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
of Parliament and is a restraint to the proceedings of other inferior Courts but is no restraint to the proceedings of Parliament and therefore seeing it may without in justice be denied this being the Case of the Common-wealth they conceive it ought not to be granted Whereupon it is desired that their Lordships will declare that all Priviledges shall be void in case of the Conviction or Disarming of Recusants and that all their Certioraris out of the King's Bench to hinder the Conviction of Recusants may be Superseeded That this direction may extend to Lords as well as to other Common Persons there being more cause of fear from them in regard of their Power and Greatness then from others That if any Popish Recusant of Quality shall be found not to be Convicted that such Pesons be commanded forthwith to attend the Parliament The Opinion of the House of Commons is That Popish Recusants as this Case is may be Disarmed by the Common-Law being Persons justly to be suspected for some dangerous design and that where there is cause of fear this may be extended to such Persons as have Wives Recusants or Children or any but considerable number of Servants as may give good Cause of Suspitions That in ordinary Cases if there be a Combination to do any mischief to commit a Riot Rob a House or hurt any private Person the Justices of the Peace may take security to prevent such damages much more in the Case where the danger of the Common-wealth is to be prevented Divers Presidents were remembred for the Disarming of Lords of Parliament the Marquess of Winchester Lord Peter Lord Vaux Lord Arundel of Wardour and divers others Then after some Consideration of this Conference It is Ordered That this House doth joyn with the House of Commons to send Commissioners to Disarm Recusants according to Law for the other part of it their Lordships will take it into consideration Sir William Armyn brings this Answer to the Message to the Lords The Lords Answer about the Commissioners for Scotland concerning the Commissioners designed for Scotland That the Lords are of Opinion that the Commission and Instructions be presently prepared together with a Petition to his Majesty and that this be sent away with all Speed and in the mean time the Commissioners may be going their Journey and those Instructions and Commission may meet them on the Way if this House thinks fit Mr. Pym reports the Petition and Instructions to the Commissioners for Scotland To the King 's Most Excellent Majesty The Humble Petition of your Majesties Loyal Subjects the Lords and Commons now Assembled in Parliament Most Gracious Sovereign YOur Majesties Absence at this time the Parliament sitting The Petition to the King concerning the Commissioners for Scotland doth not only afflict us with much Grief but hinders us in making such Provision for the Public Necessities and Dangers of the Kingdom as we desired to do for the Safety whereof We shall be often forced to resort to your Majesties Wisdom and Goodness Whereupon both Houses of Parliament have agreed to send William Earl of Bedford Edward Lord Howard Nathaniel Fiennes Esquire Sir William Armyn Baronet Sir Philip Stapleton Knight and John Hambden Esquire to attend your Majesty to convey to us your Majesties Commands and Directions and to present to your Majesty our Humble Petitions and Desires and likewise to see the Expediting of such Acts in the Parliament of Scotland and other Affairs as by the late Treaty or otherwise concern the Kingdom Wherefore our most Humble Suit to your Majesty is That you will be graciously pleased to admit the said William Earl of Bedford Edward Lord Howard Nathaniel Fiennes Sir William Armyn Sir Philip Stapleton and John Hambden Esquire to be your Majesties Commissioners for the dispatch of the Affairs aforementioned according to such Instructions as they have now received or shall from time to time receive from both Houses of Parliament with your Majesties Consent and Approbation The Instructions for the said Commissioners follow I. YOV shall take care that all those Acts that concern both Kingdoms of England and Scotland The Instructions for the Commissioners and are already agreed upon in the Treaty between the Commissioners of both Nations and which are Confirmed by an Act of Parliament passed in this present Session shall likewise be confirmed and ratified in the Parliament in Scotland and You shall take an authentique Exemplification thereof to bring home with you II. You are to take Care that the Commissions agreed upon in the same Treaty concerning the Trade of both Kingdoms and concerning the Publique Peace and Correspondency betwixt the Two Nations may be settled and dispatched accordingly III. You are to demand Satisfaction of such Debts as shall remain due to the Northern Counties of England for any Money or Provision taken up by the Scottish Army IV. You shall be Careful to clear the Proceedings of the Parliament of England towards the Scots if you find any false Reports or Imputations cast on those Proceedings by persons ill-affected to the Peace of both Kingdoms V. You shall upon all fit Occasions assure the Parliament of Scotland of the good Affections of his Majesties Subjects of the Parliament of England and all things which shall concern the Service of his Majesty and the Peace and Prosperity of both Nations VI. You shall be Careful to certify the Lords and Commons in this present Parliament from time to time of all Proceedings therein and of all Occurrences which shall concern the good of this Kingdom VII You shall put in Execution such further Instructions as you shall receive from the Lords and Commons in this present Parliament with his Majesties Approbation and Consent signified under his Royal Hand It was Ordered Mr. Nichols to go with the Petition c. 1000 l. advanced for the Charges of the Commissioners That Mr. Anthony Nichols a Member of this House shall go to his Majesty from this House with the Petition and Instructions It was likewise Ordered That a Thousand pounds shall be advanced by Sir Robert Pye Mr. Wheeler and the Treasurers of Money for Westminster for the Commissioners Charges and their Acquittance or any two of them to be a Discharge Sir Philip Stapleton and Mr. Hollis were also Ordered to attend Her Majesty Sir Ph. Stapleton and Mr. Hollis to attend the Q. before they go for Scotland to know what Commands her Majesty will lay upon the Members of this House that are to go to His Majesty in Scotland The Lord General as indeed any person moderately skilled in Martial Affairs would have done made some difficulty it seems of letting so powerful an Army though of our Dear Brethren of Scotland March through so Important a Pass as the Town of Barwick and upon this wrote to the Parliament concerning it Whereupon the Lord Keeper Littleton returned this Answer My Lord I Have received your Letter dated the 16th of this
Armies or Multitudes of Armed Men lawfully or unlawfully convented together the right use whereof in all times hath been found most necessary in this Kingdom And further to that Question they cannot Answer for that as they conceive it doth concern his Majesties Regal Power and that the Answer of the other Part of the Question doth properly belong to another Profession whereof they have no Cognizance 9. To the Ninth they say That as the taking of any Oath before any but such Judges or Persons as have Power to give or Demand an Oath for decision of Controversies is by most Divines in most Cases counted to be a rash Oath and so an Offence against God within the third Commandment so the perscribing or demanding of a set Oath by any that cannot derive Power so to do from the Crown where the Fountain of Justice under God doth reside Is an Offence against the Law of the Land and as for Voluntary and Extrajudicial Oaths altho freely taken before Arbitrators or others they say as this Kingdom is Composed in many Particulars as the Nature and Consequence of the Course or the Quality of the Person who taketh or before whom the same is taken may concern the Common-Wealth or the Members thereof such taking of such Oaths or Proceeding or Grounding on such Oath in deciding of Differences according to the several Circumstances that may occur therein or the Prejudice it may introduce to the Common-Wealth may be punishable by the Common Law or if it grow unto an height or general Inconvenience to the Common-Wealth or Members thereof in the Castle-Chamber for thô such an Oath be Voluntary yet in most Cases it is received by him that doth intend to ground his Judgment thereon and after the Oath is taken the Arbitrator or he that intends to yield Faith to the Party that took the Oath doth examine him upon one or more Questions upon the said Oath unto the Answer whereof he doth give Faith and Assent trusting on the said Oath And whereas Oaths by God's Institution were chiefly allowed to be taken before lawful Magistrates for ending Controversies yet common Experience doth teach in this Kingdom That oftentimes Orders and Acts grounded on such Voluntary Oaths beget Strife and Suits and commonly such Orders when they come to be measured by the Rules of Law or Equity in the King's Courts become void after much expence of Time and Charge that we say nothing of that that thereby many Causes proper for the King's Courts are drawn ad aliud examen are thereby the Justice and Courts often defrauded and declined 10. To the Tenth they say That they are not Judges of Rules of Policy but of Law and that they know no certain Rule of Law concerning Reducement of Fines the same being Matters of his Majesties meer Grace after a Man is censured for an Offence And that they know no Law that none shall be admitted to Reducement of his Fines or other Penalties in the Courts in the Question specified until he confess the Fact for which he was Censured But forasmuch as the admittance or Reducement after Conviction for an Offence is Matter of Grace and not Justice It hath been the constant Course of those Courts both here and in England for clearing of his Majesties Justice where the Party will not go about to clear himself by reverfal of the Censure or Decree not to admit him to that Grace until he hath confessed the justness of the Censure pronounced by the Court against him and that the rather for that commonly the Ability or disability of the Party doth not appear in Judgment before them but the Nature and Circumstances of the Offence according to which they gave Sentence against him or them in Terrorem after which when the Party shall make the weakness of his Estate to appear or that the Court is otherwise ascertained thereof they do of Course proportion the Censure or Penalty having regard to his Estate 11. To the Eleventh they say That neither the Judges of the King's Bench as they inform us that are of that Court or Justices of Goal-Delivery or of any other Court do or can by any Law they know deny the Copies of Indictments of Felony or Treason to the Party only Accused as by the said Question is demanded 12. To the Twelfth they say That where Lands are holden of the King by Knights-Service in Capite the Tenant by the strict Course of Law ought in Person to do his Homage to the King And until he hath done his Homage the Ancient Course of the Exchequer hath been and yet is to issue Process of Distringas out of the second Remembrancers Office to distrain the Tenants ad faciendum Homagium or ad faciendum finem pro Homagio suo respectuando upon which Process the Sheriff returneth Issues and if the Tenants do not thereupon appear and compound with the King to give a Fine for Respit of Homage then the Issues are forfeited to the King for the Contempt But if he appear then the Court of Exchequer doth agree with him to Respite his Homage for a small Fine wherein they regulate themselves under the Rate expressed and set down in England by Virtue of a Privy Seal in the 15th year of Queen Elizabeth wherein the Rates are particularly set down according to the yearly value of the Lands which Rates are confirmed by Act of Parliament in the first of King James c. 26. in England before which time there was not any such certainty but the same rested in the discretion of the Court by the Rule of Common Law and so it doth at this day in Ireland Howbeit we conceive that the Court of Exchequer here do well to regulate their discretions by those Rates in England and rather to be under then to exceed the same which the Barons there do as they do inform us that are Judges of the other Courts 13. To the 13th they say That they know no Rule of Law or Statute by which it should be Censurable in the Subjects of this Kingdom to Repair and Appeal unto His Majesty for Redress of Injuries or for other their Lawful occasions unless they be prohibited by His Majesties Writ or Proclamation or other his Command But they find that by the Statute of 5 R. 2. that the passage of the Subjects out of the Realm is prohibited without special License excepting Noblemen and others in the said Statute specially excepted and some inference to that purpose may be made upon that Statute of 25 H. 6. c. 2. in this Kingdom 14. To the Fourteenth they say That some Deanries and Dignities not Deans or Dignitaries as the Question propounds it are properly Et de mero Jure Donative by the King some Elective and some Collative according to the first Foundation and Usage of those Churches And they humbly desire that they may not be required to give any further Answer to this Question for that it may concern many Mens
nearly interested in the Ruin of this great Person than any other he satiated his private Revenge by the pretence of Publick Justice and when in all likelyhood the Earl must have Escaped the Prosecution of his Adversaries he produced that Fatal Scrip of Paper of which mention will be made hereafter which had lain so long Dormant or rather which was newly framed upon which the Bill of Attainder in the House of Commons was founded to take away that Life which a Legal Tryal would otherwise have acquitted though not of Misdemeanors yet of the Capital Crime of High Treason My Lord Wentworth being now made one of his Majesties Privy Council gave such daily Testimonies of his singular Wisdom as soon recommended him to the Observation of that Great Man William Laud then Bishop of London and afterwards Archbishop of Canterbury and that Discernment of each others Merits which generally in great Minds produces Emulation Envy and too commonly Aversion and Animosity begat in them a Friendship which being cemented by the common bond of Loyalty and Fidelity to their great Masters Service and Interest proved so firm and indissolvable as to have no other Period but that of their Untimely Deaths Nor did Fortune who seemed now wholy imployed in bestowing her treacherous Caresses upon this Noble Lord stop here for he was in a little time advanced to be Lord Lieutenant of Ireland one of the Trusts and Honours as near the wearing of a Crown as any thing can be that is not actually possessed of one when he came to that Government he found all things in great Disorder the Revenue so low that Ireland was a Burthen to the Crown of England which by his Wise Management he not only took off but so improved the Trade of the Nation and the Revenue of the Crown that that Kindom was not only able to support it self but to lend supplies to England And as he was an Extraordinary Zealous promoter of the Interest and Glory of the Established Church and the Protestant Episcopal Party for which possibly there was a stricter bond of amitie between him and the Arch-Bishop he did by the assistance of that great Metropolitane procure from his Majesty the Restoring of all the Impropriations which in that Nation were then in the Crown to the Bishops and Clergy thereby rescuing the Church-men from those disadvantages which Contempt and Poverty in these declining Ages of Religion had reduced them to and by proposing Rewards to Merit Virtue Learning and Piety encouraged men of Parts to dedicate themselves to those Nobler Studies That contenting themselves with those competent Provisions they might be enabled to resist the Temptations of applying themselves to the more gainful Arts of Secular Professions In short how he managed the Government of that Kingdom notwithstanding the turbulent Humor of the Native Irish whose Religion being Popish and whose Interest to dispossess the English whom they ever esteemed incroachers and invaders continually prompted them to Rebellions this is the clearest Testimony that during all the time that he was his Majesties Vice-Roy in that Kingdom there was not the least murmur of Sedition but all things buried in a most profound Peace and Quiet But no sooner were the Reigns of his Government taken off and even before the blood was cold which dyed his blushing Scaffold but that Kingdom was all in a blaze and from thence such sparks of Jealousie flew over into England as set this miserable Nation into such an Universal Conflagration as was not Extinguished but with whole Rivers of Blood which one may say not altogether Poetically seemed to be sacrificed by the Revenging Deity to the Manes of this Illustrious Man And now the Sun of his Glory was gotten to the Top of his Meridian and from thence had Exhaled those Vapours and sulphureous ingredients which being condensed into Clouds of Popular Discontents raised so horrible a Storm as forced him to set in a dismal Cloud Laetis hunc Numina Rebus Crescendi posuêre modum Innocence is no Protection against Envy and those Merits which raised Admiration and Satisfaction in Good and Virtuous Men produced Emulation and Hatred in the Minds of the Turbulent and Discontented and as formerly all the Complaints and Grievances of the Nation seemed to Centre in the Duke of Buckingham so now the Noble Earl of Strafford for to that Honour he was advanced inherited with the Favour of his Prince all that was Black and Criminal in a Favourite which was now become a certain mark of the Peoples Hatred The long Discontinuance of Parliaments the Imposition of Ship-mony and the Design of introducing Arbitrary Government were all placed to his Score as the intentions of bringing in Superstitions Innovations and Popery were charged upon the Archbishop of Canterbury But above all he had so Exasperated the Scottish Faction and their Friends in England that his or their Ruin as they concluded was inevitable for he had raised a Considerable Army in Ireland and being in the Sickness of the Earl of Northumberland made Lieutenant General of the Army in the North he was an utter Enemy to the Treaty and of Opinion by force of Arms to drive the Scots out of England and so confident was he in the height of his Courage that it might Easily be Effected that in one of his Letters to the Archbishop he writ That he would venture his head if he did not drive the Scots out of England and though he did not think it proper for him as the Case now stood to give the King that Advice Yet if any of the Lords would propose to the King to try the Fortune of a Battle he made not the least scruple to send the Scots back again in more haste than they came into England And had his Majesty pursued those Counsels in all humane Probability this Noble Earl might have saved not only his own but the Royal Head of his Master and that vast Expence of Blood and Treasure as well as the Honour of the English Nation which suffered infinitely abroad by all the succeeding Accidents and Events which Ensued that dishonourable Treaty but Diis aliter visum est No sooner was the Parliament met at Westminster Friday November 6. and the necessary affairs of choosing a Speaker taking the Oaths of Allegiance and Supremacy and upon Friday Novemb. 6. the Grand Committees for Religion Grievances Courts of Justice Trade and Priviledges settled but Mr. Pym moved for a Committee of the whole House to take into Consideration the Irish Affairs from whence there were great and numerous Complaints This was seconded by Sir John Clotworthy in a Speech wherein though he did not name the Earl of Strafford yet the pointed reflections were so easie to be interpreted that the whole House knew he was the Person at whose head the Thunderbolt was levell'd After some Debate the House was Divided upon the Question and there being Yeas 165 Noes 152 it was carried in the affirmative
Strafford The House of Commons in their own Name and in the Name of the whole Commons of England have this day accused your Lordship to the Lords of the Higher House of Parliament of High Treason the Articles they will in a few dayes produce in the mean time they have Resolved That your Lordship shall be Committed into Safe Custody to the Gentleman Vsher and be Sequestred from the House till your Lordship shall clear your self of the Accusations that shall be laid against you Whereupon he was immediately taken into Custody by James Maxwell Usher of the Black Rod. And that the Commons might Disable him of the Testimony and Assistance of Sir George Radcliff his great Friend and Confident it was resolved to make him a Party and accuse him of High Treason and Confederacy with the Earl which was accordingly done as is more at large related before to which the Reader is referred only a Debate worth the Observation arose upon his being a Member of the Parliament in Ireland Whether he could without Breach of Priviledge be sent for Upon which it was Resolved as a thing out of all Doubt That in case of High Treason Priviledg of Parliament neither here nor there doth reach to Protect him Notwithstanding which when afterwards his Majestie accused the Lord Kimbolton and the Five Members of High Treason and Exhibited Articles against them they did not only protect them but arraigned that proceeding as the Highest Violation of the Priviledges of Parliament making it one of the main Foundations upon which they built the Justice of the succeeding Rebellion and their taking up Arms against his Majesty It was Ordered Wednesday Novemb. 18. That no Member of the House of Commons shall visit the Earl of Strafford during his restraint without Licence first obtained from the House And the same Order was taken in the House of Peers and all the time of his Imprisonment the Lieutenant of the Tower brought in a Weekly account of the Names of those persons who visited him and by whose Order Upon Munday Munday Nov. 23. Novemb. 23. Mr. Pym presented a draught of Articles to the House which being referred to the Committee who were to prepare a Charge against the Earl were by them reported and agreed to by the House and Mr. Pym ordered to go up with them to the Lords which upon Wednesday following he did accordingly Wednesday Nov. 25. and before their Lordships laid out his Talent of Speech-making upon that subject as follows The Articles being first tendred and Read which were these I. THat he the said Thomas Earl of Strafford Articles of Impeachment against the Earl of Strafford Nov. 25. hath Trayterously endeavoured to subvert the Fundamental Laws and Government of the Realms of England and Ireland and instead thereof to introduce an Arbitrary and Tyrannical Government against Law which he hath declared by Trayterous Words Counsels and Actions and by giving his Majesty advice by force of Armes to compel his Loyal Subjects to submit thereunto 2. That he hath Trayterously assumed to himself Regal power over the Lives Liberties Persons Lands and Goods of his Majesties Subjects in England and Ireland and hath exercised the same Tyrannically to the subversion and undoing of many both of Peers and others of his Majesties Liege people 3. That the better to enrich and enable himself to go thorow with his Trayterous Designs he hath detained a great part of his Majesties Revenue without giving legal account and hath taken great Summes out of the Exchequer converting them to his own use when his Majesty was necessitated for his own urgent occasions and his Army had been a long time unpaid 4. That he hath Trayterously abused the power and authority of his Government to the encreasing countenancing and encouraging of Papists that so he might settle a mutual dependance and confidence betwixt himself and that Party and by their help prosecute and accomplish his malicious and tyrannical designs 5. That he hath maliciously endeavoured to stir up enmity and hostility between his Majesties Subjects of England and those of Scotland 6. That he hath Trayterously broken the great Trust reposed in him by his Majesty of Lieutenant General of his Army by wilfully betraying divers of his Majesties Subjects to death his Army to a dishonourable defeat by the Scots at Newborn and the Town of New-Castle into their hands to the end that by the effusion of blood by dishonour and so great a loss of New-Castle his Majesties Realm of England might be engaged in a National and Irreconciliable quarrel with the Scots 7. That to preserve himself from being questioned for those and other his Trayterous Courses he laboured to subvert the Right of Parliaments and the ancient course of Parliamentary Proceedings and by false and malicious slanders to incense his Majesty against Parliaments By which Words Counsels and Actions he hath Trayterously and contrary to his allegiance laboured to alienate the hearts of the Kings Liege people from his Majesty to set a division between them and to ruin and destroy his Majesties Kingdoms for which they impeach him of High Treason against our Soveraign Lord the King his Crown and Dignity 8. And he the said Earl of Strafford was Lord Deputy of Ireland and Lieutenant General of the Army there viz. His most excellent Majesty for his Kingdoms both of England and Ireland and the Lord President of the North during the time that all and every the Crimes and Offences before set forth were done and committed and he the said Earl was Lieutenant General of all his Majesties Army in the North parts of England during the time that the Crimes and Offences in the fifth and sixth Articles set forth were done and committed 9. And the said Commons by protestations saving to themselves the liberty of exhibiting at any time hereafter any other Accusation or Impeachment against the said Earl and also of replying to the Answers that he the said Earl shall make unto the said Articles or to any of them and of offering proofes also of the premisses or any of them or any other impeachment or accusation that shall be exhibited by them as the cause shall according to the course of Parliaments require do pray that the said Earl may be put to answer for all and every the premisses that such Proceedings Examinations Tryals and Judgments may be upon every of them had and used as it is agreeable to Law and Justice My Lords THese Articles have exprest the Character of a great and dangerous Treason Mr. Pym's Speech after the Reading the Articles against the Earl of Strafford Nov. 25. such a one as is advanced to the highest degree of Malice and of Mischief It is enlarged beyond the limits of any description or definition it is so hainous in it self as that it is capable of no aggravation a Treason against God betraying his Truth and Worship against the King obscuring the Glory and weakning the foundation
the now Lord Chancellor and the Chief Justice of the Common-Pleas upon the Proofs in the Chancery decreed for the Plaintiff to which he refers himself and it may be the Lord Mountnorris was thereupon put out of his Possession To the Seventh he saith His Majesty being Intituled to divers Lands Lord Dillon his Patent questioned upon an Inquisition found Proclamation was made That such as Claimed by Patent should come in by a day and have their Patents allowed as if they had been found in the Inquisition and accordingly divers were allowed The Lord Dillon produced His Patent which being questionable he consented and desired that a Case might be drawn which was drawn by Counsel and argued and the Judges delivered their Opinions but the Lord Dillon nor any other were bound thereby or put out of Possession but might have traversed the Office or otherwise legally have proceeded that Case or Opinion notwithstanding To the Eighth he saith That upon Sir John Gifford's Petition to the King The Lord Loftus close Prisoner not delivering the Great Seal His Majesty referred it to the Deputy and Council of Ireland where the matter proceeding legally to a Decree against the Lord Loftus and upon his Appeal that Decree by his Majesty and his Council of England was confirmed to which Decree and Order he refers himself believing the Lord Loftus was committed for disobeying that Decree and for continuance in contempt committed close Prisoner He saith That the Lord Loftus having committed divers Contempts the Council by Warrant required him to appear at the Board and to bring the Great Seal with him which Order he disobeyed and was shortly after Committed and the Great Seal was delivered up by his Majesties express Command and not otherwise And an Information was exhibited in the Star-Chamber for grievous Oppressions done by the Lord Loftus as Chancellor whereof he was so far from justifying as that he submitted desiring to be an Object of his Majesties Mercy and not of his Justice The Earl of Kildare for not performing of an Award made by King James The Earl of Kildare Committed and of an Award made in pursuance thereof by the said Earl of Strafford upon a Reference from His Majesty was by the Deputy and Council Committed and a Letter being unduly obtained he did not thereupon enlarge him but upon another Letter and submission to the Orders as by the King was directed he was enlarged The Lady Hibbots and one Hoy her Son having upon a Petition Answer Examination of Witnesses and other Proceedings at Council-Board been found to have committed foul abuses by Fraud and Circumvention to have made a Bargain with the Petitioner Hibbots for Lands of a great value for a small sum of Money was Ordered to deliver up the Writing no Assurances being perfected or Money paid and it 's like he threatned her with Commitment if she obeyed not that Order but denieth that the Lands were after sold to Sir Robert Meredith to his use or that by any Order by himself made any one hath been Imprisoned concerning Freeholds but for debts and personal things as some have been used by all his Predecessors in like Causes To the Ninth he saith Warrants to such Effects have been usually granted to the Bishops in Ireland in the times of all former Deputies but the Earl not satisfied with the conveniency thereof refused to give any such Warrants in general to the Bishops as had been formerly done but being informed that divers in the Diocess of Down gave not fitting Obedience he granted a Warrant to that Bishop whereto he referreth which was the only Warrant he granted of that Nature and hearing of some Complaints of the Execution thereof he recalled it To the Tenth he saith The Lord Treasurer Portland offered the Farm of the Customs for 13000 l. per annum in some particular Species but the Earl of Strafford advanced the same Customs to 15500 l. per annum and 8000 l. Fine and by His Majesties Command became a Farmer at those Rates proposed without addition to those Rates as by the printed Books 7 Car. Regis may appear he disswaded the advance of Rates lately proposed by Sir Abraham Dawes so as it was declined the Rates of Hydes and Wooll are moderate consideration being had of their true value and of the Places whereto they are to be transported and of the Statute made in the time of Queen Elizabeth and there in force prohibiting the Exportation of Wooll unless they pay to the Crown 5 s. the Stone the Trade and Shipping of that Kingdom are exceedingly increased To the Eleventh he saith Pipe-staves were prohibited in King James's Time and not Exported but by Licence from the Lord Treasurer of England or Lord-Deputy of Ireland who had 6 s. 8 d. a 1000 and his Secretary 3 s. 4 d. for the Licence but to restrain that destruction of Timber by Command of His Majesty and Advice of His Council for His Revenue in Ireland first 30 s. then 3 l. the money was paid to His Majesty who hath thereby about 1500 l. per annum and his Lordship lost about 4 or 500 l. per annum which his Predecessors had for such Licences This is paid by the Transporter not by the Natives whose Commodity nevertheless appears by the Article to be very much increased To the Twelfth he saith The Subsidies there are an Inheritance in the Crown by Act of Parliament 6 d. was paid for Subsidy and 1 s. 6. d. for Impost upon every pound of Tobacco and Farmed 10 or 20 l. per annum the Commons in Parliament 10 Car. Regis finding the Revenue to be short of the Expence of that Kingdom 24000 l. per annum Petitioned those Grants might be applied to increase His Majesties Revenue without calling upon the Subject but upon urgent Occasions Hereupon upon the Advice of the Committee of the Revenue and in consideration of a Proclamation made in England several Proclamations were made and this settled in a way till it could be confirmed by Parliament for which purpose a Bill is transmitted according to the desire of the Commons and the Impost of Tobacco is Let to Contractors for eleven years at 5000 l. per annum for the first five years and 10000 l. per annum for the other six years and the Earl hath lent money to forward the business and by His Majesties Allowance is a Partner but hath not as yet in two years last past had any Accompts thereof or made benefit thereby He knoweth of no whipping or other punishment the Farmes of the Customs are better than formerly 2000 l. per annum five 8 parts whereof is yearly paid unto His Majesty the prices of Tobacco exceed not 2 s. or 2 s. 4 d. the pound the settling of that Revenue according to the Petition of the Commons he hath not raised or countenanced any Monopolies but opposed the same To the Thirteenth he saith He endeavoured to advance the Manufacture of
House of Commons by whom the rest might the better be guided Mr. Secretary Windebank said He feared the House would first be Answered of their Grievances and Voted for a Breach of the Parliament Mr. Secretary Vane in opposite terms said That there was no hope that they would give the King a Penny and therefore absolutely Voted for a Breach And the Earl of Strafford conceiving His Majesties Pleasure to have accepted Eight Subsidies had been delivered to the House of Commons by Mr. Secretary Vane did in His Majesties turn deliver his Vote for Breach of the Parliament which otherwise he would not have done it being contrary to what he Resolved when he came thither and like Opinion was delivered by the rest of the Lords being about twenty except two or three at the most The Parliament being Dissolved His Majesty desired Advice of His Council How money might be raised affirming That the Scotch Army was ready to enter into the Kingdom The said Earl in presence of others in the Council delivered his Opinion That in a Case of absolute and unavoidable necessity which neither would nor could be prevented by ordinary remedies provided by the Laws nor all His Majesties other means sufficient to defend the Common-wealth Himself or their Lives and Estates from an Enemy without force of Arms either actually entred or daily expected to Invade the Realm He conceived that His Majesty was absolved from ordinary Rules and might use in as moderate a way the necessity of the Cause would permit all ways and means for defence of Himself and Kingdom for that he conceived in such extremity Salus Populi was Suprema Lex provided it were not colourable nor any thing demanded imployed to other use nor drawn into Example when Law and Justice might take place and that when Peace was settled Reparation was to be given to particular men otherwise it would be unjust This was not officiously declared but in Council forced by the duty of the Oath of a Counsellor which is that he shall in all things to be moved treated and debated in Council faithfully and truly declare his Mind and Opinion according to his Heart and Conscience which Oath the said Earl took and humbly prays their Lordships Consideration thereof He denieth the words in the Article or any words to the intent thereby expressed To the 24th he saith He delivered his Opinion with such Cautions and Restrictions as in the Answer to the Precedent Article and is well assured his Discourse at all times hath been without ill Intentions to either of the Houses of Parliament which he ever did and shall think and speak of with all Reverence He denies that he knew of the Publishing or Printing of the Book nor who caused it to be Printed or Published for at that time he was sick in his Bed more like to die than to live To the 25th he saith Ship-Money was levied and adjudged to be due before his coming over Sheriffs were then called up as before and not otherwise If any were sued in Star-Chamber it was without any particular indeavour of his It appearing at the Board That the Mayor and Sheriffs of London had been slow in Collecting Ship-Money he said They were but Ministerial and ought to Exact and not dispute the King's Writs and that if through their remisness the King should be less able to provide for the Publick Safety when any Forreign Army was ready to enter the Kingdom they might deserve to be Fined and Ransomed which he spake more to hasten them than of purpose to advise any such Prosecution but denies the other words being under favour such Expressions as he is not accustomed unto To the 26th he saith He advised not either of those Projects being then sick in Bed but it being debated at the Council-Table Whether it were better for the King to raise Gold and Silver or Coin base Money He for the Reasons then given delivered his Opinion for the latter Sundry Merchants Adventurers coming to his house desired him to move His Majesty then at Oatlands to Release the Bullion or Money he told them He knew of no such thing and would not meddle with it nor would his Health permit him to go abroad and said That if their denying the King in such a Publick Danger the Loan of 100000 l. upon good Security the King were constrained for the Preservation of the Land to stay the Bullion they might thank themselves and the City receiving so great a benefit by Residing amongst them they made but an unthankful acknowledgment in such a Straight to refuse the Loan of that Sum. The Officers of the Mint came to the Council-Board and the Earl then shewed a Letter he received from the Earl of Leicester wherein was related That the Cardinal had appointed Commissioners to go into the Merchants houses at Paris to peruse their Shop-Books and Accompts and to Cess every man according to his Ability towards the payment of the King's Army and then said That it was but just for Us here in England to bless God for being under a King which could not think upon such a Pressing upon the People But the words in the Article or words to any such intent he did not speak and cannot sufficiently bemoan himself to have been in all his words so ill understood or so untruly Reported as he hath been To the 27th he saith He perswaded the Gentry of that Country to allow the Trained-Band a months Pay which they yielded and His Majesty graciously accepted It was by Council of War His Majesty being present thought fit the Trained-Bands should return save the two Regiments under the Command of Sir William Pennyman and Sir Thomas Danby It was assented unto by His Majesty and the great Councel of the Peers then Assembled That those spared should Contribute and the said Earl was Commanded by them to see it done which was done accordingly by Warrants from him and from his Deputy-Lieutenants which was much less Charge to the Countries than otherwise and denies the other particular in the Article mentioned To the 28th he saith He was Lieutenant-General to the Earl of Northumberland about the 24th of August of 10 or 12000 Foot and 2000 Horse being at New-Castle under the Command of the Lord Conway and Sir Jacob Ashley and the rest of the Army at York the said Earl went from London and the 26th of August notwithstanding his extream weakness and came to York and having received a Letter from Sir Jacob Ashley that New-Castle was Fortified and that they must be Infamous Beasts to lose it and that it was fully Secured and being acquainted with several Dispatches sent by Mr. Secretary Vane by His Majesties Directions to the Lord Conway General of the Horse to oppose the Passage of the Scots over the River of Tyne the one dated 22. Augusti the other 23. Augusti another 24. Augusti another 26. Augusti the substance of which Letters are particularly mentioned in the
Behaviour and Eloquence between the Extremes of Baseness and Dejection and the vanity of Disdain or Ostentation as raised an admiration of him even in his very Enemies The first Witness that was produced was Sir Pierce Crosby Witnesses Sir Pierce Crosby set aside for the present against whom the Earl excepted as having been sentenced in the Star-Chamber in Ireland for Conspiring to take away his Life for breaking Prison and making his Escape from which Circumstances it was probable he might be Transported by the desire of private revenge beyond the bounds of Truth and Publick Justice so that for the present he was set aside Then Sir John Clotworthy was sworn Sir John Clotworthy all that he deposed was that Sir George Radcliff being a teller of the No's in a Vote of Parliament to which he had given his Negative contrary to the Mind of the Earl who had a desire the Bill should pass Sir George asked him if he had not a Lease in such a place to which he answering yes Sir George replyed remember that That as to Sir Pierce Crosby's imprisonment he did apprehend it was for giving his Vote contrary to the Lord Lieutenant's mind for that he heard Sir George say to him after he had Voted this is not Privy Counsellor like or to that Effect The Lord Ranulagh deposed that Sir Pierce Crosby was by the Opinion of the Board sequestred from the Privy-Council for Voting against a Bill transmitted by the Lord Deputy and Council to the Parliament Lord Ranulagh The Lord Mountnorris deposed to the same Effect Lord Mountnorris and that he was Sequestred from the Council by the Voices of the Board among which the Earl gave his Mr Nicholas Barnwell deposed that for his differing in Opinion in the Parliament from Sir George Radcliff Nic. Barnwell Sir George asked him if his House would hold 500 Men to which he smiling answered you know how many my house will hold whereupon Sir George replyed it was no laughing matter and that he should have 500 men laid upon him but this upon the Earl's Question he said was spoken when the Earl was out of the Kingdom upon which Mr. Pym made this prity Observation That the Spirit of my Lord Strafford could move in Sir George Radcliff wheresoever it was spoken as if a man could commit Treason had it been such by his Proxie The next thing was about oppressing the Subjects of Ireland Mr. Egor a Witness and particularly the City of Dublin by quartering Soldiers upon them to which Mr. Egor was sworn deposed that the City of Dublin is put to 55 l. per mensem for billetting of Horse which the Earl avoided by the Practice of his Predecessors in the like Case which the Witness confessed as to Foot Guards The Managers then desired the Remonstrance from Ireland might be read which the Earl opposed as being New matter and not in the Charge but come over since his Impeachment to which they replyed that the Subverting of Laws and Corruption of Government was in general laid and they produce this to prove his answer Untrue as to his Integrity in the Administration whereupon the Lord Baltinglass and Lord Digby of Ireland vouching the Truth of the Copy it was read in haec Verba To the Right Honourable the Lord-Deputy The Humble and just Remonstrance of the Knights Citizens and Burgesses of the Parliament Assembled Shewing THat in all Ages since the happy Subjection of this Kingdom to the Imperial Crown of England The Irish Remonstrance it was and is a Principal Study and Princely Care of his Majesty and His Noble Progenitors Kings and Queens of England and Ireland to the vast Expence of Treasure and Blood that their Loyal and Dutiful people of this Land of Ireland being now for the most part derived from British Ancestors should be Governed according to the Municipal and Fundamental Laws of England that the Statute of Magna Charta or the Great Charter of the Liberties of England and other Laudable Laws and Statutes were in several Parliaments here Enacted and Declared That by the means thereof and of the most Prudent and Benign Government of His Majesty and His Royal Progenitors this Kingdom was until of late in its growth a Flourishing Estate whereby the said people were heretofore enabled to answer their humble and natural desires to comply with His Majesties Princely and Royal Occasions by their free Gift of 150 Thousand Pounds Sterling and likewise by another free Gift of 120 Thousand Pounds more during the Government of the Lord Viscount Faulkland and after by the Gift of 40 Thousand Pounds and their free and chearful Gift of Six entire Subsidies in the 10th Year of His Majesties Reign which to comply with His Majesties then Occasions signified to the then House of Commons They did allow should amount in the Collections unto 250 Thousand Pounds although as they confidently believe if the Subsidies had been levied in a moderate Parliamentary way they would not have amounted to much more than half the Sum aforesaid besides the four intire Subsidies granted in this present Parliament So it is May it please Your Lordship by the occasion of the insuing and other Grievances and Innovations though to His Majesty no considerable Profit this Kingdom is reduced to that extream and universal Poverty that the same is less able to pay Subsidies than it was heretofore to satisfie all the before recited great Payments And His Majesties most Faithful people of the Land do conceive great fears that the said Grievances and Consequences thereof may be hereafter drawn into Presidents to be perpetuated upon their Posterity which in their great Hopes and strong Beliefs they are perswaded is contrary to His Royal and Princely intention towards His said people some of which said Grievances are as followeth 1. The general apparent decay of Trades occasioned by the new and illegal raising of the Book of Rates and Impositions upon Native and other Commodities Exported and Imported by reason whereof and of extream Vsage and Censures Merchants are beggered and both disinabled and discouraged to Trade and some of the honourable Persons who gain thereby are often Judges and Parties and that in the conclusion His Majesties Profit thereby is not considerably advanced 2. The Arbitrary decision of all civil Causes and Controversies by Paper Petitions before the Lord Lieutenant and the Lord Deputy and infinite other Judicatories upon reference from them derived in the nature of all Actions determinable at the Common Law not limited into certain time cause season or thing whatsoever And the consequences of such proceedings by receiving immoderate and unlawful Fees by Secretaries Clerks Pursevants Serjeants at Arms and otherwise by which kind of Proceedings His Majesty loseth a considerable part of his Revenue upon Original Writs and otherwise and the Subject loseth the benefit of his Writ of Error Bill of Reversal Vouchers and other Legal and just Advantages and
greater for drawing others to joyn with him in it That the Oath injoyned in England seems to have followed the Precedent of Ireland that though Salmon mistakes the time he does not mistake the substance and that though my Lord Strafford 's Witnesses do not remember the Words about the Scots it is no impeachment of the Witnesses against him that do Concluding That this administring an Oath was assuming a Power above Regal for this is not penes Potestatem Ministri Mr. Maynard added That though the King injoyned him to administer an Oath yet not to punish the Refusers Upon Monday April 5. the Commons proceeded to the 20 21 22 Munday April 5. Artic. 20 21 22 23 24. 23 and 24 Articles but before they began the Lord High Steward informed them That upon my Lord's Petition the Earl of Northumberland had been Examined but being late could not be Cross Examined by the Commons Mr. Whitlock desired he might be reserved and some other Witnesses My Lord opposed Supplemental Evidence and desired he might Cross Examine my Lord of Canterbury They answered My Lord of Canterbury was Impeached but they did not intend to make use of his Evidence and the other Witnesses were such as were to speak vivâ voce instancing in Serjeant Glanvil Mr. Whitlock then begun to open the foresaid Articles in gross which the Earl desired the Lords might not be acquainting them his Memory could not serve him to make replyes if they inverted the Method That any other person in his Circumstances would think as long time as he had been favoured with to recollect and put his Notes in Order no more than necessary though a far abler man than himself Mr. Glyn said he never knew a Prisoner prescribe a Method especially in case of High Treason My Lord then desired he might have time till to morrow for his Answer which being offered with all humility for his Defence he hoped their Lordships might grant without Offence But he was over-ruled and they proceeded Mr. Whitlock proceeded in the Charge That he advised the King that the Scots Demands were a sufficient ground of War that they struck at the Root of Monarchy and were not only matters of Religion That he seized their Ships in Ireland procured the Parliament in Ireland to give assistance and supply for a War against Scotland That his design was the same against England That Sir George Ratcliff told Sir Robert King The King had 30000 men and 400000 l. in his Purse and his Sword by side and if he wants money who will pity him he may make peace when he will though that be the worst of Evils that if the Parliament did not supply him he might use his Prerogative and would be acquitted before God and Man if he took other Courses to supply himself and he would be ready to serve him in any other way that he advised the Dissolving of the Parliament and said that they having denied the King Supplies he might provide for the Kingdom by such wayes as he thought fit and not suffer himself to be mastered by the wilfulness or frowardness of his People That having tried all wayes he was to do all that Power would admit being absolved from all Rules of Government and acquitted before God and Man that he had an Army in Ireland which he might Employ to reduce his Kingdoms For proof Earl of Traquair the Earl of Traquair deposed That the Earl said that the Vnreasonable demands of Subjects in Parliament was a ground for the King to put himself into a posture of War and that at the Council-Board the Earl with the rest concluded That if the Commissioners from Scotland to whom the King had given leave to come up to represent their demands did not give good satisfaction touching them the Council would be assistant to his Majesty to put him into a posture of War to reduce them to their Obedience but who spoke first at the Board he remembers not After some debate about reading the Examinations of Witnesses not present Earl of Morton the Lord High Steward ruling it the Examination of the Earl of Morton was read he being sick That the Earl had said as before for the Ground of War and that the Examinate told his Majesty he had given the Scots leave to Petition in Parliament for Redress and without hearing their Reasons there was not sufficient Ground for War to which his Majesty said he spoke reason howbeit the Lord Strafford said there was ground enough for War Whence Mr. Whitlock observed That though he knew not the Reasons nor was versed in Republica aliena yet he repeats his advice That these Demands c. That the Scots Commissioners by his Majestie 's leave being on their way to give Reasons yet the Earl of Strafford said the demands were not matters of Religion but strook at the Root of Government and such as he thought were fit for his Majesty to punnish Sir Henry Vane deposes Sir Hen. Vane That after the breaking up of the Parliament some thing was proposed and he himself proposed a Defensive War the Earl of Strafford an Offensive The Earl of Northumberland's Examination read Earl of Northumberland was to the same Effect The Bishop of London Lord Treasurer of England Bishop of London deposed That among others my Lord Strafford gave advice That his Majesty should prepare himself to reduce them by Force his Majesty having acquainted them upon the Earl of Traquair 's Relation That some of their Demands were prejudicial to the Crown and which he could not grant That the War being at ancther meeting resolved upon whether Offensive or Defensive there were divers opinions but believes my Lord Strafford inclined to an Offensive War Nicholas Barnwell deposed Mr. Nicholas Barnwell That Sir Robert Loftus seized several Scotch Ships and Boats and that others hearing fled away and that Sir George Ratcliff was displeased with Sir Robert for making it publick by which means they Escaped Then the Lord Primate of Ireland's Examination was read Archbishop of Armagh That discoursing about levying of money the Earl of Strafford declared that he agreed with those of England who thought in Case of imminent necessity the King might make use of his Prerogative to Levy what he pleased adding That His Majesty was first to try his Parliament and if they supplied him not then he might make use of his Prerogative as he pleased himself The Lord Conway deposed Lord Conway That in private discourse about the 12 Subsidies the Lord Strafford said words to this Effect That the King had need and if the Parliament would not supply the King though he hoped they would the cause being just and lawful the King was justified before God and man if he sought means to help himself though it were against their Wills Sir Henry Vane deposed that the Lord Strafford said Sir Hen. Vane In case the Parliament did not succeed he would be
are nothing at all on the matter Sir James Montgomery tells you a Tale not much Material nor Mr. Maxwell nor Sir John Clotworthy there is nothing at all in it concerning Treason Stewart's Sentence remains only to be answered in this Article for that I conceive it was justly and fairly given as I then conceived I was one of the rest and nothing was intended by that Decree but his Reformation and when he had pleased to have taken the Oath he might have been released of the Sentence and sent home again quietly The next is the 20th Article Wherein I am Charged to be a Provoker and Incendiary of a War against his Majesties Subjects of the Scotch Nation and that I should say of them They were Rebels and Traytors and being about to come into England that I should say I would root out of the Kingdom the Scotish Nation Root and Branch My Lords I shall need no more to say in this for my being an Incendiary I think by the Proof it hath been clearly made appear to your Lordships that I gave no Opinion but such as others did in the like Case It is proved by Lord Traquair and my Lord Treasurer and might have been proved by many more if it had been needful For the Words that I should say The Rooting out the Scots Root and Branch They are only testifi'd by one single Witness Salmon the School-Master swears it and no man else but he and I hope my Lords that when your Lordships do call to mind how he is Crost by his Fellow Witness John Loftus your Lordships will be satisfied he Swears I will persecute them to the Blood and root them out Root and Branch and I cannot tell what But John Loftus said indeed that I said I hope that such of the Scottish Nation as would not submit to the Ecclesiastical Government I would root out stock and branch a wonderful difference between these two But my Lords it was testified by Mr. Secretary Manwaring then present that I never spoke the one nor the other but as in my Answer I did truely and faithfully deliver it I said that unless they would take that Oath of Allegiance and secure the King of their Allegiance in that point I hope I should not see any of them stay in that Kingdom that refused it and there is no proof in the World but the School-Master and I hope your Lordships will not take him to be a good and valid proof to convince me in this Case being a person of no greater Quality and crossed by his fellow Witness For my self I do absolutely say I was so far from wishing ill to that Nation or any Dissension or Division between them that I never desired other in my heart and soul but a firm Peace through the King's Dominions My Counsels tended to that and if I might seem to begin in a contrary way yet the last resort was to bring all to quietness and so that it should be without Blood And I dare say there be them that heard me say it many a time in the King's Council That the King should be in nothing so much sparing and tender as to draw any Blood in that Quarrel I dare say many that heard it will justifie me in it And if your Lordships will give me leave I do think I have something that might procure your Lordships belief that it was so for at that time my Fortune though now by Misfortune it be mean enough was such as I needed not desire to shuffle the Cards and deal anew and especially when nothing was to be got but Blows and that I trust will be an Argument to your Lordships that nothing was desired by me so much as Peace and that under God's goodness and the protection and Benefit of His Majestie 's Scepter I might enjoy the little Estate my Ancestors left me for it is certainly true whatever the World may think to the contrary it is very little better from what my Father left me something it is and the most part of the Improvement of it was before I came to serve the King and yet I have had more from the King then I deserved in all kinds and all the whole service of my Life were it never so many years could not Merit nor deserve from him the Hundred part of what I had from His Favour My Lords Mr. Treasurer Vane says I was in the Argument for an Offensive and he for a Defensive War for a War both of us And I beseech your Lordships How should it be more Treasonable for me to be for an Offensive then for him to be for a Defensive War for a War there must be and the difference was not great and for a Councellor to deliver his Opinion and have that turned upon him as Capital to sweep from the World himself and his Posterity is a very hard Case to say no more of it The next Article is the 21th wherein I am Charged to be an Enemy to Parliaments a Breaker of Parliaments and did by that means sow ill Affections betwixt the King and His People My Lords This is more fully Charged in a Subsequent Article then this for this is but only for breaking of the last Parliament that I should advise it to be called with an intent to break it which is very unlikely for that nothing in the World could be of so happy effect to me as the success of that Meeting and yet I must destroy and disadvantage my self in that then which nothing could be of more advantage then the success of that Parliament The 22th Article is Answered already and the 23th likewise In the 24th Article comes in that of the Parliament more fully and there I am Charged Falsly and Treacherously and Malitiously to have declared before His Majesties Privy-Council That the Parliament of England had forsaken the King and given Him the Advantage to Supply Himself otherwayes and having so Malitrously Slandered the said House of Commons that I did with the Advice of the Archbishop of Canterbury and the Lord Finch Publish a False and Trayterous Book called His Majestie 's Declaration of the Causes of Dissolving the last Parliament c. This goes very heavy upon me in the World that I should be a breaker of Parliaments a Counsellor against Parliaments My Lords there is nothing proved of it and I hope I shall be cleared by your Lordships and these noble Gentlemen and all the World that I had no such thing in my heart For the Point of the Declaration I was at that time Sick in my Bed and could do nothing in it and therefore I trust I shall be acquitted as to that As to the Breaking of the Parliament or any ill-will to Parliaments I have ever honour'd them and far be it from me to wish that they may not be frequent for the good of the King and Kingdom but as oft as you shall have it urged and prest against me that I should
counterfeit Coin was Treason and Justice Stamford fol. 331. 44. is of opinion that this or the conspiring to counterfeit the Great Seal is Treason The Statute is If any shall counterfeit the Great Seal conspiring to do it by the Book is Treason if a man take the Broad Seal from one Patent and put it to another here is no counterfeiting it 's tantamount and therefore Treason as is adjudged in 2 Hen. 4. fol. 25. and by the opinion of Stamford If Machination or Plotting a War be not within that clause of the Statute of Levying of War yet is within the first of compassing the death of the King as that which necessarily tends to the destruction both of King and People upon whose safety and protection he is to engage himself That this is Treason hath been adjudged both after the Statutes of 1 Hen. 4. Cap. 10. and 1 Queen Mary so much insisted upon on the other side In the Third year of King Henry 4th one Balshal coming from London found one Bernard at Plough in the Parish of Osley in the County of Hertford Bernard asked Balshal what news he told him that the news was That Richard the Second was alive in Scotland which was false for he was dead and that by Midsummer next he would come into England Bernard asked him What were best to be done Balshal answered Get Men and go to King Richard In Michaelmas Term in the Third year of Hen. 4th in the Kings-Bench Rot. 4. This advice of War adjudged Treason In Queen Mary's time Sir Nicholas Throckmorton conspired with Sir Thomas Wyat to Levy War within this Realm for alteration in Religion he joyned not with him in the execution This conspiracy alone declared to be Treason by all the Judges this was after the Statute of Queen Mary so much insisted upon That Parliament ended in October this opinion was delivered the Easter Term following and is reported by Justice Dyer fol 98. It 's true Sir Thomas Wyat afterwards did Levy War Sir Nicholas Throckmorton he only conspired This adjudged Treason One Story in Queen Elizabeths time practised with Foreigners to Levy War within this Kingdom nothing done in pursuance of the practice The intent without any adhering to enemies of the Queen or other cause adjudged Treason and he executed thereupon It 's true my Lords that year 13 Eliz. by Act of Parliament it 's made Treason to intend the levying of War this Case was adjudged before the Parliament The Case was adjudged in Hillary Term the Parliament begun not till the April following This my Lords is a Case judged in point that the practising to Levy War though nothing be done in execution of it is Treason Object It may be objected That in these Cases Object the Conspiring being against the whole Kingdom included the Queen and was a Compassing Her destruction as well as of the Kingdoms here the advice was to the King Answ The Answer is first That the Warrant was unknown to His Majesty Answ that was a Machination of War against the People and Laws wherein His Majesties Person was engaged for protection Secondly That the advice was to his Majesty aggravates the Offence it was an Attempt which was the Offence it was an Attempt not only upon the Kingdom but upon the Sacred Person and His Office too himself was hostis patriae he would have made the Father of it so to Nothing more unnatural nor more dangerous than to offer the King Poyson to drink telling him that it is a Cordial is a passing of his death the Poyson was repelled there was an Antidote within the Malice of the giver beyond expression The perswading of Foreigners to invade the Kingdom hold no proportion with this Machination of War against the Law or Kingdom is against the King they cannot be severed My Lords If no actual War within the Statute if the Counselling of War if neither of these single Acts be Treason within the Statute The Commons in the next place have taken it into consideration what the addition of his other Words Counsels and Actions do operate in the Case and have conceived that with this Addition all being put together that he is brought within the Statute of 25 E. 3. The words of the Statute are If any Man shall Compass or Imagine the death of the King the words are not If any Man shall Plot or Counsel the Death of the King No my Lords they go further than to such things as are intended immediately directly and determinatively against the Life and Person of the King they are of a larger extent to compass is to do by Circuit to Consult or Practise another thing directly which being done may necessarily produce this effect However it be in the other Treasons within this Statute yet in this by the very words there is room left for constructions for necessary inferences and consequences What hath been the Judgment and Practice of former times concerning these words of compassing the Kings Death will appear to your Lordships by some Cases of Attainders upon these words One Owen Owen's Case of Sandwich in Kent in King James His time in the 13th year of His Reign at Sandwich in Kent spake these words That King James being Excommunicated by the Pope may be killed by any Man which killing is no Murther Being asked by those he spake to how he durst maintain so Bloody an Assertion Answered That the matter was not so heinous as was supposed for the King who is the Lesser is concluded by the Pope who is the Greater and as a Malefactor being Condemned before a Temporal Judge may be delivered over to be Executed So the King standing Convicted by the Popes Sentence of Excommunication may justly be slaughtered without fault for the Killing of the King is the Execution of the Popes Supream Sentence as the other is the Execution of the Law For this Judgment of High Treason was given against him and Execution done My Lords there is no clear intent appearing that Owen desired the thing should be done only Arguments that it might be done this is a Compassing there is a clear Endeavour to corrupt the Judgment to take off the Bonds of Conscience the greatest security of the Kings Life God forbid saith one of better Judgment then he that I should stretch out my hand against the Lords Anointed No saith he the Lord doth not forbid it you may for these Reasons lawfully kill the King He that denies the Title to the Crown and plots the means of setting it upon anothers head may do this without any direct or immediate desiring the death of Him that wears it yet this is Treason as was adjudged in the 10 of Hen. 7 in these of Burton and in the Duke of Norfolk's Case 13 Eliz. This is a compassing of His Death for there can no more be two Kings in one Kingdom then two Suns in the Firmament he that conceives a Title counts it worth venturing
France was in subjection to the Crown of England there were at the beginning of the Parliaments Receivers and Tryers of Petitions for those parts appointed I believe your Lordships will have no Case shewed of any Plea to the Jurisdiction of the Parliaments of England in any things done in any parts wheresoever in subjection to the Crown of England The last thing I shall offer to your Lordships is the Case of 19 Eliz. in my Lord Dyer 306. and Judge Crompton's Book of the Jurisdiction of Courts fol. 23. The opinion of both these Books is That an Irish Peer is not Tryable here it 's true a Scotch or French Nobleman is Tryable here as a common person the Law takes no notice of their Nobility because those Countreys are not governed by the Laws of England but Ireland being governed by the same Laws the Peers there are Tryable according to the Law of England only per pares By the same reason the Earl of Strafford not being a Peer of Ireland is not tryable by the Peers of Ireland so that if he be not tryable here he is tryable no where My Lords In case there be a Treason and a Traytor within the Statute and that he be not tryable here for it in the ordinary way of Judicature if that jurisdiction fail this by way of Bill doth not Attainders of Treason in Parliament are as legal as usual by Act of Parliament as by Judgment I have now done with the Statutes 25 Edw. 3. and 18 Hen. 6 My Lord of Strafford hath offended against both the Kingdoms and is guilty of High-Treason by the Laws of both My Lords In the fifth place I am come to the Treasons at the Common-Law the endeavouring to subvert the Fundamental Laws and Government of the Kingdom and to introduce an Arbitrary and Tyrannical Government In this I shall not at all labour to prove That the endeavouring by Words Counsels and Actions to subvert the Laws is Treason at the Common-Law if there be any Common-Law Treasons at all left nothing is Treason if this be not to make a Kingdom no Kingdom take the Polity and Government away England is but a piece of Earth wherein so many men have their Commorancy and abode without ranks or distinction of men without property in any thing further than possession no Law to punish the Murthering or robbing one another That of 33 Hen. 8. of introducing the Imperial Law sticks not with your Lordships it was in case of an Appeal to Rome these Appeals in Cases of Marriages and other causes counted Ecclesiastical had been frequent had in most Kings Reigns been tolerated some in times of Popery put a conscience upon them the Statutes had limited the penalty to a Praemunire only neither was that a total subversion only an Appeal from the Ecclesiastical Court here in a single Cause to the Court of Rome and if Treason or not that Case proves not a Treason may be punished as a Felony a Felony as a Trespass if his Majesty so please The greater includes the less in the Case of Praemunire in the Irish Reports that which is there declared to be Treason was proceeded upon only as a Praemunire The things most considerable in this is Whether the Treasons at Common-Law are taken away by the Statute of 25 Edw. 3. which is to speak against both the direct words and scope of that Statute In it there 's this clause That because many other like Cases of Treason might fall out which are not there declared therefore it is enacted That if any such Case come before the Judges they shall not proceed to Judgment till the Case be declared in Parliament whether it ought to be adjudged Treason or not These words and the whole scope of that Statute shews that it was not the meaning to take away any Treasons that were so before but only to regulate the Jurisdiction and manner of Tryal Those that were single and certain Acts as conspiring the Kings Death Levying War Counterfeiting the Money or Great-Seal Killing a Judge these are left to the ordinary Courts of Justice The others not depending upon single Acts but upon constructions and necessary Inferences they thought it not fit to give the inferior Courts so great a latitude here as too dangerous to the Subject those they restrained to the Parliament This Statute was the great security of the Subjects made with such wisdom as all the succeeding Ages have approved it it hath often passed through the Furnace but like Gold hath left little or nothing The Statute of the First H. 4. Cap. 10. is in these words Whereas in the Parliament held the 21 year of Richard the 2. divers pains of Treason were ordained insomuch that no man did know how to behave himself to do say or speak It is accorded that in no time to come any Treason be adjudged otherwise than it was ordained by the Statute of 25th of Edw. 3. It hath been said To what end is this Statute made if it takes not away the Common-Law Treasons remaining after the Statute of the 25th of Edw. 3 There be two main things which this Statute doth First it takes away for the future all the Treasons made by any Statute since 25 Edw. 3. to the 1 H. 4. even to that time for in respect that by another Act in that Parliament the Statute of 21 Rich. 2. was repealed it will not be denyed but that this Statute repeals more Treasons than these of the 21 R. 2. It repeals all Statute-Treasons but those in 25 Edw. 3. Secondly It not only takes away the Statute-Treasons but likewise the declared Treasons in Parliament after the 25th of Edw. 3. as to the future after Declaration in Parliament the inferior Courts might judge these Treasons for the Declaration of a Treason in Parliament after it was made was sent to the inferior Courts that toties quoties the like Case fell out they might proceed therein the Subject for the future was secured against these so that this Statute was of great use But by the very words of it I shall refer all Treasons to the provision of 25 Edw. 3. it leaves that entire and upon the old bottom The Statute of 1 Queen Mary Cap. 1. saith That no offences made Treason by any Act of Parliament shall thenceforth be taken or adjudged to be Treason but only such as be declared and expressed to be Treason by the Statute of 25 Edw. 3. Concerning Treason or Declarat on of Treason and no others And further provides That no pains of Death penalties or forfeiture in any wise shall ensue for Committing any Treason other than such as be in the Statute of 25 Edw. 3. ordained and provided any Act of Parliament or any Declaration or matter to the contrary in any wise notwithstanding By the first of this Statute only offences made Treason by Act of Parliament are taken away the Common-Law-Treasons are no ways touched the words And no others
Members and Assistants of this House as they shall nominate may be Examined Whereupon it was Ordered That this House will joyn with the House of Commons in this Message Ordered That the same deputed Lords do take the Examination of Witnesses upon Oath in the Cause concerning the Arch-Bishop of Canterbury as were deputed in the Earl of Strafford 's and the same Oath to be Administred and the same Course to be observed in the rest of the Particulars Ordered That the now Earl of Bedford shall be added to the Deputed Lords in his Father's room and Mr. Attorney General and Mr. Serjeant Glanvile are appointed to write down the Examinations This afternoon A standing Order of the House it being a considerable time before there were Forty Members to make a House it was Ordered That so soon as the House Sits and that the Serjeant comes to any Committee then Sitting to signifie to them that the House is Sitting that the Chair-man shall immediately come away to attend the Service of the House Ordered That the Committee for the Bishop of Bath and Wells sit to morrow in the Afternoon at Two of the Clock in the Dutchy Chamber The Case of one Mr. Smith a Minister Votes in the Case of Mr. Smith a suspended Minister formerly suspended by Sir John Lamb being reported to the House it was Resolved c. That Mr. Smith was illegally suspended by Sir John Lamb and that Sir John Lamb ought to give him reparation and satisfaction for his damages sustain'd by that Suspension Mr. Hide reports the Articles against Sir John Bramston Knight Mr. Hide Reports the Articles against Lord Chief Justice Bramston The Controversy between the Lord Major and Commonalty of London about Election of one Sheriff heard Lord Chief Justice of the King's-Bench All which being singly Voted together with the Title were ordered to be ingrossed in order to their being carried up to the Lords Upon the opening of the Cause between the Lord Mayor and Aldermen and the Commonalty of London concerning the Election of one of the Sheriffs which formerly hath been chosen by the Lord Mayor and presented to the Commonalty on Midsummer-day for their Confirmation and likewise the differences concerning the Nomination and Election of other Officers now in question between the said Lord Mayor and the Commonalty the Lord Mayor alledging the said Sheriff and Officers to be Nominated and Confirmed by him according to the constant practice of the said City for 300 years last past without any contradiction or gain-saying But the Commonalty alledging on the behalf of the Commons that they had interest in the said Nomination and Elections It was thereupon Ordered by the Lords in Parliament That the said Lord Mayor shall call a Common-Hall on Friday 2 July 1641. Which Common-Hall is to consist of the Masters and Wardens and Livery-men of the several Companies of London and no other And that the Commonalty are then to Assemble in a peaceable and quiet manner to settle and compose the Dfferences between the said Lord Mayor and themselves if they can if not then to make choice of Six discreet persons of the said Commonalty to treat and debate this business between them and settle and compose all differences among themselves between this and Friday come seven-night being the Ninth of July 1641. But in case the said Differences cannot be composed then the pleasure of the House is that the said Cause shall be heard in open House at the Bar on the said Ninth of July And that in the mean time the said Persons so chosen as aforesaid shall have free liberty by themselves their Council and others that they shall employ to View and Transcribe such and so much of the Charters of the said City Acts of Common Council Books of Entries of Elections and Accompts and all such other Acts and Records as shall or may concernt the said Causes in Question and that all Clerks and others in whose Custody the said Instruments are shall be assisting to the said Searchers And lastly that if the Cause shall come before the Lords in Parliament that then the said six Persons so chosen as aforesaid shall attend the same before their Lordships Thus Early did the Faction grasp at every thing of Power and Authority and the Common-Halls indeavouring to divert the Lord Mayor of his Priviledges was but a fore-runner that the House of Commons would do the same and set up the Popular Authority above that of their Soveraign Lord the King of whom the Lord Mayor was the immediate Representative Then the Earl of Bristol Reported to the House The Earl of Bristol's Report of the Scots Commissioners Answer about the staying the Kings Journey June 29. 1641. That the Lords Commissioners had met with the Commissioners of Scotland and delivered unto them the Paper concerning the time of his Majesties Journey into Scotland Which was read in haec verba Viz. His Majesty hath Commanded us to let you know That whereas he hath been Petitioned by both Houses of Parliament for some stay of his Journey to Scotland until the Armies be Disbanded and that divers other things for the Peace and Good of this Kingdom be setled And whereas his Majesty doth acknowledg himself ingaged by his Promise and by his Letters as likewise by his late Proclamation declaring his Resolution to be present at the Holding of the Parliament in Scotland at the day in the Proclamation limited his Majesty being desirous to give Satisfaction to the Parliaments of both Kingdoms hath Commanded Us to declare unto you the Desire of the Parliament of England and to Treat with you how his Going may be best Fitted and Accommodated to the Convenience of both Kingdoms and the Desire of both Parliaments Then was read the Scottish Commissioners Answer hereunto which follows We do with all Thankfulness acknowledg his Majesties Royal and Tender Care of Settling the Affairs of his Ancient and Native Kingdome of Scotland and the Constancy of his Resolution according to his Royal Promise and Proclamation to be present at the Day appointed Our Affection also toward the Settling of the Affairs of England and the Desires of the Houses of Parliament that his Majesties Journey to Scotland may be stayed for some time to that Effect do so far prevail with us that we shall deal most Earnestly with the Parliament of Scotland That they Adjourn their Meeting till the 5th of August or if they shall find that a new Adjournment of the Parliament after so many Prorogations be so prejudicial to the present Condition of the Affairs of that Kingdom that it cannot be granted We will Endeavour That they may in their Meetings be only Exercised in preparing Matters for the Parliament and that they determine nothing nor make any Act till the day Designed for his Majesties coming But withall we must signifie That the present Constitution of that Kingdom for want of Councel Session and other Courts of
Indictments where the Matter in Issue being that the said Brook refused to Administer the said Sacrament because the said Ingram and Carter would not receive Tickets with their Sur-Names before their Christen-Names which was a Course never used amongst them but by the said Brook He the said Sir Robert Berkley did then much discourage the said Ingram's Councel and over-rule the Cause for matter of Law so as the Jury never went from the Bar but there found for the said Brook And the said Sir Robert Berkley bound the said Ingram to the good Behaviour for the prosecuting the said Indictments and ordered him to pay Costs to the said Brook for wrongfully inditing him And whereas the said Carter not expecting the Tryal at the same Assizes he preferred his Indictment was then absent whereupon the said Sir Robert Berkley did cause to be entred upon the said Indictment a vacat quia non sufficiens in lege and ordered an Attachment against the said Carter which said proceedings against the said Ingram and Carter by the said Sir Robert Berkley were contrary to Law and Justice and to his own knowledge 10. That the said Sir Robert Berkley being one of the Justices of the Court of Kings-Bench and duly sworn as aforesaid in Trinity Term 1637. deferred to discharge or bail Alexander Jenings Prisoner in the Fleet brought by Habeas Corpus to the Bar of the said Court the return of his Commitment being that he was committed by two several Warrants from the Lords of the Councel dated the fifth of November 1636. The first being only read in Court expressing no cause the other for not paying Messengers Fees and until he should bring a Certificate that he had paid his Assessment for Ship-Money in the County of Bucks but remitted him And in Michaelmas Term after the said Jenings being brought by another Habeas Corpus before him as aforesaid and the same returned yet he the said Sir Robert Berkley refused to discharge or bail him but remitted him And in Easter Term after several Rules were given for His Majesties Councel to shew Cause why the said Jenings should not be Bailed a fourth Rule was made for the said Jenings to let His Majesties Attorney General have notice thereof and notice was given accordingly and the said Jenings by another Habeas Corpus brought to the Bar in Trinity Term after and the same return with this addition of a new Commitment of the Fourth of May suggesting he the said Jenings had used divers scandalous Words in derogation and disparagement of His Majesties Government He the said Jenings after several Rules in the end of the said Trinity Term was again remitted to Prison And he the said Sir Robert Berkley did on the fifth of June last defer to grant His Majesties Writs of Habeas Corpus for William Pargiter and Samuel Danvers Esquires Prisoners in the Gate-House and in the Fleet And afterwards having granted the said Writ of Habeas Corpus the said Pargiter and Danvers were on the eighth of June last brought to the Bar of the said Court where the Returns of their Commitments were several Warrants from the Lords of the Councel not expressing any Cause yet he the said Sir Robert Berkley then sitting in the said Court deferred to Bail the said Pargiter and Danvers and the eighteenth of June last made a Rule for a new return to be received which were returned the 25th of June last in haec verba Whereas His Majesty finding that his Subjects of Scotland have in Rebellious and Hostile manner Assembled themselves together and intend not only to shake off their Obedience unto His Majesty but also as Enemies to invade and infest this His Kingdom of England to the danger of his Royal Person c. For prevention whereof His Majesty hath by the Advice of his Councel-Board given special Commandment to all the Lord-Lieutenants of the Counties of this Realm appointed for their Rendezvouz in their several and respective Counties there to be conducted and drawn together into a Body for this Service And whereas His Majesty according to the Laws and Statutes of this Realm and the constant Custom of his Predecessors Kings and Queens of this Realm hath Power for the defence of this Kingdom and resisting the force of the Enemies thereof to grant forth Commissions under His Great Seal to such fit Persons as he shall make choice of to Array and Arm the Subjects of this Kingdom and to compel those who are of able Body and of able Estates to arm themselves and such as should not be of able Bodies but of Ability in Estate to Assess them according to their Estates to contribute towards the Charge of arraying others being able of Body and not able in Estate to arm themselves And such Persons as should be contrariant to commit to Prison there to remain untill the King should take further Order therein And whereas the Earl of Exeter by vertue of His Majesties Commission to him directed for the Arraying and Arming of a certain number of Persons in the County of Northampton hath assest William Pargiter being a Man unfit of Body for that Service but being of Estate and Ability to contribute amongst others to pay the Sum of five Shillings towards the arraying and arming of others of able Bodies and wanting Ability to Array and Arm themselves And whereas we have received Information from the said Earl that the said William Pargiter hath not only in a wilful and disobedient Manner refused to pay the said Money assessed upon him towards so important a Service to the disturbance and hindrance of the necessary defence of this Kingdom but also by his ill example hath mis-led many others and as we have just cause to believe hath practiced to seduce others from that ready obedience which they owe and would otherwise have yielded to His Majesties just command for the publick defence of His person and Kingdom which we purpose with all convenient speed to enquire further of and examin These are therefore to will and require you to take into your Custody the Persons of the said William Pargiter and Samuel Danvers and them safely to keep Prisoners till further order from this Board or until by due course of Law they shall be delivered Yet he the said Sir Robert Berkley being desired to Bail the said Pargiter and Danvers remitted them where they remained Prisoners till the Ninth of November last or thereabouts although the said Jenings Pargiter and Danvers on all and every the said returns were clearly Bailable by Law and the Council of the said Jenings Pargiter and Danvers offered in Court very sufficient Bail And he the said Sir Robert Berkley being one of the Justices of the Court of the Kings Bench denied to grant his Majesties Writs of Habeas Corpus to very many others his Majesties Subjects and when he had granted the said Writs of Habeas Corpus to very many others his Majesties Subjects and on the return
be made acquainted by the Lords of the Council why they Committed and therefore Remitted him And in Michaelmass Term after the said Jenings being brought by another Habeas Corpus as aforesaid and the same returned yet he the said Sir John Brampston refused to Discharge or Bail him but remitted him And in Easter Term next after several Rules for His Majesties Council to shew cause why he the said Jenings should not be Bailed a fourth Rule made for the said Jenings to let His Majesties Attorney have notice which notice was given accordingly yet he remitted him And the said Jenings by another Habeas Corpus brought to the Barr as aforesaid in Trinity Term after and the same return with the addition of a new Commitment of the fourth of May 1638. suggested that he the said Jenings had used divers scandalous words in derogation and disparagement of his Majesties Government After several Rules in the end of the said Trinity Term he again remitted him to Prison And he the said Sir John Brampston about the ninth of July after at his Chamber in Serjeants-Inn being desired by Mr. Meawtis one of the Clerks of the Council-Board to discharge the said Jenings for that he the said Jenings had entred into a Bond of 1000 l. to appear before the Lords of the Council the next Michaelmas Term after and to attend de die in diem yet the said Sir John Brampston refused to discharge the said Jenings until he entred into Recognisance to appear the next Term and in the mean time to be of his good behaviour And the said Jenings was continued on his said Recognisance till Easter Term after And the said Sir John Brampston did on the fifth of June 1640. deferr to grant His Majesties Writ of Habeas Corpus for Samuel Danvers and William Pargiter Esquires Prisoners in the Gate-House and in the Fleet and when he had granted the said Writ the said eighth Day of June after the return being the Order of the Council-Table not expressing any cause he the said Sir John Brampston deferred to Bail the said Pargiter And the eighteenth of June after made a Rule for a new return to be received which was returned the five and twentieth of the said June in haec verba Whereas His Majesty finding that His Subjects of Scotland have in Rebellious and Hostile manner Assembled themselves together and intend not only to shake off their obedience unto His Majesty but also as Enemies to Invade and Infest this His Kingdom of England to the danger of His Royal Person c. For prevention whereof His Majesty hath by the Advice of His Council-Board given special Commandment to all the Lord Lieutenants of all the Counties of this Realm with expedition to Arm and Array a certain number of able Men in each County to be prepared ready to be conducted to such places as should be appointed for their Rendezvouz in their several and respective Counties there to be conducted and drawn together in a Body for this Service And whereas His Majesty according to the Laws and Statutes of this Realm and the constant Custom of His Predecessors Kings and Queens of this Realm hath Power for the defence of this Kingdom and resisting the Force of the Enemies thereof to grant forth Commissions under His great Seal to such fit Persons as he shall make choice of to Array and Arm the Subjects of this Kingdom and to compel those who are of able Body and of able Estates to Arm themselves and such as should not be able of Bodies but of Ability in Estate to Assess them according to their Estates to contribute towards the charge of Arraying and Arming others able of Body and not being able in Estate to Arm themselves And such Persons as should be contrariant to commit to Prison there to remain untill the King should take further order therein And whereas the Earl of Exceter by vertue of His Majesties Commission to him directed for the Arraying and Arming of a certain number of Persons in the County of Northampton hath assest William Pargiter being a Man unfit of Body for that Service but being of Estate and Ability fit to contribute amongst others to pay the Summ of five Shillings towards the Arraying and Arming of others of able Bodies and wanting Ability to Array themselves And whereas we have received Information from the said Earl that the said William Pargiter hath not only in a willful and disobedient manner refused to pay the said Money assessed upon him towards so Important a Service to the disturbance and hinderance of the necessary defence of this Kingdom but also by His ill example hath misled many others and as we have just cause to believe hath practised to seduce others from that ready obedience which they owe and would otherwise have yielded to His Majesties just command for the publick defence of His Person and Kingdom which we purpose with all convenient speed to enquire further of and examin These are therefore to will and require you to take into your Custody the Person of the said William Pargiter and him safely to keep Prisoner till further Order from this Board or untill by due Course of Law he shall be delivered And the like return was then made in all things mutatis mutandis concerning the said Danvers for not paying a Summ of Money assessed upon him Yet he the said Sir John Brampston deferred to Bail the said Danvers and Pargiter but remitted the said Danvers to the Fleet where he remained till the 12 of July 1640. and the said Pargiter to the Gate-House where he remained till the Ninth of November last although the said Jenings Danvers and Pargiter upon all and every the said Returns ought to have been discharged or bailed by Law and the Councel of the said Jenings Danvers and Pargiter offered in Court very sufficient Bail And he the said Sir John Brampston being Chief Justice of the Court of Kings-Bench denyed to grant His Majesties Writ of Habeas Corpus to very many other His Majesties Subjects and when he had granted the said Writs of Habeas Corpus to very many others His Majesties Subjects and on the return no Cause appeared or such Cause only as was clearly bailable by Law yet he remanded them where they remained Prisoners very long which said deferring to grant the said Writs of Habeas Corpus and refusals and delays to discharge Prisoners or suffer them to be Bailed contained in this Article are destructive to the Fundamental Laws of this Realm and contrary to former resolutions in Parliament and to the Petition of Right which said Resolutions and Petition of Right were well known to him the said Sir John Brampston 4. That whereas there was a Cause depending in the Court Christian at Norwich between Samuel Booty Clerk and Collard for two Shillings in the Pound for Tythes for Rents of Houses in Norwich and the said Collard moved by his Councel in the Court of Kings-Bench
present Month Letter to the Lord General for the Scots to March over Barwick Bridge concerning the Passage of the Scots over Barwick Bridge and have acquainted the Lords with the same they have Commanded me to signifie unto your Lordship That since it is a Resolution taken by both Houses and consented to by them they see no Cause to alter it or to give an Occasion to the Scots to hinder their March as is agreed and concluded on by the Treaty here and therefore they adhere to their first Order to your Lordship for their Passage over Barwick Bridge and do require your Lordship to obey the Order of the Houses only for the Manner and Onder they recommend it to your Lordships Care and Directions that it may be speedy and with Safety God have your Lordship in his Keeping Your c. His Majesty was now Safely Arrived in Scotland Monday Aug. 19. purposing with all Application imaginable to Settle and Quiet the Minds of his Subjects of that Kingdom in hopes that it might conduce very much to the Composure of the Affairs of England and for this purpose at his first appearance in the Parliament of Scotland being Thursday August 19th he made this following Speech My Lords and Gentlemen THere hath nothing been so displeasing to Me as those Vnlucky Differences which have happened between Me and My People His Majesties Speech to the Parliament of Scotland Aug. 19. 1641. and nothing that I have more desired than to see this Day wherein I hope not only to settle these Vnhappy Mistakings but rightly to know and to be known of My Native Countrey I need not tell you for I think it is well known to most what Difficulties I have passed through and overcome to be here at this present Yet this I will say If Love to My Native Countrey had not been a chief Motive to this Journey other respects might easily have found a shift to do that by a Commission which I am come to perform My Self And this considered I cannot doubt of such real Testimonies of your Affections for the maintenance of that Royal Power which I enjoy after an Hundred and eight Descents and which you have professed to maintain and to which your own National Oath doth oblige you that I shall not think any Pains ill bestowed Now the End of My Coming is shortly this to perfect whatsoever I have promised and withal to quiet the Distractions which have and may fall out amongst you And this I mind not superficially but fully and chearfully to perform For I assure you That I can do nothing with more chearfulness then to give My People a general Satisfaction Wherefore not offering to Endear My Self unto you in Words which indeed is not My way I desire in the first place to Settle that which concerns the Religion and Just Liberties of this My Native Countrey before I proceed to any other Act. Information of Arms in the Marquess of Winton's House at Basing-Stoke In the House of Commons one Mr. Sewer did this day give Information that he did see on Monday was seven-Night a great many Arms in the Marquiss of Winchester's House at Basingstoke a Recusant and that the Keepers of them told him there were Arms for a thousand five hundred Men. One Welsh an Irish Priest was ordered to be sent for and if he refused to come to be taken into Custody by the Serjeant It was also Ordered Order about disbanding That Mr. Arthur Goodwin Mr. Hotham and Sir Henry Anderson shall go into the North about disbanding the Army to whom Mr. Scowen was afterwards added by a Vote of the House The Copy of the Commission to be sent for his Majesty to Sign for the Commissioners to impower them to go into and Act in Scotland was also read which was as follows Commission for the Commissioners that are to go to Scotland CHARLES by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. To Our Trusty and right well Beloved William Earl of Bedford and to Our trusty and right well Beloved Edward Lord Howard and also to Our trusty and well Beloved Nathaniel Fiennes Esquire Sir William Armyn Baronet Sir Ph ilip Stapleton Knight and John Hambden Esquire Greeting Know Ye that We reposing special Trust and Confidence in your approved Fidelity Wisdom and Discretions have Nominated and Appointed you to be Our Commissioners and by these said Presents give unto you or any three or more of you full Power and Authority to go into Our Kingdom of Scotland and there to Treat Confer and Concluds with such of Our Commissioners as shall be Named and Authorized in Our Parliament of Scotland according to the Instructions hereunto Annered And you or any three or more of you are likewise to Observe and Pursue all such further Instructions as you or any three or more of you as aforesaid shall from time to time receive from the Lords and Commons Assembled in Our Parliament of England with Our Consent and Approbation Signified under Our Royal Hand In Witness c. The House took into Consideration the Case of Mr. Votes about Mr. Cooper suspended by Dr. Rone and Sir John Lamb. Cooper Rector of Alton in Com. Huntington and it was Resolved c. That the Suspension of Mr. Cooper Rector of Alton in Com. Huntington for not reading the Book of Recreations is illegal Resolved c. That Doctor Rone and Sir John Lamb ought to give him Reparation for his Damages sustained and that his Suspension be taken off Post Meridiem Mr. Pym Reports the Order agreed upon by both Houses for the Disbanding in haec verba WHereas it was Ordered by the Lords and Commons in Parliament August 7. 1641. Order of both Houses for disbanding the Army That the Horse Troops of the King's Army be forthwith Disbanded whereunto his Majesty gave his Corsent and signified his gracious Pleasure to have it effected accordingly all which was certified to the Earl of Holland General of his Majesties Army by two several Letters from the Speakers of both Houses respectively and withal a Copy of the same sent unto him We understand by a Letter from the Lord General that none of the Horse are yet disbanded nor intended to be disbanded until the 24th of this Month and that it is propounded that some of the Foot shall then be disbanded before the rest of the Horse now both the Houses of Parliament expecting that this Order should have been performed accordingly do hereby expresly Order that the Lord General all further Delays and Excuses set apart shall forthwith disband all the Horse Troops of the Army before any of the Foot and commanded them and all the Officers of the said Horse Troops to depart from the Army which they do hereby declare to be a Matter of great Importance to the good of the Common-Wealth and therefore they do expect a quick and ready Obedience thereunto
inconstancy in him but it was certainly out of a true and peculiar understanding his power The present State of Christendom is apparent That the House of Austria begins to diminish as in Spain so consequently in Germany That the French do swell and enlarge themselves if they grow and hold they will be to us but Spain nearer hand Alliances do serve well to make up a present Breach or mutually to strengthen those States who have the same ends but politick Bodies have no Natural affections they are guided by particular interest and beyond that are not to be trusted Although it may be good Policy to breed a Militia at the charge of other States abroad for our own use and occasions at home yet that ought rather to be done amongst Friends of the same way and so the Low-Countries have been an Academy to us His Majesty hath now an Ambassador Treating with the Emperor about the Palatinate If we send away our Men it will so damp and discountenance the affairs of the Prince Elector as the World will believe we never had nor ever shall have any intentions to assist him at all I have observed for divers years That England is not so well Peopled but we do want Work-folks to bring in Harvest our Disbanded Soldiers will least dislike that kind of Work and if they be speedily Dissolved that employment will entertain them for the present and inure them to labour for hereafter Upon these considerations Mr. Speaker I cannot give my advice to add more strength to France by weakning both our selves and our Friends As for sending the Irish into Spain truly Sir I have been long of Opinion that it was never fit to suffer the Irish to be promiscuously made Soldiers abroad because it may make them abler to trouble the State when they come Home Their intelligence and practice with the Princes whom they shall serve may prove dangerous to that Kingdom They may more profitably be employed upon Husbandry whereof that Kingdom hath great need Besides it will be exceeding prejudicial to us and to our Religion if the Spaniard should prevail against the Portuguez It were better for us he should be broken into lesser Pieces his Power shivered If the King of Portugal had desired these Irish I should rather have given my Vote for him then for the King of Spain because it will keep the Ballance more even Spain hath had too much of our Assistance and Connivence heretofore I am sure it lost us the Palatinate Now that it is come to our turn to advise I hope we shall not do over other mens faults again If the present Government of Ireland be not able to restrain their disordered People there is a Noble Lord already designed to that Charge who by his knowledge in Martial Affairs and other his great Abilities will be no doubt abundantly capable to reduce them to a due obedience Wherefore Mr. Speaker upon the whole matter My Opinion is that we should not be forward to spend our Men but rather to preserve and husband them for our own use and employments for our Friends for our Religion Whether the Close of this Speech did not cast an Ominous Aspect upon the succeeding Actions of this Parliament what ever the Speaker meant let the Reader judge However there is no doubt but this Prohibiting the Irish Army to pass into the Service of the King of Spain had a most direful Influence upon all the following Miseries which befell these Kingdoms After which the House came to these Votes Resolved upon the Question That this House holds it not fit nor gives Assent that there should be any levies of Men in Ireland for the service of the King of Spain Resolved c. That this House thinks it not fit nor gives Assent that there should be any levies of Men in any of his Majesties Dominions for the French King's Service Upon this a Conference was desired with the Lords which was to this Effect Conference about Soldiers for Forreign Ambassadors That the Spanish Ambassador formerly did move the King that he might have leave to Levy and Transport four Regiments of Soldiers in Ireland for the Service of the King of Spain his Majesty was pleased to declare that he would do nothing herein without the Advice of both Houses of Parliament and since they understand his Majesty hath been informed that the Parliament did Assent to the Levying and Transporting of the said Soldiers to the end that it may appear that the House of Commons are far from giving their Assent therein they have resolved and declared that they hold it not fit nor give Assent that there be any Levies of Men in Ireland for the Service of the King of Spain and hold it fit that there be a suddain stop made of the Ships contracted for by the Spanish Ambassador for the Transporting of the Soldiers out of Ireland And further they hold it not fit nor give Assent that there should be any Levies of Men for the French King's Service within any of his Majesties Dominions for that they know not what Vse this Kingdom may have of Men. Upon which the Lords having debated the Matter passed the same Votes with the Commons and further Ordered Sir John Pennington should stay all the Ships in the Downes which were hired by the Spanish Ambassador to transport these Men as also to stop such Ships as were riding in the River of Thames till the further pleasure of the House be known An Order was also sent to the Lord Newport Constable of the Tower to tender the Protestation to all such Persons as he takes into the Tower for the Guard and Defence of it and if any of them refuse not to admit them to be of the Guard A further Order was this Day pass'd both Houses Monday August 30. concerning the Thanksgiving for the Pacification the Scots it seems being not content after having invaded England in a Hostile manner put the Nation to above a Million of Mony through the Interest they had in the Presbyterian Faction to purchase a Peace even upon their own Conditions unless they might be publickly declared Loyal and Faithful Subjects to such hard Terms did the Obstinate Faction drive his Majesty even while they made him all the Protestations of Humility Duty Loyalty and Allegiance which certainly to a great Monarch who by Proclamation had justly stiled them Rebels and had lead an Army against them was a severe Request not to call it an Imposition and which none but Presbyterians or their Off-Spring would have attempted but such was the Fury and Violence of the Current that there was no stopping or stemming of it and his Majesty found himself under such hard Circumstances and Difficulties that he was even compelled to yield to this most extravagant Request See here the Order WHereas according to the Act of this present Parliament for Confirmation of the Treaty of Pacification An Order to declare the Scots
c. Next the Bishop of Linclon reported that at the same Conference Mr. Nichols that was sent into Scotland to his Majesty from both Houses reported That he had delivered the Petition and the Draught of the Commission to his Majesty but his Majesty thought not fit to sign it for these Reasons which he commanded him to signify to the Parliament 1 That his Majesty conceives the Treaty of Pacification The King's Reasons for not signing the Commission sent into Scotland by Mr. Nichols from both Houses between the two Kingdoms is already ratified by the Parliament of Scotland 2 If this Commission should be granted it would beget new Matter 3 It would be a means to keep his Majesty longer there then he intended to stay 4 That the Scots Army is over the Tweed and that the Lord General hath almost Disbanded all Our Army and hath begun with the House A Letter from the Lord General was read declaring Contents of a Letter from the Lord General That he will pursue the Orders of Parliament in disbanding the Army but he understands that the Scots will keep 5000 Men undisbanded until our Army be all disbanded and our Fortifications at Barwick and Carlisle slighted and that to this purpose he had received Directions from his Majesty to demolish the Fortifications and remove the Ordnance and Munition from thence The Bishop of Lincoln Reported the Conference with the Commons concerning Disarming Recusants to this Effect THat the House of Commons had taken into consideration the Store of Arms in this Kingdom and they find The Conference about disarming Recusants Aug. 30. 1641. that there are many Arms in the hands of Popish Recusants for disarming of whom the House of Commons have frequently recommended to this House the disarming of them according to the Stat. of 3 Jac. but they have found that the good came not by this Statute as was intended for upon Indictments for Recusancy there were Certioraris's granted Therefore the House of Commons have taken these things into consideration again and the rather because of the Kings absence at this time in Scotland and that the time of the Recess draws nigh and considering the late Troubles of this Kingdom whch are not yet settled the House of Commons have considered of an Ordnance of Parliament and some Instructions to be given unto such Commissioners as they have named to see to the disarming of Popish Recusants according to the Statute of 3 Jacobi which Ordinance and Instruction they present to their Lordships desiring them to joyn with them herein Then the aforesaid Ordinance and Instructions were read in haec verba An Ordinance made and agreed by the Lords and Commons in Parliament for the speedy disarming of Popish Recusants and other dangerous Persons The Ordinance of Parliament for Disarming Recusants WHereas for the preventing and avoiding of dangers that might grow by Popish Recusants Provision hath been heretofore made by Act of Parliament for the disarming of all Popish Recusants convicted within this Realm which said Law hath not taken so good effect as was intended by Reason such Recusants and Persons Popishly affected have by subtle practices and indirect means kept themselves from being convicted or being outwardly conformable have caused or suffered their Children Grand-children and Servants to be bred up and maintained up in the Popish Religion and have otherways hindred the due Execution of the said Law to the great danger and grievance of the Common-wealth And for that it is too manifest that the said Popish Recusants have always had and still have and do practise most dangerous and pernicious designs against the Church and State and by the Laws of this Realm in times of imminent danger or of any forcible Attempts Designs or Practises against the Peace and Safety thereof all Armor Weapons and other Provisions that may tend or be imployed to the effecting of such mischievous Designs ought timely to be removed and taken away and all fit means used for the securing of the Peace and safety of the Realm And for the preventing of such further mischiefs as may happen by any Outrage or Violence to be offered It is therefore Ordained and Provided by the Lords and Commons in this present Parliament Assembled That all such Arms Gun-powder and Munition of what kind soever as any Popish Recusant convicted or any Person or other which is or shall be Indicted for such Recusancy and such Indictments either are or shall be removed by Certiorari or being not removed shall not by Appearance and Traverse or otherwise be Legally discharged before this Ordinance be put in execution or which shall not have repaired to Church more then once in every Month or shall not have received the Holy Communion according to the Rites of the Church of England within one whole year next before the making hereof and which shall refuse to take the Oaths of Supremacy or Allegiance upon Lawful Tender thereof made or whose Children or Grand-children or any of them being at his or her dispose or living in the House with them is or shall be bred up in the Popish Religion or have not repaired to Church within one year next before the making of this Ordinance according to the Laws and Statutes of this Realm or whose Houshold Servants or any two or more of them is or shall be of the Popish Religion hath or shall have in his and their House or Houses or elsewhere or in the hands and possession of any other to his or their use or at his or their disposition other then such necessary Weapons as shall be thought fit by the Persons Authorized to take and Seize the said Munition to remain and be allowed Arms for the defence of the Person or House of such Recusant or Person aforesaid shall forthwith be taken from every such Popish Recusant or Person as aforesaid and from all others which shall have the same to the use of any such Popish Recusant or Person by such Person and Persons as are and shall be by this Ordinance appointed and authorized in that behalf for every Shire County and Riding within this Realm and Dominion of Wales that is to say For the County of Bedford Sir Oliver Luke Sir Beuchamp St. John Sir Roger Burgoigne Knight For the County of Lancaster John Moor Alexander Rigby Esquire Members of the House of Commons and the two Knights that Serve for that County For Cheshire Sir William Brereton Baronet Peter Vennables Esquire For the City of Chester Francis Gamull Esquire the Major for the time being For the County of Stafford Sir Edward Littleton and Sir Richard Levison For the County of Derby Sir John Curson William Allestre Esquire For the County of Nottingham Sir Thomas Hutchinson Robert Sutton Esquire For the Town and County of Nottingham Sir Thomas Hutchinson Robert Sutton Esquire and the Major for the time being For the County of Lincoln Thomas Hatcher Thomas Grantham and John Broxholm Esquires
of the Peace of each several County Shire or Riding within England or Wales and also the Majors Bailiffs Justices of the Peace Jurats or other Head-Officers of or within any Town Corporate or Priviledged place respectively or any one or more of them together with some or one of the Persons nominated in the said Ordinance are to see the same forthwith put in Execution and shall have power to call the High Sheriff of every County and his Ministers all Constables and Tithing men and other Officers or any of them when and as oft as they shall think fit to be aiding and assisting to them from time to time within their several Limits and Jurisdictions in the due performance of this Service and to do and execute all and every such thing or things as shall be requisite and necessary in that behalf and the said Members of the said House of Commons are respectively required to see the said Ordinance forthwith put in execution II. The said Persons Authorized are to inform themselves by all convenient means and ways of all such Arms Gun-powder and Munition of what kind soever as any Popish Recusants convict or other Persons whatsoever either of the Nobility or others which is or shall be Indicted for Popish Recusants and such Indictments either removed by Certiorari or being not removed shall not by appearance and Traverse or otherwise be Legally discharged or which shall not have repaired to Church more then once in every month or shall not have received the Holy Communion according to the Rites of the Church of England within one whole year next before the making of the said Ordinance or which shall refuse to take the Oaths of Supremacy or Allegiance upon lawful tender thereof made or whose Children or Grand-children or any of them being at their dispose or in the House with them are bred up in the Popish Religion or have not repaired to Church within one whole year next before the making of the said Ordinance according to the Laws and Statutes of the Realm or whose Houshold Servants or any numbers of them are of the Popish Religion hath or have in his or her House or Houses or elsewhere or in the Hands and Possession of any other to his or her use or at his or her disposition and are to search all such places where any such Arms Gun-powder or Munition of any such Popish Recusant or other Person whose Arms by the said Ordinance is to be taken away is placed or deposited or supposed to be placed or deposited III. They are to take and Seize all such Arms Gunpowder and Munition as aforeaid in whose hands or Custody or in what place the same shall be other then such Weapons as shall be by the said Persons so Authorized thought fit to remain and be allowed to the said Recusants or other Popish Persons as aforesaid for the defence of his or her Person or Houses and shall cause the same to be placed in some City or Town Corporate or other convenient Town of the same County and there safely kept at the costs and charges of the owners thereof and the Armorer to be admitted to dress and amend the same so oft as need shall require IV. And if any such Popish Recusants or other Persons as aforesaid or any other Person or Persons which have or hath or shall have any such Arms Gun-powder or Munition in his or their hands or Possession to the use of such Recusant or other Person as aforesaid or by his her or their appointment shall conceal the said Arms Gunpowder and Munition or any part thereof or shall refuse to discover the same to the said Persons so Authorized or otherwise wilfully oppose hinder or disobey the said Persons Authorized or any of them in the execution of the said Ordinance that then every such Popish Recusant and other Person so offending shall be held a contemptuous Person and be liable to such further punishment as by the Parliament upon certificate thereof made shall be thought fit and the Persons Authorized are to certify their names accordingly They are also to make Certificates to the Parliament of all such Arms Gunpowder and Ammunition as they shall take or seize by force and vertue of the said Ordinance as also the Person and Persons whose the same were and from whom they were so taken and in what places the same are found or taken and where and in what City Town or Place and in whose custody the same shall be left or deposited and what Order they shall take concerning the same and shall likewise certify what Arms and Munition they shall leave to such Recusants or Persons as aforesaid for the defence of his or her Person or House V. They are to inquire what Popish Recusants have lately had any Arms or Munition taken away by whom and by what means and where and in whose hands the same remain and to take care that the same be safely placed and kept in such manner as aforesaid and to make Certificates thereof to the Parliament VI. To take care that the said Arms and Munition so to be Seized and taken away by force of the said Ordinance may so be placed and disposed of as there may not be too great a quantity thereof at the same time in one and the same City Town or Place but that it may be distributed and placed in several Towns and Places in such manner and proportion as shall be most conveninet for the use and safety of the Kingdom After which it was Ordered Tuesday August 31. That this House agrees and Concurs with the House of Commons in the whole Ordinance and Instructions The foresaid Ordinance and Instructions were appointed to be delivered privately to the House of Commons to be Ingrossed A Message was sent by the Lords by Dr. Exceptions taken by the Commons for the Lords sending a Message by one Person only Bennet for a Conference to let them know the Lords desired the Ordinance for disarming Recusants might be Ingrossed but the House taking notice of it that the Message came by a single Person the Commons took Exceptions at it and Mr. Hollis was sent to signifie so much and to let them know that for this time they were willing to pass it over only desiring it might not be drawn into President hereafter as also to desire that the Ordinance signed by the Speakers of both Houses might be printed and published throughout the Kingdom which was done accordingly And the Lords by another Message signified to the Commons that the Reason why they sent but one Messenger was because they had no more Assistants then present A Vote was also passed for removing the Communion Table Resolved upon the Question That this House holds it fit that the Church-Wardens of every Parish Church or Chappel do forthwith remove the Communion Table Vote for Removing the Communion Table from the East end of the Church Chappel or Chancel where they stand
certainly by the informing Sectaries who were very diligent in springing Game for the Committee and Sub-Committees for Religion the Ministers Remonstrance and for Scandalous Ministers Mr. White 's Mr. Corbet's Sir Robert Harlow's and Sir Edward Deering's Committees And then these Godly Informers must be gratified for their Petitions Informations and such like good Service to the Common-Wealth by the Imprisonment Scorn and Contempt Charges and many times utter Ruine of the truly Loyal and Orthodox Clergy of the Church of England And whoever will take the pains to Rake in that Libel of Mr. White 's called The first Century of Scandalous Malignant Priests will find that the greatest Crimes which many of the Clergy were Accused for and turned they and their Families naked to the wide World were the disobeying this Order For Bowing at the Name of Jesus Examples 33 and 43. For setting up the Name of Jesus in the Church Ex. 72.83 Preaching against Sacriledge Ex. 22. Bowing the Body in God's House Ex. 7. But to return to the House of Commons after the Voting of this Declaration they fell upon the business of the Recess and preparing Instructions for the Committee which was to Sit during the time of the Adjournment And Mr. The standing Committee during the Recess of the Parliament Pym Sir Gilbert Gerrard Sir John Franklin Sir John Culpeper Mr. Wheeler Sir Henry Mildmay Mr. Bridgman Sir Thomas Bowyer Sir Thomas Barrington Sir Edward Hales Sir William Litton Sir Richard Cave Mr. Robert Goodwin Sir Samuel Luke Mr. Wingate Sir Robert Pye Alderman Soams Alderman Pennington Captain Venn Mr. Vassal Lord Falkland Capt. Rainsborough Mr. Bence Sir Peter Wroth Sir John Holland Mr. Winwood Mr. John Goodwin Sir Thomas Dacres Mr. Morley Mr. Henry Martin Mr. Arthur Goodwin Sir John Clotworthy Mr. White Mr. Sollicitor Mr. Spurstow Mr. Laurence Whitacre Serjeant Wild Mr. Strode Sir Henry Vane Mr. Glyn Sir Symon D'Ewes Sir William Drake Mr. Beddingfield Sir Gilbert Pickering Mr. Blakston Mr. Waller were appointed to be a Committee during the Recess This Committee to meet on Saturday next in the Exchequer-Chamber at Nine of the Clock in the Fore-noon Directions for the Committee during the Recess and they are to meet every Tuesday and Saturday in every Week and at such other times as they think fit during the Recess and they or any Six of them have power to meet with the Commissioners of the Lords appointed during their Recess at such times as they shall appoint They have Power to receive open and answer such Letters as come from the Committee in Scotland according to former Instructions and Orders of this House To take Care that the Orders of this House be punctually observed concerning Disbanding the Army Train of Artillery and Garrisons and for the Issuing and sending down of Money to those purposes To Recall the Committee in Scotland if they see Cause To go on in preparation of Proceedings against the Principal of such Delinquents as are already Voted or Complained against and to report Vpon any Informations of Riots or Tumults to have Power to send to all Sheriffs Justices of Peace and other Officers to stir them unto their Duties in repressing them and to report To Examine the Entries of the Clerks Books and that the Committee may not mistake any past Actions of the House a Clerk to be left there with the Books To take Care of the Preparations for his Majesties Revenue and to take into Consideration any Accounts to his Majesty To go on in prosecution of the Consideration of a West-Indian Company To take into Consideration the Fishing upon the Coasts of England Scotland and Ireland To take into Consideration the Resolutions of the Abuses in Exchange and Transporting of Money and the Regulating of the Par between this and other Nations To prepare the Irish Laws depending to be either at the Access transmitted to the Lords or recommended to the Irish Parliament To consider about Sal Petre and Gunpowder To send for any Persons Writings and Records To prepare a Discharge for the Earl of Warwick according to those Acquittances he hath given concerning the Northern Counties After which the Speaker desired he might have leave to go into the Country during the Recess which being granted the House was Adjourned till October 20. at Eight of the Clock in the Morning Happy had it been for England had they never met again to be the Authors of the most Dismal Tragedy that ever was Acted upon the Theatre of England but Providence whose Wisdom is unsearchable had Ordained them to be a Scourge to a People Wanton with Long Peace Ease Plenty and Even Religion it self The day to which the Parliament was Adjourned being now come Wednesday Octob. 20. both Houses met And the Lords being sate in their House and divers of them observing the Palace Yard full of Armed Men it was moved That it might be known upon what Grounds and Reasons the Trained Bands of Westminster were in the Old and New Palaces assembled The Lord Chamberlain being Captain General of the South Parts of this Kingdom during the King's absence in Scotland by Command of the House signified That his Lordship received a Desire from the Committee of the House of Commons which sate during the time of the late Recess that there might be a Guard of Souldiers about the Parliament to prevent the Insolence and Affronts of Souldiers at this time about the Town and to secure the Houses against other Designs which they have reason to suspect untill the Parliament meets and gives further Order therein Hereupon it was Ordered The Parliament takes a Guard of the Trained Bands of Westminster That the Lord Chamberlain shall by virtue of this Order continue a Guard of Souldiers to guard the Parliament Houses until the further Pleasure of the Parliament be known and that the Number of the said Soldiers shall be wholly left unto the discretion and management of the said Lord Chamberlain Captain General After this the Lord Keeper informed the House That he had received a Letter from the Lord Howard in Scotland dated the 14th of October which was read The Conspiracy in Scotland declaring That upon Monday Night then last there fell out a great Interruption in the Business there by reason of an Information given to the Marquiss of Hamilton the Earl of Argyle and the Earl of Lannerick That there was a Design to seize upon their Persons that Night whereupon they removed their Lodgings and stayed in the City all Night and relation being made hereof the next day to the Parliament the Earl of Crawford Colonel Steward and Colonel Cockram were restrained and after a further Examination his Lordship will give this House a further Information The first thing that was done in the House of Commons Mr. Pym's Report of what was done during the Recess Mr. Pym Reports what was done during the Recess THE first thing we had in Charge was
the performance hereof their Pleasure is That you should continue there to wait upon his Majesty till you receive further direction or that his Majesty be pleased to come away for England Instructions of the Lords and Commons in Parliament to the Committees of both Houses now Attending his Royal Majesty in Scotland I. YOU shall acquaint his Majesty Additional Instructions to the Committee in Scotland That by your Advertisement both Houses have taken Notice of the Examinations and Confessions taken in the Parliament of Scotland concerning a malicious design affirmed to be undertaken by the Earl of Craford and others against the Persons of the Marquiss of Hamilton the Earls of Argyle and Lannerick having taken the same into Consideration they have good Cause to doubt That such ill-affected persons as would disturb the Peace of that Kingdom are not without some malicious Correspondence here which if those wicked Purposes had taken Effect in Scotland would have been ready to attempt some such mischievous Practices as might produce Distempers and Confusions in this Kingdom to the Hazard of the Publique Peace for prevention whereof they have given Order for strong Guards in the Cities of London and Westminster * The Debate about the Remonstrance of the State of the Kingdom in order to their possessing themselves of the Militia was many Weeks before in the House only this was a fair occasion for the attempt and have resolved to take into their Care the Security of the rest of the Kingdom II. You shall further declare to his most Excellent Majesty That the States of his Parliament here do hold it a matter of great Importance to this Kingdom That the Religion Liberty and Peace of Scotland be preserved according to the Treaty and Articles agreed by his Majesty and confirmed by Act of Parliament of which they are bound to be careful not only by Publique Faith in that Treaty but by their Duty which they ow to his Majesty and this Kingdom because they hold it will be a great means of preserving Religion Liberty and Peace in England Ireland and his Majesty 's other Dominions and the Union of all his Loyal Subjects in maintaining the Common good of all will be a sure Foundation of Honor Greatness and Security to his Royal Person Crown and Dignity wherefore they have resolved to Employ their Humble and Faithful Advice to his Majesty the Power and Authority of Parliament and of this Kingdom for Suppressing of all such as by any Conspiracy Practice or other Attempts shall endeavour to disturb the Peace of Scotland and to infringe the Articles and the Treaty made betwixt the Two Kingdoms III. You shall likewise inform the King That whereas Orders have been given by his Majesty with the Consent of Parliament for the Disbanding the Garrisons of Carlisle and Berwick the first whereof is already wholly disbanded and all the House and Eight Companies of Foot sent out of Berwick and only Five Companies remaining which likewise should have been disbanded at or before the 15th of this Month if they had not been stayed by his Majesties Command signified to Sir Michael Ernley Lieutenant Governor according to direction in that behalf and whereas by Order of Parliament Ships have been sent for the Transporting his Majesties Munition Ordnance and other Provisions in that Town and the Holy Island all which have been of very great Charge to the Commonwealth the Commons now Assembled in Parliament have declared That they intend to be at no further Charge for the longer stay and Entertainment of those Men or for the Demurrage of the Ships if by occasion of this direction they be kept out longer than was agreed upon Ordered That Mr. Speaker do write a Letter to Mr. Secretary Vane that in case the Committee of both Houses be come out of Scotland before the Letter and Instructions now to be sent can be delivered there unto them that then he shall he desired by this House to present the same unto his Majesty Saturday Octob. 23. Order for the Bishops impeached to have Councel This day upon the humble Request of the Bishop of Rochester on his own behalf and the rest of the Bishops which are impeached by the House of Commons before their Lordships concerning the late Canons c. It is Ordered That Mr. Serjeant Jerman Mr. Herne Mr. Chute and Mr. Hales being publiquely named in this House by the said Bishop and approved of by the House shall be assigned to be of Counsel with the Bishops that are impeached With this Proviso nevertheless That if any of the said Counsel shall upon just Cause desire to be Excused here and the House approve of the said Excuse That then he or they shall not be compelled to be of the said Bishops Councel as aforesaid The Commons being met there was a Report made of certain Troopers who had made a disturbance about a Tavern-Reckoning and the Guard in the Pallace-Yard being called to quiet them they fell upon them and cut the Drum but being taken and committed to Custody and one of them saying in Bravado That there were a thousand of them about the Town who if they were there would help them and make the Pallace too hot for the Guards they were Ordered to be sent to the Lords Bar to receive their Censure for this Misdemeanor But it struck such a fear into some of the Members of the Commons House that they immediately Voted what they had so often denied the King though his Word and Honor were engaged to the Spanish Ambassador to let him have some of the disbanded Troops for it was Votes to let the disbanded Soldiers past beyond Sea Resolved c. That the House is of Opinion and holds fit that Orders should be sent to the Officers of the several Ports requiring them to permit all such Soldiers of the late disbanded Army as shall desire it to pass beyond the Seas provided that they take such Oaths and perform such other Duties as are usually required according to the Laws Resolved c. That this House is further of Opinion and holds it fit That such other Soldiers of the late disbanded Army as are Strangers and not Subjects or Natives of this Kingdom shall have liberty to pass out of this Kingdom and to receive Entertainment of any Forreign Prince Sir Gilbert Gerrard carries up the Bill for dissabling all Persons in Holy Orders to exercise any temporal Jurisdiction or Authority and acquainted the Lords That the House of Commons desired there might be all speed in the passing of it for it much concerns the good of the Common-Wealth The Lord General Thanks given to the L. General by the House of Lords the Earl of Holland being now returned and having at a Conference given an Account of the disbanding of the Army It was Ordered by the Lords That this House gives Thanks to the Earl of Holland late Lord General of his Majesties Army in the North for
Brown Thomas Bourk Esquires Vlster Sir William Cole Sir James Montgomery The Remonstrance was as followeth addressed first to the L. Deputy Wendesford The humble and just Remonstrance of the Knights Citizens and Burgesses in Parliament Assembled Shewing THat in all Ages since the happy subjection of this Kingdom to the Imperial Crown of England The Irish Remonstrance it was and is a principal study and Princely Care of his Majesty and his most noble Progenitors Kings and Queens of England and Ireland to the vast Expence of Treasure and Blood That their Loyal and Dutiful People of this Land of Ireland being now for the most part derived from Brittish Ancestors should be governed according to the Municipal and Fundamental Laws of England That the Statute of Magna Charta or the Great Charter of the Liberties of England and other laudable Laws and Statutes were in several Parliaments here Enacted and Declared that by the means thereof and the most Prudent and Benign Government of his Majesty and his Royal Progenitors this Kingdom was until of late in its growth a flourishing Estate whereby the said People were heretofore enabled to answer their humble and natural Desires to comply with his Majesties Princely and Royal Occasions by their free gift of 150 Thousand pounds sterling And likewise by another free gift of 120 Thousand pounds more during the Government of the Lord Viscount Faulkland and after by the gift of 40 Thousand pounds and their free and cheerful gift of Six intire Subsidies in the Tenth Year of his Majesties Reign which to comply with his Majesties then Occasions signified to the then House of Commons they did allow should amount in the Collections unto a Hundred and fifty Thousand pounds although as they confidently believe if the Subsidies had been levied in a moderate Parliamentary way they would not have mounted to much more than half the Sum aforesaid besides the Four intire Subsidies granted in this present Parliament So it is may it please your Lordship by the occasion of infuing and other Grievances and Innovations though to his Majesty no considerable Profit this Kingdom is reduced to that Extream and Universal Poverty that the same is less able to pay Two Subsidies than it was heretofore to satisfie all the before-recited great Payments and his Majesties most Faithful People of the Land do conceive great Fears That the said Grievances and Consequences thereof may be hereafter drawn into Presidents to be perpetuated upon their Posterity which in their great hopes and strong belief they are perswaded is contrary to his Royal and Princely Intention towards his said People of which Grievances are as followeth 1. First The general apparent decay of Trades occasioned by the new and illegal raising of the Book of Rates and Impositions upon Native and other Commodities Exported and Imported by reason whereof and of extream Usage and Censures Merchants are beggered both and dis-inabled and discouraged to Trade and some of the Honorable Persons who gain thereby often Judges and Parties And that in the conclusion his Majesties Profit thereby is not considerably advanced 2. The Arbitrary decision of all Civil Causes and Controversies by paper Petitions before the Lord Lieutenant and Lord Deputy and infinite other Judicatories upon references from them derived in the nature of all Actions determinable at the Common Law not limited into certain time cause season or thing whatsoever And the consequences of such exceeding by immoderate and unlawful Fees by Secretaries Clarks Pursivants Serjeants at Arms and otherwise by which kind of proceedings his Majesty looseth a considerable part of his Revenue upon original Writs and otherwise and the Subject looseth the benefit of his Writ of Error Bill of Reversal Vouchees and other Legal and just advantages and the ordinary course and Courts of Justice declined 3. The proceedings in Civil Causes at Council Board contrary to the Law and Great Charter not limited to any certain time or season 4. That the Subject is in all the material parts thereof denyed the benefit of the Princely graces and more especially of the Statute of Limitations of 21 Jac. Granted by his Majesty in the Fourth year of his Reign upon great advice of Council of England and Ireland and for great consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdom in open Assizes whereby all persons do take notice That contrary to his Majesties Pious Intentions his Subjects of this Land have not enjoyed the benefit of his Majesties Princely Promise thereby made 5. The Extrajudicial avoiding of Letters Patents of Estates of a very great part of his Majesties Subjects under the Great Seal the Publique Faith of the Kingdom by private Opinions delivered at the Council-Board without Legal Evictions of their Estates contrary to the Law and without president or example of any former Age. 6. The Proclamation for the sole Emption and uttering of Tobacco which is bought at very low rates and uttered at high and excessive rates by means whereof Thousands of Families within this Kingdome and of his Majesties Subjects in several Islands and other parts of the West-Indies as your Petitioners are informed are destroyed and the most part of the Coyn of this Kingdom is ingrossed into particular hands Insomuch as the Petitioners do conceive that the Profit arising and engrossed thereby doth surmount his Majesty's Revenue certain or casual within this Kingdom and yet his Majesty receiveth but very little Profit by the same 7. The universal and unlawful increasing of Monopolies to the advantage of a few to the disprofit of his Majesty and Impoverishment of his People 8. The extream and cruel usage of certain late Commissioners and other Stewards the British Farmers and Inhabitants of the City and County of London-Derry by means whereof the worthy Plantation of that Country is almost destroyed and the Inhabitants are reduced to great Poverty and many of them forced to forsake the Country the same being the first and most useful Plantation in the large Province of Vlster to the great weakening of the Kingdom in this time of danger the said Plantation being the principal strength of those Parts 9. The late erection of the Court of High-Commission for Causes Ecclesiastical in those necessitous times the proceedings of the said Court in many Causes without Legal Warrant and yet so supported as Prohibitions have not been obtained though legally sought for And the excessive Fees exacted by the Ministers thereof and the encroaching of the same upon the Jurisdiction of other Ecclesiastical Courts of this Kingdom 10. The exorbitant Fees and pretended Customs exacted by the Clergy against the Law some of which have been formerly represented to your Lordship 11. The Petitioners do most heartily bemoan that His Majesties service and profit are much more impaired then advanced by the Grievances aforesaid and the Subsidies granted in the last Parliament having much increased His Majesties Revenue by the buying of
Majesty's said Letters or the said Act of State and not otherwise The Commons not being satisfied with these Sober and Calm Resolutions of the Judges fell to Voting their own Sense and to make Declarations of the Law upon their former Queries as followeth Questions propounded in Parliament And Declarations of the Law thereupon in Parliament Quest 1. The Declaration of the Commons in Ireland upon the Queries propounded to the Judges WHether the Subjects of this Kingdom be a Free People and to be Governed only by the Common Laws of England and Statutes of Force in this Kingdom Declarat The Subjects of this his Majesties Kingdom of Ireland are a free People and to be Governed only according the Common Law of England and Statutes made and established by Parliament in this Kingdom of Ireland and according to the Lawful Customs used in the same 2. Quest Whether the Judges of this Land do take the Oath of Judges And if so Whether under pretext of any Act of State Proclamation Writ Letter or Direction under the Seal or Privy Seal Signet or Letter or other Commandment from the Lord Lieutenant Lord Deputy Justice Justices or other Chief Governor or Governors of this Kingdom they may hinder stay or delay the Suit of any Subject or his Judgment or Execution thereupon If so in what Cases And whether if they do hinder stay or delay such Suit or Judgment or Execution thereupon what Punishment do they incur for their deviation and transgression therein Declarat That Judges in Ireland ought to take the Oath of the Justices or Judges declared and established in several Parliaments of Force in this Kingdom and the said Judges or any of them by Color or under Pretext of any Act of State or Proclamation or under Color or Protext of any Writ Letter or Direction under the Great Seal Privy Seal or Privy Signet from the King 's Most Excellent Majesty or by Color or Pretext of any Letter or Commandment from the Chief Governor or Governors of this Kingdom ought not to hinder or delay the Suit of any Subject or his Judgment or Execution thereupon and if any Letters Writs or Commands come from his Majesty or from any other or for any other Cause to the Justices or to the other deputed to do the Law and right according to the Usage of the Realm in disturbance of the Law or of the Execution of the same or of Right to the Party the Justices and others aforesaid ought to proceed and hold their Courts and Processes where the Pleas and Matters be depending before them as if no such Letters Writs or Commandments were come to them And in case any Judge or Judges Justice or Justices be found in default therein he or they so found in default ought to incur and undergo due Punishment according to the Law and former Declarations and Provisions in Parliament in that Case made and of Force in this Kingdom or as shall be Ordered Adjudged or Declared in Parliament And the Barons of the Exchequer Justices of the Assize and Goal-delivery if they be found in default as aforesaid It is hereby declared That they ought to undergo the Punishment aforesaid 3. Quest Whether the Kings Majesties Privy Council either with the Chief Governor or Governors of this Kingdom or without him or them be a Place of Judicature by the Commons Laws and wherein Causes between Party and Party for Debts Trespasses Accompts Possessions or Title of Lands or any of them or which of them may be heard and determined and of what Civil Causes they have Jurisdiction and by what Law And of what Force is their Order or Decree in such Cases or any of them Declarat The Council Table of this Realm either with the Chief Governor or Governors or without the Chief Governor or Governors is no Judicatory wherein any Action Real Personal Popular or Mixt or any Suit in the Nature of the said Actions or any of them can or ought to be Commenced Heard or Determined and all Proceedings at the Council Table in any Suit in the nature of any of the said Actions are void especially Causes particularly provided for by express Acts of Parliament of Force in this Kingdom only excepted 4. Quest The Like of the Chief Governor alone Declarat The Proceedings before the Chief Governor or Governors alone in any Action Real Personal Popular or Mixt or in any Suit in the Nature of any of the said Actions are Coram non Judice and void 5. Quest Whether Grants of Monopolies be warranted by the Law and of what and in what Cases and how and where and by whom are the pretended Transgressors against such Grants punishable and whether by Fine Mutilation of Members Imprisonment Loss and Forfeiture of Goods or otherwise and which of them Declarat All Grants of Monopolies are contrary to the Laws of this Realm and therefore void and no Subject of the said Realm ought to be Fined Imprisoned or otherwise Punished for exercising or using the Lawful Liberty of a Subject contrary to such Grants 6. Quest In what Cases the Lord Lieutenant Lord Deputy or other Chief Governor or Governors of this Kingdom and Council may punish by Fine Imprisonment Mutilation of Members Pillory or otherwise And whether they may Sentence any to such the same or the like punishment for infringing the Commands of or concerning any Proclamation of and concerning Monopolies and what punishment do they incur that Vote for the same Declarat The Lord Lieutenant Lord Deputy or other Chief Governor or Governors and Council of this Realm or any of them ought not to imprison any of his Majesties Subjects but only in Cases where the Common Laws or Statutes of the Realm do inable and warrant them so to do and they ought not to Fine or to Consure any Subject in mutilation of Member standing on the Pillory or other shameful Punishment in any Case at the Council Table and no Subject ought to be Imprisoned Fined or otherwise Punished for Infringing any Commands or Proclamation for the support or Countenance of Monopolies and if in any Case any Person or Persons shall be committed by the Command or Warrant of the Chief Governor or Governors and Privy Council of this Realm or any of them That in every such Case every Person or Persons so Committed restrained of his or their Liberty or suffering Imprisonment upon Demand or Motion made by his or their Counsel or other imployed by him or them for that purpose unto the Judges of the Court of Kings-Bench or Common-Pleas in open Court shall without delay upon any Pretence whatsoever for the ordinary Fees usually paid for the same have forthwith granted unto him or them a Writ or Writs of Habeas Corpus to be directed generally unto all and every Sheriff Goaler Minister Officer or other Person in whose Custody the Party or Parties so Committed or Restrained shall be shall at the Return of the said Writ or Writs and
a Convenient time to be declared by the Lord Lieutenant Lord Deputy or Lords Justices and Councel of that Kingdom shall return to their due Obedience the greatest part whereof they conceive have been seduced upon false Grounds by cunning and subtile Practices of some of the most malignant Rebels Enemies to this State and to the Reformed Religion and likewise to bestow such Rewards as shall be thought fit and published by the Lord Lieutenant Lord Deputy or Lords Justices and Council upon all those who shall arrest the persons or bring in the Heads of such Traytors as shall be personally named in any Proclamation published by the State there And they do hereby Exhort and Require all his Majesties loving Subjects both in this and that Kingdom to remember their Duty and Conscience to God and his Religion and the great and Eminent Danger which will involve this whole Kingdom in General and themselves in Particular if this abominable Treason be not timely suppressed and therefore with all Readiness Bounty and Chearfulness to confer their Assistance in their Persons or Estates to this so important and necessary a Service for the Common Good of all The Letter to be sent along with this Declaration was in these words MY Lords Justices The Letter from the Speakers of both Houses to the Lords Justices of Ireland and the rest of his Majesties Council of his Majesties Kingdom of Ireland I have received a Command from the Lords House in this present Parliament to send unto you this inclosed Declaration of the Lords and Commons in Parliament for the better Encouragement of his Majesties Faithful Subjects to unite and imploy themselves in opposing and suppressing the Rebels of this and that Kingdom the publishing whereof I am to commend to your Care and Wisdom and rest c. The Resolutions being again read over the House consented to them and ordered the Lord Keeper to take Care to see them sent to Ireland as also to send Copies of them to his Majesty that he may see the Care of his Parliament in his absence concerning the Affairs of Ireland The Lord Admiral was also Ordered to give Command for the stoping of the Posts towards Ireland Order to stop the Posts towards Ireland upon such as are now going from Flanders into the Kingdom of Ireland It was also Ordered Order to take Care to guard the City against Tumults That the Lord Chamberlain of his Majesties Household Captain General of the South Parts of this Kingdom during his Majesties being out of this Kingdom shall give Order to the Lord Mayor of the City of London to safe guard the said City as there shall be Cause against all Tumults and Disorders that shall happen in or about the said City and the Liberties of the same upon any occasion whatsoever In the Commons House it was upon the Question Resolved That the Conference with the Lords shall be renewed concerning the securing of the Persons of Papists It was also Ordered That a Warrant be drawn to pass both Houses to the Master of the Ordnance for the delivery of the Arms and Powder and Ammunition at Carlisle to the Lord Lieutenant of Ireland or such as he shall appoint This day the Lord Keeper signified to the House of Lords Friday Novemb. 5. That he had received a Letter from the Lord Howard at Edenburgh dated the 30th of October 1641 which was commanded to be read the Effect whereof was THat meeting with the Instructions of the Parliament beyond Anwick in his return to London his Lordship and Mr. Fiennes returned back again to Edenburgh to present them to his Majesty which having done his Majesty told them That for the Business of Barwick be hoped by this time the Parliament had received Satisfaction Concerning the Rebellion in Ireland his Majesty upon the first Notice thereof moved the Parliament of Scotland to take this business into Consideration which accordingly they did and appointed a Committee for this very purpose which made Report whereof a Copy is Enclosed together with a Ratification thereof in Parliament wherein they have testified their Affection and respect to this Kingdom The Report of the Committee in the Parliament of Scotland Rege praesente 28 Octobris 1641. HIS Majesty produced a Letter written to him by the Lord Viscount Chichester anent some Commotions in Ireland The Resolutions of Scottish Parliament concerning the Irish Rebellion which was publiquely read in Audience of the Kings Majesty and Parliament And his Majesty desired that some may be appointed to think upon the Business so far as may concern his Majesty and the Kingdom And the Estates nominated the Lord Chancellor Lord General Lord Lothian Lord Amond the Lardis of Wedderburn Kinhault and Murthill the Commissioners of Edinburgh Glascow and Aire to think upon some Course necessary to be done anent the said Letters and what is incumbent to be done by this Kingdom thereupon and Report again to the Parliament To meet in the General his House this Afternoon at two Hours 28 Octobris 1641. This Day in the Afternoon the Committee above nominated appointed for taking into Consideration the Report of the Commotions in Ireland being met in the Lord Generals House and having read the Letter directed to the King's Majesty from the Lord Chichester Dated at Belfast the 24th of October 1641 hath Considered That his Majesty out of His Wisdom and Royal Care of the Peace of His Kingdoms hath already acquainted the Parliament of England with the Intelligence from Ireland and has sent to Ireland to know the certainty of the Commotions and of the Affairs of that Combination which till it be perfectly known there can be no particular Course taken for Suppressing thereof and the Kingdom of Ireland being dependant upon the Crown and Kingdom of England the English may conceive Jealousies and mistake our Forwardness when they shall hear of our Preparations without thair Knowledg in this whairin they are first and more properly concerned And if the Insurrections be of that Importaince as the British within Ireland are not Powerful enough to Suppress it without Assistance of greater Forces * * Scotish for than nor thair Allies and that his Majesty and Parliament of England shall think our Aid necessary to joyn with thaim We conceive That the Assistance which we can contribute may be in readiness as soon as England and if after Resolution taken by his Majesty with Advice of both Parliaments it shall be found necessary that we give our present Assistance we shall go about it with that speed which may Witness our dutiful Respects to his Majesties Service and our Affections to our Brethren his Majesties Loyal Subjects of England and Ireland 29 Die Octob. 1641. Read in Audience of his Majesty and Estates of Parliament ad futuram rei memoriam as ane Testimony of their Affections to his Majesties Service and the Good of the Neighbor Kingdoms and appoints thrie of the Baronis
which by reason of his Majesties absence out of the Kingdom cannot be done by His Majesties immediate Warrant so speedily as the imminent danger and necessity of that Kingdom doth require and for that His Majesty hath especially recommended the Care of the Preservation of that Kingdom unto both the Houses of Parliament It is Ordained by the Lords and Commons in Parliament That Mountjoy Earl of Newport Master of His Majesties Ordnance shall deliver to the Earl of Leicester Lord Lieutenant of Ireland or to such other person or persons as he shall appoint to receive the same the full number of 1000 Arms for Horse-men and 8000 Arms for Foot and the quantity of 10 Last of Powder and such other Munition Tents and Provisions of all sorts as shall be needful for this Service according to a List to be agreed upon and allowed by the said Lords and Commons hereunto annexed out of His Majesties Stores and Magazines in the Tower of London the City of Carlisle the Town of Hull or elsewhere and for so doing this shall be a sufficient Warrant as well for his Lordship as for any of his Deputies or Vnder-Officers in that behalf An Ordinance also for providing Shipping for Transportation of Men and Munition was read and passed in haec verba WHereas by Order of Parliament Men Arms The Ordinance of the Lords and Commons to impower the L. High Admiral to provide Shipping c. Munition and other Provisions are suddenly to be transported from several Ports in this Realm viz. Bristol Chester and others for which Service it will be requisite that Ships be provided with all expedition It is this day Ordered by the Lords and Commons in Parliament that the Lord High Admiral of England be desired to take care that Ships be accordingly provided in the several Ports respectively within this Kingdom from whence the aforesaid Men Arms Ammunition and other Provisions are Ordered to be Transported into Ireland which is to be done with all expedition the Parliament having resolved to see Moneys supplied for the performance of this Service After this the Lord Keeper reported the Conference with the House of Commons to this effect That the House of Commons have presented to their Lordships some Propositions which have been Voted in their House The Report of the Conference about Capuchins c. and desires their Lordships to take them into Consideration and join with them therein 1. Concerning the Dissolving the House of the Capuchins and the speedy sending them away according the former desires of their House 2. That the Ambassadors may be sent to from both Houses to deliver up such Priests of the King's Subjects as are in their Houses 3. That a List may be brought in of the Queens Priests and other her Servants and that a List may be likewise brought in of the Prince's and other of the King's Childrens Servants 4. That a Proclamation may issue for the Commanding that all Strangers that are not of the Protestant Religion except such as are Men of Rank and Quality and live here in such a publick way whereby notice is taken of them and of the Cause of their aboad in this Kingdom do deliver in Tickets of their Names and an account of their stay here within two days after the issuing forth of the Proclamation or else depart the Kingdom forthwith And likewise requiring that all Inn-keepers or others that entertain Lodgers to give Tickets of the Names of such as lodge in their Houses within two days likewise after the issuing forth of the said Proclamation and that these Tickets be given by those in the City of London to the Lord Mayor and Aldermen of the Wards respectively where they reside and by those of Middlesex and Surrey and other Places within 10 Miles of London to the Justices of the Peace next adjoining to the place of their Residence and this Order to extend to the City of London and Ten Miles about 5. That the House of Commons had presented their Lordships with some Scottish Papers being Examinations concerning the late Design against the Lord Marquess Hamilton Earl of Arguile and the Earl of Lannerick Likewise they produced written from their Committees at Edinburgh Letters dated the 27th of October with an enclosed Paper containing as follows viz. The Paper of the 5th of October Exhibited by the English Committee October the 7th 1641. THE Committees of the Parliament of England have now sent down sufficient Moneys for the Total Disbanding of the Garrisons of Barwick and Carlisle Some Transactions between the English Committee at Edinburgh and the Scottish Parliament and have Ordered That it shall be Effected by the 10th of this present Month And have likewise taken a Course for removing the Ammunition and Ordnance and for slighting of the Works according to the Treaty We desire therefore That that part of the Army which is yet on foot may be forthwith Disbanded and that what new Fortifications have been made in Scotland by occasion of the late Troubles may be presently demolished according to the same Treaty The Answer to the Paper delivered in by the English Committees to the Committee of the Army Exhibited 7. Octobris 1641. THat the Regiments which are yet on foot may be speedily Disbanded they are drawn according to the Order already given near towards Edenburgh to the Effect they may with greater Conveniency be Mustered and thereafter money may be given for their Pay and forthwith disbanded And any new Fortifications which have been made in Scotland by Occasion of the late Troubles shall presently be demolished that every Condition on our part may to your full Satisfaction be performed according to the Treaty And we do no wise doubt to find mutual performances and that the Garrisons at Barwick and Carlisle according to the Orders of the Parliament be totally Disbanded which being shewn to the Parliament of England we hope will give them Satisfaction 22 October 1641. Produced by the Lord Chancellor and read in Audience of his Majesty and the Parliament who nominates the Lord Burgley in place of the Earl of Argyle to be upon the Committee for providing Money to pay the Regiments And also Ordains An Order to be given to the Lord General for causing the demolishing the Fortifications at Mordington which was accordingly done Alex. Gibsone 6. Concerning the putting the Custody of the Isle of Wight into another hand as formerly was desired 7. Concerning the securing of the persons of Papists upon the former Propositions 8. That the Earl of Essex may have Power from both Houses to Command the Trained Bands on this side Trent upon all Occasions for the Defence of the Kingdom and that this power may continue until the Parliament shall take further Order This Report being Ended the House caused those particulars to be distinctly read again and gave these Resolutions upon them Resolved upon the Question Nemine Contradicente That the House or Covent of Capuchins here
the Earl of Leicester Lord Lieutenant of Ireland making some scruple of raising Men to be imployed in the busness of Ireland without the King's Commission and his Lordship desiring to have the Authority of the Parliament for the same in the mean time It is thought fit and so Ordered by the Lords in Parliament according to the Power given unto them by His Majesty mentioned in an Order dated the sixth of November 1641. That the said Lord Lieutenant shall have full power by virtue of this Order to Levy Men according to the Order given him from the Parliament in the interim until His Majesty shall grant him a Commission under the Great Seal of England for his Warrant for so doing The House of Commons did also take notice of the Doubt of the Earl but notwithstanding did resolve and think fit that he should proceed to raise men for the Service by Virtue of the Ordinance of Parliament It was also Ordered by the Lords and Commons A Council of War for the Affairs of Ireland That the Lord Viscount Wilmot Sir John Conyers Sir Jacob Ashly Sir Simon Harcourt Sir John Heyden Sir Foulk Hunks Sir Thomas Glemham Sir Robert King Colonel Culpeper Colonel Vavasor Lieutenant Colonel Ballard and Captain Skippon shall be Assistants as a Council of War to the Committees of both Houses of Parliament appointed for the Affairs of Ireland and have full Power by virtue of this Order to meet and consider of the present state and condition of the said Kingdom and also of an Establishment for the Army Lords agree with the Commons to put the Laws against the Papists in Execution speedily The Lords then entred upon the Consideration of the Proposition sent from the Commons concerning securing the Persons of Popish Recusants and after a long Debate the Result was this That whereas the House of Commons desired that the persons of the Romish Recusants for the safety of the Kingdom might be secured this House doth consent with them therein and Orders That the Laws of this Kingdom shall be put into Execution against them presently Upon the desire of the Commons by Mr. Pym Letters from France and Antworp stopped it was Ordered by the Lords That the Foreign Letters from France and Antwerp be stopped and perused by the Lords Committees for opening Letters there being as Mr. Pym said ground and intelligence that those Letters will discover some Root of the Rebellion in Ireland The Declaration of the State of the Kingdom was also this day read and it was moved that a Consideration of these particulars might be added and which is very uncommon I find in the Margin of the Journal the Names of the Persons which made the several Motions which in regard it is to be supposed they did it in futuram rei Memoriam that Posterity might not hereafter be to seek for their Names I will take care to transmit them down to future Ages but whether they will have Statutes Erected for the Achievement I cannot promise unless it be of Infamy Moved That the last Expedition into Germany J. C. but whether Corbet or Clotworthy I cannot tell The Loans upon Privy Seals The Commission of Excise might be added The Additional Explanation to the Petition of Right Palmer I suppose The Declaration set forth upon the Breach of both Parliaments Strode The Proclamation set forth Wingate forbidding People so much as to talk of a Parliament Gun-Powder Monopoly J. C. as it was a Project for the disarming of the Kingdom The destruction of Timber Wildt especially in the Forrest of Dean by Recusants The Entituling the King to the Lands between High-Water J. C. and Low-Water mark The abuses of Purveyors and Salt-Petre men Whitlock The Commission of Sewers to be further Explained Cromwel The Court of Wards Smyth The Jurisdiction of the Council of the Marches The Council Table as they take Cognizance of Me Te. The Buying and Selling of Honours and Dignities The further Debate ordered to be resumed to Morrow The Lord Keeper Reported the Conference with the Commons Yesterday That Mr. Pym delivered by Command divers Heads agreed upon by the Commons Wednesday Novem. 10. which are Instructions to be sent to the Commissioners of both Houses now attending his Majesty in Scotland which they desire their Lordships to joyn with them in The Instructions were read in haec verba 1. YOu shall humbly inform his Majesty Instructions to the Commissioners in Scotland Nov. 10th 1641. That the Propositions made to the Parliament of Scotland concerning their Assistance for suppressing the Rebellion in Ireland hath been fully considered and debated by both Houses of Parliament here and their Wise and Brotherly Expressions and Proceedings are apprehended and Entertained here by us not only with Approbation but with Thankfulness Wherefore we desire that his Majesty will be pleased That You in the Name of the Lords and Commons of England give publick Thanks to the States of the Parliament of Scotland for their Care and Readiness to imploy the Forces of that Kingdom for the reducing the Rebellious Subjects of Ireland to their due Obedience to his Majesty and the Crown of England 2. You shall further make known to his Majesty That in the great and almost Vniversal Revolt of the Natives of Ireland cherished and fomented as we have Cause to doubt by the Secret Practices and Encouragements of some Forreign States ill-affected to the Crown and that the Northern Parts of that Kingdom may with much more Ease and Speed be supplied from Scotland than from England We humbly desire and beseech his Majesty to make Vse of the Assistance of his Parliament and Subjects of Scotland for the present Relief of those Parts of Ireland which lie nearest to them according to the Treaty agreed upon and confirmed in both Parliaments and this Affectionate und Friendly Disposition now lately Expressed as is more particularly specified in the 5th Article 3. You shall present to His Majesty the Copy Enclosed of the Declaration which We have sent into Ireland for the Encouragement of his good Subjects there and for the more speedy and Effectual opposing of the Rebels and in Execution and performance of our Expressions therein made of Zeal and Faithfulness to his Majesties Service We have already taken Care for 50000 l. to be presently Borrowed and Secured by Parliament We have likewise resolved to hasten the Earl of Leicester Lord Lieutenant of Ireland very speedily to repair thither and forthwith to raise a Convenient number of Horse and Foot for securing Dublin and the English Pale with such other Parts as remain in his Majesties subjection intending to second them with a far greater Supply 4. We have further Ordered and Directed That his Majesties Arms and Munition lying in the City of Carlisle shall be Transported into the North Parts of Ireland for the supply of Carrick-fergus and other his Majesties Forts and
Garrisons there and that a convenient Number of Men shall be sent from the North Parts of England for the better Guard and Defence of those Forts and Countries adjoyning and that a large proportion of Arms and other Munition shall be speedily conveyed out of his Majesties Stores to West-Chester to be disposed of according to the Direction of the Lord Lieutenant of Ireland for arming the Men to be sent from England and such other of his Majesties Loyal Subjects as may be raised in Ireland 5. And because we understand That the Rebels are like with great strength to attempt the ruin and destruction of the Brittish Plantation in Ulster we humbly Advise his Majesty by the Council and Authority of his Parliament in Scotland to provide that one Regiment consisting if 1000 men furnish't and accomplish't with all necessary Arms and Munition as shall seem best to their Great Wisdoms and Experience may with all possible speed be Transported into Ireland under the Command of some Worthy Person well affected to the Reformed Religion and the Peace of both Kingdoms and well Enabled with Skill Judgment and Reputation for such an Employment which Forces we desire may be Quartered in those Northern Parts for the Opposing the Rebels and Comfort and Assistance of his Majesties good Subjects there with Instructions from his Majesty and the Parliament of Scotland that they shall upon all Occasions pursue and observe the Directions of the Lord Lieutenant his Lieutenant General or the Governor of Ireland according to their Authority derived from his Majesty and the Crown of England 6. And as touching the Wages and other Charges needful which this Assistance will require We would have You in our Name to beseech His Majesty to commend it to our Brethren the Estates of the Parliament of Scotland to take it into their Care on the behalf of His Majesty and this Kingdom to make such agreements with all the Commanders and Soldiers to be imployed as they would do in the like Case for themselves and to let them know For Our parts We do wholly rely upon their Honorable and Friendly dealing with us and will take Care that Satisfaction be made accordingly 7. You shall represent to his most Excellent Majesty this our Humble and Faithful Declaration that we cannot without much grief remember the great Miseries Burthens and Distempers which have for divers Years afflicted all his Kingdoms and Dominions and brought them to the last point of Ruine and Destruction all which have issued from the Cunning False and Malicious Practices of some of those who have been admitted into very near Places of Council and Authority about him who have been Favourers of Popery Superstition and Innovation Subverters of Religion Honor and Justice Factors for promoting the Designs of Forreign Princes and States to the great and apparent danger of His Royal Person Crown and Dignity and of all his People Authors of False Scandals and Jealousies betwixt his Majesty and his Loyal Subjects Enemies to the Peace Vnion and Confidence betwixt Him and his Parliament which is the surest Foundation of Prosperity and Greatness to his Majesty and of Comfort and Hope to them That by their Councils and Endeavours those great Sums which have been lately drawn from the People have been either consumed unprofitably or in the maintenance of such Designs as have been Mischievous and Destructive to the State and whilest we have been labouring to Support his Majesty to purge out the Corruptions and restore the Decayes both of Church and State others of their Faction and Party have been contriving by Violence and Force to suppress the Liberty of Parliament and indanger the Safety of those who have opposed such wicked and pernicious Courses 8. That we have just Cause to believe That those Conspiracies and Commotions in Ireland are but the Effects of the same Councils and if persons of such Aims and Conditions shall still continue in Credit Authority and Imployment the great Aids which we shall be inforced to draw from his People for subduing the Rebellion in Ireland will be applied to the Fomenting and Cherishing of it there and Encouraging some such like attempt by the Papists and ill-affected Subjects in England and in the End to the Subversion of Religion and destruction of his Loyal Subjects in both Kingdoms And do therefore most humbly beseech his Majesty to change those Councils from which such ill Courses have proceeded and which have Caused so many Miseries and Dangers to himself and all his Dominions and that he will be graciously pleased to imploy such Councils and Ministers as shall be approved of by his Parliament who are his greatest and most Faithful Council that so his People may with Courage and Confidence undergo the Charge and Hazard of this War and by their Bounty and Faithful Endeavours with Gods Blessing restore to his Majesty and this Kingdom that Honor Peace Safety and Prosperity which they have Enjoyed in former times And if herein his Majesty shall not vouchsafe to condescend to our humble Supplication although we shall always continue with Reverence and Faithfulness to his Person and to his Crown to perform those Duties of Service and Obedience to which by the Laws of God and this Kingdom we are Obliged Yet we shall be forced in discharge of the Trust which we ow to the State and to those whom we represent to Resolve upon some such way of defending Ireland from the Rebels as may concur to the Securing our selves from such Mischievous Councils and Designs as have lately been and still are in practice and agitation against us as we have just cause to believe and to commend those Aids and Contributions which this great Necessity shall require to the Custody and Disposing of such Persons of Honor and Fidelity as we have Cause to confide in The Faction as the Reader may before have observed had upon all Occasions indeavoured to lay hold upon the Soveraign Power of the Sword and indeed nothing less could Protect them from their own Fears of a future Reckoning which they were affraid they must make if ever the King's Affairs came into a prosperous Condition and setled Posture But certainly next to the Execrable Rebellion in Ireland it was one of the most barbarous Outrages to a most Excellent Prince whose Indulgence was his greatest Crime not only to charge him with the Fomenting and in a manner Contriving this most wicked Rebellion as is evident by these Venemous Reflections they intended to do but to take this advantage of the Misfortune of his Affairs to wrest from him that little remainder of Power and Regal Authority which he had not hitherto divested himself of But this was the Resolution of these Ingrateful and Ungenerous Subjects whose unbounded Ambition all the Streams of Royal Bounty were not able to satisfie so long as the King was the Fountain of them and they were determined to make use of his Majesties extreme Necessity as they had
Army in the North he desired before he was Examined of his supposed Crime that he might have the Judgment of the House of Lords and the Resolution of the House of Commons Whether the Act of Pacification and Oblivion do not interpose and exempt him from being Questioned for the supposed Crime whether it be Civil or Criminal This he doth not plead as a Pardon which would imply a Crime which he is not guilty of but as his own Sense upon that Act. Hereupon the Act of Oblivion was read An Explanation of the Extent of the Act of Pacification and afterwards the Lords Commissioners that were present did averr That in their Treaty with the Scots Commissioners they never did intend the said Act should Extend further than to things past between the Two Kingdoms of England and Scotland in matters of Hostility and things thereunto belonging and not to things to come For further Debate hereof the House was adjourned into a Committee during pleasure and the House being Resumed it was Resolved upon the Question Nemine Contradicente That it belongs to the House of Peers by the Ancient Laws and Constitutions of this Kingdom to interpret Acts of Parliament The House of Lords the Interpreters of Acts of Parliament in time of Parliament in time of Parliament in any Cause that shall be brought before them And it is likewise Ordered That Mr. O Neal shall be Examined by the Deputed Lords appointed for that purpose notwithstanding his Allegation Upon Information given this day to the House Riot in the Forrest of Windsor That certain persons of Egham were apprehended by Order of this House for killing the King's Deer and committing Riots in the Forrest of Windsor and Egham Walk and being in the custody of the Messenger were Reskued out of his hands by violence by some of their Companions Hereupon it is Ordered That a Warrant be sent to the Sheriff of Surrey to assist the Messenger of this House for the apprehending the former Delinquents and of such persons that rescued them out of the Messengers hands and that they be brought before this House that they may receive punishment according to their deserts These passages may seem too trifling to be inserted into these Collections but I thought it absolutely necessary that by these Insolencies Posterity might see how cheap and contemptible the Actions of this Parliament had made the King in the esteem of the Common People and how unfit it is for Loyal Subjects to ask and for Princes sometimes to part with things which seem little or indifferent for such it may be might be the Regulation of the Forrests which yet it is evident was the Occasion of this Contemptuous Carriage of People of the lowest Rank towards him who ought to have been esteemed their Dread Sovereign by the highest But it was no wonder to see them follow the Example of their Superiors who committed daily Riots upon the King's Prerogative and Reputation But to proceed Lord Keeper Reports Conference about the Letters from Ireland The Lord Keeper reported the Conference with the Commons That he had acquainted them that their Lordships had agreed to six of the Instructions for the Committees in Scotland but the other being of great Consideration by reason of the pressing Affairs of Ireland they were forced to lay aside till a more convenient time 1 Then his Lordship reported That the House of Commons desires the Letter read this Day sent from the Lords of the Council in Ireland may be communicated to the City of London to let them see the truth of the Affairs of Ireland that so they may be the better stirred up and induced to lend Mony for the present supply of the business of Ireland and to this purpose the House of Commons will imploy some Members of their own Which Proposition this House agreed to 2 That in regard of the present urgent Occasions of Ireland the House of Commons thinks it fit the Six Thousand Men which both Houses resolved should be sent into Ireland out of England shall be increased to the Number of Ten Thousand Men and Two Thousand Horse Which the Lords also agreed to 3 That the House of Commons had voted to desire the Assistance of our Brethren of Scotland against Ireland for 10000 Men not presently to be sent but at such times and in such Manner as shall be agreed upon by Articles and Conditions of both Parliaments according to future Occasions Whereupon it was Resolved upon the Question c. That this House shall desire the Aid of our Brethren of Scotland for 1000 Scots for the present to be sent over into Ireland with an Intimation of a desire of 9000 more to make up 10000 Men if Occasion be according to such Articles as shall be agreed upon with the Parliament of England The same things were Voted in the Commons House only concerning the Scots some little difference viz. Resolved c. That this House doth incline to accept of the Offer of the Scots for sending of Ten Thousand Men into Ireland under such Conditions and upon such Cautions as shall be Honorable and Safe for this Kingdom Resolved c. That unless the Scots shall condescend to be commanded by the Government of English settled in Ireland that there is no intention that any should go at all The Dean of Ely Dr. Fuller Dean of Ely Bailed Dr. Fuller was upon his Petition this day Ordered to be Bailed and Colonel Fitz Williams who for Transporting several Men into France was in Custody was discharged of the Serjeant and Ordered to attend the House It will possibly by this time be expected that we should take a Trip over the Sea to see the Posture and Condition of that deplorable Nation of Ireland and the Progress of the Rebellion of which every day produced some of Job's amazed Messengers bringing ill Tidings one upon the neck of another And indeed not only every day but almost every hour produced fresh intelligence of the greatness of the Conspiracy and the inhumane Cruelty of the Rebels who Robbed Stripped and Barbarously Murdered the Protestants wherever they got them into their Power The Lord Blaney himself brought the account of the surprisal of his House Wife and Children by the Rebels in the County of Monaghan An advertisement came from Sir Arthur Tyringham of the taking of the Newry and the poor English who escaped the fury of the Rebels brought continual fresh Relations of the miserable Condition of the Province of Vlster where the Rebellion first took its rise It may well be imagined that the consternation at Dublin was extraordinary occasioned both by the true Accounts which daily arrived and the false Rumors which upon such occasions a general Fear and Amazement is wont to produce the City was weak and defenceless The sad Condition of Ireland at the time of the Rebellion and the Popish Party within it great and formidable and the Rebellion now
all times not only having made the large Prerogatives and Liberties the very same as I may say with the Possession of their Dominions and amongst the most remarkable and equally necessary that Privilege by which we may receive Letters and send from each Prince or any Person whatsoever without Interruption which is the most principal Office of an Ambassador Which Practice Most Noble Lords is not the Laws of our Nation alone but Vniversal and hath been maintained inviolate by the Kings and the Publick of all Christian Governments no less than amongst the most Barbarous I nevertheless cannot say but I have injoyed in this great Court that just Respect until the last Letters were opened which came from France to me Directed which although they were restored by my Lord Fielding and Sir Henry Vane who upon their Honor assured me that it was a pure Error and not willingly committed which though I do believe yet I could not perswade my self that the Government of England so Noble and Generous should have so inferior a Mind as to open the Letters of an Ambassador and by this means to Violate the Laws and to give an ill Example to the World of so little Respect towards the Ministers of the most Serene Republick of Venice which for so many Ages hath given a Sincere Testimony of Affection and Esteem to this Crown But now fresh Experience to my great Affliction hath given Testimony of the contrary being yesterday all the Letters were opened coming from Venice Antwerp and other Countries and the very Letters writ unto me from the most Serene Republick and the Regal Seal being broken and the Commission sent from my Lords being published and many of my own Letters being taken the Consequences of which cannot be approved of by any I have judged it convenient to give Notice unto your Excellencies by which according to the greatness of your Wisdoms you may take it into Consideration and take such Resolutions therein as you shall judge necessary for maintaining the Honor of this Nation and the Publick Faith under the Protection of which Ambassadors live so that it may be known to all Princes that in England they do not introduce New Laws but that they will maintain the constant Profession of rendring the ancient Respects which are due to the most Serene Republick of Venice Whereupon the House thought it fit and agreed That Satisfaction for this shall be given to the State of Venice and to the Ambassador for the present and the House appointed the E. of Bristol E. of Holland Viscount Say and Seal L. Digby and the L. Newnham to draw up presently what was fit to be given by Way of Answer to the Venetian Ambassador Their Lordships presented a Draught to the House which was read in these Words viz. That four Members of the House of Peers The Answer of the House of Lords to the Venetian Ambassadors Memorial be forthwith sent to the Ambassador's to disavow the Action and to endeavor to give him all the Satisfaction possible by declaring how sensible they are of it as tending to the Breach of Publick Faith and the Law of Nations and to shew further how desirous they are to continue the ancient Correspondency betwixt the King and that State and that the House of Peers are resolved to be humble Suitors to his Majesty to hasten the departure of his Ambassador to make known to that State the same Sense with such other Expressions as may best declare the tender Respect they have to the Honor of that State and the Noble Vsage their Ministers may expect and shall find in their Residence here from the King and Parliament And the Lord Privy Seal L. G. Chamberlain L. M. of Hertford and the L. Newnham were appointed to deliver this Answer to the Venetian Ambassador After this the 13 Bishops which stand Impeached in this House from the House of Commons for Crimes in making the late Canons and Constitutions and granting a Benevolence unto the King being by Order of the House to put in their Answers to the said Impeachment were required by the Speaker in the Name of this House to put in their Answers Their Impeachment brought up from the House of Commons was read and then the Council Assigned the Bishops were called in The Bishops put in their Answer by Plea and Demurrer and demanded to give in the Answers of the Bishops they Answered they had delivered in the said Answer to the Lords the Bishops The Bishop of Winton hereupon delivered his Answer with the rest of the Impeached Bishops in Writing subscribed with all their Hands excepting the Lord Bishop of Glocester who delivered in his by himself by Word of Mouth and pleaded not Guilty Modo Formâ as is charged in the Impeachment Then the Answer of the Bishops was read which consisted of a Plea and Demurrer The Council being commanded to withdraw the House took it into Consideration and resolved to communicate it to the House of Commons which was done accordingly the Message being sent by Serjeant Whitfield and Serjeant Glanvile The House of Commons fell upon the Debate of the Irish Affairs and came thereupon to these Votes Resolved upon the Question That this House holds it fit That forthwith so many Officers be sent over into the North Parts of Ireland as shall be sufficient to Command 2000 Men. Resolved c. That so many Officers shall be sent into the Province of Munster in Ireland as shall Command a Thousand Foot and a Troop of Horse Resolved c. That it be propounded to the Lords That Order be taken for the securing the several Forts of Ireland viz. of Cork Waterford Limrick Kingsale Youghall Galloway and Baltimore The House was then Resolved into a Grand Committee of the whole House to consider of some Course for providing Present Money for the Service of Ireland and Mr. Hyde reported the Debate Whereupon it was Resolved upon the Question That 200000 l. shall be raised for the Suppressing of the Rebels in Ireland 200000 l. Voted to suppress the Rebels in Ireland for Security of this Kingdom and for payment of Debts Then Mr. Pym Reported from the Committee for Irish Affairs 1. That he was Commanded to present a State of the Army what charge it will be to the Common-Wealth to maintain such Men as will be necessary for the Defence of Ireland Those Gentlemen that are appointed as a Council of War to prepare things for this House have proportioned the Charge in a middle way between 1618 and 1639. That the Pay of a Regiment of 1000 Men The Charge of a Regiment of Horse and Foot with the Field Officers together with the Officers amounts unto 19201 l. per Annum for one Regiment of 600 Horse 37310 l. per Ann. For the general Officers of the Field 19541 l. 8 s. 2 d. per Annum Resolved c. That this House shall insist upon their former Vote of accepting at
will discourage Merchants and Strangers from bringing in their Bullion into the Mint 2. The House of Commons say That Colonel Lunsford is a Man of a desperate Condition he having been formerly Censured in the Star-Chamber for lying in Wait and besetting Sir Thomas Pelham Knight as he came in his Coach upon a Sunday from Church and did discharge two Pistols into the Coach Also being challenged into the Field by one Captain Buller upon some injury offered to him by the said Colonel Lunsford Colonel Lunsford refused to Answer him but sent him word he would cut his Throat and would meet him with a Pistol and put out his other Eye 3. The House of Commons say That they are informed that Colonel Lunsford is not right in his Religion for they understand that when he was a Commander in the North in the Kings Army he did not go to Church though he was desired The House of Commons conceiving this business concerns the safety of the King City and Kingdom they desire their Lordships would be pleased to joyn with the House of Commons to Remonstrate these things to the King and to desire him that a Place of such importance may not be put into the hands of such a Man as Colonel Lunsford but that if His Majesty think Cause that there should be a Lieutenant of the Tower being under the Command of such an Honorable Person as the Earl of Newport who is Constable thereof by His Majesties appointment that Sir John Conyers may be recommended to his Majesty for that Place After a long Debate of this Conference The Lords refuse to joyn with the Commons to move the King to displace Lunsford the Question was put Whether this House shall joyn with the House of Commons in the whole Matter of this Conference And it was Resolved Negatively The first thing that was done in the Commons House this day was an Order That Mr. Calamy and Mr. Marshal shall be desired to Print their Sermons they yesterday Preach'd at St. Margarets Westminster at the intreaty of this House and Sir Arthur Ingram and Sir Tho. Barrington are desired to return them Thanks from this House Thanks of the House and a Plate of 20 l. apiece Ordered Calamy and Marshal and to print their Fast Sermons and it was likewise Ordered That they shall have a Piece of Plate of 20 l. a piece given unto them and Sir Arthur Ingram and Sir Thomas Barrington are to think of some convenient Course for raising the said Monies Then the Kings Answer to the Petition of the first of December was read and referred to the Committee that prepared that Petition to frame an Answer unto it and present it to the House and to meet this Afternoon at Four of the Clock in the Inner Court of Wards It was also Ordered That the Gentlemen that serve for the City and Mr. Tompkins Mr. Martin and Mr. Peard shall inquire in what hands the Tower of London now is From which is plain from what Quarter of the World the Petition against Lunsford came Captain Leg was also this day Ordered to be Bailed Then the Petition of the Apprentices and others whose times are lately Expired in and about the City of London was read and the Parties that preferred this Petition were called in and Mr. Speaker told them That this House doth approve of the manner of the delivery of their Petition and the Interruptions complain'd of they will consider of when proofs shall be produced they will likewise consider of the desires of their Petition when the great Affairs of this House shall permit And their Complaints were referred to the Committee appointed to consider of the Interruptions in preferring the Petition from the City of London All the World was now run into one Trade and that was Statemending and Church-modelling in which matters the Godly and Well-affected have ever had in their own opinion such a peculiar Gift that every little Blew-Apron-Boy behind the Compter undertakes as boldly as if he had served an Apprenticeship at the Council-Board and because Posterity shall be satisfied this is no abuse I here present the Reader with these Indenture-mens Petition as I find it among the Prints of the Time for they had the vanity after having presented it to think it would turn to account to Print and Publish it too to help Trading and procure Custom This Petition which by these young Reformers was addressed to the King but presented to the Commons with a multitude of Names who could not write and by consequence neither read nor understand Common Sense was as followeth The Apprentices Petition WHereas we of the lowest members of the City and Kingdom touched with the common Sense of all good Subjects do by Experience find both by our own and our Masters Tradings the beginning of great Mischief coming upon us to nip us in the bud when we are first entring into the World the Cause of which we can attribute to no others but to the Papists and Prelates and that Malignant Party which adheres unto them And where as by the late Protestation we stand solemnly ingaged in the presence of Almighty God by all lawful means with the utmost of our Lives Power and Estates to defend your Sacred Majesty and Royal Issue with the Rights and Liberties of Parliaments and all your Majesties Subjects against Papists and Popish Innovators such as Arch-Bishops Bishops and their dependants appear to be the Extirpation of which Government Root and Branch by several Petitions from this City and many parts of this Kingdom have been humbly desired We hold it our bounden Duty after long Expectation of due and just Proceedings against the forenamed Papists and Popish Innovators now at the last to become most humble Suitors to your Majesty in this present Parliament that you would please to take Notice that notwithstanding the much unwearied pains and industry of the House of Commons to subdue Papistry and Popish Innovators neither Popery is subdued nor Prelates are yet removed whereby many have taken great incouragement desperately to Plot against the Peace and Safety of this and other your Majesties Dominions Witness the most barbarous and inhumane Cruelties perpetrated by the Papists now in Ireland From whence ariseth in us a new Spring of fears and jealousies what the Issue of these things may be in this your Kingdom of England also without a speedy and timely prevention of the same In hope therefore of your Majesties willing readiness by the advice of this Honourable Court of Parliament to provide for our present Relief and Safety We Humbly Supplicate that the Popish Lords and other eminent and dangerous Papists in all parts of this Kingdom may be narrowly look'd unto and secured the Laws against Priests and Jesuits fully Executed the Prelacy Rooted out that so the work of Reformation may be prosperously carried on our distracting fears removed the weighty Affairs of the Kingdom settled and consequently God may
They find ill Consequences already by his being Lieutenant for Merchants have already withdrawn their Bullion out of the Mint and Strangers which have Ships lately come with great store of Bullion do forbear to bring it into the Mint because he is Lieutenant of the Tower and by this Means Money will be scarce to come by which will be prejudicial and obstructive to the pressing Affairs of Ireland The House of Commons took it much to Heart that their Lordships did not joyn with them to Petition his Majesty Hereupon they have made a Declaration for themselves and desired That the same may be entred into the Journal Book of this House as they have done the like in their House Which was read in these Words WE the Knights The Declaration of the Commons concerning the Tower Citizens and Burgesses of the Commons House of Parliament being very sensible of the great and emminent Danger of the Kingdom through the Designs of the Papists and other Persons disaffected to the Publick Peace and finding by frequent and emminet Symptomes that the same groweth very near to maturity amongst which We reckon this not to be the least that the Tower being a Place of such Importance to the safety of the City and of the whole Kingdom should be put into the Hands of a Man so unworthy and of so dangerous a Disposition as by divers Testimonies Colonel Lunsford is affirmed to be which caused Us yesterday upon the Petition of the Citizens of London to desire your Lordships to joyn with us in an humble Suit to his Majesty that a Place of that great Consequence might not be disposed in such a manner as to hazzard the Safety Peace and Content of the City and of the whole Kingdom and perceiving that your Lordships have refused to joyn with us in so important and necessary Request do hereby declare before God and the whole Kingdom that from the beginning of this Parliament we have done our uttermost to preserve the State from Ruine and having through God's Blessing prevailed so far that the Design of the Irish Army of Papists the other Designs of bringing up the English Army several times attempted a former Plot of Possessing the Tower without which Treason could not be so mischievous to the State were all prevented although strongly bent to the Destruction of Religion the Parliament and the Common-Wealth do now find themselves incountred with as great Difficulty as ever the Papists Rebellion in Ireland giving such Encouragement to the Malignant Party here that they likewise receiving such advantage by the Delays and Interruptions which we have received in the House of Peers as we conceive by the great number of Bishops and Papists notoriously disaffected to the Common Good And do therefore hold our Selves bound in Conscience to declare and protest that we are Innocent of the Blood which is like to be spilt and of the Confusions which may overwhelm this State if this Person be continued in his Charge and do intend to resort to his Majesty in an humble Petition that he will be pleased to afford us his Royal Protection that the Kingdom and our Selves may be preserved from this wicked and dangerous Design and that he will grant Commissions and Instructions as may inable us to defend his Royal Person and his Loyal Subjects from the Cruelty and Rage of the Papists who have long Plotted and Endeavoured to bring in a bloody Change of Religion to the apparent Ruine of the whole Kingdom and if any of your Lordships have the same Apprehensions that we have we hope they will likewise take some Course to make the same known to his Majesty and will further do what appertains to Persons of Honor and Fidelity for the common Good After the reading of this Paper it was moved to adjourn the debate of this Matter till Monday by some that it might be debated presently Hereupon the Question was put Whether the Debate upon this Report shall be put off until Monday next or not and it was resolved to be put off until Monday next Which being done these Lords following did disassent to this Vote and before the putting of the Question did claim their Right to enter their Protestation against it which was as followeth The Protestation In respect the Conference brought up The Protestation of divers Lords against the Vote to put off the debate of the Message concerning the Tower and reported from the House of Commons doth as it thereby declared concern the instant Good and Safety of the King and Kingdoms I do protest against the deferring of the Debate thereof until Monday to the end to discharge my self of any ill Consequence that may happen Lo. Admiral Similiter Lo. Chamberlain E. Pembroke E. Bedford E. Warwick E. Bolingbroke E. Newport Viscount Say and Seal E. Suffolk E. Carlisle E. Holland E. Clare E. Stamford Lo. Wharton Lo. St. Johns Lo. Spencer Lo. North Lo. Kymbolton Lo. Brook Lo. Grey de Werke Lo. Roberts Lo. Howard de Escrick After which upon reading of the Petition of the Lord Bishop of London William Lord Bishop of Bath and Wells and Matthew Lord Bishop of Ely The Bishops of London Ely Bath and Wells released concerning Tenths upon the Poll Bill shewing that they had paied 60 l. apiece for the Poll-Money and deposited other Monies according to a Proportion of the double Tenths of their Bishopricks But because their Bishopricks are freed by Letters Patents under the Great Seal of England from paying or accompting for any Tenths It was Ordered by the Lords in Parliament That Mr. Parramour with whom the said Monies were deposited shall forthwith upon sight thereof if he hath so much in his Hands of the Poll-Money and if not then as soon as so much Money shall come in unto him repay unto the said Lords the Bishops their Assigns or Agents all such Sums of Money as he hath received from their Lordships respectively above the 60 l. apiece as is aforesaid In the House of Commons the same Petition from the Merchants c. was read which was preferred to the Lords also upon the Lords refusing to joyn with them to Petition the King for Lunsford's removal they presently came to this Vote Resolved Vote against Colonel Lunsford c. That this House holds Colonel Lunsford unfit to be or continue Lieutenant of the Tower of London as a Person in whom the Commons of England cannot confide in Then Mr. Hollis Mr. Pym Mr. Strode Sir Edmond Montfort Mr. Glyn Sir Philip Stapleton Mr. Martin and Sir John Hotham were Ordered to draw Heads for the Conference before recited This Day it was moved that Sir John Berkley might be bailed Sir John Berkley bailed and thereupon Resolved c. That this House doth approve and allow of the Earls of Dorset and Stamford to be Bail for Sir John Berkley a Prisoner in the Tower the principal to be bound in the Sum of 10000 l. the Security in the
Yea 170. Mr. Arthur Goodwinn Tellers for the Yea 170. Whereupon It was Resolved c. That a Committee shall be named by this House to fit at Guild-Hall and all that shall come to have Voices at this Committee That this Committee shall have Power to direct and appoint such Monies to be paid as shall be necessary for the Troops at Chester That the Committee for Munster shall have power to sit when they will and to put in Execution all such Propositions as are already agreed upon by both Houses of Parliament Then this following Paper drawn by the forementioned Committee was read and afterwards Voted A Paper concerning his Majesties coming to the House of Commons in vindication of Privileges their adjournment to Guill-Hall London Whereas his Majesty in his Royal Person Yesterday being the 4th of Jan. 1641. did come to the House of Commons with a great multitude of Men Armed in a War-like Manner with Halberds Swords and Pistols who came up to the very Door of this House and placed themselves there and in other Places and Passages near to the House to the great Terror and Disturbance of the Members then thereof sitting and according to their Duty in a peaceable and orderly Manner treating of the great Affairs of both Kingdoms of England and Ireland and his Majesty having placed himself in the Speaker's Chair did demand the Persons of divers Members of that House to be delivered unto him It is this Day declared by the House of Commons That the same is a high Breach of the Rights and Priviledges of Parliament and inconsistent with the Liberty and Freedom thereof And therefore the House doth conceive they cannot with Safety of their own Persons or the Indemnities of the Rights and Priviledges of Parliament sit here any longer without a full Vindication of so high a Breach of Priviledge and a sufficient Guard wherein they may confide for which both Houses joyntly and this House by it self have been humble Suitors to his Majesty and cannot as yet obtain Notwithstanding which this House being very sensible of the great Trust reposed in them Especially at this time of the manifold * Which they had occasioned Distractions of this Kingdom and the lamentable and distressed Condition of the Kingdom of Ireland doth Order That the House shall be adjourned until Tuesday next at One of the Clock in the Afternoon and that a Committee to be named by this House and all that will come to have Voices shall sit at Guild-Hall in the City of London to morrow Morning at 9 of the Clock and shall have Power to consider and resolve of all things that may concern the Good and Safety of the City and Kingdom and particularly how our Priviledges may be vindicated and our Persons secured and to consider of the Affairs and Relief of Ireland and shall have Power to advise and consult with any Person or Persons touching the Premisses and shall have Power to send for Parties Papers and Records And it is further Ordered That the Committee for Irish Affairs shall meet at the Guild-Hall aforesaid at what time they shall think fit and consult and do touching the Affairs of Ireland according to the Power formerly given them by this House And that both of the said Committees shall report the Results of their Considerations and Resolutions to the House Then it was resolved upon the Question That it shall be thus Ordered The Committee appointed to sit at Guild-Hall Mr. Chancellor of the Exchequer Mr. Glyn Mr. Whitlock L. Falkland Sir Philip Stapleton Mr. Fiennes Sir Ralph Hopton Sir John Hotham Sir Walter Earl Sir Robert Cooke Sir Thomas Waslingham Sir Samuel Rolls Mr. Pierrpoint Mr. Walther Long Sir Richard Cave Sir Edward Hungerford Mr. Grimston Sir Christopher Wray Sir Benjamin Rudiard Sir John Hippesley Mr. Herbert Price Sir John Wray Sir Thomas Barrington Mr. Wheeler Sir William Litton And this Committee are appointed by the former Order and are to pursue the Directions of the former Order and all that will come are to have Voices at this Committee These Resolutions following Orders concerning Ireland to exhaust the King's Stores being the Sum of what was agreed upon by the Committee of both Houses for Irish Affairs were this Day presented to the House and read and by Vote upon the Question ordered accordingly That the Arms and Ammunition of all Sorts with the Ordnance at Carlisle be sent into Ireland to Carrickfergus for Supply of those Parts of the North of Ireland and the Arms to be Ordered as my Lord Lieutenant shall direct That for a further Supply of those Parts and for the Arming of those two Regiments under the Lord Conway and Sir John Clotworthy that there be sent from the Tower 1000 Muskets with Bullet and Match proportionable 1500 Swords 10 Last of Powder these Arms and Ammunition to be sent thither and ordered and disposed of as the Lord Lieutenant thinks fit That 10 Last of Powder with Bullets and Match proportionable be sent from the Tower to Munster to be delivered to the Lord President of Munster or whom the Lord Lieutenant thinks fit That 2000 l. be Ordered to be delivered to Sir William Brereton upon Account for Payment of the 300 Horse now at Chester and for their transportation out of the Subsidies or Poll-Money That 3000 l. be assigned to be received in Cheshire or Wales out of the Subsidy or Poll-Money by the Victualler for the present Relief of Dublin and Drogheda That 2000 l. be delivered to the Victualler of Carrickfergus who is ready to set on the Work here having a Ship at his Charges in the River The Commons had as a Committee sate at Guild-Hall in the Morning where it seems there were great Debates concerning the Breach of Priviledges upon which Subject I find in the Prints of those times some Speeches enumerating some of the Priviledges of Parliament at least then reputed so which whether they remain so still I leave to the decision of those who are concerned The Speeches were as follows Mr. Speaker THere are no Courts of Judicature in this Kingdom of England Mr. Grimston's Speech at the Committee sitting at Guild-Hall Jan. 5. concerning Breach of Priviledges c. but they have several Rights and Priviledges appertaining and belonging unto them and have such Power and Authority in the several Jurisdictions of the same Offices that they may call to an account prosecute and bring to Judgment the Infringers and Breakers of the same Of all these Courts there is none yea put them all together they are not of such Power and Jurisdiction but inferior and subject to the Ordinances and Statutes of the High Court of Parliament Mr. Speaker of such awful predominancy is the very Name of a Parliament to this Nation that it strikes with Terror and Despair all such Evil Doers as are Male-factors in the State On the contrary side it cherishes and comforts the drooping spirits of men
he might Arrest them of High Treason And whereas afterwards the next day His Majesty in His Royal Person came to the said House attended with a great multitude of men armed in warlike manner with Halberts Swords and Pistols who came to the very door of the House and placed themselves there and in other places and passages neer to the said House to the great terrour and disturbance of the members then sitting and according to their duty in a peaceable and orderly manner treating of the great affairs of England and Ireland And his Majesty having placed himself in the Speakers Chair demanded of them the Persons of the said members to be delivered unto him which is a high Breach of the Rights and Priviledges of Parliament and inconsistent with the Liberties and Freedome thereof And whereas afterwards His Majesty did issue forth several warrants to divers Officers under His own hand for the apprehension of the Persons of the said members which by Law he cannot do There being not all this time any Legal charge or accusation or due Process of Law issued against them nor any pretence of charge made known to that House All which are against the Fundamental Liberties of the Subject and the Rights of Parliament Whereupon we are necessitated according to our duty to declare And we doe hereby declare that if any person shall arrest Mr. Hollis Sir Arth. Haslerig Mr. Pym Mr. Hampden and Mr. Strode or any of them or any other Member of Parliament by pretence or colour of any Warrant issuing out from the King only is guilty of the Breach of the Liberties of the Subject and of the Priviledge of Parliament and a publick enemy to the Common-Wealth And that the arresting of the said Members or any of them or of any other Member of Parliament by any Warrant whatsoever without a Legal Proceeding against them and Without consent of that House whereof such Person is a Member is against the Liberty of the Subject and a Breach of Priviledge of Parliament And the Person which shall arrest any of these Persons or any other Member of the Parliament is declared a publick Enemy of the Common-Wealth Notwithstanding all which we think fit further to declare That we are so far from any endeavours to protect any of Our Members that shall be in due manner prosecuted according to the Laws of the Kingdom and the Rights and Priviledges of Parliament for Treason or any other Misdemeanours That none shall be more ready and willing then we our selves to bring them to a speedy and due tryal being sensible that it equally imports us as well to see justice done against them that are criminous as to defend the just Rights and Liberties of the Subjects Mr. Whitlokc's Reports from Grocers-Hall Jan. 8th 1641. and Parliament of England And whereas upon several examinations taken the seventh day of this instant January before the Committee appointed by the House of Commons to sit in London it did fully appear that many Souldiers Papist and others to the number of about 500. came with his Majesty on Tuesday last to the said House of Commons armed with Swords Pistols and other weapons and diverse of them pressed to the door of the said House thrust away the door-Keepers and placed themselves between the said door and the ordinary attendants of His Majesty holding up their Swords and some holding up their Pistols ready Cock'd near the said door and saying I am a good Marksman I can hit right I warrant you and they not suffering the said door according to the custom of Parliament to be shut but said they would have the door open and if any opposition were against them they made no question but they should make their party good and that they would maintain their party and when several members of the House of Commons were coming into the House their attendants desiring that room might be made for them some of the said Souldiers answered A Pox of God confound them and others said A Pox take the House of Commons let them come and be hang'd what a doe is here with the House of Commons and some of the said Souldiers did likewise violently assault and by force disarm some of the Attendants and servants of the Members of the House of Commons waiting in the Room next the said House and upon the Kings return out of the said House many of them by wicked oaths and otherwise expressed much discontent that some Members of the said House for whom they came were not there and others of them said when comes the word and no word being given at His Majesties coming out they cryed a lane a lane afterwards some of them being demanded what they thought the said company intended to have done answered That questionless in the posture they were set if the word had bin given they should have fallen upon the House of Commons and have cut all their throats Upon all which we are of opinion that it is sufficiently proved that the coming of the said Souldiers Papists and others with his Majesty to the House of Commons on Tuesday last being the fourth of this instant January in the manner aforesaid was to take away some of the Members of the said House and if they should have found opposition or denyal then to have fallen upon the said House in an hostile manner And we do hereby declare that the same was a Traiterous design against the King and Parliament And whereas the said Master Hollis Sir Arthur Hasterigg Mr. Pym Mr. Hampden Mr. Strode upon report of the coming of the said Souldiers Papists and others in the warlike and hostile manner aforesaid did with the approbation of the House absent themselves from the service of the House for avoiding the great and many inconveniencies which otherwise apparently might have hapned Since which time a printed paper in the form of a Proclamation bearing date the sixth day of this instant January hath issued out for the apprehending and imprisoning of them therein suggesting that through the Conscience of their own guilt they were absent and fled not willing to submit themselves to justice We do further declare That the said printed paper is false scandalous and illegal and that notwithstanding the said printed paper or any Warrant issued out or any other matter yet appearing against them or any of them they may and ought to attend the service of the said House of Commons and the several Committees now on foot And that it is lawful for all persons whatsoever to lodge harbour or converse with them or any of them And whosoever shall be questioned for the same shall be under the protection and priviledge of Parliament And We do further declare Mr. Glyn reports from Grocers-hall Jan. 10th 1641. That the publishing of several Articles purporting a form of a charge of high Treason against the Lord Kimbolton one of the Members of the Lords House and against the said Mr. Hollis
it Imboldned those to Enter into Actuall Rebellion who if any considerable Force had been sent to Suppress them would difficultly have Exposed themselves and their Posterity to Infamy and Ruin of which for their former Rebellions against the Crown of England their Nation was able to produce so many fatal Instances But all these unhappy Circumstances concurring the generality of the Nation of the Romish Religion became in a little time actually ingaged in the Rebellion and incouraged by their Multitudes and some little Successes they managed their Affairs with that Barbarous Cruelty and Inhumanity as will not only leave an Eternal Infamy upon the Actors but thereby they Treasured up such a stock of Divine Vengeance as afterwards fell upon their own Heads in the most remarkable Retaliations that any Ages had seen or almost any Nation felt But among all their Bloody Actions and Impolitick Policies their contributing to Murder the Reputation of the Best of Princes was certainly one of the greatest of their Crimes and for which they paid the dearest For by giving out such Reports as they did that they were the Queens Army and that they had a Party in England which would assist them the Faction of the two Houses whose Malice was Rampant against the King laid so much force upon these Calumnies that the King to vindicate his Reputation from the Popular Odium of these Reports was obliged to commit a great Power of the Irish Affairs and to intrust much of the War in the hands of the two Houses and to divest himself almost of all Power of shewing them Mercy or granting them Pardon And it is incredible how much Mischief these Reports did to his Majesties Affairs and what deep Impressions these Stories which were only little Artifices to countenance their Rebellion made in the minds of the Common People of England who at that time were prepared to receive without the least doubting whatever was pronounced by the Leaders of the Faction to be true And because it may caution Posterity against such fatal Credulity I will present the Reader with some Papers which have come to my Hands in searching among the wast Papers of the Clerks Office of the Commons House whereby he will be able to see with wonder that so great a Structure of Rebellion should be built upon so narrow a Foundation I know that Fame is a persect inverted Cone or Pyramid which from some small point still the higher it rises the wider it spreads The first Paper is a Letter under Sir Phelim O Neals own hand and the very Original Letter which was sent by the Person to whom it was Written as I suppose to some of the Scotish Nation and by them handed to the Commons House and was in these words Honoured Sir I Have appointed Captain Turlogh O Neale A Letter of Sir Phelim O Neils to Sir William Hamilton with his Forces to go down into your Parts to defend and maintain the Catholick Religion Wherefore I would intreat you if you give us no help as all other Catholicks in England and Ireland do to keep your self quiet at home and to send the said Forces your best advice you shall receive no hurt where I can do my self or you good and so with my Service unto your self and my Honoured Lady of Strabane unto whom I shall be ready to perform any Service In the Power of Phe. O Neill 23th November 1641. I am to be with the Forces of Evagh Monaghan and Cavan to meet our Conaght Lords at Dery very shortly Superscribed For his much Honoured and very Loving Friend Sir Will. Hamilton Knight these with my Service Pass From this one Parenthesis as all the Catholicks of England and Ireland do the Faction improved the Scandal not only to the Ruin of the Reputation of all the Papists in England but by virtue of those words and their Adherents Popishly Affected which always followed at the heels of the Papists they drew in the Bishops and Episcopal Clergy and all the Loyal Nobility and Gentry and Commoners of England into this Drag Net of Scandal and possessed the Vulgar especially of London with a most Unalterable belief that there was the same Design by the Prelates Papists and Evil Councellors of the King to act the same Cruelties against them as the Rebels had done against the miserable Protestants In Ireland and this was one of the greatest Arts by which they raised and supported the insuing Rebellion in which as they grew in strength and success they shook hands so far with all modesty and duty as to reproach even the King himself with these horrible Calumnies and Defamations This following Letter was also Intercepted going to France and brought to the House of Commons Corke this 20th of November Loving Brother A Letter from one Mr. Roche Intercepted going to France YOur last Letter I have received being very glad of your forwardness in your Studies you shall understand that our Mother and all our Friends are in good Health I doubt not but my Cousin James doth Supply your Wants if not certifie me thereof that I may see you Supplyed by another who very willingly will do it I hope your Brother Morris will be one of the first that will go that way and that shortly there be a great number of Irish Catholicks out in Ulster who have taken many Towns and Castles there and daily do increase in Men Their Cause of Rebellion as they say was for fear they should be Troubled for their Religion and to no other intent and if that they can have freely they will put up their Arms and refer themselves to the Parliament here if this they cannot have we are like to have a troublesom time in this Kingdom God send us Peace They call themselves the Queens Army they could never in so short a time have accomplish't what they have done if they had not some great ones to help them which is not discovered as yet God send us not less Liberty then we had and then we shall not need to complain Write to Dominick Coping Esq and give him thanks for the 40 s. ayear he was pleased to give you during your Study though as yet he gave me none yet certifie him of the receipt of so much by my Order and then I shall have it So having no more at this time but my Love to your self my Bedfellow and little Morris remember their Love to you and so I rest Your Loving Brother John Roche Directed A Monsieur Monsieur Jaques de la Roche Estudient Ibernois au College de Raiemes Solit donne A Paris See here the most horrible Scandals afterwards fixed upon the Queen and the King himself by the Calumniating Faction built upon the pitiful Foundation of an as they say and they call themselves the Queens Army and the conjectural Opinion of a private Person that the Rebels as he calls them had some great Ones to help them which the leading Men of
who invaded England faithful and Loyal Subjects in all Churches and Chappels upon the Thanksgiving Day between the Kingdoms of England and Scotland it was desired by the Commissioners of Scotland that the Loyalty and Faithfulness of his Majesties Subjects might be made known at the time of the Publick Thanksgiving in all Places and particularly in all Parish Churches of his Majesties Dominions which Request was graciously condescended unto by his Majesty and confirmed by the aforesaid Act. It is now Ordered and Commanded by both Houses of Parliament that the same be effectually done in all Parish Churches throughout this Kingdom upon Tuesday the 7th day of September next coming at the time of Publick Thanksgiving by the several and respective Ministers of each Parish Church or by their Curates who are hereby required to read this present Order in the Church Thus did they resolve not only to conquer but to triumph and this was also to be a little kind of Shibboleth for the Clergy for who ever did either speak any thing against the Scots or declined this Declaration of their Loyalty and Fidelity to the King which it was very difficult for Men of sense to believe and therefore more hard for Men of Conscience to declare were certain to be esteemed Malignants and upon the least Complaint were sure to be sent for in the Custody as Delinquents It was also Ordered That Mr. Marshal and Dr. Marshal and Burgess to preach before the Commons upon the Thanksgiving Day A Petition of some Merchants to seize some Parts of America Burgess be desired to Preach before the House of Commons upon the Thanks-Giving Day at St. Margarets Church in Westminster A Petition was presented to the House by several Merchants about the Town consisting principally of three Heads 1 That there might be a certain number of Ships well appointed and stored with Ammunition and Provision for such a Service to be sent to America and some Part to Affrica whereby we might possess our Selves with the Riches of those Countries 2 That the Spanish Party is now grown weak which may induce us with greater alacrity to attempt it 3 That we may thereby become possessed of the Command of both the North and South Seas which will both increase Commerce Shipping Sea-Men and Trade at Home and render us Formidable and Powerful Abroad The Lord Keeper signified to the House that he had received a Letter from the King at Edenburgh by Mr. Anthony Nichols who was the Express sent from both Houses to His Majesty in Scotland The Letter was read in haec verba RIght Trusty and well Beloved We greet you well Whereas We have understood by the Petition of both Houses of Our Parliament in England The King's Letter to the L. Keeper about the Commission to the Committees of both Houses which Anthony Nichols Esquire hath been imployed to Vs from them that they are resolved to send down certain of their Members for to see the Ratification of the Treaty of Pacification by the Parliament here and to that end have desired a Commission under Our Great Seal We do not hold necessary to sign any such Commission but are hereby graciously pleased to give leave to the said Members to come and attend Vs here in Scotland to see the Ratification of the said Treaty and what else belongs thereunto and this We require you to signifie unto both Houses from Vs Given under Our Signet at Our Court of Edenburgh and the 25th Day of August in the 17 Year of Our Reign Such was the Ungovernable Insolence of the Rabble of those who called themselves the Well-Affected Party by their having been indulged because not severely Punished in the Case of the Earl of Strafford that upon every Occasion like a Fire ill quenched they broke out into Disorder and Outrages which was the Occasion of this following Order of the Lords UPon Information this Day to this House An Order of the Lords about the Tumults concerning the French Ambassador Aug. 30. 1641. that the French Ambassador and his Servants hath been lately Assaulted in his own House by a Company of Rude and Insolent People unto the great Dishonor of Our Nation and to his Lordships insufferable Wrong Injury and Dishonor whereof this House is very sensible and do intend that all possible Diligence be used for the finding out of the Malefactors for the Punishment of them to the Example and Terror of others that none may presume hereafter to commit the like Outrages to any Ambassadors of whom this House will always take regard It is therefore thought fit and Ordered by this House That Mr. Hooker Mr. Long Mr. Whittacre and Mr. Shepheard his Majesties Justices of the Peace or any two or more of them shall speedily take this Business into their Examination and by all Dilligence that may be used find out the said Malefactors and to Imprison them until they find out Sureties for their good Behavior and to appear in this House on Monday the 6th of September 1641. to undergo such Punishment as their Lordships shall think fit to inflict upon them for their said Offences and Misdemeanors so committed as aforesaid And that the said Justices of the Peace having throughly examined the Business shall make Certificate unto this House on the said sixth day of September next of all the whole Matter and how they find it that thereby their Lordships may proceed therein according to that which shall be Just And lastly That the aforesaid Justices shall give Order That there shall be Watch set according to Law for the better securing the Safety of the Ambassador and his House and for preventing Disorderly and Tumultuous Assemblies Ordered That the Lord Great Chamberlain Lord Chamberlain Earl Warwick Lord Kymbolton do acquaint the French Ambassador from this House that their Lordships have taken this Business into Consideration The House of Commons also took the Case of Sir John Corbet into debate whe for saying at a Quarter Sessions in the County of Salop That the Muster Masters Wages throughout England were illegal and against the Petition of Right c. had been Imprisoned and Fined by the High Commission Court and it was Ordered That the late Lord Keeper Coventry the Archbishop of Canterbury and others who were the Occasions of it shall make him Reparations for his Sufferings and Damages and a Conference was desired with the Lords upon it where the Managers of the Commons delivered to their Lordships a Transmission of an Impeachment concerning the Cause of Sir John Corbet a Member of the House of Commons against the Earl of Bridgwater the Lord Privy Seal the Archbishop of Canterbury the Lord Cottington the Lord Newburgh and the two Secretaries of State in which the House of Commons desire that the several Persons whom it concerns may be called to answer and that their Lordships would proceed therein according to Justice and that Sir John Corbet may have Reparation for his Imprisonment