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
in his Examination denies absolutely his hearing any such words he sayes indeed he conceives there was intended some Extraordinary wayes of raising money which my Lord Strafford sayes was meant of borrowing 3 or 400000 l. my Lord Marquess Hamilton remembers no such words Then he desired the Lord Treasurer might be examined who averred he never heard my Lord Strafford speak any such words The Lord Cottington averred the same only he heard my Lord Strafford say The Parliament had not provided for the King or had left the King without money which was no more then truth And to the extraordinary wayes That my Lord said the King ought to seek all due and legal wayes and use his Prerogative Castè Candidè and so my Lord concluded That Mr. Secretarie's at most was but a single Testimony of Words which by the before recited Statute requires two sufficient Lawful Witnesses or the voluntary confession of the Party He desired that the Antecedents and Consequents of his words might be taken together and that being spoken of a Case of extreme necessity and the King 's using his Power candidè caste and they would not with those restrictions and limitations with which he spake them he hoped appear so criminal And forthis purpose he desired the Earl of Northumberland's Examination might be read which was That he heard the Earl of Strafford often say That that Power was to be used Candidè Castè and an account thereof should be given to the Parliament that they might see it was only so used That further the Earl of Strafford said That the Kingdom could not be happy but by good agreement between the King and his People in Parliament The Marquess of Hamilton also being Examined attested the same and that heard him speak those words both before and after the Parliament and that it was upon the Occasion of his informing the King that the Scottish Army would certainly invade England Lord Goring and Sir Thomas German attested to the same Effect Lord Treasurer said he remembered the words but not the particular occasion He then added That as this was his meaning so it was cleared to be so by the subsequent Actions for nothing had been done upon it against the Laws and Customs of the Realm that these words were spoken in full Council where he was upon Oath to speak his Conscience and had he not done so he must have been perjured and if he must be either perjured to God or a Traytor to man he had learnt to fear him who can destroy both Soul and Body and not Man who can only kill the Body That it was but his Opinion if held pertinaciously may make a man a Heretick not a Traytor yet he was not pertinacious he pressed it no further nor was any thing done upon it He further desired their Lordships to consider the great Trusts and Thoughts they were born and bred to for the weighty imployments of the Kingdom but this would disable and discourage men from that service if a Councellor delivering his Opinion shall upon mistaking or not knowing the Law be brought into Question for his Life and Honour and Posterity and that few Wise and Noble Persons would upon such unsafe terms adventure to be Counsellors to the King humbly beseeching their Lordships to think of him so as not to bring an inconvenience upon themselves and Posterity To this Mr. Whitlock replyed That whereas my Lord Excuses his words as being only concurrent with the Vote of Council it is evident some were of another Opinion Managers reply That whereas he sayes he therefore gave advice conceiving the Scots Demands strook at the Root of Government it is plain they did not being since by Royal Assent made Acts of Parliament in Scotland it was his Resolution his Advice there should be an Offensive War For staying the Ships they will not insist upon it For his saying The King 's helping himself was a Natural Motion to do it against the Will of the Subjects was a Violent Motion and his Lordships Design and for helping the King in other wayes if the Parliament were Dissolved he was willing it should be so by proposing Supplies before Redress of Grievances and before a Resolution Whether they would give to inform against the Parliament by mis-information and for the Parliament of Irelands Resolution and Declaration it was by his procurement being Chief Governor there And for Vsing the Army against England admitting the primary Intention were to land them in Scotland but when the Army was landed his Intentions might change and it seems it was by his labouring to perswade the King to make Vse of it to reduce this Kingdom That no Answer was given by my Lord to those words That the King was not to be Mastered by the frowardness of his People c. That notwithstanding the Stat. of Ed. 6. it is High Treason to advise the Destruction of the King and though the words in themselves are not Treason yet as they declare an Intention of Subverting the Laws and Government of the Kingdom they are That Mr. Treasurer swears the words affirmatively and that others did not hear disproves not his Testimony but comparing all together it appears his Intention was to bring in that Army to reduce this Kingdom That His Majesty must not be mastered implyes he must master them and that by the force of others and to compel the Subjects to submit to an Arbitrary Power That nothing was done upon those Councels is no Excuse to him it is an Obligation to the Subjects to Love and Honour the King for rejecting them but yet some things were done which my Lord will never be able to justifie concluding That this was not only Crimen laesae Majestatis but also Reipublicae Mr. Maynard seconded Mr. Whitlock observing That my Lord had taken such a course to weaken the Testimonies that allowing it nothing will be so strong but he will take off the strength of it and that is by taking them in pieces and then saying they are but single Evidence whereas it is Evident that upon all occasions he spoke such words if his Adverbs Candidè Castè must be applyed to what is lawful they were needless and truly he may say it was done Cautè thô not Castè The Case comes to this There was a Parliament Sitting a little before he casts out words about raising Money which must be made good by Adverbs Money must be raised in an Extraordinary way the Parliament is broken a Necessity made and Soldiers must be brought in to make good these wayes take these asunder and my Lord will make it a good Action but taken together they make good the Charge and that though Treason is not in his words but in his wicked Counsels Mr. Glyn took up the Bucklers and added That he had ascended the Throne and by ill Counsels endeavoured to infuse his Venom into the King's Person and to Corrupt the Fountain but
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
particulars we shall make a fit and proper Answer to them But in the mean time we are sure whatsoever was the reason it was not Justice nor love of Truth that was the reason 6. He saith in the Sixth place He had no other Commission but what his Predecessors had And that he hath Executed that Commission with all Moderation For the Commission it was no Virtue of his if it were a good Commission I shall say nothing of that But for the second part his Moderation when you find so many Imprisoned of the Nobility so many men some adjudged to Death some Executed without Law when you find so many publick Rapines on the State Soldiers sent to make good his Decrees so many Whippings in defence of Monopolies so many Gentlemen that were Jurors because they would not apply themselves to give Verdicts on his side to be Fined in the Star-Chamber Men of Quality to be disgraced set on the Pillory and wearing Papers and such things as it will appear through our Evidence can you think there was any Moderation And yet truly My Lords I can believe That if you compare his Courses with other Parts of the World ungoverned he will be found beyond all in Tyranny and Harshness but if you compare them with his Mind and Disposition perhaps there was Moderation Habits we say are more perfect than Acts because they be nearest the principle of Actions The Habit of Cruelty in himself no doubt is more perfect than any Act of Cruelty he hath Committed but if this be his Moderation I think all men will pray to be delivered from it And I may truly say that is verified in him The Mercies of the Wicked are Cruel 7. I come to the Seventh and that is concerning the King's Revenue That he hath improved it from 57000 l. to 10000 l. and that he hath done it by Honourable and Just ways That he hath made the Kingdom able to Support it self That he hath improved the King's Revenue by many rich and great Purchases That he hath saved the Charge of the Navy by bearing 7000 l. a Year in Ireland which was born here before And then he saye for a Conclusion That he never took Money out of the King's Exchequer My Lords I must run over all these For the Enlargement or Increase of the Revenue of that Kingdom I think there is a little fault in his Arithmetick but I will not charge him with that now But for his Honourable wayes of Increasing it if Monopolies if Vexation of the Subject be Honourable ways we shall leave that to your Lordships to judge But most of his increases are made upon Monopolies It is true there is another way of bargaining but it hath been mixed with Rigour and Rapine and Injustice Men have been driven out of their Estates Offices have been found by force Men have been driven to resign their Estates And is this a Just way of improving a King's Revenue that I shall submit to your Lordships Then he says He hath made the Kingdom able to Support it self My Lords He that hath no Harvest of his own must Glean after another man's Reapers Truly this was none of his work The Kingdom was able to subsist of it self before he came thither For that we shall Appeal to the Records of the Exchequer betwixt the Year 1622 and the time of his Government which was Nine years at least during which nothing went out of this Kingdom to the support of that Island The 7000 l. for the Navy was born in Ireland before his time a year or two so he comes near the truth of that yet misses a year of the truth But if it were true hath it been only by the ordinary Revenue that it hath supported it self He hath had Six Subsidies a year or two of Contribution which the Irish gave towards the supporting of the Charge of Ireland It was not his Husbanding nor his Managing of the Revenue And truly if the Kingdom were able to support it self as it was before he came thither by the Revenue of the Kingdom and by the help of that Contribution it would be very fit since there may be many Increases since to know what is become of 300000 l. for six Subsidies and of the Contribution Money and indeed there is a great suspition that that went another way But that you may the better observe his Husbandry I shall speak of his last Years Accompt the 20th of March now something more than a Year since the Vnder-Treasurer delivered an Account on which there was 101000 l. remaining in the King's Coffers Since that time there hath been received 112000 l. for the King I speak of round Sums My Lords I leave out pounds and pence and such things This is 213000 l. He hath received out of the Exchequer in England 50000 l. There are Debts in Ireland 60000 l. and what other Debts we know not Here is above 320000 l. consumed in a Year which is almost as much as Queen Elizabeth consumed in any Year when Tyrone was in Rebellion and an Army of Spaniards was there My Lords He saith he never took Money out of the Exchequer if he rests in that Affirmation it will be very near truth yet serves but to shadow a falshood which is worse to cover and to glaze under such a Colour of Truth as that is a notable Falshood My Lords It is true he hath taken no Money out of the Exchequer but he could be content to take from the Vnder-Treasurer of the Exchequer 24000 l. about two years since and to keep it for his own occasions when the King's Army was in want And he paid it in but lately And before I pass from this matter of the Revenue give me leave to speak something of the Increase that comes in by the Customs It is true there is a great increase but if your Lordships look to the beginning of that bargain you shall find the notablest Cozenage that ever was offered to a Prince in one that was a sworn Servant and intrusted with so great a Charge It will be more fully opened in the Article that concerns the Customs but I shall speak of it a little He made a bargain and under pretence of getting of 1350 l. gain to the King he gave cause of Allowances and Defalcations whereby he took forth of the King's Purse 6000 l. a year or very near which the King had before He laid new Additions of charge on the Customs which came to 12000 l. So that on a bargain of giving 1350 l. more than was reserved on the former Lease he was sure that when he made the bargain of gaining 18 or 20000 l. 8. But I shall pass from the Revenue of the Crown to the Revenue of the Church which is in the 8th place He saith he hath been a great Husband for the Church and truly hath brought in many Lands to the Church but he hath brought them in by wayes without Law without
single Testimony that on the matter confesses the thing in a great part For the increase of Shipping the Gentleman question'd it not Increase of Shipping and really there is now 100 Tun for one that was there before my coming And if I had time to send into Ireland for the Certificates of the Officer of the Ports the Surveyor I think who views the Ports once a Year it should appear to Your Lordships that I have not abused you nor the Honourable Gentlemen that hear me And whether that be an Argument that the Trade and Wealth of the Kingdom is improved I appeal to all that hear me when the Shipping doth so much increase And the Customs which were not above 13000 l. a year are come to 40000 l. and that on the same Book of Rates Concerning the Sentencing of Jurors Jurors Sentence in the Star-Chamber and the questioning of them in the Star-Chamber It is true divers of their Sentences were past And to those Sentences I refer my self till something be proved against the Truth and Justice of them And I think it will stand with Your Lordships Goodness to judge the best of the Court of Castle-Chamber wherein the Deputy hath but one Voice They being the King's Ministers and standing upon their Oathes to do their Duties But I think in my Conscience there was the greatest reason in the World to sentence those Persons And when it comes to be examined it will prove so And unless a strict hand be in that kind held upon the Natives the Priests shall carry them against all things that can be For either they do not or will not understand their Evidence so that it begets one of the most crying Sins in Ireland And if some Examples have been made they are upon strict Grounds and Reasons of State For if Jurors going directly and manifestly contrary to their Evidence be not punished that high and ancient Trial by Jury will fall And is it not ordinary in England to have Juries Sentenced for not finding according to the Evidence But if any one hath not been Just upon instancing of the particulars I will Answer for his Vote as well as I can For it must stand or fall according to the Merit of the Cause But one thing which I observe the Gentleman to say is very Considerable for he tells what was spent there this last Year This I have little to Answer for For when I came out of Ireland there was 100000 l. in the exchequer and how it hath been issued I know not but it hath not been done by my Warrant or Direction yet I doubt not but it will appear when examined that it hath been faithfully and justly disposed But I am not to Answer for it only I can say That when I came out of that Kingdom the Kingdom was so far from being 60000 l. in Debt as some such thing was spoken that there was 100000 l. in the King's Coffers And for the 50000 l. received by me in England Mr. vice-Vice-Treasurer in Ireland is Accomptable for it though Mr. Vice-Treasurer never touched the money and my self as little And Mr. Vice-Treasurer discharges himself of it by Warrants issued from me and charged it upon other Accomptants who when they come to Account I doubt not but a good Account will be given Though under favour of the Gentleman of the 50000 l. 14000 l. is yet unpaid only there is an Assignment But it lies on him and his Credit for discharge of the Kings Service And it must lye on him or on some other person if himself have nothing left him And whereas it is said the money I had as borrowed was taken out when the King's Army was in want I desire Your Lordships to observe It was two Years ago when I had this money and then there was 100000 l. in Surplusage And though the King gave me Liberty of His Goodness to use it three Years it was not wanting to the Army when it stood in need of it The next thing urged was my Cozenage in the Custom-house and that I had there Cozened the King notably 5 or 6000 l. a year deep To Answer this I reserve my self till I come to the particular Article but desire leave with all Modesty to say That it shall appear I have not Cozened nor deceitfully abused His Majesty for a Farthing Token neither in that nor in any thing else And that there is no other Allowance nor Defalcation by the Grant wherein I am Interessed for 15600 l. a year and 8000 l. Fine then was allowed to the former Farmers that had it at the Rent of 13000 l. a year And that I have made the King a much more profitable bargain than he had or could have without it The next was for the Revenues of the Church That they were got without Rules of Justice And were an Offering of Rapine And that I had an Eye to my own Preferment in the Person of my Lord of Canterbury To that I have already Answered And thus having run over all the Preamble I humbly begg leave to make some Observations upon the Testimonies produced viz. That the Examinations of Sir John Clotworthy and my Lord Ranulagh I conceive do not concern me Mr. Barnewells was for things spoken when I was out of the Kingdom and were concerning Sir George Rateliffe and not me For the Remonstrances shewed wherein they disclaim the Preamble to the Act for four Subsidies I beseech Your Lordships to consider how unlikely it is that I should do any thing in that kinde fraudulently or surreptitiously For by the Custom of that Kingdom the Laws must be transmitted hither under the Hand of the Deputy and Council and so pass the Seal and be returned to Ireland when that Law was transmitted I was here in England as I take it And absolutely and directly I protest I never knew any thing in the World of that Preamble never saw it nor heard of it I think till I saw it in the Copy of the Remonstrance I never heard it was excepted against it having pass'd the Vote and three times reading in both Houses And I would have consented to have it struck out as in truth I will now being far from any thing of vanity and not thinking my self better or worse by being put in or out And if it were charged upon me as a Crime or were material for me to prove it I think I could by Witness in Town prove That it was the general Vote of the Commons House and passed with as much Applause and Chearfulness as any thing And if my Lord Dillon and Sir Adam Loftus and some other of the Irish Commissioners were examined upon Oath I believe they would Swear they never heard any Exceptions against it till the time I was Impeached with High Treason For the Particular concerning Sir Pierce Crosby it concerned not me but the reason of his being put from the Board was this All Laws must first be transmitted
because he had not sued out his Pardon and there continued till March 1637. The Lord Dillon deposed much to the same effect Lord Dillon Lord Ranulagh Earl of Cork only he said my Lord gave no Vote in the Sentence The Lord Ranulagh also deposed to the same effect and that during the Debate the Lord-Deputy spake not a word or gave them interruption The Earl of Cork deposed That when the Sentence was read in the Star-Chamber my Lord-Deputy said he would not lose his share in the honour of it Lord Dillon testified the same and that my Lord said it was a Noble and Just Sentence Then the Managers proceeded to the proving his Execution of Martial-Law upon another person and William Castigatt deposed Will. Castigat That one Thomas Denewit was hanged upon the bough of a Tree as was said for a quarter of Beef but knows not whether by a Jury and he takes it my Lord Strafford was present Lord Dillon testified the same and that it was for stealing Beef and running from his Colours The Earl Ranulagh deposed the same and that the Lord Conway offered Reasons why he should not die for the Fact his running away being occasioned by his Lieutenant's bidding him desiring to be discharged go and be hanged which he did leaving his Musket with the Corporal The Lord Conway said he remembred some such thing but imperfectly The Earl answered The Earl of Strafford's Defence That the Lord Deputies have ever Exercised Martial Law upon the March of the Armies as well in time of Peace as War That the Lord Mountnorris was condemned for Breach of two of those Articles Lord Wilmot wherein he was not Judge he produced the Lord Willmot who affirmed That he himself being General the Lords Faulkland Grandison and Chichester used it That in 3 or 4 Parliaments it was never complained of That to govern an Army without it is impossible occasions rise on a saddain in an Army and for Example sake must be suddainly redressed That there were Provost Martials in every Province From whence the Earl inferred Lord Dillon he had done nothing de Novo The Lord Dillon affirmed That Martial Law had been practised and men hanged by it in times of Peace as to Mountnorris his Sentence he offered a Letter to Secretary Cook Sir Robert Farrer to show that he was a Suitor to the King for him but it was not permitted to be read Sir Robert Farrer testified that my Lord Strafford said he would give no Judgment concerning the Lord Mountnorris and that he sate bare in token that he was no Judge That he desired the Court not to look upon him but go to the Cause Sir George Wentworth averred the same and that my Lord would not permit him to give his Vote in regard he was his Kinsman That what was done was by the Council of War and that before they met he did not acquaint them with the business That his design was only to discipline the Lord Mountnorris and teach him to govern his Speech with more modesty To Denwitt he confessed and justified it from necessity the Army being then upon march to Carlisle and if not punished it would have been of dangerous Example that the Facts were proved That he had before been burnt in the hand that the Law justifies him in it producing several Statutes of Ireland 20 H. 6. c 19. 7 H. 7. c 1.10 H. 7. which make running from the Colours Felony and are in force in Ireland The Managers Urged That the Statutes were against him for that Felony is to be Tryed at Common-Law and so intended by those Statutes Then the Earl of Ely was sworn who deposed That Martial Law was in use in the Kingdom of Ireland and was two-fold Summary and Plenary the first for Rebels and Kerns that kept the Wood the other in the time of War in the Field which ended when the Army was dissolved that the use of it was rare in regard of the damage to the King the party condemned losing only life not Goods and Estate To my Lord 's saying the Nobility lost their blood in the Conquest of Ireland They said This way their own blood may be spent in the Peace of Ireland and of England too Upon Monday they proceed to the 6th Article of putting the Lord Mountnorris out of Possession of 200 l. per annum Monday March 29. 7th Day Article 6. Lord Mount-Norris Mr. Anslow upon a paper Petition of one Rolstone The Decree was read and Lord Mountnorris deposed That he was put out by my Lord's Warrant August 29. 1637. Mr. Anslow deposed the same To this the Earl Answered That his greatest grief was that the Arrow came out of the Quiver of the House of Commons that in his grey hairs he should be misunderstood by the Companions of his Youth The Earls Defence if the Decree were just he hoped it would go far in the Case Justice knowing no priviledge of Peers above common persons that it was warranted by the Statute of H. 6. which saves the King's Prerogative as also by his Commission which authorized him to proceed secundùm consuetudinem terrae which was read That it was agreeable to the practise of former Deputies who Exercised it in the nature of a Court of Requests This he proved by Robert Dillon in the Lords Cork Ely Faulkland Robert Dillon Grandison and Chichester's times of Government Lord Dillon by Orders he had seen under their hands The Lord Dillon confirming it and that he had seen several Petitions under the Lord-Deputies hands alone That he never knew my Lord Strafford meddle with matters of Law with Equity he hath which the Earl confessed He further shewed the necessity of the procedure by Petitions the Irish being Poor the person that came against the Lord Mountnorris was in forma pauperis he produced several Warrants and Orders of former Deputies to that purpose one from the Lord of Cork and particularly in the Lord Mountnorris his Case as appeared by the Decree read it was for the relief of a poor man whom my Lord Mountnorris had oppressed and violently possest himself of Lands to the value of 200 l. per annum that the Lord Mountnorris was kept in prison for contempt at the King's Suit in Star-Chamber and not for refusing to sue out his Pardon which he proved by Mr. Slingsby and Sir Adam Loftus and had he not had so short warning said he could produce the Orders of the Castle Chamber to make it Evident which the Lord Dillon also testified concluding That having authority from the King follewing the Rules and Practice of former Governors relieving the Poor who cannot follow a legal Process not intrenching upon the other Courts he hoped could never rise up in Judgment against him as Treason either in it self or by application To this Mr. Glyn Replied Manager replies That he would not acknowledg a cumulative Treason but must have
Treason over Shoes over Boots that being charged with Exorbitances destructive of Law he takes shelter under the King's Prerogative which was to cast a Scandal upon it before all that Assembly That his Letters Patents rise up in Judgment against him for betraying that Trust the King had reposed in him ad Custodiendum leges Regni the Orders he produces come not up to the point that a Deputy alone hath determined Matters of Possession Then Witnesses were Examined as to former Deputies the Earl of Cork Lord Ranulagh Sir Adam Loftus Lord Mountnorris and Earl of Bath who all deposed they knew no Deputy determine in matters of Land in Equity or other wise but some times in Matters of Debt for relief of poor men To Henry Dillon's Testimony they replied He had been sentenced at the Council Board for speaking untruths and produced his acknowledgment testified by Sir Adam Loftus and Lord Dillon That in the Lord Mountnorris 's Case he would not grant his Pardon though directed by the King's Letter till he acknowledged his Sentence to be just To this Mr. Anslow deposed the King's Reference That his Majestie is pleased that upon such submission as the Lord Deputy shall approve of he shall have his Liberty to come into England the Lord Deputy to take Notice hereof and Order therein accordingly That the Lady Mountnorris presenting her Petition accordingly upon her knees was rejected by the Lord Deputy Then an Order was produced and deposed by William Brettergh That the Earl of Strafford ordered the Possession in a Suit inter Robert Parkhurst and the Lord Baltinglass and others against the said Lord. To this The Earl's Defence being new matter the Earl replied That Parkhurst had a Clear Title to the Estate by Fine and Recovery and diverse Conveyances That the Lord Baltinglass desired him to see if he could procure him a further Summ of Money from Parkhurst and that it was Ordered with their Consent for the Jurisdiction if he had the Lord Faulkland 's Books of Entries he could make it appear that he had alone granted Warrants for attachment against Body and Goods for Distresses to Sherriffs for Possession of Lands and Injunctions to Judges at Assizes To the deportment of the Lady Mountnorris a Witness affirmed That the Earl told her when she delivered it on her knees That she had done him so great an injury that to have broke his head would have pleased him better My Lord Dillon affirmed that he desired her to rise and handed her to her Coach but received not the Petition acquainting her that he was going abroad The Manager said Mr. Strode The greatest Tyranny was the Earl of Strafford's keeping him in Prison till he should confess the Sentence just which in his heart he abhorred and held unjust My Lord then desired their Lordships to consider his disability and how little time was allotted him for every days defence upon which the Court was adjourned The 7th Article was for the present passed by Tuesday March 30. Artic. 8. and part of the 8th they insisting only upon the latter part of it about the Lady Hibbots Land of which he had dispossessed her and purchased it to his own use in the name of Sir Robert Meredith To this John Hoy was offered as a Witness John Hoy. but the Earl objected against him as swearing for himself he having Inheritance in the Lands Notwithstanding he was admitted and deposed That the Lady Hibbots contracted with Thomas Hibbots for the Reversion of certain Lands for 1600 l. but Sir Robert Meredith offering the said Thomas Hibbots 2250 l. he flew off from his Contract but afterwards for 2500 he perfected the Bargain and passed all the Estate that was in himself but having a Son the Ladies Councel informed her a Recovery was necessary which Hibbots would not stay to perfect upon which Hoy served him with a Subpoena That immediately the said Thomas procured a Petition to the Lord-Deputy to which the Lady and Hoy had time to answer till Thursday but upon a mistake in the Answer my Lord called for the Constable of the Castle and commanded a Warrant for the Commitment of the Council who fell on his knees and obtained forgiveness that desiring Hibbots might be Examined upon Oath and they would be bound by it and his Lordship granted a Warrant for it and he was almost Examined when my Lord-Deputy came to the Board and said Here is a business prosecuted with violence by my Lady Hibbots and an Order procured for the Examination of the Plaintiff but he would have it damned That after a Decree was made for Reassurance and the Estate was purchased for the Lord-Deputy in Sir Robert Meridith 's name that he paid 7000 l. to the said Sir Robert who told him he took it with one hand and carried it to the Castle with the other Thomas Hibbots was Examined Tho. Hibbots who deposed much to the same Effect The Lord Mountnorris and the Earl of Cork deposed That there were more Votes at the Board for the Lady Hibbots then against her To this the Earl answered That the Major part was for the Decree The Earl's Defence appears because there was the Order signed by the Clerk of the Council a sworn Officer who could not draw it up without the plurality of Voices being against the practice of the Board To prove which he produced the Examination of the Lord Primate who declared that to be the Practice and that he hath not known the Earl to press any Member of the Board contrary to his Opinion That he hath heard him profess he had but a single Voice Which the Lord Dillon also confirmed and from the constant Practice sayes he believes it was a Vote of the Major part nor remembers my Lord urged any Member to Vote and that in a Case of the Lord Ranulagh he would not have the casting Vote but referred it to an absent Counsellor who voting against the Lord Deputy the Order was drawn up so Sir Philip Manwaring said in effect the same For the threatning to Imprison the Lady it is Customary here in Chancery to those who will not perform Orders and without it there will be no Obedience To Hoy's Deposition He is interested and expects a Benefit Mr. Hybbot a weak Old man sayes backward and forward but there being a Complaint before the Lords he referred himself to the time he must answer it and as for Sir Robert Meredith and Sir Philip Pierceval 's saying they were not interested in the Purchase Hoy and Fitzgarret speak only by hearsay but when Sir Philip Pierceval is Examined it would be found otherwise he having never spoken to him in all his life about that business The Managers concluded That notwithstanding what my Lord had said they had proved his Exercising Arbitrary Power over the Estates of his Majesties Subjects and though my Lord's Pulse is still beating that this is no Treason yet it is an
it those for the King's Debts and by consent these not so that the Proclamation his Lordship mentions was an Offence in it self and Treason is no justification of Treason that for Bern 's Case if my Lord was in England yet if done by his Warrant it was the same thing To the Plea of the Deputies Power a Deputy in case of Rebellion may make a Defensive War but this was in a time of Peace and on the King's People under his Laws and Protection his Plea that because the King unless named is not concluded in any Statute is to apply Soveraignty to himself and that a Subject should not be comprehended more than the King himself as to the Repeal of 18 H. 6. the introducing of our Laws was not to Repeal theirs but to make a Consistance of both Laws so far as they both may stand together but this being matter of Law he leaves to those who are to give satisfaction to their Lordships hereofter That the Statute 11 Eliz. does not at all justifie the Earl that being made for Defence against Rebels not as the Charge was for things done in full Peace That the 2 Clauses of 25 E. 3. are to be considered separately for a man may levy War and not adhere to the King's Enemies And so he concluded that they had proved the Charge Upon the Earl's Motion not without some difficulty a day was granted for his refreshment and indeed it was no more then reasonable after such Expence of spirits in making and speaking his Defence against so many reputed the ablest men in England Upon Saturday the 16th Article was read Saturday April 3. Artic. 16. concerning his procuring from the King an Order That no complaints should be received in England unless Address were first made to the Deputy Mr. Palmer managed the Charge and first the Propositions concerning the Government of Ireland offered to his Majesty were read and the Order upon them That no particular complaint of Justice or Oppression be admitted here against any unless it appear the party first made his Address to the Deputy Then a Proclamation importing That all the Nobility undertakers and others that hold Estates and Offices in Ireland such only excepted as are imployed in his Majesties service in England should personally reside in Ireland and not to depart to England or any other place without Licence from the Lord Deputy any former Letter to the contrary notwithstanding c. so that all complaints were prevented and restrained from coming over into England To this Richard Wade deposed on Oath That my Lord Esmond sent him August 1638. Witness Richard Wade to Petition for Licence to go over to make an end of the Cause wherein my Lord Strafford was Plaintiff but was denyed that the Lord Esmond procured the King's Letter but could not yet get Licence Lorky deposed the same Lorky L. Roche The Lord Roche deposed That he was denied Licence intending to come over to justifie himself against an Information in the Star-Chamber James Nash deposed James Nash That in the Case of Mac-Carty my Lord after obtaining two dismissions of the Suit Decreed for Sir James Craig 5496 l. against Mac-Carty and on this Decree an Order to dispossess him of all his Fathers Estate That Mac Carty Petitioned for Licence to come into England but was denied both by the Lord Deputy and Sir Christopher Wainsford Henry Parry deposed Henry Parry That his Lord and Master the Lord Chancellor Ely being committed to the Castle of Dublin the Earl sent for him and commanded him to attend the Judges to be Examined about some Papers seized that he attended 6. dayes but his Lord having occasion to make use of his Friends interest sent him over into England to Sollicit HIs Majesty for Relief that here he was attached by Mr. Secretary Cook 's Warrant that he entred into Bond before he could be discharged of the Messenger to return into Ireland That after his Return he was Fined 500 l. and ordered to acknowledg his Offence at the Board and that he was imprisoned and utterly ruined that his Fine was reduced to 250 l. that he paid 184 l. Sir Robert Smith deposed Sir Robert Smith That having a Command from the House of Commons in Ireland to come over hither he was denyed Licence and a Restraint was laid upon Shipping upon that account Fitz-Garret Mr. Fitzgarret deposed to the same Effect Then the Irish Remonstrance was read importing the Fears they had of the Proclamation prohibiting their coming to England to obtain Redress of their Grievances from His Majesty After some Recollection The Earl's Defence the Earl made his Defence That he might very justifiably say that he had never in his life any thoughts or intentions before his going into Ireland or during his abode there but Justly and Faithfully to serve His Majesty and the Kingdom That as to the Order obtained from His Majesty the Reason annexed which was read would justifie it importing That it was not only a Justice to the Deputy but to the Government it self to prevent Clamors and unjust Complaints and that they might be redressed nearer home and no way to hinder any man's just complaint That for the Proclamation that it was warranted by the Laws of Ireland 25 H. 6. cap. 9. 26 H. 6. c. 2. whereby Subjects are restrained from going out of the Land upon forfeiture of their Estates without Licence from the King or his Deputy That by an Article preferred by the Irish Agents 1628. His Majesty was Petitioned to order the Residence of Vndertakers at least half the Year upon which His Majesty answered in these words ALL the Nobility Vndertakers and others who hold Estates and Offices within that Kingdom are to make their personal Residence there and not to leave it without Licence such persons Excepted only as are imployed in Our Service in England or attend here by Our Command Pursuant to which my Lord Faulkland's Instruction were in that particular verbatim the same being read Then he produced his Majestie 's Letter commanding the Proclamation Jan. 20. 1634. which was read and was in these words C. R. To the Lord Deputy of Ireland WHEREAS amongst other things in the Graces vouchsafed to Our Subjects 1628. We signified Our Pleasure That the Nobility His Majesties Letter to the Lord Deputy Jan. 20. 1634. Vndertakers and Others holding Estates in Ireland should be resident there and not to depart without Licence And being now given to understand That notwithstanding those Directions divers persons not of the meaner sort take liberty to pass into this Kingdom or Foreign Parts as if they understood not what they owed to Vs in their Duty or themselves in their evil Carriage which presumption we may not long suffer c. We do therefore hereby Will and Require you by Act of State or Proclamation to make known Our Pleasure That all Nobility Vndertakers and others that hold Estates and Offices
Subjects of the Scotish Nation inhabiting in Ireland for the Covenant sworn by some of their Countrey-men in Scotland without His Majesties Authority and Consent Their dislike thereof and the consideration that their causes of that action may be understood to reflect on the Petitioners though innocent They crave leave to vindicate themselves from so great a Contagion and desire his Lordship to prescribe a way by Oath or otherwise to free themselves from these proceedings to declare their acknowledgment of the King 's Regal Power and their dislike of that Covenant and of all other Covenants entred into c. without His Majesties Regal Authority which they are desirous to manifest by offering their Lives and Fortunes to vindicate the Honor c. of their Sovereign which they are ready to do in equal manner and measure with other His Majesties Subjects c. and divers names were to the said Petition subscribed In consideration of which Petition we cannot but commend the Wisdom of the Petitioners which we will not fail humbly to represent to His Majesty and for that we know many of this Kingdom have expressed good Affection to His Majesty and His Service and dislike those Disorders We hold it fit c. to free them the better from the Crimes and Scandals which their Countrey-men have gone into as also to free them from all prejudice and to approve to the King and to the whole World their Allegiance to him and his Regal Power and the dislike of that unlawful Oath and Covenant We do therefore Ordain That all and every Person of the Scotch Nation that inhabit or have Estates or any Houses Lands Tenements or Hereditaments within Ireland shall take the Oath herein expressed on the Holy Evangelists on pain of His Majesties High Displeasure The tenor of which Oath follows c. To several select persons c. Authorizing them to call before them and administer the Oath to every person of the Scotch Nation c. At such time and place c. And such Instructions as shall be in that behalf given by the Deputy and Council c. And to certifie the Names of all that take the Oath and if any refuse to certifie their Names Quality and Residences to the Lord Deputy c. And there is a Command That all of the Scotch Nation do appear before the said Commissioners at times by them to be appointed and to take the said Oath before them and that all persons may have due notice we think fit this be published Dated May 1639. To prove the Design of betraying Knockfergus Slingsby Mr. Slingsby Examined attested That it was Advertized that when the King was at Berwick one Trueman had writ a Letter for betraying the Castle there he was sent to Dublin and Examined remanded back Tryed found Guilty Condemned and Executed for the Fact My Lord added further That at the same time there was the like Oath and proceedings in England That what he did was for securing the Peace of Ireland and had it been done by himself solely as Deputy he humbly conceives it no Treason but he had the King's Letter of his own hand-writing which he produced as followeth WENTWORTH COnsidering the great number of Scots that are in Ireland The King's Letter to the Lord-Deputy about the Oath and the dangerous consequences may follow if they should joyn with the Covenanters in Scotland I hold it necessary you should use your best Endeavour to try them by an Oath not only to disclaim their Countreymens Proceedings but likewise never to joyn with any in Covenant or otherwise against Me To which purpose I Command you to frame and administer such an Oath to the abovesaid intent to my Scotish Subjects of that Kingdom that I may know the well from the ill-affected of that Nation of which fail not as you love my Service And so I rest Your assured Friend Ch. R. Dated 16 Jan. 1638. Whitehall That therefore having his Majesties Warrant he conceives doth justifie him and that he had rather suffer by his Obedience then dispute his Majestie 's Command As to the Fining of Stuart c. it was the Act of the whole Court of Castle-Chamber where he had but one Vote the greatness of the Fine was to shew the greatness of the Crime and that little of it was paid that to refuse the Oath of Allegiance is Praemunire in comparison of which this was a moderate Fine That there is nothing of Ecclesiastical concern but temporal Allegiance in the Oath To the words about the Scottish Nation he absolutely denied he ever spake them or thought them he owes more Honour to His Majestie 's Native Countrey and from his Soul wisheth it all Prosperity that he must be out of his Witts to call a whole Nation Traytors knowing many of them to be faithful Loyal Subjects whatever he spake was concerning the Faction in it as to the multitudes going away Sir John Clotworthy names not one of that multitude and if they did go rather then give that Pledg of their Allegiance who could help it As to the Schoolmaster 's Testimony he is positive that my Lord spoke the rancorous Words against the Scottish Nation Octob. 10. 1639. but he proved by Mr. Little and Mr. Ralton that he came from Ireland Sept. 12. 1639. a month before and was in London Sept. 21. 1639. and therefore being a single Witness and Evidently swearing false in the first part he hopes their Lordships will credit him accordingly As to the last he having not yet learned his Lesson perfectly that Loftus makes it another thing swearing the Earl said He hoped to root c. such as would not submit to the Ecclesiastical Orders whereas there are few of the Scottish Nation that do not submit He then produced Sir Philip Manwaring who attested Sir Philip Manwaring That he heard the whole Speech and that my Lord spoke only against a Faction of the Scottish Nation whom he would endeavour to bring to Obedience and that he Explained himself to speak of those of Ireland not of Scotland whose Laws and Customs he did not understand and that he heard not one word of Root and Branch or Stock and Branch but that he heard Mr. Wainsford Master of the Rolls commend my Lord for his Caution that he had reflected on the Faction not on the Nation Then my Lord concluded That he hoped nothing was proved against him of Treason for if Obeying Commands in this Case be so he confessed being not better informed if it were to do again he should be that Traitor over again Mr. Whitlock presently laid hold of this and said Managers Reply This justifying his Offence against Law in that Great Presence was a great aggravation of his Crime That it is well known a new Oath cannot be imposed without Assent in Parliament it is Legislativa Potestas That he obtained the King's Letter upon Mis-information As to Steward 's Sentence his fault is the
ready to assist His Majesty in any other way Sir Robert King deposed to Sir George Ratcliff's words about 30000 men and 400000 l and that the King could not want Money Sir Rob. King he had an Army The Lord Ranulagh deposed to the same Effect concerning Sir George Radcliff Lord Ranulagh Sir Tho. Barrington deposed Sir Thomas Barrington That on private discourse about the Parliament Sir George Wentworth said The Commonwealth was sick of Peace and will not be well till it be Conquered again Sir Robert King further said That the Lord Ranulagh was displeased at Sir George Ratcliff 's words conceiving it was an intention to raise Money forcibly in England and that they must turn their Swords upon them from whom they were descended and cut their Throats for their own Safety which the Earl confirmed by offering to sell the said Lord his Estate in Ireland though he thought they would be quieter there than in England From whence the Managers inferred his Design was against England To prove this Design Sir Tho. Jermin deposed Sir Thomas Jermin That he heard my Lord Strafford say something of the Parliaments forsaking the King The Earl of Bristol deposed The Earl of Bristol That discoursing of the Distractions of the Times the Mutiny of the Soldiers and Danger of a War with Scotland he proposed the Summoning a new Parliament as the best way to prevent those Desperate Vndertakings which discourse and his Reasons my Lord Strafford seemed not to dislike but said He thought it not counselable at that time in regard of the slow Proceedings of Parliaments and the real and pressing Dangers and that the Parliament had refused Supplies and therefore the King was to provide for the Safety of the Kingdom Salus Reipublicae being Suprema Lex and that the King must not suffer himself to be mastered by the stubborness and undutifulness of his people or rather Stubberness and disaffection of some particular men meaning some Members of Parliament as he conceives being discoursing of the Parliament The Lord Newborough deposed That he heard words to this Effect Lord Newborough That seeing the Parliament had not supplyed the King His Majesty might take other courses for Defence of the Kingdom But thô he cannot swear the Earl spake these words Earl of Holland he verily believes he heard him speak something to that purpose The Earl of Holland deposed much to the same Purport Then they proceeded to the 23. Article and the Examination of the Earl of Northumberland was read That in case of Necessity for Defence of the Kingdom if the People refuse to Supply the King the King is absolved from Rules of Government and that every thing is to be done for the Preservation of the King and his People and that by some discourses to His Majesty he believes if the King was not supplyed by Parliament some Course was intended to raise Money by Extraordinary wayes but that the Irish Army was to land in the West of Scotland and he hath not heard that these Forces were to be imployed in England to compel or awe the Subjects to pay Taxes imposed Sir Henry Vane deposed Sir Hen. Vane That upon debate of the Question Whether Offensive or Defensive War the Earl said Your Majesty having tryed all wayes and being refused in case of Extream Necessity for the Safety of the Kingdom you are loose and absolved from all Rules of Government you are acquitted before God and Man You have an Army in Ireland you may imploy it to reduce this Kingdom But he will not interpret whether my Lord meant England or Scotland but afterwards he said positively to reduce this Kingdom applying it to England Mr. Whitlock summed up the Evidence That it was clear my Lord of Strafford had a strong Design and Endeavour to Subvert the Fundamental Laws and Government of England and to bring in an Army upon us to force this Kingdom to submit to an Arbitrary Power That he would not aggravate these words which were to allay them having in them more Bitterness and Horror than he is able to Express After some little pause The Earl's Defence the Earl made his Defence And first to the Earl of Traquair's Deposition the said Earl sayes That it was the Resolution of the Council-Board and that he gave his Vote among the other Lords That if the Commissioners of Scotland gave not Satisfaction the King might put himself into a posture of War So that his Opinion was the same with the rest and he thinks himself in great Safety having the Concomitant Opinion of so many wiser Persons than himself And for the Earl of Moreton 's Deposition he hopes when the Council of England had resolved it it was no great Crime for him to say That the unreasonable Demands of Subjects in Parliament was a good ground for the King to put himself into a posture of Defence and for his saying it was not Religion but the Root of Government they strook at that he thinks he and every man that thought so had reason to say as he did As to Sir H. Vane the War being resolved and whether Offensive or Defensive the Question he hopes it is not Treasonable for a Privy Councellor to give his Opinion according to his Conscience to do so being their Duty and according to their Oaths and that he was as free to give his Reasons one way as any other person another As to the seizing the Ships Barnwell 's Testimony is only by hearsay but he will inform their Lordships by proof that the Scots Ships were stayed by the Lord Admiral 's Warrant which Mr. Slingsby attested so that the Earl said it might appear he was no such Stirrer or Incendiary between the King and his Subjects as he was represented To the 21 Article and the Lord Primate's Examination about the King 's using his Prerogative it is but singularis testis and only in way of Argument but that the words fairly construed and clearly understood have no ill sence for the King may use his Prerogative as he pleases because the King's Pleasure is always just and to think the King will use his Prerogative otherwise were a high Offence or to think he will use his Prerogative otherwise then as befits a Christian and Pious King To my Lord Conway 's Testimony That the King might help himself though it were against their Will He answered That to help a man's self is Natural for Self is the last Creature that leaves any person and what is natural to every man is so to the King who is accountable not only for Himself but his People To Mr. Secretary Vane 's Testimony That if the Parliament should not succeed he would be ready to assist His Majesty any other way He sees not where the heynousness or venom of the words is to endanger his Life and Honor and he conceives Mr. Treasurer said as much and the Wayes the King could command
or he serve him in he took to be lawful wayes and that in all Debates he concluded That the safest and surest Expedient was a Parliament to make both the King and People Happy As to his procuring the Parliament of Ireland to declare their Assistance in a War against the Scots he desired the Remonstrance of the Parliament before the 4. Subsidies might be read which was THat whereas they have with one Consent cleerly given to His Majesty Part of the Remonstrance of Parliament in Ireland about War with the Scots Four entire Subsidies towards His present Preparations to reduce His Disaffected Subjects the Covenanters in Scotland to their due Obedience They still hope that His Majesties great Wisdom and unexampled Clemency may yet prevail with the worse affected of those His Subjects to bring them to that conformity and submission which by the Laws of God and Nature they owe to him But if His Majesty shall be enforced to use His Power to vindicate His just Authority This House for Themselves and the Commons of this Kingdom do profess That their Zeal and Duty shall not stay here at these Four Subsidies but humbly promise That they will be ready with their Persons and Estates to their uttermost ability for His Majesties future Supply in Parliament as His great Occasions by the continuance of His Forces against that distemper shall require This they pray that it may be represented to His Majesty by the Lord Lieutenant and Recorded as an Ordinance of Parliament and published in Print as a Testimony to all the World and succeeding Ages That as this Kingdom hath the happiness to be Governed by the best of Kings so they desire to give cause That he shall account this People among the best of His Subjects If he had procured this Declaration it had been no Crime but he had no part in it but it was their own voluntary free and chearful Action For the Confederacy charged between him and Sir George Radcliff to bring over the Irish Army to destroy England if it be made appear that he had so much as a thought of it he would give Judgment against himself as unworthy to live who would enslave himself and his Posterity That he hath a Heart that loves Freedom as well as another man and values it as highly and in a modest and dutiful way will go as far to defend it it is an Opinion he learnt in the Honourable House of Commons That to stand for Property and Liberty renders a man the best Subject That this Opinion hath gone along with him ever since and he hopes he shall carry it to his Grave That what is deposed by Sir Robert King and Lord Ranulagh as to Sir George Ratcliff cannot affect him since the meanest Subject in the Kingdom cannot commit Treason by Letter of Attorney And it is a priviledg which though he hath the honour to be a Peer he never desires to do it by Proxy and that the Army was never intended to set foot on English Ground Earl of Northumberland he desires my Lord Northumberland 's Examination may witness for him by which it appeared they were designed for the West of Scotland nor did he ever hear of any Design of reducing the Subjects of England by that Army Marquess Hamilton Sir Tho. Lucas Mr. Slingsby The Lord Marquess Hamilton also attested the same Sir Tho. Lucas Serjeant Major General of the King's Horse attested the same Mr. Slingsby who was of the Councel of War affirmed the design was to land them at Ayre in Scotland and that he had order to provide a Magazine Shipping and Flat-Bottom Boats for that Design and that he had a Coast Map drawn of that Place for that purpose Sir William Pennyman also attested Sir William Pennyman That some of the Lords Petitioning the Irish Army might not land in England my Lord Strafford told him He wondred at it for there never was any such intention As to the Testimony of his Brother deposed by Sir Tho. Barrington That England would never be well till it was conquered again he observed That his Brother his Friends his Table his House his Bed every place is searched to convince him of that which he thanked God he was never guilty of That what his Brother sayes is nothing to him and he desired he might be Examined but Mr. Maynard opposed it as tending to clear himself and so he was not heard The discourse between my Lord Bristol and himself he confesses but that what he said was in case of Extream Necessity as Invasion when there is not time to call a Parliament he conceives the King being accountable to God Almighty for Himself and People he may Use his Power And for the other words That the King is not to be Mastered by the frowardness c. he does not remember it but relyes so on the Honour of my Lord Bristol that he affirming it he will not deny it but reserves to himself in this case the Benefit of the Law that it is but a single Testimony He owns what my Lord Newborough deposed and thinks the King is not secluded more then another person from doing the best for himself in a fair and just and honourable way The same he sayes to my Lord of Holland 's Deposition That it is grounded upon Salus Populi Suprema Lex and speaking it as he did with these Limitations doth quite alter the Case besides that these discourses were private and rather argumentative and problematical then positive and to make these Treason were to debar men the joy and comfort of human society But all this while these were but words which by Act of Parliament though much higher are not Treason citing a Clause of 1 Ed. 6. c. 12. Be it Enacted by c. if any Person or Persons do compass and imagine by open Preaching Express words or Saying to depose or deprive the King his Heirs or Successors from his or their Royal Estate or Title or openly publish or say by Express words or saying That any other Person or Persons other then the King his Heirs or Successors of Right ought to be c. yet the first and second offences are not made Treason but only the third That it was the wisdom of their Lordships Noble Ancestors to chain up this Lion by concluding what is Treason and not to suffer him to tear us all in pieces by Arbitrary Treason which would make actions of Treason more common than Actions of Trespass To the words charged in the 23d Article spoken at Council Board or Committee of Scotch affairs of the King 's being absolved from all Rules of Government c. Mr. Treasurer who deposed them hath reversed his Testimony saying first Your Majesty hath an Army in Ireland which you may employ there Afterwards upon being Ordered to repeat his Testimony he said which you may employ in England and whereas he calls in aid of my Lord of Northumberland his Lordship
be an endeavourer to Subvert the Fundamental Lawes of the Land in this kind I beseech your Lordships call to mind what hath been proved that at all Publick Debates at Council and Privately apart I have humbly represented to His Majesty from time to time That Parliaments are the Only Way to Settle Himself in Quietness in the Kingdom and to acquire Prosperity and Happiness to Himself and His People And when you shall hear them press upon me that I have endeavoured to Subvert the Fundamental Laws of the Land I beseech your Lordships to call to mind how frequently and fervently I have advised the King to call for Parliaments which under God is the great Protection and Defence of the Fundamental Laws of the Kingdom To the 25th I have Answered already and to the 26th likewise The next is the 27th and for that I can say no more then that your Lordships have heard the Proofs for the Levying of Money it hath been cleared to your Lordships that nothing was done by me but by Consent of the Country with their Unanimous good liking and for their benefit and advantage Being done so and for so good ends as I trust that shall not be enforced against me and it is very strange to me why it should be expected that if two Armies be in the Field one against the other as there was at York that they should be Govern'd with as much quietness as an Atturney walking with his Writs at his Girdle betwixt the King's Bench and the Common-pleas For Armies cannot be Govern'd without some Latitude in this kind Inter arma Silent Leges rightly applyed there is truth in that But I did nothing in the Business I did nothing by Compulsion but by the voluntary liking of the Parties themselves and therefore I conceive that shall not be Charged upon me as Treason There remains now the 28th Article and that is the onely Bloody Article if it had been or could be made good that is in the whole Charge for there I am Charged out of ill and wicked purposes and indeed What can be worse than Treason to have Betrayed Newcastle into the power of the Scotch Army and likewise to have betrayed the King's Army at Newburn to a dishonourable Retreat My Lords if either of these had been true I should have saved your Lordships the labour I would have given Judgment against my self that had been certain But my Lords never was any Man more Innocent therefore they may very well wave it Have I been all this while Charged as an Incendiary and Am I now come in the Conclusion to be charged as a Confederate it is wonderful strange certainly your Articles fight one against another in this for How can I be an Incendiary in one part and a Conspirator with them that Charged me to be an Incendiary in the other part In good Faith I have not been very kindly dealt withal by my Confederates if they be Confederates to Charge me as an Incendiary that did them that Service and Help as to deliver into their hands a Town of such Consequence as that is No my Lords I wish all happiness to the Nation but I can never wish so to it as that they should take one of the King's Towns in England if I could have helped it My Lords it was lost before I had the Charge of the Army I had nothing to do in the business nor am I to give any Accompt of it nor is any thing proved And as to the Defeat at Newburn you yet fight one Article with another methinks in that too for I am charged to be the Man that delivered up Newcastle and yet all the World knows that nothing could save it from being lost but taking away from the Scots the Passages at that time So that I should use all means to prevent Men from doing that which I meant to do for them is verye all strange to me Here is no Probability and certainly little truth in the whole business as concerning my Confederating with the Scots either for the one or the other And so my Lords I am come to the end of these 28 Articles that were for my further Impeachment I have gone over them all and out of these now there remains that other Second Treason that I should be guilty of endeavouring to Subvert the Fundamental Laws of the Land in the first of those Seven Articles My Lords That those should now be Treason together that are not Treason in any one part and Accumulatively to come upon me in that kind and where one will not do it of it self yet woven up with others it shall do it Under favour my Lords I do not conceive that there is either Statute-Law or Common-Law that hath declared this endeavouring to Subvert the Fundamental Laws to be High Treason I say neither Statute-Law nor Common-Law Written that I could hear of and I have been as diligent to enquire of it as I could be And your Lordships will believe I had reason so to do And sure it is a very hard thing I should here be question'd for my Life and Honor upon a Law that is not Extant that Cannot be Shewed There is a Rule that I have read out of my Lord Cook Non apparentibus non existentibus eadem est Ratio Jesu My Lords Where hath this Fire lay'n all this while so many hundred years together that no Smoak should appear till it burst out now to consume me and my Children Hard it is and extream hard in my Opinion that a Punishment should Precede the Promulgation of a Law that I should be Punished by a Law Subsequent to the Act done I most humbly beseech your Lordships take that into Consideration for certainly it were better a great deal to live under no Law but the Will of Man and Conform our selves in Humane Wisdom as well as we could and to Comply with that Will then to live under the Protection of a Law as we think and then a Law should be made to punish us for a Crime precedent to the Law then I conceive no Man living could be safe if that should be admitted My Lords it is hard in another respect that there should be no Token set upon this Offence by which we may know it no manner of Token given no Admonition by which we might be aware of it If I pass down the Thames in a Boat and run and Split my self upon an Anchor if there be not a Buoy to give me warning the Party shall give me Damages but if it be Marked out then it is at my own peril Now my Lords Where is the Mark set upon this Crime Where is the Token by which I should discover if it be not Marked if it lie under-Water and not above there is no Humane Providence can prevent the Destruction of a Man Presently and Instantly Let us then lay aside all that is Humane Wisdom let us rely onely upon Divine Revelation for
division I allow of that is Treason by Statute-Law as he terms it though it be Treason by the Common-Law and constructive Treason And upon that method he hath recited the evidence produced on either part Give me leave to follow and trace him a little and afterwards to discharge my own duty in taking my own course and representing the evidence as it appears truly and I will avoid as much as I can to fall into my Lord of Strafford's error in mis-reciting a Particle if I do it shall be against my will He begins with the Fifteenth Article and pretends that that is not proved The ground and foundation of that Article was a Warrant issued out by himself to a Serjeant at Arms one Savill which gave directions and power to that Serjeant to lay Soldiers on any person that should contemn the Process of the Council-board in Ireland that was the effect Now says he this Warrant is not produced and adds That the Judges will tell your Lordships that if a man be charged with any thing under Hand and Seal the Deed must be produced and proved or else no credit is to be given to it Truly my Lords it is true if it had been a Bond or a Deed where those that Seal it use to call their neighbours to testify and be Witnesses to it perhaps it might be a colourable answer that because we do not produce the Deed and prove it by Witnesses you can therefore give no credit to it But my Lords in case of authority to commit High Treason I suppose my Lord of Strafford nor any other did call witnesses to prove the Signing Sealing and Delivering of the Warrant for execution of High Treason and therefore it is a new way and invention found out by his Lordship for ought I see to commit High Treason and to give authority for it and it is but taking away the original Warrant and he shall never be touched for any Treason But I beseech your Lordships patience till I come to open that Article and your Lordships will find the Warrant though it be not produced proved by three or four Witnesses and his Hand and Seal proved too And whereas he pretends the Serjeant at Arms is no competent Witness because he excuses himself my Lord mistakes himself for I take it to be no excuse to prove a Warrant from any person whatsoever if it be to commit High Treason and therfore Savil's testimony is the more strong being so far from excusing that he doth accuse himself And though he is charged with laying of Soldiers upon the King's People contrary to an express Act of Parliament made in 18 H. 6. yet my Lord is pleased I know not how to term it whether it be merrily or otherwise to use his Retorick Here is a great levying of War when there is not above four Musquetiers or six at most laid upon any one man My Lords it is a plain levying of War and without all question and in all sense it is as much mischievous to me to be surprized by four or six Musquetiers to enforce me to any thing they would have as if there were an Army of Forty thousand brought upon me for if that strength will but over-master me it is all one to me whether I be mastered by four or by four thousand And therefore let not this be a rule that to send four or six or ten Musquetiers up and down is not considerable because of the smalness of the number the danger is the same yet this is no levying of War because they goe not in Troops of greater number as it pleases my Lord of Strafford to affirm My Lords Your Lordships remember what the effect of the Warrant is sworn to be that howsoever the Serjeant at Arms and his Ministers that executed it brought but four or six or ten yet the Serjeant might have brought all the Army of Ireland for there was authority so to do And admitting the matter of Fact proved he mentions an Act of Parliament made 11 Eliz. whereby a penalty is laid upon men that shall lay Soldiers on the King's Subjects and yet as my Lord observes it must now be Treason in the Deputy My Lords The very casting of an eye upon that Act shews it to be as vainly objected as if he had said nothing for in truth it is no other than as if he should say The King hath given me the Command of an Army in Ireland and therefore I may turn them upon the bowels of the King's Subjects It is no more in effect Your Lordships heard him the other day mentioning two Acts of Repeal and I expected he would have insisted upon them but it seems he hath been better advised and thinks them not worthy repetition nor indeed are they And if the matter of Fact be proved upon the Fifteenth Article I am confident he will find the Statute of 18 H. 6. to be of full force My Lords I am very sorry to hear that when levying of War upon the King's Subjects is in agitation and he charged with High Treason he should make mention of the Yorkshire men and the Army now on foot whereby he would insinuate that if he be charged with High Treason then they must be likewise though they lye quartered and have meat and drink with the assent of the people which may breed ill blood for ought I know From the Fifteenth Article he descends to the Three and twentieth and that is the Article whereby he stands charged with speaking of Words and giving of Counsel to His Majesty to incense him against His Parliament pretending a Necessity and telling him He is loose and absolved from all Rules of Government That he had an Army in Ireland which he might make use of to reduce this Kingdom In this he is pleased to begin with the Testimony of my Lord Ranelagh conceiving an apprehension and fear in him that the Army should go over to England which my Lord says is no more but his saying and Mr. Treasurer Vane ' s. I pray God my Lord Ranelagh had not much cause to fear but by the same rule he may lay a charge of unwarrantable fear upon all the Commons for sure the the Commons of England did fear it else they would not make an Article of it but my Lord Ranelagh's fear did not arise from a slight cause and he shewed himself a good Common-wealths man in expressing it and he is to be commended for it howsoever it be apprehended by my Lord of Strafford For his observation of the single Testimony of Mr. Treasurer Vane give me leave to take the same latitude as his Lordship did for he shews to three or four Articles what he could have proved as to the Article concerning the Army he could have proved the design of it by Sir John Burlacy and some others if they had been here But by this rule and liberty he hath taken to alledge what he could have shown give me
now he had his Sword in his hand Sir Robert King proves it so My Lord Ranalagh discovered the smoke of the fire that he had just cause to suspect and on good grounds I am sure and if the Commons of England had not just cause to suspect him as I believe he is convinced they had good cause what is the reason this suspition should be entertained at that time my Lord of Strafford being not then questioned for it and yet my Lord Ranalagh should say Shall we turn our Swords upon our own bowels Shall we bring this Army to turn the points of our blades upon that Nation from whence we were all derived and that was before any conference with Mr. Secretary Vane Sir William Pennyman himself his own Witness and Friend says at York before my Lord of Strafford was questioned that there was a common fame of bringing the Army into England and there is something in that surely and after all this to produce one Witness that expresly proves the very words spoken in terminis as they be charged if your Lordships put the whole together see whether there be not more than one Witness And under favour my Lord Cottington if you call to mind his Testimony I must justify he did declare That he heard my Lord of Strafford tell the King That some reparation was to be made to the Subjects Property which must infer he had advised an Invasion upon the Property else by no good coherence should a reparation be made And that he testifies this I must affirm and most here will affirm it and I think your Lordships well remember it and that is an addition to it for if your Lordships cast your eye upon the Interrogatory administred to my Lord Admiral and my Lord Cottington that very question is asked so that his own Conscience told him he had advised something to invade upon the People when he advised to a restitution after things should be setled and so I refer it to your Lordships consideration whether here be not more than one witness by far It is true he makes Objections to lessen this testimony First That this Army was to be landed at Ayre in Scotland and not here and this was declared to Sir Thomas Lucas Mr. Slingsby Sir William Pennyman and others Secondly That others that were present when the words are supposed to be spoken did not hear any such words For the first Perhaps the Army might be originally intended for Scotland and yet this is no contradiction but he might intend it afterwards for England surely this is no Logick that because it was intended for one place it could never be intended for another place so his allegation may be true and the charge stand true likewise Beside that it was intended originally for Scotland what proof makes he He told several persons of the design but I will be tryed by himself he told some it was for Scotland he told others it was for England and why you should believe his telling on one side more than on the other side I know not though he pretends a reason of his several allegations that the world should not know his design but if you will not believe him one way why should-he be believed the other way and if not the other way why the first way For the Second Several persons were present when the words were spoken touching the Irish Army and they were examined and remember not the words but one man may hear though twenty do not hear and this is no contradiction at all for those persons whom he examined the Lord Treasurer Marquis Hamilton my Lord Cottington did not hear the words that are proved by two Witnesses concerning the Kings being loose and absolved from Rules of Government and if they did not hear those words no marvel they did not hear the other and therefore that which he himself pretends to be a convincing testimony is nothing at all so that his objections are clearly taken away and the single testimony fortified with testimonies that make above one witness and so the words are fully proved But to fortify the whole I shall handle all these Articles together This design to subvert the Law and to exercise an Arbitrary Power above the Law in this Kingdom will upon the proofs putting them all together and not taking them in pieces as my Lord of Strafford hath done appear to have been harboured in his thoughts and setled in his heart long before it was executed You see what his Counsels were That the King having tryed the affections of his People was loose and absolved from all Rules of Government and might do every thing that power would admit and His Majesty had tryed all ways and was refused and should be acquitted of God and Man and had an Army in Ireland wherewith if he pleased he might reduce this Kingdom so there must be a trial of his People for Supply that is denyed which must be interpreted a Defection by refusal and this refusal must give advantage of necessity and this necessity must be an advantage to use his Prerogative against the Rule of the Law and consent of the People this is his advice which shews that this very thing that happened did harbour in his thoughts long before the breach of the Parliament and the occasion of the Army Your Lordships have heard it confessed by himself That before this last advice he had advised the calling of a Parliament To the Parliament a proposition of Twelve Subsidies was made for supply and which may be spoken with great assurance before they had consulted or given any resolution to that proposition the Parliament was dissolved upon a Supposal that the Supply was denied Now that this was pre-designed by my Lord of Strafford himself I beseech you observe these things following that is The words in the Two and Twentieth Article That His Majesty was first to try the Parliament and if that did not supply him then he would serve the King any other way His words are proved by Mr. Treasurer That if the Parliament supplyed him not he would serve him any other way and this is before the Parliament set now if your Lordships hear the proofs of my Lord Primate which my Lord of Strafford slights taking it singly my Lord Primate before the Parliament was called when my Lord of Strafford was in Ireland and not yet come into this Kingdom testifies my Lords saying That if the Parliament will not supply His Majesty the King was acquitted before God and Man if he took some other course to supply himself though against the will of the Subjects I beseech your Lordships observe how he prophesies these things must come to pass and advised them accordingly My Lord Conway testifies that before the Parliament sate my Lord of Strafford said that if the Parliament would not supply His Majesty the King was acquitted before God and Man if he took another course to supply himself though it were
case he perished in the separation and should marry another that he would not continue King not above one month after because this tended to the depriving of the Lawful Succession to the Crown She is attainted of Treason My Lords All these Attainders for ought I know are in force at this Day the Statutes of the 1 year of H. 4. and the 5 of Queen Mary although they were willing to make the Statute of 25 E. 3. the Rule to the Inferior Courts yet they left the Attainders in Parliament precedent to themselves untoucht wherein the Legislative Power had been exercised there is nothing in them whence it can be gathered but that they intended to leave it as free for the future and my Lords in all these Attainders there were crimes and offences against the Law they thought it not unjust Circumstances considered to heighten and add to the degrees of punishment and that upon the first Offender My Lords we receive as just the other Laws and Statutes made by these our Ancestors they are the Rules we go by in other Cases why should we differ from them in this alone These my Lords are in part those things which have satisfied the Commons in passing the Bill it is now left to the Judgment and Justice of your Lordships To which the Earl made no reply but lifting up his hands to Heaven to attest his Innocence and Petition Protection and a more Just and Equitable Sentence there he seemed to express greater Eloquence by his Silence then the other had done by his Prolix Discourse However Friday April 30. that he might not seem wanting to himself upon Friday he Petitioned the Lords That he might be heard again in point of Law to make his Defence against the Bill of Attainder but it was denied him The next Day being Saturday the King went down to the House of Lords and having sent for the Commons he made this following Speech to both the Houses My Lords and Gentlemen I Had not any intention to speak of this business The Kings Speech to both Houses concerning the Earl of Strafford April 30. which causes me to come here to day which is the great Impeachment of the Earl of Strafford But now it comes to pass that of necessity I must have part in that Judgment I am sure you all know that I have been present at the Hearing of this great business from the one end to the other that which I have to declare unto you is shortly this That in my Conscience I cannot condemn him of High Treason It is not fit for me to argue the business I am sure you will not expect it A Positive Doctrine best comes out of the mouth of a Prince Yet I must tell you Three great Truths which I am sure no body can know so well as my self 1. That I never had any intention of bringing over the Irish Army into England nor ever was advised by any body so to do 2. There never was any Debate before me neither in publick Council nor at private Committee of the Disloyalty and Disaffection of my English Subjects nor ever had I any suspition of them 3. I was never Counsell'd by any to alter the least of any of the Laws of England much less to alter all the Laws Nay I must tell you this I think no body durst be ever so impudent to move me in it for if they had I should have put a Mark upon them and made them such an Example that all Posterity should know my intention by it for my intention was ever to Govern according to the Law and no otherwise I desire to be rightly understood I told you in my Conscience I cannot Condemn him of High Treason yet I cannot say I can clear him of misdemeanor Therefore I hope that you may find a way for to satisfie Justice and your own Fears and not to press upon my Conscience My Lords I hope you know what a tender thing Conscience is Yet I must declare unto you That to satisfy my People I would do great matters But in this of Conscience no fear no respect whatsoever shall ever make me go against it Certainly I have not so ill deserved of the Parliament at this time that they should press me in this tender point and therefore I cannot expect that you will go about it Nay I must confess for matter of misdemeanor I am so clear in that that though I will not chalk out the way yet let me tell you that I do think my Lord of Strafford is not fit hereafter to serve me or the Common-wealth in any Place of Trust no not so much as to be a High-Constable Therefore I leave it to you my Lords to find some such way as to bring me out of this great streight and keep your Selves and the Kingdom from such Inconveniences Certainly he that thinks him guilty of High Treason in his Conscience may Condemn him of Misdemeanor The House of Commons were so startled and galled with this Speech that immediately upon their return to their House they cryed Adjourn Adjourn which they did in the greatest discontent imaginable for they thought they had brought the King to a Concedimus omnia and therefore finding themselves under this Mistake they betook themselves to new Arts and to effect that by the power of Tumults which they thought themselves out of the hopes of obtaining in a Regular Method All that the King got by this free Declaration of himself in favour of the Earl was to lose much of the affections of the People whether he should pass the Bill or deny it For if he passed it then it was to be imputed to the Necessity of his Affairs not his Inclinations to the good of his Subjects and if he denied it then it must have been esteemed a Denyal of Justice to his People The first beginning of these tumultuarie Disorders was upon Thursday before when a great many Apprentices The Tumult about the Spanish Ambassador and loose People beset the Spanish Embassador's House in Bishop-Gate threatning to pull down the House and kill the Ambassador To appease the Tumult the Lord Mayor of London came among them and not without a great deal of Difficulty perswaded them to retire After he had pacified the Multitude the Lord Mayor went into the House at his Entrance the Ambassador met him and desired him to drop the point of his Sword which was carried before him acquainting him That he was now in a place where the King of Spain had Jurisdiction That being done he told my Lord Mayor That in all his life he had not seen a more barbarous attempt and desired to know whether England was a civilized Nation or not where the Law of Nations was so horribly violated The Lord Mayor replied That they were of the Base and inferior sort of the People and intreated the Tumult might not be imputed to the City To whom the Ambassador tartly returned
Clergy-man no Dignitary whose Books have cost him a Thousand Pounds which when he dies may be worth to his Wife and Children about Two Hundred It will be a shameful reproach to so flourishing a Kingdom as this to have a poor beggarly Clergy For my part I think nothing too much nothing too good for a good Minister a good Clergy-man They ought least to want who best know how to abound Burning and shining Lights do well deserve to be set in good Candlesticks Mr. Hide I am as much for Reformation for purging and maintaining Religion as any man whatsoever but I profess I am not for Innovation Demolition nor Abolition Possibly the Reader will now be desirous to see this Bill which gave so much business to the Parliament and therefore I here present him with a Copy of it as I find it in the Paper-Office An Act for the Abolishing and taking away of all Arch-Bishops Bishops their Chancellours and Commissaries Deans Deacons and Chanters Arch-Deacons Prebendaries and Canons and all other their Under-Officers of the Church of England WHereas the Government of the Church of England by Arch-Bishops and Bishops The Bill against Episcopal Government and the Hierarchy of the Church their Chancellors and Commissaries Deans Arch-Deacons and others their Cathedral Officers have been found by lang experience to be a great Impediment to the perfect Reformation and Growth of Religion prejudicial to the Civâ—l Government of this Kingdom Be it therefore Enacted by the King 's most excellent Majesty the Lords and Commons Assembled in this present Parliament by the Authority of the same That from henceforth there shall be no Arch-Bishops Chancellors or Commissaries of any Bishopricks Deans Deans and Chapters Arch-Deacons Prebendaries Chanters Canons or Pety-Canons or any other of their Officers within this Church or Kingdom And every Parson that shall hereafter use or exercise any Power Iurisdiction Office or Authority Ecclesiastical or Civil by Collection of any such Name Title Dignity or Office or Iurisdiction to incur the Penalty and a Forfeiture contained in the Act of Premunires made in the 16 R. 2. That all which hereafter done by any Arch-Bishopricks their Chancellors Commissaries Deans Deans and Chapters Arch-Deacons Prevendaries Canons Petty-Canons or any other Office by Collection of any of their Dignities or Officers aforesaid shall be meérly void in Law any Statute or Ordinance heretofore made to the contrary any wise notwithstanding And that all Mannors Lands Territories Impropriations Houses Rents Services and other Hereditaments whatsoever of the said Arch-Bishopricks Deans Deans and Chapters Arch-Deacons Prebendaries Canons Petty-Canons which they or any of them have in Right of the said Churches or Dignities shall be disposed and ordered of in such manner sort and form as the King 's most excellent Majesty the Lords Temporal and Commons in this present Parliament Assembled shall appoint And be it further Enacted by the Authority aforesaid That all Ecclesiastical Iurisdiction fit to be exercised within this Church and Kingdom of England shall be committed to such a number of Persons and in such manner as by this present Parliament appointed Divers Papers were upon this occasion presented to the Consideration of the House of Commons and many even of the Presbyterians who were for altering some things yet were not for Extirpation of Root and Branch among the rest I find these two in the Paper-Office THe Agitation of change of Government in the Church A Proposition concerning Bishops and Ecclesiastical Affairs and Church Government in the House of Commons is a Business of so high a Consequence that it is necessary to prevent any Resolution by Voting their judgment alone lest that being brought up with prejudice to the Lords who are and ought to be equally interessed may also prejudice the Cause It is a doubtful Case in the heat of this dispute how farr the Commons may go in the Declaration of their Opinions in which if the Lords shall not concur it may prove a great Rock of offence between the two Houses Therefore 't is very requisite that the Lords of the Higher House do timely interest themselves in the discussion and before any Resolution in either House To this purpose the Lords may be pleased to make a Committee in their House for the Reformation of Church Affairs and Government and thereupon demand a Conference with the Committee of the House of Commons that the business may be handled by Consultation on both sides pari passu and gradu At this Conference the Lords may be pleased to propose these grounds 1. That neither by Example nor Reason in any Age or State Matters Ecclesiastical or Mutations in Church Affairs were ever alone determined by Lay-men 2. In the Primitive Church and most Ancient times matters of this nature were always debated in General Councils or National Synods in the blessed Reformation the business was agitated by a Choice number of Divines who communicated their proceeding with Reformed Divines abroad and admitted some Strangers into their Consultations for the satisfaction of their Brethren and Peace of the Church 3. The publick Enemy of our Religion will take infinite advantage at every Alteration and especially at any that shall be resolved above by Lay-men 4. It must of necessity produce a dangerous Schism in the Church if without all Respect of Edification and satisfaction to the Parties different in judgment any conclusion should be imposed upon both without their consent 5. It is impossible that any Resolution taken in Heat and Passion can be so permanent but that time will discover a Necessity of fresh alterations to the shame of the whole Reformation 6. It is necessary to proceed in such a way as may not be Scandalous to the Churches abroad and may give satisfaction to both Parties opposite and contending at Home and may be Honourable Durable Obliging and Fortified with the consent and agreement of the Ecclesiastick and the Authority of the Parliament To effect which it is most agreeable to true Wisdom and Policy that both Houses of Parliament determine and declare for the present that the Laws Established for Church Government shall be obeyed And because all things in the first Reformation could not be fore-seen or some things were necessarily for other respects overseen which Time and great Liberty and Light have discovered and which may now be more fitly taken into consideration That therefore both Houses may be pleased to move His Majesty for the calling of a National Synod I mean of a Select number of Divines of all three Nations subject to His Majesty equally and impartially chosen of Moderate and Learned Men of both sides in which may be discussed and resolved a setled and uniform Model of Government to be presented unto the Parliament of all the Kingdoms there to receive Strength and Approbation In which Assembly Godly Men and lovers of Peace assisted by the Spirit of God may doubtlessly be induced to receive satisfaction from one another in
cùm stabis ad aras In tua quod fundi cornua possit erit He hath cropt and infring'd the priviledges of a banish'd Parliament but now it is returned he may find it has power enough to make a sacrifice of him to the better establishment of our Laws And in truth what other satisfaction can he make his injur'd Country then to confirm by his example those Rights and Liberties which he had ruined by his opinion For the proofs My Lords they are so manifest that they will give you little trouble in the disquisition his Crimes are already upon Record the Delinquent and Witness are the same having from several sorts of Judicature proclaimed himself an Enemy to our Laws and Nation Ex ore suo judicabitur To which purpose I am Commanded by the Knights Citizens and Burgesses of the House of Commons to desire your Lordships that as speedy a proceeding may be had against Mr. Justice Crawley as the Course of Parliament will permit The Articles against Mr. Justice Crawley were these Articles of the House of Commons in the Name of themselves and of all the Commons of England against Sir Francis Crawley Knight one of the Justices of His Majesties Court of Common-Pleas impeaching him as followeth 1. The Articles of Impeachment against Judge Crawley THat he about the Month of November Anno 1635. then being one of the Justices of the Court of Common-Pleas and having taken an Oath for the due Administartion of Justice to His Majesties Liege People according to the Laws and Statutes of this Realm subscribed an Opinion in haec verba I am of Opinion That as where the benefit doth more peculiarly redound to the good of the Ports or Maritime Parts as in Case of Piracy or Depredations upon the Seas there the Charge hath been and may be lawfully imposed upon them according to Presidents of former Times so where the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger of which His Majesty is the only Judge there the charge of the Defence ought to be born by all the Realm in general This I hold agreeable both to Law and Reason 2. That he in or about the Month of February Anno 1636. Then being one of the Justices of the said Court of Common-Pleas subscribed an extrajudicial Opinion in answer to Questions in a Letter from His Majesty in haec verba ut supra in the Articles against Judge Berkley 3. That he then being one of the Justices of the said Court of Common-Pleas delivered an Opinion in the Exchequer Chamber against John Hampden Esquire in case of Ship-Money that he the said John Hampden upon the matter and substance of the case was chargable with the Money then in Question a Copy of which Proceedings and Judgment the Commons of this present Parliament have already delivered to your Lordships 4. That he then being one of the Justices of the said Court of Common-Pleas declared and published in the Exchequer Chamber in Westminster and the Circuit where he went Judge That the Kings Right to Ship-Money was so inherent a Right in the Crown as an Act of Parliament could not take it away And with divers malicious Speeches inveighed against threatned and discountenanced such as refused to pay Ship-Money All which Opinions and Judgments contained in the first second and third Articles are destructive to the Fundamental Laws of this Realm the Subjects right of Property and contrary to former Resolutions in Parliament and to the Petition of Right which said Resolutions and Petitions of Right were well known to him And the said Commons by Protestation saving to themselves only the Liberties of exhibiting at any time hereafter any other Accusation or Impeachment against the said Sir Francis Crawley and also of replying to the Answer that he the said Sir Francis Crawley shall make unto the said Articles or any of them or of offering Proof of the Premisses or of any of their Impeachments or Accusations that shall be exhibited by them as the Case shall according to the Course of Parliaments require Do pray that the said Sir Francis Crawley one of the Justices of the said Court of Common-Pleas may be put to answer to all and every the Premisses and that such Proceedings Examinations Tryals and Judgments may be upon every one of them had and used as is agreeable to Law and Justice The Articles of Impeachment against Sir John Bramston Knight Lord Chief Justice of the Court of Kings-Bench were as follow Articles of the House of Commons The Articles of Impeachment against Sir John Brampston Lord Chief Justice of the Kings Bench. in the name of themselves and all the Commons of England against Sir John Brampston Knight Lord Chief Justice of the Court of Kings Bench Impeaching him as followeth 1. THat the said Sir John Brampston then being Lord Chief Justice of the Court of Kings Bench and having taken an Oath for the due Administration of Justice to His Majesties Liege People according to the Laws and Statutes of this Realm did on or about the last of November 1635. Subscribe his Name to an Opinion in haec verba I am of Opinion that as where the benefit doth more peculiarly redound to the good of the Ports or Maritime parts as in case of Pyracy or Depredations upon the Seas there the Charge hath been and may be lawfully Imposed upon them according to Presidents of former times so where the good and safety of the Kingdom in General is coned and the whole Kingdom in danger of which His Majesty is the only Judg there the Charge of the defence ought to be born by all the Realm in General This I hold agreeable both to Law nnd Reason 2. That he the said Sir John Brampston then being Lord Chief Justice of the Court of Kings Bench about the Month of February 1635. did Subscribe an extrajudicial Opinion in answer to questions in a Letter from His Majesty ut supra in the Articles against Sir Robert Berkley Which said Opinions contained in the first and second Articles are destructive to the Fundamental Laws of this Realm the Subjects right of Propriety and contrary to former resolutions in Parliament and to the Petition of Right 3. That he the said Sir John Brampston then Lord Chief Justice of the Court of Kings Bench about Trinity Term 1637. refused to Bail or Discharge Alexander Jenings Prisoner in the Fleet brought by Habeas Corpus to the Barr before him the return of this Commitment being two several Warrants from the Lords of the Council Dated the fifth of November 1635. the first expressing no cause the other for not paying Messengers Fees and until he should bring Certificate that he had paid his Assesment for Ship-money in the County of Bucks And the said Sir John Brampston the first Warrant being only read then said The cause of his Commitment did not appear and that it was not fit for every Goaler to
recommend to the Parliament the Care of the Disbanding the Horse that the Soldiers may be repaid the Money which hath been taken from them for their Arms that so Armed Men may not disperse themselves to the disturbance of the Kingdom and that the Arms may be restored to the Magazins for the Defence of the King and Kingdom A Proclamation was accordingly issued out as follows By the King A Proclamation for the Peaceable and Quiet Passage of the Troops of Horse to be Disbanded in the North Parts WHereas His Majesty by the Advice of His Parliament His Majesties Proclamation about disbanding the Horse Aug. 8. 1641. hath given Order for the speedy Disbanding of the Troops of Horse that are or lately were part of His Majesties Army in the Northern Parts of the Kingdom His Majesty in his Princely Care of the Quiet and Safety of His Subjects doth by this His Proclamation strictly Charge and Command that none of those Troops or Souldiers after they are Disbanded do Travel together or gather or continue together above six in a Company under the Penalty of being proceeded with as Disturbers of the Publick Peace And doth hereby likewise straitly Charge and Command all Sheriffs and Iustices of Peace of the Counties thorow which they shall pass or whither they shall come that they fail not to take Care that the General peace and quiet of His Majesties Subjects be not disturbed by any of the said Troops or Souldiers And that none of the said Troops or Souldiers do stay or abide above one Night in a place unless it be in Case of Sickness or other great Necessity during the Time of their Travel Given at the Court at White-Hall the Eighth Day of August in the seventeenth Year of the Reign of Our Soveraign Lord CHARLES by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. God save the KING The Lord Privy Seal Reported the Opinion of the Judges concerning the Custos Regni The Judges Opinion about a Custos Regni and the Commission to pass Bills in the King's absence 1. Concerning the Custos Regni they know not how to deliver any Opinion it being of so high a Consequence 2. Concerning the Commission they hold it good if it be fortified and backed with an Act of Parliament Whereupon it was Ordered to be communicated to the House of Commons at a Conference The ACT for the Confirmation of the Treaty of Pacification between the Two Kingdoms of England and Scotland The Act of Pacification passed the Lords House was read a third time and being put to the Question it was Resolved to pass as a Law And sent down to the Commons by Justice Forster and Justice Heath MEmorandum Thanks given to the Lord Commissioners and particularly the E. of Bristol for the Treaty Bill for taking away purveyance read the first Time This House this day gave Thanks to the Lords Commissioners for their great Pains and Care bestowed in the Treaty between Vs and the Scots and particular Thanks was given to the Earl of Bristol for his Service done to this Kingdom therein The Bill for taking away of all manner of Purveyance was read the first time The Commons then sent to desire a present Conference with the Lords about the King 's putting off his intended Journey into Scotland for 14 dayes longer At which Mr. Hollis delivered the Reasons of the Commons Desire in that particular in this manner My Lords I Am Commanded to put you in mind what hath passed upon this occasion before Reasons for the Kings deferring his Journey for 14 days at a Conference August 7. 1641. concerning the Kings Journey to Scotland That both Houses did Petition his Majesty not to begin his Journey till the Tenth of August and to acquaint the Scots Commissioners therewith who afterwards desired this House to express their Resolutions in the affirmative upon which the House of Commons passed a Resolution That then if his Majesty pleased to go they would submit unto it I am Commanded to declare unto your Lordships That the House of Commons is desirous to submit unto his Majesties good Pleasure in all things but such is the present condition of this business as it now standeth that they are enforced to present some further Considerations to your Lordships First That when they gave this Assent they were in hope both Armies would have been Disbanded by that time but though there hath been all possible means used to that end yet it could not be effected so the same Inconvenience doth still continue Secondly The Treaty cannot in so short a time be finished being returned from Scotland but three dayes since but since it is ready to be finished and Moneys are provided the Armies will be Disbanded by that time we desire his Majesty to take his Journey Thirdly The Distempers and Joalousies of the Kingdome are such that they cannot be composed by passing some Acts unless his Majesty stay the desired time Fourthly No course is yet taken for the Government of the Kingdom in his Majesties absence there being so many Weighty Things to be taken into Consideration Upon these Reasons the House of Commons have thought fit to move your Lordships to joyn with Us in a Petition to his Majesty to stay his Journey for 14 dayes longer and we make no doubt but our Brethren in Scotland will consider the Streight we are in and for our Safety condescend to our Desires And if his Majesty yield thereunto then we shall desire your Lordships to joyn with us by some express Messenger to the Parliament in Scotland for the King's stay for that time which we hope will give them Satisfaction After which Mr. Hollis reported the Conference from the Lords That the Lord Say told them They had taken into Consideration the Desires of this House and that the Lords would joyn with this House to Petition his Majesty to be pleased to stay yet 14 days if it may stand with the Ingagement he has made to that Kingdom however that he may stay till Tuesday Night 6. of the Clock which they are sure will stand with his Ingagement but they conclude nothing in this matter till they had first heard from this House This was not at all Satisfactory to the Commons who thereupon put it to the Vote it was Resolved c. That this House shall insist upon the former Desire for his Majesties stay for 14 dayes But while they were in this Debate and Messages went to and fro between the Two Houses the King came to the House of Lords and the Gentleman Usher of the Black Rod was sent to give the Commons notice of the King 's being there in order to the passing several Bills The Publique Bills were Bills passed by the King 1. An Act against divers Incroachments and Oppressions in the Stannery Court 2. An Act for securing Money to the Northern Counties c. 3. An
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
That the Scots desire that an Order of the House of Commons may be made for the repaying of the 28000 l to the Bishoprick of Durham and the Town of Newcastle that the Scots may deliver the said Order for their Discharge These 8. Heads being proposed to the Commons at a Conference the next day being August 13. they gave these Answers 1. To the First concerning the 7th of September to be the Day for Thanksgiving for both Kingdoms they have agreed to it 2. To the Second For the Scots Army passing over the Tweed the 25th of August agreed to 4. To the Fourth That the restoring of the Ordnance at Newcastle and that the Arms and Munitions may be all restored or paid for to be recommended to the Scots Commissioners Agreed to 6. To the Sixth Concerning seeing the Treaty to be finished in Scotland They desire that Commissioners may be sent from both Houses of Parliament to see the Treaty performed and to settle the Peace of both Kingdoms 7. To the Seventh Touching the Scots Army Marching through Barwick agreed to be in such sort as shall be appointed and settled there with the General and Governor of Barwick 8. To the Eighth touching the Order for paying the 280000 l. to the Bishoprick of Durham and the Town of Newcastle the House of Commons hath made an Order to that purpose and they will deliver it to the Earl of Warwick to be delivered to the Scots Commissioners The Commons fell this day into debate about Mr. Percy Sir John Suckling and Mr. Jermyn and it was urged That it would be made good by several Acts of Parliament and other Presidents That to conspire or indeavor to compel the Parliament to any thing is Treason And after long canvasing of the Matter it was Resolved c. Votes that Sir John Suckling Mr. Jermyn and Mr. Percy shall be charged with High-Treason That Sir John Suckling upon the whole matter shall be charged by this House with High-Treason Resolved c. That Mr. Henry Percy shall be charged with High-Treason Resolved c. That Mr. Henry Jermyn shall be charged with High-Treason The House of Commons being it seems now better Instructed since the last Conference with the Lord Privy Seal Friday August 13. fell upon the further Impeachment of the Bishops which was thus Reported by Serjeant Wild. WHereas the Knights Further Impeachment of the Bishops Citizens and Burgesses of the Commons House of Parliament have lately impeached the several Bishops hereafter named that is to say Walter Bishop of Winchester c. before your Lordships in this Parliament of several Crimes and Misdemeanors in Contriving Making Promulging and Executing several Constitutions and Canons Ecclesiastical and by granting a Benevolence or Contribution to His Majesty contrary to Law Now the said Commons do further declare to your Lordships that the said Canons Constitutions and Grant of a Benevolence contained in two several Books the one Intituled the Constitutions and Canons Ecclesiastical treated upon by the Archbishops of Canterbury and York Presidents of the Convocations for the respective Provinces of Canterbury and York and the rest of the Bishops and Clergy of those Provinces and agreed upon with the Kings Majesties License in the several Synods begun at London and York Anno Dom. 1640 and in the Year of the Reign of Our Soveraign Lord King Charles by the Grace of God King of England Scotland France and Ireland the 16. the other Intituled a Grant of the Benevolence or Contribution to his Most Excellent Majesty by the Clergy of the Province of Canterbury in the Convocation or Sacred Synod holden at London An. Dom. 1640. Which Things I am commanded by the House of Commons to deliver to your Lordships and further to declare to your Lordships That all and every the said Canons and Constitutions and Grant of Benevolence and the Contriving Making Publishing and Executing of the same and every of them were and are contrary to the King's Prerogative the Fundamental Laws and Statutes of the Realm the Rights of Parliament the Propriety and Liberty of the Subject and tending to Sedition and of dangerous Consequence and were so Contrived Made Promulged and Executed to the great Oppression of the Clergy of the Realm and others his Majesties Subjects and in Contempt of his Majesty and of the Laws and do pray as they did before that the said Bishops may be forthwith put to their Answer in the Presence of the Commons and that such further Proceedings may be had therein as to Law and Justice appertains The Scots Commissioners having desired a Commission to Commissioners of both Nations for Examination of Witnesses about Incendiaries and having given the Names of such of their Nation as they desired might be in the Commission It was Ordered by the House of Lords Order for a Commission to examine Witnesses about Incendiaries That the Clerk of the Crown shall Issue out a Commission under the Great Seal of England and the Lord Keeper is to Seal it accordingly by Virtue of this Order which Commission is to be directed to the Lord Keeper the Lord Privy Seal the Earl of Warwick the Lord Viscount Say and Seal Lord Wharton and the Lord Kimbolton To the Lord Lowdon Sir Patrick Hepbourn and John Hepbourn and John Smith Esquires to joyn with several Members of the House of Commons or any five of them to examine Witnesses touching Incendiaries concerning both Kingdoms of England and Scotland The Business of paying the Billet Money in the several Quarters where the Scots Army had lain came into debate and it was Resolved House of Commons undertakes to pay the Scots Billet c. That the House of Commons undertakes to discharge our Brethren the Scots of these Summs and to pay the said Counties viz. Â l. s. d. To the County Palatine of am 26663 13 10 To the Town of New-Castle 2000 00 00 To the County of Northumberland 10224 06 10 Total 38888 00 08 Mr. Pym Reports Money paid for the Q. Mothers Journey That he had paid Seven Thousand Pounds to the Earl Marshal for dispatch of the Queen-Mother out of England Captain Chudleigh being Examined concerning the matter of the Army Capt. Chudleigh's deposition against Mr. Jermyn Mr. Perce c. saith That Sir John Suckling told him That he should not depend upon what Commissary Wilmot Col. Ashburnham or Captain Pollard said for they had quitted their Affection to the Army and fallen into a Parliamentary wayâ— This in the Month of March before Col. Goring went to Portsmouth He saith further That he could not conjecture by any Discourse that Ever he had with Mr. D'avenant that he knew any thing of any Design of bringing up the Army only by the Discourse he had with him he could discover an affection to the Army and that he charged him alwayes to keep all our Discourses between us secret because the Times were dangerous All this discourse he had with
this Parliament Assembled hath ordained ut sequitur in the Act. And these Acts made by the King the Lords Temporal and Commons only were upon the Clamorous complaints of the Commons about the giving of the Benefices of England to strangers and others who never were Resident upon the Benefices This Report being made the House took the same into Consideration and for the better debate of the Propositions the House was adjourned into a Committee during pleasure And the Question was Whether those Thirteen Bishops that stood Impeached of those Crimes by the House of Commons shall be suspended from their Votes in this House until they stand Recti in Curia After a long debate herein the House was resumed and it is Ordered That the further Consideration of the Propositions which came from the House of Commons and the Bill entituled an Act for disabling Persons in Holy Orders to Exercise any Temporal Jurisdiction shall be both deferred until the Tenth day of November next A Message was brought from the House of Commons by Arthur Goodwin Esquire to let their Lordships know That whereas at a Conference Yesterday touching the Bishops which were Impeached for making of Canons the House of Commons did tell their Lordships That they had a Witness a Member of their House Mr. Wheeler to prove that the said Bishops did Subscribe to those Canons he having seen the Register Book with their Names written with their own Hands all which he is now ready upon Oath to prove if their Lordships shall rest herein satisfied the Register Book being in a House which is visited with the Plague The Reader will see by these Arguments of Mr. Solicitor St. John the utmost Strength of the Reason which they had to exclude the Bishops from their Votes and Peerage Now in regard the same thing has been again moved and the Arguments revived by the Successors of the same Faction who still retain the old Principles and Kindness to the Lords the Bishops looking upon them as a kind of Supernumeraries in the House of Lords who may well be spared and not as in reality they are a third Estate to stop the Progress so far as I am able of such an Error dangerous to the very being and Fundamental Constitution of our Parliaments I here present the Reader with a short Abstract out of the Learned Piece writ upon this Subject Entituled The Grand Question concerning the Bishops Right to Vote in Parliament in Cases Capital Stated and Argued c. I confess I have not followed the Author's Method nor was it possible to do it without great Inconvenience his Book being an Answer to some Papers writ against the Peerage and Jurisdiction of Bishops c. But I hope I have not done him or the Subject any Injustice by making use of the Matter and accommodating it more to my purpose which is among such Infinite Plenty and Variety of Matter to study all the conciseness and brevity I can I have therefore reduced the Subject to these four Heads First That the Bishops are Pares Regni Peers of the Realm and Peers in Parliament Secondly That they have a Right to Sit and Vote in Parliament in all Causes whatsoever even in Causa Sanguinis in Capital Cases Thirdly That the Lords Spiritual the Bishops are a third Estate in Parliament Fourthly To answer such Objections as have been made against their Peerage and Jurisdiction Which Abstract follows First Position That the Bishops are Pares Regni Peers of the Realm An Abstract of the Grand Question about the Peerage and Jurisdiction of the Bishops in Parliament Marculph Form lib. 1. c. 25. and Peers in Parliament The Author Learnedly proves That as soon as ever Christianity was settled in these Northern Nations Bishops were admitted into all publick Councils and Courts of Judicature So he instances in France from the Testimony of Marculphus That the King Sate in Judgment unà cum Dominis Patribus nostris Episcopis together with the Lords and Fathers the Bishops and that the greater Causes were heard by the King himself or the Comes Palatii Episcopis proceribus Assidentibus the Bishops and Nobility being Assessors with him In Spain during the Gothick Race of Kings the greatest Affairs of State were managed by the greatest of the Clergy and Nobility Concil Tolet. 4. c. 75.5 c. 7.6 c. 17. passim albi as appears by the several Councils of Toledo and particularly in the 13 Council Cap. 2. A case of Impeachment of Treason was brought before them And yet from one of these Councils of Toledo it is that all the Dust hath been raised and the Canon Law objected urged against Bishops That they ought not to be present or concerned in Cases of Blood In Germany Goldastus Rer. Alem. An. To. 2. the first Laws that were published by Lotharius were composed 33 Bishops 34 Dukes 72 Counts besides the People being present and assisting Arumaeus de Comitiis n. 35. c. 4. n. 98. and Arumaeus a Protestant Lawyer informs us that the Bishops of Germany Sate in the Diet in a double Capacity as Bishops and Princes of the Empire which Constitution he applauds as prudent for the Administration of Justice Honourable and safe for Religion In Bohemia Goldast Bohem. lib. 5. cap. 1. the same Goldastus a Protestant too acquaints us that there were three Estates prelates Nobles and Commons till the time of Sigismund In Hungary Decret Ladisl p. 12. so soon as ever the Christian Religion prevailed and was settled the Laws were framed by the King with the Advice and Consent of Bishops Nobles Staravols Polon p. 263. Herbart Stat. Regni Pol. p. 262. and the whole Clergy and People In Poland the Constitution of the Government is composed of the Bishops Barons and Delegates who are called Nuncii terrestres who are Summoned to the Dyet by the King and that with the entrance of Christianity as the publick Religion the Bishops entred into the Senate and had the first Seat in that Court Adam Brem de Situ Dan. n. 85. Loccen Antiq. Sueco-goth c. 8. Jus aulicum Norvey c. 3. c. 36. In Norway Denmark and Sweden the same Constitution entred with the prevalency of Christian Religion viz. Bishops Nobles Knights and Deputies In England after the Conversion of the Saxons during the whole time of that Monarchy there is not in all our Records one Council wherein the Bishops had not a part From whence the Author strongly Argues that it would be a very unaccountable thing that we of all the Nations of the Christian World who profess to have the best Government and the best Reformed Religion should Exclude those from any share in that Government who were by all others admitted into it as soon as they admitted the Christian Religion to be the publick Profession of their Country That the Bishops since the coming in of the Norman Race were always Esteemed Peers of the Realm and Peers of Parliaments
found guilty of them be punished Yet we may not omit although no motive whatsoever could justifie their Vndertakings to represent That before they fell from their Obedience to the Government Sir William Parsons one of the Lords Justices that supplied the Deputy's place at a publique Entertainment before many Witnesses did positively declare That within a Twelvemonth no Catholick should be seen in Ireland Many hands were sought and Thousands were found to subscribe a Petition tending to the introducing a severe Persecution against Catholiques who were the far greater number of the Inhabitants of Ireland and the menace of an Invasion of a Scottish Army of which men did at that time frequently discourse bred frightful apprehensions So as these and other Grounds of suspition being improved by such among them whose particular Interests could be most favoured and better advanced in Vnquiet Times laid the Foundation of that Rebellion But even those Men and at that time when the Lords Justices did not appear to be prepared for Resistance by their Remonstrance humbly begg'd their Grievances might be redressed by the Advice of the Two Houses of Parliament then met at Dublin But the Lords Justices who by their Words and Actions not only Expressed their unwillingness to stop the farther growth of these Distempers but meant to increase them and were often heard to wish That the Number were greater of such as became Criminal by Proroguing the Parliament made them Desperate However the Nation by their Representatives in the two days which were only allowed them to Sit husbanded their time so as to leave to Posterity a Monument of their aversion to such attempts by declaring That those men had Trayterously and Rebelliously taken Arms and offering to employ their Lives and Fortunes in reducing them to their Obedience if they might be permitted then to Sit. But this was denyed them and by a strange change from the Ancient Form of Government a Parliament then Sitting was Prorogued whereas our Ancestors upon a far less occasion then quieting of so high distempers were usually called upon to Assist the King with their Advice To this may be added That the Earl of Ormond proposed at the Council-Board the raising of 5000 Men in the space of Three Weeks if he might be authorised so to do with which Strength he undertook to dissipate those then weak beginnings of the Ensuing Mischiefs and to prevent their farther growth but was refused it so as thus far we may observe who they were that widened the Wound instead of stanching the Blood This Foundation being thus laid that which at first was but a spark and might be easily quenched began to Flame And freedom of Rapine having suddenly drawn Numbers together the unrepress't Conspirators became a Formidable Army and besieged Tredah passing the River of Boyne which was the Rubicon of the Pale and had in all former Rebellions been maintained with their blood by those antient English Colonies planted there Now it was that the Times began to favour the Design of the Lords Justices and their Party in the Council which was as forward as they to foment the Distractions for the Ulster Army lying in the Bowels of the Country the Forces being not yet come out of England and the Natives themselves both unarm'd and distrusted by the State they were forced at first by their Regular Contribution to prevent the desolation which would have followed their refusal to supply them Hereupon such Contributors began to be looked upon and Character'd as Men fallen from the Government And a Party that was sent from Dublin having killed at Santry but three Miles distant from thence some innocent Husband-men among whom there was two Protestants and carried their heads as in Triumph to the City the neighbour Inhabitants alarm'd thereat had recourse to such Weapons as first came to hand and gathered in a Body whereupon the Lords Justices set forth a Proclamation in Nature of a safe Conduct by which these so in Arms and Mr. King of Clantarffe by special name had five days respite to come in and present their Grievances But before three Nights of the time prefixed were Expired Mr. King 's House was Pillaged and Burnt by direction of the Lords Justices Not long after supplies being arrived out of England and the Siege of Tredagh Raised and consequently the force removed which necessitated the Inhabitants to comply with the Ulster Army the Nobility and Gentry of the Pale prevailed with Sir John Read His Majesties Sworn Servant a stranger to the Country un-engaged and an Eye-witness of their proceedings then upon his Journey to England to take the pains to present their Remonstrance to His Majesty and to beg Pardon for what they were thus compelled to Act. But he poor Gentleman coming to Dublin was apprehended and not concealing the Message intrusted with him was put to the Rack the most part of the Questions which were then asked him in Torment being no other then such as might lead him to accuse the King and Queen to be Authors and Fomenters of that Rebellion Moreover the Two Houses of Parliament in England for the better inducing the Rebels to repent of their wicked attempts commended to the Lords Justices according to the Power granted them in that behalf to bestow His Majesties Gracious Pardon to all such as within a Convenient time c. should return to their Obedience The Lords Justices notwithstanding such Order and His Majesties Gracious Pleasure signified to that effect by their Proclamation dated in November 1641 limited such His Majesty's and the Parliament's of England their favourable and general intentions to the Inhabitants of a few Counties provided always they were not Free-holders and afforded them no longer time then Ten days after the Proclamation to receive benefit thereby But notwithstanding these Restrictions the Lord of Dunsany Sir John Netervill Patrick Barnewal of Kilbrue and many others who had notice of His Majesties Gracious Inclination towards the Nation and the Parliament of England 's Order in favour of them submitted to the Lord Marquess of Ormond then Lieutenant General of His Majesties Army who recommended them to the Lords Justices intimating that the good Vsage to be Extended to them would have an Influence on many others and be a great Motive to quiet the Distempers which then began to spread But the Lords Justices whose Design was not to be carried on by Mercy and Indulgence to prevent Submissions Imprisoned and Indicted by a Jury which did not consist of Freeholders those so Submitting and put the said Mr. Barnewal of the Age of 66 years to the Torture of the Rack This notwithstanding the Noblemen and Gentry inhabiting the Country next to Dublin applied themselves humbly by their Letter to the Lords Justices which when the Earl of Castlehaven a Nobleman of English Birth who freely before that time had access to Dublin came to present he was made a Prisoner Wherefore when the Nation observed That their advice in
this Kingdom and in Pursuance thereof they and every of them have Traiterously Contrived Introduced and Exercised an Arbitrary and Tyrannical Government against Law thorowout this Kingdom by the Countenance and Assistance of Thomas Earl of Strafford then Chief Governor of this Kingdom II. That they and every of them the said Sir Richard Bolton Knight Lord Chancellor of Ireland John Lord Bishop of Derry Sir Gerard Lowther Knight Lord Chief Justice of the Common-Pleas and Sir George Radcliffe Knight have Traiterously assumed to themselves and every one of them regal Power over the Goods Persons Lands and Liberties of his Majesties Subjects in this Realm and likewise have Maliciously Perfidiously and Traiterously Given Declared Pronounced and Published many False Unjust and Erroneous Opinions Judgments Sentences and Decrees in Extrajudicial manner against Law and have Perpetrated Practised and Done many other Traiterous and unlawful Acts and Things whereby as well divers Mutinies Seditions and Rebellions have been raised as also many Thousands of his Majesties Liege People of this Kingdom have been Ruined in their Goods Lands Liberties and Lives and many of them being of good Quality and Reputation have been utterly defamed by Pillory Mutilation of Members and other infamous Punishments By means whereof his Majesty and the Kingdom have been deprived of their Service in Juries and other Publick Imployments and the general Trade and Traffick of this Island for the most part destroyed and his Majesty highly Damnified in his Customs and other Revenues III. That they the said Sir Richard Bolton John Lord Bishop of Derry Sir Gerard Lowther Knight and Sir George Radcliffe and every of them the better to preserve themselves and the said Earl of Strafford in these and other Traiterous Courses have laboured to Subvert the Rights of Parliament and the ancient Course of Parliamentary Proceedings all which Offences were contrived Committed Perpetrated and done at such time as the said Sir Richard Bolton Sir Gerard Lowther and Sir George Radcliffe Knights were privy Counsellors of State within this Kingdom and against their and every of their Oaths of the same at such times as the said Sir R. Bolton Knight was Lord Chancellor of Ireland Chief Baron of his Majesties Court of Exchequer within this Kingdom and Sir Gerard Lowther Knight was Lord Chief Justice of the said Court of Common-Pleas and against their Oaths of the same and at such time as the said John Lord Bishop of Derry was actual Bishop of Derry within this Kingdom and were done and speciated contrary to their and every of their Allegiance several and respective Oaths taken in that behalf IV. For which the said Knights Citizens and Burgesses do Impeach the said Sir Richard Bolton Lord Chancellor of Ireland John Lord Bishop of Derry Sir Gerard Lowther Knight Lord Chief Justice of his Majesties said Court of Common-Pleas and Sir George Radcliffe Knight aforesaid and every of them of High-Treason against our Soveraign Lord the King his Crown and Dignity The said Knights Citizens and Burgesses by Protestation saving to themselves the Liberty of exhibiting at any time hereafter any Accusation or Impeachment against the said Sir Richard Bolton John Lord Bishop of Derry Sir Gerard Lowther and Sir George Radcliffe aforesaid and every of them and also of replying to them and every of their Answers which they and every of them shall make to the said Articles or any of them and of offering Proof also of the Premisses or of any other Impeachment or Accusation as shall be by them Exhibited as the Case shall according to the Course of Parliament require And the said Knights Citizens and Burgesses do pray that the said Sir Richard Bolton Knight Lord Chancellor of Ireland John Lord Bishop of Derry Sir Gerard Lowther Knight Lord Chief Justice of his Majesties said Court of Common-Pleas and Sir George Radcliffe Knight and every of them be put to Answer to all and every of the Premisses and that all such Proceedings Examinations Tryal and Judgment may be upon them and every of them had and used as is agreeable to Law and Justice Copia vera Signed PHILIP PHERNESLY Cler. Parliamenti Thus did these Popular Reforming Protestants help to unhinge the Government and not only helped forward the Designs of the Irish if Sir John Temple's observation before mentioned be true of their endeavours to push out the present Ministers and to get into their places but they gave great Countenance especially to the Vulgar and colourable pretences to the Ensuing Rebellion when even the Protestants of the Parliament of Ireland as well as the Parliament of England by their severe Procedure against the Earl of Strafford for misgovernment and Oppressions done in Ireland by impeaching of these Persons and by their repeated loud Complaints of Grievances Wrongs and Injustice publickly defamed his Majesties Government and proclaimed to the whole World That those Miseries which the Irish suffered under those their Governors and for the Redress of which they pretended to take up Arms were so great real and intolerable that both the Parliaments of England and Ireland were so deeply sensible of them as to acknowledg and thus bitterly inveigh against them Nor were the active men of the Commons House there less busie but the Lawyers Darcy Martin Plunket Cusack Brown Linch Bodkin Evers and others took upon them with much confidence to declare the Law and to frame several Queries which being proposed to the Judges and their Modest Answers not being satisfactory they gave out Resolutions of their own upon them such as might serve their Interest and Designs rather then comport with the Honor Duty and Allegiance which they owed to their Soveraign The Queries together with the Judges Answers to them as also their own Resolutions which were transmitted hither I find in the Paper-Office as followeth Questions wherein the House of Commons humbly desires that the House of the Lords would be pleased to require the Judges to deliver their Resolutions IN as much as the Subjects of this Kingdom are Free Queries propounded by the Parliament of Ireland to the Judges of that Kingdom Loyal and Dutiful Subjects to his most Excellent Majesty their Natural liege-Liege-Lord and King and to be governed only by the Common Lawes of England and Statutes of Force in this Kingdom in the same manner and form as his Majesties Subjects of the Kingdom of England are and ought to be Governed by the said Common-Laws and Statutes of Force in that Kingdom which of Right the Subjects of this Kingdom do Challenge and make their Protestation to be their Birth-right and best Inheritance Yet in as much as the unlawful Actions and Proceedings of some of his Majesties Officers and Ministers of Justice of late years introduced and practised in this Kingdom did tend to the infringing and violation of the Laws Liberties and Freedom of the said Subjects of this Kingdom contrary to his Majesties Royal and Pious Intentions Therefore the Knights Citizens and Burgesses in
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
Doctrinal or in the Practical Part of God's Worship Men are now adays many of them more Wise and some of them more Willfull than in former Times The use and caution is this Let us take care that what we do we do with due and full Authority I would have nothing new in this kind but by Authority of the three Estates and even then Let us be wary that we Suit the Times with Applications proper and seasonable Hear me with Patience and refute me with Reason Your Command is That all Corporal Bowing at the Name Jesus be henceforth forborn I have often wished That we might decline these Dogmatical Resolutions in Divinity I say it again and again That we are not Idonei competentes judices in doctrinal Determinations The Theam we are now upon is a sad Point I pray consider severely on it You know there is a no other Name under Heaven given among Men whereby we must be saved You know that this is b Phil. 2.9 a Name above every Name c Cantic 1.3 Oleum effusum Nomen ejus it is the Carrol of his own Spouse This Name is by a Father stiled Mel in ore melos in aure jubilum in Corde This it is the sweetest and the fullest of Comfort of all the Names and Attributes of God God my Savior If Christ were not our Jesus Heaven were then our Envy which is now our blessed Hope And must I Sir hereafter do no exterior Reverence none at all to God my Savior at the mention of his saving Name Jesus why Sir not to do it to omit it and to leave it undone it is questionable it is controvertible it is at least a Moot Point in Divinity But to deny it to forbid it to be done take heed Sir God will never own you if you forbid his Honor. Truly Sir it horrors me to think of this For my Part I do humbly ask Pardon of this House and thereupon I take Leave and Liberty to give you my resolute Resolution I may I must I will do bodily Reverence unto my Savior and that upon Occasion taken at the mention of his saving Name Jesus And if I should do it also as oft as the Name of God or Jehovah or Christ is named in our solemn Devotions I do not know any Argument in Divinity to Control me Mr. Speaker I shall never be frighted from this with that fond shallow Argument Oh you make an Idol of a Name I beseech you Sir paint me a Voice make a sound Visible if you can when you have taught mine Ears to see and mine Eyes to hear I may then perhaps understand this Subtile Argument In the mean time reduce this dainty Species of new Idolatry under its proper Head the second Commandment if you can And if I find it there I will fly from it ultra Sauramatas any whither with you The Words are these Thou shalt not make to thy Self any graven Image or any likeness of any thing ullius rei that is in Heaven or in Earth Can you here find the Name of God in this Description of Idolizing Surely Sir my Savior is neither 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nor 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of any thing there forbidden nor 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 neither Sculptile nor Simulachrum nor Idolum All these are here and none but these and every of these doth signifie Spectrum aliquod some visible Object And must do so for to speak properly an Idol invisible is but imaginary Non-Sence When you can bring the Object of one Sence to fall under the Notion and Distinguishment of another Sence so that the Eye may as well see a Name or Sound as the Ear can hear it then a Name may be the Object of Idolatry till then this Argument will be too Sublime for my Understanding God was neither in the strong and mighty Wind nor in the Earthquake yet these hardly if possibly can be figured but a still small Voice this certainly is beyond the curious Art of Man to express and consequently free from all possible Peril of Idolatry And therefore thus in Deut. God doth Character himself Ye heard the Voice of the Words but saw no Similitude only ye heard a Voice Deut. 4.12 As if he should say I know you prone unto Idolatry but now commit Idolatry to a Voice to a Sound to a Name if you can I am grieved to see that Wretched Unlearned and Ungodly Pamphlet ascribed to Mr. Burton with that daring Impious Title Jesu-Worship confuted where by way of a scornful Sarcasme he is not afraid as with a Nick-Name to call Christians Jesu-Worshippers I return Mr. Speaker this as I said is a sad Point in Divinity to forbid exterior Worship unto God Was it ever heard before that any Men of any Religion in any Age did ever cut short and abridge any Worship upon any Occasion to their God Take heed Sir and let us all take heed whither we are going If Christ be Jesus if Jesus be God all Reverence exterior as well as interior is too little for him I hope we are not going up the back-Stairs to Socinianisme In a Word Sir I shall never Obey your Order so long as I have a Hand to lift up to Heaven so long as I have an Eye to lift up to Heaven For these are Corporal Bowings and my Saviour shall have them at his Name Jesus Yet Sir before I end give me lieve I beseech you to take off that which by mistake may else stick still upon me I never liked the Bishoply Injunctions in the late Novel Practices nor the severe Inquisition upon the bare Omission of this Posture The Bishops did rigorously exact it upon their own Heads the Crime of that Enforcement lies But I beseech you let not us be guilty in the other extream Truly to my Sence it will savor less of Piety and more of Tyranny In the last Place consider I pray that it is a Point Dogmatical not yet fully resolved by Divines Let us then be wary in it And let this with many other Points be referred to a National Synod For one we must have or else we shall break our Religion into a thousand Pieces For this present my Motion is as formerly that this Order be superseded by declaring to the Commons as your Words in the Order are that they do quietly attend the Reformation intended and that in the mean time they do as they ought obey the Laws that are A Letter was this Day read from the Lord Howard at Edinburgh Monday Novemb. 8. Letter from the L. Howard shewing the King's Diligence to Suppress the Irish Rebellion dated Novemb. 2d. 1641. directed to the Lord Keeper declaring That the King had again moved the Parliament of Scotland to take the Business of Ireland into further Consideration and though they will not do any thing in it till they hear from the Parliament of England Yet they have taken a survey of what Shipping
and Boats they have to Transport Men in and what Number of Men they are able to send over if need he and they find that they are able to Land a considerable number of Men in the North of Ireland and that with more speed and less charge then it can be done from any other part of the Kings Dominions and their Highlanders are conceived proper to fight with the Irish in their own Kind and Country amongst Hills and Boggs An Information was given in by one Col. Hunkes That two disbanded Troopers Moor and Mac-Miller had listed about 40 Men who were lodged near the Iron Gate of the Tower in St. Katharines and that one Bourk an Irish-man of Lincolns-Inn paid them 14 d. per diem that according to the Order of the House he had taken care to disarm them Whereupon Bourk being sent for and Examined confessed that he was an Irish-man and a Roman Catholique That he did this to advance his Fortunes being to Command them in the Service of the King of Spain against Portugal That he received Money from the Spanish Ambassador to pay them and that he did it upon the Order of the House of Commons dated the 26th of October last which gave Licence to Transport the disbanded Soldiers It appearing to the Lords that the Order did Expresly prohibit the Transporting of any of the Kings Subjects Natives of England or Ireland Bourk was committed to the Custody of the Gentleman Usher during the Pleasure of the House Moor and Mac-Miller were for a former misdemeanor in abusing the Lord General Sir John Conyers and assaulting and sending a Challenge to one Captain Trist committed before to Newgate Hereupon Order was sent to the Constable of the Tower to keep diligent Watch for the Safeguard of it The Justices of the Peace for Middlesex and the City of Westminster were also Ordered to make speedy and diligent search in and about the Suburbs of London and Westminster What Irish are residing in their several Jurisdictions and to cause their Names to be taken and return them into this House and to cause strong and good Guards to be set upon such as they find to be dangerous and suspected Persons untill the pleasure of this House be further known Directed To William Roberts John Hooker and Thomas Shepherd Justices of the Peace for Middlesex Upon the reading the Petition of the Bishops that are Impeached Council assigned to the Impeached Bishops shewing That the Councel that was assigned them by this House refuse to be of Council for them because they being Commoners are involved in all the Acts and Votes of the House of Commons Hereupon it was Ordered That Serjeant Jermin Mr. Hern Mr. Chute and Mr. Hales be sent for to give their Answers herein Order of the Lords to expel all Romish Recusants out of the Inns of Court and Chancery It was also this day Ordered by the Lords in Parliament That the Treasurers Recorders Readers and Benchers of the Societies of the four Inns of Court shall make or cause to be made diligent Search and Examination whether there be any Recusants of any Nation whatsoever admitted into their several Houses or into the Inns of Chancery belonging thereunto or live within the same Houses And if upon search any shall be found that they be forthwith dismissed and expelled out of the said Houses And it is further Ordered That no Romish Recusant shall hereafter be admitted into any the said Inns of Court or Inns of Chancery upon any pretences whatsoever Directed To the Treasurers Readers and Benchers of the Society of the Inner-Temple To the Treasurers c. of Grayes-Inn To the Treasurers c. of the Middle Temple To the Treasurers c. of Lincolns-Inn In the Commons House it was likewise Ordered Order of the Commons to tender the Oaths of Alleglance and Supremacy to Irish Recusants and others in the Inns of Court Order of the Commons to Examine all Irish endeavouring to pass over into Preland That the Oaths of Allegiance and Supremacy shall be tendred to the Irish Gentlemen and such others as are suspected for Recusants as are within the Inns of Court that are Students there and that the Lord Keeper shall be desired to award a Commission to that purpose to the Benchers of the several Inns of Court respectively It was also Ordered That all suspected Persons Irish and others that do endeavour to pass over into Ireland shall be Examined by the Mayor or other Officers of the several Ports where they endeavour to take Shipping upon such Instructions as they shall receive from this House and that the said Officers do tender unto all such persons the Oaths of Allegiance and Supremacy and to Convict such according to Law An Information was this day given in to the Commons against one Mr. Carter a School-Master at High-gate for words spoken by him Viz. Chamberlain an Informer That Mr. Carter said That they were mad that would read the Order of the House of Commons of the 8th of September concerning Innovations And for the Protestation there were none but fools had taken it Whereupon Mr. Green who was also present said he had taken it Carter replied It was for want of information and he would maintain that it was against Reason Justice and Law and whereas said he it is to maintain the Priviledge of Parliament no Justice of Peace nor Constable but had as much priviledge as they had And said further That it was against the King and State I answered him Are you wiser than two Kingdoms for the Scots have taken it likewise What do you talk said he of a Company of Rebels and Rascals the Parliament hath dishonoured the King and Kingdom by making a Peace with them Upon which complaint it was Ordered That Carter should immediately be taken into Custody by the Sergeant at Arms. By which passage the Reader may plainly see the Genius of those times and of those Men who verified the saying of the Poet Nec Hospes ab Hospite tutus No person could in common discourse have the freedom of conversation but was in danger of these Zealous Informers who made it their business to run with informations to the House of Commons against such as durst oppose their Votes and Arbitrary Orders Tuesday Novemb. 9. Serjeant Jermin Mr. Chute and Mr. Hales appeared this day before the Lords and declared themselves willing to be of Council with the Lords the Bishops in the Impeachment brought up from the House of Commons The Bishops to answer their Impeachment upon Friday November 12. as they were formerly assigned by the House Whereupon it was Ordered That the Bishops that are impeached shall put in their Answers to the said Impeachment on Friday Morning next and that the Bill concerning the Bishops Votes shall be deferred until then Upon report of the Lords Committees for the Irish Affairs Earl of Leicester scruples raising men without the Kings Commission that
from the Ports where they shall land the said Moneys that they have landed so much there 2. That Mr. Henley and Mr. Hawkridge are to pay to Sir Adam Loftus 20000 l that is 6000 l. upon sight and the other 14000 l. within 14 Dayes after that 15000 l. shall be paid here And the said Mr. Henley and Mr. Hawkridge are to receive 10000 l. in hand 5000 more at Six dayes and 5000 l. more at Two Months And they are to have a License for the Transporting of 20000 l. of Spanish Money And they are to have the Vse of such Shipping as is appointed to Transport Money for the present Service in Ireland And to make Entry of the said Sum in the Custom-House here and to bring Certificates from the Ports in Ireland where they shall land the said Money that they have landed so much there 3. The Commons desire that Sir Robert King and Col. Culpeper may be added to those that are appointed Assistants to the Committees for the Irish Affairs 4. That the Servants belonging to the King Queen Prince or to any of the Kings Children may according to the Law take the Oaths of Supremacy and Allegiance 5. That Magenes and Redmond against whom the Mayor of Chester sent up an Information may be brought up to the Parliament severally and not permitted to speak with one another and that they may be Examined upon such Interrogatories as shall be propounded by the House of Commons And that the rest of the persons that were in their Company and fled may be pursued with Hue-and-Cry and apprehended and such Irish Men that shall be stayed in the Ports may be Examined upon such Interrogatories as shall be presented by the House of Commons 6. That their Lordships would give the Commons an Answer touching the Proposition formerly brought up concerning the Issuing out of a Proclamation in Ireland to recall such Papists home here as have within one Year last past gone into Ireland Except the Earl of St. Albans and others who live there upon their Ancient Inheritance To all which Propositions the Lords Assented Then the House of Lords took into Consideration the Instructions which are to be sent into Scotland to the Committees there The Answer of the Lords to the Instructions to be sent to the Commissioners in Scotland and the several Articles being read the House gave these Resolutions as followeth To the First Article the House Assented as also to the Second Third and Fourth Resolved upon the Question by the major part That there shall go a thousand Scots out of Scotland for the repressing of the Rebellion in Ireland To the Sixth agreed to Ordered That the Debate of the Remanent Propositions shall be deferred until to Morrow In the Commons House Mr. Wheeler made a Report from the Committee concerning the Guards of Westminster and Middlesex The Establishment and Pay for a Guard for the Parliament Whereupon it was Resolved and Agreed That the Officers and Soldiers shall have Pay according to the List hereafter mentioned that this Pay shall begin on Monday next and for the time past the Recompence is referred to the Consideration of this House The Watch began the 20th of October Resolved c. That for the Orderly payment of them a Clerk shall be appointed as well for the paying of them as view of them and to keep Rolls That this Pay shall be made out of the Poll-mony remaining in the Charge of the Treasurers of Westminster That the Deputy Lieutenants of the County of Middlesex shall bring in the Names of such Persons as they will compleat their Companies withal to the Committee to be presented to the House That in regard the Company of Westminster is very large and the great increase of new Inhabitants and able Men to bear Arms that the Deputy Lieutenants shall consider some way how the same may be divided into two or more Companies so as there may be Two hundred Men in each To consider of some way to punish Defaulters and such as are unruly That the Officers of the Four Neighbour Companies shall be treated withal and out of those to have a hundred Men which may watch in turns  l. s. d. The Pay for 100 Men at 12 d. per diem 05 00 00 1 Captain 00 08 00 1 Lieutenant 00 04 00 1 Ensign 00 02 06 2 Sergeants 18 d. per diem 00 03 00 2 Drums 00 02 00 Clerk 2 s. per diem 00 02 00 Total per diem 06 01 06 The Train Bands to have 18 d. per diem so long as they Watch and to begin on Monday The Declaration or Remonstrance of the State of the Kingdom was still Hammering upon the Anvil with all the secresie imaginable for the Clerk of the Commons House was this day Ordered not to give out any Copies of it But in the Debate it was moved That a Consideration be had of adding to the Remonstrance the Sermons Preach'd in divers places before the King that the Subject had no Property in his Estate The Prayer set forth by the Bishops wherein they call the Scots Rebels The Clergies Contribution before the Convocation The Imprisonment of the Aldermen of London By which the Reader may observe that all the Scandals and Untruths imaginable were amassed and industriously sought out and collected to render the King and his Government suspected and hated and to bring the Loyal Bishops and Orthodox Clergy into the utmost contempt and hatred among the People A Letter was this day read in the Lords House Thursday Novemb. 11. Letters from Ireland sent from the Council in Ireland to the Lord Keeper dated the 5th of November shewing That the Protestants there will be utterly destroyed and that Kingdom lost from the Crown of England if present supply of Men Munition and Money be not sent them from hence The Lord Lieutenant also presented to the House a Letter from them of the same Date shewing That the Rebels there do proceed in their Rebellion and have seized on the Houses Estates and Persons of divers Men and Women of good Quality and have murdered many That they are in several Parts of Ireland gathered to the number of 30000 and threaten that they will not leave an English Protestant there and that they will not lay down their Arms until an Act of Parliament be pass'd for freedom of their Religion That the Council desires that they may be speedily supplied with 10000 Men and Arms and 100000 l. in Money And they offer it to their Lordships consideration whether it be not fit and convenient that Mac-guire and Mac-Mahon be sent into England for their better security Upon the reading of which Letters it was agreed to have a Conference with the House of Commons and to communicate the Letters to them It was signified to the Lords That Mr. O Neal being appointed to be Examined before the Deputed Lords concerning ill Counsel which was given to the King 's late
the People here 's the Kingdom to be put into a posture of Defence and a Protestation to assist the Parliament against all wicked Counsellors and Malignant Opposers to the utmost hazard of Life and Estate so that there wanted only an occasion to break out into actual Arms and open Rebellion if these Requests were not Granted This was the way of Petitioning of that time For the Faction now began to be bold and daring and under the Countenance and Protection of their Patriots in the two Houses to affront the Government in the most Insolent Manner imaginable and under the Pretence of Petitioning the Commons to gather together in such tumultuous Routs and Riots as if they would bid open Defiance to the King and the Laws and in truth such an Assembly as upon this Occasion met at Blackheath to subscribe such another Petition threatning what they would do if the Bishops c. were not thrown out of the Lords House would in any other Age have been reputed a plain Rebellion as in truth it was a Prologue to it and a kind of general Muster of the Strength and Effective numbers which the several Tribes of the Schismaticks were able upon Occasion at the Beat of their Pulpit or Petition Drums to bring into the Field against the King the Laws and the Established Government It was upon the Notice of these Tumultary Proceedings and Threatnings that the Guards were raised and placed about Westminster which the Faction in the two Houses who knew by Experience the use of these Tumults took so hainoufly and lest the Well-Affected should meet any discouragement in this Scottish Presbyterian Way of Reformation and fall into the Hands of the Law and Justice they resolved to tye the Hands of Justice behind her and to bind the Laws to the Peace and Good Behaviour which otherwise would have handled these Petitioners very severely with Riotosè's and Routoses contra pacem Domini Regis Tumultuary Petitioning incouraged and protected by the Faction in the Commons House And therefore for fear of the Worst It was Ordered in the House of Commons That the Vnder-Sheriff of Surrey be injoyned not to suffer any Proceedings to be made upon an Inquisition that concerns any Persons that met to subscribe a Petition to be preferred to this House till he shall receive further Order from the House And in truth the Faction in the two Houses carried all before them with that Violence and Impetuosity that many both of the Lords and Commons seeing themselves unable to do any thing towards cooling their Heats or abating their Rigors and that who ever did in the least oppose their Proceedings inevitably drew upon himself some furious Vote or a Prison as a mark of their Displeasure withdrew themselves from the Parliament which as it gave the Faction great Encouragement so likewise it gave them opportunity to do what they pleased without control His Majesty taking notice thereof issued forth the following Proclamation to command their Attendance who were absent as follows By the KING A Proclamation for the Attendance of the Members in both Houses in Parliament HIs Most Excellent Majesty having Summoned this present Parliament A Proclamation for absent Members to attend the Parliament Dec. 12. 1641. in His princely Care of the good and Welfare of His lobing Subjects In the continuance of the same Care doth with Advice of His Privy Council by this His Royal Proclamation declare His Royal Will and Pleasure to be That all the Members of both Houses of Parliament do repair to the Parliament at Westminster at or before the Twelfth of January next and give their due and diligent Attendance in Parliament To the end that this Kingdom may fully injoy the Benefit and Happiness which His Majesty intendeth unto them by Summoning and continuing of this Parliament And of his Majesties Will and Command they are to take Notice by this His Proclamation and to give a just Observance thereunto upon such pains and penalties as by Law and Iustice may be inflicted upon them Given at His Majesties Palace of White-Hall the Twelfth day of December in the seventeenth year of his Majesties Reign God save the KING The Lords at a Conference this day with the Commons Monday Decemb. 13. agreed That the English Commissioners should have power to Treat with the Scottish Commissioners for the Raising of 10000 Men for the Service of Ireland The Commons also informed the Lords That they had taken the Request of the French Ambassador concerning banishing the Seven Condemned Priests into consideration and desire the concurrence of their Lordships that Execution may be done upon five of them viz. upon Hamond Rivers alias Abbot Walter Coleman alias Colmer Francis Tornam alias Winmore and one Frier Whereupon it was upon the Debate in the Lords House Resolved to have a Conference To know the Reasons that induced the Commons to be of Opinion that five should be Executed and two Saved In the Commons House Mr. Glyn Reported the Conference concerning the 13 Bishops that stood impeached that the Lord Keeper said That the Bishops Council insisted still upon the Plea and Demurrer and that they took exceptions to the last Conference because there was delivered to the Reporter of the Lords House the Arch-bishop of York a Paper intituled A Report made by Serjeant Wild from the Committee for the 13 Bishops He said he conceived for his part that it was the Vote of the House but to satisfie that Objection desired to know the Answer of the House I told his Lordship it passed the Vote of the House and that Paper was but as a Memorandum to the manager of that Conference and delivered by him at that time to the Reporter of the Lords House to enable him to Report but did not conceive this Vse would have been made of it or that it should have been shewed to the Bishops Council Tuesday Decemb. 14. Several invidious things proposed by the Commons at a Conference viz. a Declaration against Tolleration of the Romish Religion c. The Lord Keeper Reported this day the Conferences Yesterday with the Commons That divers Papers were read brought from the House of Commons The first Paper consisted of Motives which induced the House of Commons to make their particular Requests The second Paper was the desires of the House of Commons That the Lords would joyn with them in an humble Petition to the King against Toleration of the Romish Religion in England and Ireland and that his Majesty would make a Declaration to this purpose The third Paper was a draught of a Declaration to that purpose The Fourth Paper was a Declaration to be made by the Queen upon the Petition of both Houses to His Majesty to perswade her thereunto That for preventing of all Scandalous Reports and Apprehensions of the Queens Majesty as if she had or would favour and incourage the Rebels in Ireland His Majesty would be graciously pleased to advise
of Guns and Carriages and such like one Ingineer or two to attend our Army and that some hand-Mills be provided for the Companies in Marches 3. That Horses be provided for the Baggage of the Army and Train of Artillery and Carriages for Carriage of Bread and other Provisions for the Mouth and that to make Draggooners every 100 Men have 10 Horses appointed for them 4. That the Inhabitants of any Towns or Villages in any Province where our Army shall be for the Time be appointed to receive Orders from our Commanders and to bring in Victuals for Money in an Orderly Way as shall be directed by them with Provisions of Oats Hay and Straw and such other Necessaries and that when it shall be found for the good of the Service the Country People which are not levied in Regiments be ordained to rise and concur with our Troops and receive Commands and Directions from our Commanders 5. That the Troops of the Kingdom of Scotland go in the Way and Order of an Army under their own General and Subaltern Officers and that they have a Circle or Province appointed them which they shall fall upon and assail wherein they shall prosecute the War as in their own Judgment they shall think Expedient for the Honor of the King and Crown of England and that they have Power to give Conditions to Towns Castles and Persons which shall render and submit themselves as they shall find for the good of the Service wherein they are imployed which they shall oblige themselves faithfully to do and perform to the uttermost of their Power and shall be answerable to his Majesty and the Parliament of England for their whole deportment and Proceedings whereof they shall from time to time give them an Account That such Towns and Places as shall be recovered from the Rebels by our Army be at the disposing of our Commanders during their aboad there and when it shall please God that the Rebellion shall be suppressed in the Circle assigned to our Army they shall be ready to do Service in any other Place which shall be appointed to them And if it shall be found for the good of the Service that our Army joyn with the King's Lieutenant and his Army that our General shall only * * Give Place Cede to the King's Lieutenant of Ireland and receive in a Free and Honorable Way Instructions from him or in his absence from the Lord Deputy or any other who shall have the Government of that Kingdom by authority derived from the Crown of England and shall precede all others and only give Orders to the Officers of his own Army and that the Armies the Right and the Left hand Van and Rear Charge and Retreat successively and mix not in quartering nor marching And if it shall be found fit to send Troops out of either Army that the Persons to be sent out of our Army be appointed by their own General the Lieutenant of Ireland prescribing the Number which shall not Exceed the fourth part of our Army whereunto they shall return after the Service is done And that no Officers of Ours be commanded by one of his own Quality and if the Commanders of the Troops so sent out of either Army be of one Quality that they Command the Party by turns 6. That our Army be assured of three Months Pay to be put in the hands of the Treasurers and Commissaries appointed by us at their Rendezvouz in Ireland and that before that time expire there be a Months Pay put in their hands and so from Month to Month and that in this our Brethren of England may be put to no more charge then is just and necessary and that it may appear that we offer our Assistance for Love only We do desire that there may be a Muster-Master appointed to make strict and frequent Muster of our Troops and that their ways bâ—â—â— looked unto that they make no such unlawful advantages 7. Seeing we have voluntarily and freely made offer of our Forces to this Service and to transport them to Ireland upon our own Charges and will be subject to all Hazards which may follow thereupon and will have the same Friends and Enemies with England in this Employment and must therein stand and fall with them We expect and desire that the King and State of England will take us into the same consideration and Reward our Service with the like Honours Recompences and Plantations as they shall do the English or Irish who shall deserve well in this Business for if we shall with the Hazard of our Lives do good Service to his Majesty and the Crown of England it is most agreeable to Reason that we be sharers of the Fruits of our Pains the persons so rewarded being always tyed to the same Conditions and being subject to his Majesty and Crown of England as the English are and shall be Sic Subscribitur Ja. Primrose Whereupon it was Ordered Letters from Ireland That the Propositions be debated to Morrow Then Letters from the Lords Justices of Ireland were read the Contents whereof was That they understand that there are Ships laden with Armes and Ammunition at Dunkirk to be carried to the Rebels in Ireland and that the Rebels are on both sides of Tredagh which makes that Town in great want for Victuals The Lord Admiral acquainted also the House that he had received Information of 4 Ships that are at Dunkirk with Arms and that Men are providing there to be Shipped for Ireland Whereupon it was Ordered That his Lordship be desired by the next Pacquet-Boat that goes for those parts to send over some discreet Man to give true Information of the Preparations there The Commons having by a Message acquainted the Lords that they are willing to joyn with them in searching into the business about the Lord Newport and to Petition his Majesty to discover who informed him the Lords resolved to joyn with them in it and the Lords appointed to draw heads for the Conference were appointed to joyn with a proportionate number of Commons to make a draught of a Petition to be presented to his Majesty about this Business The Gentleman Usher was sent again to the People gathered together about the Parliament Houses Tumults and was to let them know That this House dislikes their coming in such Multitudes and Commands them to be gone and if they have received injury or hurt by any body if they represent their Names to this House their Lordships will see that Justice be done But this would not do the Lords were no terror to them so long as they were assured of the favour of the Factious Party of the Commons A Message was therefore sent to the Commons for a Conference concerning the Tumults upon these Heads 1. To desire the House of Commons to joyn with this House in a Declaration to be Printed and Published of their dislike of the Assembling of the People in such Companies
through this little Artifice and therefore the Merchants c. being withdrawn after much consideration the Question was put Whether this House will joyn in an humble Petition with the House of Commons to his Majesty to remove Sir John Byron Knight The Lords refuse to joyn with the Commons in a Petition to displace the Lieutenant of the Tower Several Lords enter a Protestation against the Vote for not joyning with the Commons about the Lieutenant of the Tower from being Lieutenant of the Tower of London and to place Sir John Conyers in that Place And it was Resolved Negatively These Lords following before the Question was put demanded their Right of Protestation and that they might have liberty to Enter their Dissents to this Vote which the House gave leave unto Lord Admiral Earl of Bedford Earl of Pembroke Earl of Leicester Earl of Sarum Earl of Warwick Earl of Holland Earl of Bolinbrook Earl of Stamford Viscount Say and Seal Lord Wharton Lord Pagett Lord North Lord Hunsdon Lord Willoughby de Parrham Lord St. Johns Lord Spencer Lord Kymbolton Lord Brooke Lord Roberts Lord Grey de Warke Lord Newnham Lord Howard de Escrick After which the Committee of the House of Commons were called in and the Councel of the Bishops standing at the Bar the 12 Bishops were severally brought in one after another First The Bishops answer to the Impeachment of the Commons The Arch-Bishop of York was brought to the Bar and after he had kneeled as a Delinquent he was commanded to stand up And then the Speaker by direction of the House told him That this Day was appointed for the 12 Bishops to put in their several Answers to the Impeachment of the House of Commons of High Treason against them and that their Lordships do require him to put in his Answer thereunto His Grace Answered That he had received an Order Dated the 30th of December last with an Impeachment against himself and 11 other Bishops of High Treason from the House of Commons And likewise divers Orders of several days that were appointed for them to put in their Answers and the last Order for this day which accordingly he is come to obey their Lordships Commands And for his own Answer to the aforesaid Impeachment of High Treason he gives his Answer in this manner I John Arch-Bishop of York saving to my self all advantages of Exceptions to the insufficiency of the said Impeachment for my self say That I am not Guilty of the Treason Charged by the said Impeachment in manner and form as the same is therein charged Then he desired a present and speedy Tryal and so withdrew In the same manner Thomas Bishop of Durham Robert Bishop of Coventry and Litchfield Joseph Bishop of Norwich John Bishop of St. Asaph William Bishop of Bath and Wells George Bishop of Hereford Matthew Bishop of Ely Robert Bishop of Oxon Godfrey Bishop of Glocester John Bishop of Peterborough and Morgan Bishop of Llandaff were severally brought to the Bar and gave the same Answer The Bishops having given in their Answers the Committee of the House of Commons went to their own House Then a Petition of the Bishops was read as followeth To the Right Honourable the Lords Assembled in the House of Peers The Humble Petition of John Arch-Bishop of York and other the Bishops Impeached by the House of Commons of High Treason the 30th of December last Humbly Sheweth THat your Petitioners by your Honourable Order of the date of the Impeachment The Bishops Petition to be speedily Tryed or Bailed were to put in their Answers thereunto the 7th of this Instant and have had sit hence several days for that purpose assigned them and are now this 17th of this Instant brought hither by your Lordships Order They always having been as now they are ready to obey your Lordships Commands and many of them already much Impaired both in their Health and Estates Do most Humbly Pray That a Speedy proceeding may be had therein and that in the mean time they may be admitted to Baile And your Petitioners shall ever Pray for increase of Honour and Divine Blessing upon your Lordships Jo. Eborac Godfr Glouc. Jos Norvic Tho. Duresme Jo. Asaph Guil. Bath Well Geo. Hereford Mat. Eliens Ro. Oxon. Jo. Petriburg Mor. Landaff Ro. Cov. Litch Hereupon It was Ordered by the Lords The Bishops remanded to Prison That the day of Tryal for the twelve Bishops which are Impeached of High Treason by the House of Commons shall be on Tuesday the 25th of this Instant January at the Bar of the Lords House In the mean time the Bishop of Durham and the Bishop of Coventry and Litchfield shall be remanded to the Custody of the Gentleman Vsher attending this House and the other ten to be presently remanded to the Tower there to remain until the further Pleasure of the House be known And a Message was sent to the House of Commons by Mr. Serjeant Finch and Mr. Serjeant Glanvile to acquaint them with this Order The Lord Keeper being indisposed had by the leave of the House retired himself but before his going had delivered a Letter from the King to the Speaker of the Lords House for the time which was read as follows To Our Trusty and Right well-beloved Councellor Edward Lord Littleton Lord Keeper of the Great Seal of England A Letter and Message to both Houses from the King concerning the Prince CHARLES R. O Or Will and Command is That you deliver to the Parliament in Our Name the Message inclosed concerning the Marquess of Hertford's Attendance upon Our Son and for so doing this shall be your Warrant Given at Our Court at Windsor the 17th Jan. 1641. His Majesty hath seen the Order of the Lords upon the Motion of the House of Commons given to the Marquess of Hertford concerning his Care in attendance upon the Prince not without Wonder that the Parliament should make such an Order which can hardly be otherwise understood but as if there had been a Design of sending the Prince out of the Kingdom which must necessarily have reflections upon his Majesty the Prince being now in the same Place with him And his Majesty hath shewed himself both so good a Father and a King that he thinks it strange that any should have such a thought as that he would permit the Prince should be carried out of the Kingdom or that any durst give him that Counsel Whereupon it was Ordered That this Message be communicated to the House of Commons at Grocers-Hall And then the House was adjourned till the 20th of Jan. In the Commons House Mr. Quelch balled It was Ordered That Mr. Quelch now in the Serjeant's Custody by order of the House shall be forthwith bailed It was rare that ever they absolutely discharged any Person who once came under their Hands though but for the slightest Information and they rather chose to let them go under Bail by which Artifice they
fruition of your future favours The fixion our Confidence in you before any other of the Peers and privy Councellors of the Kingdom doubleth this Obligation Your Lordship may therefore be pleased to acquaint the Lords Justices and Councel to be imparted unto his Sacred Majesty with our Grievances and the causes thereof the reading of which we most humbly pray and the manner of it First the Papists in the neighbouring Counties are severely puniâ—â—ed and their miseries might serve as Beacons unto us to look unto our own when our Neighbours Houses are on fire And we and other Papists are and ever will be as loyal Subjects as any in the King's Dominions For manifestation whereof we send herein inclosed an Oath solemnly taken by us which as it received indelible Impression in our hearts shall be sign'd with our hand and seal'd with our Blood Secondly There is an incapacity in the Papists of Honour and the Immunities of true Subjects the royal Marks of distributive Justice and a disfavour in the Commutative which rais'd Strangers and Forreigners whose valour and vertue was invincible when the old Families of the English and the Major part of us the meer Irish ddi swim in blood to serve the Crown of England and when Offices should call Men of worth Men without Worth and merit obtain them Thirdly The Statute of the 2 Eliz. of force in this Kingdom against us and they of our Religion doth a little disanimate us and the rest Fourthly The avoidance of Grants of our Lands and Liberties by Quirks and Quiddities of the Law without reflecting upon the Kings Royal and real Intention for confirming our Estates his Broad Seal being the pawn betwâ—â—t his Majesty and his people Fifthly The restraint of purchase in the meer Irish of Lands in the Escheated Counties and the taint and blemish of them and their posterities doth more discontent them than that plantation Rule for they are brought to that Exigent of poverty in these late times that they must be sellers and not buyers of Land And we conceive and humbly offer to your Lordships consideration Principiis obsta that in the beginning of this Commotion Your Lordship as it is hereditary for you will be a Physitian to cure this Disease in us and by our Examples it will doubtless beget the like auspicious scucess in all other parts of the Kingdom For we are of opinion it is one sickness and one pharmach will suffice Sublata causa tollitur Effectus And it will be recorded that you will do service unto God King and Countrey And for salving every the aforsaid Soars your Lordship is to be an humble Suitor in our behalf and of the rest of the Papists that out of the abundance of his Majesties Clemency there may be an Act of Oblivion and general pardon without restitution or Account of Goods taken in the time of this Commotion a liberty of our Religion a repeal of all Statutes formerly made to the contrary and not by Proclamation but Parliamentary way A Charter free Denizen in ample manner for meer Irish All which in succeeding Ages will prove an Union in all his Majesties Dominions instead of Division a Comfort in Desolation and a Happiness in perpetnity for an eminent Calamity And this being granted there will be all things Quae sunt Caesaris Caesari and Quae sunt Dei Deo And it was by the Poet written though he be prophane in other matters yet in this prophetically Divisum Imperium cum Jove Caesar habet All which for this present we to leave your Honourable Care And we will as we ever did and do remain Your very humble and assured ever to be Commanded Hugh mac Gillernow Farrall James Farrall Bryan Farrall Readagh Farrall Edmond mac Cael Farrall John Farrall in Carbuy Garret Farrall Lisagh mac Conel Farrall Bryan mac William Farrall James mac Trig Farrall his Mark Morgan mac Carbry Farrall Donnagh mac Carbry Farrall Richard mac Conel Farrall William Mac James Farrall James Farrall Taghna mac Rory Farral Cormack mac Rory Farrall Conock mac Bryne Farrall John mac Edmund Farrall John Farrall Roger mac Bryne Farrall Barnaby Farrall Redeagh mac Lisagh Farrall Connor Oge mac Connor Farrall Edmond mac Connor Farrall Cahel mac Bryne Farrall Before the Parliament broke up the Popish Lords deputed the Lord Dillon to go into England to carry over their Desires to the King and to represent the Means which they thought fittest for the suppressing of the Rebellion and he with the Lord Taaf imbarqued for England but by stress of Weather the Vessel was driven into Scotland and they took their way by Land for London But the Parliament having notice of their coming they were by Order of the Commons seized upon and brought up in safe Custody and all their Papers searched and Examined So unwilling it seems was the Faction that any Address should be made to the King or that any Steps should be made towards the reducing that Kingdom to his Majesties Obedience by any sort of Treaty or Accommodation By this procedure though they gained upon the good Opinion of the People whose favor they most industriously courted and to whom nothing sounded more pleasant then what seemed to express a Hatred and Detestation of the Irish Rebellion and Religion yet certainly was it a means of running the Rebels into such Extremities as dispair of Mercy are wont to produce in those who have transgressed the Bounds of Law and Duty and know their Lives and Estates without it to be forfeited to Justice But for the better understanding of this and some other Particulars the Reader may peruse the following Extracts of some Letters from the Board in Ireland which I found among the old Papers of the Clerk of the Parliaments Office Extract of a Letter of the Lords Justices and Council of Ireland to the Lord Lieutenant dated the 25th of November 1641. THe Rebels in the County of Wexford increasing daily Extract of divers Letters of the Lords Justices Council of Ireland to the Lord Lieutenant received the 6 of December by Mr. Fitz-Girald read Dec. 10. 1641. have taken the Castles of Arickloe Limbrick the Lord Esmond 's House and Fort-Chichester places of good Strength and Importance The Rebels also in the County of Wickloe have laid Siege to his Majesties Castle of Wickloe those in that Castle were in fight with them Yesterday what the issue is we yet hear not and some of those Rebels in the County of Wickloe have dared to come within four Miles of this City and swept away great droves of Cattle And in both Counties as well Wickloe as Wexford all the Castles and Houses of the English with all their substance are come into the hands of the Rebels and the English with their Wives and Children strip'd naked and banished thence by their fury and rage The Rebels in the County of Longford do still increase also as well in their Numbers as in their
the House of Lords concerning the Earl of Strafford 197. to the Lord Keeper denying to pass a Commission for the Parliaments Commissioners 468. to the Lord Keeper 497. to Mr. Nicholas Shewing his resolution to maintain the Establish'd Religion 683. to both Houses about the Prince 889. Letters by Order of either House of Parliament to Sir Jacob Ashley 228. to the Army 235. to the Lord General 441. 445. 453. to the same concerning Hull 448. to the Sheriffs about Pooll-Money 458. to the Lord Generall about Disbanding 461. to the Lords Justices of Ireland in behalf of Sir George Radcliff 464. to the Commissioners in Scotland 494. to the Lords Justices of Ireland 602. Letters of the Lords Justices of Ireland to the Lord Lieutenant General concerning the Irish Rebellion 514. to the Earl of Ormond to persecute the Rebels 538. to the Lord Keeper and Lord Lieutenant of the great Danger there 624. to the Nobility and Gentry informing the Discovery of the Plot 628. to the Earl of Ormond concerning the same 629. to the Lord Keeper and Lord Lieutenant concerning the condition of the Place 661. to the Parliament about the Dunkirkers 784. to the Privy Council 889. to the House of Commons 892 893. to the Lord Lieutenant 900 901 902 911. to the Speaker of the House of Commons 903. to the Lords of the Pale 906. Letter of the Earl of Strafford to the King desiring him to pass the Bill against himself 190. from Newcastle read in the House of Lords 337. of Mr. Percy to the Earl of Northumberland 286. of Father Philips to Mr. Mountague in France 315. of the Queen of Bohemia of thanks to the Parliament 411. of the Speaker of the House of Lords of Ireland to the House of Lords of England gives offence 417. of the Earl of Holland about Disbanding 457. of the Lord General to the Parliament 469. of the Lord Howard about a Conspiracy in Scotland 488. of Sir William Cole to the Lords Justices just before the Discovery of the Rebellion 519. of the Earl of Strafford concerning the State of the Army in Ireland 537. of Sir Henry Vane to the Lords Justices of Ireland 565. of the Lord Howard to the Lord Keeper 603. 612. those from France and Antwerp stopt 615. of the Earl of St. Albans about Affairs in Ireland 686. of Sir J. Temple concerning the same 7â—1 Letters of a Plot against the House of Commons 836. a conjecture at the Writer 837. Letters to one Mr. Crofts ordered to be opened 847. of Sir Phelim O Neal to Sir William Hamilton 895. of one Roche intercepted 896. of the Inhabitants of Longford to the Lord Dillon 898. of Collonel Monk to the Lord Lieâ—tenant of Ireland 919. Letters from Foraign Parts ordered to be opened 247. 307 523. Licence for Raising men for the Dutch Service 723 724. Lie given to a Peer is a Breach of Priviledge 380. Lilburn Votes in his Favour 211. Bishop of Lincoln gives Offence to the House of Commons 477. List of the Prime Papists desired by the House of Commons to be secured 662. debated by the House of Lords 667. of the principal Irish Rebels 888. Robert and Thomas Little Witnesses for the Earl of Strafford 54. 70. Locumtenens see Custos Regni Sir Adam Loftus a Witness in the Earl of Strafford 's Case 58 61 78. Bishop of London a Witness in the Case of the Earl of Strafford 82. released of Tenths upon the Poll-Bill 780. Londoners Petition against the Earl of Strafford 160. mov'd to lend Money 236. 407. 411. 595. 597. their Controversie with the Lord Mayor about the Election of a Sheriff 318 319. 407. 409. referred 413. 445. determin'd pro hac vice 456. are Mutinous 459. Petition for a Fast 463. and against Bishops Votes c. 733. and for displacing Collonel Lunsford Lieutenant of the Tower 773. Londonderry in Ireland Votes about it 461. Justice Long sent to the Tower for placing a Guard about the Parliament House without their knowledge 732. released 772. William Long a Witness against the Earl of Strafford 54. Longford the Inhabitants there their Letter to the Lord Dillon 898. Lords-day Idoliz'd by the House of Commons 325. 436. 777. Lords House Interpreters of Acts of Parliament in Parliament time 625. Lords sent for by the King not permitted to go by the House of Lords 836. Lorky a Witness against the Earl of Strafford 74. Roger Lott a Witness against the Earl of Strafford 59. Sir Gerard Lowther Articles against him 570. Sir Thomas Lucas a Witness in the Case of the Earl of Strafford 86. M. LOrd Macguire 's Relation of the Irish Rebellion 543. Mac-Mahon his Examination and Confession about the Irish Rebellion 521. Managers of the Cause against the Earl of Strafford 29. deny reasonable time for answer 40. 54. 81. 100. Earl of Manchester 's Manuscript Memoires cited 206 209 272. 427 689. Manifesto of the King about the Palatinate 383. Sir Philip Manwaring a Witness for the Earl of Strafford 78 81. Marches of Wales a Bill about them 394. Mariners a Bill for raising them 236 237. 243. Marshal Ordered to Preach before the House of Commons on the Thanksgiving-day 467. and on the Fast-day for Ireland 756. receives the thanks of the House and a Piece of Plate of 20 l. 775. Maynard appointed a Manager of Evidence against the Earl of Strafford 29. his Speech against the Earl of Strafford upon the first Article 48. one of the Commission to expedite the Charge against the Arch Bishop of Canterbury 265. Lord Mayor of London quells a Tumult about the Spanish Ambassadors House 187. his with the Aldermens c. Petition to the King about his going to the House of Commons 841. Maxwel a Witness against the Earl of Strafford 78. his rudeness why not taken notice of by the House of Commons 195. searches for Priests 651. Bishop of Meath an Account of him 535. Memoirs of the Earl of Manchester cited 206 209 272 427. 689. Memorial of the Venetian Ambassador about breaking open his Pacquet 640. Memorials from the Scotch Commissioners 440. Mr. Audly Mervin 's Speech at exhibiting Articles against Sir Richard Bolton 566. Message of the King to the House of Commons concerning the Tumults disregarded 189. to the House of Lords concerning the same 210. to the House of Commons concerning the Lord Cottington 236. to the House of Lords concerning Disbanding the Army 314 318. to the House of Commons about the Queen Mother 329. to the same concerning the Officers of Star-Chamber 368. and about a Priest of the Venetian Ambassador 394. to the House of Lords concerning Commissions 410. to the same about Soldiers for the Spanish Ambassador 457. to the same concerning Guards 684. to both Houses about the Scots Commissioners and some Priests interceded for by the French Ambassador 719 731. to the House of Lords concerning Voluntiers for Ireland 787 789. to the Lord Major c. of London to suppress Tumults 804. to the House of
Plot against Mr. Pym by way of Plaister 496. of one Beal a Taylor 646. Plot in Army 653. against the House of Commons 836. against some Lord 843. Pluralities a Bill against them 257 a Proviso for Chaplains c. 496. Poll Bill the Rates 293. a Record concerning it 324. past the House of Lords 325. and the King 327. Poll Money an Order concerning it 458. Captain Pollard committed on suspition of Treason 288. bailed 324 voted to have his Pay 477. voted guilty of Misprision of Treason and expell'd the House of Commons 725. Earl of Portland 's Defence against the Commons who would remove him from his Government of the Isle of Wight 655. Ports ordered to be stopt 232. Portsmouth Garrison Money ordered for it 449. Order of the House of Commons for its security 845. Marmaduke Potter a Witness against the Earl of Strafford 54. Sir Herbert Price sent to the Tower for bringing in Candles without Order 272. discharged 288. Priest of the Venetian Ambassador Imprisoned 394. Priests and Jesuites ordered to be Apprehended 647. Priests Condemn'd interceded for by the French Ambassador 719 731. Vote of the House of Commons that they be Executed 732 740. Prince see Charles Printer Imprison'd for an Elegy on the Earl of Strafford 246. bailed 324. Printing of the Orders of the House of Commons when first 390. Priviledge broken by giving the Lye to a Peer 380. by the Kings Speech 739. and by his coming to the House of Commons to demand the 5 Members 822. Proclamation of the Earl of Strafford concerning the Importation and Sale of Tobacco 66. Proclamation to bring in Mr. Percy c. 233. for disbanding the Horse 429. for establishing Religion 730. for absent Members to attend 736. against Tumults 786. for suppressing the Irish Rebellion 809. Proclamation of the Lords Justices of Ireland for stopping the Rebellion 522. for satisfaction of the Lords and Gentlemen of the English Parliament 631. for strangers to depart Dublin 637 638. against the Calumny of the Rebels acting by the Kings Commission 638. forbidding Soldiers to return to England 918. Proposition concerning Ecclesiastical Affairs presented to the House of Commons 301. ten Propositions of the House of Commons to be presented to the King upon his going for Scotland 310. debated 317 373. five new heads added 394. Propositions of the Scots Commissioners and the Answer of the English Commissioners for concluding the Peace 421. of the House of Commons to the Scots Commissioners for the Kings stay Fourteen days 433. of the French Ambassador for Soldiers 436. of the Scots Commissioners upon the difficulties of marching their Army home 438. of the House of Commons to the House of Lords about the Irish Rebellion 524. several invidious Propositions of the House of Commons at a Conference 737. Propositions of the Scots Commissioners about assistance for Ireland 742 762 778 782 799. of the House of Commons about the Irish Parliament 768. of the House of Lords to the House of Commons about the Scotch assistance for Ireland 768. briskly answer'd by the House of Commons 771. Protections complained of by the Londoners 509 646. Votes of the Committee upon it 510. Case of Mr. Benson about it 595. Votes about it 596. Protestation of Secresu required by the House of Commons of their Members 11. a Protestation ordered to be printed and sent into all Counties 229. Direction for taking it ibid. taken by some Recusant Lords 237. Jesuitically explain'd by the Presbyterian Commons 241. A Bill for imposing it rejected by the House of Lords 414. imposed on the Tower Guards 466. Protestation of six Lords against publishing the Order about Tumults 483. of both Houses concerning the breach of Privilege by the Kings Speech 750. of divers Lords against putting off the Debate of the Tower 779. of the Bishops 794. of the Lords dissenting to the Vote about the Lieutenant of the Tower 882. of the Irish Parliament against the Rebellion 898. Pryn ordered to be restored to Lincolns-Inn 251. Public Faith a Bill for it 437. Pury an Alderman of Glocester his Speech against Deans and Chapters 289. Sir Robert Pye a Witness against the Earl of Strafford 39. Pym moves for a Grand Committee about Irish Affairs 5. one of the Committee to prepare a charge against the Earl of Strafford 7. impeaches him in the House of Lords ibid. delivers the Articles against him 8. his Speech upon that occasion 9. carries up Articles of further Impeachment 11. appointed a manager of Evidence against him 29. his Speech at the Trial 30. his Reply to the Earl of Strafford 's defence 47. his Speech at summing up the Evidence 145. his Speeches ordered to be Printed 237. Order to stop a Suit against him 393. his Report of what had been done during the Recess 488. a Plot against him 496. his Speech at the Conference for excluding the Bishops from voting in the case of the thirteen Impeach'd 500. his Speech concerning evil Councellors 619. Impeached of High-Treason 811. Q QUaerie's put to the Judges about matters in Parliament 374. Quaeries proposed by the Irish Parliament to the Judges there 572 575 584. Queen present at the Trial of the Earl of Strafford 29. a Conference about her Journey to the Spaw 390. Reasons against it 391. a Message to her about it 392. her answer 393. her Message to the House of Commons about it 405. answer to their thanks 406. her answer about the Capuchins 448. complemented by the Commissioners of both Houses for Scotland 452. her Answer 456. Message to her about the Prince 597. her Answer ibid. her Answer concerning Fa. Philips 605. Information of a design to seize her c. 781. Queen Mother a Conference of both Houses about her 237 247. Tumults about her ibid. a Message concerning her 329. Mr. Quelch Minister of St. Bennet Grace-Church inform'd against by Alderman Penington 776. bailed 884. Grand Question concerning Bishops Votes in Capital causes an Abstract of it 503. R. RAbble Tumult about the Spanish Embassadors house 187. stop the Lord High Steward 188. post up the conscientious Members under the name of Straffordians Ibid. They Petition against him 189. Raby the Title of Baron of it conferred on Sir Tho. Wentworth 3. Sir George Radcliff impeach'd by the House of Commons 8. has liberty to take the Air 412. his Petition to the House of Lords 464. Articles against him by the House of Commons of Ireland 570. Rails about the Communion Table pull'd down by the Sectaries 271 322 389. trouble about them 491. Railton a Witness for the Earl of Strafford 54. Lord Ranulagh a Witness in the Case of the Earl of Strafford 36 57 59 83. 70 71. Rebellion see Irish Reasons of the Lords for Bishops voting in Parliament 259. answered by the House of Commons 260. Reasons against the Queens Journey to the Spaw 391. against the King's Journey to Scotland 430. of the House of Commons for sitting on the Lord's Day 436. of the King for not signing
Ant. Van Dyck pinxit R. White sculpsit THOMAS EARLE OF STRAFFORDE Viscount Wentworth Baron Wentworth of Wentworth Woodhouse Newmarch Oversley Raby Ld. Lievtenant Generall and Generall Governor of the Kingdome of Ireland and Ld. President of the Councill established in the North parts of England Ld. Lievtenant of the County City of York one of his Maty most honble Privy Councel and Knight of ye. most Noble order of the Garter EN DIEU EST TOUT HONI SOIT QVI MAL Y PENSE Printed for A. Mearne T. Dring B. Took T. Sawbridge and C. Mearne AN Impartial Collection OF THE Great Affairs of State From the Beginning of the SCOTCH REBELLION In the Year MDCXXXIX To the Murther OF King CHARLES I. WHEREIN The first Occasions and the whole Series of the late Troubles IN England Scotland Ireland Are faithfully Represented Taken from Authentick Records and Methodically Digested By JOHN NALSON LL. D. VOL. II. Published by His Majesty's Special Command LONDON Printed for S. Mearne T. Dring B. Toke T. Sawbrige and C. Mearne MDCLXXXIII TO HIS MOST Serene and Excellent MAJESTY King Charles II. GREAT SIR AS Your Majesties Gracious Incouragement gave the first Life and Being to this Work so it naturally in all humble Duty addresses it self for Protection under the Wing of Your Favour and Royal Mercy which Your Majesty so justly challenges as a Virtue more peculiarly Eminent and Conspicuous in your whole Life then in any of Your Illustrious Predecessors It is Necessity and not Presumption which obliges the Author to Prostrate himself and this Book at Your Royal Feet For though the whole World can shew nothing so Harmless and Innocent as Truth yet is she not able to defend her self from her constant Enemies Malice Error and ill Designs nor knows she whither to flie for a secure Refuge but to the Sanctuary of the Great Defender of the Faith to which the nearness of her Relation raises in her a comfortable hope that she shall participate of the same Royal Protection There are some Persons whose Interest it is to lie behind the Curtain even in the present Age and who therefore cannot with patience bear the drawing of it so as to let in the light into that which is past lest by comparing former Occurrences the Temper Inclinations Principles and Movements of those Times there should be discovered so near a Resemblance between the Lineaments and Proportions of the past and present as to be too convincing that there is no greater difference then between the elder and the younger Brother of the same Parents Rebellion and the Good Old Cause Nor is it strange to see some sort of People very angry with the hand which presents them with a Glass wherein they may see the Exact and true Image of Rebellion and Sedition when they can no sooner look into it but they find their own Faces there But it would be not only a Wonder but a Miracle if they should not shew their Resentments against both the Workman and his Work and by indeavouring to hurt his to secure their own Reputation But Your Majesties Grace and Favour is such an Amulet against the Poyson of the most Malignant Faction as is able to secure the happy Persons upon whom it is bestowed from the Infection of the most Malicious Breath and Venemous Tongues and in the Hopes of this the Author does with all humility present Your Majesty with the first opening of the Scene of that Deplorable Tragedy wherein Your Glorious Father had so large a share of Suffering there Your Majesty may see the several Steps and Progressive Advances which those Artists in Rebellion and Usurpation made towards the accomplishment of their Great Design of overthrowing the best Monarchy and Extirpating the most Apostolical Church in the whole World Here may Your Majesty take a view of the most supple Flattery and deep Hypocrisy of a Confederated Faction and how Rebellion to make the People in Love with her was represented to them in the Masquerading Habit and Accoutrements of Religion and Reformation how Slavery and Tyranny those two dreadful Monsters walk'd in the borrowed Equipage of the Liberty of the Subject and the Fundamental Laws and Birthrights of the People and how under the Mantle of Redressing Grievances the Nation came to labour under the greatest Grievance that ever the Necks of the Generous English Submitted to even the Mischief which they pretended to fear absolute Tyranny and the most Arbitrary Government of an Vsurping Faction Here Your Majesty may see the true Picture of the Men of those Principles and Times drawn from the Life by their own hands and in their proper and natural Colours and not only their outward Air Mine and Garb but the Picture of their very Souls their Thoughts Aims Contrivances and most Secret Designs and the black Conclusion at which all these were levell'd over which they so Industriously drew the fair Vails and Curtains of Sanctimony and pretended Loyalty seeming Humility and counterfeit Allegiance Your Majesty may be conducted into those Mines of Sedition unreasonable Fears groundless and unsatisfiable Jealousies of the Dangers of Popery and Arbitrary Government the very Powder which blew up the Foundations both of Church and State Your Majesty may see their Principal Engines of Battery amongst which the Liberty of the Press and I Blush to name it the Licentious abuse of the Pulpit were not the least or did the most Inconsiderable Execution towards the Ruin of the Government I shall not presume to say more but humbly Prostrate my self at Your Majesties Feet to beg the Liberty to add my most fervent Prayers and Wishes to my Sincere indeavours of Serving Your Majesty with my utmost Power May there be an Emulous Strife between the Number and the Glory of Your Majesties Years May the constant Care of Heaven and the Watchful attendance of its Glorious Militia still Guard Your beloved Life against all the Wicked attempts of the Enemies of Your Person and Government May every day that is added to Your Sacred Life contribute fresh Accessions of Happiness and Prosperity Peace and Tranquility to Your Auspicious Reign May You Triumph in the Hearts and Affections of Your People and over the Heads of Your defeated Enemies And could my Prayers Wishes or Indeavours prove as Successful as they are Sincere Your Majesty should not have one Subject in all Your Dominions less Zealous of Your Majesties Service sensible of their Duty and Interest or studious of Expressing their humble Loyalty then the Person who has placed all his Ambition and Glory in Indavouring to approve himself May it please Your Most Sacred Majesty Your Majesties most Humble most Obedient and Intirely Devoted Subject NALSON The Introduction THERE is certainly no manner of Diversion of which Wise and Great Men who indeavour to be really Serviceable to the true Interest of their Prince and Country can make more considerable Advantages or more agreeably spend their Leisure Minutes
time had a Petition depending in the House of Lords delivered Jan. 12 craving to be discharged of the Fine of Three thousand pounds imposed upon him by Decree of the Star-Chamber for Scandalous words against the Earl of Strafford Upon the 30th of Jan. a Day so Fatal to King Charles the First Saturday Jan. 30. the further Impeachment of the Earl of Strafford consisting in 28 Articles was by Mr. Pym carried up to the Lords which were as follow Articles of the Commons Assembled in Parliament The further Impeachment of the Earl of Strafford Jan. 30. against Thomas Earl of Strafford in maintenance of their Accusation whereby he stands Charged with High Treason WHereas the said Commons have already Exhibited Articles against the said Earl in haec verba c. Now the said Commons do further Impeach the said Earl as followeth That is to say I. That the said Earl of Strafford the 21 day of March in the Eighth Year of his Majesties Reign was President of the Kings Council in the Northern Parts of England That the said Earl being President of the said Council on the 21 of March a Commission under the Great Seal of England with certain Schedules of Instructions thereunto annexed was directed to the said Earl or others of the Commissioners therein named whereby among other things Power and Authority is limited to the said Earl and others the Commissioners therein named to hear and determine all Offences and Misdemeanors Suits Debates Controversies and Demands Causes Things and Matters whatsoever therein contained and within certain Precincts in the said Northern Parts therein specified and in such manner as by the said Schedule is limited and appointed That among other things in the said Instructions it is directed That the said President and others therein appointed shall hear and determine according to the Course of Proceedings in the Court of Star-Chamber divers Offences Deceits and Falsities therein mentioned Whether the same be provided for by Acts of Parliament or not so that the Fines imposed be not less than by the Act or Acts of Parliament provided against those offences is appointed That also amongst other things in the said Instructions it is directed that the said President and others therein appointed have power to examine hear and determine according to the course of proceedings in the Court of Chancery all manner of Complaints for any matter within the said Precincts as well concerning Lands Tenements and Hereditaments either Free-hold Customary or Copy-hold as Leases and other things therein mentioned and to stay proceedings in the Court of Common Law by Injunction or otherwise by all wayes and means as is used in the Court of Chancery And although the former Presidents of the said Councel had never put in practice such Instructions nor had they any such Instructions yet the said Earl in the Moneth of May in the said 8th Year and divers Years following did put in practice exercise and use and caused to be used and put in practice the said Commission and Instructions and did direct and exercise an exorbitant and unlawful power and jurisdiction on the persons and estates of his Majesties Subjects in those parts and did Disin-herit divers of his Majesties Subjects in those parts of their Inheritances sequestred their Possessions and did fine ransome punish and imprison them and caused them to be fined ransomed punished and imprisoned to their ruine and destruction and namely Sir Coniers Darcy Sir John Bourcher and divers others against the Laws and in subversion of the same And the said Commission and Instructions were procured and issued by the advice of the said Earl And he the said Earl to the intent that such illegal and unjust power might be exercised with the greater licence and will did advise Counsel procure further directions in and by the said instructions to be given that no prohibition be granted at all but in cases where the said Councel shall exceed the limits of the said instructions And that if any Writ of Habeas Corpus be granted the party be not discharged till the party perform the Decree and Order of the said Councel And the said Earl in the 13. year of his now Majesties Reign did procure a new Commission to himself and others therein appointed with the said Instructions and other unlawful additions That the said Commission and Instructions were procured by the solicitation and advice of the said Earl of Strafford 2. That shortly after the obtaining of the said Commission dated the 21 of March in the 8 year of his now Majesties Reign to wit the last day of August then next following he the said Earl to bring his Majesties liege People into a dislike of his Majesty and of his Government and to terrifie the Justices of the Peace from executing of the Laws He the said Earl being then President as aforesaid and a Justice of Peace did publickly at the Assizes held for the County of York in the City of York in and upon the said last day of August declare and publish before the People there attending for the administration of Justice according to the Law and in the presence of the Justices sitting That some of the Justices were all for Law but they should find that the Kings little finger should be heavier then the loyns of the Law 3. That the Realm of Ireland having been time out of mind annexed to the Imperial Crown of England and governed by the same Laws The said Earl being Lord Deputy of that Realm to bring his Majesties liege People of that Kingdom likewise into dislike of his Majesties Government and intending the Subversion of the Fundamental Laws and settled government of that Realm and the destruction of his Majesties liege People there did upon the 30. day of September in the ninth year of his now Majesties Reign in the City of Dublin the chief City of that Kingdom where his Majesties Privy Councel and Courts of Justice do ordinarily reside and whither the Nobility and Gentry of that Realm do usually resort for Justice in a publick Speech before divers of the Nobility and Gentry and before the Mayor Aldermen and Recorder and many Citizens of Dublin and other his Majesties Liege People declare and publish that Ireland was a conquered Nation and that the King might do with them what he pleased and speaking of the Charters of the former Kings of England made to that City he further said that their Charters were nothing worth and did bind the King no further then he pleased 4. That Richard Earl of Cork having sued out process in course of Law for recovery of his Possessions from which he was put by colour of an order made by the said Earl of Strafford and the Councel Table of the said Realm of Ireland The said Earl of Strafford upon a paper Petition without legal proceeding did the 20. day of February in the 11. year of his now Majesties Reign threaten the said Earl of Cork being
afflicted Whereupon a demand was then made from his Majesty of 12 Subsidies for the release of Ship-money only and while the said Commons then assembled with expressions of great affection to his Majesty and his service were in debate and consideration of some supply before resolution by them made he the said Earl of Strafford with the help and assistance of the said Archbishop did procure his Majesty to dissolve the last Parliament upon the 5 day of May last and upon the same day the said Earl of Strafford did Treacherously Falsely and Maliciously endeavour to incense his Majesty against his loving and faithful Subjects who had been Members of the said House of Commons by telling his Majesty they had denied to supply him And afterward upon the same did Treacherously and Wickely Counsel and Advise his Majesty to this effect viz. That having tried the affections of his People he was loose and absolved from all rules of Government and was to do every thing that power would admit and that his Majesty had tried all ways and was refused and should be acquitted both of God and man and that he had an Army in Ireland meaning the Army above mentioned consisting of Papists his dependants as is aforesaid which he might imploy to reduce this Kingdom to obedience 24. That in the same month of May he the said Earl of Strafford Falsely Treacherously and Maliciously published and declared before others of his Majesties Privy-Councel that the Parliament of England had for saken the King and that in denying to supply the King they had given him the advantage to supply himself by other ways and divers other times he did Maliciously Wickedly and Falsely publish and declare that seeing the Parliament had refused to supply his Majesty in the ordinary and usual way the King might provide for the Kingdome in such ways as he should hold fit and that he was not to suffer himself to be mastered by the frowardness of the People And having so maliciously slandered the said House of Commons he did with the help and advice of the said Archbishop of Canterbury and the Lord Finch late Lord Keeper of the Great Seal of England cause to be printed and published in his Majesties name a false and scandalous book entituled his Majesties Declaration of the causes that moved him to dissolve the last Parliament full of bitter and malicious invectives and false and scandalous aspersions against the said House of Commons 25. That not long after the dissolution of the said last Parliament viz. In the months of May and June He the Earl of Strafford did advise the King to go on rigorously in levying the Ship-money and did procure the Sheriffs of several Countries to be sent for for not levying the Ship-money divers of which were threatned by him to be sued in the Star-Chamber for not levying the same and divers of his Majesties loving Subjects were sent for and imprisoned by his advice about that and other illegal payments And a great loan of a hundred thousand pounds was demanded of the City of London and the Lord Mayor and the Aldermen and the Sheriffs of the said City were often sent for by his advice to the Councel Table to give an account of their proceedings in raising of Ship-money and furthering of that loan and were required to certifie the names of such Inhabitants of the said City as were fit to lend which they with much humility refusing to do he the said Earl of Strafford did use these or the like Speeches viz. That they deserved to be put to Fine and Ransome and that no good would be done with them till an example were made of them and they were laid by the heels and some of the Aldermen hanged up 26. That the said Earl of Strafford by his wicked Counsel having brought his Majesty into excessive charges without any just cause he did in the month of July last for the support of the said great charges counsel and approve two dangerous and wicked Projects viz. To seize upon the Bullion and the money in the Mint And to imbase his Majesties Coyn with the mixtures of Brass And accordingly he procured One hundred and thirty thousand pounds which was then in the Mint and belonging to divers Merchants Strangers and others to be seized on and stayed to his Majesties use And when divers Merchants of London owners of the said Bullion came to his house to let him understand the great mischief that course would produce here and in other parts what prejudice it would be to the Kingdome by discrediting the Mint and hindring the importation of Bullion he the said Earl told them That the City of London dealt undutifully and unthankfully with his Majesty and that they were more ready to help the Rebel than to help his Majesty and that if any hurt came to them they may thank themselves and that it was the course of other Princes to make use of such Moneys to serve their Occasions And when in the same Month of July the Officers of his Majesties Mint came to him and gave him divers reasons against the imbasing the said money he told them that the French King did use to send Commissaries of Horse with Commission to search into mens Estates and to peruse their accounts so that they may know what to levy of them by force which they did accordingly leavy and turning to the Lord Cottington then present said That this was a point worthy his Lordships consideration 27. That in or about the Month of August last he was made Lieutenant General of all his Majesties Forces in the Northern parts against the Scots and being at York did in the Month of September by his own authority and without any lawful warrant impose a Tax on his Majesties Subjects in the County of York of eight pence per diem for maintenance of every Soldier of the Trained bands of that County which Sums of Money he caused to be levied by force And to the end to compel his Majesties Subjects out of fear and Terrour to yield to the payment of the same He did declare that he would commit them that refused the payment thereof and the Soldiers should be satisfied out of their Estates and they that refused it were in very little better condition than of High-Treason 28. That in the Month of September and October last he the said Earl of Strafford being certified of the Scottish Army coming into the Kingdome and he the said Earl of Strafford being Lieutenant General of his Majesties Army did not provide to the defence of the Town of New-Castle as he ought to have done but suffered the same to be lost that so he might the more incense the English against the Scots And for the same wicked purpose and out of a malicious desire to ingage the Kings Kingdoms of England and Scotland in a National and Bloody War he did write to the Lord Conway the General of the Horse and under the
Linnen rather than of Woollen-Cloth which might prejudice that Trade here he bought Flax-seed in the Low-Countries and sold it at the same Rate to such as desired it they making their Cloaths not above a Foot broad and winding 8 or 10 threads from several bottoms together the contrary was twined their Flax formerly not above a Foot became a yard in length and that soil is fit to bear it and the People love such easie Works He hath set up many Looms made much Cloth and sold it to the loss of some Thousands of pounds but when the State saw the Natives would not change their old Courses for new and better the Proclamation was declined What he did was for the Publick Good and had nothing from them that was not fully paid for To the Fourteenth he saith He refers to the Oath and Proclamation which was set forth by the said Earl and Council of State there at the instance of the Farmers of the Customs towards the defrauding of the King's Duties being in France whereof His Majesty had five eight parts He never heard any Complain of the Oath or of any that refused to take it and conceived it to be lawful divers of the Council approving it being Learned Judges of the Law to whose judgment for the legality he submitted as well in that as to other matters of like nature To the Fifteenth He denieth what is in the Article Objected but saith That about the Year 1626. certain Agents authorized in Ireland were sent into England and offered and agreed to pay to His Majesty 120000 l. in Six Years towards the maintenance of his Army and a like payment of 20000 l. per annum was after agreed and continued for Three Years longer the Assessments were made and it was shortly after by them and the Lord Faulkland then Deputy agreed in Ireland that the Money should not be charged upon Record but levied by Captains by Paper-Assignments upon Warrants from the Lord Deputy and this course was held four Years in the Lord Faulkland's time and the four years wherein the Lord Loftus and the Earl of Cork were Lords Justices there and it held for the remaining year only after the Earl of Strafford came thither but the Earl of Cork having spared those Towns for the benefit of himself and Tenants during the time of his being Justice The Earl of Strafford reduced the Assessments to what it was made by the Lord Faulkland and gave way that Sir William St. Lieger Lord President of Munster to take the same Arrerages in satisfaction of a Debt due unto him by His Majesty and he is confident no force was used in levying the same It hath been usual to lay Souldiers to levy that Contribution to send Souldiers to apprehend Contemners of Orders made at Council-Board and the like and when Out-Laws and Rebels have been in the Woods no Souldiers have in his time been laid but by the Advice of the Council there Touching the Castle-Chamber it 's a parcel of the Territory of Ideough whereto the King was Intituled by Inquisition and the Possession established in a Legal way when the said Earl was in England and no Souldiers were sent but only 12 at the intreaty of Mr. Wanesford for security of his Houses and Plantations against Rebels that then were out and burned and spoiled Houses thereabouts and neither Richard Butler's or any other Family were thence expelled by the said Earl from their Estates To the Sixteenth he saith There was such a Proposition which was just to prevent clamorous Complaints here which there might be redressed but conceives that by the Laws there and the Articles known since by the name of the Articles of Grace made about Fourteen Years since none ought to depart that Kingdom without Licence Thereupon the Advice of the State the Proclamations were set forth but not with such intent as in the Article He denied Licence only to Three the Earl of Cork the Lord Mount-Norris and Sir Frederick Hamilton To the two former in regard of Criminal Suits then against them in the Castle-Chamber To the other by special Command from His Majesty but so soon as Sir Frederick said he would Complain of the Earl he made Suit to His Majesty That Sir Frederick might come over which was granted He conceives such restraint to be necessary and if that it be not continued it will prove of Evil Consequence to that Kingdom Parry was questioned at the Council-Board for Misdemeanors and to avoid Sentence secretly went out of the Kingdom and at his return for that and other Offences was Fined and Imprisoned to the Sentence thereof he refers and knows of no other that were Imprisoned as by the Article is Charged To the Seventeenth he saith It 's like he might say for the better encouragement of the Officers and Souldiers of the Old Irish Army in discharge of their several Duties that His Majesty was so well satisfied in the way and pains they took in using and practizing of their Arms that in that Point he would set them as a Pattern to be imitated and conceives it would not be ill if they were so they being in the Opinion of those that have seen them Exercise very Able and Expert Souldiers he spake not other words or to other purpose To the Eighteenth he saith When the Earl of Cork was one of the Lords Justices he seized some Houses in Dublin pretending they belonged to Jesuits and Fryers without Legal Proceedings which upon Suits prosecuted at Council-Board were according to Justice restored to the Owners but how since imployed the Earl of Strafford knoweth not but endeavoured the utmost he could to maintain that Seizure Touching the 8000 men he saith They were raised according to the King's Warrant and that the said Earl left the Care thereof to the Earl of Ormond and others and what number are Protestants what Papists he knoweth not but believeth such a Body cannot be there raised without many Papists the greatest number of the Captains and Officers are Protestants chosen by the said Earl The 1000 man were drawn out of the Old to make Officers for the New Army and believeth the 1000 put to the Old Army are Protestants in regard by his express Order no Papist is to be admitted there a Common Soldier He never preferred any Captain Lieutenant or Ensign to be of that Army that was a Papist and conceives they are duly paid and believes those newly raised exercise the Religion no otherwise than was practised before the Earl's coming thither He was a Commissioner to Compound with the Recusants for their Forfeitures and endeavoured to be informed of the utmost value of their Estates in four years he brought that Revenue from 2300 l. to be between 11 and 12000 l. per annum more than ever was raised formerly in so short a time by which faithful dealings for His Majesty he procured the hard Opinion of the Recusants throughout the Kingdom that out of those
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
Earl came attended from the Tower by 6. Barges wherein were about 100 Souldiers with Partisans for his Guard and 50 pair of Oars came along with him At his Landing in Westminster he was attended by 200 of the Train-Bands who Guarded him into the Hall the Entrances at White-Hall Kings-street and Westminster were Guarded by the Constables and Watchmen from 4. of the Clock in the Morning to prevent the concourse of base idle and inferior Degrees of People who are apt upon such occasions to flock together and produce mischief and disorders The King the Queen and Prince came to the Hall about 9. of the clock but did not appear publiquely only the Prince came out once or twice to the Cloth of Estate so that the King saw and heard all that passed but was seen by none Some give the Reason of this to proceed from the received Practice of England in such Cases Others were of Opinion That the Lords intreated his Majesty either to absent himself or to be there privately lest hereafter it might give occasion to pretensions that his being there was to over-aw or some other ways interrupt the Course of Justice A third That the King was not willing to appear as an Actor in the Process till it came to his part but rather he chose to be present Incognito that he might Observe and vnderstand whether any Violence Rigor or Injustice were used in the Trial. At the Lieutenant's Entrance into the Hall the Porter of the Hall whose Office it is inquired of Mr. Maxwell Whether the Ax should be carried before him or no who answered That the King had Expressly forbidden it Nor was it ever the Custom of England to use that Ceremony but only when the Party accused was to be put upon his Jury At the Trial the Lords of the Upper House sate Covered the Members of the Lower House uncovered The Lords Spiritual were not at all present having on Saturday before absolutely declined appearing in Causa Sanguinis thô withal Entring a Protestation That their Absence should not prejudice them of that or any Priviledg appertaining to them as Lords Spiritual in Parliament The Earl of Arundel who was by His Majesty constituted and appointed Lord High Steward by Commission under the Great Seal of England sate apart by himself and all things being now in a Readiness the Managers of the Evidence standing at the Barr the Noble Prisoner was called for and being brought by Sir William Balfour Lieutenant of the Tower after an Obeysance given he came to the Barr and kneeled and after standing up the Right Honourable Thomas Earl of Arundel and Surrey Lord High Steward of England acquainted him That his Lordship was called before the Lords in Parliament to Answer to and be Tryed upon the Impeachment presented to them by the Commons House in Parliament in the Name of themselves and all the Commons of England And that their Lordships are resolved to hear both the Accusation and Defence with all Equity and therefore thought fit that in the first place his Lordship should hear the Impeachment of High Treason read which was done accordingly the Articles being delivered in by Mr. Pym. While it was reading a Chair was brought for him by the Gentleman Usher and by the Direction of the Lords he was permitted to repose himself After the Charge the Earl's Answer was likewise read which took up the whole time of the First Day The Queen went from the House about 11 of the Clock the King and Prince stayed till the Assembly was Adjourned which was about Two of the Clock and the Earl was remanded to the Tower with his Guard and appointed to appear again upon Tuesday at 9. of the Clock The Confluence of People was neither numerous nor insolent all of them Saluted him both at his Landing and Return which with a Generous Humility he did most courteously receive and return By which it is Evident how false the Rumors were which Malevolent Persons Raised that the Populace was so inraged at him that they would go near to tear him in pieces The Multitude is an Unruly Animal but yet certainly Report does in these cases encrease the Danger and a Tumult is not altogether so insensible of punishment as not to fear it notwithstanding Numbers seem to plead an Exemption from it and to frighten Justice from her Seat But this sluggish Creature the Mobile is then certainly most Dangerous when like the Unstable Element it does Resemble it is raised by the Turbulent breath of Sedition to overflow the Bounds of Duty and outrage all that is called Justice and there wanted not such spirits who by spreading these Rumors of the Discontents of the People taught them to be Discontented and by predicting of Disorders learnt at least their own Faction to know what was Expected from them upon Occasion and how calm soever the People seemed to be yet the Conclusion of this Tragedy will make it appear that some Persons had Tumults at Command and could upon Occasion raise the dangerous Tempest of the Madness of the People not inelegantly coupled with the Raging of the Sea by the Royal Prophet Upon Tuesday in the Morning the Earl came accompanied as before to Westminster The Second Day Tuesday March 23. and having stayed in the Exchequer Chamber till 9. of the Clock the King Queen and Prince being come and that High and Illustrious Court being set he was again brought to the Barr and the Lord High Steward having commanded the Committee of the Commons who were to manage the Evidence to proceed Mr. Pym in a large and studied Oration full of Hyperbolical Figures and Insulting Eloquence opened amplified and inforced the Charge by raveling the Answer of the Earl to his Articles of Impeachment in manner following My Lords WE stand here by the Commandment of the Knights Mr. Pym's Speech at the Trial of the Earl of Strafford March 23. Citizens and Burgesses now Assembled for the Commons in Parliament and we are ready to make good that Impeachment whereby Thomas Earl of Strafford stands charged in their Name and in the Name of all the Commons of England with High Treason This My Lords is a great Cause and we might sink under the weight of it and be astonished with the Lustre of this Noble Assembly if there were not in the Cause Strength and Vigour to support it self and to encourage us It is the Cause of the King it concerns His Majesty in the Honour of His Government in the Safety of His Person in the Stability of His Crown It is the Cause of the Kingdom It concerns not only the Peace and Prosperity but even the Being of the Kingdom We have that piercing Eloquence the Cries and Groans and Tears and Prayers of all the Subjects assisting us We have the Three Kingdoms England and Scotland and Ireland in Travail and Agitation with us bowing themselves like the Hindes spoken of in Job to cast out their Sorrows Truth
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
and old Entayles would be set on Foot and by that means the later Purchaser avoided by which means there was a great loss and prejudice to the King in his Wards which by these Laws are setled and the Laws of Ireland brought much nearer the Laws of England than before And in this point I conceive I am not absolutely gainsayed but only conditionally that is that notwithstanding this I have set up another Government Arbitrary and Tyrannical To which I shall not now trouble your Lordships with an Answer that being in the particulars of my Charge And thus I think the first to be fairly and clearly Answered Then that there were more Parliaments in the time of my Government than in 50 years before There were two in my time and if I might call Witnesses it would appear that there were not so many within that time before but being not material to my Defence or Condemnation I will not trouble your Lordships with proof unless you will require it I having them here that I think can make it good And whereas in my Answer I deny that I ever had hand in any Project or Monopoly and that I did prevent divers that otherwise would have passed I said that under favour with all duty and confidence I must still affirm it That I never had hand or share in any manner of Monopoly or Project whatsoever unless the Tobacco-business were a Monopoly which under favour I shall clear not to be but that being part of my Charge I think it impertinent now to give Answer unto it but will satisfie your Lordships in that behalf in proper time and place But more then that of Tobacco I say absolutely and directly I never had my hand or share in any Monopoly or Project nay I did as much as I could Oppose all of them particularly the Monopoly of Iron-Pots for which I reserve my self to Answer as part of my Charge And a new Book of Rates whereby it was proposed That the Rates of the King's Customs might be encreased And this I did Oppose and Disavow albeit I was a sharer in the Farm and consequently should have had the Benefit and Advantage of it for my proportion and by the King 's Gracious Goodness when His Majesty came to be more fully and clearly informed of it it was stopped and never went on And this I will make appear in that point of the Articles that concern the Customs The Fourth is That I have not had any greater Power or larger Commission than my Predecessors in that Government have had which I conceive under favour is not controverted but granted and therefore stands good to me or if it wer econtroverted I am able to make it appear that I have brought in nothing more than was formerly accustomed in the point of the Deputies Commission The next thing in my Answer is That the Revenue of Ireland was never able to Support it self before my coming thither and that I say still with all Humility and Duty is most true And I trust to make it apparently true presently if Your Lordships will give me leave to call for and examine my Witnesses It being the Proofs Your Lordships will look to and not to what was only alledged by that Worthy Gentleman And further than Your Lordships shall find proved I desire not to be believed The proof offered against me is by Sir Edward Warder and Sir Robert Pye who testified That from the Year 1621. nothing went out of the King's Exchequer to supply the Irish Affairs saving only for the Maritime occasions And this I believe to be true for they be Gentlemen of Credit that speak it and I will believe them on their Words much more on their Oaths But under favour there was for Eight Years together before my coming a Contribution of 20000 l. a Year paid by the Country which was no part of the King's Revenue nor as I conceive ever came into Accompt nor was paid into the Exchequer as will appear on the Fifteenth Article but was a Gift of the Country and applyed to the King's Occasions and that determined the Revenue fell short 20000 l. of the Charge Besides when I came into Ireland the Crown was extreamly indebted above as I think not to stand on particular Sums and Pence 100000 l. Sterling And by the Gentleman 's own saying when I came out of Ireland I left 100000 l. in the King's Coffers And if any ask where the Accompt for the Subsidies is There is 100000 l. Debt paid 100000 l. left in the King's Coffers For it appears by Sir Adam Loftus that there was 100000 l. in the Exchequer when I came from thence There was 15000 l. employed for buying Land that yields the King 2000 l. a Year And so much of my Lord of Ormond as yields 2500 l. a Year So that the Accompts will shew the bestowing of the Subsidies with as much Advantage as might be for the King's Service That the Revenue was short I could make appear clearly The occasion that no Money came out of the Exchequer was accidental by a Contribution of the Country no Revenue of the Kings And if that had not been supplyed there had been no possibility of defraying the Ordinary Charges of the Crown out of the Revenue and that is the Point wherein I differ from the Gentleman his meaning being That the ordinary Revenue of the Kingdom could not bear the ordinary Charge of the Kingdom And I desire that Sir Adam Loftus and Sir Robert Dillom may be examined upon such questions as shall be propounded in this point And whereas it is said I was short in the Shipping I affirm that under favour I was not It is true that in the time of the late Justices my Lord of Corke and my Lord Loftus the last years Charge of the Shipping was paid forth of Ireland But it is as true that when the Kingdom underwent the Charge they lessened the Charge of the King's Army by striking 500 off from the Army and transferred the Charge of their pay to the easing of the King's Revenue on the Navy But that Charge being now increased again and brought to the former certainty I conceive I might truly say There was in my time an ease to the Crown of England all things considered which formerly it had not It being not with the prejudice of the King's Service elsewhere or lessening the standing Army which in all times hath been the strongest support of the King's Justice and Ministers there and which it deeply concerns the Crown of England to keep in such a Condition that they may be responsible to the King for the Services he shall Command So that though the Shipping Charge was paid the last year yet so paid that the King's Army was weakened 500 Foot whereas now it is paid and the King's Army raised to a certainty again and a Change is made to the better for instead of 500 Foot there is 600 Horse And that I say
accordingly yea their Houses broke open and their Goods taken away and brought to my Lord of Strafford 's House where they were employed in his works The like we shall instance in Tobacco 15. Next we shall shew to Your Lordships how he hath levied War upon the King's Subjects We opened in the beginning what an Arbitrary Jurisdiction he set up here we shall shew how he used it by a meer course of Enmity and Hostility For My Lords this was the course If a Decree or Order were made by him and not obeyed he issues a Warrant to the Serjeant at Arms to go to the next Garrison and take Soldiers with an Officer and carry them to the House of the party in question it is no matter where it was but to the House of them that were pretended to be disobedient they were to go If the Decree had been to raise so much money or to put parties in possession In plain terms the Soldiers were to lye like Free-booters and Enemies on the King's People to eat them up They have killed their Sheep their Oxen and they have lain not on the parties only but on their Tenants till the party comes in and renders himself They have burnt their Houses taken their Wives and Friends and carried them away till Obedience was rendered and this is a levying of War upon the King For the King and the People are both so united in Affection and Right of Law that there cannot be Violence offered to the King but it redounds to the People nor can any Oppress the People in this sort but it redounds to His Majesty Besides it is contrary to a Law of that Kingdom whereby it is Enacted That if any person shall assess Horse or Foot on any of the King's People without their consent it is High Treason The next thing we shall go to is the Favour he shewed to the Papists in their Compositions and Exemptions from all penalties of Law for they were expresly not to be proceeded against nor to be Convicted and so that which hath influence into Religion and Reformation is quite taken away and nothing but matter of Profit is left The next Article is that that concerns the Kingdom of Scotland First he begins with them in Ireland contrives an Oath which is set forth in the Articles That they shall obey the King's Royal Commands without exception This he enforceth by Fining and Imprisoning them that disobeyed him And so in all the other particulars when his Proclamations were broken his course was by Fine and Imprisonment to enforce an Obedience My Lords He doth not only press them in their Estates but strives to infuse into His Majesty an ill Opinion of them he provokes and incites Him by all his Arguments to lay down his Mercy and Goodness and Justice and to fall into an offensive War against that Kingdom He gives out that the Nation of them not this or that man are Rebels and Traytors And if it please the King to bring him back to the Sword indeed he is fit for that it is a violent weapon he will root out the Scottish Nation Branch and Root some few excepted of those that had taken the Oath When he comes into England he finds that His Majesty with great Wisdom had pacified those Storms and Troubles that threatned us there Yet he doth incense the King still to follow this to an Offensive War and prevails He plots to call a Parliament but with an intention if it furnished not his design it should be broken and he would set up other ways of force to raise Moneys of the Kingdom and this fell out unhappily For thus far his project took the Parliament was broken and broken at the very time when the Subject was in debate and consideration how to have yielded Supply to His Majesty But that he might break it he falsly informs the King That the Parliament had denied to Supply him there is his Counsel that the Parliament had forsaken the King and now the King having tryed his People might use all other ways for the procuring and raising of moneys and the same day wherein that Parliament was unhappily Dissolved he gives his further Counsel to His Majesty which because no man can put such a Spirit of Malice into the words besides himself I shall take the boldness to read That having tryed the Affections of his People he was loose and absolved from all Rules of Government and he was to do every thing that Power would admit And that His Majesty had tryed all ways and was refused and should be acquitted both of God and Man And that His Majesty had an Army in Ireland which he might employ to reduce this Kingdom It is added in the printed Book to reduce them to Obedience I know not who Printed it but the Charge is only to reduce this Kingdom And My Lords you may please to consider what a sad time this man took to reflect upon these bad Councels when our Hearts were swoln with Sorrow for that unhappy breach of the last Parliament And what doth he advise the King what positions offers he That he was absolved from all Rules of Government If there be no Rule of Government My Lords where is the Rule of Obedience for how shall the People know to obey when there is no Rule to direct them what to obey He tells the King he was refused which was untrue for he was not refused to the last breath we had in Parliament but we spake in that point how to supply the King and to prefer it at that time before the Complaints of our just Grievances But what doth he fall into that which in another Article we charge him with a Plot and Conspiracy betwixt him and Sir George Ratcliffe to bring in the Irish Army for our Confusion to root out our Laws and Government a pernicious Counsel He says not you shall do it but he that perswades it doth as much as if in express terms he had counselled the acting of it Doth he mean that we should be to his Irish Pattern for speaking of the Irish Army consisting of Papists and his Adherents he said that he would make it a Pattern for all the Kingdoms did he mean to reduce us to the Pattern that he hath placed in Ireland Surely he meant to reduce us to a Chaos and Confusion He would have us without all Rules of Government and these be the means wicked and cruel Councels and the Cruelty of an Army inspired with his Spirit and consisting of Papists Enemies of our Religion And what Mercy could we of this Religion expect from Popish Enemies with Swords in their hands That cannot but strike all English Hearts with Horrour and Dread that an Irish Army should be brought into England to reduce the Subjects of England I hope we never were so far gone in any thing as that we should need an Army to reduce us I cannot but say here is the Counsel of
God be praised he met with a Gracious King upon whom he could not prevail and for his bringing the Army into England thô he tells Sir William Pennyman he did not intend it yet there was Vox Populi and that was a horrid Witness That he intended to invade the Property of the People is plain from his own words That the King should make Restitution when the Danger was over and his saying That a Privy Councellor ought not to be questioned for his Counsels was so great a proof of his Actions that he could not give a Greater Then by consent my Lord moving for a dayes interval his Voice and Strength being spent the Court was adjourned till Wednesday Upon Wednesday the Commons proceeded to the 25th Article of the Charge Wednesday April 7. Artic. 25. concerning the Earl of Strafford's advice of Vigorously levying Ship-money and by compulsion Endeavouring to raise money upon the Lord Mayor and City of London and that for their not complying they deserved to be put to Fine and Ransom To this the Lord Treasurer Bishop Williams deposed Lord Treasurer That Ship-money coming in very slowly they were forced to take out great Sums to furnish the Fleet out of the Money provided for the Army and my Lord Strafford said That if it were not repaid the Army would be destitute and therefore advised the Ship-Money might go on vigorously to repay it Sir Tho. Wiseman deposed Sir Thomas Wiseman That the Aldermen being called before their Lordships about the Loan my Lord Strafford said They would never do their Duty well till they were put to Fine and Ransom and to His Majesty You will have no good of this man meaning as he supposes the Lord Mayor till he be laid by the heels but whether about Loan or Ship-money that was spoken he remembers not The Earl of Berkshire deposed Earl of Berks. That the King desiring to borrow Money upon good Security at 8. per Cent. and the Aldermen Excusing themselves for nominating who were able to lend in their several Wards my Lord Strafford said Gentlemen in my Opinion you may be liable to Fine and Ransom for refusing the King's Command in not certifying the Names Sir H. Garaway deposed That being Lord Mayor Sir Henry Garaway he attended the Council about Ship-Money informing His Majesty That the Willing Men had only paid the Money and they thought it unequal others should go free That it was the Opinion of the City That a Writ for Ship-Money and a Writ for a Parliament did not agree and that they found People generally averse to it whereupon my Lord Strafford said to the King Sir you will never do good on this Man till you have made him an Example he is too diffident or to that purpose unless you commit him you shall do no good upon him And about the Loan-Money desiring to be spared in seting a Rate on Mens Estates the Earl said to the King Sir you will never do good of these Citizens of London till you have made Examples of some of the Aldermen to his best remembrance he said Unless you hang up some of them you will do no good upon them this he spake positively The Earl replyed That he would speak with as much Truth The Earl's Defence thô not so much confidence as this Gentleman That he must still insist upon this that admitting it proved it does not amount to Treason nothing being proved but by single Testimonies that as to Ship-money there was a Judgment given in the Star-Chamber and if he was in an Error he was led into it by the practise of the Times and wiser men than himself howbeit he doth not justifie himself in that point being better informed by what he hath heard since is the Judgment of those to whose wisdom he submits That in such a Case of extreme necessity he might hold the Aldermen lyable to Fine and Ransom in case they did not submit to the King's demands he wishes he had not spoken them but being a little Excess of Extravagant Speech he hopes by their Lordships Favour it may be excused and God forbid for every such Excess a man should be Arraigned for Treason for otherwise few would Escape the Danger of hasty words for the words about hanging them up My Lord Major at first said it to the best of his remembrance and afterwards absolutely And he sayes to the best of his remembrance he did not speak them and if he did being spoken in so good Company some of their Lordships would have remembred them And however it stands with him now before these misfortunes befel him he was equally to be Credited with this Gentleman all the difference being one sayes it the other denies it and that at most being a hasty word and excusable in a free spoken man as he was and who smarts for it he hoped their Lordships Honour and Justice will rather Excuse then punish it Mr. Maynard replyed Managers Reply The Committee shall need to say little to this Answer but that such words compared with his other words and Actions proceed not from passion but Principles to do all things by his Will against Law and that my Lord knew these things and especially the Ship-money were against Law himself having so great a hand in the Petition of Right Mr Glyn added That whereas my Lord thinks it hard to be questioned for hasty words as High-Treason their Lordships may remember how for words concerning Treading on his Toe he prosecuted the Lord Mountnorris as far as to Life They next proceeded to the Charge in the 26 Article Artic. 26. concerning seizing the money in the Mint and Embasing of Coyn. To prove this Robert Edwards sworn Rob. Edwards deposed That going to represent to him the Inconvenience of the seisure of their Money in the Tower and that some Forreigners being concerned in it the Merchants Estates abroad upon their Complaint would be seized my Lord answered That if they fared amiss they might thank themselves and though they think it so strange here yet beyond Sea it is not so but on Commands men have their Goods taken and touching the City he said They dealt unthankfully with the King there being 14000 l. due for Ship-money which they denied and did more to maintain Rebels than to maintain his Majesty Being bid repeat it he said upon their Petition to my Lord about the Money in the Tower the Earl said That if they did speed amiss they might thank themselves for they were more ready to hold with Rebels than to give the King his due which was 14000 l. Ship money that my Lord was sick and sate in his Chair said That he knew nothing of it till that morning Anthony Palmer sworn Ant. Palmer deposed That in discourse with my Lord about base money and giving him reasons against it he shewed him and the other Officers of the Mint a Letter sent him out of France
and read it in English That the French King had appointed Officers to view mens books and accompts to know what the King might demand of them and force them to pay and something to this purpose That it was an Example or might be an Example to do the like in England Lord Cottington Henry Gogan Sir William Parkhurst and Mr. Gogan being Present Mr. Gogan sworn deposed to the same Effect and that he said to my Lord Cottington My Lord this is worthy your Consideration or hearing or to that purpose Sir William Parkhurst sworn deposed That they were discoursed about the Copper money made for Ireland in Queen Elizabeth 's time Sir William Parkhurst and shewed them such a Letter and read the contents in English as before expressed but further he heard him not say nor any thing as expressed to the Lord Cottington or that if the King should do so he should follow the Example of other Princes Sir Ralph Freeman sworn deposed Sir Ralph Freeman That in a Debate about Copper-money he saying the workmen would not work if paid in that money my Lord replyed You know what course to take with them you may send them to the House of Correction The Examination of Mr. Thomas Skinner was read he being not present and my Lord having a Liberty reserved to Cross-Examine him he in his Examination about the seisure of the Bullion applying with others to my Lord he told them he knew not of it till that morning and that it was no news in other Countries where Princes made use of such wayes to serve their Occasions and in Effect about the Cities ingratitude c. as the other Witnesses To this he answered after some Recollection The Earl's Answer That for that part which would have been the principal part of the Charge concerning his Approving Counselling or Devising these Projects there was no proof offered and that the Testimony of the Witnesses acquits him for the undutifulness of the City the proofs are full and fuller then any thing of the Charge since his Tryal began that at that time he thought so but since he is of another Opinion and expressed himself so at the Council of Peers at York upon the Cities lending the King 200000 l. and that he would serve them with his Life For the French Letter and what was said to the Lord Cottington Mr. Gogan is singular in his Testimony this Letter he received from the Lord of Leicester which mentioned how the Cardinal had given directions to go into the Houses of diverse Merchants in Paris c. and having read it said You see what is done in other places but God be thanked you have so Pious and Gracious a King that he thinks on none of these things My Lord Cottington being interrogated said he knew nothing of the Letter nor ever heard of it but because he would recall it he spake with Sir William Parkhurst and Mr. Palmer they told him that while my Lord was reading the Letter he was in another Room writing From whence my Lord concluded That having told their Lordships the truth clearly under Favour of these Gentlemen he thought nothing can incline one way or other to be an Accusation of High Treason Mr. Maynard replyed Managers Reply That his words concerning the Great City of the Kingdom was no such slight thing Mr. Stroud added That whereas my Lord sayes Words only are laid to his Charge words may be Treason and more dangerous than some Actions such were his Counselling the King and Provoking him to Tyrannical Actions to his Subjects but my Lord stayes not here for Four Aldermen were Committed that day he gave the Counsel concluding That his words and Actions agree in this Kingdom and the miseries of this Kingdom do agree with his words and Actions Mr. Maynard proceeded to the 27th Article Artic. 27. of the Earl's Levying Money in Yorkshire and threatning the Refusers to take satisfaction out of their Goods and that to refuse was little short of High Treason First the Petition of the Gentlemen of the County of Tork was read in these words WHereas Your Majesty imparted to us the danger The Petition of the Yorkshire Gentlemen by the incursions of the Scots and the necessity of continuing the Trained-Bands of this County in entertainment for two Months raising Money so long and did Royally assure us That the Wardships of such as dyed in this Imployment should be freed and one third part of the Trained-Bands should be abated for which we acknowledge our bounden thankfulness in ready obedience of Your Majesties Command we have represented to Your Majesty our present Condition and in the entrance of the business we found a great impediment and discouragement by certain Warrants produced for levying Money towards this new service wherein in the first place we cannot omit to let your Majesty know the great grief we have in that the County is there charged with disaffection and backwardness therein which as we are confident we never were guilty of so we were in good hope your Majesty had received no such Impression of us And in the next place we find our selves much grieved that the execution of such Warrants which we conceive illegal should be concluded and urged on peril of life notwithstanding the strictness of which Warrants we find divers parts of the County have not been able to pay the Money demanded and from thence and the attestation of divers Gentlemen we are assured the scarcity of Money is such that it is disabled from satisfying your expectation therein And that Your Majesty may know it is no pretence but a real poverty we are bold to represent the Charges viz of Ship-Money Vast expences the last year in Military affairs The Billeting and Insolency of Soldiers this Summer part of the time on the credit of the County Decay of Trade Stop of Markets Charge of Carriages especially in Harvest by which means not only the common people but most of the Gentry by the failing of Rents are much impoverished And therefore we petition Your Majesty You will accept our endeavour to prevail with the Country to raise so much Money as will pay the County one whole month from their first rising within which time as is generally reported Your Majesty hath Commanded the attendance of the Peers to consult for the safety of the Kingdom and pray the Trained-Bands may be continued in the Villages where they are Quartered except Your occasions otherwise require it and in the interim for the redress of these Grievances and security of Your Kingdom Your Majesty will please to Declare Your Pleasure for summoning the High Court of Parliament c. This Petition Sir Philip Stapleton deposed upon Oath Sir Philip Stapletan Sir Hugh Cholmley to be the true Petition Then Sir Hugh Cholmley deposed That according to the desire of the Gentlemen this Petition was by the Lord Wharton delivered to the Earl who
People being but the Imployment of two or three Soldiers to procure obedience to His Majestie 's Government because as I conceive likewise I had Commission to make War as I saw Cause for punishing the Rebels and securing the Publick Peace and therefore How can I be charged with that I have power to do The worst that can be made of it is an absurd execution of a Power but to make it Treason when I had Commission and Liberty so to do methinks that is very hard And it was no absurd execution of a Power under favour neither when I had the Precedent of all the former Deputies and Lieutenants in the Case My Lords it was never Complained of all the while I was there for ought appears to your Lordships so that it seems there was no great Innovation nor Inconvenience for if there were I should have heard of it But the Statute 11. E. 1. ca. 7. sets a penalty upon any Subject that shall Assess without the Deputies Authority Now I do most humbly beseech your Lordships that you would be pleased to remember that and let me know how it should be but Penal in a Common person to do it and yet Treason in a Deputy My Lords I shall likewise humbly mind your Lordships of the Statute or rather two Statutes as I take it whereby I conceive this Statute that made a Treason in Ireland was repealed But howsoever the practice in all time hath gone quite contrary to that Statute and the best Interpretation of Law is the Practice of Law and therefore the Practice having been otherwise it is an Argument very strong and prevalent that the Deputy as Chief Governour was never intended to be Concluded within that Act nor never to be brought in by General Words onely And that this should be a Levying of War against the King within the Statute of 25 E. 3. in England surely I conceive it cannot be for the Burning of Towns the Taking of Forts Killing and Slaying that I conceive to be Levying of War but this is a strange Levying of War with two or three Soldiers to rest in Peace and Quietness eating on Contemners only and not Killing and Slaying and all to procure Obedience to the King not in Disobedience to his Command If to lie upon them and eat be High-Treason in this Case What shall become of a great Company of good Fellows that at this time eat at the Charge of the Country No My Lords This in the Case of a private Man had been but a Forcible Entry or a Ryot at the most if a man had done the same thing Mr. Savil did of his own Authority without the Deputy it had been but a Force and Ryot and How shall this be in my Case High-Treason The next Charge in that Case is concerning a Warrant to one Piggot another Serjeant at Arms and the great and crying Miscarriages and Misimployments of such a Warrant if there had been any it was when I as your Lordships may please to remember was out of Ireland and that was the Case of Bern a very Foule Misdemeanor as it proved But My Lords I being out of the Kingdom and no such Warrant shown I conceive I am absolutely dismissed as unto that and have nothing to answer for it there was nothing done while I was in the Kingdom there is no Warrant of mine shown therefore I conceive I stand clear of that likewise But admit there was such a Warrant the Answer goes to that as to the test and certainly I hope will fully acquit me of this Fifteenth Article as Treason And so I must in humility submit to your Lordships wiser and better Judgments The next Statute-Treason is an Intendment or Design or what you will have it for bringing over the Irish Army into this Kingdom to reduce it or to do I know not what nor I think no body else for there is no such thing But My Lords for proof in this Case you have two offered there and no more under favour at all the first proof is the Fears and Doubts of my Lord Ranulagh that tells you he Fears such a thing and Doubts such a thing My Lords if Fears and doubts may be sufficient to Condemn me for Treason By my Faith I fear and Doubt very much these Fears and Doubts might Accuse me and Condemn me of Treason more then once a Year But my Lords his Fears and Doubts he may keep to himself I hope they shall not be brought any way to the prejudice of me I am I thank God both confident and knowing there is no such thing The next is the Testimony of Mr. Treasurer Vane and the Words Mr. Treasurer doth Witness against me in that particular are as I conceive these that I should say to His Majesty in an Argument concerning an Offensive or Defensive War with Scotland Your Majesty hath tryed all wayes and are refused and in this extream necessity for the safety of the Kingdom and Your People You may imploy the Irish Army to reduce this Kingdom My Lords To this I say that under favour Mr. Treasurer was in this methoughts a little Dubious he was something doubtful for at the first he told your Lordships he would deal plainly and clearly with you that he knew before whom he spoke and then my Lords it was but to the best of his Remembrance that these and these words were spoken At the last my Lords being put to it more he was pleased to say that these were positively the words or something to that effect So my Lords here is but a dubious and uncertain Witness under favour and these professions of his speaking clearly and plainly and of his Consideration before whom he was which are something unusual Clauses to Men that come to Swear upon Oath make me conceive him something Dubious in this point Secondly My Lords he is a single Witness and not only so but under favour disavowed by all the rest that were present at the Council My Lord of Northumberland remembred no such thing My Lord Marquess of Hamilton remembred no such thing My Lord Treasurer remembred no such thing my Lord Cottington is very well assured he said no such thing for if he had he should have taken offence at it himself which he never did My Lords in the Third place He is pleased to mention That it was in a Debate Whether an offensive or Defensive War and that then I should say The King had an Army in Ireland c. My Lords it falls out in time to be as I conceive about the 5th of May last not many dayes sooner or later the Army of Ireland was not raised till June following So it seems I should tell the King a great untruth that he had an Army in Ireland which he might imploy for His Service before that Army was raised for it is a notorious thing and any of that Country knows that the Army was not raised till the Fifteenth of June as
I remember Lastly in farther taking away of this Testimony I have proved it by a great many Witnesses beyond all exception that there was never any such intendment of the bringing this Army into England nay that the Design was quite otherwise and this hath been apparently cleared before your Lordships By the Testimony of my Lord of Northumberland Marquess of Hamilton Sir Thomas Lucas and Mr. Slingsby And might have been further justifi'd by the Testimony of my Lord of Ormond President of Munster and Sir John Burlace Master of the Ordnance in Ireland if they had been here to have been produced So that all these laid together the strong and clear proof on my part the producing of a single Witness which by the Proviso of 1 Edw. 6. cannot rise in Judgment against any man for High-Treason I trust all these laid together I shall appear to your Lordships clear and free from these two points whereupon they enforce me to be within the compass of Treason by the Statute alleadged The Third Treason that is laid to my Charge is upon the 27th Article where Four Musquettiers being sent to Egton by Sergeant Major Yaworth to call for their Eight pence a day is prest upon me as a Levying of War upon the King and His People and to be High-Treason upon the Statute of 25 E. 3. These be wonderful Wars if we have no greater Wars then such as four men are able to raise by the Grace of God we shall not sleep very unquietly But How do they prove this to be done by me they produce to your Lordships the Warrant of Sir William Pennyman but had no Warrant at all of mine to shew Sir William Pennyman doth not alledge any Warrant of mine to that purpose he speaks of a General Warrant wherein I and the Deputy-Lieutenants joyn for the paying of the Fortnights pay as they call it and that is very true but that I should give Warrant to Levy by Soldiers no such thing is proved no such thing is shewed no such thing is alleadged by Sir William Pennyman that best knew it and should do it in his own Justification if there were such a thing but on the other side I must humbly beseech your Lordships to mind you what a clear and full proof I made thereof to you till you were weary though I think I I could have continued it a year longer if need had been that there was nothing done by me in the Levying of the first Months pay or the second Fortnights pay but with full consent of the Country nothing being of Constraint nothing being of force put upon them The Second Point was a Warrant shewed to your Lordships or at least pretended from Sir Edward Osborne the Vice-President wherein he charges them to obey and persue the substance and direction of his Warrant on pain of Death and this must likewise be laid to me My Lords I confess I have faults enough more than a good many though I trust neither so crying nor grievous as some would pretend them to be but Faults I have more then too many I need not take nor add to my self other Mens but whether this be a Fault or no I cannot undertake to Judge But certainly I am in no Fault for I was at when this Warrant issued from Mr. Vice-President and I dare say he is a Gentleman so worthy and noble and so great a Lover of Truth that let him be examined upon Oath if he shall not absolutely clear me from Privity or Direction of it I so much rely on him that I will be thought Guilty before your Lordships for this Charge Now my Lords having gone over all that first part which I thought fit to apply my self to and that is Statute-Treason There is no Statute-Treasons in the whole Charge nor colour or pretence thereof save onely that of Newcastle which was waved In these my Lords I hope I am clear before your Lordships and sure I am they give me little disquiet for in good faith I am clear in my own poor Judgment Then comes in the second Condition of Treason in the Charge and that is Constructive Treason and it is laid down in the first Article of the General Charge For my Lords I must tell you the First Articles exhibited are Grounds and Foundations whereupon the rest are gathered and to which they resort and apply themselves severally I do conceive my self in a manner by themselves clear of seven of these for they have in a manner relinquished Five of them So that the First Article is the main Article whereupon I must be touched and that is laid in the Charge thus That I have Trayterously endeavoured to subvert the Fundamental Laws and Government of the Realms of England and Ireland and have by Trayterous Words Councils and Actions declared the same and have advised His Majesty to Compel his Subjects to submit thereunto by force My Lords I must confess I have many times with my self considered with wonder at the Wisdom of our Ancestors that set the Pillars of this Monarchy with that singular Judgment and Providence that I have ever observed that so oft as either the Prerogative of the Crown or Liberty of the Subject Ecclesiastical or Temporal Powers exceed those modest bounds set and appointed for them by the sobriety and moderation of former times the exercise of it over-turn'd to the Prejudice and to the Detriment of the Publick Weale all the Strings of this Government and Monarchy have been so perfectly tuned through the skill and attention of our Fore-Fathers that if you wind any of them any thing higher or let them lower you shall infallibly interrupt the sweet accord that ought to be entertained of King and People With this Opinion I had the honour to sit many years in the Commons House and this Opinion I have carry'd along with me exactly and intirely for Fourteen Years in the King's Service ever Resolving in my heart Stare super vias antiquas to promote with equal care the Prerogative of the Crown and the Liberty of the Subject to Introduce the Laws of England into Ireland ever setting before my self a Joynt and Individual well-being of King and People for either they must be both or neither which made my Misfortune the greater to be now in my Gray Hairs charged as an under-worker against that Government a Subverter of that Law I wost affected and a Contriver against that Religion to the truth whereof I would Witness by the Sealing of it with my Blood My Lords As to the latter part concerning my Religion they have quitted me and I have nothing to answer to that because it is waved and I trust my Lords I shall clear my self in the first part concerning my being a Subverter of the Fundamental Laws that I shall stand clear to your Lordships Judgments in that Case My Lords This Subversion must be by Words by Councils and by Actions in Ireland and in England My Lords
who am this day to Answer before you For if you take away the Power of the Deputy you shall not have that Kingdom long depend upon this Crown for it rests under God and His Majesty and must principally rest upon the care of him that is intrusted with that Charge And therefore give me leave on the behalf of the Crown of England to beseech you to be wary of lessening the Deputie's Power too much for if you do I fear you will find it a great Disservice to the Crown My Lords the next thing I am Charged with is the 9th Article That is a Warrant of Assistance to the Bishop of Down and Connor and for that your Lordships see there was but one of them and have heard it proved that before my time such Warrants were frequent indeed no man was denyed them But my Lords it must likewise be remembred that of my own accord I did recall it before I was ever questioned for it and it is very hard if he that mends his Faults should be afterward punished for it for it is a degree of Repentance and it is hard that a man should be finally Condemned after Repentance and therefore my Lords I trust seeing there was but one of them seeing I did my self recall it so willingly as soon as I found the Inconvenience I hope that will be easier remitted to me The next is the 10th Article that concerns the Customes and that is rather to be looked on as a Fraud then as a Treason as I conceive it there is no Treason in the Business sure But I have proved the Bargain was honestly made That there was more offered for it by me then any other That I had it upon no other Terms then it was formerly let to others That I was constrain'd to it whether I would or no And then My Lords if the Bargain by the Increase of that Kingdom prove a good and profitable Bargain it is a very hard Case that if it be increased through the King's Wisdom and Goodness and the Kingdoms Growth Trade and Traffick that this should be turned upon me as an Argument to make me Guilty of Treason I never found a good Bargain should be so charged so long as it was honest and fair But whereas they press That I have gained Three Hundred Thousand Pounds Estate by it it is a very strange mistake For the King has out of it his Rent of 15 or 16 Thousand Pounds a year and Five entire parts of Eight clear to Himself and therefore it was a strange Calculation and much mistaken by them that that gave the Information of it to the Gentlemen For the book of Rates it was none of mine but was agreed on before my time I had nothing to do with it and therefore have nothing to Answer for it And when it shall come to be proved it will appear that the Rates were set fairly and justly and equal betwixt King and People according to the Law whatsoever hath been said to the contrary The next is the 11th Article concerning Pipe-Staves and that is by them waved and well they may for the plain truth is if it had been proceeded in it would have appeared that there is come Fifteen hundred pounds gain to the King and Four hundred pounds loss to my self and preserving of Woods and that is all that would be made from that Article The next is the business of the Tobacco which is not applyable to Treason in any kind but because I would be clear in every Man's Judgment that hears me I beseech your Lordships to call to mind it was the Petition of the Commons-House of Ireland That the Grant of Impost on the Tobacco should be taken in and converted to the King's use so that whatsoever was done was pursuing their intention and desire That there was no way but this to make benefit and profit of it is most manifestly shewed that there was a Proclamation in England of the like nature and a Command of the King to proceed in it accordingly and an Act of Parliament Transmitted here for passing it to the Crown according to the intention of the Commons-House and for the greatness of the Bargain no Proof hath been offered to your Lordships but only the Estimate of a Merchant and how far your Lordships would be guided by the Estimate of a Merchant I know not but I have had Trial of some of them and their Estimates never hold for they have alwayes told me I shall gain much and when I came to the point I gained nothing and if Sir George Ratcliff should be sworn to the Point he should say confidently that we are Fourscore and six thousand out of Pursâ— and when he came out of Ireland but Fourscore thousand pounds received and this is the Profit Estimated by the great Merchants at a Hundred and Forty Thousand Pounds a year But at the worst it is but a Monopoly and a Monopoly of the best condition because it was begun by a Parliament I have seen many Monopolies question'd in Parliament and many overthrown in Parliament but I never heard a Monopoly charged for a Treason My Lords The next is the 13th Article and that is concerning the Flax business For that my Lords if I had thought it any way concerning me I could have cleared it in a very great measure But I had no private Interest in the business much less of private profit but only an endeavour and desire to bring in the Trade of Linnen-Cloth to that Kingdom which would be much advantage to both Kingdoms and no prejudice to this Kingdom which a Woollen Trade would have been if set up there And the Proclamation when it was found not so well liking to the People was called in of our own accord before it was question'd and so laid aside given over For any matter of private Benefit you have no Witness but Crokay a Fellow brought out of Prison Here is but a single Witness and a sorry one a Fellow who by mis-behaving and mis-using the trust committed to him was turned out and upon the turning of him out the Proclamation was absolutely called in and now he comes to be a Witness being himself the only offender in the Cause But I beseech your Lordships to think I have not lived with so mean a heart in the World that I should look to gain Four Nobles more or less upon a Cart Load of Flax It is very well known my thoughts have carried me free enough from gaining so poor and petty a matter as that is I know nothing in the World of it no more than the man in the Moon but when it comes to be heard your Lordships will find me extreme pure in that for I thank God I have clear hands I assure you The 14th is waved by them concerning an unlawful Oath given to Masters and Officers or Ships and it might very well be waved for I conceive it to be Warranted by the Law
Sure I am it is both the Practice of England and Ireland and hath alwayes and at all times been practised and used and is only for the preventing of Fraud and Deceipt in Merchants by not paying the King's Duties and Customs The 15th is Answered already I hope The 16th doth Charge upon me certain Propositions I made before I went into Ireland And in good Faith my Lords you may see how short-sighted men may be to their own Actions for I did very well believe I should never have reaped any thing from those Propositions but Thanks I am sure they were well received then when they were offered to His Majesty and the Council and I must truely Confess I never thought they should be objected against me as a Fault My Lords The Proposition was That no man should be allowed to Complain of Injustice or Oppression in Ireland unless he first addressed himself to the Deputy My Lords there was no Original Intent but only to prevent Clamours and Unjust Vexations of the King's Ministers there that after men had received Judgment of the King's Courts they might not presently come and by Clamours call over a Chief Justice or a Chancellor or President to Answer here and be at charge of five or six hundred pounds unless they acquaint the Deputy with it that they might be righted in the place and this is Charged against me as a great Crime Truly My Lords I shall Confess and Amend any thing and trust other Judgments rather than mine own but I see not how this can Charge me as intending to subvert the Laws of the Land but rather to preserve them The other concerns a Proclamation That none shall depart the Kingdom without License My Lords for that I have shewed that no man out of that Kingdom can come without License but upon very great Penalties I have shewed likewise it was the desire of their own Agents some 15 or 16 years since That there might be such a Restraint and none might come over without License I have shewed you likewise the Instructions to my Lord of Faulkland by which he was Commanded in persuance of that Desire that none should come over without his License I have shewed the express Command of His Majesty to me to have it so I have shewed you likewise the Reasons of State why it should be so to prevent that practice and Intelligence which might otherwise arise betwixt them of that Nation serving under Tir-Counell and O Neale and likewise to prevent the going over and Transplanting the Prime Nobility and Gentry to Seminaries and other such places there to be brought up and therefore in reason of State it is a Restraint and ought so to be But having these grounds of Law Warrant Practice Former Instruction and all Why this should be brought to me in particular Charge to Convince me of endeavouring the Subversion of the Laws I must submit to your Lordships My Lords There is in the latter part of this another Charge concerning the Sentencing of one Parry who was Sentenced as I conceive very Justly and I have no more to answer for in that Sentence than any of the rest having but a single Voice and that I should answer for all I confess is something hard But there is no manner of Testimony in the World in this save the Testimony of Parry himself Now if Parry the Man offended his Testimony shall be taken against the Judge I know no Man can be safe and other Testimony is not offered and therefore I trust that that will easily fall off of it self The 17th is likewise waved and is in Truth of no great Consequence one way or other and therefore I shall give no other Answer to it It was well waved and had been as well left out having no great matter in it The 18th is likewise waved but it is that which sticks very heavy upon me and wherein I find my self as much afflicted as in any one part of the Charge For my Lords here I am Charged up and down to endeavour to draw upon my self a Dependance of the Papists in both Kingdoms of Ireland and England and that I have during the time of my Government restored diverse Mass-Houses in Dublin and elsewhere that have been by Precedent Deputies taken away I am likewise Charged to have drawn to my self a Dependance of the Irish Army Eight Thousand all Papists and likewise to have miscarried my self in a Commission intrusted with me before my going into Ireland concerning Compositions for Recusants This is a very heavy and grievous Charge and hath raised a great deal of Ill Opinion against me in the World to be a Favourer and Contriver with Papists and I know not whom against the Religion I profess a Greater and Fouler Crime there cannot be against God or Man and yet this goes in Print all over the World and when it comes to the Point here is no Proof nor any part of the Charge made good And therefore since it is not made good by the Charge I humbly desire I may be vindicated in your Lordships Noble Opinions and the Opinions of all that hear me that I am in my Religion what I ought to be and that which I will Dye in and Maintain against all the World And I am so far from Contriving any thing to the hinderance of it that if God give me life I will serve it and prevent any inconvenience to it and my Religion and Duty to God is so Dear and precious to me that there is nothing in this World but I shall lay it down as Straw and Stubble under my feet and trample upon it rather then in any kind forfeit that but in the mean time I suffer and must be content My Lords The next is the 19th Article and that was for framing a New and Unusual Oath which the Scots did take in Ireland to give Pledges of their Allegiance to the King I have shewed you for that that the Oath was framed by the King 's express Command in January before the Oath was given which was I think in May. And I did then humbly conceive it lawful for me so to do being only to take from them a Pledg of their Allegiance to the King I confess I conceived such an Oath might have been lawfully Administred to the People and shewed that the same Oath was Administred here in England to those of that Nation I shewed that it was taken in Ireland voluntarily And I humbly represent to your Lordships the time when this Oath was required when the King and both the Armies were in the Field lodged not far from one another And whereas it is said it should oblige the Clergy in Ecclesastical Matters if your Lordships call to mind the very Oath it self clears that Point requiring onely a Temporal Obedience and Allegiance in a time of that Danger and Distraction given by the King 's own Command and to no other purpose And my Lords the Proofs
against the will of the Subject and he doubts not but the Parliament would give What Twelve Subsidies and your Lordships very well remember Twelve were propounded but I beseech you observe the coherence of all the Parliament must be called they must be tryed if they deny there is necessity and this necessity is a Warrant for the King to proceed so that my Lord of Strafford must be judged to be either a Prophet or to have this design beforehand in his thoughts Now the Parliament being broken before answer to the Demand given he vents his Counsel in the Three and twentieth Article and how far it is proved your Lordships have heard Now comes the Bullion to be seized the Copper-money to be advised and now comes he to tell the King that the Aldermen of London must be put to Fine and Ransome and laid by the heels and no good would be done till some of them be hanged so you hear his advice I beseech your Lordships observe what success this advice took Four Aldermen were instantly committed and then the Counsel of the Three and twentieth Article is fomented First He foments the War then there is a necessity the defection of the Parliament must set the King loose from rules of Government and now see whether the occasion of the War the calling of the Parliament the dissolving of it be not adequate to what he propounded to himself namely to set up an Arbitrary Government Your Lordships remember how fresh my Lord of Bristol's memory is touching my Lord of Strafford's opinion upon the dissolution of the Parliament how he declared unto my Lord of Bristol instantly within three or four dayes after That the King was not to be mastered by the frowardness of his people or rather of some particular persons and your Lordships remember Sir George Wentworths words spoken the very day of dissolving the Parliament which may be very well applyed as a concurrent proof to his intentions of bringing the Army into England He was my Lord 's own Brother that knew much of his Counsel and his words are That the English Nation would never be well till they were conquered over again So my Lords put all together if he declared his own intentions if actions in executing this Tyrannical and Arbitrary Power if Counsels of as dangerous consequence in as high a strain as can be be not a sufficient Evidence to prove an intention and desire to subvert the Law I know not what can prove such an interpretation and now I refer it to your Lordships judgments whether here be not a good proof of the Article laid to his Charge My Lords in the Seven and Twentieth Article he is charged with levying of War upon the King's People by forcing them in Yorkshire to pay Money to prove they were so forced you have heard by two Witnesses that Sergeant-Major Yaworth by Musquetiers four together in the Town and one by one out of the Town did compel them to pay the fortnights contribution else they were to serve in person That he did this by Warrant is likewise confessed by Sir William Pennyman and whether this were an authority derived from or commanded by my Lord of Strafford that is the question and my Lords it is plainly proved that it was commanded by my Lord of Strafford for Sir William Pennyman himself being examined alledged that the Warrant was made in pursuance of the relation and direction made by my Lord of Strafford Your Lordships heard what my Lord of Strafford did say before-hand as is proved by two Witnesses Sir William Ingram and Mr. Cholmley that this Money should be paid or levyed on the Subjects Goods Then his Declaration to Sir William Pennyman in pursuance of which he made his Warrant that it was the assent of the Lords of the great Council that this Money should be levyed and taking all together whether it fixes it not upon him to be the Author and Instrument it rests in your judgments in point of Fact and so I suppose the Seven and twentieth Article rests on him and so I shall conclude the Evidence produced on the behalf of the Commons And now give me leave to put your Lordships in mind of some Evidences offered by my Lord Strafford himself in his Answer and in the passages of his Defence for his clearing and justification but tending directly to his condemnation I will enter upon some passages he mentioned to day and often before When he is charged with invading the Estates of the Peers of the Kingdom of Ireland and determining them upon Paper Petitions in an Arbitrary way your Lordships have heard him speak it before and repeat it this day That he did it out of Compassion for the more expeditious proceeding on behalf of the poor against these mighty But then my Lords I beseech you compare some other part of his Proceedings Your Lordships remember the business of the Flax which concerns the poor wholly and universally and if compassion had been the rule and direction of his Actions towards the poor surely this would have been a just cause to have commiserated them in this case but he exercised his power over them and over them wholly and over them universally and therefore it shews it is not his compassion to the poor nor respect to the rich or mighty that will any way restrain or obstruct his ways to his own Will And therefore you may see what truth there is in his answer by comparing one part of the Charge with another when the business of the Flax brought that calamity upon the King's Subjects that Thousands of them perished for lack of Bread and dyed in Ditches Secondly Your Lordships have often heard him use a Rhetorical insinuation wondring that he should be charged with words and they strained so high as to be made Treason to question his Life and Posterity though the words might be spoken unadvisedly or in discourse or by chance Your Lordships remember the Fifth Article touching his proceedings against my Lord Mountnorris where words were spoken in an ordinary discourse at dinner and slight ones God knows of no consequence at all such as another man would scarce have hearkened after and yet my Lord extends them to the taking away of my Lord Mountnorris his life gets a Sentence of Death against him and that against Law with a high hand in such a manner as I think your Lordships have not heard the like and therefore I beseech you compare one part of his Answer with another and see how ready he is to make use of any thing that may excuse himself and yet when he comes to act his power you see his exercise of it You have heard how he magnifies his Zeal for advancing the King's Benefit and Revenue and his care of his Service and would shelter and protect himself under it to justifie an exorbitant action but if your Lordships call to mind the business of the Customs for Tobacco which in truth
Afternoon and the House was divided upon it the Lord Digby and Mr. Lloyd tellers for the Years Sir Gilbert Gerrard and Sir Thomas Barrington tellers for the Noes with the Noes were 59 with the Yeas 204. so the Bill passed the House of Commons being thrice read in one Day and Mr. Pym by Order of the House carried it up to the Lords with a special Recommendation to their Lordships to give it all Expedition in regard of the great Importance acquainting them That the Commons would be ready to Justifie the Legality of the Bill But notwithstanding the Tide run with that impetuous Violence against this Noble Lord that to oppose it must hazard drowning and that doubtless Fear carried as many down the stream as Judgment yet so great was the Power of his Innocence and the Force of Truth that even the Lord Digby one who while he thought him Criminal was his severest Accuser yet discerning the unjust practices against the Earl he became his Advocate though all the advantage he got was by generously endeavouring to save the Lord Strafford he lost his own Esteem both in the House of Commons and among the Faction and from that moment became their declared Enemy by being a Bold Friend of Truth and Justice So it happens while men out of too much Popularity court or follow a Faction they kindâ—â— a fire which when they would quench they perish in those Flames which they help'd to blow up However this Speech of the Lord Digby's gives a clear light into the Dark Contrivance which brought this Great Life to an untimely Period and was as followeth Mr. Speaker WE are now upon the point of giving as much as in us lies the Final Sentence unto Death or Life on a great Minister of State and Peer of this Kingdom The Lord Digby's Speech at the passing the Bill of Attainder against the Earl of Strafford Apr. 21. Thomas Earl of Strafford a Name of hatred in the present Age by his practices and fit to be made a Terrour to future Ages by his Punishment I have had the Honour to be Imployed by the House in this great business from the first hour that it was taken into Consideration It was matter of great Trust and I will say with confidence that I have served the House in it both with Industry according to my ability and with most exact Faithfulness and Secrecy And as I have hitherto discharged my Duty to this House and to my Country in the Progress of this Great Cause so I trust I shall do now in the last period of it to God and to a good Conscience I do wish the peace of that unto my self and the blessings of Almighty God to me and my Posterity according as my judgment on the life of this man shall be consonant with my heart and the best of my understanding in all Integrity I know well Mr. Speaker that by some things I have said of late whilst this Bill was in agitation I have raised some prejudices upon me in the Cause Yea some I thank them for their plain dealing have been so free as to tell me that I suffered much by the backwardness I have shewn in this Bill of Attainder of the Earl of Strafford against whom I had been formerly so keen and so active Mr. Speaker I beg of you and the rest but a suspension of Judgment concerning me till I have opened my heart unto you freely and clearly in this business Truly Sir I am still the same in my Opinions and Affections as unto the Earl of Strafford I confidently believe him the most dangerous Minister the most insupportable to free Subjects that can be charactered I believe his Practices in themselves have been as High as Tyrannical as any Subject ever ventured on and the malignity of them are hugely aggravated by those rare abilities of his whereof God hath given him the use but the Devil the application in a word I believe him still that grand Apostate to the Common-wealth who must not expect to be pardoned in this World till he be dispatched to the other And yet let me tell you Mr. Speaker my hand must not be to that dispatch I protest as my Conscience stands informed I had rather it were off Let me unfold unto you the mystery Mr. Speaker I will not dwell much upon justifying unto you my seeming variance at this time from what I was formerly but by putting you in mind of the difference between Prosecutors and Judges How misbecoming that fervour would be in a Judge which perhaps was commendable in a Prosecutor Judges we are now and must put on another Personage It is honest and noble to be earnest in order to the discovery of Truth but when that hath been brought as far as it can to light our judgment thereupon ought to be calm and cautious In prosecution upon probable Grounds we are accountable only for our industry or remisness but in judgment We are deeply responsible to God Almighty for it's Rectitude or Obliquity in cases of Life the Judge is God's Steward of the Partie's blood and must give a strict account for every drop But as I told you Mr. Speaker I will not insist long upon the Ground of Difference in me now from what I was formerly The truth on 't is Sir the same Ground whereupon I with the rest of the Five to whom you first committed the Consideration of my Lord Strafford brought down our Opinion That it was fit he should be Accused of Treason upon the same Ground I was engaged with earnestness in his Prosecution and had the same Ground remained in that force of belief with me which till very lately it did I should not have been tender in his Condemnation But truly Sir to deal plainly with you that Ground of our Accusation That Spur to our Prosecution and that which should be the basis of my judgment of the Earl of Strafford as unto Treason is to my understanding quite vanisht away This it was Mr. Speaker His advising the King to employ the Army of Ireland to reduce England This I was assured would be proved before I gave my consent to his Accusation I was confirmed in the same belief during the Prosecution and fortified in it most of all since Sir Henry Vane 's preparatory Examination by the assurances which that worthy Member Mr. Pym gave me that his Testimony would be made convincing by some Notes of what passed at that Junto concurrent with it which I ever understanding to be of some other Councellor you see now prove but a Copy of the same Secretaries Notes discovered and produc'd in the manner you have heard and those such disjoynted Fragments of the Venomous part of Discourses no Results no Conclusions of Counsels which are the only things that Secretaries should Register there being no use at all of the other but to Accuse and to bring men into danger But Sir this is not that which overthrows
for though it cost him his life he that is in possession thinks it as well worth the keeping John Sparhank in King Henry the Fourth's time meeting two men upon the way amongst other talk said That the King was no rightful King but the Earl of March and that the Pope would grant Indulgencies to all that could assist the Earl's Title and that within half a year there would be no Liveries nor Cognizances of the King that the King had not kept promise with the People but had laid Taxes upon them In Easter-Term in the third year of Henry the Fourth in the Kings Bench Rot. 12. this adjudged Treason this denying the Title with Motives though not implyedly of Action against it adjudged Treason this is a compassing the Kings death How this was a compassing of the Kings Death is declared in the Reasons of the Judgment that the words were spoken with an intent to withdraw the affections of the people from the King and to excite them against him that in the end they might rise up against him in mortem destructionem of the King My Lords in this Judgment and others which I shall cite to your Lordships it appears that it is a compassing the Kings death by Words to endeavour to draw the Peoples hearts from the King to set discord between the King and them whereby the People should leave the King should rise up against him to the death and destruction of the King The Cases that I shall cite prove not only that it is Treason but what is sufficient Evidence to make this good Upon a Commission held the 18th year of Ed. 4. in Kent before the Marquess of Dorset and others an Indictment was preferred against John Awater of High-Treason in the Form before-mentioned for Words which are entred in the Indictment Sub hac forma That he had been servant to the Earl of Warwick that though he were dead the Earl of Oxford was alive and should have the Government of part of that Country That Edward whom you call King of England was a false Man and had by Art and Subtilty slain the Earl of Warwick and the Duke of Clare his Brother without any cause who before had been both of them attainted of High-Treason My Lords This Indictment was Returned into the Kings-Bench in Trinity Term in the Eighteenth year of Edward the Fourth and in Easter-Term the Two and twentieth of Edward the Fourth he was outlawed by the stay of the outlawry so long as it seems the Judges had well advised before whether it were Treason or not At the same Session Thomas Heber was Indicted of Treason for these words That the last Parliament was the most simple and insufficient Parliament that ever had been in England That the King was gone to live in Kent because that for the present he had not the love of the Citizens of London nor should he have it for the future That if the Bishop of Bath and Wells were dead the Archbishop of Canterbury being Cardinal of England would immediately lose his head This Indictment was returned into the Kings-Bench in Trinity-Term in the 18th year of Edward the 4th afterwards there came a Privy-Seal to the Judge to respit the Proceedings which as it should seem was to the intent the Judges might advise of the Case for afterwards he is outlawed of High-Treason upon this Indictment These words are thought sufficient evidence to prove these several Indictments that they were spoken to withdraw the Peoples Affections from the King to excite them against him to cause Risings against him by the People in mortem destructionem of the King Your Lordships are pleased to consider That in all these Cases the Treason was for words only words by private Persons and in a more private manner but once spoken and no more only amongst the People to excite them against the King My Lords here are Words Counsels more then Words and Actions too not only to disaffect the people to the King but the King likewise towards the People not once but often not in private but in places most Publick not by a private person but by a Counsellor of State a Lord-Lieutenant a Lord-President a Lord-Deputy of Ireland 1. To His Majesty that the Parliament had denyed to supply Him a Slander upon all the Commons of England in their Affections to the King and Kingdom in refusing to yield timely supply for the necessities of the King and Kingdom 2. From thence that the King was loose and absolved from Rules of Government and was to do every thing that Power would admit My Lords more cannot be said they cannot be aggravated whatever I should say would be in Diminution 3. Thence you have an Army in Ireland you may employ to reduce this Kingdom To Counsel a King not to Love His People is very Unnatural it goes higher to hate them to Malice them in his heart the highest expressions of Malice to destroy them by War These Coals they were cast upon his Majesty they were blown they could not kindle in that Breast Thence my Lords having done the utmost to the King he goes to the people At York the Country being met together for Justice at the Open Assises upon the Bench he tells them speaking of the Justices of the Peace that they were all for Law nothing but Law but they should find that the Kings Little Finger should be heavier then the Loyns of the Law as they shall find My Lords Who speaks this to the People a Privy-Counsellor this must be either to traduce His Majesty to the People as spoken from him or from himself who was Lord-Lieutenant of the County and President intrusted with the Forces and Justice of those parts that he would Employ both this way Add my Lords to his Words there the Exercising of an Arbitrary and Vast Jurisdiction before he had so much as Instructions or Colour of Warrant Thence we carry him into Ireland there he Represented by his place the Sacred Person of his Majesty First There at Dublin the Principal City of that Kingdom whither the Subjects of that Country came for Justice in an Assembly of Peers and others of greatest Rank upon occasion of a Speech of the Recorder of that City touching their Franchises and Regal Rights he tells them That Ireland was a Conquered Nation and that the King might do with them what he pleased Secondly Not long after in the Parliament 10 Car. in the Chair of State in full Parliament again That they were a Conquer'd Nation and that they were to expect Laws as from a Conqueror before the King might do with them what he would now they were to expect it that he would put this Power of a Conqueror in Execution The Circumstances are very Considerable in full Parliament from himself in Cathedra to the Representative Body of the whole Kingdom The Occasion adds much when they desir'd the Benefit of the Laws and that their Causes and Suits
Treasons are commited in Ireland therefore not tryable here Answ My Lords Sir John Parrot his Predecessor 24 Ed. was tryed in the Kings-Bench for Treason done in Ireland when he was Deputy and Oruche in the 33 year of Queen Elizabeth adjudged here for Treason done in Ireland Object But it will be said these Tryals were after the Statute of the 34th year of Henry the 8th which Enacts that Treasons beyond Sea may be tryed in England Answ My Lords his Predecessor my Lord Gray was tryed and adjudged here in the Kings-Bench that was in Trinity-Term in the 33 year of Henry the 8th this was before the making of that Statute Object To this again will we say That it was for Treason by the Laws and Statutes of England that this is not for any thing that 's Treason by the Law of England but an Irish Statute So that the question is only Whether your Lordships here in Parliament have cognizance of an offence made Treason by an Irish Statute in the ordinary way of Judicature without Bill for so is the present question For the clearing of this I shall propound two things to your Lordships consideration Whether the Rule for expounding the Irish Statute and Customs be one and the same in England as in Ireland That being admitted whether the Parliament in England have cognizance or jurisdiction of things there done in respect of the place because the Kings Writ runs not there For the first in respect of the place the Parliament here hath cognizance there And Secondly If the Rules for expounding the Irish Statutes and Customs be the same here as there this exception as I humbly conceive must fall away In England there is the Common Law the Statutes the Acts of Parliament and Customs peculiar to certain places differing from the Common-Law If any question arise concerning either a Custom or an Act of Parliament the Common-Law of England the First the Primitive and the General Law that 's the Rule and Expositor of them and of their several extents it is so here it is so in Ireland the Common-Law of England is the Common-Law of Ireland likewise the same here and there in all the parts of it It was introduced into Ireland by King John and afterwards by King Henry 3. by Act of Parliament held in England as appears by the Patent Rolls of the 30 year of King Henry 3. the first Membrana the Words are Quia pro Communi Vtilitate terrae Hiberniae unitate terrarum Regis Rex vult de Communi Concilio Regis Provisum est quod omnes Leges Consuetudines quae in Regno Angliae tenentur in Hibernia teneantur eadem terra eisdem legibus subjaceat per easdem Regatur sicut Dominus Johannes Rex cum ultimò esset in Hibernia statuit fieri mandavit quia c. Rex vult quòd omnia brevia de Communi Jure quae currunt in Anglia similiter currant in Hibernia sub novo sigillo Regis mundatum est Archiepiscopis c. quod pro pace tranquilitate ejusdem terrae per easdem leges eos regi deduci permittant eas in omnibus sequantur in cujus c. Teste Rege apud Woodstock Decimo nono die Septembris Here is an union of both Kingdoms and that by Act of Parliament and the same Laws to be used here as there in omnibus My Lords That nothing might be left here for an exception that is That in Treasons Felonies and other capital offences concerning Life the Irish Laws are not the same as here therefore it is enacted by a Parliament held in England in the 14th year of Edw. 2. it is not in print neither but in the Parliament Book that the Laws concerning Life and Member shall be the same in Ireland as in England And that no exception might yet remain in a Parliament held in England The 5th year of Edw. 3. it is Enacted Quod una eadem Lex fiat tam Hibernicis quam Anglicis This Act is enrolled in the Patent Rolls of the 5th year of Edw. 3. Parl. membr 25. The Irish therefore receiving their Laws from hence they send their Students at Law to the Inns of Courts in England where they receive their Degree and of them and of the Common Lawyers of this Kingdom are the Judges made The Petitions have been many from Ireland to send from hence some Judges more learned in the Laws than those they had there It hath been frequent in cases of difficulty there to send sometimes to the Parliament sometimes to the King by advice from the Judges here to send them resolutions of their doubts Amongst many I 'll cite your Lordships only one because it is in a case of Treason upon an Irish Statute and therefore full to this point By a Statute there made the fifth year of Edw. 4. there is a provision made for such us upon suggestions are committed to prison for Treason that the party committed if he can procure 24 Compurgators shall be bailed and let out of prison Two Citizens of Dublin were by a Grand-Jury presented to have committed Treason they desired benefit of this Statute that they might be let out of prison upon tender of their Compurgators The words of the Statute of the 5th year of Edward 4th in Ireland being obscure the Judges there being not satisfied what to do sent the case over to the Queen desired the opinion of the Judges here which was done accordingly The Judges here sent over their opinion which I have out of the Book of Justice Anderson one of the Judges consulted withal The Judges delivered their opinion upon an Irish Statute in Case of Treason If it be objected That in this Case the Judges here did not judge upon the party their opinions were only ad informandam Conscientiam of the Judges in Ireland that the Judgment belonged to the Judges there My Lords with submission this and the other Authorities prove that for which they were cited that is that no absurdity no failure of Justice would ensue if this great Judicatory should judge of Treason so made by an Irish Statute The Common-Law rules of Judging upon an Irish Statute the Pleas of the Crown for things of Life and Death are the same here and there this is all that yet hath been offered For the Second point That England hath no power of Judicature for things done in Ireland My Lords the constant practice of all ages proves the contrary Writs of Error in Pleas of the Crown as well as in Civil Causes have in all Kings Reigns been brought here even in the inferior Courts of Westminster-Hall upon Judgment given in the Courts of Ireland the practice is so frequent and so well known as that I shall cite none of them to your Lordships no president will I believe be produced to your Lordships that ever the Case was remanded back again into Ireland because the question arose upon an
Irish Statute or Custom Object But it will be said that Writs of Error are only upon failure of justice in Ireland and that suits cannot originally be commenced here for things done in Ireland because the Kings Writ runs not in Ireland Answ This might be a good Plea in the Kings-Bench and inferior Courts at Westminster-Hall the question is Whether it be so in Parliament The Kings Writ runs not within the County-Palatine of Chester and Durham nor within the Five Ports neither did it in Wales before the Union of Henry the 8th's time after the Laws of England were brought into Wales in King Edw. the 1. time Suits were not originally commenced at Westminster-Hall for things done in them yet this never excluded the Parliament-suits for Life Lands and Goods within these jurisdictions are determinable in Parliament as well as in any other parts of the Realm Ireland as appears by the Statute of the Thirtieth year of Henry 3. before-mentioned is united to the Crown of England By the Statute of the Eight and twentieth year of Hen. 6th in Ireland it is declared in these words That Ireland is the proper Dominion of England and united to the Crown of England which Crown of England is of it self and by it self wholly and intirely endowed with all Power and Authority sufficient to yield to the Subjects of the same full and plenary remedy in all Debates and Suits whatsoever By the Statute of the Three and twentieth year of Henry the 8th the first Chapter when the Kings of England first assumed the Title of King of Ireland it is there Enacted that Ireland still is to be held as a Crown annexed and united to the Crown of England So that by the same reason from this that the Kings Writs run not in Ireland it might as well be held that the Parliament cannot originally hold Plea of things done within the County-Palatine of Chester and Durham nor within the Five Ports and Wales Ireland is a part of the Realm of England as appears by those Statutes as well as any of them This is made good by constant practice in all the Parliament Rolls from the first to the last there are Receivers and Tryers of Petitions appointed for Ireland for the Irish to come so far with their Petitions for Justice and the Parliament not to have cognizance when from time to time they had in the beginning of the Parliament appointed Receivers and Tryers of them is a thing not to be presumed An Appeal in Ireland brought by William Lord Vesey against John Fitz-Thomas for Treasonable words there spoken before any Judgment given in Case there was removed into the Parliament in England and there the Defendant acquitted as appears in the Parliament Pleas of the Two and twentieth year of Edw. 1. The Suits for Lands Offices and Goods originally begun here are many and if question grew upon matter in Fact a Jury usually ordered to try it and the Verdict returned into the Parliament as in the Case of one Ballyben in the Parliament of the Five and thirtieth year of Edw. the 1. If a doubt arose upon a matter tryable by Record a Writ went to the Officers in whose custody the Record remained to certifie the Record as was in the Case of Robert Bagott the same Parliament of the Five and thirtieth year of Edw. the 1. where the Writ went to the Treasurer and Barons of the Exchequer Sometimes they gave Judgment here in Parliament and commanded the Judges there in Ireland to do execution as in the great Case of Partition between the Copartners of the Earl-Marshal in the Parliament of the Three and thirtieth of Edward the 1. Where the Writ was awarded to the Treasurer of Ireland My Lords The Laws of Ireland were introduced by the Parliament of England as appears by Three Acts of the Parliament before cited It is of higher Jurisdiction Dare Leges then to judge by them The Parliaments of England do bind in Ireland if Ireland be particularly mentioned as is resolved in the Book-Case of the First year of Henry the Seventh Cook 's Seventh Report Calvin's Case and by the Judges in Trinity-Term in the Three and thirtieth year of Queen Elizabeth The Statute of the Eighth year of Edward the 4th the first Chapter in Ireland recites That it was doubted amongst the Judges whether all the English Statutes though not naming Ireland were in force there if named no doubt From King Henry the 3d his time downwards to the Eighth year of Queen Elizabeth by which Statute it is made Felony to carry Sheep from Ireland beyond Seas in almost all these Kings Reigns there be Statutes made concerning Ireland The exercising of the Legislative Power there over their Lives and Estates is higher than of the Judicial in question until the 29th year of Edward the 3d erroneous Judgments given in Ireland were determinable no where but in England no not in the Parliament of Ireland as it appears in the close Rolls in the Tower in the 29th year of Edward the 3d. Memb. 12. Power to examine and reverse erroneous Judgments in the Parliaments of Ireland is granted from hence Writs of Error lye in the Parliament here upon erroneous Judgments after that time given in the Parliaments of Ireland as appears in the Parliament Rolls of the Eighth year of Henry the 6th N o 70. in the Case of the Prior of Lenthan It is true the Case is not determined there for it 's the last thing that came into the Parliament and could not be determined for want of time but no exception at all is taken to the Jurisdiction The Acts of Parliament made in Ireland have been confirmed in the Parliaments of England as appears by the close Rolls in the Tower in the Two and fortieth year of Edward the 3d. Memb. 20. Dorso where the Parliament in Ireland for the preservation of the Countrey from Irish who had almost destroyed it made an Act That all the Land-Owners that were English should reside upon their Lands or else they were to be forfeited this was here confirmed In the Parliament of the Fourth year of Henry the 5th Chap. 6. Acts of Parliament in Ireland are confirmed and some priviledges of the Peers in the Parliaments there are regulated Power to repeal Irish Statutes Power to confirm them cannot be by the Parliament here if it hath not cognizance of their Parliaments unless it be said that the Parliament may do it knows not what Garnsey and Jersey are under the Kings subjection but are not parcels of the Crown of England but of the Duchy of Normandy they are not governed by the Laws of England as Ireland is and yet Parliaments in England have usually held Plea of and determined all Causes concerning Lands or Goods In the Parliament in the 33 Edward 1. there be Placita de Insula Jersey And so in the Parliament 14 Edw. 2. and so for Normandy and Gascoigne and always as long as any part of
rather what was safe than what seemed just preferring the outward peace of my Kingdoms with men before that inward exactness of Conscience before God And indeed I am so far from excusing or denying that complyance on my part for plenary consent it was not to his destruction whom in my judgment I thought not by any clear Law guilty of death that I never did bear any touch of Conscience with greater regret which as a sign of my repentance I have often with sorrow confessed both to God and Men as an Act of so sinful frailty that it discovered more a fear of man than of God whose Name and Place on Earth no man is worthy to bear who will avoid inconveniencies of State by Acts of so high injustice as no publick convenience can expiate or compensate I see it a bad exchange to wound a mans own Conscience thereby to salve State sores to calm the storms of popular discontents by stirring up a Tempest in a mans own bosom Nor hath Gods Justice failed in the event and sad consequences to shew the World the fallacy of that Maxim Better one man perish though unjustly than the people be displeased or destroyed For in all likelihood I could never have suffered with my people greater calamities yet with greater comfort had I vindicated Strafford's innocency at least by denying to Sign that destructive Bill according to that Justice which my Conscience suggested to me then I have done since I gratified some mens unthankful importunities with so cruel a favour and I have observed that those who counsell'd me to Sign that Bill have been so far from receiving the rewards of such ingratiatings with the People that no men have been harassed and crushed more than they he only hath been least vexed by them who counselled me not to consent against the Vote of my own Conscience I hope God hath forgiven me and them the sinful rashness of that business To which being in my Soul so fully Conscious those Judgments God hath pleased to send upon me are so much the more welcome as a means I hope which his mercy hath sanctified so to me as to make me repent of that unjust Act for so it was to me and for the future to teach me that the best rule of policy is to prefer the doing of Justice before all enjoyments and the peace of my Conscience before the preservation of my Kingdoms Nor hath any thing more fortified my resolutions against all those violent importunities which since have sought to gain a like consent from me to Acts wherein my Conscience is unsatisfied than the sharp touches I have had for what passed me in my Lord of Straffords business Not that I resolved to have employed him in my affairs against the advice of my Parliament but I would not have had any hand in his death of whose guiltiness I was better assured than any man living could be Nor were the crimes objected against him so clear as after a long and fair hearing to give convincing satisfaction to the major part of both Houses especially that of the Lords of whom scarce a third part were present when the Bill passed that House And for the House of Commons many Gentlemen disposed enough to diminish my Lord of Strafford 's Greatness and Power yet unsatisfied of his Guilt in Law durst not condemn him to dye who for their integrity in their Votes were by posting their Names exposed to the popular Calumny Hatred and Fury which grew then so exorbitant in their clamors for Justice That is to have both my self and the Two Houses Vote and do as they would have us that many 't is thought were rather terrified to concur with the condemning party than satisfied that of right they ought so to do And that after Act vacating the Authority of the precedent for future imitation sufficiently tells the world that some remorse touched even his most implacable Enemies as knowing he had very hard measure and such as they would be very loath should be repeated to themselves This tenderness and regret I find in my Soul for having had any hand and that very unwillingly God knows in the shedding one mans Blood unjustly though under the colour of the Formalities of Justice and pretences of avoiding publick Mischiefs which may I hope be some Evidence before God and Man to all Posterity that I am far from bearing justly the vast load and guilt of all that blood which hath been shed in this unhappy War which some men will needs charge upon me to ease their own Souls who am and ever shall be more afraid to take away any mans life unjustly than to lose my own Nor was this all for besides what he said at his own Death he acquainted Doctor Shelden afterwards Archbishop of Canterbury with his Resolution if ever he was in a Condition to perform his Vows of which this was one To do publick Pennance for the injustice he had suffered to be done to the Earl of Strafford as may be large be seen in his Life written by Dr. Perinchief fol. 119. Nothing was sounded in the Kings Ears but Fears Terrors and Threatnings of Worse and Worse Tumults and Rebellions from every quarter of the City and every corner of the Kingdom and indeed the King who had seen the effects of them both in Scotland and England could not but have very terrible apprehensions of them At last having wrastled him breathless he was vanquished by Importunity and necessity and yielded to the Passing of these two Fatal Bills by Commission the one for the Earl's and the other as it proved in the Event for his own Execution Upon Monday May the 10th Monday May 10. Bill of Attainder passed by Commission Mr. Maxwell Gentleman-Usher to the Lords came to acquaint the Commons with the good news that His Majesties Assent to the two Bills was to be given by Commission and that their Lordships did expect Mr. Speaker and the House of Commons to come up It seems the Gentleman was something transported as sure all the world was out of their wits for he came without the Black Rod and entred without being called in at which there was Exceptions taken but the News he brought was so agreeable that the transport of it did him the favour to take off the Resentments of the House who at another time would not have pocketted up such an affront with silence The Commission was granted under the Great-Seal of England directed unto the Lord Privy-Seal Lord Great Chamberlain Lord Steward The manner of passing Bills by Commission or any two of them for passing the Royal Assent to two Bills the one intituled An Act of Attainder of Thomas Earl of Strafford of High-Treason the other An Act to prevent the Inconveniencies which may happen by the untimely Adjourning Proroguing or Dissolving of this present Parliament The Lords being all in their Robes and the Commissioners sate upon a Form standing across the House
Matth. Paris that the Bishop of Winchester was his Brother a very Potent Man in the State And it is worthy our Noting that the Bishops did endeavour to salve their Disloyalty and Perjury by bringing in the Salick Law to this Kingdom Trayterously avowing that it was baseness for so many and so great Peers to be subject to a woman Nay it seemeth the Bishops did not intend to be true Subjects to him though a brave and worthy Prince H. Huntington had his Title to the Crown been as good as the Prelates at his Election did declare for read we not that the Bishops of Salisbury Lincoln Ely and others did fortifie Castles against him and advanced to him in Armed and Warlike manner Wendover Nay did not his Brother the Bishop of Winchester forsake him and in a Synod of Clergy accursed all those that withstood the Empress Maud Paris Malmsbury blessing all that assisted her Surely this Curse ought to have fallen on himself and the Archbishop who did trouble the Realm with Fire and Sword Sure as these were too great to be put out of Parliament so were they very dangerous therein Unto Stephen succeeded Henry the Second In this time Thomas Becket was Archbishop of Canterbury what his demeanor towards his Soveraign was and what Mischief was by him occasioned to the Kingdom would take too much time to declare though some Papists that adore him for a Saint will say he resisted on just Cause Caesarius dial lib. 8. c. 69. yet I will deliver what I read and render him with the Chronicles an Arch-Traytor and tell you that the Doctors in Paris did Debate whether he were damned for his disloyalty Rogerus the Norman avowing Bale Brit. Cent. 2. that he deserved death and damnation for his Contumacy toward the King the Minister of God From him I pass to his Son Richard the First R. 1. who had two Brothers that were Bishops the one of Duresme the other of Lincoln and after Archbishop of York and going to the Holy Land appointed for Governour of the Kingdom William Longchamp Chief Justiciar and Lord Chancellor of England and Papal Legate Fox p. 289. This Vice-Roy Paris Hovedon alii Guil. Nubu lib. 4. c. 14. Hovedon Nub. l. 4. c. 17. Hovedon p. 399. or rather King for so Paris calls him Rex Sacerdos had joyned with him Hugh Bishop of Duresm for the Parts beyond Humber This Kingly Bishop as Authors deliver did use incredible Insolence and intolerable Tyranny and commit a most Sacrilegious and Barbarous Out-rage upon the Person of Jeffery Archbishop of York and natural Brother to King Richard the First for which afterwards being taken in a Curtesans Apparel and Attire velut delicata muliercula he was banished the Realm Now as it was very difficult to turn such Papal Bishops and Regulo's out of Parliament so certainly such Lord Bishops did work there no little Mischief to Regal Power the Subjects Liberties and the Weal publique Certainly this was not the Duty and Office of a Bishop Matth. Paris Hollin in R. 1. surely the Silk and Scarlet Robes of Princes and Justiciars were as undecent for these Bishops as was the Coat of Iron of the Bishop of Beavois taken Prisoner by this King which he sent to the Pope with a Vide an tunica filii tui sit an non to which he made Answer That he was not his Son nor the Son of the Church For he had put off the peaceable Prelate and put on the Warlike Souldier took a Shield instead of a Cope a Sword for a Stole a Curace for an Albe a Helmet for a Mitre a Lance for a Bishops Staff perverting the Order and Course of things Thus we see that a Bishop must destroy Mens Lives either as a Justiciar in Court or as a Souldier in Camp Qui si non aliquem nocuisset mortuus est they would do any thing but what they ought to do Feed the Flock they desire rather to Sit in Parliament then stand in a Pulpit accounting Preaching according to Bishop Juell so far below their greatness as indeed it is above their goodness We neither deny or reject Episcopacy or Church Government it self but the Corruptions thereof and we say that the Bishops who stiffly maintained those Corruptions have inforced this our distaste When Jacob was forced to depart from Laban for ill usage I conceive that the breach was in Laban not in Jacob. So also those that did forsake Babylon God commanding to depart from it lest they should be partakers of their punishment as they were guilty of their Crimes did not occasion the schism or breach but the sins of Babylon And we confess that true it is that we refuse and forsake the present Church Government but no further then it hath forsaken Pure and Primitive Institution therefore let none say that we are desirous of Innovation for I think we may boldly with the forenamed Reverend Bishop Juell affirm Nos non sumus novatores From King Richard the First I come to King John King John an Usurper likewise who was advanced to the Regal Throne by Archbishop Hubert and the Prelates * Observe this That even in this Mans opinion England is no Elective Monarchy Matth. Paris Hist Major This lewd Bishop unjustly declaring this and all other Kingdomes to be Elective and that no man hath Right or fore Title to succeed another in a Kingdom but must be by the Body of the Kingdom thereunto Chosen with Invocation of Grace and Guidance of Gods Holy Spirit alledging further and that most plainly by example of David and Saul That whosoever in a Kingdom Excelled all in Valour and Virtue ought to surmount all in Rule and Authority and therefore they had all unanimously Elected John first imploring the Holy Ghosts Assistance as well in regard of his merits as Royal Blood And thus the Bishops blanch their disloyal assertion with Sacred Writ and their Lewd devised Plot with the Holy Ghosts Assistance Hereby they rejected the just Title and Hereditary Succession of Arthur his Elder Brother's Son And as he did this disherison unjustly and disloyally so did he this Election lewdly and fraudulently as himself after confessed when being demanded the Reason of his so doing he replyed That as John by Election got the Crown so by Ejection upon demerit he might lose the same which after he did endeavour to his utmost and at last effected by depriving him of Life and Kingdome Let me not be misconceived Matth. Paris R. Hovedon Girald Cam. who called him Principio fraenum I know Hubert died 8 or 10 years before him but what he did begin and forward was furthered and pursued by Stephen Langton and other Bishops and Prelates too long to rehearse His other Brother being Archbishop of York a strange Example saith Malmsbury to have a King ruled by two Brethren of so turbulent humours Many of their Treasonable Acts and
Disloyalties I will omit and passing by as well particular Bishops and Prelates as Stephen Arch-Deacon of Norwich and others as also of them in general I will only relate one villanous passage of Trayterous Disloyalty whereof as good Authors deliver the Archbishops and Prelates were principal Abettors and Conspirers The King being at Oxford the Bishops and Barons came thither with armed Multitudes without number and forced him to yield that the Government should be swayed by 25 Selected Peers Paris Thus one of the greatest Soveraigns was but the Six and twentieth petty King in his own Dominions c. To him Succeeded his Son K. H. 3. who being at Clerkenwel in the House of the Prior of Saint John's was told by him no less sawcily than disloyally if I may not say traiterously That he should be no longer King than he did Right to the Prelates Whereto he answered What do you mean to deprive me of my Kingdom and afterward Murther me as you did my Father And indeed they performed little less as shall hereafter appear But now to take the particular passages in order In this King's Reign Stephen then Archbishop of Canterbury as we read was the Ring-Leader of Disorders both in Church and State and no better was Peter Bishop of Winchester But not to speak of them in particular but of them all in general and that in Parliament at Oxford saith Matth. Paris and Matth. Westm came the Seditious Earls and Barons with whom the Bishops Pontifices ne dicam Pharisei those were his words had taken Counsel against the King the Lord 's Anointed who sternly propounded to the King sundry traiteterous Articles to which they required his Assent but not to reckon all the Points you shall hear what the same Authors deliver of their Intent I will repeat the words as I find them These turbulent Nobles saith M. West had yet a further Plot than all this which was first hatched by the Disloyal Bishops which was That four and twenty Persons should there be Chosen to have the whole Administration of the King and State and yearly appointment of all great Officers reserving only to the King the highest Place at Meetings Primus Accubitus in Coenis and Salutations of Honour in Publick Places To which they forced him and his Son Prince Edward to Swear for fear as mine Author saith of Perpetual Imprisonment if not worse for the Traiterous Lords had by an Edict threatned Death to all that resisted And the Perfidious and wicked Archbishop and Bishops Cursing all that should rebel against it Which impudent and Traiterous Disloyalty saith Matth. Paris and Matth. Westm the Monks did detest asking With what fore-heads the Priests durst thus impair the Kingly Majesty expresly against their sworn Fidelity to him Here we see the Monks more Loyal and Honest than the Lord Bishops we have Cashiered the poor Monks and are we afraid of the Bishops Lordliness that they must continue and sit in Parliament to the Prejudice of the King and People And so we may observe That this * This which he accounts Treason in the Bishops was no more than this Man and his fellow-Members would have imposed upon the King in the 19 Propositions Traiterous Bishop did make this King as the former had done his Father meerly Titular From him I pass to his Son Edward the First In his Reign Boniface was Archbishop of Canterbury and Brother to the Queen what he and the rest of the Prelates did in prejudice to the Regal Authority and Weal Publick I will pass over the rather for that they declare themselves in his Son's Reign so wicked and disloyal that no Age can Parallel of which thus in brief Doth not Thomas de la More call the Bishop of Hereford Arch-Plotter of Treason Omnis mali Architectum and not to speak of his contriving the Death of the late Chancellor and other particular Villanies he is Branded together with Winchester then Chancellor and Norwich Lord Treasurer to occasion the dethroning of this Prince Nay after long Imprisonment his very Life taken away by Bishop Thorlton's Aenigmatical Verse though he after denied it Edwardum Occidere nolite timere bonum est But this Adam de Orleton alias Torleton and his fellow Bishops in this King's Reign I may not slightly pass over Therefore I desire we may take a further view of them First of this Adam Bishop of Hereford we find that he was stript of all his Temporalties for supporting the Mortimers in the Barons Quarrel He being saith Thomas de la More a Man of most subtil Wit and in all wordly Policies profound daring to do great Things and Factious withal who made against King Edward the Second a great secret Party To which Henry Burwash Bishop of Lincoln for like Causes deprived of his Temporalties joyned himself as also Ely and others Walter Stapleton Bishop of Exeter a Turn-Coat left the Queen and came to England to inform the King of his Queens too great familiarity with Mortimer which afterward cost him his Head Perhaps some now as Thomas de la More will say he was therein a good Man yet I will take leave to think not do I fear to speak it This was no part of Episcopal Function But I will pass him by not concluding him either good or bad every Man may think as he pleaseth I will declare the Traiterous and Disloyal Actions of the other Bishop formerly mentioned This Bishop of Hereford whom I find called the Queens bosom Councellor Preaching at Oxford took for the Text My Head my Head aketh 2 Kings 4.19 concluding more like a Butcher than a Divine that an Aking and Sick Head of a Kingdom was of necessity to be taken off and not to be tampered with by any other Physick whereby it is probable that he was the Author of that Aenigmatical Verse formerly recited Edwardum occidere c. And well may we believe it for we find that he caused Roger Baldock Bishop of Norwich the late Lord Chancellor to die miserably in Newgate Not much better were Ely Lincoln Winchester and other Bishops that adhered to the Queen Mortimer and others of her part Nor can I commend those Bishops that were for the King and the Spencers The Archbishop of Canterbury and his Suffragans decreeing the Revocation of those Pestilent Peers the Judgment given against them judged as Erronious Thus these Lord Bishops as all in a manner both before and after instead of Feeding the Flock of Christ only Plotted dismal Wars Death and Destruction of Christians I might tell you how in this King's Reign as in others * Certainly this was made a President for such were the Pretences and Practises of this Man and his Associates they perswaded the Lords and Peers of the Realm that they had Power and Right not only to reform the King's House and Council and to place and displace all great Officers at their Pleasure but even a joynt Interest in
said That thereby he gave them leave to put Royal Manacles upon Majestie and an opportunity after having bound him to despoil him of his Crown and Life But besides if there were any weight in this Reason it must always have had the same force and strength against Ecclesiasticks in any Age or Under any Government intermedling in Secular and Civil Affairs since it could not but be as much a hinderance to those of former Ages in the Exercise of their Ministerial Function as to these But the constant Usage of all Ages Places Times and Nations both Barbarous and Civil Pagan Jew and Christian manifest that the Universal Wisdom of Mankind has been of a Contrary Opinion Religious Persons having ever had an Extraordinary Deference paid them and having always been accounted Worthy for their Abilities Wisdome Learning and Integrity to be admitted into the Councils of Princes and having constantly had a great share and interest both in the framing Laws and managing the Civil Polities and Governments of Nations And more particularly the Sacred History gives us a clear account that in the Government of the Jewish Nation formed by God himself the chief Priest was not only the Supreme Governor of that People as well in things Sacred as Civil but the inferior Priests under him were the Judges of Temporal as well as Ecclesiastical matters brought before them and the same Objection lying as naturally and forceably against them as against these cannot Excuse these Objectors from affronting the Wisdom of the Divine Legislator who Expresly Ordered it to be so and truly it is but in other Words the Objection of Corah and his Accomplices against Moses and Aaron Ye take too much upon you ye Sons of Levi. To the Second which is the Solemn promise they who Enter into Holy Orders make That they will give themselves wholly to that Vocation The clear sense of that is That they will principally apply themselves to the Duties of their Calling and not to any Secular Imployments as Husbandry Merchandizing or other Mechanical Callings so as to hinder the performance of their Duty in the Offices of their Function which as before I have shewed the Bishops by Sitting and Voting in Parliament cannot be said to do And to make this Evident I will give a clear instance in the inferior Clergy for suppose any one of them by his frugal Parsimony hath got a Sum of Mony he may lawfully bargain purchase take and keep a Temporal Estate for the future subsistence of his Family he may lawfully Lett Sett Build Lease Receive Rents for such Estate or any one descending to him by Inheritance and manage it to his best advantage without the least danger of violating or intrenching upon this promise made at his Ordination and yet all these are Secular Affairs which he may do without prejudice to his ingagement so long as still he makes the Vocation which he undertook at his receiving Holy Orders the main scope of his Life and Actions and I think none will deny I am assured no person will be able to prove the contrary but that the Bishops notwithstanding the use of their Peerage yet make the Exercise of their Episcopal Function the main and principal business of their lives And so for the Third That Canons and Councils in several Ages do forbid them to meddle in Secular Affairs It is well known that even those who made those Canons were themselves at the same time Councellors to Princes and particularly that Arch-Bishop who made the Constitutions of Westminster mentioned by Linwood upon which these People were perpetually harping was a Peer who himself sate in Parliament and of the King 's Privy Council from which it is evident that by those Canons there was no design to intrench upon the Peerage of the Bishops but to prevent the inferiour Clergy from neglecting their Duty and entring upon the more gainful and tempting employs of Secular Persons besides that those Canons since the Reformation were not binding either to Bishops or Clergy As to the Fourth Fifth Sixth Seventh Reasons they are rather sly Insinuations and Calumnies then Reasons and such as having no substantial matters in them worth answering I shall therefore pass them over without any further notice then that admitting all for Truth there Objected which yet was most notoriously False yet they are but personal Crimes and therefore in Justice could only reach to those particular Bishops but not to the Function it self or the Successors of those Bishops and if personal failings had been a ground to disable the Members of Parliament from the Right of sitting and voting in that Assembly both for the present and future Succession 't is not impossible to be supposed but that a far greater number would for ever have been excluded out of the Commons House then these 26 Bishops out of the House of Peers And for the Eighth which is partly made up of Calumny and partly of the Example of Scotland in abolishing Episcopacy it is certainly the worst way of Reasoning in the World to argue a facto ad jus And the way of Tumults Treason and actual levying War against their undoubted Lawful Sovereign by which they got Episcopacy abolished were such methods as certainly no sober Christians can think justifiable either before God or Man and therefore no perswasive Reasons in their own Nature to do the same in England The Ninth and Last Reason is of the same Leaven with the former as if the promotion of those Reverend Prelates to those high Offices and Honours must of necessity blow them up with the vain Tumor of Pride The truth is the Covetousness of some of the Laity who greedily longed to devour the Revenue of the Church and the Pride and Envy of the Factious Presbyterian and other dissenting Ministers and not the Exaltation of the Bishops were the true Reasons of their discontent and of all the disquiets and great disorders which ensued this troublesome and restless Temper of the Non-conforming Ministers and of all the dreadful Revolutions which happened in these miserable Kingdoms to the utter Ruine and Overthrow both of Church and State and to the Eternal infamy of these Pretenders to Reformation and the True Protestant Religion That which seems to have the most force and weight and is therefore reserved to the last is taking away the Votes of the Abbots in the time of King Henry the Eighth upon the Dissolution of those Religious Houses To which notwithstanding the great strength it seems to have that for the same Reason the Bishops might also be removed from the Peerage of England it is easily answered That though some Abbots were Barons in Parliament and part of the Lords Spiritual yet the taking away their Voees did no more destroy the third Estate in Parliament then the Attainders of divers of the Nobility and Temporal Lords and thereby taking away their Votes did abolish the whole Order of the Peerage another of the Three Estates
Repairing the High-ways Bridges and Twenty Pounds yearly to the Poor as is aforesaid But over and besides the said yearly Revenues before mentioned the said Dean and Chapter of Gloucester although but of the last Foundation and one of the least Revenues in this Kingdom yet they have Eighteen goodly Mannors and also divers other Lands Tenements and Heriditaments besides the Mannors Houses and Premises the old Rent of Assize of one of the said Mannors being 80 Pound per annum out of which Mannors and Lands the said Cathedral being to be made a Parochial Church 200 Pound per annum or more may be allowed for a Learned Preaching Minister there and a Hundred Pound a year apiece for two such others to assist him which in few years one of the said Mannors will discharge and also sufficiently Repair the said Cathedral Church and then the rest of the said Mannors and Lands may be employed to other Godly Pious or Charitable uses as the Wisdom of the King and Parliament shall think fit and suitable to this but in a more ample proportion of maintenance will be the allowances of all other Deanaries in England Again this I conceive will answer another Objection raised by a Worthy Knight at the Bar touching the Poverty of the Clergy of England if this Bill should take effect surely my Opinion is quite contrary and to that purpose I call to mind the saying of a Learned Divine Chaplain to a Nobleman upon some Conference with him of our wished desire to remove Scandalous Ministers and to reduce the Impropriations of Bishops and Deans and Chapters to a Preaching Ministry if these things said he take effect the Universities will not be able to supply the Churches and surely Sir if these things take effect I am confident we shall be so far from having a Poor beggerly Clergy as that no Kingdom in the Christian World will have a more Rich and Flourishing Clergy both for Nurseries and Incouragements of Learning and for their maintenance in more plentiful manner then it is at this present Please you therefore to put the Question I am ready to give my aid thereunto Whereupon it was Debated and strongly Urged by the Faction That there should from henceforth be no more Deans and Chapiters Chancellors or Commissaries Arch-Deacons Deans Prebendaries Chanters Canons or Petty Canons or any other their Officers within this Church or Kingdom and that all Lands and Revenues belonging to them should be taken away and disposed of to the advancement of Learning and Piety and that such of them as have no other subsistence but those Places and not Delinquents should have a Competent allowance for the term of their Lives Thus did they cover their Covetous Designs of Devouring the Church Revenues with the specious pretences of advancing Learning and Piety But the Event proved their Hypocrisie for when they had taken these Lands from the Legal Possessors of them Piety and Learning found so little a share of the Booty that even their own Hirelings of the Presbytery who had assisted them with their mercenary Lungs to Rob the Church were so far from getting any thing by it that with much to do they Escaped having their own Skins their Tithes and Glebe pulled over their Ears making good the Apologue of the Lion and his Fellow Huntsmen by their Folly and Indiscretion not to call it Rapine and Sacriledg The House of Commons was this Day wholly taken up with the further Examination of Col. Goring about the matter of the Army Wednesday June 16. Upon reading of a Petition of the Inhabitants of St. Saviours Southwark complaining against William Sonyter William Shepheard The Lords Order about those who committed the disorders at St. Saviours and St. Olavis Southwark Toby Gratwick Hugh Barcock George Ewer George Pitcher Thomas Loe c. for their pressing into the Church of the said Parish and violent breaking and pulling down the Railes about the Communion Table in an Insolent and Tumultuous manner the Parties complained of were brought to the Barr and their Council were admitted to speak for them and after a full hearing of both Parties and several Witnesses Examined on either side it did appear unto the House that the said Parties were guilty of the said Complaints laid against them in the Petition Thereupon it is Ordered That new Railes shall be forthwith set up by the appointment of the Churchwardens of the said Parish about the Communion Table in the same manner as they have been for the space of Fifty Years last past but not as they were for four or five Years last past and this to be done at the Costs and Charges of the abovesaid Delinquents And further That they shall make a Publick Acknowledgment of their faults in the Body of the Church upon a Sabbath Day when the Congregation shall be present And lastly That they shall stand Committed to the Fleet during the Pleasure of this House Also upon reading of the Petition of the Minister and the Inhabitants of St. Olaves Parish in Southwark against Robert Wainman George Bonace Hugh Evans and John Moor for making and causing to be made a great Tumult and Disorder in the Church of the said Parish in the time of the Administration of the Blessed Sacrament and for the hinderance of the performing of the same and for the great abuse of the Minister that administred the same and for using irreverent speeches when the said Duty was performing the Parties aforesaid were brought to the Barr and admitted to speak for themselves and after a full hearing of both sides and Witnesses Examined it appeared to the House that the said Parties complained of were guilty of the Complaints laid against them Whereupon the House did think fit and Ordered That the said Robert Wainman and George Bonace for their said Offences shall stand committed unto the Prison of the Kings-Bench forthwith and there to continue for the space of Six Months without Bail or Mainprize And that they shall stand upon a High Stool in Cheapside and Southwark for two hours together upon two Market-Dayes and acknowledg their Faults publiquely And lastly That they shall pay 20 l. Fine to his Majesty and to be bound to their good Behaviour And it is further Ordered That the said Hugh Evans and John Moor shall forthwith stand Committed to the Kings-Bench until they find Sureties to answer at the next Assizes to be kept for the County of Surrey their Faults and Offences in the disturbing and hindering the Administration of the blessed Sacrament who are there to be proceeded against according to Law And that Robert Osbalston Gent. and Richard Cant shall enter into Recognizance before Sir John Lenthall Knight one of his Majesties Justices of the Peace for the County of Surrey to appear at the next Assizes and prosecute against the said Hugh Evans and John Moore for their Offences aforesaid The State of the Accounts of the English and Scottish Armies were brought into
Affection to My People as I desire My People should shew to Me and not only so but likewise in Eschewing all Occasions of Dispute and in seeking to remove Jealousies And for this particular Bill you cannot but know that I do Freely and Frankly give over that Right which My Predecessors have ever Esteemed their own though I confess disputed yet so as it was never Yielded by any of them Therefore you must understand this as a mark of My Confidence in you thus to put My Self wholly upon the Love and Affections of My People for My Subsistence and therefore I hope in the perfecting of this you have begun you will go on the more Cheerfully And as for those Rumors which have bred Suspitions concerning the Army though I have heard some loose Discourses touching it which I never understood otherwise than as having Relation to the Scottish Army or preventing Insurrections yet they were so slight of themselves that they vanished by their own lightness within few dayes after they were born And therefore having shewed you my Clearness in this I will leave you with the Assurance That I never had other Design but to win the Affections of my People by the Justice of my Government With this flattering Eloquence did they endeavour to impose upon the gracious Inclinations of his Majesty who did in all things apply himself to oblige them representing themselves as most tenderly concerned for the Support of his Royal Crown and Dignity by this small Supply which was in reality nothing more than raising mony by his Royal Authority towards defraying a Debt which they had drawn upon the Nation by the burdensome maintenance of the Army of their Brethren of Scotland Dr. Leighton another such Turbulent Presbyterian as Prin Wednesday June 23. Dr. Leighton inlarged from his Imprisonment in the Fleet. A Bill for punishing Scandalous Ministers read the first time Burton and Bastwick who for his affronting the Government was committed Prisoner to the Fleet was this day by order of the House of Commons inlarged from his Imprisonment A Bill was this Day read the first time for the punishing of Scandalous Ministers By which as it afterwards appeared they intended the Loyal and Orthodox Clergy for indeed to stand up for the Established Government of the Church to defend the Liturgy to maintain the Royal Prerogative or to speak any thing against the violent proceedings of the Parliament for Extirpation of Episcopacy were the greatest Crimes and Scandals in the World against which neither Learning nor Priety were the least Defence A Bill for taking away the Court of Requests read the first time A Bill was also read the first time for suppressing and abolishing the Court called the Court of Requests The King had now upon the pressing importunities of the Scottish Commissioners and in hopes by his presence there at the Parliament to Compose the Affairs of that Kingdom resolved upon a journey into Scotland This sudden turn put the Faction in England to a strange perplexity They were very jealous and fearful lest the King coming to a perfect accommodation with his Subjects of Scotland they might be defeated of the hopes of that Brotherly assistance which they expected from them and which they had purchased at so dear a Rate and that the want of their help might prove a mighty obstacle to the intended progress of their Reformation of the Church and State in England But Mr. Pym who never wanted a Letter of dangerous Consequence though of his own Contrivance to help them out at a dead lift Thursday June 24. Clerk of the Markets Bill passed the Commons Bill for punishment of Scandalous Ministers read a second time Bill to prevent vexatious sults for Knighthood read a second time produced one in the House which being read he moved that a Conference should be desired with the Lords concerning the King's going into Scotland The Bill for the regulating the Clerks of the Markets being read a third time was also this day passed the House of Commons Also the Bill for punishing Scandalous Ministers was read a second time A Bill for the preventing vexatious Suits for Knighthood had also this day a second Reading Then several heads for a Conference with the Lords and several Propositions to the King before he go into Scotland were read The Cessation was also prolonged for a fortnight longer if the Treaty shall so long continue It was Ordered Cessation prolonged Father Philips the Queens Confessor sent for about a Letter intercepted going to Mr. Montague in France That Father Phillips should be sent for to attend the Committee in the Asternoon about a Letter from one Father Philips to Mr. Mountague in France The Messenger coming to White-hall and finding him acquainted him therewith Philips told him He would only go in again and eat something and go along with him But he immediately went and acquainted the Queen with his sending for by the Commons after some stay he returned and told the Messenger That he had been with the Queen who had commanded him not to go till she had spoken with the King and that he would obey her Command before that of the House of Commons Which Message being related to the House it was Ordered That a Warrant should be sent to apprehend him and bring him before the House as a Delinquent A Warrant was also directed to the Serjeant at Arms to bring the Pope's Nuncio before the House but he was not to be found The Bishop of Lincoln Reports the Conference about the Ten Propositions had this morning with the House of Commons The 10 Propositions of the Commons to be presented to the King before he goes into Scotland June 24 1641 which was delivered by Mr. Pym who spake as followeth He told your Lordships that he was Commanded by the House of Commons to present unto your Lordships their continued Care and Endeavour for the good of the Kingdom that as your affections are Vnited with them in one great End to serve God the King and the Commonwealth so your Counsels might likewise jointly Co-operate thereunto There is but one End and one Foundation of all these Affections and Counsels howbeit they spread themselves to many and several Branches for they are so Vnited and Interweaved Duties which we owe to our God our King and our Common-wealth that we cannot duely and truely serve God but thereby we serve our King nor serve God and our King as we ought without our Service to the Common-wealth And as a way to this Common and General End he was to make unto your Lordships several Propositions Because they had lately found out very Malignant and Pestiferous Designs set on foot or plotted to trouble the Peace of the Kingdom The which though they were prevented yet were still pursued which is the Reason why the House of Commons do present your Lordships with these several Propositions in Ten several Heads which have their Branches
Sir John Culpeper Message about the payment of the Scots the arrear of the Brotherly Assistance to acquaint their Lordships with Three Votes made in their House concerning the Scots Two Voted the 19th of this Instant June and the other made this Day and desired their Lordships to take them into Consideration and Confirm them The Votes were these Resolved That one Moiety of the Brotherly Assistance that is in Arrear shall be paid at Midsummer come 12 Month and the other Moiety at Midsummer come 2 Years Resolved c. That an Act of Parliament of Publique Faith shall pass for Security to be given for the Brotherly Assistance that is in Arrear Die Veneris 25. Junii 1641. Resolved c. That the House of Commons doth declare That the Sums of Money Arrear for the Brotherly Assistance to be comprised in the Act of Parliament is 220000 l. Then it was Resolved upon the Question by the Major part of the Lords That this House doth approve of these Votes of the House of Commons Memorand That this Vote doth not Engage this House in any Moneys but to strengthen the Votes of the House of Commons thereby to prepare an Act of Parliament for the Publique Faith An Officer being sent with a Warrant to apprehend Father Phillips and Waiting for him at Whitehall Complaint was made to the King about it And the Lord Chamberlain by the King's Command sent for the Officer to Examine him by what Authority he came into the Verge of the Court to attach any person who shewing him his Warrant desired he would trust him with it to shew it to the King Which the Officer did and the Lord Chamberlain soon after returning gave this Answer That his Majesty would Satisfie the House about it if Phillips did not appear Thus did these men who made such Outcries against the least infringement of their Priviledges make no scruple to invade the Undoubted Priviledge of his Majesty and his Royal Court. However Phillips did appear in the Afternoon before the Committee where he was Examined about this Ensuing Letter as I find it in the Book of Speeches Copy of Father Phillips his Letter to Mr. Mountague in France THe good King and Queen are left very naked the Puritans if they durst would pull the good Queen in pieces Can the good King of France suffer a Daughter of France his Sister and her Children to be thus affronted Can the Wise Cardinal endure England and Scotland to unite and not be able to discern in the end it is like they will joyn together and turn head against France A stirring active Ambassador might do good Service here I have sent you a Copy of the King's Speech on Saturday last at which time he discharged his conscience and was advised to make that Speech by the Earl of Bristol and the Lord Sey but I believe there is a mistake in the Writing and that it should have been the Lord Savyll This Speech did much operate to the disadvantage of the Earl of Strafford for the Commons were much thereby incensed and inflamed against him and this brought forth the next day being Monday a Protestation which was taken in both Houses of Parliament of the same nature but rather worse then the Scottish Covenant The Londoners who were very boysterous came upon Munday 5 or 6000 and were so rude that they would not suffer the Lords to come and go quietly and peaceably to their Houses but threatned them that if they had not Justice and if they not his Life it should go hard for all those that stood for him following them up and down and calling for Justice Justice Justice There was in the House of Commons fifty six that denyed to pass the Earl of Strafford 's Bill their Names were taken and they were fixed upon Posts in divers parts of London and there was Written over the Head These are Straffordians the betrayers of their Country By this means it came to pass that the Lords and Judges were much affrighted and the most of his Friends in the Lords House forsook him all the Popish Lords did absent themselves the Lord of Holland and Hartford were absent so was Bristoll and others Savyll and the Duke only stuck close and faithfully to him and some few other Lords God knows the King is much dejected The Lords much affrighted which makes the Citizens and House of Commons shew their Heads some have braved little less then to unthrone His Majesty who if he had but an ordinary Spirit might easily quash and suppress these People Our good Queen is much afflicted and in my Conscience the Puritans if they durst would tear her in pieces this cannot be for the Honour of France to endure a Daughter of that Nation and her Children should be thus oppressed and affronted The Earl of Holland is made General of the Army whither he is gone down The Earl of Newport Master of the Ordnance Belfoard the Lientenant of the Tower hath proved an errand Traytor to the King who commanded him upon his Allegiance to receive a Captain and 1000 men into the Tower which he most Traiterously refused to do one clause is omitted which should have been placed in the middle of the Letter which was to this effect that there was a report in London That the Parliament House was on fire whereupon there were more then 1000 People very suddenly gathered together whereby you may easily perceive the hight and violence of the Peoples affections May 6. Anno Dom. 1641. This Letter was thought to be sent from a Priest calling himself Father Phillips to Mr. Montague There was another Letter and that was sent from one Robert Philips one of the Queens Priests and it is supposed to be to Master Montague to this effect You may expect some company with you ere long Crofts Suckling Piercy Jermyn are gone all things here are in great incertainties Protestation is made and taken by both Houses much like but much worse then the Scottish Covenant I sent you some money by Master Jermyn but now that he is gone I make some doubt whether he might be mindful of you to take it with him I have spoke to the Queen about your occasions and will do what I can though I am not able to undertake much Your Loving Friend Francis Philips There is one Passage in this Letter which makes me apt to suspect it to be a Forgery of some of the Party and that is in the 5th Paragraph where speaking of the Earl of Strafford he saith That most of his Friends in the Lords House forsook him all the POPISH Lords did absent themselves For certainly no Roman Priest would call them Popish but Catholique Lords which is their constant Dialect when they speak of those of their own Sect and a peculiar Honour they arrogate to themselves whereas they disdain the word Popish as generally bestowed upon them in Distinction and Contempt by the Protestants Let it be
as it will Real or Counterfeit it served their Turn made a mighty Noise and furnished them with a fresh Supply of those Fears and Jealousies with which they intoxicated the People and gave them a Rise for the Wheel that was now upon Motion to stop the King 's intended Journey into Scotland of which they were not a little jealous and distrustful A Petition from several Ministers of Wales was Read and referred to the Committee for Scandalous Ministers Welch Petition Thus the Indulgent Mother-Church of England had nursed up Undutiful and Unnatural Children to Rebel against Her a sort of Amphibious Hypocrites who could conform and swear Obedience to her Laws and Government while she was in Prosperity but Petition to pull her down when they saw her Entring into the Red Sea of Persecution they who had Sucked her Breasts and Eat of her Bread now lifting up their Heels against her and her Enemies being those of her own House This Day the House of Lords was adjourned during Pleasure The further Debate of the 10 Propositions in the House of Lords into a Committee to debate the rest of the Ten Heads brought up from the House of Commons And the House proceeded to the Fourth Head concerning the Queens Majesty And it was Ordered That for the present this Head and Branches be laid aside untill the Articles made at the Marriage be seen Then the Fifth Head and the Branches were debated and agreed to The Sixth Head the second Branch agreed to The third Branch Agreed to joyn with the House of Commons to Petition His Majesty to prevent it hereafter and to let the House of Commons know That there is but one English Lady about the Queen that is a Papist and to acquaint them with the quiet Condition of that Lady The 4th Branch agreed to The Fifth Branch concerning Active Papists Agreed to know of the House of Commons Who they mean by Active Papists and how far the Extent is to be The Eighth Head concerning the Security and Peace of the Kingdom the first Branch agreed to the second Branch to be treated of at the Committee The third Branch also left to the Committee The Fourth Branch Ordered That the Earls of Essex and Leicester and the Lord Kymbolton do acquaint the Lord Admiral with it The Ninth Head referred to the Committee and they to call the King's Counsel The Tenth Head agreed to concerning a Select Committee of Lords to joyn with a proportionable number of the House of Commons from time to time to confer about these particular Courses as shall be most Effectual for the Reducing of the Propositions to Effect for the Publique Good And these Lords following were appointed to be Committees for the same Viz. Lord Chamberlain E. Bath E. Essex E. Dorset E. Sarum E. Warwick E. March Their Lordships to meet when they please * Message from the King about Disbanding The Lords that were appointed to Wait on His Majesty returned this Answer That the King will give Order to his Attorney-General to issue forth and publish a Proclamation speedily and hath given Directions for Letters to be written to the Deputy-Lieutenants from the Lord Lieutenants to assist them with Power if occasion shall serve for the quiet Conveying the Soldiers through the several Counties which they pass And lastly That his Majesty is willing the Earls of Holland and Newport do go into the North to their several Charges in the Army at the time prefixed There was a Motion made from the Earl of Holland General of the Army Saturday June 26. who was going down in order to the Disbanding That he might have an Act to impower him to Exercise Martial Law if the Soldiers should prove Mutinous but it was rejected only they Resolved to procure a Proclamation to be sent down for the punishment of the Soldiers if they should be disorderly by the Justices of Peace and that the Justices and other Civil Officers should see the Soldiers orderly Conducted through their respective Counties to the places of their aboad There was also a Message from the Scots Commissioners Message from the Scots Commissioners about the Kings Journey into Scotland to acquaint the House That they were informed that they had Voted against his Majesties going into Scotland as he had graciously promised them which they said might be of great prejudice unto them for that they had sent Proclamations through the Kingdom of Scotland for his Majesties Entertainment within a certain limited time and therefore they desired the House would take it into Consideration Nevertheless they did not desire that his Majesty should go till Matters were well settled here provided it might not be prejudicial unto them by causing some Jealousies among the People there Sir William Savil this Day Petitioned the House Monday June 28. Sir William Savil released from the Tower upon which it was Ordered That he should be discharged from his Imprisonment in the Tower A Committee of 48 appointed to meet 24 Lords at a Conference in the Painted Chamber about the Propositions delivered by Mr. Pym on Thursday last concerning the King's going into Scotland c. In the House of Lords this day the Petition of the Lord Mayor and Aldermen of the City of London The Lord Major and Aldermen of Londons Petition about chusing one of the Sheriffs lately presented to the King was by his Majesty's Command delivered to the House and referred to the determination of the Parliament The effect of the Petition was concerning the sole Election of one of the Sheriffs of London which the Lord Mayor claims to have by prescription of Three Hundred Years to which the Commons of the said City disassented unless it be with their Confirmation and Approbation Hereupon it was Ordered That the Lord Mayor Recorder and some of the Aldermen and some of the Commons of the City of London shall have notice to attend this House to morrow morning at Eight of the Clock at which time their Lordships will hear both sides what they can say in this business A Message was brought from the House of Commons by Mr. Pym Message by Mr. Pym about the Archbishops Charge and Trial. who was commanded to let their Lordships know That formerly they brought up an Impeachment of High Treason against the Arch-Bishop of Canterbury which hath lain asleep ever since but now they intend to proceed and Examine divers Witnesses concerning that business therefore desired their Lordships that a select Committee may be appointed to Examine such Witnesses as the House of Commons shall desire and that to be in the presence of some Members of the House of Commons as they shall appoint and that the Examinations be kept secret as in the Case of the Earl of Strafford and as that they have made an Order in their House to Examine such Members of their House as are requisite so they desire their Lordships will be pleased to provide that such
wonder and your Policy to be admired amongst the Nations After which his Majesty commanded the Clerk of the Parliament to pronounce the Royal Assent which he did in these words viz. Le Roy Remerciant ses bons Subjects accepte leur Benevolence ainsi le veult For the other two Bills his Majesty said Inregard he had not considered of them being Bills of great Consequence he would inform himself concerning the particulars and return an answer within few days After which the Commons with their Speaker returned to their House highly discontented that his Majesty had not passed the other two Bills for they presently after in some disorder adjourned themselves till Monday This day also Commissary Willmot Petitioned the House Commissary Wilmot's Petition rejected that he might have liberty upon Bail to go into the Country for the Recovery of his Health which was very much impaired by reason of his Imprisonment but the House being already in a great Ferment it was in an ill minute for him for whatever they might have done in a better humor his Petition was now utterly rejected The House of Commons met this Morning Monday July 5. but being highly discontented at the King 's delaying to pass the two Bills for abolishing the Court of Star-Chamber and the High-Commission Court they did not fall upon any business but within an hour the Gentleman-Usher of the Black-Rod came to the House to acquaint them that the King was come to the House of Lords and expected their attendance Upon their coming up his Majesty spake as followeth My Lords and Gentlemen I Come to do the Office which I did on Saturday last The King's Speech at Passing the Bills against the Star-Chamber and High-Commission Court July 5. 1641. to give determination to these Two Bills but before I do it I must tell you that I cannot but be very sensible of those reports of discontent that I hear some have taken for not giving my consent on Saturday Methinks it seems strange that any one should think I could pass two Bills of that Importance as these were without taking some fit time to consider of them for it is no less than to alter in a great measure those Fundamental Laws Ecclesiastical and Civil which many of my Predecessors have established c. If you consider what I have done this Parliament discontent will not sit in your hearts for I hope you remember that I have granted That the Judges hereafter shall hold their places quam diu benè se gesserint I have bounded the Forrest not according to My right but according to late Customes I have established the Property of the Subjects as witness the free-giving not taking away the Ship-mony I have established by Act in Parliament the Property of the Subject in Tonnage and Poundage which never was done in any My Predecessors time I have granted a Law for a Triennial Parliament and given way to an Act for the securing of moneys advanced for the disbanding of the Armies I have given free course of Justice against Delinquents I have put the Law in execution against Papists Nay I have given way to every thing that you have asked of me and therefore methinks you should not wonder if in some things I begin to refuse But I hope it shall not hinder your progress in your great Affairs and I will not stick upon trivial matters to give you content I hope you are sensible of these beneficial favours bestowed on you at this time To conclude You know by your consent there is a prefixed time set for my going into Scotland and there is an absolute necessity for it I do not know but that things may so fall out that it may be shortened therefore I hope you will hasten the dispatching of those great businesses that now are necessary to be done and leave trivial and superficial matters to another meeting For my part I shall omit nothing that may give you just contentment and study nothing more then your happiness and therefore I hope you shall see a very good Testimony of it by passing these two Bills Le Roy le veult This being done His Majesty said as followeth I have one word more to speak unto you and take now an occasion to present unto both Houses that thereby I hope all the World shall see that there is a good understanding between me and my people It is concerning my Nephew the Prince Elector Palatine who having desired Me and the King of Denmark to give way to a writing concerning the Dyet at Ratisbone with the Emperor I could not but send my Ambassador to Assist him though I am afraid I shall not have so good an answer as I expect which my Nephew fore-seeing hath desired me for the better countenancing of the same to make a Manifesto in my Name which is a thing of great Consequence And if I should do it alone without the advice of my Parliament it would rather be a scorn then otherwise Therefore I do propose it unto you that if you will advise me to it I do think it were very fit to be published in my name Mr. Rossetti the Popes Nuncio leaves England Treasurer after the House was returned acquaints them that Rossetti the Pope's Nuncio had left England WHereas William Shepherd now a Prisoner in the Fleet by the Sentence of this House Shepherd one of the Rioters at St. Saviours Southwark released for pressing in with others into the Church of St. Saviour's Southwark and violently breaking and pulling down of the Rails about the Communion Table which Sentence he the said William Shepherd acknowledging to be just and honourable It is Ordered That the said William Shepherd shall be released from his said Imprisonment for this Offence and set at Liberty In compliance with his Majesties Speech the House of Commons took the Prince Elector's condition into consideration the Manifesto was read and a Debate had upon it at which Sir Benjamin Rudyard made this Speech Mr. Speaker THis great Affair of the Palatinate concerneth this Kingdom in Nature Sir Benjamin Rudiard's Speech concerning the Palatinate in Honour in Reason of State in Religion We all know how near in Blood the Prince Elector is to his Majesty Many of us here know what solemn Protestations have been made in this place for the Recovery of the Palatinate by which we are bound in Honour to pursue it with our best Assistance God hath so framed the powers of Man and so ordered the course of things in this World as that in all Actions Right Reason and true Religion may well hold and go together If we consider Religion according to Reason of State we shall find that Christendom divides it self into two sides with the Pope against the Pope His Majesty is the greatest King of the Religion and therefore fittest to be the Head of that Party which will add a greater greatness to him then can be gotten any
the Question Whether Corn was such Victuals as was intended to have the price rated within the said Statute In Answer to which Demand the said Sir Robert Berkley then being one of his Majesties Justices of the Court of Kings-Bench in furtherance of the said unlawful Charge endeavoured to be imposed as aforesaid the Thirtieth day of November in the Eighth Year of his now Majesties Reign did deliver his Opinion That Corn was such Victual as was intended to have the Price rated within the said Statute Which said Opinion was contrary to Law and to the plain Sense and Meaning of the said Statute and contrary to his own Knowledg and was given and delivered by him with a purpose and intention that the said unlawful charge might be imposed upon the Subject 3. That an Information being preferred in the Court of Star-Chamber by the said William Noy his Majesties then Attorney-General against John Overman and Fifteen other Soap-makers Defendants charging them with several pretended Offences contrary to divers Letters Patents and Proclamations touching the Making and Uttering Soap and using the Trade of Soap-makers and other Offences in the said Information mentioned Whereunto the Defendants did plead and Demur as to part and answer to other part of the said Information And the said Plea and Demurrer being over-ruled for that the Particulars therein insisted upon would appear more fully after answer and proof therefore the Defendants were ordered to Answer without Prejudice and were to be admitted to such Exceptions to the said information and Advantages of the matter of the Plea and Demurrer upon the hearing as shall be material and accordingly the Defendants did put in their Answers and set forth several Acts of Parliament Letter-Patents Charters Customs and Act of Common-Councel of the City of London and other Matters materially conducing to their Defence and in Conclusion pleaded Not Guilty The said Sir Robert Berkley then being one of the Justices of Court of Kings-Bench upon the 30th day of March in the Eighth Year of his Majesties now Reign upon an Order of Reference to him and others by the said Court of Star-Chamber to consider of the Impertinency of the said Answers did Certifie the said Court of Star-Chamber That the whole Answers excepting the four words and ten last Lines should be expunged leaving thereby no more substance of the said Answers than the Plea of Not Guilty And after upon a Reference to him and others by Order of the said Court of the impertinency of the Interrogatories and Depositions of Witnesses taken on the Defendants part in the same Case the said Sir Robert Berkley upon the second day of May in the Eighth Year of his now Majesties Reign Certified that Nine and thirty of the said Interrogatories and the Depositions upon them taken should be suppressed which Answers except as aforesaid and Depositions although the same did contain the said Defendants most material Defence Yet were expunged and suppressed according to the said Certificates both which said Certificates were contrary to Law and Justice and contrary to his the said Sir Robert Berkley's own knowledg and contrary to the said former Order whereby the Advantages were saved to the Defendants as aforesaid And by reason thereof the said John Overman and the said other fifteen Defendants were sentenced in the said Court of Star-Chamber to be committed Prisoners to the Fleet and disabled from using their Trade of Soap-makers And one of them fined in a Thousand Five hundred Pounds Two of them in a Thousand Pound apiece Four of them in a Thousand Mark apiece which Fines were estreated into the Exchequer without any mitigation And the said Defendants according to the said Sentence were imprisoned and deprived of their Trade and Livelihood tending to the utter ruine of the said Defendants and to the overthrow of free Trade and contrary to the Liberty of Subjects 4. That he the said Sir Robert Berkley then being one of the Justices of the Kings-Bench and having taken an Oath for the due administration of Justice according to the Laws and Statutes of this Realm to His Majesties Liege People on or about the last of December subscribed an Opinion in haec verba I am of Opinion that as where the Benefit doth more particularly redound to the good of the Ports of Maritime Parts as in case of Piracy or Dep redations upon the Seas there the charge hath been and may be lawfully imposed upon them according to Presidents of former Times so where the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger of which His Majesty is the only Judge there the charge of the Defence ought to be borne by all the Realm in general This I hold agreeable both to Law and Reason 5. That he the said Sir Robert Berkley then being one of the Justices of our Court of Kings-Bench and duly sworn as aforesaid In February 1636. subscribed an extrajudicial Opinion in Answer to Questions in a Letter from His Majesty in haec verba Charles R. WHen the Good and Safety of the Kingdom in general is Concerned and the whole Kingdom in Danger Whether may not the King by Writ under the Great Seal of England Command all the Subjects of this Kingdom at their Charge to provide and furnish such Number of Ships with Men Victuals and Munition and for such time as he shall think fit for the Defence and Safeguard of the Kingdom from such Danger and Peril And by Law compel the doing thereof in case of refusal or refractoriness And whether in such case is not the King the Sole Judge both of the Danger and when and how the same is to be prevented and avoided May it please your Most Excellent Majesty We have according to your Majesties Command severally every Man by himself and all of us together taken into serious consideration the Case and Question signed by your Majesty and inclosed in your Royal Letter And we are of Opinion that when the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger your Majesty may by Writ under the Great Seal of England command all your Subjects of this your Kingdom at their charge to provide and furnish such number of Ships with Men Victual and Munition and for such time as your Majesty shall think fit for the Defence and Safeguard of the Kingdom from such Danger and Peril And that by Law your Majesty may compel the doing thereof in case of Refusal or refractoriness And we are also of Opinion that in such Case your Majesty is the sole Judge both of the danger and when and how the same is to be prevented and avoyded John Brampston John Finch Humphrey Davenport John Denham Richard Hutton William Joanes George Crook Thomas Trevor George Vernon Robert Barkley Francis Crawley Richard Weston 6. That he the said Sir Robert Berkley then being one of the Justices of the Court of Kings-Bench and duly sworn as
of the Palatinate by whose only means he had suffered the same to be lost to the Emperor and that therefore he should presently press that King either to give a full and direct Answer under his Hand and Seal for the Restitution thereof or else to joyn his Armes with his Majesty against the Emperor for the Recovery of the same But this matter as it further appears by the Original Journal-Books of the Lords House being either not throughly pressed or notably dissembled so many delays ensued one upon the neck of another as in the Issue it drew his Royal Majesty then Prince of Wales to undertake that dangerous and remote Journey unto that Nation which hath been the long and hereditary Enemy of England This Journey was chiefly undertaken by so great a Prince to add an end one way or other to that unfortunate Treaty and his stay in Spain did causally proceed from his earnest desire to have effected a peaceable Restitution of the Palatinate and therefore I doubt not but he shall now live to verifie that Excellent and Heroick Expression which he made to the Conde de Oilvarez a little before his coming out of that Kingdom Look for neither Marriage nor Friendship without the Restitution of the Palatinate And I assure my self That the Force and Power of Great Britain which was lately by subtil and wicked Instruments divided against it self being now united in One again will be able to Effect such Great and Considerable Actions as shall render his Majesties Name and Reign Glorious to all Posterity The Two Houses of Parliament at that time received the before-mentioned Declaration with so much resentment as having rendred Glory to God that had so seasonably discovered the Spanish Frauds and next their humble acknowledgments to their then Gracious Soveraign for requiring their Counsels in a business of so great Importance they did unanimously advise him to break off the said two Treaties touching the Marriage and the Restitution of the Palatinate ingaging no Less than their Persons and Purses for the Recovery of the then Prince Elector's Ancient and Hereditary Dominions It appears also in the Original Journal-Book of this House De Anno 1. Caroli That this great Business was again taken into Consideration but was finally intombed with other Matters of great Moment by the fatal and abortive Dissolution of that Parliament If therefore this Great Council of the Kingdom did in those two former Parliaments account the Restitution of this Illustrious and Princely Family to be of such great necessity for the preserving of True Religion abroad and securing our selves at home as to ingage themselves for an Assistance therein Certainly we may upon much better grounds undertake the same now when I assure my self we may go as far with a Thousand pounds for the present as we could have done with Ten thousand at that time for let us but take a short View of the Estate of Christendom what it was then and what it is now and we shall easily perceive a great Alteration in the ballance thereof In France where Monsieur de Luynes did then rule all being himself acted by the Pope's Legate that King Contrary to the Examples of Francis the First Henry the Second and of Henry the Great his own Father and Contrary to the Maximes and Interest of that State and his own Safety advanced the Formidable Power and Spreading Greatness of the House of Austria but now the same French King's Eyes have been so opened that shaking off that former unhappy Slumber he was in he hath by his Arms and Power to his immortal Honour and Glory for divers years last past endeavoured to restore again that Liberty to the German Empire in the Ruin of which himself had so fatally before Concurred The Swedes were then involved in several Wars or Jealousies with the Pole and inforced to keep at home to defend their own but now have a strong Army and possess divers Pieces of Important Consequence within the very Bowels of the Empire The Episcopal Electors with the other Pontifician Princes and Prelates the sworn Enemies of the Protestant Religion were then Rich and Potent but since most of their Countries and Territories have tasted of the same Calamities of War which they had formerly brought upon their Neighbours so as now they are most of them scarce able to defend their own much less to offend any other The Pseudo-Lutheran Elector of Saxony that is Causally guilty more than any other single person Living of all those Calamities and Slaughters which have for so many Years wasted Germany and was then so Liberal of his Treasure and so forward with his Arms to ancillate to the Emperor's Designs to the almost utter Subversion of the True Religion in Germany is now after the reiterated temeration of his Faith and Promises the Fatal Survivor of the several Devastations of his own Country and Dominions so as all those vast difficulties and great dangers which might well have retarded the forwardness of those two former Parliaments the first being held in the 22d Year of his Majesty's Royal Father and the Later in his Own first Year being now removed we have greater Encouragements than ever to Concur with our Sacred Soveraign in the Asserting of this his most Just and Princely Manifesto For mine own part I expect no good Issue of the present Treaty at Ratisbonne I know the Duke of Bavaria's Ambition too well ever to imagine that he will part with those Large Revenues and much less with the Septem-Viral Dignity and Suffrage he hath obtained by the Prince Elector's Calamity and Misfortune unless it be Extorted from him by force of Arms. My humble Advice therefore is That we send up to the Lords to desire a speedy Conference with them in which we may acquaint their Lordships how far we have proceeded in our Approbation of his Majesties most Royal Manifesto and to move them to Concur with us therein After a long Debate the House came to this Resolution Resolved c. That this House doth Approve of his Majesties Pious Intention in the behalf of his Royal Sister the Queen of Bohemia Vote about the Manifesto and his Nephew the Prince Elector Palatine and the rest of the Princes of that Family and of the Publishing the Manifesto to that purpose and this House will be ready to give his Majesty such Advice and Assistance therein by Parliament as shall stand with the Honour of His Majesty and the Interest and Affection of this Kingdom if the present Treaty shall not succeed But these were only Words and they were so far from giving his Majesty or the Electoral Family any Assistances that having Encouraged the King of England to put out this Manifesto and then failing him of all Assistances to make it good they rendred Themselves the English Nation and the King himself Cheap in the Esteem of Forreign Nations however Mr. Pym was Ordered to go up to the Lords to desire a
bind us to it Wherefore Master Whitlock my humble Motion is That we may draw up a short and round Manifesto to wait upon and affirm the Kings Declaration to be still managed by Advice of Parliament which will be safe for our selves more powerful and effectual for the Prince Elector I cannot tell what the present Age thought of it and account it one of the greatest blessings of Heaven that I was not then capable of thinking but certainly Posterity will see by this Speech a most notorious and manifest Collusion in these People who notwithstanding all the glorious pretences and zeal for this deplorable Family in which the Honour and Interest of the King and Nation were by their own Confession so deeply concerned yet never intended any more assistance to this distressed Protestant Prince then a few good and great words which was a cheap way and still reserving to themselves a starting hole to assist the King in this Affair only so long as he would follow their advice Mr. Hide Reports the Results upon the Bill for abolishing Episcopacy whereupon it was Resolved Votes concerning the Bill for abolishing Episcopacy c. That all the Lands Possessions and Rights of the Deans Deans and Chapters shall be committed to the hands of Feoffees to be nominated by this Bill Resolved c. That the Lands and Possessions of the Arch-Bishops and Bishops of England and Wales except Impropriations and Advousons shall by this Bill be given to the King Resolved c. That the Impropriations and Advousons belonging to the Arch-Bishops and Bishops of England and Wales shall be committed to the hands of Feoffees in the same manner as the Lands of Deans and Chapters are appointed to be And because the Prelates and Papists were to be coupled together in the Opinions of these People both in Guilt and Sufferings it was by Vote Reselved Vote against Papists c. That the Committe of 48 propound to the Select Committee of the Lords that no Papist hereafter may have the keeping of any Castle Fort Chase Forrest Park or Walk within England or Wales and that such as are in possession of such Castles c. As aforesaid may be outed thereof according to Law Post Meridiem It was Ordered by the Commons Order about Mr. Randal a Minister formerly ordered to Bedlam That one Mr. Randal a Ministerâ— now in the Goal at Ailesbury in the County of Bucks for words spoken against the Honour of this House who was by a former Order appointed to be removed from thence to Bedlam it is now Ordered that the said Mr. Randal shall be discharged and set at liberty presently upon the sight hereof The further Debate upon Mr. Saturday July 10. Further Votes about the Bill for abolishing Episcopacy Hide 's Report about the Bill for abolishing Episcopacy was this day reassumed whereupon it was Resolved c. That a competent Maintenance shall be allowed out of the Lands and Possessions of the Cathedral Churches for the support of a fit number of Preaching Ministers for the Service of every such Church and a proportionable allowance for the Reparation of the said Churches Resolved c. That such Ecclesiastical Power as shall be Exercised for the Government of the Church shall be transferred by this Act unto the hands of Commissioners to be named by this Act. The further consideration of this matter to be referred till Monday 9 of the Clock Bill for Tonnage and Poundage being passed Mr. Solicitor was ordered to carry it up to the Lords and to move their Lordships that the Royal Assent may be had with as much speed as may be and to move the Lords to expedite the Bill against Pluralities and for disarming Recusants This day Thomas Pain the Attorney Breach of Priviledge giving the Lye to a Peer that gave the ill Language to the Earl of Thannet who charged the said Pain with some Words which were reported to be spoken by him he told the said Earl That it was False and a Lye divers times together which being proved upon Oath it was Ordered That the said Pain be committed to the Custody of the Gentleman-Vsher for the present and this House will take the misdemeanor into further consideration Report of the Conference about the Ten Heads The Earl of Bristol reported the effect of the last meeting with the Select Committee of both Houses concerning the 10 Heads and delivered some Queries and Propositions which the House of Commons made viz. Whether the Colledge of Capuchins at Somerset-House should be sent away out of this Kingdom for they are conceived to be busie Men in giving Intelligence to Forreign States and the House of Commons are induced to believe so because they understand That the Letters of the Capuchins which were Imported and Exported in one Week came to 3 l. 10 s. the Carriage Next they conceive That there are some things contained in the Articles of Treaty of Marriage with France which are contrary to Law Concerning the Education of the Prince they said they would consult further of it Concerning Licenses granted to Recusants They desire His Majesty may be moved that none may be granted hereafter Concerning the removing of the Popish Recusant Ladies from the Court they say they mentioned no particulars but spoke in the General Concerning Pensions They desire that the King may be moved That no Papist beyond the Seas may have any Pension Touching that which concerns the Queen they conceive they have had no full answer yet Concerning their Explanation who are Active Papists they mean those Recusants that are Rich and have most Power in the Countries where they Live as well Peers as others which they desire may be disarmed according to Law Concerning the Popes Nuncio they say the House of Commons are preparing a Bill Concerning the Lord Lieutenants and Deputy Lieutenants considering the State of this Kingdom as it now stands the House of Commons desires they may be such Persons as both Houses approve of and that they may be enabled the more for the defence of this Kingdom there will be a Course taken for Supplying them with Monies out of the Subsidies and the House of Commons desires that the King may be moved to let them have such Powder out of His Majesties Stores as may be spared and they will pay after the Rate of ten Pence per Pound for it as soon as they can get money and further to move His Majesty that the Arms which have been taken from the several Counties may be restored to them and if His Majesty can spare any Arms out of His Store they will buy them to furnish these Southern parts The new Bill for Tonnage and Poundage being read the Third time in the Lords House and being put to the Question Another Bill for Tonnage and Poundag passed the Lords House An Order of the Lords for Relief of a Feme-Covert and her Children against a Husband refusing to
Counties in this Kingdom but they conceive that their Names will be unacceptable and their Persons unwelcome and being thus Impeached to become Judges of Mens Lives and Estates will be a thing of great offence and distraction Therefore the House of Commons desired that all the Commissions granted to the Peccant Judges may be superseded and that their Names may be no more Vsed in Commissions and when the great Affairs now in agitation be dispatched they desired their Lordships to take their Impeachments into Consideration and proceed therein according to Justice Ordered That this House Consents to both these Requests of the House of Commons touching the aforesaid Judges This day the Lord Bruce was introducted with the usual Ceremonies his Patent bearing Date Aug. 2. 1641. Lord Bruce introducted The Earl of March reported to this House The Kings Answer about the Irish Acts. That His Majesty is pleased to like well of the Advice of this House concerning the staying of the Acts of Grace and Favour which were to be passed for the Kingdom of Ireland and will give order it shall be done accordingly until this House hath considered of the Letter sent to the Lord Keeper from the Speaker of the Lords House in Ireland Propositions of the Scots Commissioners and Answers of the English Lords Commissioners August 5. 1641. Propositions for the concluding the Peace with the Scots The Earl of Bristol reported the Propositions and Articles given in by the Scots Commissioners after the Lord Lowdon's return from the Parliament of Scotland which were read as followeth That the Treaty of Peace may be brought to a speedy and happy Close we do offer to your Lordships Consideration the following Particulars I. That as soon as the Scottish Army shall remove out of England to Scotland the English Garrisons of Berwick and Carlisle may remove simul semel II. Lest Malefactors who have committed Murder and the like Crimes crave the Benefit of the Act of Pacification and Oblivion for whom it is no ways intended there would be an Exception from the said Acts of all Legal pursuits intended or to be intended within the space of one year after the Date of the Treaty against Thieves * A Scotch word for Excommunicate Persons Horners Out-lawers Fugitives Murderers Broken men or their Receptaries for whatsoever Thefts Rifes Hardships Oppressions Depredations or Murders done or committed by them and all Lawful Decrets given or to be given by the Parliament or any Commissioners to be appointed by them for that effect who shall have power to Dignosce and take Cognition whether the same falls within the said Act of Pacification or Oblivion or not III. It is desired that the demand concerning the not making or denouncing War with Forreigners without consent of both Parliaments may be condescended unto by the King and the Parliament of England which is Ordained and Universally observed in all mutual Leagues which are both Offensive and Defensive and because the Wars denounced by one of the Kingdoms with Forreigners although made without consent of the other Kingdom will Engage them by necessary Consequence Or if the Consideration of this Proposition shall require longer time then the present Condition of the Important Affairs of the Parliament may permit and lest the speedy Close of the Treaty be thereby impeded it is desired that this Demand with the other Two Articles of the same Nature the one concerning Leagues and Confederations and the other concerning mutual Supply in case of Forreign Invasion may all three be remitted to Commissioners to be chosen by both Parliaments who shall have Power to Advise and Treat thereupon for the good of both Kingdoms and Report to the Parliament Respectively IV. It is desired That the Articles concerning Trade and Commerce Naturalization mutual Priviledge and Capacity and others of that nature already demanded may be condescended unto by the King and Parliament of England and namely that demand anent the Pressing of Men and Ships by Sea or Land Or if shortness of time may not permit the present determination of these Demands it is desired that the same except so many of them as are already agreed unto by the Commissioners for Trade may be remitted to Commissioners to be chosen by both Parliaments who shall have Power to Treat and Advise thereof for the good of both Kingdoms and to make Reports to the Parliament respectively and that the Charters or Warrants of the Scottish Nation for freedom of Shipping in England or Ireland from all Customs Imports Duties and Fees more then are paid by the Natives of England or Ireland granted by King James under the Great Seal of England upon the 11th day of April in the 13th year of his Reign and Confirmed by King Charles upon the 19th of April in the 8th year of his Reign may be Enacted and Ratified in this Parliament V. That the Extracts of Bonds and Decrets upon Record and Registers in Scotland may have the like Faith and Execution as the French Tabellons have in England and Ireland seeing they are of a like Nature and deserves more Credit and if this cannot be done at this time that it be remitted to the former Commission from both Parliaments VI. The manner of Safe Conduct for Transporting the Monys from England or Scotland by Sea or Land would be condescended unto in such way as the Charges be not Exorbitant and may be presently known VII The Tenor of the Commission for Conserving of Peace would be condescended unto together with the Times and Places of meeting and whole frame thereof the draught whereof when it is drawn up in England is to be represented to the Parliament of Scotland that they may make the like Commission and name their Commissioners for that effect VIII The Parliament of Scotland do join their earnest and hearty desires and craves the Parliament of England's Concurrence that none be placed about the Prince's Highness but such as are of the Reformed Religion IX That an Act of Parliament of Publick Faith for payment of the 220000 l. which is Arrear of the Brotherly assistance may be presently framed and expedited according to the Terms agreed upon X. It is desired that the Quorum to whom the Scots should Address themselves for payment of the 220000 l. be condescended upon XI That the Order for recalling all Proclamations made against His Majesties Subjects of Scotland be drawn up and intimate in due Form and Time with the Public Thanksgiving at all the Parish Churches of His Majesties Dominions XII It is desired That the Articles concerning the Castle of Edinburgh and other Strengths of that Kingdom may be understood to be that the same shall be disposed of for the Weal of the Kingdom as the King and Parliament shall think Expedient The English Lords Commissioners Answers THat upon the disbanding the Scottish Army the Garrisons of Berwick and Carlisle shall be removed according to the Articles of the Treaty in that
Act declaring Vnlawful and Void the late Proceedings touching Ship-Money and for Vacating of all Records and Process concerning the same 4. An Act for the Certainty of Forrests and of the Meers Meets Limits and Bounds of the Forrests The Private Acts were these 1. Private Bills passed An Act for the Settling of Certain Mannors Lands Tenements c. on Katharine Countess Dowager of Bedford William now Earl of Bedford John Russell and Edward Russell Esquires Sons of Francis Earl of Bedford deceased 2. An Act to Enable Sir Alexander Denton to sell Lands to pay Debts and provide for his Younger Children 3. An Act to Settle the Mannor of Belgrave c. upon William Byarley Esquire c. to pay the Debts of William Davenport Esquire deceased 4. An Act for John Eggar 's Free School in Alton in Com. Southampton 5. An Act for the Alteration of the Tenure of certain Lands in Fulham Middlesex held of the Lord Bishop of London as of the Mannor of Fulham 6. An Act for making the Chappel of Hool in Com. Lancaster a Parish Church 7. An Act for Confirmation of his Majesties Letters Patents to the Town of Plymouth and for dividing the Parish and Building of a New Church To which the Clerk of the Parliament pronounced the Royal Assent in these words Soit fait comme il est desire After which his Majesty made a short Speech touching the Necessity of his going to Scotland adding That he had given Order to the Lord Keeper for the further declaring of his Mind therein Upon which the Lord Keeper spake Expressing his Majesties great forwardness hitherto in so readily and graciously complying with his Parliament in gratifying them in all their Requests more than any of the Kings his Royal Predecessors had ever done before him instancing in the several Bills for taking away the Star-Chamber Regulating the Council Board taking away the High Commission Court Ship-Money and the passing the Bill for the Judges to continue quam diu se bene gesserint and several other things After which his Majesty spoke some few words acquainting them That he had received an Account by a Nobleman lately come from Scotland of the absolute Necessity of his Journey and that it was impossible for him without great Inconvenience to his Affairs in that Kingdom to defer his Journey and so he took his Leave of their Lordships and bade the Parliament Farewell and so departed But the House of Commons returning to their House fell immediately upon the Debate of it and sent a Message by Mr. Hollis to the Lords Earnestly desiring the Lords to joyn with them to Petition his Majesty either to Substitute a Locum Tenens during his Absence or to stay 14 dayes Longer in regard it so nearly concerned the Quiet and Peace of the Kingdom The Lords sent them in Answer That they would move his Majesty to defer his Journey for two dayes longer but this gave the Commons little Satisfaction In this Debate both Houses sate till Ten of the Clock at Night but could not come to any Resolution but in the Commons House it was moved That in respect the Necessity was so great and his Majesty so firm in his Resolution to set forwards on Monday that both Houses might meet and Sit upon Sunday and a Message being sent up to the Lords to desire their Concurrence it was accordingly agreed There being many of the Members of the Commons House absent Order for the absent Members to repair to the House It was this day also Ordered by the Commons That all the Members of the House in regard of the Great and Weighty Affairs that import the Safety of the Kingdom do repair hither to attend the Service of the Common-wealth with all possible speed upon pain of incurring the Displeasure of this House for their neglect And it is further Ordered That the Knights of the several Counties and the Burgesses and Barons of the several Burroughs and Cinque-Ports that are now in Town shall send Copies of this Order to the Sheriffs of the several Counties to the End it may be published with all Care and Speed By Six of the Clock in the Morning there was a Sermon at St. Sunday August 8. Margarets Westminster before the Commons after which both the Houses Sate and the time was wholly spent in the morning in Debates Messages and Conferences between the Two Houses about Petitioning the King to stay yet 14 dayes longer the Lords inclining not to press his Majesty further in it and the Commons insisting upon their former Votes to that purpose The Earl of Bath reported the Conference with the House of Commons as follows Aug. 8. 1641. The Report of the Conserence about staying the Kings Journey 14 dayes THat the House of Commons gave their Lordships thanks for joining with them humbly to Petition His Majesty for deferring his Journey into Scotland for 14 days And to the end that it may be no prejudice to the Parliament of Scotland the House of Commons desires that some of the Lords Commissioners may acquaint the Scots Commissioners with these particulars following and desire their Answers 1. Propositions to the Scots Commissioners about the Kings stay 14 dayes That the Houses of Parliament have commanded them to express to the Scots Commissioners the great care that they have to keep a good Correspondency betwixt the Two Nations of England and Scotland and to take away the Objections which may be made in respect of the Publick engagements to submit to His Majesties pleasure in his present intended Journey 2. That they take notice of the often Meetings and Adjournments of the Parliament of Scotland and lest it might be a great inconvenience the States being now met there if they should stay long there together without doing any thing both the Houses of Parliament have Resolved that for the better satisfaction of the Parliament of Scotland they will humbly Petition His Majesty to send a Commissioner to Edinburgh that if there be pressing Occasions to dispatch any of their Publick Affairs there may be Authority for the same and if they think good to stay His Majesty's coming to them in Person the Houses of Parliament do hope that it will be within 14 days of that time wherein His Majesty was expected there and they shall take their consent thereunto as a great Argument of their Affection to this Kingdom 3. That the Houses likewise do intend to send Commissioners from hence to the Scottish Parliament to declare to them the great Reasons which moves them to Petition His Majesty's stay for 14 days which are such as do very much import the Peace and Safety of both Kingdoms as also their care to move His Most Excellent Majesty to send His Commissioner that the Parliament of Scotland may not be disappointed in respect of the dispatch of their own great Affairs in that Kingdom in the mean time 4. And lastly That the Houses do desire the
auxi mesmes les Communes remercierment les seigneurs Espirituelx Temporelx de lour bon droiturell Jugment quils auoint fait come Piers du Parlement That the said Commons returned thanks to the Lords Temporal and Spiritual for the good and upright Judgment which they had made as Peers of Parliament In the 2 of H. 6 John Lord Talbot accused James Boteler Earl of Ormond Rot. Par. n. 9. 2 H. 6. in Parliament of sundry Treasons and the Record saith That De avisamento assensu Dominorum Spiritualium Temporalium ac Communitatis Regni Angliae in eodem Parliamento existent ' facta fuit quaedam Abolitio delationis nunciatonis Detectionis predict ' c. By the advice and consent of the Lords Spiritual and Temporal and the Commons of England there was made a certain abolition of the said Accusation Relation and Discovery From which Presidents it is evident that the Lords the Bishops did Sit and Debate Vote and Determin in Causes Capital as well as the other Temporal Lords The third Position is that they are a third Estate in Parliament Which is proved both by undeniable Reason and undoubted Presidents and Records That there are three Estates in the Parliament of England is a matter on all hands allowed But some Persons who would bring down the Soveraignty to a Coordinacy do affirm that the King is the third Estate the Lords making one and the Commons the other which dangerous Position as it doth submit the Monarchy to great hazzards so it gave occasion and colour to the taking away of the Peerage of the Bishops the third Estate notwithstanding their Exclusion being according to this principle left as Intire in the Lords House as it was upon the Exclusion of the Lord Abbots in the time of King Henry the Eighth Now that the King is not one of the three Estates and consequently that the Lords the Bishops must be so and were ever accounted so evidently appears by the Records of our Parliaments which are cited to this purpose as follows In the Parliament of 1. H. 4. By the Roll it appears that King Richard the Second appointed two Procurators to declare his Resignation of the Crown coram omnibus Statibus Regni before all the States of the Realm and one of the Articles against him was concerning his Impeachment of Thomas Arch-Bishop of Canterbury coram Rege omnibus Statibus Regni before the King and all the Estates of the Realm And who all these Estates of the Realm were it most fully appears in that the Commissioners for the Sentence of this unfortunate Kings deposition are said to be appointed Per Pares Proceres Regni Anglia Spirituales Temporales ejusdem Regni Communitates omnes status ejusdem Regni representantes By the Peers and Nobility of the Kingdom of England Spiritual and Temporal and the Commons of the same representing all the Estates of the said Realm So that First the Bishops are declared Peers of the Realm in Parliament Secondly The Estates of the Parliament are to represent all the Estates of the Kingdom Clergy Nobility and Commons Thirdly The three Estates in Parliament are the Lords Spiritual the Lords Temporal and the Commons of the Realm In the Roll of Parliament Rot. Parl. 1. R. 3. 1. R. 3. it is Recorded That whereas before his Coronation certain Articles were delivered unto him in the name of the three Estates of the Realm that is to say of the Lords Spiritual Lords Temporal and of the Commons by name c. Now forasmuch as neither the said three Estates neither the said Persons which in their name presented and delivered as it is aforesaid the said Roll unto our Soveraign Lord the King were Assembled in Form of Parliament divers doubts have been moved c. Now by the said three Estates Assembled in this present Parliament and by Authority of the same be ratified and Enrolled c. Upon which Record Mr. Prinn himself makes this Marginal Note The three Estates must concur to make a Parliament no one or two of them being a full or Real Parliament but all conjoyned In the 3. H. 6. it is said in the Record Prinn Abridgments of Records p. 710. 714. the three Estates Assembled in this present Parliament In the Explanation of the Duke of Bedford's Power as Protector It is said it was advised and appointed by the Authority of the King Assenting the three Estates of this Realm so that it is plain that the King was not then accounted one of them Rot. Par. 3. H. 6. n. 19. 6. H. 6. n. 24. In the 11. H. 6. The Duke of Bedford appeared in Parliament and declared the Reason of his coming coram Domino Rege tribus Statibus Regni before the King and the three Estates of the Realm 11. Hen. 6. n. 10. and n. 2. n. 2. N. 11. Domino Rege tribus Regni Statibus in presenti Parliamento Existentibus Our Lord the King and the three Estates in Parliament being present where the King is plainly distinct from the three Estates 11. H. 6. N. 2. The Lord Cromwell Lord Treasurer Exhibits a Petition in Parliament wherein he saith that the Estate and necessity of the King and of the Realm have been notified to the three Estates of the Land Assembled in Parliament In the Appendix to the Rolls of Parliament that Year the Duke of Bedford saith in his Petition to the King How that in your last Parliament yit lyked your Hyghness by yaduis of three Estates of yis Land to will me c. 23. H. 6. N. 11. Presente Domino Rege 23. H. 6. n. 11. tribus Statibus in presenti Parliamento Existentibus c. Our Lord the King being present and the three Estates in the present Parliament Assembled 28. H. 6. N. 9. Domino Rege 28. H. 6. n. 9. tribus Regni Statibus in pleno Parliamento comparentibus c. Our Lord the King and the three Estates in full Parliament appearing c. 1. H. 6. 1. H. 6. The Queen Dowager in her Petition mentioning the Ratification made in Parliament 9. H. 5. saith it was not only sworn by the King but by the three Estates of the Kingdom of England Cest assavoir Les Prelatz Nobles Grands per les Comuns de mesm le Royalm Dengleterre That is to say by the Prelats Nobles and Great Men and by the Commons of the said Realm of England And since the Reformation In the 8 of Eliz. 1. 8. Eliz. 1. The Bishops are in Parliament called one of the greatest States of this Realm From all which Instances it plainly appears First That there are three Estates in the Fundamental Constitution of every Parliament Secondly That there are three Estates besides the King and consequently that he cannot be one of the three Thirdly that the Lords Spiritual the Bishops are a Third Estate of the Realm in Parliament
disguising himself yet he could not get forth of the City so surely Guarded were all the Gates There was found at his Lodging hidden some Hatchets with the Helves newly cut off close to the Hatchets and many Skenes and some Hammers In the end the Sheriffs of the City who were imployed in a strict search of his Lordship found him hidden in a Cock-loft in an obscure House far from his Lodging where they apprehended him and brought him before us He denied all yet so as he could not deny but he had heard of it in the Country though he would not tell us when or from whom and confessed that he had not advertised us thereof as in duty he ought to have done But we were so well satisfied of his Guilt by all Circumstances as we doubted not upon further Examination when we could be able to spare time for it to find it apparent Wherefore we held it of absolute necessity to commit him close Prisoner as we had formerly done Mac-Mahon and others where we left them on the 23 of this Month in the morning about the same hour they intended to have been Masters of that Place and the City That morning we laid wait for all those strangers that came the night before to Town and so many were apprehended whom we find reason to believe to have hands in this Conspiracy that we were forced to disperse them into several Goals and since we found that there came many Horsemen into the Suburbs that night who finding the Plot discovered dispersed themselves immediately When the hour approached which was designed for the surprising the Castle great numbers of Strangers were observed to come to the Town in great Parties several Ways who not finding admittance at the Gates stayed in the Suburbs and there grew so numerous to the Terror of the Inhabitants We therefore to help that drew up and instantly Signed a Proclamation Commanding all Men not dwellers in the City or Suburbs to depart within an hour upon pain of Death and made it Paenal to those that should harbour them which Proclamation the Sheriffs immediately Proclaimed in all the Suburbs by our Commandment which being accompanied with the Committal of those two Eminent Men and others occasioned the departure of these multitudes and in this case all our Lives and Fortunes and above all His Majesties Regal Power and Authority being still at stake we must vary from ordinary Proceedings not only in Executing Martial Law as we see Cause but also in putting some to the Rack to find out the Bottom of this Treason and the contrivers thereof which we foresee will not otherwise be done On that 23 of this Month we conceiving that as soon as it should be known that the Plot for seizing the Castle of Dublin was disappointed all the Conspirators in remote Parts might be somewhat disheartned as on the other side the good Subjects would be comforted and would then with the more Confidence stand on their Guard did prepare to send abroad to all Parts of the Kingdom this Proclamation which we send you here inclosed and so having provided that the City and Castle should be so well Guarded as upon the sudden we could we concluded that long Council On Saturday Twelve of the Clock at night the Lord Blaney came to Town and brought us the ill news of the Rebels seizing with two hundred Men his House at Castle-Blaney in the County of Monoghan as also a House of the Earl of Essex's called Carrick-Macross with 200 Men and a House of Sir Henry Spotwood's in the same County with 200 Men where there being a little Plantation of British they plundered the Town and burnt divers Houses and since it appears that they burnt divers other Villages and robbed and spoiled many English and none but Protestants leaving the English Papists untouched as well as the Irish On Sunday morning at three of the Clock we had intelligence from Sir Arthur Terringham that the Irish in the Town had that day also broken up the King's Store of Arms and Munition at Newry where the Store for Arms hath been ever since the Peace where they found 70 Barrels of Powder and Armed themselves and put them under the Command of Sir Con Magenis Knight and one Creedly a Monk and plundered the English there and disarmed the Garrison And this though too much is all that we yet hear is done by them However we shall stand upon our Guard the best we may to defend the Castle and City principally those being the places of most importance But if the Conspiracy be so universal as Mr. Mahon saith in his Examination it is namely That all the Counties of the Kingdom have Conspired in it which we admire should so fall out in this time of universal Peace and carried with that secresie that none of the English could have any Friend among them to disclose it then indeed we shall be in high Extremity and the Kingdom in the greatest danger that ever it underwent considering our want of Men Mony and Arms to enable us to encounter so great multitudes as they can make if all should so joyn against us the rather because we have pregnant cause to doubt that the Combination hath taken force by the incitement of the Jesuits Priests and Friars All the hope we have here is That the English of the Pale and some other Parts will continue constant to the King in their Fidelity as they did in former Rebellions And now in these straits we must under God depend on Aid forth of England for our present supply with all speed especially Mony we having none and Arms which we shall exceedingly want without which we are very doubtful what account we shall give to the King of this Kingdom But if the Conspiracy be only of Maguire and some other Irish of the Kindred and Friends of the Rebel Tyrone and other Irish of the Counties of Down Monogham Cavan Fermanagh and Armagh and no general Revolt following thereupon we hope then to make Head against them in a reasonable Measure if we be inabled with Money against them in a reasonable Measure if we be inabled with Money from thence without which we can raise no Forces so great is our want of Mony as we formerly have Written and our Debt so great to the Army nor is Money to be borrowed here and if it were we would Engage all our Estates for it neither have we any hope to get in his Majesties Rents and Subsidies in these Disturbances which adds extremely to our Necessities On Sunday Morning the 24th we met again in Council and sent to all parts of the Kingdom the inclosed Proclamation and Issued Patents to draw hither seven Horse Troops as a further strength to this Place and to be with us in case the Rebels shall make Head and march hitherward so as we may be necessitated to give them Battel We also then sent away our Letters to the Presidents of both the
Provinces of Munster and Connaght as also to the Sheriffs of five Counties of the Pale to consult the best way and means of their own preservation That day the Lord Viscount Gormanstoun the Lord Viscount Netterville the Lord Viscount Fitz-Williams and the Lord of Lowth and since the Earls of Kildare and Fingal and the Lords of Dunsany and Slane all Noblemen of the English Pale came unto us declaring That they then and not before heard of the matter and professed all Loyalty to His Majesty and Concurrence with the State but said they wanted Arms whereof they desired to be supplied by us which we told them we would willingly do as relying much on their faithfulness to the Crown but we were not yet certain whether or no we had enough to Arm our strengths for the guarding of our City and Castle yet we supplied such of them as lay in most danger with a small proportion of Arms and Ammunition for their Houses lest they should conceive we apprehended any Jealousie of them and we commanded them to be very diligent in sending out Watches and making all the Discoveries they could and thereof to advertise us which they readily promised to do And if it fall out that the Irish generally rise which we have cause to suspect then we must of necessity put Arms into the hands of the English Pale in present and others as fast as we can to fight for the defence of the State and themselves Your Lordship now sees the Condition wherein we stand and how necessary it is first That we enjoy your Presence speedily for the better guiding of these and other Publick Affairs of the King and Kingdom And secondly That the Parliament of England be moved immediately to advance to us a good Sum of Mony which being now speedily sent hither may prevent the expence of very much Treasure and Blood in a long continued War And if your Lordship shall happen to stay on that side any long time we must then desire your Lordship to appoint a Lieutenant General to discharge the great and weighty burthen of commanding the Forces here Amidst these confusions and disorders fallen upon us we bethought us of the Parliament which was formerly Adjourned to November next and the Term now also at hand which will draw such a concourse of People hither and give opportunity under that pretence of Assembling and taking new Councils seeing the former seems to be in some part disappointed and of contriving further danger to this State and People We therefore found it of unavoidable necessity to Prorogue the Parliament to the 24th day of February next and therefore we did by Proclamation Prorogue it accordingly and do direct the Term to be Adjourned to the first of Hillary Term excepting only the Court of Exchequer for the hastening in the King's Money We desire that upon this occasion your Lordship will be pleased to view our Letters concerning the Plantation of Connaght dated the 24th of April last directed to Mr. Secretary Vane in that part thereof which concerns the County of Monoghan where now these fires do first break out In the last place we must make known to your Lordship That the Army we have consisting but of 2000 Foot and 1000 Horse are so dispersed in Garrisons in several Parts of the four Provinces for the security of those Parts as continually they have been since they were reduced as if they be all sent for to be drawn together not only the Places where they are to be drawn from and for whose safety they lye there must be by their absence distressed but also the Companies themselves coming in so small numbers may be in danger to be cut off in their march nor indeed have we any mony to pay the Soldiers to enable them to march And so we take leave and remain From His Majesties Castle of Dublin 25 Oct. 1641. Your Lordships to be Commanded William Parsons John Borlase Robert Boulton Canc. J. Dillon Anth. Midensis Jo. Raphoe Thomas Rotherham Fra. Willougbly Jo. Ware Ro. Digby Adam Loftus Jo. Temple Gerrard Lowther George Wentworth Ro. Meredith Postscript The said Owen Connelly who revealed this Conspiracy is worthy of great Consideration to Recompence that Faith and Loyalty which he hath so extremely to his own danger expressed in this business whereby under God there is yet hope left us of Deliverance of this State and Kingdom from the wicked purposes of those Conspirators And therefore we beseech your Lordship that it be taken into Consideration there so as he may have a mark of His Majesties most Royal Bounty which may largely extend to him and his Posterity we being not now able here to do it for him William Parsons As we were making up these our Letters the Sheriff of the County of Monoghan and Dr. Teale having fled came unto us and informed us of much more Spoil committed by the Rebels in the Counties of Monoghan and Cavan and that the Sheriff of the County of Cavan joyns with the Rebels being a Papist and Prime Manof the Irish William Parsons Robert Digby John Dillon Adam Loftus Then Sir William Cole's Letter which had given some Light to the Conspiracy was read as followeth Right Honorable UPon Friday last Two of the Natives of this County Sir William Cole's Letter to the Lord Justices of Ireland just before the discovery of the Rebellion Men of good Credit came to my House and informed me that Hugh Boy Mr. Tirlagh Mr. Henry O Neal a Captain which came from Flanders about May last hath since that time had the chiefest part of his Residence in Tyrone at or near Sir Phelem Roe O Neal 's House to which Place it hath been observed there hath been more then an Ordinary or former Vsual resort of People so frequent that it hath bred some Suspition of Evil Intendments in the Minds of sundry Men of honest Inclinations and these Gentlemen my Authors do say that they do hold no good Opinion of it rather construing an evil Intention to be the Cause thereof For my own part I cannot tell what to make or think of it The Lord Maguire in all that time as they inform me also hath been noted to have very many private Journeys to Dublin to the Pale into Tyrone to Sir Phelim O Neals and many other Places this Year which likewise gives diverse of the Country Cause to doubt that something is in Agitation tending to no good Ends. Vpon Saturday last one of the same Gentlemen came again to me and told me that as he was going Home the Day before he sent his Footman a nearer Way then the Horse Way who met with one of the Lord Inskillins Footmen and demanded of him from whence he came Who made Answer That he came from Home that Morning and the other replying said You have made good hast to be here so soon to which he answered That his Lord came Home late last Night and writ Letters all
in the Margin he calls Richard Belling R. B. a zealous Nuncionist Whereas though it is true that he was imployed by the Supreme Council to Rome and his Negotiation was the occasion of sending the Nuncio over into Ireland yet when he found the Nuncio and that Party to have other Designs then meerly the obtaining Liberty for their Religion as at first they pretended none were more zealous in opposing them then Mr. Belling or in promoting the Peace and submitting the Irish to the King's Authority he was one among others of the supreme Council who disavowed and appealed from the Sentence of Excommunication procured against the Lord Lieutenant and his Adherents as is evident by a Book which he wrote in answer to one published by French the Titular Bishop of Fernes written in Justification of the Rebellion and the aforesaid Excommunication Pag. 5th of the Preface he saith The Cessation was managed by subtile Instruments of State And because these Words are a little Mysterious p. 29th of the said Preface he Explains himself speaking his own Sentiments in the Language of Col. Crafford's Remonstrance where he hath this passage When I first enter'd on this History I propos'd to my self a Series of the Whole but prest with my own Affairs and matter increasing plentifully upon me I held it rational to Sum up the Whole after I had brought it to the Cessation which some * Col. Crafford's Remonstrance pag. 5. had an apprehension was not a less Plot to deliver the Remainder of his Majesties true Subjects into the Rebels hands and to root out the Protestant Religion Observe this passage then what was commenced the 23 of October 1641. But the Articles of that Cessation speak otherwise necessity being the Ground thereof legible in His Majesties Motives to a Cessation the 19th of September 1643. Which afterwards was highly Controverted and in the end so infeebled as the War according to the first intent was after the Long Parliament grasp'd all pursued with vigour and success The Regicides and Irish Papists might have sharper Swords but surely they had not blacker Ink then Dr. Borlase for either he thought that this passage Of some thought the Cessation a greater Plot against the Protestant Interest and Religion then that of the Irish Papists Octob. 23 1641 was either True or else the most malicious Compendium of Scandal that ever the Regicides or Irish Rebels endeavoured to fix upon His Majesty if he thought it false he should without mumbling the matter between the Teeth of so many Parentheses as he does where he seems to contradict it from His Majesties motives and the Articles I say he ought either not to have mentioned it at all or to have given it a lasting brand of Infamy For by this intolerable Reflection the Character of a worse Plot is put upon His Majesty then the execrable Irish Rebellion to betray the Protestants and their Religion since he himself in the 118 121 124 and 132 pages of his History produces His Majesties Letters to the then Marquess now Duke of Ormond and the Lords Justices Borlase and Tichburn expresly commanding the making of that Cessation for one year And I think to fix this upon the King exceeds even the Exit Tyrannus Regum Vltimus of the Rebels And therefore all along his History he makes some body or other still thinking this Cessation a great Plot against the Protestants and extolls the management of the Parliament who were against it after they had grasp'd all for vigorously and successfully prosecuting the War and indeed it is very suspicious that he both thinks and would have others think this Cessation a Real Plot and that he hath a great Kindness for the English Parliament Rebels appears by the Tenderness he expresses for them as in this Place as if they were in good earnest against the Irish Rebels and the King in good Earnest for them so also P. 135. where he hath these sweetning Words And indeed to give the Parliament their due when they had reduc'd the Affairs of England to their own Module the Rebels of Ireland were frequently Chastized and so affectionately pursued that neither Men Money or Courage was wanting to that Service Expressions so kind and tender that one is tempted to believe these were some of the Nameless Worthies he mentions in his Preface Pag. 25. It may be saith he some whose Excellency consists in Detraction will think by this I had a particular Design besides the History to preserve the Memory of * If these Some were not some of the Illustrious Parliament Regicides as Ireton Cromwell c. why does he not Name them some who otherwise in tract of time might be lost in the Common Rubbish and I dare not disown those Conjectures the deserving being to be in Everlasting Remembrance Nor hath it in all Ages and amongst the Worthiest Persons been esteemed Pride but Justice to Erect Memorials and Altars to Meriting Heroes And I think by this Passage he did not intend to put the Greatest Hero and Martyr into his Calender unless it be to Note him Nigro Carbone I shall have Occasion to satisfie the Reader more particularly when I come to the Vxbridge Treaty and the Papers which then passed betwixt the King and the Parliament in the mean time in short this was the true State of the Matter and then let the World judge what Ground Dr. Borlase hath to revive this black Scandal against his late Majesty and his Grace the Duke of Ormond The Reasons for making this Cessation were plainly the miserable Condition which that part of the English Army under the Command of the Marquiss of Ormond was reduced unto because neither he nor the Officers and Soldiers under his Command could be threatned or perswaded to favor the two Houses of Parliament in the War they made against the King whilest the Scotch Army were at the same time plentifully provided for so that those who would not be of their Party had no choice beside the Cessation but to forsake their Allegiance or Starve Besides the Parliament saw evidently That if a Cessation were concluded and a Peace should follow upon it the King would receive considerable Supplies of Men from Ireland which made them to save their own Heads forfeited to Justice so violently Oppose the Cessation thò they pretended other Reasons of Religion and Conscience under which Cloaks they covered the most Impious and daring Villainies which ever the Sun beheld I might produce other Passages but must desire the Readers Excuse for the present till they naturally fall in my Way but I cannot omit one more P. 304. where he hath these very Words And certainly whatsoever conspired to complete so execrable a Design as the Murther of the King nothing contributed more than the Irish deluding his Sacred Majesty so long with their Promises of a Competent Army whereby he relying on them too confidently Assured of their Ability and Power to perform it
hear my Lord Orrery's Account of it in his forementioned Book p. 10 11. where he saith E. of Orrery's Answer to Peter Walsh The Wisest of Men thought the Irish Papists fastned to his Majestie in the Year 1641 by the best of Governments and to the English Protestants by the strictest ties of Interest Friendship Marriage and which is more in their Esteem Gossipping and Fostering to the Publique Peace by their as flourishing so free Condition and to all by those Royal Graces which his Sacred Majesty at that time indulged their Commissioners such as themselves desired 't was but then ask and have Yet all this Honey was turned into Gall for at that very time wherein the King was Exercising such high Acts of Grace to them the Irish Papists plotted and soon after perpetrated the Worst of Rebellion the Worst Extensivè Exulcerating generally and Intensivè breaking forth with more Persidie Barbarism and Cruelty than can be parallel'd in any History The great motive at least in pretence was Religion For whereas Dr. Borlase in his Preface saith It is Evident they never had so free Exercise of their Religion as when the Rebellion began It is Evident that he is mistaken even by the Testimony of the Person of whose Book he saith p. 7th of his Hist Sir John Temple Irish Reb. P. 26.27 in the Margin It was a Piece of that Integrity few can Equal none Exceed who could have informed him that this free Exercise of Religion was only clancular and in private But they evidently saw that the Calumnies cast upon the late King as a Favourer of Popery was one of the principal Engines by which the Factious part of the Parliament of England alienated the affections of all his Majesties English and Scotch Protestant Subjects from him besides the Severities which the Parliament provoked the King upon his peril to inflict upon the Papists in England and Scotland was made Use of by the Popish Clergy to drive them into a Rebellion by insinuating That if the Parliament could bring the King under their Government there was nothing to be Expected but the total suppression of their Religion and the Eradication of their Nation In confirmation whereof it was confidently averr'd to them That a * Sir John Clotworthy Member of Parliament concern'd in Ireland did in the House of Commons declare in a Speech That the Conversion of the Papists in Ireland was only to be Effected by the Bible in one hand and the Sword in the other And I have been told by a Person of Honour and Worth that Mr. Pym gave out That they would not leave a Priest in Ireland Nor could their Committees who were here be ignorant of these Passages or being many of them Papists not communicate it to the Irish Papists Another Encouragement to this Rebellion was the Example of Scotland as appears plainly by Connelly's Deposition who was told by Mac-Mahon that they did this to imitate Scotland who got a Priviledg by that Course And the Confession of the Lord Mac-guire which the Reader shall presently see does not obscurely hint That the Earl of Argyle the Head of the Covenanting Rebellious Scotch Presbyterians was under-hand working the Irish into some Conspiracy against the King probably that his hands being full they might procure better Terms for themselves and divert the Storm of the English Arms which then were impending upon them Nor was the taking off the Earl of Strafford that Great Wise and Valiant Man a little contributing to this Irish Tragedy for besides that it is visible that the Irish Committees who were many of them Papists were highly instrumental in furnishing the English Parliament with matters of Complaint and Accusation against that Noble Lord for which they were mightily at that time thô known Papists caressed by the Earl's Enemies in the Commons House so it is no less Visible that this Design of theirs though it had been long contriving advanced more in half a Year after his Vigilant Eye was taken off their Actions and his Hand from the Reins of the Government then it had in all the time before as will plainly appear by Mac-guire's Confession And in Confirmation of this I think it a Debt due to the Illustrious Memory of that Great Man the Earl of Strafford whom I cannot name without and Pity Wonder to insert part of a Letter of his to his Dear and Intimate Friend Mr. Wandesford then Master of the Rolls and one of the Lords Justices in 1636 wherein he acquaints him with the account which he had given in to the King and Council of the state of Affairs in Ireland which he doth in these Words I Informed them That the Army was well Clad reasonably well Armed The State of the Army in the Earl of Strafford's Time 1636. but should be better well Exercised and well Paid which they had never been before That I had visited the whole Army seen every single man my self as well in his own person as in his Exercising where other Generals that had continued that Charge longer then my self had not taken a view so much as of one Company that in the Removes and Marches of the Army they pay'd justly for what they took and passed along with Civility and Modesty as other Subjects without Burden to the Country through which they went whereas formerly they took the Victuals and paid nothing for it as if it had been in an Enemies Country whence it was that the Soldier was now welcom in every place where before they were in abomination to the Inhabitants That by this means the Army in true account might be said to be double the Strength as it had been That this was so apprehended by the ill-disposed as there is neither Courage nor Hope left for opposition the good Subjects secured the bad kept in humility and fear by it That they were worthy of the Kings Entertainment and when they shall be seen will appear with a Company of gallant Gentlemen their Officers fit to serve a Great and Wise King whereas not much of this before but rather quite the Contrary That for my self I had a dead Stock in Horses Furniture and Arms for my Troop that stood me in 6000 l that so I was in readiness upon an hours warning to march nor did I this out of Vanity but really in regard I did conceive it became me not to represent so great a Monarch as his Majesty meanly in the sight of that People and that it was of mighty Reputation to the Service of the Crown when they saw me in such a Posture that I was upon an hours Warning able to put my self on Horseback and that the Soldiers should see I would not Exact so much duty from any private Captain as I did impose upon my self being their General Lastly it was my humble Advice That the Army as of absolute Necessity to the Government was rather to be reinforced then at all diminished as being an
Excellent Minister and Assistant in the Execution of the Kings Writs the great Peace-maker betwixt the Brittish and Natives betwixt the Protestant and the Papist and the chief Securer under God and his Majesty of the Future and Past Plantations His Lordship also moved That he might be permitted to keep a constant Fund of 20000 l. in the Exchequer in Ireland to be ready upon all occasions And certainly had he continued his Life and this Well-laid Way of Managing the spirits of some of the Old Irish Especially there is all the probability that humane affairs can afford that the Irish had not made themselves so miserable a Nation as by that Barbarous Rebellion they did and that the English Rebellion which was wonderfully influenced by it either had not been at all or had never arrived to those accursed Successes and Period for at least he would have kept the Scots imployed at home if he had not assisted the King with Men here in England against the Rebels But to proceed what ever Fucus of Religion these as well as the English Rebels afterwards might make Use of to paint the Jezabel of Treason there was a Desire of shaking off the Government and Dependency upon the Crown of England at least in some of the Irish as will plainly appear in their Ensuing Actions and what ever the other Motives and Occasions of this Defection were undoubtedly the English Rebellion which followed this so closely at the heels disabled the King from having the Power as he had the Will to have hazarded his Royal Person to suppress it in its Infancy by reason whereof it came to be of so long Continuance and Ireland to drink so deeply of the Calamities which attended this Dreadful Rebellion There were several other Concomitant Actions even of the Governing part of the Nation who were many of them Parliamentarians in Heart and afterwards violently so in their Actions which did increase and heighten the despair of the Irish and I have seen some Minutes of the Council-Board which aver That Sir Charles Coot said That when Sir Luke Fitz-Gerald misdemean'd himself before the Board by incivil Words toward a Member of the Board he let him have the line and would not reprehend him in hope he would go into Rebellion for he saw he would do so and that the more that were in Rebellion it was the Better And certainly there were some unjustifiable Severities Used by the Lords Justices and Council as prohibiting the Irish to come to Dublin upon pain of Death by Three successive Proclamations and afterwards burning their Houses c. for giving Entertainment to the Army of the Rebels one of the two being unavoidable their making Prisoners and Indicting such of them as came in and submitted to the Marquess of Ormond in hopes of kind Usage notwithstanding his Intercession for them and the advantage they might reasonably Expect such Clemency would be to them in order to reclaiming the more Moderate and such as had complied with the Rebels out of pure Necessity of which ill Treatment I shall produce one of their Letters to the Marquess of Ormond with an Express Command from the Lords Justices and Council for his so doing Which Letter was as followeth AFter Our very hearty A Letter from the Lords Justices and Council to E. of Ormond to prosecute the Rebels with Fire and Sword c. Martii 9. 1641. c. We the Lords Justices have received your Lordships Letters of this dayes date which we communicated with the Council and having taken the same into Serious Consideration after deliberate Advisement thereof at this Board We have thought fit to return your Lordship this Answer That calling to mind the Reasons moving this Board to take the Resolution Expressed in our Order dated the 3d. of this Month concerning the present Expedition and considering divers other Weighty Reasons now appearing to us in Council and for that also we have by our last Letters into England as your Lordship knowes made known thither That your Lordship with 3000 Foot and 500 Horse was immediately to March into the Pale to burn spoyl and destroy the Rebels of the Pale without excepting of any And for that the direction we Expected forth of England concerning the Lords of the Pale did not concern this Matter We therefore think fit First That according to that Order of this Board you pass not beyond the River of Boyne but March in such places between the Boyne and the Sea as your Lordship shall think fit Secondly That those that offer to come in ☞ be in no other manner taken in then as Prisoners taken by the Power and Strength of his Majesties Army as in truth it is and if any of them come to the Army that if it may be the Soldiers do seize on them before they have access to your Lordship and that afterwards they be denyed access to your Person Thirdly That no difference be made between the Noblemen that are Rebels and other Rebels but that their Houses and Goods be dealt with as other Rebels are in manner as in our said Order dated the 3d of this Month is Expressed which we now again recommend to your Lordships observation In the last place We render Thanks to your Lordship for your Letters praying your Lordship to be as Frequent as you may in Advertisements to us during your Absence And in case you find the necessity of the Service to require your absence from hence for a longer time then the 8. days mentioned in our Order of the 3d of this Month We are pleased That your Lordship be absent two or three days longer if you find all things concurring therein to the advantage of the Publique Service in case in the interim you receive no direction from us to the contrary And observing no mention in your Letters of having consulted with Sir Richard Greenfield as with other Commanders We pray your Lordship That as there may be occasion you call him to such Consultations And so we bid c. from his Majesties Castle of Dublin the 9th of March 1641. Your Lordships very Loving Friends William Parsons John Borlase R. Dillon J. Temple Charles Coote Th. Rotherham Fr. Willoughby R. Meredith Postscript WHen Your Lordship shall have perused and signed the inclosed We pray you to cause it to be conveyed to Sir Henry Tichburne To our very good Lord James Earl of Ormond c. The Reader will meet with several others of these fierce Commands in the Series of their due time only I could not omit inserting this in this place though a little before its proper time to clear this Point and to vindicate the Reflections of his late Majesty in his Remarques upon this Rebellion as well as his future Actions in displacing some of these fiery Men and putting others of better Temper in their places which it will appear he did with great Justice and Prudence and if he erred in any thing it seems to
found to be false and so the Messenger departed with Directions that if the Earls death were true he should repair into the Low-Countries to Colonel Owen O Neale and acquaint him with his Commission from the Earl whereof it was thought he was not Ignorant and to return an Answer sent by him and to see what he would Advise or would do himself therein But presently after his Departure the certainty of the Earls Death was known and on further Resolution it was Agreed That an Express Messenger should be sent to the Colonel to make all the Resolutions known to him and to return speedily with his Answer And so one Toole O Comely a Priest as I think Parish Priest to Mr. Moore was sent away to Colonel O Neale In the interim there came several Letters and News out of England to Dublin of Proclamations against the Catholicks in England and also that the Army raised in Ireland should be Disbanded and Conveyed into Scotland And presently after several Colonels and Captains Landed with Directions to carry away those Men amongst whom Colonel Plunkett Colonel Burne and Captain Bryan O Neale came but did not all come together for Plunkett Landed before my coming out of Town and the other two after wherein a great sear of Suppressing of Religion was conceived and especially by the Gentry of the Pale and it was very common amongst them that it would be very inconvenient to suffer so many Men to be Conveyed out of the Kingdom it being as was said very confidently reported that the Scottish Army did threaten never to lay down Arms until an Uniformity of Religion were in the three Kingdoms and the Catholick Religion suppressed And thereupon both Houses of Parliament began to oppose their going and the Houses were divided in their Opinions some would have them go others not but what the definitive conclusion of the Houses was touching the Point I cannot tell for by leave from the House of Lords I departed into the Country before the Prorogation But before my Departure I was informed by John Barnewall a Fryer that those Gentlemen of the Pale and some other Members of the House of Commons had several Meetings and Consultations how they might make Stay of the Souldiers in the Kingdom and likewise to Arm them in Defence of the King being much injured both of England and Scotland then as they were informed and to prevent any Attempt against Religion and presently after I departed into the Country and Mr Reyly being a Member of the House of Commons stayed the Prorogation and on his coming into the Country sent to me to meet him and I came to his House where he told me that he heard for certain that the former Narration of Barnewall to me for I did acquaint him with it was true and that he heard it from several there also was Emar Mac Mahone made firmly privy to all our Proceedings at Mr. Reylys lately come out of the Pale where he met with the aforenamed John Barnewall who told him as much and he formerly told me and moreover that those Colonels that lately came over did proffer their Service and Industry in that Act and so would raise their Men under Color to Convey them into Spain and then seize on the Castle of Dublin and with their Arms there to Arm their Soldiers and have them ready for any Occasion that should be Commanded them but that they had not concluded any thing because they were not Assured how the Gentlemen of the remote Parts of the Kingdom and especially of Vlster would stand Affected to that Act and that Assurance of that Doubt was all their Impediment Then we three began to think how we might assure them Help and of the Assistance of Vlster Gentlemen It was thought that One should be sent to them to acquaint them therewith and they made Choice of me to come by reason as they said that my Wife was allyed to them and their Country-Woman and would believe me trust me sooner than other of their Parts they or most of them being of the Pale And so without as much as to return Home to furnish my self for such a Journey Volens Nolens they prevailed or rather forced me to come to Dublin to confer with those Colonels and that was the last August was Twelve-Month Coming to Town I met Sir James Dillon accidentally before I came to my Lodging who was one of those Colonels and after Salutations he demanded of me where my Lodging was which when I told him and parted the next Day being abroad about some other Occasions in Town I met him as he said coming to wait on me in my Chamber but being a good Way from it he desired me to go into his own Chamber being near at hand And then began to discourse of the present Sufferings and Afflictions of that Kingdom and particularly of Religion and how they were to expect no Redress the Parliament in England intending and the Scots resolving never to lay down Arms until the Catholick Religion were suppressed Then he likewise began to lay down what Danger it would be to suffer so many Able Men as was to go with them to depart the Kingdom in such a time Neither said he do their other Gentlemen that are Colonels and my self affect our own private Profit soas to prefer it before the general Good of the Kingdom And knowing you are well Affected thereunto and I hope said he ready to put your helping-hand to it upon Occasion I will let you know the Resolution of those other Gentlemen and Mine which is if weare ready to raise our Men and after to Seize on the Castle where there is great store of Arms and Arm our Selves This was the first Motion that ever I heard of taking the Castle for it never came into our Thoughts formerly nor am I perswaded ever would if it had not proceeded from those Colonels who were the first Motioners and Contrivers thereof for ought known to me and then to be ready to prevent and resist any Danger that the Gentlemen of the Kingdom like thereof and help us For we of our selves neither are able nor will do any thing therein without their Assistance I began according to the Directions that were sent with me to approve of their Resolution and also to let him know how sure he might be of the Assistance of those of Vlster Then he told us that for my more Satisfaction I should Confer with the rest of the Colonels themselves as many as are Privy to the Action and accordingly a Place of Meeting was appointed that After-Noon and on the Time and Place appointed there met Sir James himself Colonel Bourne and Colonel Plunket And that former Discourse being renewed they began to lay down the Obstacles to that Enterprise and how they should be Redressed First If there should War ensue how there should be Money had to Pay the Soldiers Secondly How and where they should procure Succors
of the Low-Countreys by Colonel O Neal who was sent after the Messenger sent by us formerly to the said Colonel was by him disappointed with his Answer to encourage us in our Resolution and to speedy Performance with assurance of Succour which he said would not fail of the Colonel's behalf and for the more certainty of help from him and to assure us that the Colonel had good hopes to procure Aid from others he said that it was he himself that was imployed from him to Cardinal Richelieu twice that some men who gave very fair promises to assure the Colonel's expectations with which he said that the said Colonel was really with himself assured of the Cardinal's Aid and that he was likewise commanded by the Colonel upon our Resolution of the day to give notice thereof to him and that he would be within 14 days over with them with Aid but he landed 9 or 10 days before and meeting with Captain Brian O Neal who made him acquainted with what was Resolved he did write all the matter to Colonel O Neal so as he was sure of his speedy coming And so that Evening he and I came to meet the other Gentlemen and there were met Mr. Moore Colonel Bourne Colonel Plunkett Captain Fox and other Lemster Gentlemen a Captain I think of the Bournes but I am not sure whether a Bourne or a Toole and Captain Brian O Neale and taking an account of those that should have been there it was found that Sir Phelim O Neale Mr. Collo mac Mahone did fail of sending their Men and Colonel Bourne did miss Sir Morgan Cavanagh that had promised him to be there but he said he was sure he would not fail to be that Night or the next Morning in Town And of the two hundred men that were appointed there were only eighty present yet notwithstanding they were resolved to go on in their Resolution and all the difference was at what time of the day they would set on the Castle and after some debate it was resolved in the Afternoon and the rather hoping to meet the Colonel there then for they said if they should take the Castle and be enforced by any extremity for not receiving timely succour out of the Country having them they could not want and so parted that Night but to meet in the Morning to see further what was to be done and immediately thereupon I came to my Chamber and about Nine of the Clock Mr. Moore and Captain Fox came to me and told me all was discovered and that the City was in Arms and the Gates were shut up and so departed from me And what became of them and of the rest I know not nor think that they escaped but how and at what time I do not know because I my self was taken that Morning But how long soever this Plot was contriving and how much soever the Parliament by their Papers Answers and Declarations indeavoured secretly to reflect upon the King and by the Mercenary Tongues and Pens of their Infamous Agents more openly that the Rebellion began by his Knowledge and Connivance and by that wicked Calumny laid all the Massacres and Murthers which they heightned to the utmost at His Majesties door thereby to dispossess him of the Allegiances and Affections of his Subjects yet it is more then probable the Rebellion would not have broke out then if ever had not the Committee of the Parliament of Ireland some of which were the Continuers of and Actors in it had too near a prospect of a Rupture between the King and the Two Houses and that it would inevitably and quickly come to a War for all other Circumstances in that Juncture threatned their unavoidable Ruine in the Attempt unless England and Scotland were Embroiled so as not to be able to suppress them as if it had not been for the succeeding Rebellion in England they could not but know would be very easily done and none but people mad and senseless would without such almost a certain prospect of the English Rebellion have been tempted to forfeit not only the Extraordinary Graces they had newly received from the King and the Indulgence afforded them in the Exercise of their Religion but their Lives and Fortunes also And for any hopes of Foreign Assistance the French and the Spaniard were at War and under all the Consequences of it necessity of Men and Money to supply their own Affairs and as the Reader may remember both the Ambassadors of those Princes were pressing both the King and Parliament for Men out of Ireland so far were they from supplying the Trish with any And for the Pope besides that he is never over liberal of the Temporal Treasure of the Church he was at a Distance too Remote and too impotent in Shipping to give them any Assistance indeed he might probably be very Prodigal of those cheap and useless Spiritual Treasures of the Church Indulgences Blessings Reliques and promises of Miracles in their Favour but had he imployed both the Swords and unlocked all the Treasures with St. Peter's Keys yet could he not without a real Miracle nay many have saved them from most unavoidable Ruine and Destruction had England and Scotland continued in Peace so that it will plainly appear that if not the Design yet the Execution of it at that time depended wholly upon the certain expectations of a Civil War and the Confusions that attend it which it was not difficult for the Irish Committees who were upon the Earl of Strafford's account very intimate with the Faction of the Parliament to discover and foresee And this is most certain that the Rebels of each side made great advantages of the Rebellion and as in probability the Irish had not then broke out but that they had the English Rebellion in view so the English Rebels made their first Levies of Men and Money with which they fought against the King under colour of suppressing the Irish Rebellion And this is most certain That had Ireland continued in Peace Scotland darest not have stirred as they did to give assistance to the English Rebels and indeed to give the Fatal Turn to the ballance of the War which then seemed to incline to the Royal Party and the great things Montross did there with a handful of Men easily shew what might have been done to the King's Assistance if Ireland had been in Peace So that if these Rebellions did not beget one another as 't is very probable they did 't is certain they fed and supported each others Flames and betwixt them burnt down both Church and State in these three miserable Kingdoms And that the Reader may see what the Irish Rebels said for themselves I have here subjoyned the Remonstrance which they published for their Vindication a Copy of which was procured from one Mr. Wentworth who had it from them while he was Prisoner among them and being Printed I find it among the Collection of the Prints of that
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
Illustrious Memory of the Royal Martyr from the Barbarous Calumny which the wickedest of Mankind indeavoured to fix upon him as being conscious of and favouring this Execrable Rebellion in Ireland Whereas this makes it evident beyond the possibility of contradiction that His Majesty took all the care imaginable to suppress the very first beginnings and motions towards an Insurrection And from hence one may also very probably conjecture at the reason why his Majesty was so willing to comply with the Desire of the Spanish Ambassador to Transport such a Number of the Irish for the Service of the King his Master and possibly this very information might be the great inducement which moved his Majesty to consent to their Transportation for rationally speaking had these Levies gone forward and the Military men of that Nation been sent abroad into the Service of Forreign Princes there could have been no Rebellion or at least nothing so formidable as it proved and that which seems to confirm the Conjecture is That the Roman Catholick Members of the House of Commons in Ireland who were acquainted with the Conspiracy did with all the Artifice and Industry imaginable as well as the English Parliament indeavour to obstruct the Transportation of the disbanded and discontented Souldiers among other Specious and Colourable Arguments * Vide Dr. Borlase's History p. 8. insinuating That the Spaniards having long born ill-will to England they did not know how soon those very Regiments acquainted with every Creek of the Kingdom might be returned on their own Bowels having naturally a love to their Religion which such an Incendiary as the King of Spain might soon inflame to the highest prejudice But however this Intimation given to the Lords Justices by Secretary Vane's Letter doth abundantly clear his Majesty from the least degree of Suspition of contriving fomenting or conniving at this Irish Rebellion so it will fix a blemish either upon the Integrity or Abilities of Sir William Parsons at least after having so fair Warning given that he should never be able to penetrate into the Plot of the Irish which sure a Chief Governor of Ireland could not want Means and Instruments to do till it was so ripe for Execution as to be impossible to prevent it and which is worse to be in no tolerable posture of Provision to Suppress and Extinguish it upon the first Eruption Nor did the Conspirators in Ireland fail to Use the same Arts and Methods which those of Scotland and England and indeed all Conspirators are wont to make Use of to raise up Fears and Animosities Jealousies and pretended Grievances to unhinge the People from their Allegiance by complaining of the Mal-Administration of the Government and Publick Affairs Salust in Conjur Catal. This the Historian tells us was one of the Master-Pieces of Cataline and his Associates illis quieta movere magna merces videbatur And thus did the Irish Conspirators for at the meeting of the Parliament the great business was complaints of Grievances and Impeachments of High Treason against the Prime Ministers of State Sir Richard Bolton Lord Chancellor of Ireland and others were Impeached of High Treason and the Bishop of Derry though contrary to all presidents of that Nature as was certified by the Lords Justices to the principal Secretary upon Search made by his Majesties Commands for that purpose but as Sir John Temple observes they had a design to draw the Government wholly into the hands of Natives thereby to facilitate the intended Alteration of the Constitution And upon this occasion the Popular Men displayed their Talents in aggravating Speeches to make things little in themselves swell and appear bulky and grievous Upon the Impeachment of Sir Richard Bolton c. Mr. Audley Mervin made this following Speech My Lords I Am commanded by the Knights Mr. Audley Mervin's Speech at the Exhibiting the Articles of High Treason against Sir Richard Bolton c. March 4. 1640. Citizens and Burgesses of the Commons House to present unto you Ireland's Tragedy the Gray-Headed Common Laws Funeral and the Active Statutes Death and Obsequies This dejected Spectacle Answers but the prefiguring Type of Caesar's Murther wounded to the Death in the Senate and by Brutus his Bosom Friend our Caesar's Image by Reflection even the Fundamental Laws and Statutes of this Kingdom the sole Means by which our Estates are confirmed our Liberties preserved our Lives secured are Wounded to Death in the Senate I mean in the Courts of Justice and by Brutus too even by those Persons that have received their Beings and Subsistance from them so that here enters those inseperable first Twins Treasons and Ingratitude In a plain Phrase My Lords I tender unto you Treason High Treason such a Treason that wants nothing but Words to express it To Counterfeit the King's Seal to Counterfeit the King's Money it is Treason but this dies with the individual Party To betray a Fort is Treason but it dies with a few Men. To betray an Army is a Treason but it dies with a Limited Number which may be reinforced again by Politick Industry To blow up both Houses of Parliament is Treason but succeeding Ages may replant Branches by a fruitful Posterity but this High Treason which I do now in the Name of the Houses of Commons charge and impeach Sir Richard Boulton Knight Lord Chancellor of Ireland and Sir Gerard Lowther Knight Lord Chief Justice of the Common-Pleas John Lord Bishop of Derry Sir George Ratcliffe Knight is in its Nature so far transcending any of the former that the rest seem to be but petty Larcenies in respect of this What is it to Subvert the Fundamental Laws of this Kingdom High Treason What is it with a contumacious Malice to Trample under Feet the rich Legacies of our Fore-Fathers purchased with Sweat and Expence I mean the Statute Laws what is it but High Treason What is it through an Innate Antipathy to the Publick Good to Incarcerate the Liberty of the Subject under the Iron and Weighty Chains of an Arbitrary Government High Treason What is it since his Majesty the most amiable and delightful Portraiture of Flourishing and Indulgent Justice to his Subjects to present him Personated in their Extrajudicial Censures and Judgments but to possess if possible the Hearts of his Loyal Subjects of this Kingdom That he is a Bloody and Devouring Tyrant and to provoke their never Dying Allegiance into a Fatal and Desperate Rebellion What is it to Violate the Sacred Grants of many of his Majesties Progenitors Kings and Queens of England Confirmed under the Broad Seal being the Publick Faith of this Kingdom by an Extrajudicial Breath grounded upon no Record What is it to Insert a Surreptitious Clause forged by some Servile Brain in the Preamble of our last Act of Subsidies by which the King 's Most Excellent Majesty and the Earl of Strafford are placed in one and the same Sphear allowing them but equal Influences to nourish the
Allegiance of this Kingdom what is this but to extol other then Regal Authority and to Crucify the Majesty of our Most Gracious Soveraign betwixt the two Thieves of Government Tyranny and Treason My Lords having such a full and lasting Gale to drive me into the Depth of these Accusations I cannot hereby Steer and Confine my Course within the Compass of Patience since I read in the first Volums of their Brows the least of these to be the certain Ruine of the Subject and if prov'd a most favourable Prologue to usher in the Tragedy of the Actors Counsellors and Abetters herein What was then the first and main Question it was the Subversion of the Fundamental Laws of this Kingdom Let then Magna Charta that lies Prostrated Besmeared and Grovelling in her own Gore discount her Wounds as so many Pregnant and Undeniable Proofs mark the Epethite Magna 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 confirmed by thirty Parliaments in the Succession of eight Kings the Violation of which hath several times ingaged the Kingdom of England in a Voluntary Sacrifice a Charter which imposeth that Pleasant and Wel-becoming Oath upon all Soveraignty to vindicate and preserve the Immunity thereof before the Crown incircle their Royal Temples in this Oath of so high consequence and general Interest his Majesty doth in a manner levie a fine to his Subjects use for avoiding all frandulent conveyances in the Administration of Justice And this Oath is transplanted unto the Judges as the Feoffees in trust appointed between his Majesty and the Subject and sealed by his Majesties provident care with that emphatical penalty that their Estates and Lives shall be in the Kings mercy upon the Violation of the same either in whole or in part neither hath the deserved punishment for the breach of this Oath enacted as fulgura ex vitrio or as bugbears to inforce the obedience of Children no my Lords the just execution of it upon their Predecessors though in breaches not so capital might have warned them to have strangled their ill born resolutions in the Cradle before they now proclaim their infancie and petition for their punishment Witness Sir Thomas Weyland his banishment confiscation of his Goods and Lands only for his mercenary Justice contrary to his Oath who was Chief Justice of the Common Pleas in the time of Edward the first Witness Sir William Thorp Chief Justice of the Kings Bench in the time of Edward the Third who was adjudged to be hanged because he had broken the Kings Oath made unto the People wherewith he was intrusted in the Roll. Now my Lords though Magna Charta be sacred for antiquity though its confirmation be strengthned by Oath though it be the proper Dictionary that expounds meum tuum and assignes a Subject his Birth-right yet it only survives in the Rolls but now miserable rent and torn in the practice These words Salvo contenemento live in the Rolls but they are dead in the Castle Chamber These words Nullus liber homo ejicitur è libero suo tenemento in praejudicium parium live in the Rolls but they are dead where property and free-hold are determined by paper-Petitions These words Nulli vendemus nulli differemus Justitiam live in the Rolls but they are dead when the Suites Judgments and Execution of the Subjects are wittingly and illegally suspended retarded and avoided Shall we desire to search the mortal wounds inflicted upon the Statute Laws who sees them not lying upon their death Bed stab'd with Proclamations their primitive and genuine tenures escheated by Acts of State and strangled by Monopolies Will you survey the Liberties of the Subjects every Prison spues out illegal Attachments and Commitments every Pillory is dyed with the forced Blood of the Subjects and hath ears though not to hear yet to Witness this complaint Do you doubt of the defacement of the amiable Offices of his Majesties most transplendent and renowned Justice and Grace let then that Microcosme of Letters Patents confirmed under his Majesties and his Predecessors broad Seal of the Kingdom being the publick faith thereof and yet unchristened by frivolous and private opinions rise up in Judgment let the abortive Judgment of the tenure in Capite where no tenure was exprest nay let the Heretical and Traiterous opinions where the Tenure was exprest yet to draw in all by Markets and Faires granted in the same Patents rise up in Judgments What glass hath this unhappy divided Kingdom from his Majesties presence and audience to contemplate the fair and ravishing form of his Royal intentions in but in the clear and diaphanous administration of his Justice and what do these Trayterous and Illegal practises aim at but in affront to his Majesty which we most tenderly resent and discontent to his Subjects to multiply as by a Magick Glass the Royal dispensation of his Favors into the ugly and deformed Visage of their Suppression of the Liberties Devastation of the Estates and the Deprivation of the Lives of his Loyal Subjects so that it may be said Regali Capiti cervicem consul equinam Jungere sic vellet variasque inducere plumas My Lords these ought to be considered with as serious an Ear as they were practised by mischievous Experiments Inquire of the Netherlands why their Fields are grown Fertile by the Inundation of Blood why the pensive Matrons solemnize too too frequent Funerals of their Husbands and Issue and they will Answer you it was for the Preservation of their Hereditary Laws which Tyranny would have innovated This Kingdom personated in the sable Habit of a Widdow with dishelved Hairs seems to Petition your Lordships That since she is a Mother to most of us yet certainly a Nurse unto us all that you would make some other for Redress of her Tyrannical Oppression These Persons Impeached resemble the opacous Body of the Earth interposed to Ecclipse that Light and Vigor which the solar Aspect of Majesty would communicate unto his Subjects They Imitate the Fish Sepia that vomits a Dark Liquor out of her Mouth to cloud the Waters for her securer Escape They are those whom to the Keys have been committed yet they have barred the Do or to them that Knoc't They are those Unnatural Parents that give their Children Stones instead of Bread and Scorpions for Fish Was it for this purpose that the Royal Authority situated them in these Eminent Places that like Beacons upon high Hills they should Discover and Proclaim each Innovation and Stratagem against the Publick Weal whilest they in the mean time imploy therein Fire to Publick Incendiary or like Ignes fatui seduce the easie and believing Traveller into Pits and unexpected Myres Were they sworn to Seal their Damnation and not their Confirmation of our Liberty Estates and Lives Shall a man be censured for Perjury in that Breach of his private Faith and those be justifiable in Treason aggravated by Perjury against the Dignity of the Crowns and Publick Faith of the Kingdoms No
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
Estates which may come Judicially before them 15. To the Fifteenth they say That they conceive that where Priviledges are claimed by any Body Politic or other the King's Council may exhibit a Quo Warranto to cause the Parties claiming such Priviledges to set forth and shew by what Warrant they claim the same and that the Court cannot hinder the issuing of Process at the Instance of the King's Attorney to exhibit such Information But when the Case shall upon the Proceedings be brought to Judgment then and not before the Court is to take notice and give Judgment upon the Merit and Circumstances of the Cause as upon due consideration shall be conceived to be according to Law in which Case the Judges nor the King's Attorney as they conceive ought to be punished by any ordinary Rule of Law or Statute that they know But for this particular Question of Quo Warranto for that it hath been a great Question in this present Parliament and concerns the highest Court of Justice in this Kingdom and also concerns two other of His Majesties Courts of Justice and therein His Majesties Prerogative in those Courts they cannot safely deliver any Opinion therein before it comes Judicially before them and that they hear it argued and debated by Learned Councel on both sides 16. To the Sixteenth they say That although the Jurors be the sole Judges of the matter of Fact yet the Judges of the Court are Judges of the Validity of the Evidence and of the matters of Law arising out of the same wherein the Jury ought to be guided by them And if the Jury in any Criminal Cause between the King and Party give their Verdict contrary to clear and apparent Evidence delivered in Court they have been constantly and still ought to be Censured in the Star-Chamber in England and Castle-Chamber here for this misdemeanour in perverting the right Course of Justice in such Fines and other punishment as the Merits and Circumstances of the Cause doth deserve according to the Course of the said Courts For that their Consciences ought to be directed by the Evidence and not be misguided by their Wills and Affections and if the Jury know any matter of Fact which may either better or blemish their Evidence they may take advantage thereof but they ought to discover the same to the Judges And they say That this proceeding in the Court of Castle-Chamber is out of the same ground that Writs of Attaint are against a Jury that gives a false Verdict in a Court of Record at the Common Law betwixt Party and Party which false Verdict being found by a Jury of 24 notwithstanding that the first Jurors were Judges of the Fact yet that infamous Judgment was pronounced against the first Jury which is next or rather worse then Judgment of Death and lay a perpetual brand of Perjury upon them for which reason it was Antiently called the Villainous Judgment And they say That the Law to direct the punishment for such Offence is the course of the said Court which is a Law as to that purpose and the Statute of 3 H. 7. cap. 1 2. and other Statutes of Force in this Kingdom 17. To the Seventeenth they say They can answer no otherwise then they have in their Answer to the next precedent Question 18. To the Eighteenth they say That in a Legal Construction the Statute of Magna Charta in which the words of Salvo Contenemento are mentioned is only to be understood of Amerciaments and not of Fines Yet where great Fines are imposed in Terrorem upon the reducement of them regard is to be had to the Ability of the Persons 19. To the Nineteenth they say That if one doth steal a Sheep or commit other Felony and after flyeth the Course of Justice or lyeth in Woods or Mountains upon his Keeping Yet he doth not thereby become a Traytor neither doth a Proclamation make him so the Chief use whereof in such a case is to invite the Party so standing out to submit himself to Justice or to forewarn others of the danger they may run into by Keeping him Company or giving him Maintenance or Relief whereby he may the Rather submit to Justice 20. To the Twentieth they say That the Testimony or Evidence of Rebels or Traytors under Protection or Thieves or other Infamous persons is not to be used or pressed as Convincing Evidence upon the Tryal of any man for his Life And so is his Majesties printed Instructions as to persons Condemned or under Protection yet the Testimony of such persons not condemned may be given in Evidence at the Tryal and being fortified with other Concurring Proof or Apparent Circumstances may be pressed upon any Tryal and for discovering their Fellows or Abettors or Relievers as the Circumstances may offer themselves in their Examination especially if before they Confess themselves guilty of the Offence in Imitation of the Approver at the Common Law whereof no Certain Rule may be given And it needs not be made a Question here Whether the Jurors or Judges ought to be Judges of the matter of Fact It being positively laid down in the 16th Question that they are and tho their false Verdict doth convince or not convince the Prisoner yet they may be questioned and punish'd for a false Verdict as in their Answer to the 16th is already declared 21. To the Twenty first they say That that Question is now judicially depending and hath been already solemnly argued in his Majesties Court of Wards in which Court their Assistance for declaration of the Law therein is already required And therefore they humbly desire they may not be compelled to give any Opinion touching that Point until it be resolved there 22. To the Two and twentieth they say That they do conceive there is no matter of Law contained in the said Question yet for further satisfaction of your Lordships they say That upon View of an Act of State bearing date at his Majesties Castle of Dublin the 24th of December 1636. grounded upon his Majesties Letters of the 5th of July last past it appears unto them that Four shillings in the pound as of his Majesties free Gift and Reward out of the first payment of the Increase of Rent reserved to his Majesty was allow'd unto the Judges that were Commissioners and attended that Service And they humbly conceive That the receiving of that Four shillings in the pound of his Majesties Bounty stands well with the Integrity of a Judge And those Judges did inform them That they did not avoid any Letters Patents upon those Commissions of Defective Titles but receive such to Compound as submitted for the strengthening of their defective Patents and Titles And such as would stand upon the Validity of their Grants were left to the Tryal of Law And that the Compositions made after the said Grants of 4 s. in the pound were made according to Rules and Rates agreed upon by all the Commissioners before his
Savage Cruelty upon the whole Irish Nation and all the Catholicks of that Kingdom many Persons of Honour were never in the least degree tainted with that Contagion but on the contrary have always given as signal Testimonies of their Affection and Duty to the King and of their detestation of that Odious and Bloody defection as any of his Subjects of either of his other Kingdoms have done whose memories must with equal justice and care be transmitted to Posterity as pretious Examples of Honour and Integrity others there were who by the Passion and Rigour of those who were then in Authority and had power enough to destroy whom they had inclination to suspect or accuse were driven to put themselves into the Protection of those whose ways and courses they totally disapproved and hated and many who were by mis-information and mis-belief ingaged in the carrying on and possibly contriving the War and Insurrection yet were mortally averse to those barbarous actions of Blood Rapine and Inhumanity which dishonour even the most just and lawful War One Circumstance of unhappy and impious Policy must not be forgotten by which the Bold Authors of that unnatural War in the first entrance into it promised to themselves notable advantages and which in truth as most of the policies of that kind brought unspeakable misery and devastation upon that Nation for the better seducing the People who having lived so long in Peace and Amity with the English were not without some Reverence to that Government and so could not in plain and direct terms be easily led into an avowed Rebellion against their King they not only declared and with great skill and industry published throughout the Kingdom that they took Arms for the King and the Defence of his Lawful Prerogative against the Puritanical Parliament of England which they said invaded it in many Parts and that what they did was by His Majesties Approbation and Authority And to gain Credit to that Fiction they produced and shewed a Commission to which they had fastened an impression of the Great Seal of England which they had taken off from some Grant or Patent which had Regularly and Legally passed the Seal and so it was not difficult to perswade weak and unexperienced Persons to believe that it was a true Seal The Rebels of Ireland counterfeit the King's Commission and Great Seal prejudicial to the King but Ruinous to them and real Commission from the King And by this Fatal Stratagem they cast so Odious an Imputation upon the King and upon those Persons who were worthily nearest him in his Affection and Councils that the Seditious Party in England who were then contriving all the Mischief they afterwards brought to pass used all their Arts to propagate those horrible Calumnies and to infuse into the Hearts of the People an Irreverence and Jealousy of the King Queen and those of nearest Trust to either of them so that his Majesty was even compelled for his own Vindication and lest he might be thought too faint a Prosecutor of an Enemy whose Insurrection it was said he himself had fomented to commit the whole Management of that War to the two Houses of Parliament and they having obtained this Power Interessed and trusted such Members of their own Body with the Ordering and Directing of the same as were resolved with most Passion Uncharitableness and Violence to Prosecute that whole Nation and the Religion that was most generally Exercised there and by this means all Persons who were to conduct both the Civil and Military Affairs in Ireland were drawn to a Dependence upon the Two Houses of Parliament at Westminster all Officers and Commanders for that War were Nominated and approved by them all Monies raised for that Service was Issued and Disposed only by their Orders from whence it came to pass that they who craftily intended to derive a Support and Countenance to themselves by using the King's Name to Purposes which he abhorred foolishly thereby defrauded and deprived themselves of that Protection and Mercy which his Majesty might have vouchsafed to them for their Reduction and Preservation for from this time when any thing was proposed of Extravagancy or overmuch Rigor which the Proposers said was necessary for the Carrying on of that War or if the King made any Scruple or Pause in giving his Consent to the same they straight declared That they were obstructed in sending Relief to the Poor Protestants in Ireland and then they published some particular Relations of the lamentable and inhumane Massacre made there by the Irish which were confirmed by Multitudes of miserable undone People who landed from thence in the several Parts of England who likewise reported the Rebels Discourse of executing all their Villainies by the King's Direction so that indeed it was not in his Power to deny any thing which they thought fit to say was necessary to the good Work in Hand Thus he was compelled to put all the Strong-Holds Towns and Castles in the Province of Vlster into the Possession of the Scots who were at that time by the greatest Managers believed to be more worthy to be trusted then the English with unusual Circumstances of Power and even an independency upon the Lord Lieutenant of Ireland and when his Majesty did but desire them to re-consider their own Proposition and reflect how much it might Trench upon the English Interest they suriously Voted That whosoever Advised his Majesty to that delay was an Enemy to the Kingdom and a Promoter of the Rebellion in Ireland thus his Majesty was necessitated to Consent to that Bill by which so great a Latitude was given to the disposal of Lands in the several Provinces of that Kingdom to those who adventured Mony in the War as that without the Interposition Shelter and Mercy of the Soveraign Power almost that whole People and their Fortunes were given up to the Disposal of their most Cruel and Mortal Enemies And lastly by this groundless and accursed Calumny thus raised upon the King full Power was devolved into their Hands who too much imitated the Fury and Inhumanity of the Irish in carrying on the War and proceeded with that Rigor and Cruelty in the shedding of Blood as was most detested by his Majesties Gracious and Mercisul Disposition Thus far this Excellent Author whose Words thô not Exactly accommodated to the Period of Time I have thought fit to insert here because they give the Reader a Landscape or short Map of all the Tragical Actions which filled the Scene of Ireland with Blood and Desolation and will be of excellent Use to the understanding of many future Passages in the Historical Account both of that and our own Miserable and Bleeding Nation Having given this Account of the beginning of the horrid Rebellion in Ireland Tuesday Novem. 2. the Reader must expect the continuation of it to be interwoven with the other great Affairs which were the misfortune of the present and will be the Wonder
may be just causes of those fears 1. They therefore desire their Lordships Expedition of the Ordinance concerning the Earls of Essex and Holland 2. An Answer concerning the securing the Persons of Recusants 3. Concerning the Government of the Isle of Wight and the fortifying the Forts of the Kingdom 4. That the Magazines in the County of Montgomery may be Sequestred into other hands for better security they being now in the hands of a Servant of a great Recusant 5. That Milford Haven may be fortified 6. That Sir Simon Harcourt may have a Commission to levy Soldiers for the Service of Ireland and that Thursday next may be the longest time of his stay here To these particulars the Lords gave these Resolutions 1. The Lords Answers To the first The House will Debate the Ordinance about the Earls of Essex and Holland to Morrow Morning 2. To the securing of the Persons of Recusants agreed 3. Touching the sequestring of the Isle of Wight into another hand their Lordships will take the same into confideration when the House of Commons present their Reasons why it should be taken out of the hand where it is now To the Forts they have formerly given in an account of the state of them and of the Charge which will be requisite to repair them and that the Money must proceed from them 4. To the fourth Agreed to 5. To the Fifth This House thinks it fit that Milford Haven be secured by appointing some Ships to ride in the Haven 6. To the Sixth The Lord Lieutenant of Ireland is to bring the Commission to Morrow Morning which he is to give to Sir Simon Harcourt for levying Men for the Service of Ireland This being done the Lord Keeper was appointed to acquaint the Commons who stayed in the Painted Chamber with the aforesaid Answers to their Propositions Mr. Maxwell the Gentleman-Usher gave this House an account Mr. Maxwell upon search finds no Priests That according to their Lordships Order he had searched diligently the Earl of Worcester 's House for Priests and Jesuits but can find none In the Commons House they were taken up with this new Plot and preparing Heads for the forementioned Conference And which is omitted in the Lords Journal it was desired That the Information which Beal hath given may be published It was also Ordered That St. German the French-man St. German committed to the Gate-house be committed to the Prison of the Gate-house and that no Man be suffered to speak with him but in the presence and hearing of a Keeper They were still busie in Hammering and Filing of the Remonstrance of the State of the Kingdom as appears by this Memorandum Memorandum That an Addition be made to the Declaration to this purpose to declare That this House intends to vindicate themselves from the Imputations laid upon them of discouraging of Learning and that they will advance Learning and the maintenance of Preaching Ministers They were very tender it seems of their Reputation but notwithstanding their Declaration it will remain an Eternal Riddle to Posterity how it can be possible to incourage Learning by taking away the Rewards of Industry And for their maintaining of Preaching Ministers they were as good as their Word indeed by suffering all that would to Preach and maintaining them in their Sacrilegious Usurpations upon the Sacred Function Report was made this day by the Lords Committees for the Irish Affairs That the Committees of both Houses for that business Wednesday Novemb. 17. have considered of these particulars That Power be given to the Lord Lieutenant of Ireland Irish Affairs for rewarding of secret services as is fit That convenient Posts be speedily set up between Beaumaris and Holy-Head And that the State of Scotland be moved to have the like care for Posts between Carlisle and Port-Patrick That Directions be sent by both Houses of Parliament to the Lords Justices of Ireland concerning the Prisoners Mac-Guire and Mac-Mahon to be Conveyed into England for their better security That the Protestation taken by both Houses be taken by all Officers and Commanders before they be employed in the service of Ireland which Propositions being read were Assented to It was Ordered Message to the Foreign Ambassadors concerning Jones and Andrews That the Right Honourable the Earl of Bristol the Earl of Holland and the Lord Brook shall forthwith Repair unto the several Ambassadors in and about the Cities of London and Westminster and desire them from the Parliament to dismiss out of their Houses such Priests as are the Kings Native Subjects and in case they shall be hereafter found abroad they shall not have any Protection but be Proceeded against according to the Laws of the Kingdom and to let them know That if the Persons of Father Jones and Father Andrews who were Accused for Treasâ—â— be received into their Houses the Parliament desires they may be presently delivered up Lord Lieutenant scruples the Validity of the Ordinance to Levy Men without the Great Seal Upon some Question made this day by the Lord Lieutenant of Ireland whether the Ordinance of Parliament for the granting him Power to give Commissions to Levy men for the Service of Ireland be of sufficient Validity without a Confirmation from His Majesty Thereupon the House did undertake to be Suitors to his Majesty to consirm the Autherity given to his Lordship by the King and the Parliament under the Great Seal of England And do Promise That they will be always ready to avow his Proceedings upon their Lordships aforesaid Orders in the mean time The Lord Lieutenant delivered a Copy of a Commission to be given to Commanders for the Levying of Men for Ireland which was Read and Approved of the Contents were as follow Robert Earl of Leicester Copy of a Commission to Raise Men for Ireland Viscount Lisle Baron of Penhurst c. One of His Majestie 's Most Honourable Privy-Council Lieutenant General of the Kingdom of Ireland and General of His Majestie 's Army there To Collonel WHereas the Lords Justices and Council of Ireland have advertised our Soveraign Lord King Charles and his High Court of Parliament now here Assembled of a suddain Insurrection aâ—d Rebellion in Ireland and have Humbly besought His Majesty to send some Succours unto his good Subjects there And his Majesty being now Absent in his Kingdom of Scotland hath recommended the Care of the said Kingdom of Ireland unto his Parliament of England and that in pursuit of his Majestie 's Pleasure so signified for as much as in this time of His Majestie 's Absence his Royal Commission according to the usual form cannot be so soon obtained as the necessity of the Kingdom doth require The Lords and Commons of the said Parliament now Assembled have by their Ordinance of the 6th of this present Month of November Authorized me by Warrant under my Hand and Seal to give one or more Commissions to such Captains Commanders or other
and with all giving him in Charge that in his Name he should return his Thanks to the whole City One would be apt to think by this Days Solemnity that there was not a more Loyal City or a more happy Prince in the whole Universe and to say the Truth it may be the better part of the City was never more sincere in their Affections to this most Excellent Prince and could they have kept the Governing Power in their Hands they would have given other Testimonies of their Loyalty then this Entertainment tho possibly one of the most Splendid Magnificent and well Managed that ever was given to a King of England But the prevailing Faction at Westminster who knew it would be impossible to carry on their Designs against the Monarchy without the Assistance of London the Magazine of Men and Money never ceased to actuate the Rabble and inferior Ranks of People and to Incense them against the Loyal and Governing Part till by Tumults Outrages and Violences they had wrested the Power wholly out of the Loyal Hands and vested it in such Persons as they were assured would be serviceable to their Interest and Designs as hereafter in the subsequent Relation we shall see And now possibly it will be expected that I should gratify the Reader with an Account of the Transactions of that Parliament in Scotland during his Majestie 's Presence among them and if I cannot herein Answer the Expectation of the Inquisitive I have this to plead in my own justification that the defect is not occasioned by my want of Industry For during the late aboad of his Royal Highness the Illustrious Prince James Duke of York in that Country to whose prudent Conduct not only Scotland owes so much for its present Peace Establishment and Tranquility but even England is as sensible of the good Effects of his Presence there as formerly it has been of the ill Influence the Counsels and Actions of that Nation have had upon the Affairs of this I writ to my very Worthy Friend Francis Turner Doctor in Divinity one of his Royal Highnesses Chaplains to procure me an Authentick Account of those Transactions from the Original Records of the Parliament of Scotland Who in Answer to my Request informed me how willing he was to oblige the Publick in that particular but that all those Records were irrecoverably lost for it seems in the time when that Scourge of God's Anger the late Usurper and Execrable Regicide Cromwel made his inroad into Scotland that he might set all the Marks of Slavery upon a Nation that had the Misfortune to fall under the Power of his Sword he brought along with him all the Publick Records of Scotland and deposited them in the Tower of London and when upon his most Gracious Majesties happy Restauration the King was pleased to command the restoring of them to that his Ancient Kingdom as a mark of his Favor and their regained Liberty the Ship which was imployed for their Transportation was unfortunately lost and Perished in her Voyage thither and though I did not the least doubt of the Truth of this Account from a Person of my Authors Integrity and Honor yet so Industrious was I to present the World with something that might look like an Indeavor to satisfie in this particular that hoping at least that the Titles of the Acts and Graces which then passed were not also Shipwrack't I had recourse to the Collection of the Scottish Laws and Statutes made by Sir Thomas Murray of Glendook and now lately Printed by his Majesties special Warrant but to my great disappointment from the Parliament holden in the Year 1633 in the Reign of the Royal Martyr till the year 1661 in the first Parliament holden in Scotland after his Majesties happy Restauration I find a Breach and Interruption and not so much as the Titles of any of those Acts which passed during the time of those dismal Revolutions Providence it self seeming concerned to Erase and obliterate the Records and Remembrance of the Disloyalty of that Generation of Men that so their Actions might not remain upon Record as ill Presidents to Posterity and indeed the Loyalty of the present Nobility and Gentry of that Kingdom has in a great measure expiated the Crimes and Errors of their Predecessors as will evidently appear both by their late firme adherence to the Interests of the Crown during the Commotions raised by the Presbyterian Faction in that Kingdom in the Year 1678. and by their annulling all the Proceedings of the Conventions Assemblies and Parliaments from the Year 1640 till the Year 1661. I have met with one Particular however in a little Book written as was supposed by Mr. James Howel concerning the Transactions of those Times where he mentions a Law which then passed which was very remarkable which he saith was the reviving of an old Statute to the same Effect Part of an Act of the Scottish Parliament 1641. making it Treason to levy Forces without the King's Commission which they caused to be Published throughout the whole Realm of Scotland by which it was Statute and Ordained That it should be detestable and damnable Treason in the highest Degree for any of the Scots Nation conjunctly or singly to levy Arms or any Military Forces upon any Pretext whatsoever without the King 's Royal Commission which I also find mentioned in the Continuation of Baker pag. 514. But it seems Presbyterians and Papists agree in this particular That no Faith is to be kept with Hereticks for they shortly after proved their own Popes and absolved themselves and the Nation from the Obligation of this Law by raising of Men and joyning with the English Rebels as in due time we shall see It is most certain that at this time the King complied to the utmost with the Desires of the Scottish Parliament insomuch that they could scarce Request so fast as he Granted his Majesty being resolved to put one of his Kingdoms if possible into a Posture of Peace and Quietness Several Honors were likewise then Conferred among the rest the Marquiss of Hamilton was created a Duke and General Leshly Earl of Leven of whom I meet with these two remarkable Particulars Leshly was so transported at this extraordinary Bounty and unexpected as well as unmerited Honor that he often protested and once particularly at Perth upon his Knees in the House of the Earl of Kenoul that he would never again bear Arms against the King but he not long after made the Poet a Prophet verifying the Verse Nulla Fides Pietasve viris qui Castra sequuntur And for Duke Hamilton there having been a pretended Conspiracy against him and Argyle which though the Proof amounted to nothing at all yet the Information had some oblique Reflections upon his Majesty the King who could not conceal his resentment of this Carriage in Hamilton which he had so little merited from him when he delivered him his Patent of Duke in Parliament according
to the Custom of that Nation he told him that he had not deserved to be distrusted by him who could not but remember that when he was accused to him of High Treason yet he permitted him even then to lye in his Bed Chamber this made Hamilton outwardly appear much troubled for having given the King so just occasion of Displeasure but his great Interest in the Faction formerly mentioned out of the Earl of Manchester's Memoires notwithstanding all that hath been said by an able Pen in vindication of him seems not able to guard his Innocence from the common Fame which went of him that he betrayed the greatest Secrets of the King to the Junto which managed the two Houses of Parliament and that by the opportunity of being of the Bed-Chamber he took the Letters out of the King's Pockets and from them gave Informations of several things to the Party much to the disadvantage of the King's Affairs There is another thing which I cannot omit which is a Letter of His Majesties to Mr. Nicholas Clerk of the Council from Edinburgh which I found in the Paper Office which was as follows I Hear it is reported That at my Return The King's Letter to Mr. Nichols Clerk of the Council of his Resolution to maintain the Church of England I intend to alter the Government of the Church of England and to bring it to that Form as it is here Therefore I Command you To assure all my Servants that I will be constant to the Discipline and Doctrinâ— of the Church of England Established by Queen Elizabeth and my Father and that I resolve by the Grace of God to die in the maintenance of it Edinburgh Oct. 18. 1641. Charles R. Having made this little Holiday with the short gleam of Sun-shine in His Majesties Affairs we must now return to the old Trade again of diging the Quarries of Rebellion The King having sent for the Lord Keeper Friday Novemb. 26. the House gave him leave to attend upon his Majesty and appointed the Lord Chief Justice of the Common Pleas to be Speaker of their House till he returned Upon his return he informed the House That his Majesty had Commanded him to let their Lordships know That whereas he intended this day to have come to this House his Majesty is diverted upon some important business at this time and withal he is very hoarse with a Cold but his Majesty intends very shortly to come to this House The Lord Chamberlain signified to this House E. of Essex delivers up his Commission of Cap. General on the South-side of Trent That the King being returned home his Lordship hath delivered up his Commission of Captain General of the South Parts of this Kingdom into his Majesties Hands so that his Lordship cannot now take any Order for the Guarding of the Parliament as was Ordered by the Parliament therefore he desired their Lordships to consider of what Course is fit to be taken herein he having now no Power to obey their Commands Hereupon it was Resolved to communicate the matter to the House of Commons at a Conference which was done accordingly The Lord Keeper declared A Message from the King concerning Guards of the Parliament That he had received a Command from the King that the Houses should be made acquainted That His Majesty hearing that the Parliament have appointed Guards for securing the Houses he presumes they did it upon some Reasons but his Majesty not knowing any Reasons It is his Majesties Pleasure That the said Guards be dissolved for now his Majesty hopes that his Presence will be a Protection to the Parliament But if there be Occasion and his Majesty sees Reasons for it he will be very forward to take Care there be sufficient Guards to secure the Parliament Which was also ordered to be added to the Conference which was to be with the Commons In the Commons Journal there is the same Message with this addition That if need be to have a Guard hereafter his Majesty will be as glad to have a Guard as any other A Message was also sent by George Goring Esq To let their Lordships know That the House of Commons desire their Lordships would be pleased to send some few Lords to Petition his Majesty in the name of both Houses That the Guards may be continued still and they will within a few dayes bring up some Reasons to satisfie his Majesty for the same For the debating of this the House was adjourned into a Committee during pleasure and the House being Resumed it was put to the Question Whether this Question should be put viz. Whether this House shall joyn with the House of Commons to Petition the King that the Guards may be continued for some few dayes within which time there may be some Reasons given for the further continuance of them And it was Resolved upon by the major part in the Negative Then the House agreed That the Message brought from the House of Commons should be the Question â—â—d be put in Terminis as it came up from them and the Lord Keeper was appointed to write as near as he could remember the very Words of the Message which his Lordship having read the House did conceive some words were Dubious for the satisfying whereof the Messengers of the House of Commons were called in and the Lord Keeper sitting in his place upon the Woolsack told them That there was some doubt of some Words in the Message which the House desired to be satisfied in and then the Lord Keeper going down to the Barr as Usually he does when he receives Messages the Messengers of the House of Commons repeated their Message again and the L. Keeper being returned to his place as Speaker reported the said Message in these Words viz. That the House of Commons desired that their Lordships would send some Lords to the King in the Names of both Houses To beseech his Majesty to continue the Guards till they may satisfie his Majesty of the Reasons why they conceive it necessary to have a Guard which they intend to do within a few dayes And then it was Resolved upon the Question by the Major part That this House doth joyn with the House of Commons in their desire And the Earl of Warwick and the Lord Digby were Ordered to attend his Majesty to move him in it according to the Message Saturday Novemb. 27. Reasons against single Troops for forming the Cavalry into Regiments The Lord Kimbolton Reported from the Committee for Irish Affairs a Paper containing the Reasons of the Assistants to the Committee for the Forming the Troops of Cavalry into Regiments under Colonels and Sergeant Majors 1. By reason of the continual Debate that would otherwise arise among the Officers and their want of Obedience of one to another 2. For the more speedy way as well in issuing as receiving the Orders for the better Executing of any Commands whatsoever 3. For the Exact
preparing of Articles against him but they shall be ready in convenient time to give him a Charge And in regard they hear he is not well they are contented he shall be removed to * Now Somerset-House Denmark House he putting in Caution not to go to Court and to appear when he shall be required Hereupon it was Ordered That Phillips shall upon these Cautions finding Sureties be released from his imprisonment in the Tower It was also Ordered That the Lords the Bishops that are Impeached shall be heard by their Council on Friday next at the Bar what they can say why this Motion should not be granted But the Faction of the Commons were resolved Tumults as before they had done in the Case of the Earl of Strafford to obtain that by the Force of Tumults that they could not obtain by Law or Reason The Lords however were so sensible of this affront put upon the Freedom of the Parliament that it was Ordered That all the Judges do consult among themselves what Course is fit to be taken to prevent Riots Routs and unlawful Assemblies and having considered of the Laws and Statutes in this Case to present their opinions to the House to morrow Morning and in the mean time to have a Conference with the Commons concerning the Tumults In the Commons House Serjeant Wild Reports the Conference That the Lord Keeper told the Committee That their Lordships had received Information of great numbers of People gathered together in a Tumultuous Vnusual and Disorderly manner about the Houses of Parliament and therefore desired the Commons House to joyn with them in a Declaration to remove them and that for these Two Reasons First If these disorders should continue they might render the good Acts and Provisions of this Parliament of suspicion to Posterity by the interpretation of ill Ministers Secondly Because it did not stand with the Dignity of Parliament to suffer such Tumults to be so near the Houses of Parliament The House being informed That Phillips had a Trunk brought to him to the Tower by Two Capuchins it was Ordered That the Lieutenant of the Tower and Sir William Parkhurst shall search his Trunk and if there be any Papers that concern the State to secure them till the pleasure of this House be known The Committee formerly named to wait upon the King with the Petition and Declaration were Ordered to go forthwith to present them to the King Sir Edward Deering to read it to His Majesty and in his absence Sir Ralph Hopton to read it If he be absent the Committee to appoint the Person that shall read it Accordingly the Committee went this day and attended His Majesty with the said Petition and Remonstrance which as I find it Printed in Husband's Collections was in these words The Petition of the House of Commons which Accompanied the Declaration of the State of the Kingdom Most Gracious Soveraign YOur Majesties Most Humble and Faithful Subjects the Commons in this present Parliament Assembled The Petition and Declaration of the State of the Kingdom delivered by the Commons to the King at Hampton-Court Dec. 1. 1641. do with much thankfulness and joy acknowledge the great Mercy and Favour of God in giving your Majesty a safe and peaceable return out of Scotland into your Kingdom of England where the pressing dangers and distempers of the State have caused us with much earnestness to desire the comfort of your Gracious Presence and likewise the Unity and Justice of your Royal Authority to give more Life and Power to the Dutiful and Loyal Counsels and endeavours of your Parliament for the prevention of that imminent ruine and destruction wherewith your Kingdoms of England and Scotland are threatned The Duty which we ow to your Majesty and our Country cannot but make us very sensible and apprehensive that the multiplicity sharpness and malignity of those Evils under which we have now many years suffered are fomented and cherished by a corrupt and ill-affected Party who amongst other their mischievous devices for the alteration of Religion and Government have sought by many false scandals and imputations cunningly insinuated and dispersed amongst the People to blemish and disgrace our Proceedings in this Parliament and to get themselves a Party and Faction amongst your Subjects for the better strengthening of themselves in their wicked courses and hindring those Provisions and Remedies which might by the wisdom of your Majesty and Council of your Parliament be opposed against them For preventing whereof and the better Information of your Majesty your Peers and all other your Loyal Subjects we have been necessitated to make a Declaration of the State of the Kingdom both before and since the Assembly of this Parliament unto this time which we do humbly present to your Majesty without the least intention to lay any blemish upon your Royal Person but only to represent how your Royal Authority and Trust have been abused to the great prejudice and danger of your Majesty and of all your good Subjects And because we have reason to believe that those Malignant Parties whose Proceedings evidently appear to be mainly for the advantage and encrease of Popery is composed set up and acted by the subtile practice of the Jesuits and other Engineers and Factors for Rome and to the great danger of this Kingdom and most grievous affliction of your Loyal Subjects have so far prevailed as to corrupt divers of your Bishops and others in prime places of the Church and also to bring divers of these Instruments to be of your Privy-Council and other employments of trust and nearness about your Majesty the Prince and the rest of your Royal Children And by this means hath had such an Operation in your Council and the most Important Affairs and Proceedings of your Government that a most dangerous division and chargeable Preparation for War betwixt your Kingdoms of England and Scotland the encrease of jealousies betwixt your Majesty and your most Obedient Subjects the violent distraction and interruption of this Parliament the Insurrection of the Papists in your Kingdom of Ireland and bloody Massacre of your people have been not only endeavoured and attempted but in a great measure compassed and effected For preventing the final accomplishment whereof your poor Subjects are enforced to engage their Persons and Estates to the maintaining of a very expenceful and dangerous War notwithstanding they have already since the beginning of this Parliamenâ— undergone the Charge of 150000 Pounds Sterling or thereabouts For the necessary support and supply of your Majesty in these present and perillous Designs And because all our most faithful endeavours and engagements will be ineffectual for the Peace Safety and Preservation of your Majesty and your People if some present real and effectual course be not taken for suppressing this wicked and malignant Party We Your Most Humble and Obedient Subjects do with all faithfulness and humility beseech your Majesty 1. THat you will be
sway in all their determinations and if they be not prevented are likely to devour the rest or to turn them into their own nature In the beginning of his Majesties Reign the Party begun to revive and flourish again having been somewhat dampt by the breach with Spain in the last year of King James and by his Majesties Marriage with France the Interest and Counsels of that State being not so contrary to the good of Religion and the Prosperity of this Kingdom as those of Spain and the Papists of England having been ever more addicted to Spain then France yet they still retained a Purpose and Resolution to weaken the Protestant Parties in all Parts and even in France whereby to make way for the Change of Religion which they intended at Home The first Effect and Evidence of their Recovery and Strength was the dissolution of the Parliament at Oxford after there had been given two Subsidies to his Majesty and before they received Relief in any one Grievance many other more miserable Effects followed The loss of the Rochel Fleet by the help of our Shipping set forth and delivered over to the French in opposition to the Advice of Parliament which left that Town without Defence by Sea and made way not only to the loss of that important Place but likewise to the loss of all the Strength and Security of the Protestant Religion in France The diverting of his Majesties course of Wars from the West-Indies which was the most facile and hopeful way for this Kingdom to prevail against the Spaniard to an expenceful and unsuccessful Attempt upon Cales which was so ordered as if it had rather bin intended to make us weary of War then to prosper in it The precipitate breach with France by taking their Ships to a great value without making recompence to the English whose Goods were thereupon imbar'd and confiscate in that Kingdom The Peace with Spain without Consent of Parliament contrary to the promise of King James to both Houses whereby the Palatine Cause was deserted and left to Chargeable and Hopeless Treaties which for the most part were Managed by those who might justly be suspected to be no Friends to that Cause The charging of the Kingdom with Billeted Soldiers in all Parts of it and that Concomitant Design of German Horse that the Land might either submit with Fear or be inforced with Rigour to such Arbitrary Contributions as should be required of them The dissolving of the Parliament in the second Year of his Majesties Reign after a Declaration of their Intent to grant five Subsidies The exacting of the like proportion of five Subsidies after the Parliament dissolved by Commission of Loan and divers Gentlemen and others imprisoned for not yeilding to pay that Loan whereby many of them contracted such sicknesses as cost them their Lives Great Summs of Money required and raised by Privy Seals An unjust and pernicious attempt to extort great Payments from the Subject by way of Excise and a Commission issued under Seal to that purpose The Petition of Right which was granted in full Parliament blasted with an illegal Declaration to make it destructive to it self to the Power of Parliament to the Liberty of the Subject and to that purpose printed with it and the Petition made of no use but to shew the bold and presumptuous injustice of such Ministers as durst break the Laws and suppress the Liberties of the Kingdom after they had been so Solemnly and evidently declared Another Parliament dissolved 4 Car. the Privilege of Parliament broken by imprisoning divers Members of the House detaining them close Prisoners for many Months together without the Liberty of using Books Pen Ink or Paper denying them all the Comforts of Life all Means of preservation of Health not permitting their Wives to come unto them even in time of their Sickness And for the compleating of that Cruelty after Years spent in such miserable durance depriving them of the necessary means of Spiritual Consolation not suffering them to go abroad to enjoy God's Ordinances in God's House or God's Ministers to come to them to administer Comfort unto them in their private Chambers and to keep them still in this oppressed Condition not admitting them to be bailed according to Law yet vexing them with Informations in inferior Courts Sentencing and Fining some of them for Matters done in Parliament and Extorting the Payments of those Fines from them inforcing others to put in Security of good Behaviour before they could be released The Imprisonment of the rest which refused to be bound still continued which might have been perpetual if necessity had not the last year brought another Parliament to relieve them of whom one died by the cruelty and harshness of his Imprisonment which would admit of no relaxation notwithstanding the Imminent Danger of his Life did sufficiently appear by the Declaration of his Physician And his release or at least his refreshment was sought by many humble Petitions And his Blood still cryes either for Vengeance or Repentance of those Ministers of State who have at once obstructed the course both of his Majesties Justice and Mercy Upon the Dissolution of both these Parliaments untrue and scandalous Declarations Published to asperse their Proceedings and some of their Members unjustly to make them odious and colour the Violence which was used against them Proclamations set out to the same purpose and to the great dejecting of the hearts of the People forbidding them to speak of Parliaments After the Breach of Parliament in the fourth year of his Majesty Injustice Oppression and Violence broke in upon us without any restraint or moderation and yet the first project was the great Sums exacted thorough the whole Kingdom for default of Knighthood which seemed to have some colour and shadow of a Law yet if it be rightly examined by that obsolete Law which was pretended for it it would be found to be against all the Rules of Justice both in respect of the persons charged the proportion of the Fines demanded and the absurd and unreasonable manner of their Proceedings Tonnage and Poundage hath been received without colour or pretence of Law many other heavy impositions continued against Law and some so unreasonable that the sum of the Charge exceeds the value of the Goods The Book of Rates lately inhansed to a high proportion and such Merchants as would not submit to their Illegal and unreasonable Payments were vexed and oppressed above measure and the ordinary course of Justice the common Birth-right of the Subject of England wholly obstructed unto them And although all this was taken upon pretence of Guarding the Sea yet a new and unheard of Tax of Ship-money was devised upon the same pretence By both which there was charged upon the Subject near 700000 Pounds some years and yet the Merchants have been left so naked to the violence of the Turkish Pirates that many great Ships of value and thousands of his Majesties Subjects
so impudent as to tell his Majesty that we have done nothing for him As to the Second Branch of this slander we acknowledge with much thankfulness that his Majesty hath passed more good Bills to the advantage of the Subjects then have been in many ages but withal we cannot forget that these venemous Councils did manifest themselves in some endeavours to hinder these good Acts and for both Houses of Parliament we may with truth and modesty say thus much That we have ever been careful not to desire any thing that should weaken the Crown either in just profit or useful power The Triennial Parliament for the matter of it doth not extend to so much as by Law we ought to have required there being two Statutes still in force for a Parliament to be once a year and for the manner of it it is in the Kings Power that it shall never take effect if he by a timely Summons shall prevent any other way of assembling In the Bill for continuance of this present Parliament there seems to be some restraint of the Royal Power in dissolving of Parliaments not to take it out of the Crown but to suspend the execution of it for this time and occasion only which was so necessary for the Kings own security and the publick Peace that without it we could not have undertaken any of these great charges but must have left both the Armies to disorder and confusion and the whole Kingdom to Blood and Rapine The Star-Chamber was much more fruitful in Oppression then in profit the great Fines being for the most part given away and the rest stalled at long times The Fines of the High Commission were in themselves unjust and seldome or never came into the Kings Purse These four Bills are particularly and more specially instanced in the rest there will not be found so much as a shadow of prejudice to the Crown They have sought to diminish our reputation with the people and to bring them out of love with Parliaments the aspersions which they have attempted this way have been such as these that we have spent much time and done little especially in those Grievances which concern Religion That the Parliament is a burthen to the Kingdom by the abundance of Protections which hinder Justice and Trade and by many Subsidies granted much more heavy then any they formerly endured to which there is a ready Answer if the time spent in this Parliament be considered in relation backward to the long growth and deep root of those Grievances which we have removed to the powerful supports of those Delinquents which we have persued to the great necessities and other charges of the Commonwealth for which we have provided or if it be considered in relation forward to many advantages which not only the present but future Ages are like to reap by the good Laws and other Proceedings in this Parliament we doubt not but it will be thought by all indifferent judgments that our time hath been much better imployed then in a far greater proportion of time in many former Parliaments put together and the charges which have been laid upon the Subject and the other inconveniencies which they have born will seem very light in respect of the benefit they have had and may receive And for the matter of Protections the Parliament is so sensible of it that therein they intend to give them whatsoever ease may stand with Honour and Justice and are in a way of passing a Bill to give them satisfaction They have sought by many subtile practices to cause Jealousies and divisions betwixt us and our Brethren of Scotland by slandering their proceedings and intentions towards us and by secret endeavours to instigate and incense them and us one against another They have had such a Party of Bishops and Popish Lords in the House of Peers as hath caused much opposition and delay in the Prosecution of Delinquents and hindred the Proceedings of divers good Bills passed in the Commons House concerning the reformation of sundry great abuses and corruptions both in Church and State They have laboured to seduce and corrupt some of the Commons House to draw them into Conspiracies and Combinations against the Liberty of the Parliament And by their instruments and Agents they have attempted to disaffect and discontent his Majesties Army and to engage it for the maintenance of their wicked and Traiterous Designs the keeping up of Bishops in Votes and Functions and by force to compel the Parliament to order limit and dispose their proceedings in such manner as might best concur with the intentions of this dangerous and potent Faction And when one mischievous Design and Attempt of theirs to bring on the Army against the Parliament and the City of London had been discovered and prevented they presently undertook another of the same damnable Nature with this Addition to it to endeavour to make the Scottish Army neutral whil'st the English Army which they had laboured to corrupt and invenome against us by their false and slanderous suggestions should execute their Malice to the subversion of our Religion and the dissolution of our Government Thus they have been continually practising to disturb the Peace and Plotting the Destruction even of all the Kings Dominions and have employed their Emissaries and Agents in them all for the promoting of their Devilish Designs which the vigilancy of those who were well affected hath still discovered and defeated before they were ripe for Execution in England and Scotland only in Ireland which was farther off they have had time and opportunity to mould and prepare their work and had brought it to that perfection that they had possessed themselves of that whole Kingdom totally subverted the Government of it rooted out Religion and destroyed all the Protestants whom the conscience of their duty to God their King and Country would not have permitted to joyn with them if by Gods wonderful providence their main enterprize upon the City and Castle of Dublin had not been detected and prevented upon the very Eve before it should have been executed Notwithstanding they have in other parts of that Kingdom broken out into open Rebellion surprized Towns and Castles Committed Murders Rapes and other Villanies and shaken off all bonds of obedience to his Majesty and the Laws of the Realm and in general have kindled such a fire as nothing but God's Infinite Blessing upon the wisdom and endeavours of this State will be able to quench it and certainly had not God in his great Mercy unto this Land discovered and confounded their former Designs we had been the Prologue to this Tragedy in Ireland and had by this time been made the lamentable spectacle of Misery and Confusion And now what hope have we but in God when as the only means of our subsistence and Power of Reformation is under him in the Parliament but what can we the Commons without the conjunction of the House of Lords and what
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
Holiness and love of Sin Will work their destruction which now doth begin Their Curbing the Gospel will kill their own growth Go Toll the Bell for them and eke for their Broth. Nor were they who pretended to be Poets on the other side idle but pelted them with Rolands much like the others Olivers I will give the Reader but Two or Three Stanza's of a Litany month January 1641. lest I surfeit him of this sort of Mechanick Wit which yet wanted not Truth From all dissembling Sep'ratists and those That snuffle their unlearned Zeal in Prose As if the way to Heaven was through the Nose Libera nos c. From those that dare work ill in every Season And are so far from Sanctity or Reason They dare believe there 's Piety in Treason Libera nos c. From them which nothing but false Rumors Rear And likewise those which lend such Men an Ear Who publish for a Truth all which they hear Libera nos c. From those indiff'rent Men that know no Guide Who are from their Allegiance so wide That come what will they 'l take the strongest side Libera nos c. But the number of the Malicious and Seditious Pamphlets did far exceed those that had any thing honest in them And how trivial soever such things may appear yet it is incredible what mischief they do and what Impressions they make upon the credulous Vulgar and it may be a piece of Policy not misbecoming the wisest States-men to obviate such Arts as seeming little yet are of such universal dangerous influence upon the lower Ranks of People whose hands act those mischiefs which the more cunning heads of the Faction contrive and I know not any one thing that more hurt the late King then the Paper Bullets of the Press it was the Scandalous and Calumniating Ink of the Faction that from thence blackned him and represented all his Words and Actions to the misguided People who would difficultly have been perswaded to such a horrid Rebellion if they had not been first prepossessed by the Tongues and the Pens of the Faction of strange and monstrous Designs which they said the King and his evil Councellors the Bishops and Malignants who were all by these Pamphlets stiled Papists and Atheists had against their Lives Liberties and Religion But I crave the Reader 's pardon for this seeming digression and now let us pursue our Voyage through this Tempestuous New Year The King that the whole World might see how sollicitous he was in every thing for the deplorable State of Ireland which the Faction were so far from relieving in good earnest that they were angry at the beating up of Drums for Volunteers for that Service issued out his Royal Proclamation for the suppressing of those Rebels as follows By the KING A Proclamation for the suppressing the Rebellion in Ireland Jan. 1. 1641. WHereas divers lewd and wicked Persons have of late risen in Rebellion in Our Kingdom of Ireland surprized divers of Our Forts and Castles possessed themselves thereof surprized some of Our Garrisons possessed themselves of some of Our Magazins and Munition dispossessed many of Our Good and Loyal Subjects of the British Nation and Protestants of their Houses and Lands robbed and spoiled many thousands of Out good Subjects of the British Nation and Protestants of their Goods to great Values Massacred Multitudes of them imprisoned many others and some who have the Honor to serve Vs as privy Counsellors of that Our Kingdom We therefore having taken the same into Our Royal consideration and abhorring the wicked Disloyaity and horrible Acts committed by those Persons do hereby not only declare Out just Indignation thereof but also do declare them and their Adherents and Abettors and all those who shall hereafter joyn with them or commit the like Acts on any of Our good Subjects in that Kingdom to be Rebels and Traitors against Out Royal Person and Enemies to Our Royal Trown of England and Ireland And We do hereby strictly Charge and Command all those Persons who have so presumed to rise in Arms against Vs and Our Royal Authority which We cannot otherwise interpret then Acts of High Rebellion and detestable Disloyalty when therein they spoil and destroy Out good and loyal Subjects of the British Nation and Protestants that they do immediately lay down their Arms and forbear all further Acts of Hostility wherein if they fail We do let them know That We have Authorized Our Iustices of Ireland and other Our Chief Governor or Governors and General or Lieutenant General of Our Army there and do hereby accordingly require and authorize them and every of them to prosecute the said Rebels and Traitors with Fire and Sword as Persons who by their high Dissoyalty against Vs their Lawful and undoubted King and Sovereign have made themfewes unworthy of any Mercy or Favour wherein Our said Iustices or other Chief Governor or Governors and General or Lieutenant General of Our said Army shall be countenanc'd and supported by Vs and by Our powerful Succors of Our good Subjects of England and Scotland that so they may reduce to Obedience those wicked Disturbers of that Peace which by the blessing of God that Kingdom hath so long and so happily injoyed under the Government of Our Royal Father and Vs and this Our Royal Pleasure We do hereby require Our Iustices or other Chief Governor or Governors of that Our Kingdom of Ireland to cause to be publish't and Proclaimed in and throughout Our said Kingdom of Ireland Given under Our Signet at Our Palace at Westminster the first day of January in the Seventeenth Year of Our Reign 1641. God save the King The King at his last being in Scotland Munday January 3. had gained Informations there of the secret Intrigues of the Faction and their Contrivances to promote the Scottish Invasion and Rebellion and that they were Meditaâ—ing the same Course in England And therefore this day the Lord Keeper Signified to the House of Lords That he was commanded by the King to let their Lordships know that his Majesty hath given Mr. Attorney General Command to Acquaint their Lordships with some Particulars from him Hereupon Mr. Attorney standing at the Clerks Table said That the King had Commanded him to tell their Lordships that divers Great and Treasonable Designs and Practices against him and the State have come to his Majesties knowledge for which the King hath given him Command in his Name to Accuse And did Accuse six Persons of High Treason and other High Misdemeanors by delivery of the Articles in Writing which he had in his hand which he received from his Majesty and was Commanded to desire your Lordships to have it read In which Articles the Persons Names and the Heads of the Treason were contained Which Articles were Commanded to be read and were in these words Articles of High Treason and other High Misdemeanors against the Lord Kymbolton Mr. Denzil Hollis Sir Arthur Hasterigg
by the King with the whole consent of his Parliament And in this I observe a twofold Subjection in the particular Members thereof dissenting from the General Votes of the whole Parliament And 2ly the whole state of the Kingdom to a full Parliament First I confess If any particular Member of a Parliament although his Judgment and Vote be contrary do not willingly submit to the rest he is an ill Subject to the King and Country Secondly To resist the Ordinance of the whole State of the Kingdom either by stirring up a dislike in the Hearts of his Majesties Subjects of the Proceedings of the Parliament to endeavour by levying of Arms to compel the King and Parliament to make such Laws as seem best to them to deny the Power Authority and Priviledges of Parliament to cast Aspersions upon the same and Proceedings thereby inducing the King to think ill of the same and to be incensed against the same to procure the untimely Dissolution and Breaking off of the Parliament before all things be settled by the same for the Safety and Tranquillity both of King and State is an apparent sign of a Trayterous and Disloyal Subject against his King and Country And thus having troubled your Patience in shewing the difference between true Protestants and false Loyal Subjects and Traytors in a State or Kingdom and the means how to discern them I humbly desire my Actions may be compared with either both as I am a Subject Protestant and Native in this Country and as I am a Member of this present and happy Parliament and as I shall be found guilty upon these Articles Exhibited against my self and the other Gentlemen either a bad or a good Subject to my Gracious Soveraign and Native Country to receive such Sentence upon the same as by this Honourable House shall be conceived to agree with Law and Justice It is prodigious to see with what Confidence some Persons durst appeal to God and Man and certainly ex ore tuo may most truly be applied to this unhappy Gentleman who by his future Actions upon his own declared Principles proved himself to be that ill and disloyal Subject whom he doth here take such Pains to delineate nor is it less remarkable that as he was one of the first who was in Actual Hostility against the King so contrary to his own avowed Declaration here so was he one of the first who fell in that unnatural Rebellion receiving his mortal Wound in a Skirmish near Chinner in Bucks upon the same Turf where he had assembled the County to frame those Petitions which first led the Nation into Sedition and afterwards into down right Rebellion from whence Posterity may learn what little Credit is to be given to the deepest Protestations of Loyalty and Asseverations of Innocence of such Persons whose Guilt has driven to dispair of any other Security from the Punishment of their ill Actions but what is to be hoped from doing Worse and that the Professions of Loyalty in such Cases are but purely to palliate and hide their Guilt from the view of the World and to avoid the horrid Imputation of Treason a Crime which because it is naturally destructive of humane Society is universally the hatred of Mankind Mr. Brown who was one of those sent to the Gentlemen of the Inns of Court Reports from the Gentlemen of Lincolns-Inn That they went to the Court first upon a general Report that his Majesties Person was in danger This Afternoon his Majesty came in Person to the House of Commons and having Seated himself in the Speaker's Chair he spake as followeth Gentlemen I Am sorry for this occasion of coming unto you The King's Speech in the House of Commons concerning the five Members Jan. 4 1641. Yesterday I sent a Serjeant at Arms upon a very important occasion to apprehend some that by My Command were Accused of High Treason whereunto I did expect Obedience and not a Message And I must declare unto you here That albeit no King that ever was in England shall be more careful of your Priviledges to maintain them to the utmost of His Power then I shall be yet you must know that in Cases of Treason no Person hath a Priviledge And therefore I am come to know if any of those Persons that were Accused are here For I must tell you Gentlemen That so long as those Persons that I have Accused for no slight Crime but for Treason are here I cannot expect that this House can be in the right way that I do heartily wish it Therefore I am come to tell you that I must have them wheresoever I find them Well since I see all the Birds are flown I do expect from you that you shall send them unto Me as soon as they return hither But I assure you in the Word of a King I never did intend any force but shall proceed against them in a Legal and fair way for I never meant any other And now since I see I cannot do what I came for I think this no unfit occasion to repeat what I have said formerly That whatsoever I have done in favour and to the good of My Subjects I do mean to maintain it I will trouble you no more but tell you I do expect as soon as they do come to the House you will send them to Me otherwise I must take My Own course to find them So soon as his Majesty was gone the Faction in the House was all in a flame and after the heats were a little over it was Resolved upon the Question That this House shall Adjourn it self till to morrow at One of the Clock There was not any one Action of which the Faction made greater advantage then this of his Majesties coming to the House in Person to demand the five Members the Faction blew the whole Nation into a blaze with their Out-cries upon it and it did not escape odd Interpretations even from those who professed themselves his Friends It is but just therefore that we should hear his Justification which I cannot give the Reader better then from his own Incomparable Pen. Which therefore take as follows MY going to the House of Commons to demand Justice upon the five Members 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon his Majesties going to the H. of Commons to demand the five Members was an Act which my Enemies loaded with all the Obloquies and Exasperations they could it filled indifferent Men with Jealousies and Fears yea and many of my Friends resented it as a Motion rising rather from Passion then Reason and not guided with such discretion as the touchiness of those times required But these Men knew not the just Motives and pregnant Grounds with which I thought my self so furnished that there needed nothing to such Evidence as I could have produced against those I charged save only a free and Legal Tryal which was all I desired Nor had I any Temptation of displeasure or revenge
certainly most men of my opinion were at their Devotions they were not able after four hours debate to expose me either upon the main matter or upon the by unto the least reprehension For the thing it self I will say no more of it but that it hapned to be upon a very unpopular argument but the cause and circumstance of the printing it was this I did not find only that it was unfaithfully reported and uncharitably interpreted but was inform'd that Copies went abroad of it so falsly and maliciously collected as made the whole Speech a justification of my Lord of Straffords innocence and Sir Lewis Dives having heard of such a Copy in the House of a Citizen of good quality where he heard me mentioned as a person fit to have his name fixt upon posts that I might be torn in pieces by the people upon that Reason earnestly desired me to give him a true Copy of what I had said in that Argument which I did and he forthwith gave direction for the printing it without any privity of mine Yet if I had consented to it and directed it I profess I should little have imagin'd that at a time when there was such an universal licence taken to Print every thing of how great irreverence soever either to Church or State with Impunity a Speech made in the House of Commons a Speech so narrowly and severely sifted and examined there and yet let pass without the least censure either on the Speech it self or the Author that the Printing of such a Speech should rise to so high a nature as to make me for ever uncapable of any Honour or Employment in the Common-Wealth I profess could hardly have faln within my Reason or fears to suspect And yet 3 months after the fact committed after the Printing of an 100 Speeches more by other men after my having several times sued and pressed for a hearing whilst I was of the House of Commons after by his Majesties favour I had sate six or seven weeks a Member of the House of Peers after all this no less a Judgment as far as the Vote of the House of Commons could contribute to it passed upon me unheard over and above the shame of having the Speech it self burned by the hand of the Hangman How I bore this affliction with what anxiety of mind to my self with what temper and submission to that Honourable Assembly from whence the blow came as many of my near friends can testifie the first so the envy or malice of no man can reasonably and justly tax me as unto the other How other young men upon no greater a stock of innocence then mine might have suffered themselves to be transported upon such misfortunes not to give them any other term I leave to those to judge who have not been so long brought up in the School of affliction As this censure fell upon me for many Moneths after the fault objected so it rested within those Walls where it begun without ever desiring a concurrence from that Court where I was only to be judged and where I could only answer for my self and hope for a vindication which increased my sufferings to an unspeakable height that I could by no means clear my self in the place where I received the wound nor could take notice of it where I might be cleared by my Peers for fear of breach of Priviledge of Parliament Though my censure were known to all the Kingdome yea I may say to my infamy in print with forreign Nations Under this weight enough to have broken a Body and a Mind better prepared for these Exercises then mine I suffered till the Rudeness and Violence of that Rabble drave both their Majesties for the Safety of themselves and their Children to Hampton-Court whither by Command I attended them In this short Journey many Soldiers and Commanders who had Assembled themselves joyntly to solicite the Payment of their Arrears for the late Northern Expedition from the two Houses of Parliament waited on their Majesties and leaving them at Hampton-Court provided their own Accommodations at Kingston the next Place of Receipt and still so used for the over-plus of company which the Court it self could not entertain To these Gentlemen of whom few or none were of my Acquaintance and to this Place was I sent by his Majesty with some Expressions of his Majesties good Acceptance of their Service and returning the same Night to Hampton-Court continued my attendance to Windsor whither their Majesties then repaired I had not been there one Day when I heard that both Houses of Parliament were informed that I and Colonel Lunsford a Person with whom I never exchanged twenty Words in my Life had appeared in a Warlike manner at Kingston to the Terror of the King's Liege People and thereupon had Ordered That the Sheriff of Surrey and as I conceive that all other Sheriffs throughout England should raise the Power of their several Counties to suppress the Forces that he and I had Levyed When first this news was brought me I could not but slight it as a ridiculous Rumour for being most certain that I had never been at Kingston but only upon that Message of the King 's to forty or fifty Gentlemen totally Strangers to me with whom I stayed not the space of half an Hour at most and in no other Equipage then a Coach and six hired Horses with one single Man in the Coach with me and one Servant riding by I thought it utterly impossible for the most Romancy it self at so neer a distance to raise out of that any serious matter of Scandal or perjudice upon me But when soon after I received from some of my Friends not only a Confirmation of that seeming Impossibility but a particular Accompt of the manner of it How some Information concerning me at Kingston had been referred to the Examination of a Committee of my sharpest Enemies how the fix Coach Horses I appeared with there were turned by them into six score Horses and that Mistake I know not by what prevalence of my Unhappiness or of my Enemies Credit not suffered to be rectified by other Witnesses there who affirmed the Truth Finding my self in this sad Condition but twenty Miles off and not knowing how the People in other Places might be terrified if reports concerning me should spread but in a proportionable Rate to remoter Distances they being now derivable from such considerable Authors I must confess I then began to look upon my self as a Person of that rare Misfortune that my Reputation would not weigh down the most improbable or impossible Accusation but fit to receive any Imputation of Guilt the most mischievous or malitious Instrument of Calumny could invent And in this Condition with no other Discontent then not believing my Self much indebted to the World for good Usage I procured his Majesties License to Transpâ—â—t a Person of so great Inconvenience and Danger out of his Dominions into another Countrey and
Whether he doth know or have heard who did Frame Contrive or advise the same or any of them To this he answered That he would deal clearly freely and Ingeniously and that he should say the same which he had before delivered to the Lords and should need no long time to answer this for that he had done none of these three that is neither Framed Advised these Articles or any of them and would be contented to die if he hid Secondly Being demanded whether he knew the truth of these Articles or any of them of his own knowledge or had it by Information To this he Answered He did know nothing of his own knowledge of the truth of these Artitles or any part of them nor hath heard it by Information All that ever he hath heard concerning this was from his Master Thirdly Being asked whether he will make good these Articles when he shall be thereunto called in due course of Law To this he Answered He cannot do it nor will not do it otherwise then as his Master shall Command him and shall Enable him no more then he that never heard of them can do it Fourthly Being asked from whom he received these Articles and by whose direction and advice he did Exhibit them He answered He did Exhibit them by his Masters Command and from his hands he did receive them Fifthly Being asked whether he had any Testimony or Proof of the Articles before the Exhibiting of them He gave this Answer That he received the Command of his Majesty but whether he had any proof then offered or intimation of Testimony to make good those Articles he desired time to consider of it he was pressed again to make answer to this but desired time to consider of it saying there was a secret trust between a Master and Servant much more in this Case The great Design of this Examination was to have got out who were the Witnesses of this Accusation that so they might have fallen upon them and worried them to death and though nothing was more justifiable then this Plea of Secrecy to which Mr. Attorney was obliged by his Oath from which they could have no power to Absolve him Yet it did so Exasperate the Faction that it was Ordered That some way be thought of for Charging Mr. Attorney by this House as Criminous for Exhibiting those Articles in the Lords House against Members of this House without any Information or proof that appears and that this House and the Gentlemen Charged by him may have Reparation from him and that he may put in good Security to stand to the Judgement of Parliament And it was Resolved Votes against the Attorney General c. That this Act of Mr. Attorney 's in this Impeachment against Members of this House is Illegal and a High Crime Resolved c. That the Lords shall be desired That Mr. Attorney may put in good Security to stand to the Judgement of Parliament And Mr. Whitlock Serjeant Wild Mr. Hill Mr. Glyn Mr. Brown Mr. Rigby and Mr. Buller were appointed a Committee they or any three of them to withdraw presently and prepare a Charge against Mr. Attorney upon the Votes of the House And that Posterity may see how Zealous these People after all their pretensions were for the Relief of Ireland Collonel Hill and Lieutenant Bowles Delinquents for raising Volunteers for Ireland It was Resolved c. and Ordered That Collonel Hill and Robert Bowles his Lieutenant shall be forthwith sent for as Delinquents by the Serjeant at Arms attending on this House for beating up Drums and raising of Men contrary to the Ordinance of Parliament And that all Constables and other Officers be assisting to the Serjeant in the Execution of his Warrant And that Mr. Whistler Mr. Pury Mr. Smith and Mr. Hill shall search in such Offices as they shall think fit to see if any Commissions or other Warrants have been granted to any Person or Persons for Levying of Men. A Paper was delivered by Mr. Hambden from the Scotch Commissioners which was read in these words OUr Treaty concerning the Irish Affairs being so oft interrupted by the Emergent Distractions A Paper of the Scotch Commissioners offering their Mediation to the King c. gives us occasion to desire your Lordships and those Noble Gentlemen of the House of Commons for to present to the Honourable Houses of Parliament that we having taken to our Consideration the manifold Obligations of the Kingdom of Scotland to our Native and Gracious Soveraign his Person and Government confirmed and multiplyed by the great and Recent Favours bestowed by his Majesty on that Kingdom at his last being there and settling the troubles thereof and considering the mutual Interest of the Kingdoms in Welfare and Prosperity of others acknowledged and Established in the late Treaty And finding our selves warranted and obliged by all means to labour to keep a right Understanding betwixt the Kings Majesty and his People to confirm that Brotherly affection begun between the two Nations to advance their Unity by all such ways as may tend to the Glory of God and Peace of the Church and State of both Kingdoms to render thanks to the Parliament of England for their assistance given to the Kingdom of Scotland in settling the late Troubles thereof wherein next to the Providence of God and the Kings Majesties Justice and Goodness they do acknowledge themselves most beholding to the Mediation and Brotherly kindness of the Kingdom of England and likewise to proffer our selves for removing all Jealousies and mistakings which may arise betwixt the Kings Majesty and this Kingdom and our best indeavours for the better Establishment of the Affairs and quiet of the same We do therefore in the name of the Parliament and Kingdom of Scotland acknowledge our selves next to the Providence of God and his Majesties Justice and Goodness most beholding to the Mediation and Brotherly kindness of the Kingdom of England in many respects especially in condescending to the Kings Majesties coming to Scotland in the midst of their great Affairs whereof we have tasted the sweet and comfortable Fruits and do heartily wish the like happiness to this Kingdom And as we are heartily sorry to find our Hopes thereof deferred by the present distractions growing daily here to a greater height and out of the sense thereof have taken the Boldness to send our humble and faithful advice to the Kings most Excellent Majesty for remedying of the same to the just satisfaction of his People so out of our duty to his Majesty and to testifie our Brotherly Affection to this Kingdom and acquit our selves of the Trust Imposed upon us We do most Earnestly beseech the most Honourable Houses in the deep of their Wisdoms to think timously upon the Fairest and Fittest Ways of Composing all present differences to the Glory of God the good of the Church and State of both Kingdoms and to his Majesties Honour and Contentment Wherein if our
Faithful endeavours may be any way useful we shall be most ready at all occasions to contribute the same 15th of Jan. 1641. Ja. Primrose The very same Paper Verbatim was 〈◊〉 their request presented to the Lords by the Lord Lieutenant of Ireland After the reading of this Paper Sir Philip Stapleton Mr. Long and Mr. Arthur Goodwin were Ordered to return thanks from the House of Commons to the Scotch Commissioners for their good Affections Exprest to this State and Parliament and likewise to desire to know of them what it is that they have sent unto his Majesty by way of Advice To which Sir Philip Stapelton brought this answer That most of the Commissioners were gone from the place of Meeting not expecting any Message from this House besides they have not as yet sent the Paper to the King by reason they could not get Post-Horses and till such time as his Majesty hath first received the same they conceive it not so fit it should be made known But upon Monday morning they make no doubt to give this House full satisfaction I know no reason I have to make the Reader stay till Monday whose Expectation may be as willing to be gratified with a sight of this Paper as the House of Commons were and therefore I present him with it as followeth To the King 's most Excellent Majesty The Humble desires of the Commissioners of his Majesties Kingdom of SCOTLAND WE your Majesties humble and faithful Subjects The Petition and advice of the Commissioners of Scotland to the King by way of Mediation considering that the Mutual Relation betwixt your Majesties Kingdoms of Scotland and England is such as they must stand or fall together and the disturbance of the one must needs disquiet and distemper the Peace of the other as has been often acknowledged by them both and especially in the late Treaty which is ratified in Parliament and confirmed by the publick Faith of the Estates of your Majesties ancient and Native Kingdom of Scotland so that they are bound to maintain the Peace and Liberties of one another being highly concerned therein as the assured means of the safety and preservation of their own And finding our selves Warranted and obliged by all means to labour to keep a right Vnderstanding betwixt your Majesty and your People to confirm that Brotherly Affection betwixt the two Nations to advance their Vnity by all such ways as may tend to the Glory of God and Peace of the Church and State of both Kingdoms and aykways to proffer our service for removing all Jealousies and mistakes which may arise betwixt your Majesty and this Kingdom and our best endeavours for the better Establishment of the Affairs and quiet of the same that both your Majesties Kingdoms of Scotland and England may be Vnited in the enjoying of their Liberties in Peace under your Majesties Scepter which is the most assured Foundation of your Majesties Honour and Greatness and of the security of your Royal Person Crown and Dignity We have taken the Boldness to shew your Majesty that we are heartily sorry and grieved to behold these Distractions which increase daily betwixt your Majesty and your People and which we conceive are entertained by the wicked Plots and Practices of Papists Prelates and their Adherents whose aim in all these Troubles has not been only to prevent all further Reformation but also to subvert the Purity and Truth of Religion within all your Majesties Kingdoms for which end their constant Endeavours have been to stir up Divisions betwixt your Majesty and your People by their Questioning the Authority of Parliaments the lawful Liberties of the Subjects and real Weakning your Majesties Power and Authority nay all upon pretence of Extending the same whereof by Gods Providence being disappointed in your Majesties Kingdom of Scotland these have now converted thir Mischievous Councels Conspiracies and Attempts to produce these distempers in your Majesties Kingdoms of England and Ireland And therefore according to our Duty to your Majesty to testifie our Brotherly Affection to this Kingdom and acquit our selves of the trust Imposed in us We do make offer of our humble Endeavours for composing of these differences And to that purpose do beseech your Majesty in these Extremities to have Recourse to the sound and faithful advice of the Honourable Houses of Parliament and to repose thereupon as the only assured and happy means to Establish the Prosperity and quiet of this Kingdom And in the depth of your Royal Wisdom to consider and prevent these Apprehensions of Fear which may possess the Hearts of your Majesties Subjects in your other Kingdoms if they shall conceive the Authority of Parliament and the Rights and Liberties of the Subject to be here called in Question And we are confident that if your Majesty shall be graciously pleased to take in good part and give Eare to these our humble and faithful Desires that the success of your Majesties Affairs howsoever perplexed shall be happy to your Majesty and joyful to all your People over whom that your Majesty may long and prosperously Reign is the Fervent and Constant Prayer of us your Majesties Faithful Subjects and Servants It was likely to come to a hopeful issue for his Majesty and all his Loyal Friends when those who had by Rebellion wrested from him so great a share of his Sovereignity and Regal Authority undertook to be Umpires and Mediators in a difference to which they were Principal Parties and to compose those differences which the Faction following their Example were resolved should be determined by no other terms of Accommodation then his Majesties parting with the Sword which Guarded his Septer and which they were resolved either to have or to force it from him by the down-right strength of a most deep rooted and formidable Rebellion But what thanks soever they had for this officious diligence from the King they received many thanks from both Houses for the affection expressed to the Kingdom in the advice which they gave the King in this Paper which was mightily to the Grace of the Faction and Tuned to the humor of the Times which charged all the Miseries and Distractions upon the King 's refusing the sound advice of his great Council the Parliament This day an Order was made in the Lords House Munday January 17. The Lo. Nettervile's Son ordered to be brought before the Lords for the bringing up to the Lords in Parliament Mr. Thomas Netterville Son to the Lord Neterville who was stayed in Chester by the Mayor of the place upon Suspicion and the Lord Admiral was Ordered to write to the Mayor thanks from the House of Lords for his care in staying the said Mr. Netterville Then the Lord Duke of Richmond Reported the King's Answer to the Message delivered to him Jan. 15th The King's Answer to the Bill for adjournment Hull c. 1. Concerning his Majesties Assent to be given to the Bill for the Adjourning of the Parliament
the two Houses did as confidently aver for positive and undoubted Truths as if they had had a Discovery under the King or the Queens own Hand and Seal and to make the People believe it they so vigorously pressed that the Queen might make an Open and Publick Declaration to be sent to Ireland disavowing all manner of Countenance or Assistance to the Rebels or the Rebellion which was designed purposely to blemish Hers and the King's Honor by spreading the Suspition which the Faction had that they were concerned secretly in this detestable Rebellion There were indeed some great Persons I doubt not who gave the Rebels all the Countenance Encouragement and Assistance they could Possibly but I am for setting the Saddle upon the Right Horse Cardinal Richelieu I make no doubt who was in his time the great Incendiary of Europe and who had had a great share in the management of the Scottish Rebellion as before hath been observed had also a very great Influence both upon this Rebellion in Ireland and that which followed it in England as in due time I shall indeavour to make it appear And to fortifie this Opinion I will present the Reader with the Information of Mr. James Wishert a Scot who in a Letter to Mr. Pym gives this account of himself and the Intelligence he got among the Rebels during the space of 12 Weeks that he was a Prisoner among them and since I have not found that Mr. Pym made this Information publique which confirms me in the Opinion that this was a tender point and Richelieu too much a Friend to their own wicked designs to be discovered or Exposed I think my self bound to give Posterity all the light I have been able to discover to enable them to look into the dark and horrid Contrivances of the Conspirators of that Age and the rather in regard it may be a Caution to succeeding Times and may give them some Reason to suspect that there may be dangerous Confederacies even between the Pretenders to Reformation and the greatest Papists though for different Ends the Reformers to secure themselves from Justice by embroyling the Nation and the Popish Ministers of Forreign Nations to keep us busie at home that so we might not be at leizure to keep the ballance even as the Kings of England have ever had the Honour to do but that our hands being tied behind us by domestique Divisions they might be at Liberty by the Power of their Arms to Extend their Empire and Ambition beyond the Bounds and Limits within which the Wisdom of former Ages had restrained them The Information was as followeth OCcurrences that I learned for truth the time of my Bondage Mr. Wishert's Information that Cardinal Richlieu somented the Irish Rebellion First by Mr. Thomas Flemyng Father-in-Law to the Lord Inchekilling and divers others in the Camp That General O Neil with the Rebels had sent one Christopher Ultache a Frier to the Cardinal Richelieu whom he detained five Weeks till he should see further of their Success then they sent another Frier called Newgent with whom they sent the true Relation of all their proceedings whereupon the Cardinal hath assured to send them 16000 Sute of Arms for Foot and 6000 for Horse to Dunkirk and from thence to be sent to Wexford there to be received by the O Tooles Bearns and the Mac Farralds and if they could not land there to land at Carlingford to be received by the Mac Gennis'es and Mac Carties As also that Con Oghe O Neil the Lawful Heir of the House of Tyrone with Colonel Preston Vncle to the Viscount Gormanstown are in West Flanders and have written to all the Irish in the Spanish Service the Emperor's Service or elsewhere and they are to meet them at Dunkirk and so to come from thence with all the Provisions they can make That Tredagh is of such Consequence that the Rebels Esteemed it of Inestimable Value in regard of the Strength thereof the Ammunition of Ponder Ball Cannon and other things therein and of the near Situation thereof to Dublin the Rebels assured themselves of the Kingdom if they had it and Dublin were not able to resist them John Wishert To his Trusty and Well beloved Mr. John Pym. Upon the 16th of November the Parliament met at Dublin where little was done more than the making this ensuing Protestation The Protestation and Declaration of the Lords Spiritual and Temporal and Commons in Parliament Assembled WHereas the Happy and Peaceable Estate of this Realm hath been of late and is still interrupted by sundry Persons The Protestation and Declaration of the Irish Parliament against the Rebellion ill-affected to the Peace and Tâ—anquillity thereof who contrary to their Duty and Loyalty to his Majesty and against the Laws of God and the Fundamental Laws of this Realm have Trayterously and Rebelliously raised Arms seised upon his Majesties Forts and Castles and dispossessed many of his Faithful Subjects of their Houses Lands and Goods and have slain many of them and committed other Cruel and Inhumane Outrages and Acts of Hostility within this Realm The said Lords and Commons in Parliament assembled being justly moved with a right Sense of the said Disloyal and Rebellious Proceedings and Actions of the Persons aforesaid do hereby Protest and Declare That the said Lords and Commons from their Hearts do detest and abhor the said Abominable Actions and that they shall and will to their uttermost Power maintain the Rights of his Majesties Crown and Government of this Realm and the Peace and Safety thereof as well against the persons aforesaid their Abettors Adherents as also against all Forreign Princes Potentates and other persons and attempts whatsoever And in case the persons aforesaid do not repent of their aforesaid Actions and lay down Arms and become humble Suitors to his Majesty for Grace and Mercy in such convenient time and in such Manner and Form as by his Majesty or the Chief Governor or Governors and the Council of this Realm shall be set down the said Lords and Commons do further protest and declare That they will take up Arms and will with their Lives and Fortunes suppress them and their Attempts in such a way as by the Authority of the Parliament of this Kingdom with the approbation of his Excellent Majesty or of his Majesties chief Governor or Governors of this Kingdom shall be thought most effectual Some overtures of an Accommodation however were made by some of the Rebels as appears by this Letter Addressed to the Lord Dillon Viscount of Costeloe one of the Lords of the Council of Ireland which he presented to the Board upon the 10th of Novemb. 1641. Our very Good Lord. OUR Alliance unto your Lordships Ancestors The Longford Letter to the Lord Viscount Costeloe Nov. 10. 1641. and your self and the Tryaal of your and their performance of Trust unto their Friends in their greatest Adversity encourageth us and engageth your Honour to our
open Rebels of mere Irish but the Natives Men Women and Children joyn together and fall on their Neighbours that are English or Protestants and Rob and Spoil them of all they have nor can we help it for want of Men Arms and Money being fearful to separate too farr the little Strength we have here in Dublin lest we be besieged and yet we have bin necessitated this Day to send some of those we could hardly spare to deliver some of the King's Subjects in the County of Wickloe likewise to send some to Drogheda for addition of Strength so as in the mean time we must indure those publick Affronts to be put upon us Yet if the 10000 Foot and 2000 Horse which are to come from England and the 10000 Men which are to come from Scotland be sent us immediately with 200 thousand Pounds in Money and Arms to arm more Men here we conceive some hope to overcome even this next Summer this Rebellion with Honor to his Majesty and future safety to the Kingdom but if those Succors be not totally sent but lessened then the War will be drawn out into a length of time which will be more troublesom and chargeable to England and less comfortable to the good Subjects here We beseech your Lordship to send some Ingineer hither as soon as conveniently may be we being here in great want of such We also pray That the Shipping intended for guarding these Coasts may be hastned away we finding great Cause of Doubt by several Examinations taken that the Rebels expect Aids from Forraign Parts both of Men and Arms. And lastly We beseech your Lordship that all Noblemen and Gentlemen who have Estates in this Kingdom and are now in England may be commanded away hither to partake in the labor of Keeping as they have hitherto injoyed the Fruit of having those Estates After the Prorogation of the Parliament several Members of both Houses were deputed by Commission under the great Seal and accordingly had Instructions from the Lords Justices to treat with the Rebels but their little Successes and the ill Destiny which hung over their Heads rendred them so Insolent that those Indeavors proved fruitless and ineffectual to that Degree that in Contempt and Disdain of the Offers of Peace they tore the Order of Parliament and the Letter that was sent unto them Matters growing every day more desperate the Lords Justices and Council addressed themselves to the Speaker of the Commons House in England to press the performance of the necessary Relief which had been so often promised from thence The Letter was in these Terms SIR THe Advertisements we have from the Lord Lieutenant of this Kingdom A Letter from the Lords Justices and Council to the Speaker of the Commons House in England 27 Nov. 1641. and from you of the continued Care expressed by that Honorable House for the deliverance of this Kingdom and his Majesties faithful Subjects therein from the present Calamities under which we now groan have brought unto us great Comfort and inward Contentment And therefore we crave leave to acknowledg with all Thankfulness the great Wisdom and Piety therein manifested by that Honorable House to the preservation of God's true Religion the Glory of his Sacred Majesty the Honor of that Nation and the prepetual Comfort of all his Majesties faithful Subjects It yet remains that all possible Speed be used in hastning unto us the Succors designed for us lest otherwise they come too late to derive to this Kingdom the benefit intended them by that Honorable House and so We remain From his Majesties Castle of Dublin 27 November 1641. Your very assured loving Friends William Parsons La. Dublin J. Dillon Adam Loftus Ja. Ware Ormond Ossory Ant. Midensis Go. Shurley John Borlase R. Dillon Cha. Lambert J. Temple Robert Meredith Whilest the Rebels thus daily increased in Success and consequently in strength and Numbers and that Supplies were very slowly advanced in England Earl of Ormond made Lieutenant General of the Army in Ireland and the Earl of Leicester designed by his Majesty for that Government made no great hast the slowness of the Parliaments Preparations indeed not permitting him to repair to that important and now dangerous and now troublesome Charge he by the King's Approbation made the Earl of Ormond Lieutenant General of the Army and accordingly sent him a Commission to that purpose And doubtless both his Quality and great Interest in that Nation and a Fidelity to the Crown of England drawn down from so long a discent of Illustrious Ancestors of most approved Loyalty as well as the particular esteem which the Wise and Noble Earl of Strafford had entertained of his promising Merits gave his Majesty a full Assurance and Satisfaction in that Choice which as afterwards those greater Trusts which his Majesty was pleased to confer upon him he discharged with that extraordinary Prudence Courage and matchless Loyalty as will for ever set his Reputation and Honor among the Chief of those great Names who have been transmitted to Posterity both for their brave and Generous Actions and admirable Constancy in suffering all the Miseries of an adverse Fortune rather than comply with such terms as might blemish and fully their Memories with the least stain of disloyalty or infidelity to their Religion Prince and Country as the Part which his Lordship had both in the better and more sinister Fortune of his King and Country will in the Ensuing History make most evident His Lordship being vested in this Command made all the application he was capable of and the narrow Circumstances of Affairs would then admit to put things into a Posture to oppose the Rebels and accordingly Levies of Men were made at Dublin and divers of the poor people who from all Parts came flocking thither for Sanctuary being dispoiled by the Rebels were formed into Companies and Regiments but they were a sort of raw unexperienced and dispirited Men and not likely to prove good Souldiers in so short a time as the Event justified For the Rebels under the Command of Sir Phelim O Neal drawing down towards Tredagh upon which Place they had fixed their chief Design the Lords Justices upon Information from Sir Henry Tichburn the Governor there resolved to send a re-inforcement to that Garrison which was a Place of such Importance as that upon the preservation or loss thereof depended in a great measure the Fate of the whole Kingdom Accordingly 600 Foot under the Command of Major Roper and a Troop of Horse under the command of Sir Patrick Weames were immediately ordered to March for Tredagh the very day that they parted from Dublin there was an Advertisement brought to the Board that some of the Rebels Army was passed over the River Boine with an Intention to intercept them in their Passage whereupon the Earl of Ormond by Direction from the Council dispatched an Express to advertise them thereof and from thence to pass on to Tredagh and
confident that we cannot be so deserted by the State of England but that some supplies may yet come unto us And therefore on the third of December we directed our Letters to divers of the Nobility of the Kingdom who were nearest to us and most of them being of the English Pale to be with us here on the eighth day of this Month that we might confer with them concerning the present state of the Kingdom and we hoped by their help to handle the matter so as we might gain a few days time before our surprisal here by which time in all likelihood our Succours might arrive although it be boldly given out by the Rebels that we shall have no Succours from thence which they divulge to embolden their party and to strike terror and discouragement into the well-affected amongst whom there are many so weak as to apprehend from thence too much fear whereby many are fled the Kingdom On the eighth day of the Month the Earl of Kildare the Lord Viscount Fitz Williams and the Lord Baron of Houth came unto us but the rest of the Noblemen not coming deferred our conference and on the eleventh day of this Month we received Letters from seven of them namely the Earl of Fingale the Lord Viscount Gormanston the Lord Viscount Nettervile and the Lords of Slaine Trimblestone Dunsany and Lowth dated the seventh day of this Month and signed by them pretending a fear of a Massacre on those of their Religion and that therefore they are deterred to wait on us but do rather think it fit to stand upon their guard and how that resolution of theirs may stand with the Loyalty they profess we humbly submit to your Majesties Excellent Judgment for whose Royal View we send you here inclosed a Copy of their said Letters When we received those Letters we did admire whence their fears of coming to us should arise but afterwards we heard that they had been in consultation with the Rebels which also as to most of them is confirmed by the enclosed Examination of Christopher Hampton and indeed we know no cause of fear they have of us unless their own guilts begot in them the fear they pretend and they spare not though unjustly to charge us with a neglect of their advices whereas not one of them to this House offered to us any advice or real assistance towards Pacification of these troubles It became then publick nor could we keep secret that which they had published to others that those Noblemen so far sided with the Rebels as they now stood on their guard we therefore adjudged it fit for vindicaning the State from the aspersion which we found so publickly endeavoured to be laid upon us to publish the enclosed Proclamation as well to satisfie the world as those Noblemen who certainly are abundantly satisfied in their own secret thoughts that we never intended to Massacre them or any other that being athing which we and all good Protestants do much abhor whatever the practice of their Religion is and hath been found to be by woful experience in other parts whereof we confess we are now in great danger if our long expected Succours come not the sooner to us and it may be gathered from that unexampled Tyranny which the Rebels have already exercised towards those of our Nation and Religion who fell into their hands what we for our parts may expect from them but the dishonour and shame which may reflect upon the English Nation by exposing this State and Kingdom to so apparent ruin and with it the extirpation of Gods true Religion afflicts us more than the loss of our own lives and fortunes when all might be saved by sending seasonably those Succours We lately received Letters from the Lady Ofaly and a Letter containing most insolent Menaces inclosed therein sent her from the Rebels to which she sent them a Noble Answer Copies whereof we send here inclosed One of the Rebels stiling himself Chaplain Major and Overseer of the Coasts and Harbours lately sent a Summons in a proud and vaunting manner to one Edward Leech that was entrusted to keep the Island of Lambay requiring the delivery up of that Island to the Rebels which being done he gave Leech a Pass wherein he stiles the Rebels Forces the Catholick Army A Copy of which Summons and Pass we send your Lordship here inclosed and Leech told us that that mighty Chaplain declared openly to him That he was Plotter of this Rebellion That he had spent in Travel and Prosecution of that design beyond Seas four thousand pound and that all the Kings in Christendom excepting the King of England and the King of Denmark have hands in this business A Castle in the Town of Longford held by the English who stood out a while against the Rebels being in the end through want of victuals necessitated to be rendered up to them upon promise of quarter a Popish Priest standing with his Skean in his hand watching for the coming forth of a Minister then amongst the English did by thrusting that Skean into the Ministers guts and ripping up his belly give that as a signal to the Rebels for falling upon the rest of the English which they did accordingly as soon as the Minister was murdered killing some and hanging the rest most perfidiously On the ninth of this Month we received advertisement that great numbers of men were gathered together in Warlike manner at Swoords in the County of Dublin within six Miles of us they having the Army of the Rebels behind them on this side Drogheda whereupon we then immediately sent out our Warrant commanding them to disperse A Copy whereof we send your Lordship here inclosed which was not obeyed but a Letter sent us from Luke Netterville Son to the Lord Viscount Netterville and others of them A Copy whereof we likewise send here inclosed whereupon we published the inclosed Manifest for vindicating this State from their aspersions also And it is observable that those Gentlemen at Swoords could even on that very Tuesday Night wherein they alledge they were so affrighted at their Houses assemble twelve hundred Men together in that Moment of time to have in readiness against any Attempt from the State whereas for many Days before they could sit still and look on whilst an Army of the Enemy lay behind them betwixt them and Drogheda and whilst some of them openly declared Rebels and many of their Neighbours who doubtless hold underhand Intelligence with the Rebels robbed and spoiled the English on all Parts round about them and yet those Gentlemen could not in all that time be either so affrighted by the Rebels or so compassionate of their poor English Neighbours as to assemble any men for the defence of themselves or those their poor English Neighbours and certainly those Gentlemen might have been as believing in this State who have always used lenity and mildness towards them as in the Forces of the Rebels which lie so
Moneys by reason of these Troublesome Times but on the receipt of your Secretaries Letter to the Commissary we shall receive the Over-plus of the Monies which was appointed for the Horse which is 240 l. which will help us a little but if there is not some Monies now on the Way for us I doubt the Soldiers will disband suddenly I shall beseech your Lordship to put the Irish Committee in mind of their promise for Coats and Caps Shoes and Stockins for the Soldiers it is very needful and will be very advantagious for the Service if the Soldiers have them and by promise from us are expected by the Soldiers The Officers that are wanting at this present of your Lordships Regiment besides those that are wanting with their Companies is Capt. Snelling Lieutenant Palmer Captain Bois 's Lieutenant and Ensign Smith Captain Turvil 's Ensign I understand by my Lord Lisle that one Mr. Morrison is to be your Lordships Ensign who came this day to Chester I shall desire with your Lordships next Commands I may understand what quantity of Ammunition we shall carry from hence with us into Ireland or if we should be stayed here by contrary Wind what Ammunition you will be pleased to allow us weekly for Exercising desiring your Lordships pardon for being so tedious I humbly take my leave Your Lordships most humble Servant to be Commanded George Monck Chester 21 Jan. To his Excellency the Earl of Leicester L. Lieutenant of Ireland these present at Leicester-House in St. Martin's-Fields In this distressed Estate stood the Affairs of these miserable Kingdoms Scotland recovered from those Rebellious Commotions raised by the Presbyterian Faction by Remedies that proved more Fatal to the King then the Disease Ireland all in a Flame and England by the prevalency of the same Faction which had raised the disturbances in Scotland ready to follow their Example and to pursue their Model of Reformation by the same wicked Courses of Religious Dis-obedience and Rebellion in which Condition I must at present leave them till such time as it shall please God to give me ability and opportunity I may after some little necessary Refreshment pursue this Laborious work in perfecting the Remainder of these Historical Collections FINIS A TABLE Of the principal Matters in this Second Volume A. ANswer of the King to the Commons request about his Servants 231. Concerning the Irish Acts 421. About disbanding the Horse 429. To the reasons for staying his Journey to Scotland 434. To the Speech of the Recorder of London 676. To the Petition of both Houses about Guards for the Parliament 685 833. To the Petition of the Aldermen c. at Hampton Court 712. To the Petition accompanying the Remonstrance 744. To the Petition about Breach of Priviledge 762. To the Petition concerning the Kensington business 796. To the Message of the House of Commons for a Guard 803. To the Petition from Buckinghamshire 841. To the Petition of the Lord Mayor c. 842. To the Message concerning the three Bills 848. To the Commons demand of stores 860 To the Message concerning the Bill for Adjournment 877. Alderman Abel a Patentee a Bill Ordered against him 256. Bailed 475. Accompt of the Armies 292 410. Act of State about the Oath in Ireland 79. Act of Parliament for reversing the Attainder of the Earl of Strafford 23. Act of Scotch Parliament part of one making it Treason to Levy Forces without the Kings consent 682. Act of Common-Council of London against Tumults 803. See Bill Adjournment Bill past by both Houses that it be in the power of the Houses respectively 834. The Kings Answer to it 877. Earl of St. Albans his Letter from Ireland concerning Affairs there 686. Aldermen Sheriffs c. of London attend the King at Hampton Court 711. Many of them Knighted 712. America Petition of some Merchants that parts of it be seiz'd 467. Mr. Anderton a Member of the House of Commons receives a Letter about a Plot 836. Anslow a Witness against the Earl of Strafford 60. Answer of the Earl of Strafford to the Articles of Impeachment 20 to 27. To Pym 's Speech against the Preamble of his Answer 39. Of the House of Commons to the Lords Reasons for the Bishops Voting in Parliament 260. Of the Judges to certain Queries about Matters in Parliament 374. Of the Scotch Commissioners to the two Propositions 406. Their Answer about disbanding the Army 412. Of the English Commissioners to the Propositions of the Scots Commissioners 423. Of the Scots Commissioners to the reasons for staying the Kings Journey 435. Of the House of Lords to the Propositions of the Scots Commissioners about difficulty of Marching their Army home 538. Of the House of Lords to a Petition of the Lord Mayor concerning the Londoners denying subjection to the Common Council 460. Of the House of Lords to the House of Commons Propositions concerning Ireland 525. Of the Judges in Ireland to Queries of the Parliament there 575. Of the City of London to the Parliaments desire of lending Money 598 644. Of the Queen concerning Father Philips 605. Of the House of Commons to the House of Lords two Propositions about the Scotch relief of Ireland 771. Of the several Impeached Bishops 797. Of the Lords of the Pale to the Lords Justices 906. Of the same to the Vindication of the severity of Sir Charles Coot 917. Apology of the Lord Digby 863. Apprentices of London their Petition concerning Church Government c. 775. An account of a Tumult of them 805. Nicholas Ardagh a Witness against the Earl of Strafford 70. Argiers a Vote about the Captives there 254. Act for them past 861. Argument of Mr. Lane in behalf of the Earl of Strafford 153. Of Recorder Gardner for the same 156. Of Mr. St. John for the Bill of Attainder 162. Arch-Bishop of Armagh his Testimony in the Case of the Earl of Strafford 83 See Usher Arms search'd for at Lambeth 236. Supplied to the Lords of the English Pâ—â—â— 632. Sent from the Tower for Ireland 710. search for Arms at Mr. Ropers at Eltham 847. At Sir James Hamilton 's Lodgings ibid. At Sir James Hanham 's in Somersetshire 848. At the Lady Rivers and at Oxon 859. Army pretended to be in danger of being seduced 231. Several Lords Examined about it 258. An Account of it 272. Army in Ireland a Report for disbanding it 233. The State of it in the Earl of Strafford 's time 537. State of the same when the Rebellion first broke out 627. Articles of Impeachment against the Earl of Strafford 8. Of further Impeachment against the same 11. Against the Judges 324. Against Sir Robert Berkley 337. Against Lord Chief Baron Davenport 347. Against Baron Trevor 352. Against Baron Weston 356. Against Justice Crawley 362. Against Lord Chief Justice Bramstone 363. Against the Bishop of Ely 398. Against the Lord Chancellor of Ireland c. 570. Against Lord Kimbolton and the five Members 811. Arundel Debate about the
till they were paid Henry Dillon affirmed That in my Lord of Cork's Tyrringham and Lord of Ely's time he had Warrants from them and the Council to gather money by laying Soldiers till it was paid Sir Arthur Tyrringham averred That by Warrant from the Lord Faulkland he had laid Soldiers upon a Debtor Lord Ranulagh till the Debt was paid but does not know whether it was the King's Debt Lord Ranulagh attested that it was the practice of the Lord of Cork and Ely to give Acquittances out of the Exchequer to Captains who if the money was not paid assessed Soldiers on the defaulters Then the Earl offered to prove That it was the desire of the Gentry themselves it might be so in the Lord Faulkland 's time but it was by Mr. Palmer agreed him from whence my Lord inferred That it disabled the first part of the Killing Charge That he should Traiterously and wickedly devise to subdue the Subjects of that Realm by levying Money on them The Earl then desired the 2d Article of the Lord Faulkland's Instructions might be read which was in haec verba For the Collecting of our Rents in cases of default that 1. a summoning Process shall Issue 2. The Pursivant sent 3. If this be not sufficient in case the same be not levyed then our Vice-Treasurer by Warrant of our Deputy and Council shall appoint a competent number of Soldiers of the next Garrison to be aiding to collect the Rents at the Charge of the Parties complained of having care that no man be burdened with a greater number of Soldiers than the Service shall necessarily require At Mr. Palmer's desire the first Article was read viz At the humble Request of Our Subjects We are graciously pleased to direct for the better preservation and ease of Our Subjects the Soldiers shall be called in c. and from what had been proved the Earl inferred That it could not be High-Treason for the King's Service to follow the King's direction and the constant practise of his Predecessors that he brought not the Custom in but found it there and that by Proclamation under the hands of the whole Council it was done for the Ease of the Countrey To the Testimony of Berne and Kenedy of the abuse of the Soldiers 1. he was not then in Ireland 2. he denies he ever gave Pigot such a Warrant and there is no proof of it That Pigot 's threatning Clear with a Warrant is no argument men often threaten most when they have least to shew Kennedy sayes he never saw the Warrant Savil 's Warrant is not produced that this great and mighty War on the King and his Subjects is one of the poorest Wars in Christendome for last Summer one sayes he knew Soldiers laid on one man that it was never complained of all the time he was in Ireland that the Warrant was to procure obedience to all the King's Courts Savil. and to secure the King 's Right He desired Savil might be demanded whether the Warrant granted him was not agreeable to former Precedents who affirmed his Predecessor told him he had received such a Warrant from the Lord Faulkland to sess Soldiers on the Land of Sir Thomas Fitzgerrard Henry Dillon attested Dillon that the Serjeant at Arms was an Officer as well to the Exchequer as Chancery and the last process is Attachment by the Serjeant as well between man and man as for the King Here Mr. Palmer speaking something which my Lord looked upon as an Interruption he desired no hasty words might be misinterpreted he speaking for his Life and Family and that the Gentlemen would do well not to put him out of his way but let him speak those few poor things he can for himself He then added that some wayes he is more qualified then an ordinary Person having the Honour to be his Majestie 's Deputy that by his Commission he was to govern according to the Customs of the Realm and this was Customary by all the former Governours that had it been Levying War there is a Statute 10 H. 6. c 17. Enacting That there shall be no War or Peace in the Land without the Deputie's Licence but all War or Peace to be made by the Lieutenant for the time being And as to the Stat. 18 H. 6. c. 3. That no Lord or other shall charge the King's Subjects c. 1. He hath heard it said that the King cannot be concluded in any Statute unless he be particularly named and consequently not his Chief Governour 2. He shall not lead or bring He hath done neither the Serjeant did it though under his Warrant 3. It speaks of bringing English Rebels or Irish Enemies c. But such are not the King's Soldiers sent to apprehend refractory Persons and for the King's Honour and Service 4. Practice is the best interpreter of Laws and notwithstanding this Statute the Governours have alwayes assessed Soldiers That it would be a hard Case that such an Old Law should be started contrary to Practice to destroy him and his Posterity but he believes he shall prove that Statute Repealed First By the 8 Ed. 4. c. 1. which Enacts That from the Sixth of March then next all Acts made within the Kingdom of England shall be in force in Ireland from the said time This therefore ratifies the Statute of 25 Ed. 3. which is the Statute of Treason and the Statute of 1 H. 4. which sayes nothing shall be Treason but what is within the Statute of 25 of Ed. 3. which repeals the 18 of H. 6. Secondly By the 10 H. 7. c. 29. whereby all the Statutes made in England before that time are made Laws in Ireland and all Laws contrary to these Laws are repealed but the Law urged is against 25 Ed. 3. 1 H. 4. and consequently repealed Next he produced a Statute of 11 Eliz. c. 7. for taking away Captains Ships and that none of the Great Men shall make War or Peace c. Sess nor lead the People without the Great Seal or Warrant from the Lord Deputy so that here is a power in the Deputy to assess c. without being a Traytor That to the Clause of 25 Ed. 3. if any man levy War against the King in his Realm or adhere to his Enemies c. he appeals to their Lordships as in their own Case whether 2 or 3 poor Soldiers sent to bring an Offender liable to the King's Justice can by any construction be levying War against the King and his People or rather for the Honour and Authority and Justice of the King and not adhering to his Enemies but this point of Law he desired to refer to his Council to urge for him with more advantage than he could himself being out of his profession To this Mr. Palmer replyed That there can be no Custom or legal usage Managers reply contrary to an Act of Parliament that those usages were by consent but this of my Lord 's against
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
force if they could not be otherwise yet no breach appears no War was denounced there was no intention of a War but see what harboured in his Breast all the while The Fourth of December following my Lord Traquaire made his relation to the Council of the Scots proceedings and all this while there was no Demands brought by the Scots themselves nor reason of their Demands brought by others though they were not prepared yet you have heard his advice was for an offensive War and that the Demands were a just cause of the War And though he pretends he said no more than what the rest of the Lords of the Council concurred with him in I will joyn in issue with him in that and if some of your Lordships be not satisfied you have many Noble Lords among you from whom you may be satisfied that it is not so I am sure he proves it not It is true in the proposition of the Demands some of the Lords of the Council did say That these Demands hypothetically if the Scots did not give satisfaction by their Reasons were a just cause of War but not any Lord of the Council was of that opinion That the very Demands positively without hearing of the Reasons were a just cause of War but himself and I believe the Noble Lords of the Council their Consciences can tell them and I believe will deliver it to the rest of the Peers that I speak truth For the Offensive War he pretends a concurrence of the rest but it was disapproved many were for it upon these terms If they did not give Reasons and shew just cause for their Demands and many were against an Offensive War upon any terms and therefore herein he fixes that upon the Lords of the Council which he cannot make good All this while his intentions are discovered by a matter precedent but after the breach he discovers his anger further towards the Scottish Nation and makes it his design to incense the King to this War My Lords he is not at end yet for he confesses himself that he advised the King to call a Parliament and now I come to his work of merit but it was to his destruction and serves to prove this Article directly for to what purpose was this Parliament called Exitus acta probat it was no sooner set but within three Weeks a proposition is made for supply towards a War against the Scots who was the cause of calling the Parliament himself and therefore who was the cause of this Proposition but himself and so the calling of the Parliament is a concurring evidence of his being an Incendiary to put on the War and it shall appear anon absolutely that he was the occasion of it though he thinks there be no proof of it Did not he go over into Ireland and by his sollicitation there Subsidies were granted by the Parliament only to maintain this War and to shew their ingagement in it and who was the occasion of drawing them on I refer to your Lordships judgments by the circumstances precedent Your Lordships heard his good opinion of the Scots when he began to discourse with the Citizens touching Money and their affording of the King supply and seizing the Mint by giving them no better expositions than Rebels for saith he you are more forward to help the Rebels here than to pay the King his own I know not who he meant but certainly the Scots were in his thoughts so that from the beginning he incensed the War against them First he exclaimed against them during time of Peace He alledges in his Answer That things were found in such distraction that it was fit the Scots should be reduced by force he gave advice precipitately without hearing the reasons and not concurrent to the Council for an offensive War and putting all together I refer it to your Lordships judgment who is the Incendiary for how can it be proved more clearly unless it should appear under his Hand and Seal proved by two or three Witnesses Now My Lords how comes this to be his design here the Mystery comes to be unfolded Having thus incensed to the War and ingaged the King to the uttermost and having a Parliament now dissolved without supply he sets up an Idol of his own creation as a means to draw on his design and that was necessity necessity is it that must enforce the King what to do to levy Money to use his Prerogative to raise supplies upon His Subjects without their consent against their Will necessity must be his Argument and this War must be the occasion of that necessity and without that he cannot suggest to the King's ear or advise this necessity till this be brought to pass And now he hath brought it to pass he began in the One and twentieth Two and twentieth and Three and twentieth Article to perswade the King that Necessity hath surprized him by the Parliaments deserting of him that the Parliament had for saken the King in denying Supply and having tryed the affections of His People he was loose and absolved from all Rules of Government and had an Army in Ireland which he might employ to reduce this Kingdom That he spake these words to the King part is proved by two concurrent Witnesses that is that having tryed the affections of his People he was now loose and absolved from all Rules of Government which words are proved by two Witnesses of eminent quality that is my Lord of Northumberland and Sir Henry Vane and truly howsoever my Lord in his Speech pretends that the most material words are proved but by one Witness it seeming that he held it not a material charge that he counselled the King that he was absolved from all Rules of Government for my part if your Lordships be satisfied those words were proved I could willingly satisfy my own Conscience in it and make no great matter to quit the rest for I know not how he could express it in higher terms than that the King was absolved from all Rules of Government for then he might do what he would It is true the latter words touching the Irish Army are expresly proved but by one Witness Mr. Secretary Vane but are fortified again with such circumstances as make up more than one yea more than two other witnesses if your Lordships will have the Patience to have it represented as it is proved For howsoever it be slighted by him if your Lordships will call to mind the words of Sir George Ratcliffe his bosome Friend to whom he had contributed without question his advice in all causes the said Sir George Ratcliffe expressed it before and told some of his Friends supposing that he never should be called in question and that the power of my Lord of Strafford had been enough to protect any thing he had done and out of the abundance of the heart his mouth spake the King must now want no Money if he did no body would pity him
was out of Town but a Member of their own House upon View of it is ready to Depose that their Names were Entred among those that did subscribe to it Wherefore the House of Commons desire your Lordships in the first place to consider whether they that take to themselves a Legislative Power destructive to Parliaments be fit to exercise that Power of making Laws which only belongs to the Parliament Secondly Whether it be safe for the Common-Wealth that they should be trusted with making Laws who as much as in them lay have endeavoured to deprive the Subject of these good Laws which are already made A third Reason is this That they stand Accused of Crimes very hainous That is of Sedition Secondly of Subversion of the Laws of the Kingdom this will easily appear in the Nature of the Canons themselves as also by the Votes to which your Lordships and the Commons have already agreed Here the Votes of both Houses were read by Mr. Goodwin For the second Proposition he said That should be handled by one that will do it with more advantage of Reason and Learning then he could do therefore he would leave it to him Then Mr. Solicitor General informed their Lordships Mr. Sollicitor St. John's Speech at a Conference about Excluding the Bishops Votes That the Excluding of the Bishops from Votes in Parliament was not of so general Consequence as that by it the whole Clergy of England was Excluded 1. His first Reason offered was this That the Bishops did not Vote for the whole Clergy for that if it should be so then the Clergy of England should be twice represented and twice Voted for in Parliament This appears by all the Ancient Writs of Summons which till of late were to this effect A Writ of Summons went to the Bishop commanding him Summonire all the Clergy of his Diocess to appear by Proxies of their own chusing What to do Ad consentiendum iis quae de Communi Concilio Regni ordinari Contigerit So that if the Bishops do represent the Clergy then the Clergy are twice represented both by the Proctors and again by the Bishops Now although the Form of the Writs be altered yet the Reason holds and still Remains 2. If they Vote for the Clergy then they are to be Elected by the Clergy as the Members of the Commons House now are but your Lordships voting only for your selves need no Election 3. If they Voted for the Clergy as a third Estate then would follow that no Act of Parliament could be good where they did Dissent but many Acts of Parliament are passed where all the Clergy Dissented And the last he said that came to his memory is the Statute of 1 Eliz. Establishing the Book of Common-Prayer to which all the Bishops did Disassent * There is nothing plainer from this Entry then that the Bishops did Vote for else how could they be entred to disassent and yet he brings it for a president to prove they ought not The Entry in the Roll is Dissentientibus Episcopis and yet the Statute holden for a good Law to this Day This was offered to shew That it might not be conceived that the denying the Bishops to have Votes in this Bill now before your Lordships was of such general Influence as to take from the Clergy any Interest or Priviledges that formerly belonged to them 2. In the second place he said He was to present the sence of the whole House of Commons to your Lordships That the Prelates have not so absolute a Right of Peerage for voting in Parliament as the Temporal Lords have out of Parliament This appears by that of highest Consequence that they are not tryable by their Peers for their Lives but by an ordinary Jury In Parliament they have no Vote in Judgment of Blood Life or Member but if their Peerage were so inherent in them as it is in the Temporal Peers no Ecclesiastical Canons could take it from them Besides in point of Right it hath been Resolved by all the Judges of England 7 H. 8. in Kellaway's Reports That the King may hold his Parliament by the Lords Temporal and Commons without calling of the Bishops and that upon several Occasions especially concerning the Pope or themselves the Bishops have been excluded and their Votes not admitted herein He said He was commanded to offer some Presidents to your Lordships upon the sudden In the Parliament 25 of E. 1. The Bishops refusing to joyn with the Lords and Commons in granting of Subsidies for the good of the Kingdom this was holden at Bury Excluso Clero many Acts were then made never since questioned 35 E. 1. The Statute of Carlisle divers Petitions there exhibited by the Commons concerning the Prelates and Lords Abbots for oppressing the poor Clergy several Acts were made for their Relief but by whom By the King Earls Barons and other Nobles and the Commons only Now in respect the several Ranks of the Nobility are named * Ergo they did Vote and were not Excluded from that Right of their Peerage even in their own Case they did not consent because that in all other Acts where they do consent they are particularly named and if it be objected that they might be there and might give a Negative and therefore were not named among them that did consent it appears that Habito tractatu cum Comitibus Baronibus caeteris Communitatibus the King did Enact those things * This is gratis dictum not proved at all by the Roll. and never called the Bishops to the Debate this appears in the Parliament Book 20 E. 3. Parliament Roll N. 33. The Commons Petition that no allowance be made to the Cardinals that had been in France for Treating of Peace In the Roll it is thus Entred * Ergo the other did dissent Assented unto as reasonable by the Dukes Earls Barons and other the Lay Gents without ever naming the Bishops now the word others Lay Gents shews the Bishops were none of the number that Voted in that Law Secondly it was to be noted That in Acts where the particular Ranks are set down none of the Temporal Ranks have ever been omitted and if the Spiritualty had voted they should have been named though in Vote they had dissented Eodem Anno Num. 35 ad Num. 38. There being two other several Acts made upon Petitions of the Commons the one made against Provisions for some Cardinals and the other to restrain the carrying of Mony to Rome the Answer is made as before by the Dukes Earls Barons and Commonalty never mentioning the Lords Spiritual 3 R. 2. Cap. 3. 7 R. 2. Cap. 3. There are in Print Acts made by the King and Lords Temporal only without the Lords Spiritual The Statute of 7 R. 2. reciting the former Statute of 3 R. 2. which said our Lord the King by the Advice and common Assent of all the Lords Temporal and Commons being in
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
ever hitherto done to advance their own wicked Intendments and rather then fail of them to raise a more desperate Rebellion in England instead of applying themselves vigorously as they were in Duty Honor and Conscience bound to assist his Majesty to suppress the other in Ireland and let their Pretences be never so glorious for the Preservation of the Reformed Religion and Interest yet it is evident that even from the very first Eruption of this Rebellion they had a Design to make their own Terms with the King and to oblige him under the Pretence of abandoning Evil Counsellors to devolve the intire Trust of the whole Nation and consequently his Crown and Dignity into their Hands and to leave him only the vain shaddow of Sovereignty and Majesty and unless he would Consent to this they must as they say be obliged to take other Measures for the fecuring themselves from such mischievous Councils and Designs as have lately been in Practice and Agitation against them and a little time discovered what ways those were for in Reality this was no new Design the crucifying Remonstrance of the State of the Kingdom had been long hewing and these were but some Chips of that Block only they were wanting a fit Occasion and this offering it self they were resolved to lay fast hold upon it But in regard though they had sorely shaken and disabled the third Estate of the Lords Spiritual in Parliament by the repeated Batteries of Impeachments and Bills to take away their Voices yet there was a great Number of the Lords Temporal whose unstained Loyalty and Fidelity to the Crown and Royal Interest might prove dangerously Obstructive to their wicked Intentions they were resolved to attempt to deceive as many of them as they could by their popular Rhetorick upon this Topique of the danger of evil Counsels and Counsellors and if any proved refractory or had Constitutions too strongly amuletted with Loyalty against this insinuating Poison they had other more severe Methods of purging the Body Politick and Representative to be made use of upon Occasion as we shall see hereafter Upon this Subject of evil Councils and Counsellors Mr. Pym the great Oracle of the Faction took Occasion at this last Conference to display his Talent in these Terms HE said he was to speak touching the ill Councils Mr. Pym's Speech at the Conference concerning ill Councils November 10. which he laid down in these several Steps 1 First That the Dangers which come to the State by ill Councils are the most pernitious of all others and since it is usual to compare Politick Bodies with the Natural the Natural Body is in danger divers Wayes either by outward Violence and that may be foreseen and prevented or else by less appearing Maladies which grow upon the Body by Distempers of the Air immoderate Exercise Diet c. and when the Causes of the Disease are clear the Remedy is easily applied but Diseases which proceed from the inward Parts as the Liver the Heart or the Brains the more noble Parts it is a hard thing to apply Cure to such Diseases Ill Councels they are of that Nature for the Mischiefs that come by evil Councel corrupt the Vital Parts and overthrow the Publick Government 2 * If this had been applied to himself and his Faction he never spoke more truth in his whole life The second Step is That there have been lately and still are ill Councils in this Kingdom and about the King 1 That there hath been lately you will not doubt when the main Course of the Government hath been so imployed as Popery thereby hath been maintained the Laws subverted and no distinguishing between Justice and Injustice and that there is still reason to doubt is apparent by the Courses taken to advance mischievous Designs but that his Majesties Wisdom and Goodness kept them from the Heart though they were not kept out of the Court so most Principal and mischievous Designs have been practised by such as had near Access unto his Majesty though not to his Heart and the Apologists and Promoters of ill Counsels are still preferred 3 The third Step is That the ill Counsels of this Time are in their own Nature more mischievous and more dangerous then the ill Counsels of former Times former Counsels have been to please Kings in their Vices * A remarkable Testimony from an Enemy of the King's Innocence from which our King is free and sometimes for racking of the Prerogative if it had gone no further it had brought many Miseries but not Ruine and Destruction but the ill Counsels of this Time are destructive to Religion and Laws by altering them both therefore more Mischievous in their own Nature then those of former Times 4 The fourth Step is That these ill Counsels have proceeded from a Spirit and Inclination to Popery and have had a Dependance on Popery and all of them tend to it the Religion of the Papists is a Religion incompatible with any other Religion destructive to all others and doth not indure any thing that opposeth it whosoever doth withstand their Religion if they have Power they bring them to Ruin There are other Religions that are not right but not so destructive as Popery is for the Principles of Popery are destructive to all States and Persons that oppose it with the Progress of this mischievous Councel they provide Counsellors fit Instruments and Organs that may execute their own Designs and to turn all Councils to their own Ends and you find that now in Ireland that those Designs that have been upon all the Three Kingdoms do end in a War for the maintenance of Popery in Ireland and would do the like here if they were able they are so intentive to turn all to their own Advantage 5 The fifth Step That unless these ill Councils be changed as long as they continue it is impossible that any Assistance Aid or Advice that the Parliament can take to reform will be effectual for the Publick Orders and Laws are but dead if not put in Execution those that are the Instruments of State they put things into Action but if acted by Evil Men and while these Counsels are on foot we can expect no good it is like a Disease that turns Nutritives into Poyson 6 The sixth Step is That this is the most proper time to desire of his Majesty the Alteration and Change of the evil Counsellors because the Common-Wealth is brought into Distemper by them and so exhausted that we can indure no longer Another Reason why we cannot admit of them is to shew our Love and Fidelity to the King in great and extraordinary Contributions and Aids when God doth imploy his Servants he doth give some Promise to rouse up their Spirits and we have reason now to expect the King's Grace in great abundance this is the time wherein the Subject is to save the Kingdom of Ireland with the hazard of their Lives and Fortunes And