K. for Crosses and for Images true and false 16. That if I had held where I was there had not been a Bishop in the Land before August last a false Wizard I did hold where I was and yet the Bishops are where they were 16 I. K. 17. That I have lost the prayers of many Thousands 17 Civis Ignotus 18. That I have lost the honour I had and that my Conscience is not so good as it was in the beginning of this Parliament 18 T. C. Good Mr. C. you who would have Bishops out of their Chairs come you out of the chair of the scornful You are one of them who jog our elbowes and boar our Parliament Ears with Babylon Antichrist and the Mystery of Iniquity which I dare say is grosly misunderstood by your self and many others of your Rooting Tribe Before this Parliament was convened you would have joyed upon that day when the sting of ill executed Episcopie the high Commission had been taken away and the pest of the Chair soleship of power retrenched One is done and both had been effected if you and such as you had not over-heated a Furnace that was burning hot before and with pressing for Ruine have betrayed the time of a blessed Reforming Take it unto you for upon you and the blind ignorant wilfulness of such as you I do here charge the sad account of the loss of such a glorious Reformation as being the revived image of the best and purest Ages would with its Beauty and Piety have drawn the Eye and Heart of all Christendom unto us The Horse-leaches daughters do cry Give give And you that might have had enough do still cry More more The greedy Vulture of an insatiate appetite is incurable To reform Episcopacy it is in your esteem too faint Prov 30.15 Mr. F. too cold a work it is labour ill bestowed and unthankfully accepted nay one of you said in my hearing It is a sin to labour in the dressing and proining of that Plant which say you is not of God and must be digged up And with Episcopacy away with the burden of our Liturgy a a S. M. If you take not off this burden also it will be girded upon us closer and stronger then ever Away with the thought of a National Church also b b Protestation protested p. 20. It hath no pattern in the Scripture c c Mich. Quintin p. 4. It is impossible for a National Church to be the true Church of Christ Let us have no Church but Congregations d d Eaton 's Sermon vouched by Sir Th. Aston p. 4. and let them be without all superintendency As much to say as let every Family be a Church and have Religion as they please Away with all e e Assertion of Scotrish Government p. 3. 5. distinction of Clergy and Laity it is Popish and Antichristian Let us then banish from us such Popish Names and send them home to Rome f f Quintin p. 9. The Church is a Body of parity whose members are all Kings and Priests g g Spincers Pamphlet And every man must exercise his Gifts in common So also the Learned but herein absurd and gross h h Thought to be Salmasius against Petavius p. 397 398. Walo Messalinus Omnes olim Presbyteri erant Laici And again Waldenses Lutherus crediderunt justos ac fideles Laicos posse omnes quae in Ecclesiâ Dei agi necesse est agere omnibus muneribus Ecclesiasticis defungi These things thus pressed and pursued I do not see but on that rise of the Kingship and Priestship of every particular man the wicked sweetness of a popular parity may hereafter labour to bring the King down to be but as the first among the Lords and then if as a Gentleman of the House professed his desire to me we can but bring the Lords down into our House among us again 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 All 's done No rather all 's undone by breaking asunder that well-ordered Chain of Government which from the Chair of Jupiter reacheth down by several golden even Links to the protection of the poorest creature that now lives among us What will the issue be when hopes grow still on hopes and one aim still riseth upon another as one wave follows another I cannot divine In the mean time you of that party have made the work of Reformation far more difficult than it was at the day of our meeting and the vulgar mind now fond with imaginary hopes is more greedy of new Atchievements then thankful for what they have received Satisfaction will not now be satisfactory They and you are just in a a De Benef. l. 2. c. 27. Seneca's description Non patitur aviditas quenquam esse gratum Nunquam enim improbae spei quod datur satis est Eo majora cupimus quo majora venerunt Aequè ambitio non patitur quenquam in eâ mensurâ conquiescere quae quondam fuit ejus impudens votum Vltra se cupiditas porrigit foelicitatem suam non intelligit Learn moderation Mr. C. unless as b. J. H. H. M. some of you Rooters do seem to hold you do think moderation it self a Vice The Stoick was in that point more Pious then such Christians Epictetus his Motto was and your Lesson is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Bill for securing Papists Tuesday Novemb 23. being presented by the King's Council was read a first and second time this Day and committed to a Committee who with some few amendment of Names and little Alterations presented it again to the House it was read thrice and being approved was Ordered To be Ingrossed and receiving the last reading it was upon the Question Resolved to pass as a
The Commons staying in the Painted Chamber all this while for an Answer to the Message the Lords went to acquaint the House of Commons with what was Voted In the Commons House Mr. Justice Long discharged from the Tower Dr. Gray sent for as a Delinquent Long who had been sent to the Tower for signing the Warrant for the Halberdeers to Guard the Parliament was upon his Petition this Day released A Complaint having been Exhibited against him It was Resolved That Dr. Gray Parson of Ponteland in the County of Northumberland shall be forthwith sent for as a Delinquent by the Serjeant at Arms attending on this House Several Letters were then read from Ireland one from Sir William Brereton Volunteers for Ireland giving Information That Sir Simon Harcout 's Regiment is compleat and that there are 4 or 500 more cheerful Volunteers which are ready to go if they had Commission This plainly confirms what before was said That the Necessity of the Bill for pressing Men was only to oppress the Royal Prerogative Mr. Pym informed the House That this was moved at the Committee last Night and that the Earl of Leicester Lord Lieutenant of Ireland had assured them he would take Care for the speedy Transporting of these Volunteers The House then fell upon the Consideration of the Bill for raising 400000 l. for the Affairs of Ireland c. The Officers of the late Army having also Petitioned for their Arrears there was an Order to pay them 13000 l. being the Moiety of what was due to them Amidst all this Heat of Publick Affairs and the great Zeal for Ireland still the Faction found leisure to persecute the Loyal and Orthodox Clergy upon the Informations of their implacable and restless Enemies the Non-Conformists and Schismaticks for this Day the Committee for scandalous Ministers was revived and appointed to meet upon Thursday Morning at Eight of the Clock so that Wednesday being the Fast was to be the Prologue to their Smiting with the Fist of Wickedness It was also Ordered That Alderman Pennington do take Care to bring in the Witnesses of the Parish of Grace Church to testify that Information he gave the House this Day against the Minister of that Parish Alderman Pennington an Informer against the Minister of Grace-Church Dr. Beal referred to the Committee for Scandalous Ministers Thursday Decemb. 23. Also it was Ordered That the Committe for the Bill for Scandalous Ministers do take into Consideration the Matter informed of against Dr. Beal on Thursday next The Lord Keeper this day reported a Conference had with the Commons That the House of Commons have brought up to their Lordships a Proposition of the Scots dated 20th Dec. 1641. concerning the 2500 Men as also the Resolution of the Commons thereupon which they desired their Lordships to joyn with them in Then the said Proposition was read as also the Resolution of the Commons That they do undertake to pay the 2500 Men already entertained in Scotland from the 8th of December to the end of the Treaty according to the Pay setled them in Scotland which being read the House of Lords assented to it After which a Message was brought from the House of Commons by Mr. Waller That the House of Commons conceive some Cause to Examine Daniel O Neal further as a Delinquent but not upon Oath and seeing he is their Lordships Prisoner committed to the Gate-House upon an Accusation of High Treason That their Lordships would please to give way that some Members of the House of Commons may Examine him and also to desire their Lordships to sit a while for that the House of Commons will come up to their Lordships with some Business concerning the Safety of the City To which the Answer was That their Lordships do give way that some Members of the House of Commons may ask Mr. O Neal any Questions as they shall think fit and that this House will sit a convenient time as is desired This Matter of the Safety of the City Conference concerning displacing Belfour and making Lunsford Lieutenant of the Tower was delivered at a Conference That the House of Commons represented to their Lordships that they had received Information That Sir William Belfour Knight Lieutenant of the Tower of London approved for his Fidelity is put out of his Place and one Colonel Lunsford put into his Place concerning whom the House of Commons had received a Petition which they desired their Lordships to consider of The Faction were resolved to dislike what ever the King should do and to give countenance to their Proceedings they had Petitions and Petitioners still in a Readiness to make it appear that they moved upon that Foot when in reality they themselves and their Agents were the Ingineers of those very Petitions The Petition was read in the House of Lords and was in haec Verba To the Honorable the Knights Citizens and Burgesses of the Commons House of Parliament The Humble Petition of divers Common-Council Men and others of the City of London The Factious Londoners Petition concerning the placing Lunsford in the Tower Sheweth THat whereas the Tower of London was originally ordained for Defence of this City and to be the Chief Magazine of the Kingdom and that the whole State is deeply interessed in the safe Custody thereof but more especially the said City which lately hath been put into Fears of some dangerous Design from that Cittadel whereupon it pleased this High Court to mediate with his Majesty for removing of those Fears And whereas the Petitioners are informed that Sir William Belfour a Person of Honor and Trust is displaced from the Office of Lieutenant and the same Place beslowed upon a Man Out-lawed and most Notorious for Outrages Colonel Lunsford and therefore fit for any dangerous Attempt the Petitioners and many more who have Intelligence thereof are thereby put into such a hight of Fear and Jealousy as makes them restless till they have discharged their Duty in representing the same to this Honorable House May it therefore please this Honorable Assembly to take the Premisses into such Consideration as may secure both the City and Kingdom against the Mischiefs which may happen as to your great Wisdom shall be found most fitting And your Petitioners shall pray c. Randal Manwaring Maximilian Beard Edw. Gitting Jo. Pocock Sam. Warner Geo. Thomson Stephen Estwick Ric. Price Ric. Turner The House of Commons do further say That the said Colonel Lunsford is an unfit Person to be Lieutenant of the Tower For 1. They say he is a Man of a decayed and desperate Fortune The Commons Reasons against Lunsford's being Lieutenant of the Tower and so may be tempted to undertake any ill Design and they conceive it will be very prejudicial to the King and Kingdom for him to be in that place in this time of Fears and Jealousies especially to the Mint in this time of great occasions to use Monies for it
of Commons have received information of great disorders committed between this House and Charing-Cross that certain persons in the Habit of Gentlemen who are reported to be Officers in the late English Army and are now in Whitehall or some places thereabouts back'd and countenanced by a Guard of the Trained-Bands attending about Whitehall do Issue out in Numbers and assault the Kings Subjects going and returning in the Kings Peace to and from the Parliament offering to them as they are credibly informed no Offence at all and 20 or 30 of them sore wounded This the House of Commons conceive to be a true Violation of the Liberty of the Subject and an affront to the Parliament and will in the end strike Aw and Terror into the Parliament if not prevented by the Wisdom of your Lordships and the House of Commons The House of Commons are likewise informed by a Member of their House That he going from the House to his Lodging through the Church-Yard found there a Guard of Soldiers and inquiring of them by whose command they were there they answered by the Lord Arch-Bishop of York's If this be to be suffered to have Guards set about the Parliament in this manner to the Terror and affray of the People the House of Commons submit it to your Lordships judgment and therefore to prevent all inconveniencies the House of Commons desire to have a Guard otherwise there will follow certain Mischief in the end which the House of Commons foreseeing do give your Lordships timely warning that if it happen they may clear themselves to all the World Therefore that we may still be a free Parliament he said he was Commanded to desire their Lordships That according to their own Proposition and upon such conditions as the House of Commons consented to that your Lordships will presently joyn with the House of Commons in an humble Petition to his Majesty that the Parliament may have a Guard and such a one as may be approved by both Houses of Parliament and to be Commanded by the Earl of Essex Then the Lords taking this Message into Consideration after a long debate this Question was put Whether this House will joyn with the House of Commons in an humble Petition to his Majesty to desire that the Parliament may have a Guard and such a one as may be approved of by both Houses and to be Commanded by the Earl of Essex And it was Resolved Negatively Besides what hath before been taken notice of in the Conferences with the Lords there passed a Vote That the Matters this day debated Vote to remove the E. of Bristol from the King and Council concerning the removal of the Earl of Bristol from the King and Council be referred to a Committee to prepare and present it to the House The Kings Message concerning the 10000 English Volunteers was also Communicated to the Commons at a Conference but they took no notice of it The House debated the Obstructions Committee for a Declaration concerning the Obstructions in relieving Ireland which hindred the speedy relief of Ireland and Mr. Hollis Mr. Pym Mr. Strode Sir Edm. Montfort Mr. Glyn Sir Philip Stapleton Mr. Martin Sir John Hotham and Sir John Culpeper were appointed a Committee to prepare a Declaration upon the heads this day propounded here concerning the Obstructions in the Affairs of Ireland and the Causes thereof and present it to the House Though truly who ever reads the Kings last Message concerning the Volunteers may find without the help of this Declaration that the Committee themselves and their Faction in the House were the only Obstruction in this Affair And for all their seeming Zeal yet this Rebellion in Ireland was such a necessary handle to their present Affairs and future Designs that they were resolved not to part with it till they had served their own turn with it and happen the worst they were resolved the miscarriages should not ly at their doors so long as they could have 15000 Porters to take the Burden from their Backs and Petition it to the Bishops the House of Lords or the Kings Back if occasion required They had indeed gained such an intire Ascendant upon the faith of the Populace that whoever they accused of it they were assured would be believed Guilty And that they might not be wanting to inflame the People into farther Tumults and lest they should cool in the service of crying No Bishops and affronting the King and the Laws even at the Gate of his Majesties Royal Palace It was Ordered Order of the Commons for a double Watch. That the Bailiff and other Officers of Westminster be required from this House to take Care that a double Watch and Guard may be kept about this City and Suburbs this Night And to improve and second this Invention some of their Infamous and Malicious Agents made Out-Cries in the City That all People should rise for their Defence for that the King with his Papists were coming to Fire the City and Cut their Throats Which hellish Calumny backed with the suspitious Order of the Commons inflamed the People for want of Sleep and Reason to cool their Brains and see into the wicked Artifice to those Degrees that these imaginary Dangers wrought them up to the same height of Frenzy and Madness that the most real Mischiefs could have done and Ignorance being both the Mother of Credulity and Fear those wicked Incendiaries who had kindled these Flames ceased not to feed these two Passions with constant Fewel and to blow them up into Discontent and Hatred of his Majesty and the Government as designing their Ruin and Destruction and not their Safety Happiness and Protection This Day the Lord Keeper acquainted the House of Lords Thursday Decemb. 30. That the King had commanded him to deliver a Petition to their Lordships which was presented to him whereupon the House commanded the said Petition to be read which was in these Words To the King 's Most Excellent Majesty and the Lords and Peers now Assembled in Parliament The Humble Petition and Protestation of all the Bishops and Prelates now called by his Majesties Writs to attend the Parliament and present about London and Westminster for that Service THat whereas the Petitioners are called up by several and respective Writs The Petition and Protestation of the Bishops Decemb. 30 1641. and under great Penalties to attend in Parliament and have a clear and indubitate Right to Vote in Bills and other matters whatsoever debateable in Parliament by the ancient Customs Laws and Statutes of this Realm and ought to be protected by your Majesty quietly to attend and prosecute that great Service They humbly Remonstrate and Protest before God your Majesty and the Noble Lords and Peers now Assembled in Parliament that as they have an indubitate Right to sit and Vote in the House of the Lords so are they if they may be protected from Force and Violence most ready and willing
Election of a Burgess there 870. Earl of Arundel constituted Lord High Steward of England for Trial of the Earl of Strafford 29. Captain Ashburnham Committed on suspicion of Treason 288. Bailed 377. Gets a Vote for his Pay 477. Voted guilty of Misprision of Treason and expell'd the House of Commons 725. Mr. Ashton Vicar of Panswick Voted a scandalous Minister 238. Assembly of Irish at Swoords Order to Dissolve it 908. Attainder of the Earl of Strafford 103. The Bill read thrice in one day and passed the Commons 157. Mr. St. John 's Argument for it 162. Passes the Lords 192. And the King by Commission 195. Repealed since the King's Restauration 203. Attorney General Ordered to justifie his Charge against Lord Kimbolton and the five Members 843. Which he does 850. House of Commons desire to Examine him 850. Vote of Both Houses against him for Breach of Priviledge 870. Examination of him 873. Votes of the House of Commons against him 874. Ax expresly forbidden to be born before the Earl of Strafford at his coming to Tryal 29. B. BAgshaw of Windsor his Information to the House of Commons 859. A Conference about it 862. Sir William Balfour Lieutenant of the Tower brings the Earl of Strafford to the Bar 37. A false Loon 190. His removal angers the Factious 773. Ballad against the Bishops and Common-Prayer 807. Barnwell a Witness against the Earl of Strafford 36 83. Sir Thomas Barrington a Witness in the Case of the Earl of Strafford 83. Bishop of Bath and Wells inform'd against Dr. Beal referred to the Committee for Scandalous Ministers 773. Beal a Taylor finds out a Plot 647. An Ordinance about it 649. Conference upon it ibid. Sir Henry Bedingfeild Accused 661. Sent for 662. Examined 690. Acquitted 691. Mr. Benson a Member of the House of Commons Charged with selling Protections 595. Expelled the House and declared a Delinquent for so doing 596. Sir John Berkley sent for as a Delinquent 288. Sent to the Tower 490. Order'd to be Examined 492. Voted guilty of Misprision of Treason 725. Order'd to be Bail'd 755 780. Sir Robert Berkley Impeach'd by the House of Commons 332. Articles against him 337. Brought to the Bar of the House of Lords 497. His Petition to the House of Lords 498. Assigned Council 499. His Tryal put off 511. Earl of Berkshire a Witness against the Earl of Strafford 89. Edmund Bern a Witness against the Earl of Strafford 70. Berwick An Order for the Mayor to take care of it 753. Bill of Attainder See Attainder Bill for perpetuating the Parliament passes the Lords 192. And the King by Commission 195. Repeal'd since the Kings Restauration 203. For relief of the Army 238. For abbreviating of Michaelmas Term ibid. For restraining Ecclesiastical Persons from medling in secular Affairs 242. Thrown out of the House of Lords 271. Bill for Abolishing Episcopacy proposed 248. Debated in the House of Lords 255. Private Bills past by Commission 256. Bill for Root and Branch read twice 257. For Tonnage and Poundage ibid. 381. For disbanding the Armies ibid. For taking away the High Commission Court and Pluralities ibid. For taking away the Star-Chamber and regulating the Council-Board 258 271. For Regulating Clerks of the Market 259. For disarming Recusants 260. Against the new Canons ibid. Against Pluralities and Non-Residencies 293. Against Ship-Money 294. A Copy of the Root and Branch Bill 300. Bill against Scandaleus Ministers 309. For taking away the Court of Requests ibid. To prevent Suits for Knighthood ibid. Three Bills brought up to the House of Lords their Titles 393. Bill for the Marches of Wales 394. For Billet-money ibid. For the Northern Counties 409. Seven Bills brought up to the House of Lords their Titles ibid. Bill for securing Religion rejected 411. For imposing the Protestation rejected 414. Eleven Bills passed the King their Titles 431. Six more pass'd by the King and their Titles 438. Bill for a Lord General and Lord High Admiral rejected 719. For Relief of Captives at Argiers 731. Three Bills past the House of Commons their Titles 777. Billet-money undertaken for the Scots by the House of Commons 444. A Bill for Billet-money 394. Captain Billingsley Accused for a Conspiracy to seduce the Army 232. A Proclamation to stop him 233. Bishops their advise against passing the Bill against the Earl of Strafford 192. A Salvo for them 231. Thirteen of them impeached about the New Canons and Oath 418 443. An Order concerning their Answer 449 484. Order that they have Council 495. A Debate in the House of Commons what they are guilty of 497. Debate whether other Bishops shall Vote in their Case 500. Abstract of the grand question upon it 503. Their Council refuse to undertake their Cause 613. A time appointed for their Answer 614. Which they put in by Plea and Demurrer 641. That Voted dilatory and insufficient 645. Conference about them 691 717. Ordered to be heard 711. A second Charge against them by the House of Commons 717. Order to Answer it 718. They adhere to their Demurrer 731. Twelve Bishops their Petition and Protestation 794. Votes of the House of Commons against them 796. Impeached ibid. Taken into Custody ibid. Brought to the Lords Bar 797. Their several Answers ibid. Two of them Committed to the Black Rod the rest to the Tower 799. Desire Council which is granted 812. Order to put in their Answer 836. They Answer 882. They Petition to be speedily Tryed or Bailed 883. Remanded to Prison ibid. Mr. Blaney summon'd for Preaching against the Protestation 288. Sir Richard Bolton Lord Chancellor of Ireland impeached 566. Articles against him 570. Books seized by Order of the High Commission how disposed of 690. Mr. Booth Minister of St. Botolph Aldersgate Petition'd against by the Factious 492. Sir John Borlase made one of the Lords Justices of Ireland 564. Dr. Borlase his History of the Irish Rebellion censured 531. Lieutenant Bowles Voted a Delinquent for raising voluntiers for Ireland 874. Lord Chief Justice Bramstone impeached by the House of Commons 363. Mr. Orlando Bridgman receives a Letter about a Plot 836. Earl of Bristol a Witness in the Case of the Earl of Strafford 83. His Report about disbanding the Irish Army 233. Vote of the House of Commons that he be removed from the King and his Council 793. Lord Bruce introduced into the House of Lords 421. Buckinghamshire Petition to the House of Lords about Malignants c. 834. To the House of Commons about the same 839. To the King concerning Hampden 840. Mr. Burgess Ordered to Preach before the House of Commons 467 513. Sir John Burroughs a Witness in the Case of the Earl of Strafford 93. Busby 's Case an Order in it by the House of Lords 716. Sir John Biron a Message of the House of Commons for removing him from being Lieutenant of the Tower 835. Ordered to appear before them 844. Refuses 845. Votes of the House of Commons about him 846. Brought to the Bar
things as may advance the King's Service and that from them it passes to the Lord Keeper or Chancellor That he gave no Directions about it nor was any proof offered that he did as to the Execution he never did Act nor stay a minute as President after that Commission granted which appears by the Date which was 21 March 8 Car. and he went towards Ireland July following and being neither privy to the taking out the Commission nor Execution he appealed to their Lordships and the Gentlemen of the House of Commons Whether he could be Criminal That if there be an Error in a Judge so that he gives a Sentence otherwise than a man of better Vnderstanding conceives Reason for there is no cause it should be heightned to a Treason to take from him his Life and Honor merely because he was no wiser That what Mr. John Gore speaks to is not in his Charge That to what Musgrave deposeth he can say nothing but by way of Divination that he is but a single Witness speaks not to the Charge that what he sayes will hardly convince a man of a Trespass it being Grounded on a Rule in our Law Boni Judicis est ampliare Jurisdictionem as far as in Reason and Justice they may As to Thorp's Testimony which he speaks to was before the Commission 8 13 Car. and so is not within the Charge This he proved Witnesses for the Earl Slingsby Railton and Little that from July 8. 1633. he was out of England and returned not till 1639. by Mr. Slingsby his Secretary Mr. Railton and Mr. Tho. Little but not upon Oath To this the Managers rejoyned That whereas he said the Charge is not Treason if the Fact appear satisfaction will in good time be given That though this particular is not Treason yet all the parts of it amount to the subversion of the Laws of the Kingdom that is prest as Treason and this as an Evidence Then they fell upon that Expression in the charge Art 2. that at a Publick Assizes he should say That some of the Justices were all for Law and nothing would please them but Law but they should find that the King 's little finger should be heavier than the Loins of the Law This they indeavoured to prove Witnesses William Long Sir Thomas Leyton Marmaduke Potter Mr. William Long deposed That he heard him say the words Sir Thomas Leyton deposed the same and the deposition of Marmaduke Potter deceased since his Examination was read being to the same words To this he answered He could not possibly be guilty of the words as laid in the Charge which sayes it was August after the 21 March 8 Car. at what time he was in Ireland but he would not stand upon Niceties that truth might appear that the words he spoke were That the little finger of the Law was heavier then the King's Loins which agrees with the eccasion for Sir Thomas Leyton Sherriff Levying with great rigor some Knighthood-Money which was paid before but by some Error above sent down again upon which he desired Sir Thomas to return the Money and he would see him discharged in the Exchequer it being so great an Injustice to the Persons and to satisfie the Country he told them the Commission was of Grace and Favour applying those words before recited that none of the Witnesses took notice of the Occasion Dr. Duncomb being demanded what he knew deposed for the Earl Witnesses Dr. Duncomb for the Earl Sir William Pennyman That Sir Edward Stanhope told him in the presence of divers that my Lord had said That speaking of the Prerogative as easier then the Common Law he heard him use the words before recited But Sir William Pennyman positively averred it to be as my Lord had declared at which the managers took great Exception saying He did his duty well being a Member not to inform the House before The Earl desired he might not be prejudiced for his Testimony professing he would put himself upon God's Mercy and not make use of any member of either House though his principal Witnesses were of them rather than be guilty of the Injustice of overthrowing another to save himself Then Sir David Fowles was offered as a Witness but my Lord excepted against him being then a Prisoner in the Fleet at my Lord's Suit But he was over-ruled the Evidence being for the King He deposed positively That he heard the words but the occasion he did not remember but being interrogated as to the occasion a little after he answered That before my Lord went to Ireland he made a Speech to the Countrey and desired them to go on in their Service and to break out in these words which as it contradicted the former Evidence as to the Occasion so he contradicted himself saying but just before he could not well remember the Occasion Sir William Ingram deposed the words but could not remember the Occasion To this the Earl replied That admitting the words spoken Sir William Ingram yet they were not Treason and referred that as a point of Law in due time to be argued by his Councel and the Managers adding they had proved the Fact the Court adjourned This day they proceeded to the Third Article Thursday March 26. The Fourth Day That the Earl should say That Ireland was a Conquered Kingdom and the King might do with them what he pleased That the Charters of Dublin were nothing worth and did bind the King no further than he pleased The Earl moved that he might add something material to what was spoken yesterday the Manager opposed it as contrary to Order The Earl said it was a Court of Honour and a Rule to it self alledging the disadvantage of suddain Answers but it was denied him Then he moved the Witnesses might not stand with the Committee but apart as in other Courts which was also denied Robert Kennyday was produced Robert Kennyday but the Earl objected against him as a person Sentenced for Misdemeanors in his Office of Remembrancer saying It was his great Misfortune that all that have suffered under the King's Justice in his Ministry are ready to be Witnesses against him But the Manager replied If he was guilty of Extortion yet not of Perjury So he was sworn and deposed positively that he heard the words Sept. 30. 1633 spoken at the Presenting a New Mayor of Dublin The Earl of Cork was sworn against whom the Earl Excepted Richard Earl of Cork in regard of an Information against him which under his hand and Seal he had confessed and acknowledged himself in the King's Mercy for which he might be supposed to be displeased at him for something done in that Cause To this it was said the reflection was unfit the Earl of Cork being a Privy-Councellor so he was admitted He said he came over with a Resolution not to complain and left his Papers behind him that he might have no temptation to it but
Corruptives of Judgment Mr. Speaker I do before God discharge my self to the uttermost of my Power And do with a clear Conscience wash my hands of this mans blood by this solemn Protestation That my Vote goes not to the taking of the Earl of Strafford 's Life Exceptions were taken at this Speech upon Friday following and the Lord Digby Explained himself but for the present there was nothing done in it though afterwards the sleeping Revenge roused it self to some purpose for upon the 15th of July to do him all the infamy they could this Speech was by Order of the House burnt by the hand of the Common Hangman in Smithfield Palace Yard and in the Royal Exchange The Lords made no great hast in dispatching the Bill of Attainder Saturday April 24. and therefore the Faction fell upon other Methods of quickening them one of which was a Petition from many Thousands of the City which was upon Saturday presented by them to both Houses thereby to make it appear the Desire of the City and to speak truth they had strangely Exasperated the City against him as will appear by the Petition which follows To the most Honourable Assembly of the Lords and Commons in this present Parliament The humble Petition of divers Citizens of London SHEWETH THat notwithstanding His Majesties Gracious Answer The first Petition of the Citizens against the Earl of Strafford April 24. to the humble Petition of his Loyal Subjects in Summoning this Parliament with the great Care and Endeavoured pains taken by both Houses for the removing the heavy Grievances in Church and Common-wealth whereof the Petitioners have already received some Fruit for which they desire to return their most humble and utmost Thanks yet nevertheless they are enforced with all Humility to represent to this most Honourable Assembly some of those Obstructions which do still hinder that freedom and fulness of Trade in this City they have formerly had and which considering the numerous multitude thereupon depending they conceive it not able comfortably to subsist As the unsetled Condition of the Kingdom even since the Troubles in Scotland hath caused both Strangers and also some of our own who did furnish great summs of money to use to call it in and remit much of it by Exchange into Forraign Parts and stand now in expectation of what the Issue of things may be The stopping Money in the Mint which till then was accounted the safest place and surest Staple in these parts of the World still doth hinder the Importation of Bullion the Scots now disabled to pay such Debts as they owe to the Petitioners and others in the City and by reason of the Oppressions exercised in Ireland their Debts also are detained there The English Trade by reason of our general Distractions and Fears is so much decayed that Country Trades-men cannot pay their Debts in London as formerly The great Sums of Money unduly taken by His Majesties Officers and Farmers for Impositions upon Merchandize Exported and imported and the want of Relief in Courts of Justice against them The drawing out from the City great Sums of Money which is the Life and Spirit of Trade for His Majesties Service in the North and being there employed is not yet returned Besides all which from what strong and secret Opposition the Petitioners know not they have not received what so much time and pains might give and cause to hope but still Incendiaries of the Kingdoms and other Notorious Offenders remain unpunished The Affairs of the Church notwithstanding many Petitions concerning it and long Debate about it remains unsetled the Papists still Armed the Laws against them not Executed some of the most Active of them still at Court Priests and Jesuits not yet Banished the Irish Popish-Army not yet Disbanded Courts of Justice not yet reformed and the Earl of Strafford who as now appears hath Counselled the Plundring of this City and putting it to Fine and Ransom and said It would never be well till some of the Aldermen were hang'd up because they would not yield to Illegal Levies of Monies had so drawn out and spent this time in his business to the very great Charge of the whole Kingdom and his endeavour to obtain yet more all which makes us fear there may be practices now in hand to hinder the Birth of your great endeavours and that we lie under some more dangerous Plot than we can discover All which Premisses with their Fears and Distractions growing there-from and from things of the like nature the Petitioners humbly offer to the most grave Consideration of this most Honourable Assembly as being the true Causes of decay of Trade discouragement of Trades-men and of the great scarcity of Monies with the Consequences they labour under And do humbly pray That their sad Grievances may be Redressed the Causes of their Fears removed Justice executed upon the said Earl and other Incendiaries and Offenders the rather in regard till then the Petitioners humbly conceive neither Religion nor their Lives Liberties or Estates can be secured And as in Duty bound they shall ever pray c. But all they could do notwithstanding the frequent Conferences and Debates the Lords resolved to hear what the Councel would first say upon the Legality of the Bill upon which this Message was sent to the Commons by Judge Foster and Judge Heath That their Lordships will be ready to meet at a Conference by a Committee of both Houses at Nine of the Clock upon Thursday Morning in Westminster-Hall there to hear this House according to their own Offers when they brought up the Bill of Attainder of the Earl of Strafford Mr. Hide was this Day sent up to the Lords Widnesday April 28. to acquaint them with the Fears they have that the Earl of Strafford may design to Escape That he hath Ships at Sea at Command and the Guards weak and to desire he may be made a close Prisoner and the Guards strengthened To which the Lords answered They would take it into Examination and give Directions accordingly Upon Thursday the Houses being met at the Hall Thursday April 29. the King Prince and Queen being present Mr. St. Johns to whom that Province was consigned by the Commons made his Argument of the Legallity of the Bill of Attainder as followeth My Lords THE Knights Mr. St. John's Argument at Law for passing the Bill of Attainder April 29. Citizens and Burgesses of the Commons House of Parliament have passed a Bill for the Attainting of Thomas Earl of Strafford of High-Treason The Bill hath been transmitted from them to your Lordships it concerns not him alone but your Lordships and the Commons too though in different respects It concerns his Lordship the highest that can be in the Penal Part so it doth on the other side as highly concern your Lordships and the Commons in that which ought to be the tend'rest the Judicatory within that that Judge not them who Judge
case he perished in the separation and should marry another that he would not continue King not above one month after because this tended to the depriving of the Lawful Succession to the Crown She is attainted of Treason My Lords All these Attainders for ought I know are in force at this Day the Statutes of the 1 year of H. 4. and the 5 of Queen Mary although they were willing to make the Statute of 25 E. 3. the Rule to the Inferior Courts yet they left the Attainders in Parliament precedent to themselves untoucht wherein the Legislative Power had been exercised there is nothing in them whence it can be gathered but that they intended to leave it as free for the future and my Lords in all these Attainders there were crimes and offences against the Law they thought it not unjust Circumstances considered to heighten and add to the degrees of punishment and that upon the first Offender My Lords we receive as just the other Laws and Statutes made by these our Ancestors they are the Rules we go by in other Cases why should we differ from them in this alone These my Lords are in part those things which have satisfied the Commons in passing the Bill it is now left to the Judgment and Justice of your Lordships To which the Earl made no reply but lifting up his hands to Heaven to attest his Innocence and Petition Protection and a more Just and Equitable Sentence there he seemed to express greater Eloquence by his Silence then the other had done by his Prolix Discourse However Friday April 30. that he might not seem wanting to himself upon Friday he Petitioned the Lords That he might be heard again in point of Law to make his Defence against the Bill of Attainder but it was denied him The next Day being Saturday the King went down to the House of Lords and having sent for the Commons he made this following Speech to both the Houses My Lords and Gentlemen I Had not any intention to speak of this business The Kings Speech to both Houses concerning the Earl of Strafford April 30. which causes me to come here to day which is the great Impeachment of the Earl of Strafford But now it comes to pass that of necessity I must have part in that Judgment I am sure you all know that I have been present at the Hearing of this great business from the one end to the other that which I have to declare unto you is shortly this That in my Conscience I cannot condemn him of High Treason It is not fit for me to argue the business I am sure you will not expect it A Positive Doctrine best comes out of the mouth of a Prince Yet I must tell you Three great Truths which I am sure no body can know so well as my self 1. That I never had any intention of bringing over the Irish Army into England nor ever was advised by any body so to do 2. There never was any Debate before me neither in publick Council nor at private Committee of the Disloyalty and Disaffection of my English Subjects nor ever had I any suspition of them 3. I was never Counsell'd by any to alter the least of any of the Laws of England much less to alter all the Laws Nay I must tell you this I think no body durst be ever so impudent to move me in it for if they had I should have put a Mark upon them and made them such an Example that all Posterity should know my intention by it for my intention was ever to Govern according to the Law and no otherwise I desire to be rightly understood I told you in my Conscience I cannot Condemn him of High Treason yet I cannot say I can clear him of misdemeanor Therefore I hope that you may find a way for to satisfie Justice and your own Fears and not to press upon my Conscience My Lords I hope you know what a tender thing Conscience is Yet I must declare unto you That to satisfy my People I would do great matters But in this of Conscience no fear no respect whatsoever shall ever make me go against it Certainly I have not so ill deserved of the Parliament at this time that they should press me in this tender point and therefore I cannot expect that you will go about it Nay I must confess for matter of misdemeanor I am so clear in that that though I will not chalk out the way yet let me tell you that I do think my Lord of Strafford is not fit hereafter to serve me or the Common-wealth in any Place of Trust no not so much as to be a High-Constable Therefore I leave it to you my Lords to find some such way as to bring me out of this great streight and keep your Selves and the Kingdom from such Inconveniences Certainly he that thinks him guilty of High Treason in his Conscience may Condemn him of Misdemeanor The House of Commons were so startled and galled with this Speech that immediately upon their return to their House they cryed Adjourn Adjourn which they did in the greatest discontent imaginable for they thought they had brought the King to a Concedimus omnia and therefore finding themselves under this Mistake they betook themselves to new Arts and to effect that by the power of Tumults which they thought themselves out of the hopes of obtaining in a Regular Method All that the King got by this free Declaration of himself in favour of the Earl was to lose much of the affections of the People whether he should pass the Bill or deny it For if he passed it then it was to be imputed to the Necessity of his Affairs not his Inclinations to the good of his Subjects and if he denied it then it must have been esteemed a Denyal of Justice to his People The first beginning of these tumultuarie Disorders was upon Thursday before when a great many Apprentices The Tumult about the Spanish Ambassador and loose People beset the Spanish Embassador's House in Bishop-Gate threatning to pull down the House and kill the Ambassador To appease the Tumult the Lord Mayor of London came among them and not without a great deal of Difficulty perswaded them to retire After he had pacified the Multitude the Lord Mayor went into the House at his Entrance the Ambassador met him and desired him to drop the point of his Sword which was carried before him acquainting him That he was now in a place where the King of Spain had Jurisdiction That being done he told my Lord Mayor That in all his life he had not seen a more barbarous attempt and desired to know whether England was a civilized Nation or not where the Law of Nations was so horribly violated The Lord Mayor replied That they were of the Base and inferior sort of the People and intreated the Tumult might not be imputed to the City To whom the Ambassador tartly returned
but I confess this unfortunate thing forth of the way towards that blessed agreement which God I trust shall ever establish between You and Your Subjects Sir My Consent shall more acquit you herein to God than all the World can do besides To a willing man there is no injury done and as by Gods Grace I forgive all the World with a calmness and meekness of infinite contentment to my dislodging Soul So Sir to you I can give the life of this world with all the chearfulness imaginable in the just acknowledgment of your exceeding favours and only beg that in Your Goodness You would vouchsafe to cast Your Gracious regard upon my poor Son and his Three Sisters less or more and no otherwise than as their in present unfortunate Father may hereafter appear more or less guilty of this death God long preserve Your Majesty Tower May 4. 1641. Your Majesties most Faithful And Humble Subject And Servant STRAFFORD And for suppressing the Tumults the Commons Ordered Dr. Burgess to read the Protestation to the People and to tell them The Parliament desired them to return home which he did and thereupon they departed by which it is Evident who raised influenced and Governed the Tumults Upon Wednesday May the 5th Wednesday May 5. there happened a strange hubbub in the City which was now wholy set upon Tumults and Disorders which was upon this ridiculous occasion Sir Walter Erle was making a Report of a Design to blow up the House of Commons whereupon Mr. Middleton and Mr. Moyle two corpulent men and some others standing up to hear the Report a board in the Gallery broke and gave such a Crack that some apprehended the House was blown up indeed and Sir John Wray crying out He smelt Gun-Powder they hurried out of the House and frighted the People in the Lobby who ran into the Hall crying out The Parliament House was falling and the Members slain and the People running in confusion through the Hall Sir Robert Mansel drew his Sword and bid them stand for shame he saw no Enemy to hurt the Parliament and that there was no danger but some of the Zealots by water gave the alarm so that the Drums beat and a Regiment of Train Bands marched as far as Covent-Garden and the Rabble of Volunteers down to the House to save the Parliament which ridiculous Accident though at present it occasioned no other effect but laughter yet did strangely embolden the Factious who now plainly discovered the Influence they had over the Multitude and that they were perfectly at their Devotion Things being in this Distraction and few of the Lords daring to appear at the House Judges Opinion about the Earl of Strafford yet the Bill went on but slowly but in conclusion the Judges to give the better Countenance to the Matter being demanded their opinion and the Lord Chief Justice of the King's-Bench delivering it as their Unanimous Opinion That upon all that which their Lordships have Voted to be proved the Earl of Strafford doth deserve to undergo the pains and forfeitures of High-Treason and the Bill for perpetuating the Parliament which was brought up from the Commons the day before being quickly dispatched read and passed the next being Saturday May the 8th Saturday May 8. The Bill of Attainder was also passed the House of Lords but yet not without Opposition for all the Lords except 45 being absent of those is was carried but by 7 Votes 19 giving their Not-content to 26 that gave their content to the passing of this Fatal Bill The great Difficulty after all was to be yet overcome in procuring the Royal assent and for this purpose both the Houses attended his Majesty in the Banquetting-House to move him to it to which they received Answer That upon Monday they should know His Majesties Resolution All Sunday the King struggled with himself what to do in this Affair and certainly never was any Poor Prince so harrased between the Importunities of pretended necessity of State and the doubts of his own Conscience which told him the Earl was Innocent of what he was to die for the Lord-Chamberlain told him he acted like David and cited 2 Chron. 19. from Vers the 5 to 8. and that should he deny this it would be construed that he loved his Enemies and hated his Friends and that if he did not speak comfortably to the People they would desert him which would be worse then all the Evils that had befallen him in his life The King sent for the Judges and the Bishops to assist him the Bishops referred him to the Judges yet told him That in his Conscience he found not the Earl guilty in matter of Fact he ought not to pass the Bill but for matter of Law what was Treason they referred him to the Judges who according to their Oath ought to carry themselves indifferently between him and his Subjects only Doctor Juxon resolutely told him that if he were not satisfied in his Conscience he ought not to do it whatsoever happened the King complained of the Judges that they had not satisfied him nor indeed durst they give their Opinions freely for the satisfaction of his Conscience their own Consciences being over-awed and terrified their very Courage and Reason having deserted them in this Common Extremity and by their dubious answers abusing him as he said not easing him of his Scruples The general advice was to submit to the present necessity but how dearly both the King and they paid for making Religion truckle to reason of State hear him speak himself in his own Book concerning the Death of this Great Man I Looked upon my Lord of Strafford as a Gentleman 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon the Earl of Straffords Death whose great abilities might make a Prince rather afraid than ashamed to imploy him in the greatest affairs of State For those were prone to create in him great confidence of undertakings and this was like enough to betray him to great Errors and many Enemies whereof he could not but contract good store while moving in so high a Sphear and with so vigorous a Luster he must needs as the Sun raise many envious exhalations which condensed by a Popular odium were capable to cast a cloud upon the brightest merit and integrity Though I cannot in my Judgment approve all he did driven it may be by the necessities of times and the temper of that people more than led by his own disposition to any height and rigor of Actions yet I could never be convinced of any such criminousness in him as willingly to expose his life to the stroke of Justice and Malice of his enemies I never met with a more unhappy conjuncture of affairs than in the business of that unfortunate Earl when between my own unsatisfiedness in Conscience and a necessity as some told me of satisfying the importunities of some people I was perswaded by those that I think wished me well to chuse
between the Chair of State and the Lord Keeper's Woolsack and the House of Commons with their Speaker being come up the Clerk of the Parliament delivered the Commission whereunto the Bills were annexed upon his knee Then the Lord Privy-Seal declared to both Houses that his Majesty had an intent to have come himself this Day to have given his Royal Assent to these two Bills but some important Occasions had prevented him and so his Majesty had granted a Commission for giving the Royal Assent which was delivered to the Clerk of the Parliament who carried it to his Table and read it this being done the Clerk of the Crown read the Titles of the Bills and the Clerk of the Parliament pronounced the Royal Assent to them both severally The Bill of Attainder was as follows WHereas the Knights Citizens The Bill of Attainder against the Earl of Strafford passed May the 10th and Burgesses of the House of Commons in this present Parliament assembled have in the name of themselves and of all the Commons of England impeached Thomas Earl of Strafford of High-Treason for endeavouring to subvert the ancient and Fundamental Laws and Government of his Majesties Realms of England and Ireland and to introduce an Arbitrary and Tyrannical Government against Law in the said Kingdoms and for exercising a Tyrannous and exorbitant power over and against the Laws of the said Kingdoms over the Liberties Estates and Lives of his Majesties Subjects and likewise for having by his own Authority commanded the laying and asseising of Soldiers upon his Majesties Subjects in Ireland against their consents to compel them to obey his unlawful Commands and Orders made upon Paper-Petitions in causes between Party and Party which accordingly was executed upon divers of his Majesties Subjects in a Warlike manner within the said Realm of Ireland and in so doing did levy War against the Kings Majesty and his liege people in that Kingdom And also for that he upon the unhappy Dissolution of the last Parliament did slander the House of Commons to his Majesty and did counsel and advise his Majesty that he was loose and absolved from the rules of Government and that he had an Army in Ireland by which he might reduce this Kingdom for which he deserves to undergo the pains and forfeitures of High-Treason And the said Earl hath been also an incendiary of the Wars between the two Kingdoms of England and Scotland all which offences have been sufficiently proved against the said Earl upon his impeachment Be it therefore enacted by the Kings most excellent Majesty and by the Lords and Commons in this present Parliament assembled and by authority of the same That the said Earl of Strafford for the haynous crimes and offences aforesaid stand and be adjudged and attainted of High-Treason and shall suffer such pain of Death and incur the forfeitures of his Goods and Chattels Lands Tenements and Hereditaments of any estate of Free-hold or Inheritance in the said Kingdoms of England and Ireland which the said Earl or any other to his use or in trust for him have or had the day of the first sitting of this present Parliament or at any time since Provided that no Judge or Judges Justice or Justices whatsoever shall adjudge or interpret any Act or thing to be Treason nor in any other manner than he or they should or ought to have done before the making of this Act and as if this Act had never been had or made Saving alwayes unto all and singular persons and bodies politick and corporal their Heirs and Successors others than the said Earl and his Heirs and such as claim by from or under him all such right title and interest of in and to all and singular such of the said Lands Tenements and Hereditaments as he they or any of them had before the first day of this present Parliament any thing herein contained to the contrary notwithstanding Provided that the passing of this present Act and his Majesties Assent thereunto shall not be any determination of this present Sessions of Parliament but that this present Sessions of Parliament and all Bills and matter whatsoever depending in Parliament and not fully enacted or determined And all Statutes and Acts of Parliament which have their continuance until the end of this present Session of Parliament shall remain continue and be in full force as if this Act had not been The Earl understanding that the Bill was passed did humbly Petition the House as follows SEeing it is the good Will and Pleasure of God The Earl of Strafford's Petition to the House of Peers that your Petitioner is now shortly to pay that Duty which we all owe to our frail Nature he shall in all Christian Patience and Charity conform and submit himself to your Justice in a comfortable assurance of the great hope laid up for us in the Mercy and Merits of our Saviour blessed for ever only he humbly craves to return your Lordships most humble thanks for your Noble Compassion towards those innocent Children whom now with his last blessing he must commit to the protection of Almighty God beseeching your Lordships to finish his Pious intention towards them and desiring that the Reward thereof may be fulfilled in you by him that is able to give above all that we are able ask or think wherein I trust the Honourable House of Commons will afford their Christian Assistance And so beseeching your Lordships charitably to forgive all his Omissions and infirmities he doth very heartily and truely recommend your Lordships to the Mercies of our Heavenly Father and that for his goodness he may perfect you in every good work Amen The next day being Tuesday May 11. Tuesday May 11. the King sent this Passionate Letter to the Lords in behalf of the Earl My Lords I Did yesterday satisfie the Justice of the Kingdom The Kings Letter to the Lords concerning the E. of Strafford by passing the Bill of Attainder against the Earl of Strafford but Mercy being as inherent and inseperable to a King as Justice I desire at this time in some measure to shew that likewise by suffering that unfortunate Man to fulfil the Natural Course of his Life in a Close Imprisonment Yet so if ever he make the least offer to escape or offer directly or indirectly to meddle in any sort of publick business especially with me either by Message or Letter it shall cost him his Life without further Process This if it may be done without the Discontentment of my People will be an unspeakable contentment to me to which end as in the first place I by this Letter do earnestly desire your Approbation and to endear it more have chosen him to carry it that of all your House is most dear to me So I desire that by a Conference you will endeavour to give the House of Commons Contentment assuring you that the Exercise of Mercy is no more pleasing to me than to see
House of Commons was printed and dispersed all over England which when complained of though disclaimed by the House within doors yet was it never Counter-manded no Penalty inflicted upon the Printer Publishers or Spreaders of this Counterfeit Order nay they were not so much as once questioned for it By the Encouragement of this Order and the Countenance this Petitioning and Articling against the Clergy found from the Committee for Religion there were above 2000 Petitions Exhibited in a short time against them in which they were charged with the most horrid Crimes of Adultery Prophaneness Swearing Drunkenness and indeed what not Every accusation was not only received but Credited insomuch that few or none of the Loyal Clergy Escaped the lash Honesty and Learning being then as Mr. Selden said Sins enough in a Clergy-man And when ever the Reader shall hereafter meet with any of these Votes against the Clergy he is to look upon them rather as Marks of Honesty and honourable Scars of their Wounded Reputation then brands of ignominy or real Crimes for all their Sufferings proceeded only from their being guilty of Loyalty to their Sovereign Lord and King and Obedience to their Superiors and the Laws of the Church and of the State too as then it was Established But to pass forward this New Plot of seducing the Army with which not only London but the whole Nation rung again was of Extraordinary Service to them and from the Rumors which were spread of a French and Irish Army to be landed to joyn with the English Army the Phanatical Party took Occasion to provide themselves with Arms and Ammunition of which afterwards they made sufficient advantage when the Contest between the King and the Two Houses grew so high as to come to the fatal decision of the Sword A Letter was this day Ordered to be sent to the Army in order to the discovery of this Conspiracy against the Parliament and Mr. Speaker was ordered to send Copies of it under his hand to Sir John Conyers and Sir Jacob Ashley The Letter was thus penned SIR WHereas there have been just Causes of Jealousies that there have been some secret Attempts and Practices to infuse into the Army a mislike of this Parliament The Speaker's Letter to the Army to some dangerous intent and purpose against the State and that now the matter is grown unto a strong presumption upon further discoveries and by reason that some of those which were suspected to have been Active therein are fled upon the first stirring thereof before ever they were once named It hath pleased this House to declare That notwithstanding they intend to search into the bottom of this Conspiracy yet purposing to proceed Especially against the Principal Actors therein this House hath resolved whereunto the House of Peers hath likewise consented That for such of the Army as the Conspirators have endeavoured to work upon if they shall testifie their Fidelity to the State by a timely discovery of what they know and can testifie therein they shall not only be free from all punishment but also shall be Esteemed to have done that which is for the Service of the State in discovery of so dangerous a Plot against it And for such of the Army as are and shall be found no wayes tainted with this dangerous Design or knowing any thing thereof shall make such discovery as aforesaid as this House shall no wayes doubt of their Loyalty and Fidelity so it will have an Especial Care not only to satisfie all such Arrears as this House hath formerly promised to discharge but also give a fair Testimony of the Sense they have of their present and past Want And it is Ordered by this House That immediately after the receipt hereof you should communicate this their Declaration unto all the Officers and Members of the Army under your Command Your very Loving Friend c. It was this day also Agreed to a further Cessation of Arms for a Month longer Cessation prolonged for a Month from May 16. to begin from the 16. of May if the Treaty shall so long continue A Bill was read the first and second time for better levying and raising Mariners and Saylors and others Monday May the 10th for the defence of the Kingdom An Information was also given in Search for Arms at Lambeth or at least so pretended to render the Archbishop more Odious to the Populace and to Exasperate them against Him and the Rest of the Bishops that there were great Stores of Arms and Ammunition laid up at Lambeth in Order as was buzzed about among the Faction to promote some ill Designs against the Parliament whereupon Sir John Evelyn and Mr. Broxam were Ordered to go over to Lambeth to view what Arms were there and some others were appointed to search about the Parliament House lest any Plot should be secretly hid there or rather in truth to amuse the People by these strange Fears and Jealousies and keep them up in that Heat in which they were against the Government This Day were passed Money to be borrowed of the City upon Passing the Bill of Attainder and Bill for Parliament as before was observed the Fatal Bills for the Attainder of the Earl of Strafford and for the continuance of this Parliament upon which the Citizens and Burgesses for London were ordered to represent to the Lord Mayor and Court of Aldermen and Common Councel what past this day concerning the Bill of Attainder and the Bill for the Sitting of this present Parliament and to move for a present Answer to be given for the Sixscore thousand pounds promised to be lent by the City for the great Occasions of the Kingdom There goes a Story which I have heard confirmed for truth That a certain Witty Nobleman the next morning after the passing this Bill for the Continuance of this Parliament during their Pleasure coming to the King 's uprising Saluted him in this Familiar manner Good morrow fellow Subject Which though at present it did only a little surprize his Majesty yet afterwards he found that no less was by that ACT intended by the Faction who treated him as a Co-ordinate third Estate Mr. Message from the King concerning the Lord Cottington c. Treasurer Vane brings a Message from the King to the House to acquaint them That his Majesty had already given Directions to prepare a Patent to make my Lord of Salisbury Lord Lieutenant of Dorsetshire the Lord Cottington having offered to surrender his Patent and that the House may hereby see how ready his Majesty is to satisfie all their Just Requests being resolved to repose himself intirely upon the Affections of his People To which Message Mr. The Commons Answer Treasurer was Ordered barely to return the Thanks of the House whereas formerly upon far less Occasions more Dutiful Commons were ever wont to return their Answer with the Stile of His Majesties Gracious Message and these Men
in Charity it is a supposition not to be supposed no nor in Reason that they will go against the Light of their understanding The holiness of their Calling their Knowledge their Freedoms from Passions and Affections to which Youth is very obnoxious their vicinity to the Gates of Death which though not shut to any yet always stand wide open to old Age these My Lords will surely make them Steer aright But of matter of Fact there is no disputation some of them have done ill Crimine ab uno disce omnes is a Poetical not a Logical Argument Some of the Judges have done so some of the Magistrates and Officers and shall there be therefore neither Judge Magistrate nor Officer more A personal Crime goes not beyond the Person that commits it nor can anothers Fault be mine Offence If they have contracted any Filth or Corruption through their own or the Vice of the Times cleanse and purge them thorowly But still remember the great difference between Reformation and Extirpation And be pleased to think of your Triennial Bill which will save you this labour for the time to come fear of punishment will keep them in order if they should not themselves through the love of Vertue I have now My Lords according to my poor Ability both shewed the Conveniences and answered those Inconveniencies that seem to make against them I should now propose those that make for them As their falling into a Condition worse then Slaves not represented by any and then the dangers and inconveniences that may happen to your Lordships but I have done this heretofore and will not offer your Lordships Cramben bis coctam In the Commons House the Affair of the Captives at Algiers fell under debate and produced these following Votes Resolved Votes about the Captives at Algiers c. That his Majesty be moved to send at the Charges of the Merchants some fit person to the Grand Seignior to demand the English Captives in Algiers and other the Turkish Dominions Resolved c. That in some convenient time a Fleet of Twenty Ships and Pinnaces be sent to Algiers to assail the Town and their Ships if the Captives be not delivered upon the demand of them Resolved c. That the Book of Rates being setled One per Cent. be laid upon Trade over and above the Sums in the Book to be collected and imployed by Commissioners to be appointed by the Parliament for this special Vse and continue so long as the Parliament shall think fit A Message was brought to the Lords by Mr. Conference about the Scots Secretary Vane to let their Lordships know that the Select Committee of their House have Reported what was yesterday done at the meeting with the Select Committee of Lords Thereupon the House of Commons having taken the business into Consideration have Resolved c. That the whole Arrear of 120000 l. be presently paid to the Scots out of which the due Debts of the Counties are to be deducted and for the Brotherly assistance of 300000 l. it shall be setled and secured by the Kingdom to them Resolved c. That if the deductions may withdraw more Moneys than the Scots can spare from the Disbanding then the whole 120000 l. shall be allowed them for the Disbanding and the Debt of the Counties be taken upon the Kingdom for the present and be first paid out of the Brotherly assistance Resolved c. That when the Treaty shall be fully Concluded and Publick Faith given for Peace and Security for Mony both the Armies may be Disbanded by degrees as mony shall come in Resolved c. That the Committee shall have power to present these Heads to the Lords Commissioners to treat with the Scots Likewise the House of Commons desired that a meeting might be between the Lords Commissioners and the Scots Commissioners this Afternoon at four of the Clock and propound these Resolutions unto them All which the Lords assented to Saturday May 22. Monday May 24. Money borrowed of the City desired to be continued Votes about the Bishops Bill in the Lords House The greatest part of this day was spent by the Commons in the Debate of the Scottish Articles Fifty Thousand Pounds and Sixty Thousand Pounds formerly lent by the City was this day desired to be continued a Year and a half longer with promise to be repaid out of the four hundred thousand pounds voted to be raised for payment of the debts of the Kingdom The Bill concerning the Bishops was this day Debated in the House of Lords and after a long and serious Debate the House was Reassumed and it was Resolved upon the Question That the Arch-Bishops and Bishops shall have Suffrage and Voice in the House of Peers in Parliament Resolved c. That the Arch-Bishops and Bishops shall not have Suffrage and Voice in the Court of Star-Chamber when they are called Upon the further Debate of the Bill about Bishops it was this day further Resolved c. That no Arch-Bishop or Bishop or other Person in Holy Orders shall be Justices of the Peace Resolved c. That no Arch-Bishop or Bishop nor other Persons in Holy Orders shall be of the Privy Council to the King or to his Successors The Commons fell this day upon consideration of the Customers but before they came to any Vote Mr. Pym made a motion for them offering a Hundred Thousand Pounds composition Tuesday May 25. Customers offer 100000 l. For an Act of Oblivion provided they might have an Act of Oblivion but the proposition being rejected by the House it was Voted Resolved c. That all Collections of any Sums of Mony by colour of Subsidies Imposts or Aids upon any Merchandize whatever not granted by Parliament are against the Law and Liberties of the Subject Resolved c. That all such persons as have Collected any such Sums of Mony under colour of Subsidy Imposts or Aid upon any Merchandise whatever not granted by assent in Parliament are Delinquents The Complaint of the Vintners against Alderman Abel Wednesday May 26. The Vintners Case against Abel and Kilvert and Mr. Kilvert for taking one peny per Quart upon all French Wines and two pence per Quart upon Spanish Wines was this day debated in the House of Commons and upon the Debate voted Illegal and a Bill Ordered to be brought in against the said Alderman Abel and Mr. Kilvert The Customers Sir Paul Pindar The Customers Petition for an Act of Oblivion and to pay 150000 l. in a Month. Sir Abraham Daws Sir John Worstenholm and Sir John Jacob Petitioned the House for an Act of Oblivion whereupon it was Resolved c. That one hundred and fifty thousand pound offered by the Petitioners in satisfaction of their Delinquency to the Common-wealth shall be accepted they paying the Mony within one Month as was expressed in their Petition and an Act of Oblivion to be passed according to certain Limitations made in
existit at quod in Recordo illo in nullo est errat ' Ide◠Consideratum est quod judicium predictum in omnibus affirmetur in omnibus suo robore effectu stet remanet dicta Causa pro Errore superius assignat ' aut allegat ' in aliquo non obstante super quo Record processum predict ' necnon process ' predict ' Curia Parliamenti ibidem in premissis habit ' è predict ' Curia Parliamenti coram Domino Rege ubicunque c. per predict ' Cur ' Parliamenti Remittentur ac predictus Carolus in Curia Domini Regis coram ipso Rege habeat Executionem judicii predicti versus prefatum Thomam juxta formam effectum judicii illius predict ' Breve de Errore super ' inde non obstante Subscribed by the Clerk of the Parliament and delivered to the Defendant in the Writ of Error 29 May 1641. to be remitted into the King's-Bench that Execution may be had upon the Judgment Mr. Monday May 31. Bills for taking away the Court of Sear-Chamber and regulating the Council Board ingrosted Tuesday June 1. Votes about the Petty Farmers of the Customs Prideaux reports the Bill for taking away the Jurisdiction of the Court of Star-Chamber as being contrary to Law and tending to the bringing in of Arbitrary Government as also a Bill for regulating the proceedings of the Council-Board upon which they were ordered to be ingrossed The House fell this day upon the business of the petty Farmers of the Customs Sir Nicholas Crisp Sir John Nulls Sir John Harrison c. and upon the Debate it was Resolved c. That the Petty Farmers of the Customs taking above three pence in the pound of Merchants Strangers and others of the King's Subjects more then by Law allowed is Illegal Resolved month June 1641. c. That the said Petty Farmers for taking above the said three pence in the pound are Delinquents Resolved c. That the said Petty Farmers are for the said offence liable and ought to make restitution Notwithstanding which in favour of Sir John Harrison Resolved That Sir John Harrison a Member of the House in regard of his great service in advancing fourty thousand pounds shall not be prejudiced as to his sitting in the House Sir John Strangeways moved in the behalf of himself and the 59 that Voted against the Bill of Attainder of Thomas Earl of Strafford that there might be some order taken for their security for that they went in fear of their Lives daily affronts and great abuses being put upon them by licentious people who resorted about the Parliament House But these mighty asserters of the Priviledges of Parliament one of the greatest whereof is freedom of Speech and liberty to Vote according to a Man's Conscience thought not fit in this Case to assert their Priviledge but to leave these worthy Gentlemen at the mercy of the Rabble who were by no means to be disobliged there being further occasion to make use of their Tumultuary Insolence in order to their thorough Reformation This day Mr. Tayler presented his Petition Wednesday June 2. desiring to be restored upon his submission but it was rejected A Debate arising about ways for raising of Mony a Motion was made Motion to bring in Plate to be Coined That in regard Mony could not be procured so suddenly as the present necessity of Affairs required there might be some Expedient thought on to bring in the Plate of the Kingdom to the Mint and it was referred to a Committee to consider of it and what way it might be done The Bill for Regulating the Clerks of the Market being Reported Bill for the Clerk of the Market ingrossed Thursday June 3. Report of the Conference with the Lords about the Bishops Bill was Ordered to be Ingrossed Mr. Pierrepoint Reports the Conference with the Lords concerning the Bill for disabling Bishops to Vote in the House of Peers That their Lordships conceive that the Commons understand not unlawfulness to have any Votes there to mean to be contrary to any Law but of convenience or inconvenience because if they had thought it absolutely unlawful they would not have made Exception of the Vniversities and of such of the Nobility as should happen to be in Holy Orders And for the Bishops Right to Sit and Vote in Parliament their Lordships conceive that both by the Common Law Statutes and constant practice there is no question of it As for inconveniencies their Lordships did not yet Vnderstand any such that might induce them to deprive the Bishops and their Successors of the Right of voting in Parliament but if there be such which they yet know not they will be willing to hear them and take it into Consideration For their Votes in the Star-Chamber Council Table or any Office in Secular Affairs they have fully consented to the desires of the Commons Their Lordships have Excepted the Dean of Westminster as being a Corporation confirmed by Act of Parliament Sexto Eliz. As also that of Durham Ely and Hexam and the several Jurisdictions of those Bishops to keep Courts-Baron there by their Stewards c. And all other Courts Executed by Temporal Officers which their Lordships conceive not to be contrary to this Bill After which the Bill for disarming Recusants being reported Bill for Disarming Recusants ingrossed Bill against New Canons Read first time was ordered to be ingrossed Then a Bill for the making void of certain Canons and Constitutions Ecclesiastical lately made and for the punishment of such Prelates and others as were the framers and makers of them was read the first time The House then Entred upon the consideration of the Scottish Articles some of which were assented to Sir Thomas Widdrington reports the Case of Sir John Corbet Friday June 4th Report of Sir John Corbet's Case upon which these Votes passed Resolved c. That the Imposition of 30 l. per annum laid upon the Subjects of the County of Salop for the Muster Masters Fee by the Earl of Bridgwater Lord Lieutenant of that County is an Illegal Charge and against the Petition of Right and that it is high presumption for a Subject to impose any Tax upon the Subject and that the taking it is at Extortion against the Right of the Subject Resolved c. That the Attachment from the Council Board by which Sir John Corbet was committed was an Illegal Warrant Resolved c. That Sir John Corbet ought to have Reparation for his unjust vexation and imprisonment Resolved c. That the Earl of Bridgwater ought to make Sir John Corbet reparation Resolved c. That the House thinks sit that the Attorney General take the Information in the Star-Chamber against Sir John Corbet off the File and that he take some Course that the Bond which he entred into to attend the Suit at the Hearing be delivered unto him Resolved c. That the Lords
Readiness though at the same time the Parliament had sent Orders to him by Commissioners authorized under the Great Seal according to the King's Directions to apprehend him but he pretended the Orders came not time enough And at the same time he took an Oath which was administred by the King's Authority under the Great Seal to be True and Faithful to the King and Parliament and keep the Town of Portsmouth for their Use and not to deliver it but by both their Consents The Plot being made known to the House of Commons they resented it as a thing of very dangerous Consequence and found it necessary therefore that Mr. Goring should own the Discovery of the Design and immediately he was sent for by the House of Commons whereof he was a Member and being present there he was commanded to declare his Knowledg of the Design Upon this Command he Expressed himself in these Terms Having been told that there was an Intention to Unite the Forces of our Army and to put them into a Posture of being aâ—â—e if not purpose of being willing to interpose in the Proceedings of â—â—â—nament I hearkened to the Propositions of soliciting a Redress for the Miseries of the Souldiery being the first step to this in respect of the present Necessities of it not any future consequence of trouble to those that were to procure our Relief But lest the manner of asking this or the Effect of it being obtained might be less just than the thing it self which was desired and I might be involved in their Crime that had further Ends perhaps than merely the Redress of our Armies Grievances I thought it not amiss to take some Witness of my Integrity along with me and spake to a Noble Lord the very same Day when I assured him there were some Officers of the Army that were least thought on that had not the greatest Zeal to the Proceedings of this House and I thought there would be an occasion to let him know more of it within few Days After this Mr. Jermin and I being admitted into a Consultation where we were tied to Secrecy by an Oath in the Company of those Gentlemen I have named in my Depositions where their purpose was declared to us in some Propositions which were to this Effect First putting the Army into a Posture to serve the King Secondly Tendring a Declaration to the Parliament containing That no Act of Parliament should be made contrary to any former Act which was Expressed That Episcopacy should be kept up as it is now Thirdly That the King's Revenue should be Established This I thought unlawful for our undertakings since they intended to interpose in the Determinations of this House and it belongs to an Army to maintain not to contrive the Acts of State I objected therefore against their Propositions and more the Follies and Difficulties than the irregularities of them not only because I thought Reason a greater Argument with them than Conscience but because I was so unhappy of the two to be thought a worse Common-wealths-man than a Souldier and in that quality could procure most Credit for my words I endeavoured to shew them that as the Design would be impious if the most desperate Counsels had been followed so it would have been the weakest that ever was undertaken if they were omitted And whereas I am said to have a part in this Violent Councel till the day before this Meeting I never heard word of it and knew not when I came to the Room whether theirs were not the same with the other This they may witness for me and that I declared I would have to do with neither and that I expressed contempt of our meeting in that manner But I rely upon the Testimony of some Noble Lords of his Majesties Council and others how I protested against all those violent Councels even in the Birth of them and with what Piety I looked towards the Person of his Majesty and the whole Kingdom in this Business I appeal also to them and some Members of this House what my Carriage was towards these Gentlemen that were imbarqued in these Undertakings intending rather to prevent a mischief by abandoning their Councels than to ruin them by disclosing them But mistake me not for had I known of any former Plot proceeded in that could indanger or disturb the Quiet of his Majesty or the Peace of the Kingdom I should not have been contented with declaring mine own Innocency nor have stayed till the Commands of this House or an Oath Extorted from me a discovery but by a hasty open Declaration have broke the Laws of Amity and Friendship and all former Tyes to the present Duty of a Subject and as freely Exposed the Knowledg of all to the View of the World as I have been tender in publishing these Purposes even to my nearest Friends which had weight enough to crush nothing but the Undertakers of it And certainly if they had stayed where I left them there was no Conclusion at all It appears there were two several Intentions digested by others before they were communicated to me and I know not whether my hearkening to them was a fault but I am sure it was no misfortune By what hath been related Thursday June 10. The L. Digby Expelled the House of Commons but made a Baron the Reader will Easily perceive for what Reason my Lord Digby thought himself Obliged to speak so sharply against Colonel Goring as by his own Confession guilty of a Wilful Perjury as Entring into the Oath of Secrecy purposely with an Intention to discover the Confederacy But all this would not Satisfie the Faction who had entertained a mortal displeasure against him for his Apostacy as they called it in declaring so frankly his Opinion against the Bill of Attainder against the Earl of Strafford for though their Resentments slept some time it was only to gain a fit opportunity to discover their Revenge to purpose and therefore laying hold of these Expressions against Colonel Goring he was this Day by Vote Expelled the House as unworthy to continue any longer a Member of it and Mr. Speaker was Ordered to give Directions to the Clerk of the Crown to issue out a Writ for a new Election in his Place But this was only to shew their Revenge for this very day he was introducted with the Usual Ceremony into the House of Lords and placed next below the Lord Brook his Writ being dated the 9th of June 17 Caroli Regis And immediately upon this it was Ordered That the Lord Digby be added to all the standing Committees The Names of the Persons complained of Yesterday for Disorders in the Church were this day given in to the House of Lords The Names of those that committed the Disorder at the Communion and the Lords Order about it Those that pulled down the Rails about the Communion Table in St. Saviour's Church in Southwark were William Smister William Shepheard Toby Grotwick Hugh
Justice and many other Difficulties daily through delayes growing Greater is such that it cannot suffer longer delay And therefore that the Houses of Parliament would be pleased so far to Express their Reciprocal respect of our Affairs that they will give present Assent to his Majesties Coming in his Royal Person at the day aforesaid without which we can have no ground to deal with the Parliament to the Effect above Adam Blaire Which Answer their Lordships taking into Consideration the House did incline that the King should go his Journey to Scotland at the prefixed time Provided that the Armies be Disbanded and the Bills pass which are ready and will be ready for Settling the Peace and Security of this Kingdom before that time And upon signification that his Majesty Commanded the abovesaid Answer to be Communicated to both Houses of Parliament it was Resolved to have a Conference with the Commons Which being done accordingly a Message was brought from the House of Commons by Mr Secretary Vane to let them know That upon the Report made to the House of Commons concerning the time of the King's Journey to Scotland they have taken the same into Consideration and they desire in Regard of the Weighty Affairs of the Kingdom at this time that their Lordships would joyn with them in Petitioning his Majesty That he would be pleased not to begin his Journey to Scotland from hence untill the 10th of August next To which their Lordships Answer That their Lordships will Joyn with the House of Commons in their Desires and will appoint some Lords to Attend his Majesty for his Answer herein And the Earl of Essex Earl of Warwick and Earl of Bristol were appointed to move the King herein for his Answer The Earl of Bristol returned with this Answer from his Majesty That he is ingaged by Promise to be in Scotland by a peremptory Day but if the Lords Commissioners do Treat with the Scots Commissioners for further Time for his Journey and they Consent thereunto his Majesty will refer himself to it Upon this the Lords Commissioners were appointed presently to meet with the Scots Commissioners and move them herein and it was returned That the Scots Commissioners hope the Parliament of Scotland will give way for deferring the King's Journey until the Tenth of August but desire the Houses of Parliament will declare whether they Consent to the King 's going then or what other certain time the Parliament will agree to And after a Conference with the Commons upon this Subject the Earl of Bristol reported That the House of Commons by way of Answer to the Conference do present a Vote which was passed in their House which was read as followeth Resolved upon the Question That this Answer shall be returned to the Lords To desire their Lordships to joyn with this House to Petition his Majesty that he will be pleased to stay his Journey into Scotland until the 10th of August and that if then he shall please to take his Journey this House shall Submit unto it Hereupon it was Ordered That this House doth Assent to the Vote of the House of Commons Upon the Petition of one Mr. Cradock it was Ordered Committee for Scandalous Ministers revived That the Committee for Scandalous Ministers should be revived to Sit on Friday and the Petition was referred to them Upon Reading the Petition of the Parson and some of the Inhabitants of the Parish of St. Thomas Apostles in London A Petition against several Sectaries for pulling down Rails at St. Thomas Apostles London complaining that John Blackwel Francis Web Thomas Colley Michael Robinson Zacheus Isles George Dye and John Roberts did in a violent manner break down and carry away the Rails about the Communion-Table in the said Church Hereupon it was Ordered That the Parties aforesaid be sent for to Answer these misdemeanours on Friday next So hot were these Zealots for this pretended Reformation that the late Sentence of the Lords against some of their Brethren in Iniquity was not able to cool it But the truth is they were not only backed but set on by some sticklers in the House of Commons who had a design against these Superstitious and Idolatrous Rails and thought it a good expedient to usher it in by shewing how grateful a piece of Reformation it would be to the Godly and well-affected Party The Bill for the Poll-mony was this day read in the House of Lords and upon some dislike about the inequality of the Rates Wednesday June 30. the Bishops pleading their inability to pay their First-fruits Tenths Subsidies and that too a Conference was desired by the House of Lords with the Commons at which Conference the Lords delivered the Bill back to have some Clauses inserted therein desiring that they might Rate their own Members as the Commons did theirs But the Commons insisted upon it to be the undoubted Priviledge of the House of Commons to impose Taxes upon which occasion Sir Simon D'Ewes made this following Discourse to their Lordships My Lords I Shall humbly crave liberty to shew you Sir Simon D'Ewes his Speech about the Poll-Bill at a Conference June 30. 1641. that the House of Commons hath done no more in rating and proportioning of these particular Summs upon your Lordships then by the Ancient rights and priviledges of Parliament they might and to speak the truth they could in possibility do no less It hath been several times spoken in this place no less justly then nobly by some of your Lordships that all matters of supply should originally proceed from the House of Commons for so hath been the practice of former times in the ages past In the Parliament Roll month July 1641. de Anno 9. H. 4. Numero 21. when the Peers began but in a small circumstance to trench upon this priviledge of the Commons there arose a long and an earnest debate upon it the issue of which produced a full declaration agreed upon by both Houses That matter of supply must first proceed from the grant of the Commons and then be assented unto by the Lords so as if we had sent up the present Bill either with blanks for your Lordships to have filled them up or have left you out wholly to have inserted your own degrees and proportions one of which we must have done if we had not proceeded as we did it must of necessity have followed that your Lordships contrary to the undoubted priviledge of the same House had originally granted aid and subsidy and the Commons had but assented Before that time though not upon so great an occasion it was declared in Parliament as appears in Rotulo Parliamenti de Anno 5. R. 2. n. 16. That the House of Commons are first to treat of matter of supply to resolve upon it and then to communicate thir resolutions to the Peers Now my Lords our resolutions are most properly couched in a Bill so as we did transmit the present Grant
time the Bill intituled An Act for the speedy Provision of Mony for disbanding the Armies Poll Bill passed the Lords House and setling the Peace of the two Kingdoms of England and Scotland and it was put to the Question and contented to pass as a Law Memorandum That this House will take into Consideration hereafter how the Bishops may be relieved concerning the Payment of their double Tenths if they shall see Cause so to do A Message was sent to the House of Commons to desire a present Conference by a Committee of both Houses touching Honour Conference to be with the Commons about the Kings bestowing Honours The subject of the Conference to be That both Houses may Petition his Majesty that Titles of Honour may not be bought and sold for Mony but that it may be confer'd by his Majesty as anciently it was for Vertue and Merit and also to consult with the House of Commons about a Bill for preventing of this hereafter and the Bill to begin from the first day of this Parliament The Bills for Regulating of the Council-Board and taking away of the Star-Chamber and the Bill concerning the High-Commission Court being read a third time and upon the Question were resolved by the major part to pass as Laws and were sent down to the House of Commons A Message was sent to the Commons to let them know that the Lords had sent some of their House to inform his Majesty that the Bills were ready for his Assent Mr. Crew and Mr. Littleton ordered to repair to the Lord Keeper Saturday July 3. Message from the Commons to the Lord Keeper that the Judges may not Travel on the Lords Day and to desire him from this House to desire the Judges in their several Circuits so to dispose of their Journeys that they may not Travel upon the Lords-Day for the ill example that is given to the Countrey thereby A Message was sent from the Lords to certifie the Commons that his Majesty who intended to be at the House in the morning had put it off till the afternoon at which time he would pass the Poll-Bill and take time to consider of the other till Tuesday But at this the Commons were displeased and Voted that they should all pass together and Mr. Arthur Goodwin was appointed to go up to the Lords to acquaint their Lordships that the passing of the other two Bills will Expedite the Mony Bill and to desire them to move his Majesty to do it with all convenient Expedition and that they will move his Majesty in it which they did who return'd this Answer That he would in his own person give his answer to their desires In the Afternoon his Majesty coming to the House of Lords the Commons were sent for by the Gentleman-Usher of the Black-Rod when the Bills were presented for the Royal Assent Mr. Speaker entertained his Majesty with this following Speech May it please your Most Sacred Majesty THe Government of this Common-Wealth rests in the Rules of Order Mr. Speakers Speech at the passing the Bill for Poll-Money July 3. 1641. and hath so much affinity and consent with the Rules of Nature in the Government of the World That the first Copy and mutation of the one may seem to be taken from the Original and first Model of the other This contemplation Most excellent and gracious Soveraign casts our Eyes upon your Sacred Majesty as that Celestial Orbe which never resting without the Office of perpetual motion to cherish the lower Bodies not enriching it self with any Treasures drawn from below exhales in vapours from the inferior Elements what in due Season it returns in showers The application makes us consider our selves those sublunary Creatures which having their Essence and Being from the influence of those Beams as the Flowers of the Field open to receive the Glory of the Sun In this Relation both contribute to the Common good your Sacred Majesty as a Nursing Father designed to bestow on your People the Blessing of Peace and Unity and we as the Children of Obedience return our duties and affections in Aids and Tributes And this compacted in one Body by the ligaments of Religion and Laws hath been the object of admiration to the whole World Amidst the distraction of Forreign Nations we only have sate under the shadow of our Vines and drank the Wines of our own Vintage But your crafty adversaries perceiving that the fervent profession of our own Religion and the firm observation of our Laws have been the Pillars of our prosperity by subtle insinuation pretending a politick necessity to admit of a Moderation in our Religion to comply with Forreign Princes and suggesting it a Principle in the Rules of Soveraignty to require and take not ask and have that it must postulare by power not petere by Laws and keep these miseries of War and Calamity between Nation and Nation and put us in the posture of gaze to the whole World But when we behold your Sacred Majesty descended from the Royal Loyns of that glorious King which by his Wisdom and Policy first ingrafted the White-Rose and the Red upon the same stock and sheathed the Sword that had pierced the Bowels of so much Nobility glutted with the Blood of People and then laid the first hopes of the happy Union between the Nations When our thoughts refresh themselves with that happy memory of that Religious King your Gracious Father on whose Sacred Temples both Diadems were placed wreathed about with this Motto faciam eos in gentem unam we cannot but believe that God and Nature by a lineal Succession from those Fathers of Peace hath ordained you that Lapis Angularis upon which the whole Frame settles and put into the hands of your Sacred Majesty the possibility and power to firm and stablish this happy Union between your Kingdoms and so raise your memory a Statue of Glory and Wisdom from Generation to Generation In all this length of time the assurance of this Union and Peace hath been the chief object of our desires Our Purses have been as open as our Hearts both contributing to this great Work manifested by so many Subsidies already presented sufficient in our first hopes for the full perfection But finding that fail have again adventured upon your Peoples Property and in an old and absolute way new burnisht by the hand of instant necessity expressed to the World the Hearts of a Loyal People and howsoever gilded with a new name of Tranquility and Peace to your Kingdoms that with more ease the People may disgest the bitterness of this Pill yet still our Hearts had the same aim and object A Gift suitable to the necessity of so vast Expences that time cannot parallel it by any example And by which if your Sacred Majesty vouchsafe your Royal assent which we Humbly pray we shall not doubt you may soon accomplish those happy effects that may present your Wisdom the object of
wonder and your Policy to be admired amongst the Nations After which his Majesty commanded the Clerk of the Parliament to pronounce the Royal Assent which he did in these words viz. Le Roy Remerciant ses bons Subjects accepte leur Benevolence ainsi le veult For the other two Bills his Majesty said Inregard he had not considered of them being Bills of great Consequence he would inform himself concerning the particulars and return an answer within few days After which the Commons with their Speaker returned to their House highly discontented that his Majesty had not passed the other two Bills for they presently after in some disorder adjourned themselves till Monday This day also Commissary Willmot Petitioned the House Commissary Wilmot's Petition rejected that he might have liberty upon Bail to go into the Country for the Recovery of his Health which was very much impaired by reason of his Imprisonment but the House being already in a great Ferment it was in an ill minute for him for whatever they might have done in a better humor his Petition was now utterly rejected The House of Commons met this Morning Monday July 5. but being highly discontented at the King 's delaying to pass the two Bills for abolishing the Court of Star-Chamber and the High-Commission Court they did not fall upon any business but within an hour the Gentleman-Usher of the Black-Rod came to the House to acquaint them that the King was come to the House of Lords and expected their attendance Upon their coming up his Majesty spake as followeth My Lords and Gentlemen I Come to do the Office which I did on Saturday last The King's Speech at Passing the Bills against the Star-Chamber and High-Commission Court July 5. 1641. to give determination to these Two Bills but before I do it I must tell you that I cannot but be very sensible of those reports of discontent that I hear some have taken for not giving my consent on Saturday Methinks it seems strange that any one should think I could pass two Bills of that Importance as these were without taking some fit time to consider of them for it is no less than to alter in a great measure those Fundamental Laws Ecclesiastical and Civil which many of my Predecessors have established c. If you consider what I have done this Parliament discontent will not sit in your hearts for I hope you remember that I have granted That the Judges hereafter shall hold their places quam diu benè se gesserint I have bounded the Forrest not according to My right but according to late Customes I have established the Property of the Subjects as witness the free-giving not taking away the Ship-mony I have established by Act in Parliament the Property of the Subject in Tonnage and Poundage which never was done in any My Predecessors time I have granted a Law for a Triennial Parliament and given way to an Act for the securing of moneys advanced for the disbanding of the Armies I have given free course of Justice against Delinquents I have put the Law in execution against Papists Nay I have given way to every thing that you have asked of me and therefore methinks you should not wonder if in some things I begin to refuse But I hope it shall not hinder your progress in your great Affairs and I will not stick upon trivial matters to give you content I hope you are sensible of these beneficial favours bestowed on you at this time To conclude You know by your consent there is a prefixed time set for my going into Scotland and there is an absolute necessity for it I do not know but that things may so fall out that it may be shortened therefore I hope you will hasten the dispatching of those great businesses that now are necessary to be done and leave trivial and superficial matters to another meeting For my part I shall omit nothing that may give you just contentment and study nothing more then your happiness and therefore I hope you shall see a very good Testimony of it by passing these two Bills Le Roy le veult This being done His Majesty said as followeth I have one word more to speak unto you and take now an occasion to present unto both Houses that thereby I hope all the World shall see that there is a good understanding between me and my people It is concerning my Nephew the Prince Elector Palatine who having desired Me and the King of Denmark to give way to a writing concerning the Dyet at Ratisbone with the Emperor I could not but send my Ambassador to Assist him though I am afraid I shall not have so good an answer as I expect which my Nephew fore-seeing hath desired me for the better countenancing of the same to make a Manifesto in my Name which is a thing of great Consequence And if I should do it alone without the advice of my Parliament it would rather be a scorn then otherwise Therefore I do propose it unto you that if you will advise me to it I do think it were very fit to be published in my name Mr. Rossetti the Popes Nuncio leaves England Treasurer after the House was returned acquaints them that Rossetti the Pope's Nuncio had left England WHereas William Shepherd now a Prisoner in the Fleet by the Sentence of this House Shepherd one of the Rioters at St. Saviours Southwark released for pressing in with others into the Church of St. Saviour's Southwark and violently breaking and pulling down of the Rails about the Communion Table which Sentence he the said William Shepherd acknowledging to be just and honourable It is Ordered That the said William Shepherd shall be released from his said Imprisonment for this Offence and set at Liberty In compliance with his Majesties Speech the House of Commons took the Prince Elector's condition into consideration the Manifesto was read and a Debate had upon it at which Sir Benjamin Rudyard made this Speech Mr. Speaker THis great Affair of the Palatinate concerneth this Kingdom in Nature Sir Benjamin Rudiard's Speech concerning the Palatinate in Honour in Reason of State in Religion We all know how near in Blood the Prince Elector is to his Majesty Many of us here know what solemn Protestations have been made in this place for the Recovery of the Palatinate by which we are bound in Honour to pursue it with our best Assistance God hath so framed the powers of Man and so ordered the course of things in this World as that in all Actions Right Reason and true Religion may well hold and go together If we consider Religion according to Reason of State we shall find that Christendom divides it self into two sides with the Pope against the Pope His Majesty is the greatest King of the Religion and therefore fittest to be the Head of that Party which will add a greater greatness to him then can be gotten any
bind us to it Wherefore Master Whitlock my humble Motion is That we may draw up a short and round Manifesto to wait upon and affirm the Kings Declaration to be still managed by Advice of Parliament which will be safe for our selves more powerful and effectual for the Prince Elector I cannot tell what the present Age thought of it and account it one of the greatest blessings of Heaven that I was not then capable of thinking but certainly Posterity will see by this Speech a most notorious and manifest Collusion in these People who notwithstanding all the glorious pretences and zeal for this deplorable Family in which the Honour and Interest of the King and Nation were by their own Confession so deeply concerned yet never intended any more assistance to this distressed Protestant Prince then a few good and great words which was a cheap way and still reserving to themselves a starting hole to assist the King in this Affair only so long as he would follow their advice Mr. Hide Reports the Results upon the Bill for abolishing Episcopacy whereupon it was Resolved Votes concerning the Bill for abolishing Episcopacy c. That all the Lands Possessions and Rights of the Deans Deans and Chapters shall be committed to the hands of Feoffees to be nominated by this Bill Resolved c. That the Lands and Possessions of the Arch-Bishops and Bishops of England and Wales except Impropriations and Advousons shall by this Bill be given to the King Resolved c. That the Impropriations and Advousons belonging to the Arch-Bishops and Bishops of England and Wales shall be committed to the hands of Feoffees in the same manner as the Lands of Deans and Chapters are appointed to be And because the Prelates and Papists were to be coupled together in the Opinions of these People both in Guilt and Sufferings it was by Vote Reselved Vote against Papists c. That the Committe of 48 propound to the Select Committee of the Lords that no Papist hereafter may have the keeping of any Castle Fort Chase Forrest Park or Walk within England or Wales and that such as are in possession of such Castles c. As aforesaid may be outed thereof according to Law Post Meridiem It was Ordered by the Commons Order about Mr. Randal a Minister formerly ordered to Bedlam That one Mr. Randal a Ministerâ— now in the Goal at Ailesbury in the County of Bucks for words spoken against the Honour of this House who was by a former Order appointed to be removed from thence to Bedlam it is now Ordered that the said Mr. Randal shall be discharged and set at liberty presently upon the sight hereof The further Debate upon Mr. Saturday July 10. Further Votes about the Bill for abolishing Episcopacy Hide 's Report about the Bill for abolishing Episcopacy was this day reassumed whereupon it was Resolved c. That a competent Maintenance shall be allowed out of the Lands and Possessions of the Cathedral Churches for the support of a fit number of Preaching Ministers for the Service of every such Church and a proportionable allowance for the Reparation of the said Churches Resolved c. That such Ecclesiastical Power as shall be Exercised for the Government of the Church shall be transferred by this Act unto the hands of Commissioners to be named by this Act. The further consideration of this matter to be referred till Monday 9 of the Clock Bill for Tonnage and Poundage being passed Mr. Solicitor was ordered to carry it up to the Lords and to move their Lordships that the Royal Assent may be had with as much speed as may be and to move the Lords to expedite the Bill against Pluralities and for disarming Recusants This day Thomas Pain the Attorney Breach of Priviledge giving the Lye to a Peer that gave the ill Language to the Earl of Thannet who charged the said Pain with some Words which were reported to be spoken by him he told the said Earl That it was False and a Lye divers times together which being proved upon Oath it was Ordered That the said Pain be committed to the Custody of the Gentleman-Vsher for the present and this House will take the misdemeanor into further consideration Report of the Conference about the Ten Heads The Earl of Bristol reported the effect of the last meeting with the Select Committee of both Houses concerning the 10 Heads and delivered some Queries and Propositions which the House of Commons made viz. Whether the Colledge of Capuchins at Somerset-House should be sent away out of this Kingdom for they are conceived to be busie Men in giving Intelligence to Forreign States and the House of Commons are induced to believe so because they understand That the Letters of the Capuchins which were Imported and Exported in one Week came to 3 l. 10 s. the Carriage Next they conceive That there are some things contained in the Articles of Treaty of Marriage with France which are contrary to Law Concerning the Education of the Prince they said they would consult further of it Concerning Licenses granted to Recusants They desire His Majesty may be moved that none may be granted hereafter Concerning the removing of the Popish Recusant Ladies from the Court they say they mentioned no particulars but spoke in the General Concerning Pensions They desire that the King may be moved That no Papist beyond the Seas may have any Pension Touching that which concerns the Queen they conceive they have had no full answer yet Concerning their Explanation who are Active Papists they mean those Recusants that are Rich and have most Power in the Countries where they Live as well Peers as others which they desire may be disarmed according to Law Concerning the Popes Nuncio they say the House of Commons are preparing a Bill Concerning the Lord Lieutenants and Deputy Lieutenants considering the State of this Kingdom as it now stands the House of Commons desires they may be such Persons as both Houses approve of and that they may be enabled the more for the defence of this Kingdom there will be a Course taken for Supplying them with Monies out of the Subsidies and the House of Commons desires that the King may be moved to let them have such Powder out of His Majesties Stores as may be spared and they will pay after the Rate of ten Pence per Pound for it as soon as they can get money and further to move His Majesty that the Arms which have been taken from the several Counties may be restored to them and if His Majesty can spare any Arms out of His Store they will buy them to furnish these Southern parts The new Bill for Tonnage and Poundage being read the Third time in the Lords House and being put to the Question Another Bill for Tonnage and Poundag passed the Lords House An Order of the Lords for Relief of a Feme-Covert and her Children against a Husband refusing to
will procure a confusion and grudging among them Upon reading the Petition of the Six Persons chosen by the Commonalty of the City of London it is Ordered by the Lords in Parliament Order about Books to be used in the Case between Lord Major and Commons That the Book of Reversions shall be perused by them and afterwards with theBooks of A. D. E. F. G. H. I. K. L. Z. O. Liber Albus Transcript Dunthorn Customs Repertory Hamersly Journal of 6 H. 7. Journal Swinerton Middleton Hayes Journal Garroway shall be brought into the Vpper House of Parliament on Monday next being the 26th of this Instant Month of July by Nine of the Clock in the morning at which time their Lordships have Ordered to hear the said Cause Sir John Hotham Reports Friday July 23. That there will be due to the Scots upon the 12th of August 57400 l. 10000 l. is expected from the voluntary Loan of the Members so that 47000 will be requisite to pay them off Ordered That there shall be a Conference with the Lords to borrow 40000 l. of the City which the Lords agreed to and the poll-Poll-Bill was proposed to the Lord Mayor and Aldermen for Security Earl of Essex made Lord Chamberlain This day His Majesty was pleased to give the white Staff to the Earl of Essex and he was Sworn Lord Chamberlain of His Majesties Household Sir Arthur Ingram carries up the Bill with amendments for the certainty of the Forrests as also a Bill for the Earl of Bedford Saturday July 24. The House of Commons then entered upon the Debate of the Articles from the Committee of Seven against Mr. Percy Mr. Jermyn c. Upon which they came to these Votes Votes upon the Articles from the Committee of 7. Resolved c. That Mr. Henry Percy in the Months of March and April last past in the Parish of St. Martin 's in the County of Middlesex did Compass Plot and Conspire with others to draw the said Army together and to employ them against the Parliament and by fear and dread thereof to compel the said Parliament to agree to certain Propositions by them contrived and to hinder and interrupt the Proceedings of the said Parliament Resolved c. The same against Mr. Henry Jermyn Sir John Suckling and Mr. William Davenant Resolved c. That in pursuance of the said Design the said Henry Percy by the Plot and Combination aforesaid did endeavour to persuade divers Members of the House of Commons of the said Parliament and others being Officers of the said Army that is to say Henry Wilmot William Ashburnham Esq Sir John Berkly Hugh Pollard and Daniel Oneal Esquires that they were disobliged by the Parliament thereby to incense and disaffect them against the Parliament and did hold divers Consultations with the said persons to effect the said wicked and dangerous Designs and for that purpose did set down in writing certain Propositions to the effect following that is to say The preserving of Bishops Votes and Functions the not Disbanding of the Irish Army until the Scots were Disbanded and to endeavour the settling of the King's Revenue to the proportion it was formerly The House fell upon the further Debate of the Articles from the Committee of Seven and it was Resolved Further Votes about Mr. Percy c. c. That the said Henry Percy in pursuance of the said Plot and Combination for the more secret Carriage and further Engagement of the said Conspirators and others the Persons aforenamed did minister unto the said Henry Jermin Hugh Pollard Henry Wilmot William Ashburnham Sir John Berkley and Daniel Oneal a wicked and unlawful Oath whereby they did Swear upon the Holy Evangelists not to reveal any thing spoken concerning that business in consultation directly or indirectly nor to think themselves absolved by any other Oath that should be after taken from the Secresie enjoyned by the said Oath Resolved c. That Mr. Henry Jermyn at the time the said Oath was Administred as aforesaid and at divers other times did propound and endeavour to perswade the Persons aforenamed and other Officers of the said Army to put the said Army into a Warlike Posture and to bring them up to London and likewise to make themselves sure of the Tower and so by force to compel the Parliament to conform to their Will Resolved c. That the said Henry Jermin Sir John Suckling and William Davenant in further Prosecution of the said Design by the Conspiracy aforesaid to disaffect the said Army towards the Parliament and to work a belief in the said Army that the King and Parliament would disagree and so under pretence of adhering to His Majesty to incense the said Army against the Parliament thereby the better to compass their wicked Design and further endeavoured to perswade the Army that all the French about London would assist them and to the great scandal of the King and his Government that the Prince and the Earl of Newcastle were to meet the said Army at Nottingham with a Thousand Horse Resolved c. That the said Sir John Suckling by the Conspiracy aforesaid for the better effecting the said wicked Design under the pretence and colour of some service to the King of Portugal did raise Men both Officers and Common Soldiers and further did contrive that a hundred of those Men should be put into the Tower of London under the Command of Captain Henry Billingsley thereby to possess themselves of the same as was formerly propounded by Mr. Henry Jermin that so they the said Henry Jermin and Sir John Suckling might better effect their said wicked Designs and have better opportunity to Master and Command the City of London that the said City should not be able to make any resistance when the said Army should come up according to the aforementioned Desing And the said Sir John Suckling in further pursuance of the said wicked intentions did by the means aforesaid Plot and Endeavour that Thomas Earl of Strafford then Prisoner in the Tower for High Treason and since Attainted and Executed for the same should make an Escape that by his Power they might the better compass and bring to pass the said wicked Design Resolved c. That the said Henry Wilmot William Ashburnham Hugh Pollard Sir John Suckling Sir John Berkley and Daniel Oneal by the inticement practice and insinuation of the said Henry Percy did take the aforesaid unlawful Oath Resolved c. That the said Henry Percy for the advancement of the said wicked Design did propound unto them the aforesaid three Propositions Resolved c. That the said Henry Wilmot William Ashburnham Hugh Pollard Sir John Berkley and Daniel Oneal were acquainted with the said Design mentioned in the first Article Resolved c. That the said Henry Wilmot William Ashburnham Hugh Polland Sir John Berkley and Daniel Oneal were together with the said Confederates present at divers Debates and Consultations touching the
and came immediately to these Votes upon it Resolved c. That this House doth conceive that the Protestation made by this House is fit to be taken by every Person that is well affected in Religion and to the good of the Common-Wealth Votes about taking the Protestation and impeaching the Bishops and therefore doth declare that what Person soever shall not take the Protestation is unfit to bear Office in the Church or Common-Wealth Resolved c. That the Knights Citizens and Burgesses and the Barons of the Cinque Ports respectively shall forthwith send down to the several Places for which they serve Copies of this Vote of the House concerning the Protestation Resolved c. That these Votes shall be printed and Attested under the Clerks Hand It was also Ordered That a Committee shall prepare an Impeachment against the Bishops the Makers of the New Canons and Oath upon the Votes that have past both Houses concerning these Canons and Oath to meet this Afternoon in the Inner Court of Wards The farther Debate concerning the Bill for abolishing Episcopacy Saturday July 31. was this Day reassumed by the Commons who were extremely Nettled at the throwing out the Bill for taking the Protestation out of the Lords House and it was Ordered That the Knights and Burgesses of every County bring in the Names of nine Persons who were to be Ecclesiastical Commissioners upon whom the Power of the Church Government should be devolved and that no Clergy-Man should be of the Commission So that upon the Matter here was to be a thorough Reformation indeed and not only the Bishops were to be excluded from Government but even all the Inferior Clergy A Government so far from Primitive that no Age ever saw any thing like it and which had it succeeded would have justified the Vulgar Scomm of the Papists that our Religion is a Parliament Religion The Treasurer of the Nvay made a Report that there is due to the King's Navy 113000 l. In the House of Lords this Day An Order of the Lords for secure conveyance of the Money to the Army was made an Order for the more secure conveyance of the Money to the Army WHereas His Majesties Treasure for his Army is forthwith to pass thorough several Counties unto York forasmuch as it is held fit for the more safe Conveyance of it that the same should be guarded by Day and Watched by Night These are therefore in the Name of the House of Parliament straightly to Charge and Require you in your several Counties respectively to appoint some able and sufficient Persons of Quality to aid and guard his Majesties said Treasure from Time to Time and from Place to Place through the several Counties and to appoint some like Able and Sufficient Men to Watch and Guard the same by Night at every Town and Place where the same shall stay as Occasion requires You are likewise to provide convenient Rooms for the Treasure and Lodging of those that attend it and Carts and Teams for the conveyance thereof paying the usual Rates wherein you may not fail to use all possible Care and Diligence as you tender the high Displeasure of this House and will answer the contrary at your utmost Perils for which this shall be a sufficient Warrant Dated the second Day of August 1641. To all Majors Sheriffs Justices of Peace Bailiffs Constables Headboroughs and all other his Majesties Officers and loving Subjects whom it may concern month August 1641. to be aiding and assisting to William Harrison and Nicholas Goldsborough and other Conductors of the said Treasure The Lords being startled at this way of Procedure Monday August 2. Difference between the Lords and Commons about printing the Votes for taking the Protestation in the Commons in the Votes of Friday about the Protestation sent a Message to them for a Conference but the Message not expressing the Subject of it the Commons took it ill and refused to meet as being contrary to the Custom of Parliament but afterwards they sent by Messengers of their own desiring to know of their Lordships the Occasion of their former Message upon which their Lordships informed them that it was about the printed Papers injoyning the taking of the Protestation Whereupon a Conference being had the Lords acquainted them that they desired there might be a fair Correspondence between both Houses and in Order thereunto they desired to be satisfied of two things by the Commons 1. Whether those Printed Papers were the Votes of their House 2. Whether they were Printed by their Command To both which they were Answered affirmatively and that they would give their Lordships further satisfaction in it This Day these Bills being thrice read in the Lords House Several Bills passed the Lords House for Hool Chappel for Gun-Powder and for Stannery Court and Eggars Free-School and put to the Question were passed there 1. The Bill for making the Chappel of Hool a Parish Church 2. The Bill for free bringing in of Gun-Powder and Sal-Petre from Forreign Parts and for the Free making of Gun-Powder in this Realm 3. The Bill for regulating the Stannery Courts 4. The Bill for Eggars Free-School in Alton in Com. Southam At a Conference this Day with the Lords Tuesday August 3. Mr. Hollis made this following Speech in Justification of the Votes of the Commons upon Friday concerning the General taking of the Protestation My Lords Mr. Hollis's Speech in justification of the Votes for taking the Protestation Aug. 3. 1641. I Am commanded by the Knights Citizens and Burgesses to present unto your Lordships their Answer to what was proposed yesterday 1. They take notice of your Lordships desire that a true intelligence may he kept between the two Houses for so your Lordships did express it In this they do with all cheerfulness concur with your Lordships as knowing this conjunction between your Lordships and them is the Golden Chain which binds up in one Gordian knot the Strength the Beauty the Happiness of this Kingdom which so knit together is not to be broken in sunder of the fiercest violence Therefore who desires to unlink this Chain and dissolve this Knot or fails of his part to the preserving and continuing it fast and firm and entire let the sin of it lye at his Door nay let it come into the midst of his House and consume it let him perish and his posterity Inherit only his shame So careful will the House of Commons be to cherish and maintain this good correspondency with your Lordships in all things Then for the business about which your Lordships were then pleased to confer with them which was a Printed Paper you had met withal as you said in your House setting forth some Resolutions of the House of Commons concerning which you have put unto us these two Interrogatories viz. The first and second Votes which were read As before Friday 30 July And not finding this Paper attested by the
Clerks under his Hand they could not judg of it till they had resorted to his Book where their Orders and their Votes are entred month July 1641. where they found their Votes concerning their late Protestation taken both by your Lordships and them and they found the contents of this Paper to agree in terminis with what is entred in their Clerks Book Then they called to mind what had passed in the House upon that occasion when those resolutions of theirs were Voted How they had considered of that Protestation that it bound all men to defend the Religion here Established c. This they conceived to be a true Test of every good Subject a Shibboleth to distinguish the Ephramites from the Gileadites that whosoever was well affected in Religion and to the good of the Common-wealth would make this Protestation and on the other side who would not make it was not well affected And such a man they held it their duties in discharge of the trust reposed in them by the whole Body of the Kingdom all the Commons of England who have sent them out as so many Sentinels to watch for them to give them notice of the good or the evil Friends or Enemies coming towards them they held it I say their duties to declare their Opinions that such a Man was not their Friend was unfit to bear Office either in Church or State and therefore they passed this Vote that it is a thing fit and necessary to be done by them and for such they do avow it And besides they thought it fit to give an account to those who had employed them the several Counties and Burroughs that sent them to give them a mark by which they might know who were good men lovers of their Countrey fit to be intrusted with Offices with the oversight of any part of Church or State and therefore they gave order this Vote should be sent down unto all the parts of this Kingdom And lastly that it might be done speedily and not stay the Writing out of so many Copies they gave order it should be Printed and be attested under the Clerks Hand with order c. The Copies of which three orders your Lordships have in this Printed Paper which the Commons assembled in Parliament have Commanded me to signifie unto your Lordships and that the passing of these Votes they do own they do avow they do justifie Mr. Serjeant Wild Reports from the Committee for the Impeachment of the Bishops for the New Canons c. But the further consideration of it was deferred till the next day and the House entred upon the further Debate of the Bill for abolishing Episcopacy Two Private Bills one for Mr. Byarley the other for Sir Alexander Denton were passed the House of Lords this Day Then a Letter dated the 27th of _____ 1641 was read Exceptions taken at a Letter from the Speaker of the Lords House in Ireland to the Speaker of the Lords House in England sent from the Speaker of the Lords House in Ireland to the Speaker of the Lords House in England and because the House conceived this Letter entrenched upon the Jurisdiction and Priviledge of this House therefore it is Ordered That the L Chamberlain E. March and E. Bristol Viscount Say and Seal do attend the King and shew him this Letter and desire him from this House that he will be pleased to make stay of the passing of those Acts of Grace and Favor that are in Treaty concerning the Kingdom of Ireland until this Business be determined in this House and further humbly to desire that the Levying of the 14 thousand Soldiers in Ireland may be stayed if it be not already done Then these Lords L. Privy Seal E. Bath E. Southampton Episcopus Lincoln were appointed to have power from this House to search Records Wednesday August 5. and Presidents concerning Ireland's dependency upon this Kingdom and to report the same to this House The House of Commons was informed that the E. of Warwick hath paid the Scots 50000 l. and will have to morrow 52300 l. more ready for them which is all the Arrear that is due to them Serjeant Wild Reports the remaining part of the impeachment of the Bishops concerning the New Canons which being read and assented to was immediately engrossed and by him sent up to the Lords where he delivered it in this manner at the Bar of the Lords House My Lords THe Knights The Impeachment of the Bishops for the New Canons Oath Aug. 4. 1641. Citizens and Burgesses of the Commons House of Parliament being sensible of the great infelicities and troubles which the Common-wealth hath sustained by the exorbitant courses of the Bishops and knowing well that the Wise man saith That if Sentence be not speedily executed against an evil Work the Hearts of the Sons of Men are set upon further mischief The timely redress whereof doth better become the Wisdom of Parliament then a too late woful repentance have commanded me to represent unto your Lordships That Walter Bishop of Winchester Robert Bishop of Coventrey and Lichfield Godrey Bishop of Gloucester Joseph Bishop of Exceter John Bishop of Asaph William Bishop of Bath and Wells George Bishop of Hereford Matthew Bishop of Ely William Bishop of Bangor Robert Bishop of Bristol John Bishop of Rochester John Bishop of Peterborough Morgan Bishop of Landaff together with William Arch-Bishop of Canterbury and others of the Clergy of that Province at a Convocation or Synod for the same Province begun at London in the year 1640 did contrive make and promulge several Constitutions and Canons Ecclesiastical containing in them divers matters contrary to the Kings Prerogative To the Fundamental Laws and Statutes of the Realm To the Rights of Parliament To the Propriety and Liberty of the Subjects and matters tending to Sedition and of dangerous consequence And to add the more weight and efficacy to this their monstrous design They did at the same Synod under a Specious and fair Title grant a Benevolence or Contribution to His Majesty to be paid by the Clergy of that Province contrary to Law It rested not there for though this had been enough to have affrighted and terrified the Kings People with strange apprehensions and fears yet that these might not seem to be contrivances of the Brain or Fancies only they were put in execution and were executed upon divers with animosity and rigour to the great oppression of the Clergy of this Realm and other His Majesties Subjects and in contempt of the King and of the Law Whether these Persons my Lords that are culpable of these offences shall be thought fit to have an Interest in the Legislative power your Lordships wisdom and justice is able to judg But for these matters and things the Knights Citizens and Burgesses of the Commons House in Parliament in the name of themselves and of all the Commons of England do Impeach the said Bishops before named of the Crime
behalf The Second Article is condescended unto according to the Proposition added to the Act of Pacification The Third Demand concerning making of War with Forreigners with the other Two Articles concerning Leagues and Confederations and concerning mutual Supply and Assistance against forreign Invasion is agreed to be referred to Commissioners to be chosen by His Majesty and the Parliaments As likewise the Fourth Fifth and Sixth Articles concerning Trade Commerce Naturalization mutual Priviledges and Capacity and other of that Nature and the demands concerning the Extract of Bonds and Decrets and the manner of safe Conduct for Transporting the Monys from England to Scotland are all referred to be taken into Consideration by the Commissioners to be appointed by both Parliaments who shall have power to Advise and Treat thereupon and report to the Parliaments respectively It is just that the Tenor of the Commission for Conserving of Peace should be agreed on by mutual Consent but the closing of the Treaty not to stay hereupon but to be left to the Commissioners to be named To that desire concerning such as should be placed about the Prince the King hath already given a clear satisfactory Answer That there be an Act of Parliament of Publick Faith for securing the payment of 220000 l. which is Arrear of the Brotherly Assistance is just and order is given for it accordingly and it shall be Communicated with the Scottish Commissioners that it may be a perfect Security The Tenth for appointing a Quorum for attending the payment of the Mony is already moved to the Parliament and will be done as is desired The Eleventh Article is very just and order shall be given accordingly for recalling all Proclamations and for Publick Thanksgiving The Twelfth Article for the Castle of Edinburgh and other Strengths of Scotland is to be settled betwixt His Majesty and the Commissioners of Scotland or by His Majesty and the Parliament of Scotland Which being read this House approved both of the Propositions and the Answers and Ordered That they should be Communicated to the House of Commons â—o morrow morning Mr. Thursday August 5. Report of the Conference about the Custos Regni Pym Reports the Conference with the Lords concerning the Custos Regni Lord Privy Seal told them That the occasion of this Conference was the matter of a former Conference desired by this House wherein two Propositions were delivered concerning a Custos Regni Commissioners to be appointed in the Kings absence to Pass these Bills 1. The Act of Treaty 2. Any Bill for raising Mony as there shall be occasion 3. For raising of Forces for Service at Sea and Land to resist forreign Invasions or Seditions at home with all things necessarily incident thereunto 4. Any Bill for Tonnage and Poundage or other Duties upon the Exportation or Importation of Commodities 5. The Bill for the preservation of the Mines for Salt-Petre and making Gun-Powder for the defence of the Kingdom 6. A Power to Pass the Bill concerning the 8 Subsidies given by the Clergy A short Act to be drawn Authorizing the Passing of Bills to be conceived upon these Heads Lord Say said That the Lords intended not to conclude this House but that they might add what they should think necessary to be Expedited in the King's absence and that some Course might be taken that the Parliament might Sit till an Act might pass to Enable and Confirm this Commission The House was then acquainted That the Bishoprick of Durham County of Northumberland and Town of Newcastle are willing to take the Parliaments Security for Billet Whereupon it was agreed That the House is contented to pay with all speed unto the Scots Commissioners the residue of the 80000 l. which they have provided accordingly and desire that the Scots Commissioners give speedy notice thereof unto their General whereby he may apply himself to put the Army into a readiness to march away according to their promises immediately upon the receipt of the said Monys And this House desireth they will receive so much of the said Mony here as conveniently they can dispose of and the House is ready to send the Residue to Newcastle if they shall desire it This day one Mr. Smith Rector of Long-Ditton in Kent Mr. Smith a Minister sent to the Gate-house who was sent for as a Delinquent upon an Information given in against him by some of the Godly and Well Affected Party that he should say The House of Commons had undeservedly Imprisoned an honester Man than any of themselves in the Tower meaning the Arch-Bishop of Canterbury For which he was committed to the Gate-House Bill against Knighthood passed by the Lords Message from the Commons about disbanding This day the Bill to prevent vexatious proceedings touching the Order of Knighthood being read a Third time and put to the Question it was Resolved to pass as a Law A Message was brought from the House of Commons by Sir Philip Stapleton to let their Lordships know That they have considered of the disbanding of both Armies and are provided of Mony to effect it and that they have resolved to take the Publick Faith of the Scots for their disbanding Further That the House of Commons had made an Order That the Horse of the King's Army be first disbanded therefore do desire this House to joyn with them That the Horse of the King's Army be first disbanded and that forthwith To which after some Consideration the Lords agreed The Petition of the Creditors of Sir Thomas Dawes was read shewing A Ne exeat regnum awarded a gainst Sir Tho. Dawes That they stand bound with the said Sir Thomas for great Sums of Mony and they have Reason to fear that he will depart this Kingdom Hereupon it was Ordered That there shall be a Ne Exeat Regnum issued out against the said Sir Thomas Dawes The House of Commons being upon the Consideration of the King's Journey Friday August 6. Commons resolved to insist upon a Locum Tenens in the Kings absence it was Resolved c. That this House shall at a Conference with the Lords insist upon the King 's appointing a Locum Tenens during his absence The Bishop of Lincoln reports the Conference with the Commons about a Locum Tenens in the King's absence in these words That formerly the House of Commons had brought up a Proposition concerning a Custos Regni in the King's absence Conference about a locum tenens in the Kings absence of which they have received no Answer which makes them now renew it again as formerly and they do offer some more Reasons 1. Because that in the King's absence many Emergent Occasions may happen in Parliament or otherwise where necessary use may be of the King's Authority especially in these time when things are not yet so fully setled 2. That by all Presidents it doth appear That when a Parliament was Sitting in the King's absence there was a Custos
That they would not have done this but upon inevitable Necessity the Peace and Safety of both the Church and State being so deeply concerned which they do however declare to the End that neither any other Inferior Court or Councel or any other Persons may draw this into Example or make use of it for their Encouragement in neglecting the due observance of the Lords Day Which being read Sir Jo. Culpeper Ordered to carry up this to the Lords for their Concurrence was assented to Nullo Contradicente Ordered That Sir John Culpeper carry up this Order to the Lords and to acquaint their Lordships how it past Nullo contradicente and that if it pass so in their House to desire it may be so entred that it may appear to Posterity with what Vnanimous Consent both Houses of Parliament are solicitous for the due Observation of the Lords Day and likewise to desire of their Lordships That it may be printed as the Declaration of both Houses To which the Lords also assented Nullo contradicente Which being done it was ordered to be entred in the Journals and printed for Satisfaction to Posterity A Proposition from the French Ambassador This day the Earl of Warwick reported that the French Ambassadour was with him and desired his Lordship That he would acquaint this House That he desired leave for the Raising and Transporting of a Regiment of English Souldiers for the Service of the French King and in particular the Earl of Carnarvan 's Troop of Horse and he said if occasion requires hereafter to imploy them in the Service of the Palatinate the French King would add Ten Thousand Foot to them in that design Hereupon the House thought fit that the French Ambassadour set down his Proposition in Writing Duke of Lenox made Duke of Richmond and Introducted Monday August 9. and then present it to this House This Day the Lord James Duke of Richmond was with the Usual Solemnity Introducted his Writ bearing Date 8th Aug. 1641. Ordered That the Gracious Answer from his Majesty be entered in the Journal of the House His Majesty sent this following Message to the House That his Majesty forgot to tell the Houses yesterday one Thing That his Businesses are so well prepared in Scotland that he shall make no long stay there and intends to be back before Michaelmas A Message from his Majesty and it may be by the midst of September Concerning the Army which he is sorry is not already disbanded but upon the Word of a Prince he will do his best and hopes not without good effects for the speedy Disbanding thereof That besides the Bill for the Scots Treaty another Bill will come down from the Lords for securing the Government in his Majesties absence And his Majesties Command at this time is to signify his desire to the House that they pass both these Bills some time this Day that so his Majesty may give his Assent unto them His Majesty desires the speedy passing of this last Bill conceiving that the passing thereof may assist his Majesty in the desired disbanding of the Armies And that when his Majesty upon Saturday bid the Lords severally Farewel his Intent then was to both Houses which if they did not so understand it his Majesty now commanded to signifie it as his Intention therein A Message was brought from the House of Commons by Mr. Message from the Commons to have E. Pembroke made L. Steward and E. Salisbury L. Treasurer Hollis to let their Lordships know That they understand that the Lord Steward is to go beyond the Seas with the Queen and so is to resign his Staff The House of Commons desires their Lordships to joyn with them to move his Majesty that he may resign his Staff to the Earl of Pembroke who is a very fit Person for that Place And further he was commanded by the House of Commons to signifie That they have taken into Consideration the setling of the King's Revenue and because it will be requisite to have a Lord Treasurer that is a Person of Honor and Abilities they have Voted Nemine contradicente the Earl of Salisbury to be a very fit Person for that Place therefore the House of Commons desires that their Lordships would joyn with them to recommend him to his Majesty for that Place The Bill for the Commission from his Majesty to give the Royal Assent to certain Bills c. was passed the Lords and carried down to the Commons A Message was brought from the House of Commons by Sir Arthur Haslerig Bill for publick Faith for Brotherly Assistance passed the Lords who delivered from the House of Commons the Bill of Publick Faith for securing by publick Faith the Remainder of the friendly Assistance and Relief promised to our Brethren of Scotland which was read immediately three times successively and being put to the Question and it was Consented to pass as a Law Nemine contradicente The Bill for Regulating and better Ordering the Clerks of the Market being read a third time passed the Lords House Tuesday August 10. Clerk of the Markets Bill passed the Lords House Conference about the Commission to pass Bills in the Kings Absence A Conference having been desired by the Commons concerning the Bill to strengthen the Kings Commission for passing Acts in his Absence it was thus reported by the Lord Keeper That the House of Commons had returned the Commission and the Act to enable the Commission with some Amendments and desired that some Additions might be made both to the Commission and to the Act for the Commons conceive that they are both too Particular and not General enough which may be very prejudicial For 1 They find no President that a Parliament was ever Sitting without a General Power 2 It might be a dangerous President to accept of a Limited Commission by an Act of Parliament 3 There may happen Emergent Occasions for the Safety of the Kingdom which cannot be foreseen therefore 't is dangerous to accept of such a Limited Commission by an Act of Parliament His Majesty being come to the House The King passes Bills in the Lords House for Pacification c. and the Commons with their Speaker being come up according to the usual manner these following Bills were passed 1 An Act for the Confirmation of the Treaty of Pacification between the Two Kingdoms of England and Scotland 2 An Act for securing by Publick Faith the Remainder of the Friendly Assistance and Relief promised to our Brethren of Scotland 3 An Act for the free bringing in of Gun-Powder and Sal-Petre from Forreign Parts and for the free making of Gun-Powder in this Realm Memorandum His Majesty said he hoped that the Parliament would consider of a Bill for making of good Gun-Powder and for preserving the Sal-Petre Works for the Defence of this Kingdom and if they did not He professeth Himself to be clear of the Inconveniences which else will follow 4 An
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.
Vote in favour of Mr. Small a Minister in Lincoln Shire The House then took into Consideration the Case of one Small a Minister in Lincolnshire sometime ago deprived of his Living by the Sentence of the High-Commission Court Conference about the Tower c. upon which it was Resolved c. That the deprivation of Edmond Small from his Living of Holm in Com. Lincoln by Sentence of the High Commission Court was Illegal and he shall be restored to his Living There was a Conference with the Lords about putting the Kingdom into a Posture of Defence as also about the Tower of London the Lieutenant Sir William Belfour being gone with the King into Scotland about some private Affairs of his own so that it was necessary that the Earl of Newport the Lord Constable of the Tower should take Care of it himself It was also there moved That Care might be taken of the Isles of Jersey Wight and Guernsey Which was agreed by the Lords and 50 men of the Hamlets to guard by Day and 50 by Night and 40 or 50 more to be added upon Emergent Occasion The Bill for Tonnage and Poundage for two Months longer was this day passed by Commission in the usual form and manner Monday August 16. Bill for Tonnage and Poundage for two Months passed by Commission * Incendiaries to be prosecuted and who those were After this the Interrogatories were delivered in to the Lords and read upon which the Scots Commissioners desire Witnesses may be Examined concerning the Earl of Traquayr Sir John Hayes Clerk Register in Scotland Sir Robert Spotswood and Dr. Walter Balcanquell and Mr. John Maxwell sometime Bishop of Ross who are pursued as Incendiaries The Interrogatories being approved of It was Ordered That the Lord Privy Seal E. Warwick E. Dover Viscount Say and Seal L. Wharton are appointed by this House to be Committees for the taking of the Examination of Witnesses in this Business and their Lordships or any Three or more to meet when they please to appoint Then the Lord Privy Seal E. Pembroke and L. Goring were sworn at the Clerks Table the Lord Keeper reading the Oath and are to be Examined concerning the Incendiaries Ordered also That John E. of Sterling Robert Young Printer William Warnor Corrector and Robert Chapman Compofer shall attend the Lords Committees this Afternoon and be Sworn and Examined in the business concerning the Incendiaries This was in order to the discovery of the Writer of the King 's large Declaration which was generally supposed to be Dr. Bellcanquel Dean of Durham which had so much Mordacis Veritatis of sharp and cutting Truth in it that the Scots thought there was no other Way to undo the Reputation of the Book but by ruining the Reputation of the Author and no way so Effectual for that as the Brand of an Incendiary burnt upon the forehead of his fame by this Publique Procedure which yet could not but even then be liable to suspition his Enemies being his Accusers and the Majority of these Lords Committees who were to report and in Effect therefore to be his Judges being apparently of the Scottish Party and Interest A Message was brought from the Commons by Mr. Strode Message about the Desperate Estate of the Kingdom and Hull to let their Lordships know That they have taken into Consideration the desperate Estate the Kingdom now stands in in the time of Disbanding the Army and they have Considered of the Danger the King's Ammunition at Hull is in if there should be any design upon it Therefore they desire their Lordships would joyn with them in some Course that the Ammunition there be not stirred nor removed from thence without the Order of both Houses of Parliament Hereupon it was Ordered That a Letter be sent to the Lord General to give Order That no Munition or Artillery of the Kings at Hull be removed or sent from thence but by Order from both Houses Mr. Pym reports from the Committee about the Commission for the Commissioners of both Houses who are to attend the King in Scotland Difficulty about the Commission for the Commissioners to go into Scotland That the first thing they took into Consideration was the Commission to give Power to these Commissioners and the doubt is Whether such a Commission may be granted or no the King being now out of the Kingdom so that the Royal Assent cannot now be had and it would be of much danger if such a Power may not be had and therefore they desire the Opinion of the House in this Point Upon which a Conference was desired with the Lords upon this Subject After which Mr. Pym Reported it to the House That the Lords were doubtful The Opinion of the Lords at a Conference about it and therefore propounded to have a Messenger sent to procure his Majesties Warrant and the Commissioners to stay here till the Messenger returned and that in the mean time they would consider of their Instructions This day the Earl of Dorset signified to the Lords House That he hath Waited on the Queen and hath acquainted her Majesty with the Humble Desires of this House touching restraining of the Capuchin Friers in Sommerset House from tampering and withdrawing the Kings People Her Majestie sayes The Queens Answer about the Capuchin Friers at Denmark-House Aug. 17. 1641. It is much against her Will that they have gone abroad or have endeavoured to pervert any from their Religion and her Majestie is also very unwilling that any English People should resort there to Chappel but her Majesty will give Order to prevent these for the future And the Earl of Dorset said He would obey their Lordships Command and send for the Chief of the Capuchins and give him a strait Command not to suffer any of the Friers to go abroad nor any English People to come to them or to hear Mass there The Impeachment brought up from the House of Commons against the 13 Bishops was read Votes in the House of Lords about the Impeachment of the 13 Bishops and the House fell into Debate what time they should have to Answer and whether in this Debate they should be present in the House And it was Resolved upon the Question That the Lords the Bishops that are Impeached may Sit in this House without Voting when it is in Debate whether they shall have further time to Answer or not Resolved c. That such of the Bishops as are Impeached shall not Sit here in this House when the Merits of the Cause is in Debate Resolved c. That when the disposing of the manner of the Proceedings of the Cause is in Debate the Bishops may Sit in this House but not Vote The Letter drawn by the Committees of both Houses to the Lord General concerning Hull The Letter to the Lord General concerning Hull was read as follows May it please your Excellency I Am commanded by the House of Peers
set up Mr. Sedgewick a Factious Minister to preach a Thursday-Lecture in his Parish This day the whole Trained Bands of Westminster attended all the day long in Arms The Trained-bands raised to Guard the Parliament in the Palace Yard till both the Houses rose when they received Directions from the Earl of Essex to divide their whole number being about 500 Men into four parts for that it would be too hard duty for the whole Band daily to attend and also to watch by Night therefore one hundred might attend for the Day and be relieved at Night for a Corps du Guard and by this means they might alternatively be eased The Commons reassumed the Debate concerning the Danger of the Times Thursday October 21. and Ordered that another Head of the Conference with the Lords should be to move That an Express be sent to the Committee of both Houses in Scotland to let them know That the Parliament takes well the Advertisement and that they conceive the Peace of that Kingdom concerns the Good of this Kingdom and that if there be any Tumult to oppose the Acts Confirmed by both Kingdoms and that his Majesty will Command any Assistance to Suppress them that both Houses will be ready to maintain his Majesty in his Greatness and to suppress those that are disturbers of the Peace It was also further desired at the Conference That Sir John Berkley and Daniel Oneal who had rendred themselves to the Committee during the Recess might be Examined by the Lords in the same manner as the others who were suspected of the Confederacy had been and it was particularly Ordered by the Lords That Sir John Berkley be Examined concerning what he reported of the Lord Admiral 's Advice to him to come over into England he being fled upon a suspition of having a hand in the late Treason of bringing up the Northern Army against the Parliament A Complaint was brought into the House against the Curate and some Parishioners of Cripplegate for not obeying the Order of Sept. 8th for Reformation Upon which occasion Sir Edw. Deering whom for his last Speech the Faction began to dislike spake as follows Mr. Speaker IT is very true as is instanced unto you that your late Order and declaration of the eighth and ninth of September Sir Edw. Deering's Speech about the Order of the 8th of September Oct. 21. 1641. are much debated and disputed abroad perhaps it may be a good occasion for us to re-dispute them here The intent of your Order to me seems doubtful and therefore I am bold for my own instruction humbly to propound two Quaeres 1. How far an Order of this House is binding 2. Whether this particular Order be continuant or expired Your Orders I am out of doubt are powerful if they be grounded upon the Laws of the Land Upon that warranty we may by an Order enforce any thing that is undoubtedly so grounded and by the same Rule we may abrogate whatsoever is introduced contrary to the undoubted foundation of our Laws But Sir this Order is of another nature another temper especially in one part of it Of which in particular at some other time Sir There want not some abroad men of Birth Quality and Fortunes such as know the strength of our Votes here as well a some of us I speak my own Infirmities men of the best worth and of good affiance in us and no way obnoxious to us They know they sent us hither as their Trustees to make and unmake Laws They know they did not send us hither to Rule and Govern them by Arbitrary Revocable and Disputable Orders especially in Religion No time is fit for that and this time as unfit as any I desire to be instructed herein Mr. Speaker in the second place there is a Question whether this Order whereupon your present complaint is grounded be permanent and binding or else expired and by our selves deserted I observe that your Order being made the eighth of September in hope then of concurrence therein by the Lords that failing you did issue forth your last resolution by way of declaration the ninth of September wherein thus you express your self That it may well be 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 matter of Religion may be brought to perfection wherefore you do expect that the Commons of this Realm do in the mean time What obey and perform your Order made the day before No such thing but in the mean time quietly attend the Reformation intended These are your words and this my doubt upon them whether by these words you have not superseded your own Order Sure I am the words do bear this Sence and good men may think and hope it was your meaning My humble Motion therefore is this I beseech you to declare that upon this our Re-convention your Order of the eighth of September is out of Date And that the Commons of England must as you say quietly attend the Reformation intended which certainly is intended to be perfected up into Acts of Parliament And in the mean time that they must patiently endure the present Laws until you can make new or mend the old The Commons fell again upon the Impeachment of the Bishops Friday Octob. 22. and a Message being sent to the Lords to desire they might be put to a speedy Answer the Tenth of November was given the Bishops for a day to give in their Answer to the Charge A Letter was then read in the House which was to be sent to the Committee in Scotland Which was as followeth THE Advertisement which you have given in your Letters of the 14th of this Month The Letter to the Committee in Scotland concerning the Designs against the Persons of the Lord Marquiss Hamilton the Earls of Argyle and Lannerick hath been communicated to both Houses who do very much commend your Wisdom and Diligence in sending them timely Notice of an Accident of such great Consequence to the Peace both of this and that Kingdom and do give you Thanks for your Care therein and I am to let you know That We have received no other publique Intelligence thereof Wherefore the Desire of both Houses is That so long as you stay there you continue to Inform the Houses of Parliament of the Further Proceedings in this matter and such other Accidents as may any way concern the Safety of both Kingdoms and thereupon they have thought good to make further addition to your former Instructions touching some things which they conceive fit to be represented to his Majesty from the Lords and Commons of this Parliament here as you may perceive by the inclosed which I am Commanded to send to you and to commend to your Care and Wisdom not doubting but you will fully answer their Expectations and Confidence And for
this Parliament Assembled hath ordained ut sequitur in the Act. And these Acts made by the King the Lords Temporal and Commons only were upon the Clamorous complaints of the Commons about the giving of the Benefices of England to strangers and others who never were Resident upon the Benefices This Report being made the House took the same into Consideration and for the better debate of the Propositions the House was adjourned into a Committee during pleasure And the Question was Whether those Thirteen Bishops that stood Impeached of those Crimes by the House of Commons shall be suspended from their Votes in this House until they stand Recti in Curia After a long debate herein the House was resumed and it is Ordered That the further Consideration of the Propositions which came from the House of Commons and the Bill entituled an Act for disabling Persons in Holy Orders to Exercise any Temporal Jurisdiction shall be both deferred until the Tenth day of November next A Message was brought from the House of Commons by Arthur Goodwin Esquire to let their Lordships know That whereas at a Conference Yesterday touching the Bishops which were Impeached for making of Canons the House of Commons did tell their Lordships That they had a Witness a Member of their House Mr. Wheeler to prove that the said Bishops did Subscribe to those Canons he having seen the Register Book with their Names written with their own Hands all which he is now ready upon Oath to prove if their Lordships shall rest herein satisfied the Register Book being in a House which is visited with the Plague The Reader will see by these Arguments of Mr. Solicitor St. John the utmost Strength of the Reason which they had to exclude the Bishops from their Votes and Peerage Now in regard the same thing has been again moved and the Arguments revived by the Successors of the same Faction who still retain the old Principles and Kindness to the Lords the Bishops looking upon them as a kind of Supernumeraries in the House of Lords who may well be spared and not as in reality they are a third Estate to stop the Progress so far as I am able of such an Error dangerous to the very being and Fundamental Constitution of our Parliaments I here present the Reader with a short Abstract out of the Learned Piece writ upon this Subject Entituled The Grand Question concerning the Bishops Right to Vote in Parliament in Cases Capital Stated and Argued c. I confess I have not followed the Author's Method nor was it possible to do it without great Inconvenience his Book being an Answer to some Papers writ against the Peerage and Jurisdiction of Bishops c. But I hope I have not done him or the Subject any Injustice by making use of the Matter and accommodating it more to my purpose which is among such Infinite Plenty and Variety of Matter to study all the conciseness and brevity I can I have therefore reduced the Subject to these four Heads First That the Bishops are Pares Regni Peers of the Realm and Peers in Parliament Secondly That they have a Right to Sit and Vote in Parliament in all Causes whatsoever even in Causa Sanguinis in Capital Cases Thirdly That the Lords Spiritual the Bishops are a third Estate in Parliament Fourthly To answer such Objections as have been made against their Peerage and Jurisdiction Which Abstract follows First Position That the Bishops are Pares Regni Peers of the Realm An Abstract of the Grand Question about the Peerage and Jurisdiction of the Bishops in Parliament Marculph Form lib. 1. c. 25. and Peers in Parliament The Author Learnedly proves That as soon as ever Christianity was settled in these Northern Nations Bishops were admitted into all publick Councils and Courts of Judicature So he instances in France from the Testimony of Marculphus That the King Sate in Judgment unà cum Dominis Patribus nostris Episcopis together with the Lords and Fathers the Bishops and that the greater Causes were heard by the King himself or the Comes Palatii Episcopis proceribus Assidentibus the Bishops and Nobility being Assessors with him In Spain during the Gothick Race of Kings the greatest Affairs of State were managed by the greatest of the Clergy and Nobility Concil Tolet. 4. c. 75.5 c. 7.6 c. 17. passim albi as appears by the several Councils of Toledo and particularly in the 13 Council Cap. 2. A case of Impeachment of Treason was brought before them And yet from one of these Councils of Toledo it is that all the Dust hath been raised and the Canon Law objected urged against Bishops That they ought not to be present or concerned in Cases of Blood In Germany Goldastus Rer. Alem. An. To. 2. the first Laws that were published by Lotharius were composed 33 Bishops 34 Dukes 72 Counts besides the People being present and assisting Arumaeus de Comitiis n. 35. c. 4. n. 98. and Arumaeus a Protestant Lawyer informs us that the Bishops of Germany Sate in the Diet in a double Capacity as Bishops and Princes of the Empire which Constitution he applauds as prudent for the Administration of Justice Honourable and safe for Religion In Bohemia Goldast Bohem. lib. 5. cap. 1. the same Goldastus a Protestant too acquaints us that there were three Estates prelates Nobles and Commons till the time of Sigismund In Hungary Decret Ladisl p. 12. so soon as ever the Christian Religion prevailed and was settled the Laws were framed by the King with the Advice and Consent of Bishops Nobles Staravols Polon p. 263. Herbart Stat. Regni Pol. p. 262. and the whole Clergy and People In Poland the Constitution of the Government is composed of the Bishops Barons and Delegates who are called Nuncii terrestres who are Summoned to the Dyet by the King and that with the entrance of Christianity as the publick Religion the Bishops entred into the Senate and had the first Seat in that Court Adam Brem de Situ Dan. n. 85. Loccen Antiq. Sueco-goth c. 8. Jus aulicum Norvey c. 3. c. 36. In Norway Denmark and Sweden the same Constitution entred with the prevalency of Christian Religion viz. Bishops Nobles Knights and Deputies In England after the Conversion of the Saxons during the whole time of that Monarchy there is not in all our Records one Council wherein the Bishops had not a part From whence the Author strongly Argues that it would be a very unaccountable thing that we of all the Nations of the Christian World who profess to have the best Government and the best Reformed Religion should Exclude those from any share in that Government who were by all others admitted into it as soon as they admitted the Christian Religion to be the publick Profession of their Country That the Bishops since the coming in of the Norman Race were always Esteemed Peers of the Realm and Peers of Parliaments
nor any Security given therefore they desired their Lordships to take the same into Consideration for they relied more upon their Lordships Honor than their Security He said There was now such a slighting of the Government of the City that there is an Equality between the Mayor and the Commons the Power of the Mayor no more then that of the Commoners of the City they desired but Countenance from their Lordships and their Lordships shall have Service from them The Recorder delivered this as their Answer That they had hearty and good Affection to the Cause it being for Religion's sake the saving the Lives and Estates of Protestants the saving of a Kingdom and preserving it to the dependency of this Crown they would do their utmost Endeavours but would not promise any thing before every man had consulted with himself what he was able to do which they promised to do speedily and he hoped to give a further account thereof this Night Mr. Pierrepoint also in the Commons House made the Report about the same Proposition The Commons Report about the same which because it varies from the other in some particulars I will insert here as follows He said That according to the Commands of the House several of the Committee went to the Lord Major and Common Councel and delivered the Commands of this House how well this House took the former Lending of Money The Answer given us by Mr. Recorder was 1 That there were several Grievances they suffered under as first under the Protections which are granted which did not only hinder their lending of Money but did stop Trade To that Sir Henry Vane did give them satisfaction both of the Order lately made against Mr. Benson for granting of Protections and that this House had committed to the Care of a Committee to draw a Bill to prevent the Inconveniences that happen thereby Next Mr. Recorder propounded That 50000 l. heretofore lent to the Peerage of this Realm for the Publique Affairs is not yet paid Next the Common Council did find themselves aggrieved by a disrespect shewn to the Lord Mayor and the Magistrates of London by divers people who refuse to give any Obedience to any Warrant to appear before the Lord Mayor declaring they would not come and particularly in the Case of providing of Money and for their Loans of Money they will take into consideration and give an Answer this Day but the Security for the same is Expected to be by Act of Parliament The Commons then entred upon the consideration of the Irish affairs and several Votes were passed in order to the Relief of that Kingdom which were presented to the Lords for their Concurrence and which to avoid unnecessary repetitions the Reader will find when they come before the Lords An Information was brought to the House by one Richard Butch a Warder That there was great resort to Father Phillips in the Tower An Information against Phillips the Priest in the Tower Whereupon it was Ordered That Sir Gilbert Gerrard Sir John Franklyn Sir Thomas Barrington and Mr. Laurence Whittacre do forthwith repair to the Tower to Examine all such Strangers as they shall find there of their Dwelling and Business there and to tender them the Oaths of Allegiance and Supremacy and the Warders are hereby required to suffer none to come out of the Tower till these Gentlemen are come forth again Mr. Maynard Reported the Case of Gatton in Surrey Mr. Owfield his Election to serve for that Place is settled Case of Gatton in Surrey upon Election of Members the difference resteth between Mr. Sandys and Mr. Sanders who are returned by two Indentures Mr. Sanders hath for him 14 Voices Mr. Sandys hath 8 Voices but of the 14 Voices for Mr. Sanders 8 of them are dwellers out of the Town and one of them a Minister yet all of them have Freehold in the Town and of Mr. Sandys 8 Voices one of them was a Recusant Convict another the Clerk of the Parish who receiveth Yearly Wages from the Parish and then if these two should be declared to have no Voices their Voices are Equal so the Question in Debate was Whether the Election belonged to the Burgesses by Common Right or that the Free-holders dwelling out of the Town who had Freeholds in the Town ought to have Voices by virtue of a Particular Prescription The Committee were of Opinion That there was a Prescription in this Case which was good against a Common Right It appears by a Record 33 H. 8. that a Return was made by one Inhabitant And 10 E. 6. 6 E. 6. Returns made by the Inhabitants and Burgesses But 18 Jac. a President was shewn on the behalf of the Freeholders And for the Parson of the Parish Whether he shall have a Voice that cannot Sit here if he were chosen and next whether by Law a Recusant Convict ought to have a Voice and thirdly to receive the Judgment of the House whether one that receives Alms of the Parish shall have a Voice and then whether the Clark of the Parish who receives 50 s. per annum of the Parish is one that lives of the Alms of the Parish These were doubts offered to the Committee in the debate of this Election Vpon the matter it was Resolved c. That there is no sufficient proof of a Prescription against the Common Right within the Burrough of Gatton in Com. Surrey Resolved c. That the Parish Clark of the Burrough of Gatton does not appear upon the Evidence given to this House to be an Alms-man Resolved c. That Mr. Sanders Election for the Burrough of Gatton is not good Resolved c. That Mr. Sandys Election for the Burrough of Gatton is good Resolved c. That Mr. Sandys is well Elected and ought to Sit as a Member of this House upon the Election for the Burrough of Gatton The Lord Keeper signified this Day Thursday Novem. 4. That he had received a Letter from Mr. Secretary Vane dated the 28th of October last from Holy-Rood House touching the Intelligence which his Majesty had received in Scotland concerning the Rebellion in Ireland which is by his Majesties Command to be communicated to both Houses of Parliament here to whom he hath recommended the Care of those Affairs and Expects their Advice what Course is fittest to be taken for the reducing of that Kingdom The King Informed in Scotland of the Irish Rebellion recommends it to the Care of the Parliament Marquess of Winton has leave to sell his Arms. Likewise his Lordship said he had received Copies of other Letters which were sent to his Majesty out of the North Parts of Ireland desiring his Majesty to send them speedy Supplies for the Saving of that Kingdom All which were referred to the Committee for Irish Affairs It was Ordered That the Lord Marquess of Winchester shall have liberty by vertue of this Order to sell off his Arms to such Tradesmen as
Officers as to me shall seem expedient for the Levying of Forces for the Defence of the said Kingdom of Ireland of such Persons as shall voluntarily undertake the said Service I do hereby Constitute and Appoint you Collonel of a Regiment of Foot-men to serve in this present Expedition which Regiment you shall by Virtue of this Commission forthwith Levy in such parts of His Majestie 's Kingdom of England as you shall think fit for His Majestie 's Service in this urgent occasion And this Regiment being Levied you shall receive it into your Charge as Collonel and conduct it to the City of Chester where you shall Embarque it and Transport it with all possible speed unto the City of Dublin in His Majesties Kingdom of Ireland and diligently Exercise your Regiment Commanding all Officers and Soldiers of the said Regiment to obey you as their Collonel for His Majestie 's Service according to the Commission given you And you are likewise to observe and obey such Orders and Directions as you shall receive from my self and the superior Officers of the Army according to the Discipline of War Given c. After which the House entred upon the Debate of the Ordinance Ordinance to raise the Train Bands Assented to by the Lords for Enabling the Earl of Essex and Holland to raise the Trained-Bands And after a long Debate it was Assented to with some little Alterations and so sent down to the Commons It was this day Ordered That the Justices of Peace Order to put the Laws in Execution against Recusants and Depaty-Lieutenants and all other His Majestie 's Officers and Ministers in every County shall take Care to put the Laws in Execution against those Recusants That do not observe and obey the Order of this House made the 16th of this Instant November The Order was to Command them to depart from London to their several Places of abode in their respective Countries Mr. Wiseman the Remembrancer of the City of London No Priests to be found in the City gave the House an Account That there hath been a search made in London for Priests and Jesuits and they could find none but have Apprehended four Persons who refuse to take the Oaths of Allegiance and Supremacy Whereupon it was Ordered That the Recorder of the City of the said City shall Proceed against those Persons according to Law In the House of Commons Commons Vote a second Plot of the Army they fell upon the Business of the Plot of the Army and the several Examinations being read which were taken by the Deputed Lords were transmitted to the Commons The Examinations were Mr. Daniel O Neal's taken November 13. Sir Jacob Asteleys Examination Sir John Conyer's his Examination Sir Charles Lucas his Examination October 29. A Second Examination of Sir John Conyer's which was taken October 30 which was twice read as was also that of Captain William Legg taken the same day The Examination of Sir Foulk Huncks taken 29 of October upon which the House proceeded to this Vote Resolved c. That upon the Examinations now read there is sufficient Evidence for this House to believe That there was a second Design to bring up the Army against the Parliament and an Intention to make the Scotch Army stand as Neutrals It was Ordered That Sir John Hippeslley and Sir John Franklyn shall appoint some Guards with Halberts to stand in places most convenient for the safety of this place It was also Ordered That Mr. Oneal shall be allowed 5 l. per Week out of the Arrears of his pay from the time of his Committment for his present maintenance That Sir Simon Harcourt shall have 20 s. per diem above his ordinary pay as Commander of the Forces in Dublin and that 457.6.8 being a months pay shall be advanced for his Officers and 101 l. for providing of Halberts Ensigns and Partisans Orders were also issued from this House to the Sergeant at Arms attending the House to search for Priests and Jesuits as also to the Lord Mayor and Sheriffs of London to search diligently in the City this night The Lord Keeper did this day Report the Conference with the Commons Thursday Novemb. 18. That the House of Commons were of Opinion That there was reason enough for the Lords to joyn with them for securing the Persons of Popish Recusants and that they were not satisfied with their Lordships Answer at this time touching that business 1. Because they conceive the Popish Recusants are of as much danger The Commons Reasons for securing PoPish Recusants in the Country among their Friends and Neighbours of their Religion as they are here at this time especially when they have liberty to go abroad 2. That the Penalty is only against Convicted Recusants and the House of Commons desires it may be against suspected Persons and Favourers of Recusants 3. It would ask too much time to stay for the putting of the Laws in Execution at this time therefore the House of Commons desired that they may be secured by Imprisoning of their Persons and that for these Reasons 1. They always take security against the breach of the Peace if it concern only a private Person this is concerning the security of the whole Kingdom none is so fitting to be given as the Imprisonment of their Persons 2 That at this time they had reason to suspect the Papists and to secure them upon these Grounds 1 The Tye that lies upon their Consciences to secure the Kingdom when it is in so much danger 2 Considering the Rebellion now in Ireland for the Cause of Religion 3 Considering the Informations and Relations from sundry Parts of the danger of Recusants here and the Correspondency is conceived they have with the Business in Ireland 4 Considering both Houses had joyned by Ordinance to disarm Recusants according to Law This the House of Commons said had been done formerly upon Suspition of Danger as in 88. The House of Commons intend this should extend to the most Chief and Active Recusants of the greatest Quality and Danger a List of such Names as they desire may be secured they will bring up very speedily and they intend they should be as Hostages for the Peace and Security of the Kingdom no hurt being meant to their Persons If this were not done the House of Commons said They could not Answer for the Safety of the Kingdom Next was reported the Reasons of the Commons why they desired that the Government of the Isle of Wight being of so great Importance to this Kingdom may be Sequestred for the present into another Hand Because the Earl of Portland 's Father Mother and Wife were and are Recusants and that a Sister of his married a Recusant and if these Reasons did not satisfy their Lordships The Commons Reasons for removing the E. of Portland from the Government of the Isle of Wight The E. of Portland's defence they desired Liberty to bring up other
9. That a Presbytery without a Bishop was in the World before it was at Geneva 10. That it is a hainous sin to be present when Prayers are read out of a Book 11. That to communicate in presence of a Prophane Person is to partake of his prophaneness 12. That Christs Kingdom hath been a Candle under a Bushel whilst Antichrist hath out-raigned him for 1600 years together Many more instances at little leisure I can gather which together have begotten a general increase of open Libertinisme secret Atheisme bold Arminianisme desperate Socinianisme stupid Anabaptisme and with these the new Chiliastes and the wilfulness of Papists strangely and strongly confirmed by these distractions Good God! look down and direct our consultations The best Issue whereof I think would be to debate the whole debate of Religion out of our Doors by putting it into a free Synod whereupon I doubt not but we should grow unanimous in all our other works So that from this Speech here is an undeniable Authority how from the Infancy of this Idol of Presbyterian Reformation Hell seemed to be broke loose and all the seducing Spirits assisted the beginnings of it And certainly the effects of it we still feel at this day God Grant our Posterity may not do so too This day the Lords entred upon the Debate of the List of Recusants Tuesday Novemb. 22. The Resolution of the Lords concerning securing of the Recusants in the List sent up to the Commons whom the Commons desired might be secured and it was upon the Debate Resolved That the Kingdom was in such Danger at this time as required the securing of the Persons of Recusants and that this shall be done by a legislative Way And a Committee was appointed to draw up a Bill immediately to that purpose In the Commons House the reforming Faction were this day tugging sorely at the Oars to bring the Declaration of the State of the Kingdom which was now ingrossed and read into safe Harbor there blew a fresh Gale from the Coast of Loyalty beyond their Expectation who were the Contrivers of it and several Alterations were made in it and pity it was that it was not after all the shaking and shaking served as the common Opinion is Cucumbers ought to be thrown away as more dangerous to the Health of the Body then their agreeableness to the Palate can compensate the House was divided four several times upon the Question but at the last all that which they called Amendments being read it was put to the Question Whether it should pass and the House dividing upon it with the Yeas were 159 with the Noes were 148. so it was carried in the Affirmative The Question was then put again Whether it should be Printed or not the House was again divided with the Noes were 124 with the Yeas 101. So that passed in the Negative the time for Printing was not yet come Upon this Occasion Sir Edward Deering made this following Speech Mr. Speaker THis Remonstrance is now in Progress upon its last Foot in this House Sir Edward Deering's Speech against the passing of the Remonstrance Nov. 22. 1641. I must give a Vote unto it one way or other my conscience bids me not to dare to be affirmative so sings the Bird in my breast and I do chearfully believe the Tune to be good This Remonstrance whensoever it passeth will make such an impression and leave such a Character behind both of his Majesty the People the Parliament and of this present Church and State as no time shall ever eat it out whilst Histories are written and men have Eyes to read them How curious then ought we to be both in the Matter and the Form Herein is a severe point of conscience to be tryed Let us be sure that every particular substance be a Truth and let us cloath that Truth with a free language yet a modest and a sober language Mr. Speaker this Remonstrance is in some kind greater and more extensive then an Act of Parliament that reacheth only to England and Wales but in this the three Kingdoms will be your immediate supervisors and the greatest part of Christendom will quickly borrow the Glass to see our deformities therein They will scan this work at leisure which I hope we shall not shut up in haste Some pieces here are of excellent use and worth but what is that to me if I may not have them without other parts that are both doubtful and dangerous The Matter Form and final end of this Remonstrance all of them do argue with me not to remonstrate thus The end to what end do we decline thus to them that look not for it Wherefore is this descension from a Parliament to a people they look not up for this so extraordinary courtesie the better sort think best of us and why are we told that the people are expectant for a Declaration I did never look for it of my Predecessors in this place nor shall do from my Successors I do hereby profess that I do not know any one Soul in all that Country for which I have the honour to serve who looks for this at your hands They do humbly and heartily thank you for many good Laws and Statutes already Enacted and pray for more That is the Language best understood of them and most welcome to them They do not expect to hear any other Stories of what you have done much less promises of what you will do Mr. Speaker When I first heard of a Remonstrance I presently imagined that like faithful Counsellors we should hold up a Glass unto his Majesty I thought to represent unto the King the wicked Counsels of pernicious Counsellors the restless turbulency of practical Papists The Treachery of false Judges The bold Innovations and some superstition brought in by some pragmatical BB and the rotten part of the Clergy I did not dream that we should remonstrate downward tell stories to the people and talk of the King as of a third person The use and end of such Remonstrance I understand not at least I hope I do not Mr. Speaker In the Form of this Remonstrance if it were presented to you from a full Committee yet I am bold to make this Quaere Whether that Committee have presented to us any heads in this Remonstrance which were not first agitated here and recommended to them from this House if they have there wanteth then for so much the Formal Power that should actuate and enlive the work so brought unto us 10. Novem. 1640. as may be well observed by perusing the Order now above a Twelve Month old for constituting that Committee In the matter of this Remonstrance I except against several Particulars but upon the transient reading of it not having any view thereof I will gather up two instances only very obvious very easie to be observed First L. Viscount Faulkland as was also observed by a Learned Noble Lord who spake last
Government and Ordering of the Troops as well upon Service as at other times 4. For the better Encouragement of Worthy Men to undertake the Service in hope of Advancement and that at this very Instant Men of Merit that have had better Commands would be unwilling to serve in a more Inferior Condition than they have already 5. Though it be said That in Ireland Regiments will seldom come to fight in a Body yet it may fall out otherwise and then the inconvenience might prove of greater Consequence then the Charge 6. In Holland whilest their Troops were all single yet for the time they were to render Service in the Field they formed Regiments of them which had their Colonels and Majors appointed for that time which though they had no certain Pay by those Places Yet they had other Advantages by Governments Commanderies Companies of Foot Quarters and such like things to better their Condition and at last the Prince of Orange found it more convenient to settle the said Commands to Colonels and Majors although it were to the greater Charge of the State 7. Finally The General Practice of all Nations as the Germans Swedes French c. which have tryed all manner of wayes have for greater conveniency certainly formed their Cavalry into Regiments and most of them also allow a Lieutenant Colonel to every Regiment The Earl of Warwick and the Lord Digby Reported to the House the King's Answer touching the Petition of both Houses for continuing the Guards Viz. I Did Command the Guards to be dismissed The King's Answer concerning the Guards because I knew no Cause the Parliament had of Fears but I perceived the Molestation that the keeping of them would bring upon those Subjects of mine which were to perform that Service besides the General Apprehensions and Jealousies which thereby might disquiet all My People and I do Expect that when the Parliament shall desire of Me any thing like this Extraordinary and that which appears of ill consequence that they will give me such particular Reasons as may satisfie My Judgment if they expect I should grant their Desire Yet I am so tender of the Parliaments Safety to secure them not only from real but even imaginary Dangers That I will Command my Lord of Dorset to appoint some of the Train-Bands only for a few dayes to wait on both Houses in which time if I shall be satisfied that there is Just Reason I will continue them and likewise take such a Curse for the Safety of My Own Person as shall be fit of which I doubt not but that they have as Tender a Care as of their own It was then Ordered That this Answer shall be communicated to the House of Commons at a Conference An Order was this day made to put off all private business till the first day of Hillary Term Private Business set aside by Order of the House of Lords and to be Printed and Published to prevent the Charge and Trouble which otherwise Petitioners who have Causes depending might be put to in attending the House of Lords This day William Shelden Esquire Monday Novemb. 29. The two Sheldens acquitted of Beal's Plot. and Edward Shelden his Brother who had been taken up by virtue of an Order of the 27th of Novemb. upon suspition about Beal's Information of the 108 men who were to Kill the Parliament-Men appearing before the Lords and nothing of Complaint being against them It was thought fit and so Ordered That they should be forthwith discharged of any further attendance and be freed from any further Restraint Then a Letter was read written to the Lord Chamberlain from the Earl of St. Albans dated the 14th of November 1641. from Ireland the Principal Contents whereof were these THat the Town of Gallaway in Ireland is well Fortified Letter from the E. of St. Albans in Ireland and in Command of Mr. Willoughby That the Province wherein his Lordship lives doth utterly mislike the proceedings of the Rebels That the County of Mayo is quiet That 2000 Rebels are out in Levain but 4 Towns stand out That it is a thing of Consequence that Brian O Rourk here in England should be secured as conceiving him to be a dangerous person in this time of Rebellion in Ireland if he should Escape That the whole Province of Munster is yet quiet And lastly his Lordship ended with a Protestation of his Faith and Loyalty to the Crown of England while he lives and will dye in the same and will imploy all his Strength and Endeavours to assist the King for the Suppression of the Rebels Whereupon the Lord Chamberlain was Ordered to return him the Thanks of the House and the Letter to be communicated to the House of Commons The Bill for securing Recusants with amendments as also the Order for securing to the City the two fifty thousand pounds were carried up to the Lords In the House of Commons they were very busie upon a new Bill for Tonnage and Poundage for the Reader is to take notice that the Bills before mentioned were but from two Months to two Months It was also Voted That the Lords should be desired to move the King that the Earl of Salisbury may be Lord Treasurer and the Earl of Pembroke Lord High Steward of His Majesties Houshold The Amendments and Alterations in the Bill concerning the securing of Popish Recusants Tuesday Novemb. 30. were this day read and it was in the Debate taken into consideration whether the first Clause should stand which was That the Persons of Recusants should be restrained as the Lords in Parliament should think fit or whether it should be altered according as the House of Commons desired which was That the Lords should have power to dispose of the Persons of Lords and the Commons of Commoners And in conclusion it was agreed upon That for the alterations of the Names of the Persons in the Bill and the places of Dwellings and the Alterations of time this House agrees and consents to but for the rest the House adheres to the former Clause in the Bill The Bill for Tonnage and Poundage brought up from the Commons by Mr. Solliciter was read three times Successively Bill for Tonnage and Poundage passed the Lords and upon the Question it was Resolved to pass as a Law Nemine Contradicente The Order for securing the Mony borrowed of the City was likewise read and assented to which was as follows THe Lords and Commons in this present Parliament Assembled The Order for securing the Money borrowed of the City for the Northern expedition and Ireland having a due regard to the good Affections of the City of London expressed upon sundry Occasions by the advancing and lending of great Sums of Money for the service of this Common-wealth and particularly the Sum of 50000 l. for supplying the present Affairs in Ireland all which the said Lords and Commons do take in very good part and being resolved to make
Manner how full of Advantage it would be to himself to see his own Estate setled in a plentiful Condition to support his Honor to see his People united in Wayes of Duty to him and indeavours for the Publick Good to see Happiness Wealth Peace and Safety derived to his own Kingdom and procured to his Allies by the Influence of his own Power and Government That all good Courses may be taken to unite the two Kingdoms of England and Scotland to be mutually Aiding and Assisting one another for the common Good of the Island and the Honor of both to take away all Differences among our Selves for Matters indifferent in their own Nature concerning Religion and to unite our selves against the Common Enemies which are the better enabled by our Divisions to destroy us as they hope and have often indeavoured to labor by all Offices of Friendship to unite the Foreign Churches with us in the same Cause and to seek their Liberty Safety and Prosperity as bound thereunto both by Charity to them and by Wisdom for our own Good For by this means our Strength shall be increased and by a mutual concurrence to the same common end we shall be enabled to procure the good of the whole Body of the Protestant Profession If these things may be observed we doubt not but God will Crown this Parliament with such Success as shall be the Beginning and Foundation of more Honour and Happiness to his Majesty then ever yet was enjoyed by any of his Royal Predecessors A Habeas Corpus was this day also Ordered to be sent down to remove one William Chorley from Lancaster Goal Thursday December 2. to be Examined of Matters of great Consequence His Majesty came this day to the House of Lords to pass the Bill for Tonnage and Poundage and being sate in the Chair of State the King gave Command to the Gentleman-Usher to give the House of Commons notice to come up who being come after three Obeysances made their Speaker made this Speech as followeth Most Dread Sovereign THe Observation taken from the unlike Compositions The Speakers Speech at the Passing the Bill for Tonnage and Poundage Dec. 2. 1641. and various Motions of the World made the Philosophers conclude Tota hujus Mundi Concordia ex Discordibus constat The happy Conjuncture of both these Nations in the Triumph and Joy of your Sacred presence extracted from the different and divided Opinions give us cause to observe and admire these blessed Effects from such contrary Causes We may without Flattery commend your Sacred Majesty as the glorious Instrument of this happy Change whose Piety and Prudence directed by the hand of God hath contracted this Vnion from those various discords * * Most undoubtedly Especially that Rebellion should be esteemed Loyalty and the Ruin of the Church a Reformation The story of these times will seem Paradoxes in following Generations when they shall hear of Peace sprung from the Root of Dissention of Vnion planted upon the stock of Divisions two Armies in the Field both ready to strike the first blow and both united without a stroke Nothing can reduce these Truths into a belief but the knowledge of your Piety and Justice who have accomplished these Acts of Wonder by Goodness and Gentleness without Force or Violence This way of Conquest this Bellum Incruentum hath been the Rule of the most Valiant and Puissant Monarchs advancing Your Glory in the safeguard of one Subject more then in the Death of a Thousand Enemies Thus have you Erected a Monument of Glory to your Sacred Memory for all Generations And as your Care and Piety for the welfare of your Northern Kingdom called you to that Work for the great Comfort of your People which your wisdom hath so happily consummated so now the Distemper of your other Kingdom fomented by the same Spirit whose presence admits no Peace in Israel calls on your Providence to heal the Diseases of that Nation The one from whence you returned hath with Abel though the younger Brother offered an acceptable Sacrifice the other with Cain hath Erected Altars of Blood and Revenge the Innovations of Jesuitical Priesthood which Invokes the necessity of your Justice the one to a Natural hath added a Politic Brotherhood the other of Brothers I am sorry to say it are become Strangers The Fidelity of the one hath written a story of Admiration to the World the Disloyalty of the other hath Parallel'd that horrid Design matchless before amongst all Generations first their Intentions the destruction of a Kingdom even when Vnity and Peace was tying the knot of Religion and Safety In the Discovery a moment of time prevented the Execution In the Actors Jesuits and Priests without whom the malice of the Devil could not have found a Party in the World fitted to act over the like bloody Tragedy But this among our many Joys we receive by your happy return is not the least That that Providence which protected that Gracious King your most Religious Father from their bloody attempts and encreased the blessing of a long and happy Reign hath also defended your Sacred Throne from all their Machinations Thus we see Religion is the greatest Policy the never-failing support of King and Kingdom that which firms you and your Posterity to your Throne and our Duty and Obedience to it Give me leave here most Gracious Sovereign to sum up the sense of 11 Months Observation without intermission scarce of a day nay an hour in that day to the hazard of Life and Fortune and to reduce all into this Conclusion The endeavours of Your Commons Assembled guided by Your Pious and Religious Example is to preserve Religion in its Purity without Mixture or Composition against these subtile Invaders and with our Lives and Fortunes to Establish these Thrones to your Sacred Person and those Beams of Majesty Your Royal Progeny against all Treason and Rebellion The Way that conduces to this End are the Defence of the Land and Sea for the one we have already Voted to raise Mony for the other this Bill in some Measure will accomplish for a little time and to that end I by the Command of the Commons humbly beseech Your Royal Assent This being done the Bill was passed by His Majesty according to the usual and accustomed Form Then the King made this ensuing Speech My Lords and Gentlemen I Think it fit The King's Speech after his Return from Scotland Dec. 2. 1641. after so long absence at this first occasion to speak a few words unto you But it is no ways in Answer to Mr. Speaker's Learned Speech Albeit I have stayed longer than I expected to have done when I went away yet in this I have kept my promise with you that I have made all the haste back again that the setling of My Scotch Affairs could any ways permit In which I have had so good success that I will confidently affirm to you that I have
Sollicitors to promote mischief that ever the Sun saw and used the utmost diligence to set such Petitions on foot and by all the Arts imaginable but more particularly by threatening the Timerous with the Parliaments displeasure so procure hands to such Petitions which were to be presented to the Houses as the Sense of the Nation by which way of procedure they endeavoured to put a fair Countenance upon their Actions as being the Results of the Desires of the People when as in reality they were their own Contrivances and those Petitions were most of them framed by a Juncto of the Faction at London and then by their Agents sent down and set afoot in the Country It was also Ordered That Sir Robert Cooke do repair to the Lord Lieutenant of Ireland and to desire him for the Expediting of the Service of that Kingdom to issue forth Commissions for the Raising of two Regiments in Ulster and also to hasten all other Commissions for the Raising of Men for that Kingdom and to acquaint him with the Two Orders for the Impressing of 3000 l. for the Raising Conducting and Transporting 2 Regiments of 1500 Men and to the Master of the Ordnance to deliver unto him such quantities of Powder as shall be thought necessary for the present Expedition to be sent into Munster in Ireland The Arch-Bishop of York Reports Friday Decemb. 17. That the Committee of this House met with the Select Committee of the House of Commons and waited on the King at White-Hall and delivered unto his Majesty the Petition and Remonstrance of both Houses touching the Priviledge of Parliament and his Majesty returns this Answer That he will send an Answer in convenient time in Writing The House of Lords then fell into debate about several Amendments to the Declaration to be offered to the King not to Tolerate the Popish Religion in Ireland or any other of His Majesties Dominions and it being moved That a Clause might be added That no Religion might be Tolerated but what is Established by the Laws of this Kingdom The Lords of the Faction being aware of the Consequence and being as much resolved to destroy the Religion by Law Established as the Papists could be for the hearts of them therefore stoutly opposed it and after a long Debate It was Ordered That this House approves of and confirms the Report with the Amendments and Alterations and that the Clause against Tolleration of Popish Religion shall go singly as it is and that the Amendments and Alterations be communicated to the House of Commons And it was further Ordered That the Earl of Bristol do draw a Declaration to this Effect That no Religion shall be Tolerated in his Majesties Dominions of England and Ireland but what is or shall be Established by the Laws of this Kingdom and present the same to the Committee for Religion who are to meet on Tuesday next at such time and Place as the House shall appoint on Monday A Message was brought from the House of Commons by Sir Arthur Hazlerigg The Fast for Ireland to let their Lordship know That the Commons do fully agree to the three Days appointed for the Fast The Days were Wednesday next for both Houses of Parliament and London Thursday next for the City of Westminster and Thursday come Month for the whole Kingdom Then the House appointed the Lord Arch-Bishop of York to Preach the Fast Sermon in the Abby before the Lords in the Morning and the Lord Primate of Armagh to Preach in the Afternoon and Tuesday was appointed to be the day for gathering the Collection of the Lords towards the Relief of the poor distressed English who had been stripped and despoiled by the Rebels The Commons fell upon the Revived Affair of the Plot of the Army Mr. Daniel O Neal and Mr. Jermyn and Mr. Percy to be Impeached of High Treason and first the Impeachment of the Commons House of Parliament against Daniel O Neal Esq for High Treason was this Day read and Re-Committed to the same Committee to prepare it in such a way as that all the Evidence may be brought in Then it was Resolved c. That Mr. Jermyn Mr. Percy and Sir John Suckling shall be Accused by this House for the present and Impeached of High Treason The Question was propounded Whether Sir John Berkley shall be bailed upon the tender of such Bail as this House shall allow of and then the Question was put Whether this Question should be now put the House was divided the Yeas went forth with the Yeas 104 with the No. 98 so it passed in the Affirmative then the Question was put Whether Sir John Berkley should be bailed the House was divided again and the Yeas went out with the Yeas 122 with the No 84. Sir John Berkley ordered to be Bailed Whereupon it was Ordered That Sir John Berkely should be bailed A Petition from the County of Surrey was read and such Gentlemen as did attend were called in and did avow it and Mr. Speaker told them That this House did accept it in good Part and did not doubt of the Truth of it that they might get more Hands as is alledged in the Petition they are satisfied with those already gotten and for the procuring of more the House referred it to their Judgment Mr. Pym's report of the delivery of the Petition to his Majesty Mr. Pym Reported That the Committee who attended his Majesty had a suddain admittance and a gracious acceptance that the Lord Arch-bishop of York read the Petition and his Majesty said That as it had taken some time to prepare so he would take some time to answer it and that lest there might be some Mistakes in Words he would give his Aswer in Writing Then the House fell upon the Business of Ireland Votes concerning Ireland and it was Resolved c. That the Pay to the Officers of the new Levies shall continue for six Months according to the proportions formerly resolved upon if the Wars shall so long continue Resolved c. That the Lord Lieutenant of Ireland shall be directed to pay 562 l. 17. s. 4 d. according to the Rate agreed upon being a Months Pay for the Officers of his own Regiment Resolved That the Lord Dungaruan 's Troop shall have a Months Pay according to the Rate agreed upon Resolved c. That 114 l. 16 s. o. being a Months Pay shall be paid to the Officers of the four hundred Fire-locks consisting of two Companies Resolved c. That 800 l. shall be imprested for the Raising Conducting and Transporting into Ireland the said 400 Fire-locks and keeping them there till the first Muster Resolved c. That the Sum of 214 l. 13 s. 4 d. shall be paid to the Officers of the 500 Men in five Companies which are to go to Knockfergus for a Months Pay Resolved c. That the Sum of 1000 l. shall be paid for the Levying Conducting and Transporting
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
delight in the present and succeeding Ages to dwell in this Land the freedom of Commerce and Trade may pass on more chearfully for the incouragement of your Petitioners and that the flourishing and peaceable Reign of your Majesty may be long continued and increased among us For all which your Petitioners shall ever Earnestly Pray c. James Freshwater John Page Henry Crewkern John Caudry Thomas Clement Will. Bently with a number of Markes and Names Mr. Quelch a Minister of St. Bennet Grace-Church sent for as a Delinquent A Petition of the Inhabitants of St. Bennets Grace-Church against Mr. Quelch their Minister was read whereupon it was Resolved c. That Mr. William Quelch be forthwith sent for as a Delinquent by the Serjeant at Arms attending the House And the Petition was referred to the Committee for Scandalous Ministers The City Petition of which before was also read ut supra in the Proceedings in the Lords House Friday Decemb. 24. This Day a Petition from some Citizens of London was presented to the House of Lords which was read in their presence viz. To the Right Honourable the Lords Assembled in this present Parliament The Humble Petition of divers Citizens Merchants and others of London Trading in the Realm of Ireland Sheweth unto your Lordships THat your Petitioners on the behalf of themselves The Petition of several Merchants to the Lords concerning Ireland and other Merchants Shop-Keepers and others Trading into the Realm of Ireland whose Estates to the value of above a Million of Money lie involved in the desperate Condition of that Kingdom as also on the behalf of the whole Protestant Party of that People reduced to unspeakable Extremity in their Lives and Fortunes as by our daily Letters from thence we are informed to our great Grief We most humbly beseech your Lordships That you will be pleased to consider the Sad Condition of them and us in our respective Interests and lay aside all things that may trouble the Way to the Relief of that Wretched State which without Speedy and Effectual Assistance will not be able to serve his Majesty in the resistance of the Rebels there nor shall we be able in our several Degrees and Conditions to do his Majesty your Lordships and the whole Realm that Service in our ready Compliance with the Great Affairs of this Kingdom as we should and would most willingly perform to the uttermost of our Abilities This My Lords we most humbly offer to your Lordships as a Consideration whereupon that Kingdom depends besides many Thousands depending upon us the Petitioners in our Trades that are here Equally concerned with them of Ireland in our Livelihoods And do beseech your Lordships in the End after the Long Suffering of that Vnfortunate Nation our long Expectation and the Wonder of all Neighbouring States occasioned by a Long and as we humbly conceive an Vnseasonable delay whilest the Life Liberties and Interests of the Protestants of that Kingdom are daily invaded and destroyed you will now give an instant dispatch for the Relief of that Miserable Realm and People And your Petitioners shall ever pray c. Signed Gilbert Harrison William Green Richard Whitaker John Stone Tho. Stone Edw. Claxton cum multis aliis The House taking the Petition into Consideration the Petitioners were called in and the Lord Keeper by direction of the House told them That their Lordships were taking into their Consideration and Care the Necessity and Affairs of Ireland and will use all Expedition therein and will take their Petition into Consideration Then a Message was brought up from the Commons by the Lord Gray of Ruthen To desire their Lordships to joyn with them to Petition the King for a Monthly Fast throughout the Kingdom during the Troubles of Ireland and for a Proclamation to that Effect 2. To Expedite the Answer to the Conference last Night concerning the Business of the Tower which is a Matter of great Importance The Answer was That this House joyns with the House of Commons in the first of this Message but concerning the matter of the late Conference concerning the Lieutenant of the Tower this House hath not thought fit to joyn with the House of Commons therein A Message was brought from the House of Commons by the Lord Herbert who brought up 3. Bills which had passed the Commons 3 Bills passed the House of Commons brought up to the Lords Intituled 1. An Act to restrain Barge-men 1. For the Lords day Lighter-men and others from labouring and working on the Lords Day commonly called Sunday 2. An Act for the better raising and levying of Marriners Sailors 2. For pressing Marriners c. and others for the present Guarding of the Seas and necessary Defence of the Realm and other his Majesties Dominions 3. An Act for the settling by Fitzwilliams Conningsby Esq 3. Fitzwilliams Coningsby's Bill a Rent-Charge of 200 l. per annum upon an Hospital in the Suburbs of the City of Hereford called Conningsbie's Company of Old Servitors c. and for the Settlement of Lands and Tenements for the payment of his Debts and raising of Portions for his Younger Children and for a new Joynture for his Wife and a New Settlement of his Estate The Lords then fell upon the Consideration of the 6. Resolution of the Lords upon the 6 Propositions of the Scots Commissioners Propositions of the Scots Commissioners To the First Resolved c. That 10000 Scots shall be sent into Ireland upon such Conditions as shall be agreed upon by the Parliament To the Second This House agrees with the House of Commons therein To the Third The House agrees unto it thus That there shall be delivered unto the Scots 5000 Arms within a short time after their carrying their Arms out of Scotland and 5000 Arms more within 5 or 6 Months consisting of Pikes Muskets and Swords which is conceived are the Arms they will convey out of Scotland into Ireland To the Fourth Agreed That some Ships of War shall be sent to secure the Transporting of the Scots into Ireland but because it will be some time before our Ships can come thither the Commissioners are to Treat with the Scots Commissioners either to Transport their Men without Ships of War or else to imploy some of their own Ships until ours can come and they shall be paid for the same To the Fifth This House agrees with the House of Commons and refers it to the English Commissioners to Treat about a smaller Number of Horse To the Sixth This House agrees with the House of Commons therein A Conference was had with the Commons L. Keeper reports Conference about the Tower and Lunsford which was thus Reported by the Lord Keeper That the House of Commons greatly desired That both Houses might have joyned together in an humble Petition to his Majesty for removing of Col. Lunsford from being Lieutenant of the Tower of London The House of Commons say
meant 447. Information against the Bishop of Bath and Wells 413. of Arms in the Marquess of Winchester 's House 453. of two Irish men from Chester 604. of Collonel Hunks against two Irish men for Listing Soldiers 612. of dangers in Lancashire 650. of a Ship of Frenchmen in Milford-Haven 710. of a Barrel of Gunpowder sent into the Country for a Barrel of Soap 719. that Members of Parliament were the occasion of the Tumults 790. against the Lord Digby and Collonel Lunsford 845. against Serjeant Dendy 888. of O. Cromwell against a Gentleman of Huntingdonshire ibid. of one Wishert that Cardinal Richelieu fomented the Irish Rebellion 897. frivolous Informations a Committee for them 855. Sir Thomas and Sir William Ingram Witnesses in the Case of the Earl of Strafford 83 94. Instructions for the Commissioners for Scotland 451 455. to the Commissioners for disarming Popish Recusants 473. additional Instructions for the Commissioners in Scotland 494 616. debated by the House of Lords 623. Instructions for the Commssioners to treat with the Scotch Commissioners about assisting Ireland 720. approved by the King 723. Interrogatories for further Examination of O Connelly 596. Inigo Jones a Declaration of the House of Commons against him 728. Ordered by the House of Lords to answer 729. his Answer 771. Irish Affairs a grand Committee about them 5. Irish Remonstrance 36 555 561. the condition of the Irish Army in the Earl of Strafford 's time 537. the sad State of affairs there at the time of the Rebellion 627. Irish Nobility and Gentery some kind to the English 634 635. Irish Rebellion the News of it communicated to the House of Commons by the Lords of the Council 513. a Letter about it from the Council in Ireland to the Lord Lieutenant General 514. Proclamation of the Lords Justices to stop it 522. Report of a Conference of both Houses about it 524. an account of some occasions of it 526. c. Words of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon it 540. Relation of it by the Lord Macguire 543. the Rebels their Remonstrance 555. a Manuscript of the Earl of Clarendon 's concerning it 590. Votes and Orders of Parliament relating to it 600 601 603 651 642. Judges their Opinion upon an Exception of the Earl of Strafford 101. upon the Bill of Attainder 192. Articles against them 324. not to Travel on the Lords day 325. their resolution to certain Quaeries about matters in Parliament 374. a Conference about their Impeachment 420. their Opinion concerning a Custos Regni 430. their Report of the Statutes in Force against Riots c. 709. Judges in Ireland their Answer to Quaeries of the Parliament there 575. Dr. Juxon disswades the Kings passing the Bill against the Earl of Strafford 192. K. JOhn Kay a Witness against the Earl of Strafford 58. Lord Keeper craves some time to retire 712. his Letters see Letters Robert Kennyday a Witness against the Earl of Strafford 55. 70. Dr. Ker Dean of Ardagh his Deposition concerning the Calumny thrown upon the King of giving Commission to the Irish Rebels 528. Lord Kilmallock a Witness against the Earl of Strafford 56 57. Kilvert a Patentee 256. Bail'd 475. Lord Kimbolton Impeach'd of High Treason 811. his Speech thereupon 815. moves to be Tryed 835. a Message from the King concerning him and the five Members 848. The King present incognito at the Tryal of the Earl of Strafford 29. his Speech to both Houses concerning the Earl of Strafford 186. his Message to the House of Commons about the Tumults disregarded 189. in great doubt about passing the Bill against the Earl of Strafford 192. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 thereupon 193. he passes it by Commission 195. his Letter to the House of Lords concerning the Earl of Strafford 197. his Answer to the Parliament concerning his Servants 231. passes three Bills 243. his Speech in answer to the Speaker about the Bill for Tonnage and Poundage 308. his Speech at Passing the Bills against Star-Chamber and High-Commission 327. his Manifesto about the Palatinate 383. his answer to the Proposition about Evil Councellors 387. assents to the five Propositions 404. takes leave of his Parliament 438. sets forward for Scotland 439. arrives there 453. his Speech to the Parliament there ibid. his Letter denying to Sign a Commission to the Parliaments Commissioners 468. his reasons for so doing 469. his Letter to the Lord Keeper 497. clear'd of Phanatick Calumnies concerning the Irish Rebellion 528 638. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 thereupon 540. acquaints the Parliament with it 600. his diligence to suppress the Irish Rebellion attested by the Parliaments Commissioners 612. returns from Scotland 675. his Reception in London 675. c. his Speech in answer to the Recorder 676. his Letter shewing his firmness to the Established Religion 683. his Speech to both Houses after his return from Scotland 708. after what manner he receives the Remonstrance of the House of Commons 709. promises to keep his Christmas at White-Hall 712. approves the Instructions of the Commissioners to Treat with the Scotch Commissioners about assistance for Ireland 723. his Speech to both Houses concerning Ireland 738. his answer to the Petition accompanying the Remonstrance 745. his Declaration in answer to the Remonstrance 746. his answer to the Petition about Breach of Priviledge 762. to the Message of the House of Commons about a Guard 803. demands the five Members by a Serjeant at Arms 814. comes in Person to the House of Commons for them 820. his Speech then there ibid. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon that matter 821. a lewd Pamphlet upon the same 830. Sir Robert King a Witness in the Case of the Earl of Strafford 83. Knighthood a Bill to prevent Vexatious Suits about it 309. past the House of Lords 424. Kynaston 's Case 258. L. LAmbeth House Searched for Arms 236. Mr. Lane appointed Council for the Earl of Strafford 10. his Argument in his behalf 153. appointed for Judge Berkley 499. for the twelve Impeach'd Bishops 812. Arch-Bishop Laud takes his leave of the Earl of Strafford 198. a Committee to expedite the Charge against him 265. Lay-Preachers complain'd of 265. reprehended 270. Lecturers the Tools of the Factions 234. an Order for them 477. Captain Legg sent for as a Delinquent 726. Bail'd 775. 780. design'd for Hull by the King stopt by the House of Commons 856. Earl of Leicester Lord Lieutenant of Ireland enabled by Ordinance of Parliament to Raise Men 606. scruples it without the Kings Command 615. 652. Order concerning him 543. 754. Sir Thomas Leighton a Witness against the Earl of Strafford 54. Dr. Leighton a Turbulent Preacher Enlarged 309. Lenthal Speaker of the House of Commons his Letter to Sir Edward Nicholas to get quit of the Chair 713 another 714. See Speaker General Leshly made Earl of Leven 683. Letters of the King to the Earl of Strafford commanding a Proclamation to prohibit the Irish going beyond Seas 75. to the same about the Oath 80. to
the House of Lords concerning the Earl of Strafford 197. to the Lord Keeper denying to pass a Commission for the Parliaments Commissioners 468. to the Lord Keeper 497. to Mr. Nicholas Shewing his resolution to maintain the Establish'd Religion 683. to both Houses about the Prince 889. Letters by Order of either House of Parliament to Sir Jacob Ashley 228. to the Army 235. to the Lord General 441. 445. 453. to the same concerning Hull 448. to the Sheriffs about Pooll-Money 458. to the Lord Generall about Disbanding 461. to the Lords Justices of Ireland in behalf of Sir George Radcliff 464. to the Commissioners in Scotland 494. to the Lords Justices of Ireland 602. Letters of the Lords Justices of Ireland to the Lord Lieutenant General concerning the Irish Rebellion 514. to the Earl of Ormond to persecute the Rebels 538. to the Lord Keeper and Lord Lieutenant of the great Danger there 624. to the Nobility and Gentry informing the Discovery of the Plot 628. to the Earl of Ormond concerning the same 629. to the Lord Keeper and Lord Lieutenant concerning the condition of the Place 661. to the Parliament about the Dunkirkers 784. to the Privy Council 889. to the House of Commons 892 893. to the Lord Lieutenant 900 901 902 911. to the Speaker of the House of Commons 903. to the Lords of the Pale 906. Letter of the Earl of Strafford to the King desiring him to pass the Bill against himself 190. from Newcastle read in the House of Lords 337. of Mr. Percy to the Earl of Northumberland 286. of Father Philips to Mr. Mountague in France 315. of the Queen of Bohemia of thanks to the Parliament 411. of the Speaker of the House of Lords of Ireland to the House of Lords of England gives offence 417. of the Earl of Holland about Disbanding 457. of the Lord General to the Parliament 469. of the Lord Howard about a Conspiracy in Scotland 488. of Sir William Cole to the Lords Justices just before the Discovery of the Rebellion 519. of the Earl of Strafford concerning the State of the Army in Ireland 537. of Sir Henry Vane to the Lords Justices of Ireland 565. of the Lord Howard to the Lord Keeper 603. 612. those from France and Antwerp stopt 615. of the Earl of St. Albans about Affairs in Ireland 686. of Sir J. Temple concerning the same 7â—1 Letters of a Plot against the House of Commons 836. a conjecture at the Writer 837. Letters to one Mr. Crofts ordered to be opened 847. of Sir Phelim O Neal to Sir William Hamilton 895. of one Roche intercepted 896. of the Inhabitants of Longford to the Lord Dillon 898. of Collonel Monk to the Lord Lieâ—tenant of Ireland 919. Letters from Foraign Parts ordered to be opened 247. 307 523. Licence for Raising men for the Dutch Service 723 724. Lie given to a Peer is a Breach of Priviledge 380. Lilburn Votes in his Favour 211. Bishop of Lincoln gives Offence to the House of Commons 477. List of the Prime Papists desired by the House of Commons to be secured 662. debated by the House of Lords 667. of the principal Irish Rebels 888. Robert and Thomas Little Witnesses for the Earl of Strafford 54. 70. Locumtenens see Custos Regni Sir Adam Loftus a Witness in the Earl of Strafford 's Case 58 61 78. Bishop of London a Witness in the Case of the Earl of Strafford 82. released of Tenths upon the Poll-Bill 780. Londoners Petition against the Earl of Strafford 160. mov'd to lend Money 236. 407. 411. 595. 597. their Controversie with the Lord Mayor about the Election of a Sheriff 318 319. 407. 409. referred 413. 445. determin'd pro hac vice 456. are Mutinous 459. Petition for a Fast 463. and against Bishops Votes c. 733. and for displacing Collonel Lunsford Lieutenant of the Tower 773. Londonderry in Ireland Votes about it 461. Justice Long sent to the Tower for placing a Guard about the Parliament House without their knowledge 732. released 772. William Long a Witness against the Earl of Strafford 54. Longford the Inhabitants there their Letter to the Lord Dillon 898. Lords-day Idoliz'd by the House of Commons 325. 436. 777. Lords House Interpreters of Acts of Parliament in Parliament time 625. Lords sent for by the King not permitted to go by the House of Lords 836. Lorky a Witness against the Earl of Strafford 74. Roger Lott a Witness against the Earl of Strafford 59. Sir Gerard Lowther Articles against him 570. Sir Thomas Lucas a Witness in the Case of the Earl of Strafford 86. M. LOrd Macguire 's Relation of the Irish Rebellion 543. Mac-Mahon his Examination and Confession about the Irish Rebellion 521. Managers of the Cause against the Earl of Strafford 29. deny reasonable time for answer 40. 54. 81. 100. Earl of Manchester 's Manuscript Memoires cited 206 209 272. 427 689. Manifesto of the King about the Palatinate 383. Sir Philip Manwaring a Witness for the Earl of Strafford 78 81. Marches of Wales a Bill about them 394. Mariners a Bill for raising them 236 237. 243. Marshal Ordered to Preach before the House of Commons on the thanksgiving-Thanksgiving-day 467. and on the Fast-day for Ireland 756. receives the thanks of the House and a Piece of Plate of 20 l. 775. Maynard appointed a Manager of Evidence against the Earl of Strafford 29. his Speech against the Earl of Strafford upon the first Article 48. one of the Commission to expedite the Charge against the Arch Bishop of Canterbury 265. Lord Mayor of London quells a Tumult about the Spanish Ambassadors House 187. his with the Aldermens c. Petition to the King about his going to the House of Commons 841. Maxwel a Witness against the Earl of Strafford 78. his rudeness why not taken notice of by the House of Commons 195. searches for Priests 651. Bishop of Meath an Account of him 535. Memoirs of the Earl of Manchester cited 206 209 272 427. 689. Memorial of the Venetian Ambassador about breaking open his Pacquet 640. Memorials from the Scotch Commissioners 440. Mr. Audly Mervin 's Speech at exhibiting Articles against Sir Richard Bolton 566. Message of the King to the House of Commons concerning the Tumults disregarded 189. to the House of Lords concerning the same 210. to the House of Commons concerning the Lord Cottington 236. to the House of Lords concerning Disbanding the Army 314 318. to the House of Commons about the Queen Mother 329. to the same concerning the Officers of Star-Chamber 368. and about a Priest of the Venetian Ambassador 394. to the House of Lords concerning Commissions 410. to the same about Soldiers for the Spanish Ambassador 457. to the same concerning Guards 684. to both Houses about the Scots Commissioners and some Priests interceded for by the French Ambassador 719 731. to the House of Lords concerning Voluntiers for Ireland 787 789. to the Lord Major c. of London to suppress Tumults 804. to the House of