Strafford The House of Commons in their own Name and in the Name of the whole Commons of England have this day accused your Lordship to the Lords of the Higher House of Parliament of High Treason the Articles they will in a few dayes produce in the mean time they have Resolved That your Lordship shall be Committed into Safe Custody to the Gentleman Vsher and be Sequestred from the House till your Lordship shall clear your self of the Accusations that shall be laid against you Whereupon he was immediately taken into Custody by James Maxwell Usher of the Black Rod. And that the Commons might Disable him of the Testimony and Assistance of Sir George Radcliff his great Friend and Confident it was resolved to make him a Party and accuse him of High Treason and Confederacy with the Earl which was accordingly done as is more at large related before to which the Reader is referred only a Debate worth the Observation arose upon his being a Member of the Parliament in Ireland Whether he could without Breach of Priviledge be sent for Upon which it was Resolved as a thing out of all Doubt That in case of High Treason Priviledg of Parliament neither here nor there doth reach to Protect him Notwithstanding which when afterwards his Majestie accused the Lord Kimbolton and the Five Members of High Treason and Exhibited Articles against them they did not only protect them but arraigned that proceeding as the Highest Violation of the Priviledges of Parliament making it one of the main Foundations upon which they built the Justice of the succeeding Rebellion and their taking up Arms against his Majesty It was Ordered Wednesday Novemb. 18. That no Member of the House of Commons shall visit the Earl of Strafford during his restraint without Licence first obtained from the House And the same Order was taken in the House of Peers and all the time of his Imprisonment the Lieutenant of the Tower brought in a Weekly account of the Names of those persons who visited him and by whose Order Upon Munday Munday Nov. 23. Novemb. 23. Mr. Pym presented a draught of Articles to the House which being referred to the Committee who were to prepare a Charge against the Earl were by them reported and agreed to by the House and Mr. Pym ordered to go up with them to the Lords which upon Wednesday following he did accordingly Wednesday Nov. 25. and before their Lordships laid out his Talent of Speech-making upon that subject as follows The Articles being first tendred and Read which were these I. THat he the said Thomas Earl of Strafford Articles of Impeachment against the Earl of Strafford Nov. 25. hath Trayterously endeavoured to subvert the Fundamental Laws and Government of the Realms of England and Ireland and instead thereof to introduce an Arbitrary and Tyrannical Government against Law which he hath declared by Trayterous Words Counsels and Actions and by giving his Majesty advice by force of Armes to compel his Loyal Subjects to submit thereunto 2. That he hath Trayterously assumed to himself Regal power over the Lives Liberties Persons Lands and Goods of his Majesties Subjects in England and Ireland and hath exercised the same Tyrannically to the subversion and undoing of many both of Peers and others of his Majesties Liege people 3. That the better to enrich and enable himself to go thorow with his Trayterous Designs he hath detained a great part of his Majesties Revenue without giving legal account and hath taken great Summes out of the Exchequer converting them to his own use when his Majesty was necessitated for his own urgent occasions and his Army had been a long time unpaid 4. That he hath Trayterously abused the power and authority of his Government to the encreasing countenancing and encouraging of Papists that so he might settle a mutual dependance and confidence betwixt himself and that Party and by their help prosecute and accomplish his malicious and tyrannical designs 5. That he hath maliciously endeavoured to stir up enmity and hostility between his Majesties Subjects of England and those of Scotland 6. That he hath Trayterously broken the great Trust reposed in him by his Majesty of Lieutenant General of his Army by wilfully betraying divers of his Majesties Subjects to death his Army to a dishonourable defeat by the Scots at Newborn and the Town of New-Castle into their hands to the end that by the effusion of blood by dishonour and so great a loss of New-Castle his Majesties Realm of England might be engaged in a National and Irreconciliable quarrel with the Scots 7. That to preserve himself from being questioned for those and other his Trayterous Courses he laboured to subvert the Right of Parliaments and the ancient course of Parliamentary Proceedings and by false and malicious slanders to incense his Majesty against Parliaments By which Words Counsels and Actions he hath Trayterously and contrary to his allegiance laboured to alienate the hearts of the Kings Liege people from his Majesty to set a division between them and to ruin and destroy his Majesties Kingdoms for which they impeach him of High Treason against our Soveraign Lord the King his Crown and Dignity 8. And he the said Earl of Strafford was Lord Deputy of Ireland and Lieutenant General of the Army there viz. His most excellent Majesty for his Kingdoms both of England and Ireland and the Lord President of the North during the time that all and every the Crimes and Offences before set forth were done and committed and he the said Earl was Lieutenant General of all his Majesties Army in the North parts of England during the time that the Crimes and Offences in the fifth and sixth Articles set forth were done and committed 9. And the said Commons by protestations saving to themselves the liberty of exhibiting at any time hereafter any other Accusation or Impeachment against the said Earl and also of replying to the Answers that he the said Earl shall make unto the said Articles or to any of them and of offering proofes also of the premisses or any of them or any other impeachment or accusation that shall be exhibited by them as the cause shall according to the course of Parliaments require do pray that the said Earl may be put to answer for all and every the premisses that such Proceedings Examinations Tryals and Judgments may be upon every of them had and used as it is agreeable to Law and Justice My Lords THese Articles have exprest the Character of a great and dangerous Treason Mr. Pym's Speech after the Reading the Articles against the Earl of Strafford Nov. 25. such a one as is advanced to the highest degree of Malice and of Mischief It is enlarged beyond the limits of any description or definition it is so hainous in it self as that it is capable of no aggravation a Treason against God betraying his Truth and Worship against the King obscuring the Glory and weakning the foundation
the Subjects of the said Realm of Ireland to bring them under his Tyrannical power and will and in pursuance of his wicked and Trayterous purposes aforesaid the said Earl of Strafford in the Eighth Year of his Majesties Reign did by his own Authority without any warrant or colour of Law tax and impose great Sums of Money upon the Towns of Baltemore Baudenbridge Talowe and divers other Towns and Places in the said Realm of Ireland and did cause the same to be levied upon the Inhabitants of those Towns by Troops of Souldiers with Force and Arms in a warlike manner And on the Ninth day of March in the Twelfth Year of his now Majesties Reign Traiterously did give Authority unto Robert Savile a Serjeant at Armes and to the Captains of the Companies of Souldiers in several parts of that Realm to send such numbers of Souldiers to lye on the Lands and Houses of such as would not conform to his orders untill they should render obedience to his said orders and warrants and after such submission and not before the said Souldiers to return to their Garrisons And did also issue the like Warrants unto divers others which Warrants were in Warlike manner with Force and Arms put in Execution accordingly and by such Warlike means did force divers of his Majesties Subjects of that Realm to submit themselves to his unlawful Commands And in the said Twelfth Year of his Majesties Reign the said Earl of Strafford did Traiterously cause certain Troops of Horse and Foot armed in Warlike manner and in Warlike aray with Force and Armes to expell Richard Butler from the possession of Castle-Cumber in the Territory of Idough in the said Realm of Ireland and did likewise and in like Warlike manner expel divers of his Majesties Subjects from their Houses Families and Possessions as namely Ed. Brenman Owen Oberman Patrick Oberman Sir Cyprian Horsfield and divers others to the number of about an hundred Families and took and imprisoned them and their Wives and carried them Prisoners to Dublin and there detained them untill they did yield up surrender or release their respective Estates and Rights And the said Earl in like Warlike manner hath during his Government of the said Kingdom of Ireland subdued divers others of his Majesties Subjects easily to his Will and thereby and by the means aforesaid hath levied War within the said Realm against his Majesty and his Liege People of that Kingdom 16. That the said Earl of Strafford the Two and twentieth of February in the Seventh Year of his now Majesties Reign intending to oppress the said Subjects of Ireland did make a Proposition and obtained from his Majestie an allowance That no Complaint of Injustice or Oppression done in Ireland should be received in England against any unless it first appeared that the Party made first his address to him the said Earl and the said Earl having by such usurped tyrannical and exorbitant Power expressed in the former Articles destroyed the Peers and other Subjects of that Kingdom of Ireland in their Lives Consciences Land Liberties and Estates the said Earl to the intent the better to maintain and strengthen his power and to bring the People into a disaffection of his Majestie as aforesaid did use his Majesties Name in the execution of his said power And to prevent the Subjects of that Realm of all means of Complaints to his Majesty and of Redress against him and his Agents did issue a Proclamation bearing date the Seventeenth day of September in the Eleventh Year of his Majesties Reign thereby commanding all the Nobility Vndertakers and others who held Estates and Offices in the said Kingdome except such as were imployed in his Majesties Service or attending in England by his Special Command to make their personal Residence in the said Kingdom of Ireland and not depart thence without Licence of himself And the said Earl hath since issued other Proclamations to the same purpose by means whereof the Subjects of the said Realm are restrained from seeking Relief against the oppressions of the said Earl without his Licence which Proclamation the said Earl hath by several rigorous wayes as by Fine Imprisonment and otherwise put in execution on his Majesties Subjects as namely one Parry and others who came over only to complain of the Exorbitances and Oppressions of the said Earl 17. That the said Earl having by such means as aforesaid subverted the Government and Lawes of the Kingdom of Ireland did in March in the Sixteenth year of his Majesties Reign in Scandal of his Majesty of all his Kingdoms and in further Execution of his wicked purposes aforesaid speaking of the Armies in Ireland declare That his Majesty was so well pleased with the Army of Ireland and the consequence thereof that his Majesty would certainly make the same a pattern for all his Three Kingdoms 18 That the said Earl of Strafford for the better effecting of his Trayterous designs and wicked purposes did indeavour to draw dependency upon himself of the Papists in both Kingdoms of England and Ireland and to that end during the time of Government in Ireland he restored divers Frieries and Mass-houses which had been formerly suppressed by precedent Deputies of that Kingdom two of which houses were in the City of Dublin and had been assigned to the use of the Vniversity there to the pretended Owners thereof who have since imployed the same to the Exercise of the Popish Religion And in the Moneth of May and June last the said Earl did raise an Army in the said Realm consisting of Eight thousand Foot all of which except one thousand or thereabouts were Papists and the said One thousand were drawn out of the Old Army there consisting of Two thousand Foot and in their places there were a thousand Papists or thereabouts put into the said Old Army by the said Earl And the more to ingage and tye the new Army of Papists to himself and to encourage them and to discourage and wear out the Old Army the said Earl did so provide That the said New Army of Papists were duly payed and had all Necessaries provided for them and permitted the Exercise of their Religion but the said Old Army were for the space of one whole Year and upwards unpaid And that the said Earl being appointed a Commissioner with Eleven several Counties in the Northern Parts of England for Compounding with Recusants for their Forfeitures due to his Majesty which Commission beareth date the Eighth day of July in the Fifth Year of his Majesties Reign that now is and being also Receiver of the Composition Money thereby arising and of other Debts Duties and Penalties for his Majesties Vse by Letters Patents dated the 9. day of the said July he to engage the said Recusants to him did compound with them at low and under Rates and provided that they should be discharged of all proceedings against them in all his Majesties Courts both Temporal and Ecclesiastical in manifest
breach of and contrary to the Lawes and Statutes of this Realm in that behalf established 19. That the said Earl having Taxed and Levied the said Impositions and raised the said Monopolies and committed the said Oppressions in his Majesties Name and as by his Majesties Royal Command he the said Earl in May the 15th Year of his Majesties Reign did of his own authority contrive and frame a new and unusual Oath by the purport whereof among many other things the party taking the said Oath was to swear that he should not protest against any of his Majesties Royal Commands but submit themselves in all Obedience thereunto Which Oath he so contrived to enforce the same on the Subjects of the Scottish Nation inhabiting in Ireland and out of a hatred to the said Nation and to put them to a Discontent with his Majesty and his Government there and compelled divers of his Majesties said Subjects there to take the said Oath some he grievously Fined and Imprisoned and others he destroyed and Exiled and namely the 10th of October Anno Dom. 1639. he fined Henry Steward and his Wife who refused to take the said Oath 5000 pounds apiece and their two Daughters and James Gray 3000 pounds apiece and Imprisoned them for not paying the said Fines The said Henry Steward's Wife and Daughters and James Gray being the Kings Liege People of the Scottish Nation and divers others he used in like manner And the said Earl upon that occasion did declare That the said Oath did not onely oblige them in point of Allegiance to his Majesty and acknowledgment of his Supremacy only but to the Ceremonies and Government of the Church established or to be established by his Majesties Royal Authority and said That the refusers to obey he would prosecute to the blood 20. That the said Earl in the 15 and 16 Years of his Majesties Reign and divers years past laboured and endeavoured to beget in his Majesty an ill Opinion of his Subjects namely those of the Scottish Nation and divers and sundry times and especially since the Pacification made by his Majesty with his said Subjects of Scotland in Summer in the 15th Year of his Majesties Reign he the said Earl did labour and endeavour to perswade incite and provoke his Majesty to an Offensive War against his said Subjects of the Scottish Nation And the said Earl by his Counsel Actions and Endeavours hath been and is a principal and chief Incendiary of the War and Discord between his Majesty and his Subjects of England and the said Subjects of Scotland and hath declared and advised his Majesty That the Demand made by the Scots in this Parliament were a sufficient cause of War against them The said Earl having formerly expressed the height and rancor of his mind towards his Subjects of the Scottish Nation viz. the tenth day of October in the 15 year of his Majesties Reign he said that the Nation of the Scots were Rebels and Traytors and he being then about to come to England he then further said That if it pleased his Master meaning his Majesty to send him back again he would root out of the said Kingdome meaning the Kingdom of Ireland the Scottish Nation both root and branch Some Lords and others who had taken the said Oath in the Precedent Article onely excepted and the said Earl hath caused divers of the said Ships and Goods of the Scots to be stayed seized and molested to the intent to set on the said War 21. That the said Earl of Strafford shortly after his Speeches mentioned in the last precedent Article to wit in the fifteenth year of his Majesties Reign came into this Realm of England and was made Lord Lieutenant of Ireland and continued his Government of that Kingdom by a Deputy At his arrival here finding that his Majesty with much wisedom and goodness had composed the troubles in the North and had made a Pacification with his Subjects of Scotland he laboured by all means to procure his Majesty to break that Pacification incensing his Majesty against his Subjects of that Kingdome and the proceedings of the Parliament there And having incensed his Majesty to an offensive War against his said Subjects of Scotland by Sea and by Land and by pretext thereof to raise Forces for the maintenance of that War he counselled his Majesty to call a Parliament in England yet the said Earl intended if the said proceedings of that Parliament should not be such as would stand with the said Earl of Strafford's mischievous designs he would then procure his Majesty to break the same and by ways of Force and Power to raise Monies upon the said Subjects of this Kingdom And for the incouragement of his Majesty to hearken to his advice he did before his Majesty and his Privy-Councel then sitting in Councel make a large Declaration that he would serve his Majesty in any other way in case the Parliament should not supply him 22. That in the month of March before the beginning of the last Parliament the said Earl of Strafford went into Ireland and procured the Parliament of that Kingdome to declare their assistance in a War against the Scots And gave directions for the raising of an Army consisting of 8000 Foot and 1000 Horse being for the most part Papists as aforesaid And confederating with one Sir George Radcliffe did together with him the said Sir George Trayterously conspire to employ the said Army for the ruine and destruction of the Kingdome of England and of his Majesties Subjects and of altering and subverting of the Fundamental Laws of this Kingdome And shortly after the said Earl of Strafford returned into England and to sundry persons declared his opinion to be That his Majesty should first try the Parliament here and if that did not supply him according to his occasions he might use then his Prerogative as he pleased to levy what he needed and that he should be acquitted both of God and man if he took some other courses to supply himself though it were against the will of his Subjects 23. That upon the thirteenth day of April last the Parliament of England met and the Commons house then being the representative Body of all the Commons in the Kingdome did according to the trust reposed in them enter into debate and consideration of the great grievances of this Kingdome both in respect of Religion and the publick liberty of the Kingdome and his Majesty referring chiefly to the Earl of Strafford and the Archbishop of Canterbury the ordering and disposing of all matters concerning the Parliament He the said Earl of Strafford with the assistance of the said Archbishop did procure his Majesty by sundry Speeches and Messages to urge the said Commons house to enter into some resolution for his Majesties Supply for maintenance of his War against his Subjects of Scotland before any course was taken for the relief of the great and pressing Grievances wherewith this Kingdom was then
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
between the Chair of State and the Lord Keeper's Woolsack and the House of Commons with their Speaker being come up the Clerk of the Parliament delivered the Commission whereunto the Bills were annexed upon his knee Then the Lord Privy-Seal declared to both Houses that his Majesty had an intent to have come himself this Day to have given his Royal Assent to these two Bills but some important Occasions had prevented him and so his Majesty had granted a Commission for giving the Royal Assent which was delivered to the Clerk of the Parliament who carried it to his Table and read it this being done the Clerk of the Crown read the Titles of the Bills and the Clerk of the Parliament pronounced the Royal Assent to them both severally The Bill of Attainder was as follows WHereas the Knights Citizens The Bill of Attainder against the Earl of Strafford passed May the 10th and Burgesses of the House of Commons in this present Parliament assembled have in the name of themselves and of all the Commons of England impeached Thomas Earl of Strafford of High-Treason for endeavouring to subvert the ancient and Fundamental Laws and Government of his Majesties Realms of England and Ireland and to introduce an Arbitrary and Tyrannical Government against Law in the said Kingdoms and for exercising a Tyrannous and exorbitant power over and against the Laws of the said Kingdoms over the Liberties Estates and Lives of his Majesties Subjects and likewise for having by his own Authority commanded the laying and asseising of Soldiers upon his Majesties Subjects in Ireland against their consents to compel them to obey his unlawful Commands and Orders made upon Paper-Petitions in causes between Party and Party which accordingly was executed upon divers of his Majesties Subjects in a Warlike manner within the said Realm of Ireland and in so doing did levy War against the Kings Majesty and his liege people in that Kingdom And also for that he upon the unhappy Dissolution of the last Parliament did slander the House of Commons to his Majesty and did counsel and advise his Majesty that he was loose and absolved from the rules of Government and that he had an Army in Ireland by which he might reduce this Kingdom for which he deserves to undergo the pains and forfeitures of High-Treason And the said Earl hath been also an incendiary of the Wars between the two Kingdoms of England and Scotland all which offences have been sufficiently proved against the said Earl upon his impeachment Be it therefore enacted by the Kings most excellent Majesty and by the Lords and Commons in this present Parliament assembled and by authority of the same That the said Earl of Strafford for the haynous crimes and offences aforesaid stand and be adjudged and attainted of High-Treason and shall suffer such pain of Death and incur the forfeitures of his Goods and Chattels Lands Tenements and Hereditaments of any estate of Free-hold or Inheritance in the said Kingdoms of England and Ireland which the said Earl or any other to his use or in trust for him have or had the day of the first sitting of this present Parliament or at any time since Provided that no Judge or Judges Justice or Justices whatsoever shall adjudge or interpret any Act or thing to be Treason nor in any other manner than he or they should or ought to have done before the making of this Act and as if this Act had never been had or made Saving alwayes unto all and singular persons and bodies politick and corporal their Heirs and Successors others than the said Earl and his Heirs and such as claim by from or under him all such right title and interest of in and to all and singular such of the said Lands Tenements and Hereditaments as he they or any of them had before the first day of this present Parliament any thing herein contained to the contrary notwithstanding Provided that the passing of this present Act and his Majesties Assent thereunto shall not be any determination of this present Sessions of Parliament but that this present Sessions of Parliament and all Bills and matter whatsoever depending in Parliament and not fully enacted or determined And all Statutes and Acts of Parliament which have their continuance until the end of this present Session of Parliament shall remain continue and be in full force as if this Act had not been The Earl understanding that the Bill was passed did humbly Petition the House as follows SEeing it is the good Will and Pleasure of God The Earl of Strafford's Petition to the House of Peers that your Petitioner is now shortly to pay that Duty which we all owe to our frail Nature he shall in all Christian Patience and Charity conform and submit himself to your Justice in a comfortable assurance of the great hope laid up for us in the Mercy and Merits of our Saviour blessed for ever only he humbly craves to return your Lordships most humble thanks for your Noble Compassion towards those innocent Children whom now with his last blessing he must commit to the protection of Almighty God beseeching your Lordships to finish his Pious intention towards them and desiring that the Reward thereof may be fulfilled in you by him that is able to give above all that we are able ask or think wherein I trust the Honourable House of Commons will afford their Christian Assistance And so beseeching your Lordships charitably to forgive all his Omissions and infirmities he doth very heartily and truely recommend your Lordships to the Mercies of our Heavenly Father and that for his goodness he may perfect you in every good work Amen The next day being Tuesday May 11. Tuesday May 11. the King sent this Passionate Letter to the Lords in behalf of the Earl My Lords I Did yesterday satisfie the Justice of the Kingdom The Kings Letter to the Lords concerning the E. of Strafford by passing the Bill of Attainder against the Earl of Strafford but Mercy being as inherent and inseperable to a King as Justice I desire at this time in some measure to shew that likewise by suffering that unfortunate Man to fulfil the Natural Course of his Life in a Close Imprisonment Yet so if ever he make the least offer to escape or offer directly or indirectly to meddle in any sort of publick business especially with me either by Message or Letter it shall cost him his Life without further Process This if it may be done without the Discontentment of my People will be an unspeakable contentment to me to which end as in the first place I by this Letter do earnestly desire your Approbation and to endear it more have chosen him to carry it that of all your House is most dear to me So I desire that by a Conference you will endeavour to give the House of Commons Contentment assuring you that the Exercise of Mercy is no more pleasing to me than to see
no cause appeared or such only as was clearly Bailable by Law yet he remanded them where they remained Prisoners very long Which said deferring to grant the said Writs of Habeas Corpus and refusals and delays to discharge Prisoners or suffer them to be Bailed contained in this Article are destructive to the Fundamental Laws of this Realm and contrary to former resolutions in Parliament and to the Petition of Right which said Resolutions and Petition of Right were well known to him the said Sir Robert Berkley and were Resolved on and Enacted when he was the Kings Serjeant at Law and attendant in the Lords House in Parliament 11. That whereas there was a Cause depending in the Court-Christian at Norwich between Samuel Booty Clerk and Collard for two Shillings in the Pound for Tithes for Rents and Houses in Norwich and the said Collard moved by his Council in the Court of Kings Bench for a Prohibition to stay proceedings in the Court Christian at Norwich and delivered into the said Court of Kings Bench his suggestions that the said Cause in the said Court Christian was only for Tithes for Rents of Houses in Norwich which was determinable by the Common Law only yet he the said Sir Robert Berkley being one of the Justices of the said Court of Kings Bench and sitting in the said Court deferred to grant a Prohibition to the said Court Christian in the said Cause although the Council did move in the said Court many several times and several Terms for a Prohibition And he the said Sir Robert Berkley deferred to grant his Majesties Writ of Prohibition to several other Courts on the motions of divers others of His Majesties Subjects where the same by the Laws of this Realm ought to have been granted contrary to the Laws of this Realm and his own knowledge All which Words Opinions and Actions were so spoken and done by him the said Sir Robert Berkley Traiterously and Wickedly to Alienate the Hearts of His Majesties Liege People from His Majesty and to set a division betwixt them and to subvert the Fundamental Laws and Established Government of His Majesties Realm of England for which they do Impeach him the said Sir Robert Berkley one of the Justices of the Court of Kings Bench of High Treason against our Soveraign Lord the King His Crown and Dignity and of the misdemeanors above mentioned And the said Commons by Protestation saving to themselves only the Liberty of Exhibiting at any time hereafter any other Accusation or Impeachment against the said Sir Robert Berkley and also of replying to the answer that he the said Sir Robert Berkley shall make to the said Articles or any of them or of offering Proof of the Premises or any other 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 Robert Berkley one of the Justices of the Court of Kings Bench may be put to answer to all and every the Premises and that such Proceedings Examinations Tryals Judgments and Executions may be upon every of them had and used as is agreeable to Law and Justice Upon the Articles of Impeachments of the Lord Chief Baron Davenport Mr. Baron Trevor and Mr. Baron Weston Mr. Hide by the Command of the Commons spake as follows My Lords THere cannot be a greater instance of a sick and languishing Commonwealth than the business of this day Good God! Mr. Hide 's Speech at the delivering of the Articles of Impeachment of the L. Chief Baron Davenport Mr. Baron Trevor and Mr. Baron Weston July 6. 1641. how have the guilty these late years been punished when the Judges themselves have been such Delinquents 'T is no marvel that an Irregular Extravagant Arbitrary Power like a Torrent hath broke in upon us when our Banks and our Bulworks the Laws were in the custody of such Persons Men who had lost their Innocence could not preserve their Courage nor could we look that they who had so visibly undone us themselves should have the Vertue or Credit to Rescue us from the Oppression of other Men. 'T was said by one who always spoke excellently That the Twelve Judges were like the Twelve Lions under the Throne of Solomon under the Throne in Obedience but yet Lions Your Lordships shall this day hear of Six who be they what they will be else were no Lions who upon vulgar fears delivered up the precious Forts they were trusted with almost without assault and in a tame easie Trance of flattery and servitude lost and forfeited shamefully forfeited that Reputation Awe and Reverence which the Wisdom Courage and Gravity of their Venerable Predecessors had contracted and fastned to the places they now hold and even rendred that study and profession which in all Ages hath been and I hope now shall be of an honourable Estimation so Contemptible and Vile that had not this blessed day come all Men would have had that quarrel to the Law it self which Marius had to the Greek Tongue who thought it a mockery to learn that Language the Masters whereof lived in bondage under others And I appeal to these unhappy Gentlemen themselves with what a strange negligence scorn and indignation the faces of all men even of the meanest have been directed towards them since to call it no worse that fatal declension of their understandings in those Judgments of which they stand here charged before your Lordships But my Lords the work of this day is the greatest instance of a growing and thriving Common-wealth too and is as the dawning of a fair and lasting day of happiness to this Kingdom 'T is in your Lordships power and I am sure 't is in your Lordships will to restore the dejected broken people of this Island to their former joy and security the Successors of these Men to their old Priviledge and Veneration sepultas propè leges revocare My Lords the iniquity of Judges is infectious and their craftiest Combination to leave us as few innocent as may be Your Lordships have heard of the justice of Two of the greatest Courts of Westminster and that you may know how little advantage the other of his Majesties Revenue the Court of Exchequer hath of its fellows in the Administration of Right I am commanded by the House of Commons to present to your Lordships Three several Charges against three Judges of that Court my Lord Chief Baron Davenport Mr. Baron Trever and Mr. Baron Weston Your Lordships will please to hear them read Here the several Articles were read Your Lordships observe that the great Resolution in Ship-mony was a Crime of so Prodigious a Nature that it could not be easily swallowed and digested by the Consciences even of these Men but as they who are to Wrestle or run a Race by degrees prepare themselves by Diet and lesser Essays for the main Exercise so these Judges enter themselves and harden their hearts by more
of Parliament and is a restraint to the proceedings of other inferior Courts but is no restraint to the proceedings of Parliament and therefore seeing it may without in justice be denied this being the Case of the Common-wealth they conceive it ought not to be granted Whereupon it is desired that their Lordships will declare that all Priviledges shall be void in case of the Conviction or Disarming of Recusants and that all their Certioraris out of the King's Bench to hinder the Conviction of Recusants may be Superseeded That this direction may extend to Lords as well as to other Common Persons there being more cause of fear from them in regard of their Power and Greatness then from others That if any Popish Recusant of Quality shall be found not to be Convicted that such Pesons be commanded forthwith to attend the Parliament The Opinion of the House of Commons is That Popish Recusants as this Case is may be Disarmed by the Common-Law being Persons justly to be suspected for some dangerous design and that where there is cause of fear this may be extended to such Persons as have Wives Recusants or Children or any but considerable number of Servants as may give good Cause of Suspitions That in ordinary Cases if there be a Combination to do any mischief to commit a Riot Rob a House or hurt any private Person the Justices of the Peace may take security to prevent such damages much more in the Case where the danger of the Common-wealth is to be prevented Divers Presidents were remembred for the Disarming of Lords of Parliament the Marquess of Winchester Lord Peter Lord Vaux Lord Arundel of Wardour and divers others Then after some Consideration of this Conference It is Ordered That this House doth joyn with the House of Commons to send Commissioners to Disarm Recusants according to Law for the other part of it their Lordships will take it into consideration Sir William Armyn brings this Answer to the Message to the Lords The Lords Answer about the Commissioners for Scotland concerning the Commissioners designed for Scotland That the Lords are of Opinion that the Commission and Instructions be presently prepared together with a Petition to his Majesty and that this be sent away with all Speed and in the mean time the Commissioners may be going their Journey and those Instructions and Commission may meet them on the Way if this House thinks fit Mr. Pym reports the Petition and Instructions to the Commissioners for Scotland To the King 's Most Excellent Majesty The Humble Petition of your Majesties Loyal Subjects the Lords and Commons now Assembled in Parliament Most Gracious Sovereign YOur Majesties Absence at this time the Parliament sitting The Petition to the King concerning the Commissioners for Scotland doth not only afflict us with much Grief but hinders us in making such Provision for the Public Necessities and Dangers of the Kingdom as we desired to do for the Safety whereof We shall be often forced to resort to your Majesties Wisdom and Goodness Whereupon both Houses of Parliament have agreed to send William Earl of Bedford Edward Lord Howard Nathaniel Fiennes Esquire Sir William Armyn Baronet Sir Philip Stapleton Knight and John Hambden Esquire to attend your Majesty to convey to us your Majesties Commands and Directions and to present to your Majesty our Humble Petitions and Desires and likewise to see the Expediting of such Acts in the Parliament of Scotland and other Affairs as by the late Treaty or otherwise concern the Kingdom Wherefore our most Humble Suit to your Majesty is That you will be graciously pleased to admit the said William Earl of Bedford Edward Lord Howard Nathaniel Fiennes Sir William Armyn Sir Philip Stapleton and John Hambden Esquire to be your Majesties Commissioners for the dispatch of the Affairs aforementioned according to such Instructions as they have now received or shall from time to time receive from both Houses of Parliament with your Majesties Consent and Approbation The Instructions for the said Commissioners follow I. YOV shall take care that all those Acts that concern both Kingdoms of England and Scotland The Instructions for the Commissioners and are already agreed upon in the Treaty between the Commissioners of both Nations and which are Confirmed by an Act of Parliament passed in this present Session shall likewise be confirmed and ratified in the Parliament in Scotland and You shall take an authentique Exemplification thereof to bring home with you II. You are to take Care that the Commissions agreed upon in the same Treaty concerning the Trade of both Kingdoms and concerning the Publique Peace and Correspondency betwixt the Two Nations may be settled and dispatched accordingly III. You are to demand Satisfaction of such Debts as shall remain due to the Northern Counties of England for any Money or Provision taken up by the Scottish Army IV. You shall be Careful to clear the Proceedings of the Parliament of England towards the Scots if you find any false Reports or Imputations cast on those Proceedings by persons ill-affected to the Peace of both Kingdoms V. You shall upon all fit Occasions assure the Parliament of Scotland of the good Affections of his Majesties Subjects of the Parliament of England and all things which shall concern the Service of his Majesty and the Peace and Prosperity of both Nations VI. You shall be Careful to certify the Lords and Commons in this present Parliament from time to time of all Proceedings therein and of all Occurrences which shall concern the good of this Kingdom VII You shall put in Execution such further Instructions as you shall receive from the Lords and Commons in this present Parliament with his Majesties Approbation and Consent signified under his Royal Hand It was Ordered Mr. Nichols to go with the Petition c. 1000 l. advanced for the Charges of the Commissioners That Mr. Anthony Nichols a Member of this House shall go to his Majesty from this House with the Petition and Instructions It was likewise Ordered That a Thousand pounds shall be advanced by Sir Robert Pye Mr. Wheeler and the Treasurers of Money for Westminster for the Commissioners Charges and their Acquittance or any two of them to be a Discharge Sir Philip Stapleton and Mr. Hollis were also Ordered to attend Her Majesty Sir Ph. Stapleton and Mr. Hollis to attend the Q. before they go for Scotland to know what Commands her Majesty will lay upon the Members of this House that are to go to His Majesty in Scotland The Lord General as indeed any person moderately skilled in Martial Affairs would have done made some difficulty it seems of letting so powerful an Army though of our Dear Brethren of Scotland March through so Important a Pass as the Town of Barwick and upon this wrote to the Parliament concerning it Whereupon the Lord Keeper Littleton returned this Answer My Lord I Have received your Letter dated the 16th of this
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
Time The Parliament indeed had one sent over from the Lords Justices in Ireland and I find in the Journal of the Lords that it was read in their House but in regard though it had some Scandalous Reflections upon the King as being willing to favour their Religion which in due time we shall prove utterly false and that in this common Calumny they agreed with the English Rebels yet in regard it seemed and that not without great probability to charge the Rebellion upon the Parliament and their present Proceedings and future Intentions the thing was at that time smothered for it is neither Entred in the Journal as usually Papers of that Importance were wont to be nor can I find any Order for the Printing or Publishing of it or for any Answer to take off the Charge of the Rebels against the Parliament Take it however as I find it in Print The Remonstrance of the Rebels in Ireland WHEREAS we the Roman Catholicks of this Kingdom of Ireland The Remonstrance of the Irish Rebels Oct. 23. 1641. have been continual Loving and Faithful Subjects to his Sacred Majesty and notwithstanding the General and Hard Oppressions suffered by Subordinate Governors to the Ruine of our Lives Honors and Estates Yet having some Liberty of Religion from his Majesty out of the Effluence of his Princely Love unto Vs We weighing no Corporal Loss in respect of that great Immunity of the Soul are inviolably resolved to infix our Selves in an immutable and pure Allegiance for ever to his said Royal Majesty and his Successors Now so it is That the Parliament of England Maligning and Envying any Graces received from his Majesty by our Nation and knowing none so desired by us as that of Religion And likewise perceiving his Majesty to be inclining to give us the Liberty of the same drew his Majesties Prerogative out of his Hands thereby largely pretending the General Good of his Majesties Kingdoms But We the said Catholicks and Loyal Subjects to his Majesty do probably find as well by some Acts to pass by them the said Parliament touching our Religion in which the Catholicks of England and Scotland did suffer as also by Threat to send over the Scottish Army with the Sword and Bible in Hand against us that this whole and studied Plot was and is not only to extinguish Religion by which we altogether live Happy but likewise to supplant us and raze the Name of Catholick Irish out of the whole Kingdom And seeing this Surprize so dangerous tending absolutely to the overthrow of the Liberty of our Consciences and Country and also our Gracious King's Power forced from him in which and in whose prudent Care over us our sole Quiet and Comfort consisted and without the which the Fear of our present Ruines did prescribe the Opinion and premonish us to save our Selves We therefore as well to regain his Excellent Majesties said Prerogative being only due to him and his Successors and being the Essence and Life of Monarchy hoping thereby to Confirme a Strong and Invincible Vnity between his Royal and ever happy Love unto us and our faithful Duty and Loyalty to his incomparable Majesty have taken Arms and possessed our Selves of the best and strongest Forts of this Kingdom to enable us to serve his Majesty and defend us from the Tyrannous Resolutions of our Enemies Thus our Consciences as we wish the Peace of the same to our selves and our Posterity is the Pretence and true Cause of our present Rising in Arms by which we are resolved to perfect the Advancement of the Truth and the Safety of our King and Country Thus much we thought in General fitting to publish unto the World to set forth our Innocent and just Cause the particular whereof shall be speedily declared Dated 23 October 1641. We do declare unto God and the World That what we do or have done is for the Maintenance of the Kings and our Religion and for fear these our Doings should be misconstrued We thought good to make known unto the World by this our Declaration and Remonstrance 1 The several private Meetings of Factious and Ill-disposed People unto our Government and Common-Wealth at several Places Plotting and Devising our utter Ruine and the Extirpation of our Religion 2 Several Men imployed by them with Instruments ready drawn for to get Hands thereunto to be preferred to the Parliament of England whereby they would have the Papists as they call them and the Protestant Bishops of the Kingdom whom they joyn with the Papists and hate as they hate the Papists the Bishops to be deposed and the Papists banished or otherwise rooted out of this Kingdom 3 The Government of this Kingdom successively put into the hands of so many Needy and Poor Ministers who for raising of themselves have by scruing Inventions Poll'd the Gentry and Commons of this Kingdom that no Man was secured of any thing he had 4 We saw his Majesty to whom we thought to Address our selves was so oppressed by the Arrogancy of such Faithless and Disloyal Subjects and as it were cut off from all Prerogative that we could not expect any Redress as long as they ruled in his Kingdom as now they do All which we taking into our serious Consideration did fear we should be circumvented on the suddain and for our Security did think fit to arm our Selves for our own Defence and Safety of his Majesty from such wicked Perturbers of all Common-Wealths where they get any Superiority that they will not admit either of the Kings or Bishops as well Witness Germany and for the Places we have taken we will yield them up when his Majesty pleaseth to Command us and takes a Course for Securing of us and the Protestants of this Kingdom who are only his true and obedient Subjects against such Factious and Seditious Puritanes the Disturbers of all States as had brought the like Misery on Queen Elizabeth and King James had they not been by them and their wise Councels prevented which we thought fit to intimate unto the good Subjects that they may the more willingly assist us until we be at better leisure to make our great Grievances known unto his Majesty and he have more power to relieve us And because they nor any others shall have any reason to accuse me with Partiality I here present the Reader with a Narrative which I find Printed in P. W.'s Answer to the Lord Orrery as follows THey therefore meaning the English Nation and the whole World A Narrative of some things done in the beginning of the Rebellion which Irish Papists plead in mitigation of their taking Arms. may be pleased to know That We speaking of the Irish are so far from justifying any horrid Actions perpetrated at that time when but a few of any Quality raised a Rebellion in the North as we have and still make it our request That those Crimes and all Massacres and Murthers then or after committed whoever shall be
Army in the North he desired before he was Examined of his supposed Crime that he might have the Judgment of the House of Lords and the Resolution of the House of Commons Whether the Act of Pacification and Oblivion do not interpose and exempt him from being Questioned for the supposed Crime whether it be Civil or Criminal This he doth not plead as a Pardon which would imply a Crime which he is not guilty of but as his own Sense upon that Act. Hereupon the Act of Oblivion was read An Explanation of the Extent of the Act of Pacification and afterwards the Lords Commissioners that were present did averr That in their Treaty with the Scots Commissioners they never did intend the said Act should Extend further than to things past between the Two Kingdoms of England and Scotland in matters of Hostility and things thereunto belonging and not to things to come For further Debate hereof the House was adjourned into a Committee during pleasure and the House being Resumed it was Resolved upon the Question Nemine Contradicente That it belongs to the House of Peers by the Ancient Laws and Constitutions of this Kingdom to interpret Acts of Parliament The House of Lords the Interpreters of Acts of Parliament in time of Parliament in time of Parliament in any Cause that shall be brought before them And it is likewise Ordered That Mr. O Neal shall be Examined by the Deputed Lords appointed for that purpose notwithstanding his Allegation Upon Information given this day to the House Riot in the Forrest of Windsor That certain persons of Egham were apprehended by Order of this House for killing the King's Deer and committing Riots in the Forrest of Windsor and Egham Walk and being in the custody of the Messenger were Reskued out of his hands by violence by some of their Companions Hereupon it is Ordered That a Warrant be sent to the Sheriff of Surrey to assist the Messenger of this House for the apprehending the former Delinquents and of such persons that rescued them out of the Messengers hands and that they be brought before this House that they may receive punishment according to their deserts These passages may seem too trifling to be inserted into these Collections but I thought it absolutely necessary that by these Insolencies Posterity might see how cheap and contemptible the Actions of this Parliament had made the King in the esteem of the Common People and how unfit it is for Loyal Subjects to ask and for Princes sometimes to part with things which seem little or indifferent for such it may be might be the Regulation of the Forrests which yet it is evident was the Occasion of this Contemptuous Carriage of People of the lowest Rank towards him who ought to have been esteemed their Dread Sovereign by the highest But it was no wonder to see them follow the Example of their Superiors who committed daily Riots upon the King's Prerogative and Reputation But to proceed Lord Keeper Reports Conference about the Letters from Ireland The Lord Keeper reported the Conference with the Commons That he had acquainted them that their Lordships had agreed to six of the Instructions for the Committees in Scotland but the other being of great Consideration by reason of the pressing Affairs of Ireland they were forced to lay aside till a more convenient time 1 Then his Lordship reported That the House of Commons desires the Letter read this Day sent from the Lords of the Council in Ireland may be communicated to the City of London to let them see the truth of the Affairs of Ireland that so they may be the better stirred up and induced to lend Mony for the present supply of the business of Ireland and to this purpose the House of Commons will imploy some Members of their own Which Proposition this House agreed to 2 That in regard of the present urgent Occasions of Ireland the House of Commons thinks it fit the Six Thousand Men which both Houses resolved should be sent into Ireland out of England shall be increased to the Number of Ten Thousand Men and Two Thousand Horse Which the Lords also agreed to 3 That the House of Commons had voted to desire the Assistance of our Brethren of Scotland against Ireland for 10000 Men not presently to be sent but at such times and in such Manner as shall be agreed upon by Articles and Conditions of both Parliaments according to future Occasions Whereupon it was Resolved upon the Question c. That this House shall desire the Aid of our Brethren of Scotland for 1000 Scots for the present to be sent over into Ireland with an Intimation of a desire of 9000 more to make up 10000 Men if Occasion be according to such Articles as shall be agreed upon with the Parliament of England The same things were Voted in the Commons House only concerning the Scots some little difference viz. Resolved c. That this House doth incline to accept of the Offer of the Scots for sending of Ten Thousand Men into Ireland under such Conditions and upon such Cautions as shall be Honorable and Safe for this Kingdom Resolved c. That unless the Scots shall condescend to be commanded by the Government of English settled in Ireland that there is no intention that any should go at all The Dean of Ely Dr. Fuller Dean of Ely Bailed Dr. Fuller was upon his Petition this day Ordered to be Bailed and Colonel Fitz Williams who for Transporting several Men into France was in Custody was discharged of the Serjeant and Ordered to attend the House It will possibly by this time be expected that we should take a Trip over the Sea to see the Posture and Condition of that deplorable Nation of Ireland and the Progress of the Rebellion of which every day produced some of Job's amazed Messengers bringing ill Tidings one upon the neck of another And indeed not only every day but almost every hour produced fresh intelligence of the greatness of the Conspiracy and the inhumane Cruelty of the Rebels who Robbed Stripped and Barbarously Murdered the Protestants wherever they got them into their Power The Lord Blaney himself brought the account of the surprisal of his House Wife and Children by the Rebels in the County of Monaghan An advertisement came from Sir Arthur Tyringham of the taking of the Newry and the poor English who escaped the fury of the Rebels brought continual fresh Relations of the miserable Condition of the Province of Vlster where the Rebellion first took its rise It may well be imagined that the consternation at Dublin was extraordinary occasioned both by the true Accounts which daily arrived and the false Rumors which upon such occasions a general Fear and Amazement is wont to produce the City was weak and defenceless The sad Condition of Ireland at the time of the Rebellion and the Popish Party within it great and formidable and the Rebellion now
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
Officers as to me shall seem expedient for the Levying of Forces for the Defence of the said Kingdom of Ireland of such Persons as shall voluntarily undertake the said Service I do hereby Constitute and Appoint you Collonel of a Regiment of Foot-men to serve in this present Expedition which Regiment you shall by Virtue of this Commission forthwith Levy in such parts of His Majestie 's Kingdom of England as you shall think fit for His Majestie 's Service in this urgent occasion And this Regiment being Levied you shall receive it into your Charge as Collonel and conduct it to the City of Chester where you shall Embarque it and Transport it with all possible speed unto the City of Dublin in His Majesties Kingdom of Ireland and diligently Exercise your Regiment Commanding all Officers and Soldiers of the said Regiment to obey you as their Collonel for His Majestie 's Service according to the Commission given you And you are likewise to observe and obey such Orders and Directions as you shall receive from my self and the superior Officers of the Army according to the Discipline of War Given c. After which the House entred upon the Debate of the Ordinance Ordinance to raise the Train Bands Assented to by the Lords for Enabling the Earl of Essex and Holland to raise the Trained-Bands And after a long Debate it was Assented to with some little Alterations and so sent down to the Commons It was this day Ordered That the Justices of Peace Order to put the Laws in Execution against Recusants and Depaty-Lieutenants and all other His Majestie 's Officers and Ministers in every County shall take Care to put the Laws in Execution against those Recusants That do not observe and obey the Order of this House made the 16th of this Instant November The Order was to Command them to depart from London to their several Places of abode in their respective Countries Mr. Wiseman the Remembrancer of the City of London No Priests to be found in the City gave the House an Account That there hath been a search made in London for Priests and Jesuits and they could find none but have Apprehended four Persons who refuse to take the Oaths of Allegiance and Supremacy Whereupon it was Ordered That the Recorder of the City of the said City shall Proceed against those Persons according to Law In the House of Commons Commons Vote a second Plot of the Army they fell upon the Business of the Plot of the Army and the several Examinations being read which were taken by the Deputed Lords were transmitted to the Commons The Examinations were Mr. Daniel O Neal's taken November 13. Sir Jacob Asteleys Examination Sir John Conyer's his Examination Sir Charles Lucas his Examination October 29. A Second Examination of Sir John Conyer's which was taken October 30 which was twice read as was also that of Captain William Legg taken the same day The Examination of Sir Foulk Huncks taken 29 of October upon which the House proceeded to this Vote Resolved c. That upon the Examinations now read there is sufficient Evidence for this House to believe That there was a second Design to bring up the Army against the Parliament and an Intention to make the Scotch Army stand as Neutrals It was Ordered That Sir John Hippeslley and Sir John Franklyn shall appoint some Guards with Halberts to stand in places most convenient for the safety of this place It was also Ordered That Mr. Oneal shall be allowed 5 l. per Week out of the Arrears of his pay from the time of his Committment for his present maintenance That Sir Simon Harcourt shall have 20 s. per diem above his ordinary pay as Commander of the Forces in Dublin and that 457.6.8 being a months pay shall be advanced for his Officers and 101 l. for providing of Halberts Ensigns and Partisans Orders were also issued from this House to the Sergeant at Arms attending the House to search for Priests and Jesuits as also to the Lord Mayor and Sheriffs of London to search diligently in the City this night The Lord Keeper did this day Report the Conference with the Commons Thursday Novemb. 18. That the House of Commons were of Opinion That there was reason enough for the Lords to joyn with them for securing the Persons of Popish Recusants and that they were not satisfied with their Lordships Answer at this time touching that business 1. Because they conceive the Popish Recusants are of as much danger The Commons Reasons for securing PoPish Recusants in the Country among their Friends and Neighbours of their Religion as they are here at this time especially when they have liberty to go abroad 2. That the Penalty is only against Convicted Recusants and the House of Commons desires it may be against suspected Persons and Favourers of Recusants 3. It would ask too much time to stay for the putting of the Laws in Execution at this time therefore the House of Commons desired that they may be secured by Imprisoning of their Persons and that for these Reasons 1. They always take security against the breach of the Peace if it concern only a private Person this is concerning the security of the whole Kingdom none is so fitting to be given as the Imprisonment of their Persons 2 That at this time they had reason to suspect the Papists and to secure them upon these Grounds 1 The Tye that lies upon their Consciences to secure the Kingdom when it is in so much danger 2 Considering the Rebellion now in Ireland for the Cause of Religion 3 Considering the Informations and Relations from sundry Parts of the danger of Recusants here and the Correspondency is conceived they have with the Business in Ireland 4 Considering both Houses had joyned by Ordinance to disarm Recusants according to Law This the House of Commons said had been done formerly upon Suspition of Danger as in 88. The House of Commons intend this should extend to the most Chief and Active Recusants of the greatest Quality and Danger a List of such Names as they desire may be secured they will bring up very speedily and they intend they should be as Hostages for the Peace and Security of the Kingdom no hurt being meant to their Persons If this were not done the House of Commons said They could not Answer for the Safety of the Kingdom Next was reported the Reasons of the Commons why they desired that the Government of the Isle of Wight being of so great Importance to this Kingdom may be Sequestred for the present into another Hand Because the Earl of Portland 's Father Mother and Wife were and are Recusants and that a Sister of his married a Recusant and if these Reasons did not satisfy their Lordships The Commons Reasons for removing the E. of Portland from the Government of the Isle of Wight The E. of Portland's defence they desired Liberty to bring up other
have a Copy of the Declaration against him and shall put in his Answer thereunto on Tuesday come seven Night The Commons were also in an extraordinary heat about the Halberdeers who were set to prevent Tumults and Riots Routs and unlawful Assemblies which now frequently resorted to Westminster to cry out against the Bishops and their Votes in Parliament some of the Halberdeers were called to the Bar and Examined and they giving the same Account as was before given to the Lords the Bailiff of Westminster the Constable of St. Clement Danes and the Under-Sheriff of Middlesex were ordered to be sent for to give an Account of the Reason of placing those Guards about the Parliament House And thereupon it was Voted Resolved c. That the setting of any Guards about this House Vote of the Commons concerning the Guard of Halberdeers set about the Parliament House without the Consent of the House is a breach of the Privilege of this House and that therefore such Guards ought to be dismissed And thereupon the Serjeant at Armes attending the House was appointed to Command them to depart which was done accordingly The House then sell into Debate concerning the treating with the Scottish Commissioners concerning raising Men for the relief of Ireland and upon the Question it was Resolved c. That this House doth Approve and Consent that his Majesties Commissioners named by the House and appointed to treat with the Scotch Commissioners shall treat with them for the raising of 10000 Scots for the Occasions of Ireland Sir Walter Earl then gave Information to the House of some dangerous Words spoken by several Persons but did not Name them whereupon it was Ordered That Mr. Speaker should issue out a Warrant to apprehend such Persons as Sir Walter Earl shall nominate to him for speaking Words of a dangerous Consequence This was one of the common Arts which they used to restrain those who were able from informing the People of the dangerous Consequences of their own Proceedings and Liberty of Speech seemed now to be wholly confined within the Walls of St. Stephen's Chappel or if any of that common Privilege of Mankind was indulged it was only to the Favourites of the Faction the Sectaries and Schismaticks who they were assured would be very serviceable to them in imploying that Liberty to traduce and Calumniate the King the Bishops the Government of the Church and whatever was either Orthodox or Loyal but for others if they once dared to Intrench upon the Privilege of the Pretended Sects or to correct those Liberties they took to defame the King and his Ministers the Church and her Governors or to arraign any of the violent Proceedings of the Faction these Religious Spies and Setters immediately gave Informations against them to some of the Members of the Commons and these Men had a certain devise to punish Men who had transgressed no known Law for Crimes which would not bear an Indictment or the Test of a Jury of their Peers by bringing them under the Rod of the Commons House for Words of dangerous Consequence for which constructive Offences their Persons were imprisoned and their Purses fleeced by the Serjeant and his Officers as if they had been the most notorious Malefactors Such precious beginnings had this Dawning of the glorious Day which they promised the People should be nothing but one continued Sun-shine of Liberty and Property without the least Cloud of Arbitrary or Exorbitant Government But as a great Man said upon another Occasion in this present Parliament Misera est servitus ubi jus est vagum et incertum Where known Law ends there Slavery begins And where our Law knows not how to lay an Indictment it must certainly be something Arbitrary that inflicts a Punishment But this was the Case of Loyalty Men were not only made Offenders for a Word but for such Words as were justifiable by the Laws of God and Man His Majesty whose Zeal for the Church was as Eminent as his Piety and Devotion were singular and most extraordinary observing what an Inundation of Schisme and Errors were flowing in upon the Church the Pretence of Reformation letting loose all the Schismaticks who pretended to be the great Reformers issued out a most Excellent Proclamation to prevent that Disorder Division and Separation which he too Prophetically foresaw would indanger the Subversion of the very Essence and Substance of Religion The Proclamation was as follows A Proclamation for Obedience to the Laws Ordained for Establishing of the True Religion in this Kingdom of England HIs Majesty considering that it is a Duty most beseeming A Proclamation for Obedience to the Laws for Establishing the true Religion in England Dec. 11. 1641. and that most obligeth Soveraign Authority in a Christian King to be careful above all other Things of preserving and advancing the Honor and Service of Almighty God and the peace and tranquility of the Church to which end His Majesty with his Parliament hath it under Consideration how all just Scruples might be removed And being in the mean time sensible that the present Division Separation and Disorder about the Worship and Service of God as it is Established by the Laws and Statutes of this Kingdom in the Church of England tendeth to great Distraction and Confusion and may endanger the Subversion of the very Essence and Substance of true Religion hath resolved for the preservation of Vnity and Peace which is most necessary at this time for the Church of England to require Obedience to the Laws and Statutes Ordained for establishing of the True Religion in this Kingdom whereby the Honor of God may be advanced to the great Comfort and Happiness both of His Majesty and his good Subjects His Majesty doth therefore Charge and Command That Divine Service be performed in this His Kingdom of England and Dominion of Wales as is appointed by the Laws and Statutes Estadlished in this Realm and that Obedience be given by all His Subjects Ecclesiastical and Temporal to the said Laws and Statutes concerning the same And that all Iudges Officers and Ministers Ecclesiastical and Temporal according to Iustice and their respective Duties do put the said Acts of Parliament in due Execution against all willfull Contemners and Disturbers of Divine Service contrary to the said Laws and Statutes His Majesty doth further Command That no Parsons Vicars or Curates in their several Parishes shall presume to introduce any Rite or Ceremonies other then those which are Established by the Laws and Statutes of the Land Given at His Majesties Palace of White-Hall the tenth Day of December in the Seventeenth Year of His Majesties Reign God save the KING But the Root of the Schism lay too deep to be Cured by a Proclamation and the Separatists knew where to take Sanctuary not only for their Disobedience to the Laws made in favor of the Church but of the Crown too or otherwise they would not in such riotous and Tumultuous Manner
be taken for the reâ—â—ring of them that the Towns and Castles of Carrick-fergus and Colerain shall be put into the hands of the Scots to be places for their Retreat Magazines and Garrisons And that those Towns and Castles shall remain in the Scots hands untill the Wars shall end or till they shall be discharged of that Service this House holds it fit likewise to accept of the Publick Faith of the Kingdom of Scotland for the redelivery of the said Castle and Towns and that the Kingdom of England shall give Publick Faith for the Payment of all Dues that shall arise upon this present Service Resolved c. That for the Provision of Victuals for the Scots Army Money shall be advanced out of their Pay to enable them to make Provision which they may make out of any Parts of England and Wales to their best advantages and that to Transport it they shall have the same assistance for providing of Shipping from the State that the English Army hath And that his Majâ—â—y shall be moved to grant his License for the Transporting thereof Custom-free Caution being given that under colour of such Provisions victuals be not carried to the Rebels And if this Proposition be not accepted then the like Provisions shall be made for them as shall be made for the English Army And the rest of the Article is assented to Resolved c. That this House holds it fit to Assent to the Scots third Proposition and that Power shall be given to the General there to raise Horses for the Service exprest in the Article at the publick charges of that Kingdom as they shall have occasion to use them Resolved c. That this House holds it fit to Assent unto the Scots 4th Proposition Resolved c. That the Scots shall go in the Way and Order of an Army under their own General and Subaltern Officers which General shall have the same Pay that the Scots allowed when they imployed one themselves and that they shall have the Province of Ulster appointed wherein they shall first prosecute the War And to that part of the Article concerning Power to give Conditions to Towns Castles c. as shall be most expedient for the Service it is assented to but not to give any Toleration for the Popish Religion To be treated on further That their whole Army should be Commanded out of the Circle by the Lord Lieutenant of Ireland if he shall think fit before the Rebellion be totally Suppressed in Ulster as also that a third part of their Army may be drawn away upon occasion Resolved c. That the Scotch shall be entertained and paid for three Months and that they shall have a Months Pay advanced before hand and shall be afterwards Pay'd as the English Army is This to be the Answer to the first part of the sixth Article the House doth assent unto the Rest Resolved c. That the seventh Article shall be recommitted All which Votes of the Commons were read before the Lords but nothing further done in it at this time Then a Conference was had between the two Houses touching the Kings Message concerning the Lord Kymbolton and the Five Members of the Commons House where this following Vote of the Commons was communicated to their Lordships for their Concurrence and the Lords did in terminis concur with them in it Vote of the Lords and Commons against the Attorney General and it was Resolved c. That the Impeachment made by Mr. Attorney in the House of Lords against the Lord Kymbolton and the five Members of the House of Commons and the proceedings thereupon is a high breach of the Priviledge of Parliament Whereupon a Committee of 21 Lords and a proportionable Number of Commons were appointed to draw an humble Petition to his Majesty that those that did inform his Majesty against the Members mentioned in the Messages from his Majesty may come in betwixt this and next Thursday to charge them or else that they may be freed in such a way Election for a Burgess for Arundell as the Parliament shall think fit In the House of Commons a Debate happened this morning concerning the Return of a Burgess for the Town of Arundell which came to this Vote Resolved c. and Ordered That Mr. Downes who is returned a Burgess for the Town of Arundell in â—he County of Sussex under the Common Seal of the Town by the Mayor of that Town shall be presently Sworn and admitted as a Member into the House until such time as the Election be Determined And to make it sure that he should continue so the Question being put for the reviving of the Committee for Priviledges it past with the Negative And it was further Ordered That the High Sheriff of the County of Sussex who has Returned two Indentures for the Town of Arundell shall be Summoned to appear here at the Bar to amend his Return Then Sir Henry Mildmay acquainted the House Marquess of Hamilton's Complement to the Commons concerning the Arms at Fox-Hall That the Marquess of Hamilton was Yesterday informed That this House had made an Order for the removal of a 1000. Musquets and several Pieces of Ordnance from Fox-Hall to the City of London for more safety in these times of trouble He saith That he had some Pieces of Ordnance there belonging unto him which were given him by the King of Sweden but however was willing that this House should remove them to London or elsewhere and to remain there as the House shall think fit Upon the Debate of the Conference to be desired with the Lords concerning the Lord Digby and the Kingston Business Sir Philip Stapleton made this following Speech Mr. Sir Philip Stapleton's Speech concerning the Lord Digby Collonel Lunsford Jan. 15. 1641. Speaker IT is the continual practice of the Devil after any of his Works of Darkness and Maliciousness intended against God and his Christ is discovered and Annihilated by the special Power of Divine Providence to practice new being always striving to encrease his own Kingdom always winning to himself fresh Instruments to yield to his Suggestions and Temptations and Execute the same I am now to speak concerning this new Treachery and Conspiracy endeavoured to be practised by two Eminent Persons that have especially the one of them obtained the Favour not only of their Prince but applauded for their better Parts by most of his Majesties Subjects the Lord Digby and Coll. Lunsford The first had the Honour to sit in this House as a Member thereof so well approved was he both of his King and Country none more Fervent against evil doers at the first then himself seemed to be both by his Speeches and Disputes but in heart always as it seems Favouring the Bishops and their Cause although it seemed but a little yet increasing daily more and more grew to such strength in his oâ—â—ion concerning his own worth that he adventured to take part
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
whatever opinion others may have of such half-faced Historians I cannot conceive but that even the Cause of Protestancy which these Persons pretend so much to Patronize does extremely suffer by their manifest Partiality There is not any one particular which hath been Exaggerated with more vehemence then the Cruelty of the Rebels by Sir John Temple Dr. Borlase and others and doubtless their Cruelty was strange and barbarous but then on the other side there is not the least mention of any Cruelty exercised upon the Irish or of the hard measure they received from some of the Board in Ireland who were of the Parliamentarian Faction and Scottish Religion which rendred them desperate and made the Rebellion Universal they take no notice of the Severities of the Provost Martials nor of the Barbarism of the Soldiers to the Irish which was such that I have heard a Relation of my own who was a Captain in that Service Relate that no manner of Compassion or Discrimination was shewed either to Age or Sex but that the little Children were promiscuously Sufferers with the Guilty and that if any who had some grains of Compassion reprehended the Soldiers for this unchristian Inhumanity they would scoffingly reply Why Nits will be Lice and so would dispatch them And certainly as to acknowledge an undeniable Truth does in no manner Excuse the barbarous Cruelty of the Rebels so to deny or smother Matters of Fact so easily to be proved even by many Protestants still alive has given the Papists the advantage to bring into Question especially in Foreign Courts and Countries the truth of all those inhumane Cruelties which are charged upon them by such Writers as are found Guilty of such manifest Partiality It is most evident that the Lords Justices Parsons and Borlase did by their Authority Command many things which did not only Exasperate but render the Irish Desperate as will appear by several of their own Letters and publick Acts of State and that in the first Eruption of the Rebellion they had a greater Eye to the Forfeitures of the Rebels Estates then to use such means as might by the hopes of Pardon induce the better sort of the Nobility Gentry and Freeholders to hear Reason and to come in and submit themselves to His Majesties mercy though they had express direction from the King and the Two Houses so to do and it is no less notorious that Sir John Temple in writing his History was bound by Confederacy to assert the proceedings of the then Lords Justices and I cannot find him high in Reputation with the prevailing Usurpers of the Parliamentarian Faction and by them impowered as a Commissioner to impose upon the Protestant Subjects of Ireland that Traiterous Disloyal and Detestable Solemn League and Covenant which was a direct Oath of Confederacy not only against but purposely to Ruin and Destroy the King the Church and the Loyal Party I cannot observe his Book to be Printed in London by publick Allowance in the Year 1646 at a time when no Books were licensed but such as made Court to the prevailing Faction of the Usurpers or which might be helpful to support their Calumnies against His Majesty especially as to the Irish Rebellion I cannot find him decrying the Cessation of 1643 without too just a suspition of his Integrity and that his Biass was too strong to that Party to which he was a Confederate to expect from him an account of those Affairs without the apparent Guilt of prejudice and partiality The late Earl of Orrery cannot escape the like suspition with any Person that considers him Exercising the Talent of his Eloquence in perswading the notorious Rebel Cromwel to Establish his Usurpation by fixing the Royal Diadem the Imperial Crown of these Realms upon his infamous Head nor is it possible to look upon him as an impartial Writer who in the blackest of times rendred himself by his Services to the Usurper so notoriously Conspicuous to the Three Kingdoms being during that gloomy Scene of our Gracious Sovereign's Banishment Lord President of Munster in Ireland President of the Council of Scotland and in England a Lord of the other House in one of the Usurpers mock-Parliaments and to instance in another of his Titles thô not so Illustrious he was Agent for the Fanatiques Established by Cromwel in the Estates of the Irish who repenting of their folly had served His Majesty against the English Rebels at that time when he writ that Treatise which is so warmly answered by Peter Walch As for Dr. Borlase besides the nearness of his Relation to one of the Lords Justices and his being openly and avowedly a favourer of the Faction and the Men and Actions of those times he is an Author of such strange inconsistency that his Book is rather a Paradox then a History and it must needs be so for I know not by what accident the Copy of a Manuscript written by the Right Honorable the late Earl of Clarendon happening to fall into his hands he has very unartfully blended it with his own rough and unpolished heap of Matter so that his Book looks like a curious Imbroidery sowed with coarse thread upon a piece of Sackwebb And truly had he no other Crime but that of a Plagiary it is such a sort of Theft to steal the Child of anothers Brain that may very well render him suspected not to be overstockt with Honesty and Justice so necessary to the Reputation of an unblemished Historian but it is far more unpardonable to castrate the Lawful Issue of another Man's Pen and thereby disable it from propagating Truth and to teach it to speak a Language which the Parent never intended And yet this is the exact Case of Dr. Borlase's History in which he has taken great Pains to expunge some and alter many Passages which he thought were too poignant against his Favourites or spoke too much in Vindication of his late Majesty and his Ministers as in divers particulars hereafter the Reader will observe The World is threatned with a History from another hand which when ever it comes will lie under the same disadvantages with these former Authors and if it may be prejudged by a Specimen already made Publick it will not be very fortunate in the World nor fail of being Sifted and Exposed if it does deserve it by straying from the Road of Truth and leading the World into the Crooked Meanders of Erroneous Partiality And now having given an account how sensible I am of the mistakes and failings of those who have travailed before me in these Irish Transactions I am to acquaint the Reader that my Intention is to Winnow the truth out of their Writings but not to follow them further then good Authority concurring with them shall incourage me and that I have no intention to disclaim any thing in them but such things as are either mistaken or misrepresented in matter of Fact or Written with the strong bent of Partiality purposely
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
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
Compositions he hath paid near 100000 l. into the Exchequer and they had no other Priviledges than what was exercised in the Commission and in former like Commissions and as are in the present Commission to the Lord Treasurer and others To the Nineteenth he saith The last Summer was twelve months when the English and Scotch lay in the Fields near Berwick the Earl and Council of Ireland having a general motion thereof were in fear that the Scots in Vlster being almost 100000 in number might be drawn to side with the Covenanters and advising how to secure that Kingdom the Principal of the Nation of Scotland living in Ireland came to Dublin and Petitioned That he might have an Oath whereby they might give Testimony of future Obedience to His Majesty whereupon an Oath was by the Advice of Council of State framed and chearfully taken by those Scotch Gentlemen and generally by all the Nation in Ireland as the Earl conceives to their advantage and the satisfaction of others he believes that some were Sentenced for refusing it but none were otherwise exiled The Earl in his Vote said That he would endeavour that all of that Nation should take that Oath or leave the Kingdom all which was done by His Majesties Direction and Approbation and it was not contrived to the intents in the Article Charged but to prevent their adhering to the Covenanters then in open Arms and not concerning the Ceremony or Government of the Church To the Twentieth he saith That in the Year 1638. the Earl was in Ireland when Preparations were made for War and Summons sent to the Nobility of this Kingdom In the Year 1639. a General was appointed and an Army drawn to the Field and Encamped near Berwick whereby it appears he was not acquainted that the Article of Pacification had been broken on both Sides and so distempered that it was held fit an Army in England should be raised to suppress the Covenanters if the business could not with Honour and Safety be otherwise composed The said Earl humbly advised His Majesty to call a Parliament and used many Motives thereunto after the Parliament was called and before the Sitting thereof ten of the Lords and other of the Council for Forreign Affairs being assembled His Majesty then present an Honourable Person related the Covenanters Demands it was then Voted by all That they were such as might not in Honour and Safety be condescended unto by His Majesty and if they could not be otherwise reduced His Majesty must be constrained to bring them to it by force the like Resolution was after at the Council-Table by twenty of the Council Whereupon His Majesty appointed a Council of War and it was held necessary to borrow 200000 l. upon good Security till the Supplies by the Parliament might come in He never said the Scotch Nation were Rebels but was ever perswaded that many of them are most Loyal Subjects Those that raised Arms when they were at such distance from His Majesty he might say they were no less than Rebels and Traytors by Warrant from the Lord Admiral he caused divers Ships and Goods to be seized but not with an intent to set on the War but as much as in him lay to bring all to fair Accommodation without expence of blood To the 21th he saith The pacification was broken before he came over as in the Answer to the former Article he moved His Majesty for a Parliament in England but not with such intent as in the Article but out of a desire to have settled a right Understanding between the King and His people It may be he said though he remembreth it not that if the Parliament would not Supply His Majesty he would serve His Majesty in any other lawful way being well assured that His Majesty would not imploy him nor any man else in any other kind To the 22th he saith According to His Majesties Instructions he did set forth to the Parliament of Ireland the State of the Affairs as they then stood and they freely gave four Subsidies as an acknowledgment of His Goodness and happy Government as by the Act and Remonstrance appears in Print He by His Majesties Direction then gave Order for the raising of 8000 Men who still remain in the King's pay and were sent into Vlster to secure those Parts or to land in Scotland to divert the Earl of Argile in case he joyned with the Covenanters Army against the King but it was mentioned in the King's Letter 2 Martii 1639. he had purposely given out That they should join with the King's Army at Berwick to colour other Designs but the true cause of their Levying was made known to be as aforesaid unto the Earl of Ormond Sir John Burlace and the Marquiss of Hamilton and Earl of Northumberland at the time of the writing the Letter and he denies the words charged in the Articles or any other words to such intent and purpose To the 23th he saith The matters of the Parliament were no otherwise referred to him than to the rest of the Council that coming sick from Ireland about ten days after the Parliament were set and after the Treaty with the Earl of Dunfermline Lord Lowdon Scotch Commissioners was broken off and the Army preparing and the Parliament not supplying Monies as His Majesty desired His Majesty advised what might move them to prefer His Supply in debate whereof he humbly advised His Majesty by a Message to the House to lay down Ship-Money and promise never to demand it and give way to reverse the Judgment by a Writ of Error in Parliament and to promise a Redress of Grievances when they should be prepared And secondly That they would presently agree upon such Supply as should maintain His Army for reducing the Scots to their Obedience wherein their Safety and His Honour was concerned His Majesty assented conditionally that he might have 12 Subsidies the Earl besought Him that it might not pass as a Condition but to Relinquish Ship-Money and put himself upon their Affections and drew up the Message in Writing and delivered it to Mr. Secretary Vane to deliver to the House of Commons He desired to know if His Majesty would not take less than 12 His Majesty Answered He feared less would not serve His Occasions The Earl of Strafford besought His Majesty to accept of Eight so His Majesty assented and desired Mr. Secretary to signifie so much as occasion should be offered but whether he did so or not the said Earl knoweth not The House of Commons being in debate two days and not Resolving His Majesty about the 5th of May last called a Council at Seven of the Clock in the Morning the said Earl being sick came late and was told as he remembreth by the Earl of Bark-shire the King had declared His Resolution to Dissolve the Parliament the Earl of Strafford besought His Majesty to hear the Advice of His Council and first of those that were Members of 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
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 denied the benefit of the Princely Graces and more especially of the Statute of Limitations of 21 of Jac. granted by his Majesty in the Fourth Year of His Reign upon great Advice of the Councils 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 Publick Faith of the King dom by private Opinions delivered at the Council-Board without Legal Evictions of their Estates contrary to 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 Kingdom 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 Coin of this Kingdom is ingrossed into particular Hands insomuch that your Petitioners do conceive that the Profit arising and ingrossed thereby doth surmount His Majesties Revenue certain or casual within this Kingdom and yet his Majesty receiveth but very little profit by the same 7. The universal and unlawful encreasing of Monopolies to the advantage of a few the disprofit of His Majesty and impoverishment of His people 8. And the extream cruel Vsage of certain late Commissioners and other Stewards of 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 Ulster to the great weakning 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 these 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 than advanced by the Grievances aforesaid and the Subsidies granted in the last Parliament having much encreased His Majesties Revenue by the buying of Grants and otherwise And that all His Majesties Debts then due in this Kingdom were satisfied out of the said Subsidies and yet his Majesty is of late as the Petitioners have been informed in the House of Commons become indebted in this Kingdom in great Sums And they do therefore humbly beseech That an exact Account may be sent to His Majesty how and in what manner His Treasure is issued 12. The Petitioners do humbly conceive just and great fears at a Proclamation published in this Kingdom in Anno Domini 1635. prohibiting men of Quality or Estates to depart this Kingdom into England without the Lord-Deputie's Licence whereby the Subjects of this Kingdom are hindred and interrupted from free access to address to His Sacred Majesty and Privy-Council of England to declare their just Grievances or to obtain Remedies for them in such sort as their Ancestors have done in all Ages since the Reign of King Henry the Second and great Fees exacted for every of the said Licences 13. That of late His Majesties Attorney-General hath exhibited Informations against many ancient Burroughs of this Kingdom into His Majesties Court of Exchequer to shew cause by what Warrant the said Burgesses who heretofore sent Burgesses to Parliament should send the Burgesses to the Parliament and thereupon for want of an Answer the said Priviledges of sending Burgesses was seized by the said Court which Proceedings were altogether Coram non Judice and contrary to the Laws and Priviledges of the House of Parliament and if way should be given thereunto would tend to the Subversion of Parliaments and by Consequence to the Ruin and Destruction of the Common-wealth And that the House of Commons hath hitherto in this present Parliament been deprived of the Advice and Counsel of many profitable and good Members by means thereof 14. By the Powerfulness of some Ministers of State in this Kingdom the Parliament in its Members and Actions hath not its natural Freedom 15. And lastly That the Gentry and Merchants and other His Majesties Subjects of this Kingdom are of late by the Grievances and Pressures before said and other the like brought very near to Ruin and Destruction And the Farmers of Customs Customers Waiters Searchers Clerks of Vnwarrantable Proceedings Pursevants and Goalers and sundry others very much enriched whereby and by the slow Redress of the Petitioners Grievances His Majesties most Faithful and Dutiful People of this Kingdom do conceive great fears that their readiness approved upon all occasions hath not been of late rightly represented to his Sacred Majesty For Remedy whereof the said Petitioners do humbly and of right beseech your Lordships That the said Grievances and Pressures may be speedily Redressed and if your Lordship shall not think fit to afford present Relief that your Lordship might admit a Select Committee of this House of Persons uninteressed in the benefit arising of the aforesaid Grievances to be licensed by your Lordship to repair to His Sacred Majesty in England for to pursue the same and to obtain fitting remedy for their aforesaid and other just Grievances and Oppressions and upon all just and Honourable Occasions they will without respect of particular Interest or Profit to be raised thereby most humbly and readily in Parliament extend their utmost endeavour to serve His Majesty and comply with His Royal and Princely Occasions and shall pray c. To this the Earl replyed that their Lordships might observe that it bore Date Feb. 22 1640. which was since his Impeachment and that it is followed by Faction and Confederacy and a strong Conspiracy against him as if he had time and opportunity he could make it appear And indeed the Complaints of the Irish Nation against him who had in all things endeavoured to promote and
true I confess I think Bishop Atherton was unknown to His Majesty and that I my self recommended him to the Bishoprick and at that time I thought the Bishop a Person fit for that Charge But suppose he had a secret fault of his own God knowes it was unknown to me may not a man be deceived in his Judgment of a man but this shall be turned against him It is a very easie thing for a man to cover his faults from the eye of the World I thought him not a Vicious man he proved so and he had his merit he suffered for it And unless I had the Inspection of Almighty God I suppose this cannot be laid to my Charge if any private End or Respect should appear in the doing of it I desire no more of Your Lordships Favour and I profess I had rather be out of the World than not have the Favour of Your Lordships and the Honourable House of Commons of whom I desire that they would hear me with that Equity that they hear every thing For the Bishop of D. all that is mentioned against him is That he is Impeached of High Treason by the Commons House of Parliament in Ireland And how the Bishop will acquit himself I know not but for that the Bishop must Answer for himself not I. This Bishop hath lived in my House a long time as my Chaplain and I humbly recommended him to that Bishoprick taking him and I hope he will so approve himself to be a very Learned man and that I think no body will deny certainly he hath the Elements to make him a very Worthy Church-man as most I know For that Gwyn I profess I never heard of him before nor do I know him But recollecting my thoughts I think he was recommended to me by my Lord of D. for in Matters of the Church I did use that Gentleman and if I were to begin the World again I would use him still holding him a very honest Worthy Man And I think there was some Rectory or Impropriation that the Earl of Corke had possession of which was restored to the Church and it was of so small and trivial a value that they knew not who to get to serve the Cure and on that occasion this man was recommended to it And I think that if it shall come to be examined Thirty pounds a Year will go far in his Preferment And if such a thing should happen and miscarry in his hands it is no such hainous Crime as is objected But I desire leave to shew what I have done in this kind instead of this Mr. Gwyn and Your Lordships may see a List of those I have preferred to the Church of Ireland and perhaps they may be known to some of Your Lordships and to many Gentlemen of the House of Commons And first I say I preferred Mr. Gray and have done for him according to the means I had by the Favour and Goodness of the King perhaps he hath that which is worth 3 or 4 or 500 l. a Year by my Gift And this Mr. Gray if I be not mistaken was sometimes Chaplain to a Noble Person that sits on the Earls Bench and if it were material further to enquire of him I might give satisfaction what he is I likewise brought into that Kingdom Mr. Tilson now Bishop of Elphin and sometimes Fellow of Vniversity Colledge of Oxford a most Worthy Honest Religious Person he is and those that know him I am sure will give him that Testimony I likewise preferred Dr. Margetson Dean of Christs Church he was of Cambridge and a Worthy man Mr. Forward Dean of Drummore an Oxford man who if he were known would appear worthy of that Preferment Mr. Dean Cressy an Oxford man Mr. Roade Dean of Derry a Cambridge man of Sydney Colledge Dr. Wentworth Dean of Armagh of Oxford Dr. Price Dean of Conaught of Christs Church in Oxford Mr. Thorpe a Cambridge man I preferred likewise one Mr. Parry whom I found in Ireland but all the rest I brought and sent for out of England Nay I sent for them and did those things for them before they did ask the Question or knew of it That being a means under Gods Blessing to conform that Kingdom to the Church of England And these and far greater numbers than these to my best Judgment and Understanding I made use of as Instruments to Gods Glory His true Service and the reducing of the People to the Profession of the same Religion that 's here in England and for no other end But concerning my Carriage of the Trust reposed in me by the King touching these Ecclesiastical Preferments I desire no other Testimony or Witness for me but the Lord Primate of Ireland who is sick and cannot come hither To whom I will appeal whether I have not in my preferring to the Church Preferments carried my self with all clearness and care I could possibly To the point of increasing of Protestants if Your Lordships please to hear any thing in that kind I shall call my Lord Dillon and Sir Adam Loftus who if they should be asked Whether there be more Protestants in Dublin now than when I first came thither I doubt not but they would give an account of a greater number My preferring of none but Protestant Officers if I mistook not E. of Strafford the Noble Gentleman did acknowledge meaning Mr. Pym. To the disposing of the Army without Grievance to the Subject I leave that Billetting of Soldiers in Dublin which was spoken with so much Advantage and Ability above any thing that from such a poor man as my self could be expected and proceed to that which was proved observing That one only Testimony was produced viz. Alderman J. who said they have a special Charter at Dublin to exempt them from Billetting of Soldiers But whether it be so or no it hath ever been denyed by the Deputies And by his own Confession the Foot-Companies of my Lord of Faulkland were Billetted in Dublin And whereas it was said they had Lodgings not Money That was altered upon a Composition with the Soldiers who can expect only Lodging but if for the Ease of the Town they will allow the Soldier Money and leave him to provide for himself it is all one For the Horse Troops My own is and ever since I was there hath been Billetted in Dublin And it is in the power of the Deputy to Garrison part of the King's Army where he pleases and without controversie hath been so at all times And I desire that my Lord Ranulagh may be asked Whether the Soldiers of the Company he hath be not Billetted in Athlone at least some part of it It is true my Lord of Faukland's Troop was not Billetted in Dublin but they were in the Counties round about which was more chargeable And besides here is produced but one single Witness and I hope my own Answer may stand equal and in as much Credit as a
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-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
deposed positively the Words in the Charge The Lord Gorminstone also deposed that he heard the Earl speak those words at another time in open parliament Lord Gorminstone and that the Commissioners who drew the Instructions for the Government of Ireland were a Company of narrow hearted Commissioners The Lord Kilmallock deposed the same Sir Pierce Crosby deposed the same Lord Kilmallock Sir Pierce Crosby My Lord of Strafford after a quarter of an hours respite made his Defence That he had observed the Natives of Ireland have not been Prepitious to their Governours he instanced in Sir John Perrot on their Testimonies attainted of Treason in a legal Ordinary way who lost his Estate though not his Life and yet after it was confest there was little truth in the Accusation My Lord Faulkland had the same treatment being informed against by the same Witnesses Sir Pierce Crosby and Lord Mount-Norris and yet it appeared he had dealt as Honourably Justly and Nobly to his Vnderstanding as any man could do That it was impossible but in the way of Justice a Governour must give Offence to many which he intreated their Lordships to consider He said That though the words were spoken yet were they not Treason and had they been Treason yet by Proviso of Stat. of Ed. 6. the Information ought to be within 30 dayes He instanced in the Lord Cook in Calvin's Case 20 H. 6.8 Dyer 360. to prove that the Laws and Customs of Ireland are diverse from the Lawes of England That he should do Extreamly ill to the Honour of the English Nation and to the memory of divers of their Lordships Ancestors if he should not say and think that Ireland is a Conquered Nation He instanced in the Stat. 11 Eliz. where at the Attainder of Shan Oneal the samous Rebel it is said that all the Clergy were assembled in Armagh at the time of the Conquest That King Henry the Second is in the Statute called the first Conqueror of Ireland That all Histories acknowledg it That he spoke the Words to magnifie the King's Grace and Goodness and that there was then no offence taken at them For the other words That the King might do with them what he pleased let them relate to the Conquest and there is no Offence in them As to the words spoken to the Recorder of Dublin he did with the greatest assevetarion utterly deny the speaking of them Mr. Slingsby his Secretary averred the same and that the first words were so well taken that he was thereupon invited to the Mayor's House at a publique Entertainment To their Charters being void he said it was Evident they were so in point of Law as he was informed by the King's Council for their Non-performance of the Trust reposed in them appealing to my Lord of Cork that the reason of it was that most of the Aldermen were Recusants and would Plead their Charters against the Orders of the Board by which means many great disorders were continued The Managers Urged That this justified a part of the Charge that Charters were judged by the Board whereas the Council-Table hath no such Power The Earl replyed It was not to judg their validity but whether ill Vsage and Extortion were not practised under colour of them and that they were complained of as grievances in Parliament Lord Dillon which the Lord Dillon averred to be true To which the Earl added That he did it in favour of the Protestants who were by these Charters depressed by the Roman-Catholicks and that he looked upon this which was objected as a Crime as a service to the Protestant Religion He said it would perhaps be well known hereafter when he was in his Grave that his great fault was his great zeal to bring them to conform to the Church of England That notwithstanding this they still enjoy their Charters and for his saying Ireland was a conquered Nation it was upon the Occasion of pressing them to supply the Crown for that if the Kingdom of England should still be put to the Charge and the whole Expence rest on the Conqueror you might very well think you are so dealt with as never any other Conquered Nation had been adding There were Copies of his Speech that would justifie what he said and that the Speech was in Ireland That my Lord Ormond told him it was ill resented To which he answered Truly my Lord you are a conquer'd Nation but you see how I speak it and no otherwise The Lord Dillon averred Lord Ranulagh Sir George Wentworth that he stood under the Cloth of State but did not hear the words That they should expect Laws as from a Conqueror The Lord Ranulagh remembred the first words but not their last Sir George Wentworth said That he brought the Speech to the King and in that there was no such word The Managers then Urged That though this was not in that Speech yet some thing was then spoken though in a milder sence but it was spoken after upon Occasion of a Petition delivered by the Commons after they had given the King the Subsidies concerning their Laws To this Mr. Fitzgarret deposed That there was such a Petition Fitzgarret and that there was an answer given either at the Board or in full Parliament from the House of Lords but he does not remember any part of it but afterwards the Earl affirming it was at the Board and not in Parliament he said he conceived there were two Petitions one to the Council another to the Parliament about redress of Grievances but remembers not the Answer But the Lord Gorminstone spoke positively then Lord Gorminston That it was in Parliament upon the Occasion of that Petition wherein as my Lord Strafford observed he contradicted himself having before fixed it on the Speech in the beginning of the Parliament upon Petition of the Commons desiring the benefit of some Graces his Majesty had been pleased to confer on them The Lord Killmallock deposed it was in Parliament Lord Killmallock 3 or 4 dayes after the delivery of that Petition Then the Statute of 28 H. 6. King James's Instructions 1622 and a Proclamation upon them were read dated November 1. 1625. whereby it was Ordered That no private Causes should come before the Board but be referred to their proper Courts Then the 4th Article was read being concerning the Lord of Cork's being disseized of an Impropriation and saying Lord Ranulagh That an Act of State should be as binding as an Act of Parliament The Lord Ranulagh deposed That the Cases of the Church and Plantations were in the times of former Deputies Resolved at the Board and that he never knew any other Titles determined there But the further Disquisition was put off till the next day Upon Friday the Earl of Cork was Examined and deposed Friday Mar. 26. Earl of Cork That the Lord Deputy presented one Arthur Gwyn formerly Groom to the said Earl of Cork to a
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
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
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
was intended only as a Discipline to him the better to remember him to govern his Tongue afterwards towards other Men and that there was no more Prejudice fell upon him by it but two or three dayes Imprisonment so there was no great Animosity in the business besides it appeared to your Lordships that two or three days after we writ to the King and obtained his Pardon so that I conceive the Inconvenience was not very great to him nor the Proceedings such as should make it unpardonable or Criminal in them that gave Sentence upon him whereof I was none For that other concerning Denwitt your Lordships may remember he was found Guilty of Stealing a Quarter of Beef and from Running from his Colours and was formerly burnt in the Hand for that he should be Proceeded against another way But falling out at that time when Five Hundred Men were going over to Carlisle and they being unwilling to be put to Sea we were inforced to those proceedings for the preventing of further Mischief And there is another thing that the Martial-Law hath been alway in Force and Executed in all times in Ireland and never so sparingly as in my time for this is the only Man that suffered all the time I had the Honour of the Government And I dare Appeal to them that know the Countrey Whether in former times many Men have not been committed and Executed by Martial-Law by the Deputie's Warrant that were not Thieves and Rebels but such as went up and down the Countrey if they could not give Account of themselves the Provost-Martial by direction of the Deputies using in such Case to Hang them up I dare say there are Hundreds of Examples in this kind so that as to that I do not Justifie it But I say it is a Pardonable Fault and that others are of Course Pardoned for it And I trust that what falls of Course shall not be laid upon me as High-Treason or conducing to it The next is the Sixth Article and that is in the Case of Richard Rollston and therein I am said to have Subverted the Fundamental Laws by executing a Power and a Jurisdiction which was not Warranted by Law upon a Paper Petition putting out of Possession of his Freehold Inheritance my Lord Mountnorris My Lords That Sentence will appear to your Lordships to be no more then the relieving a Poor Man in case of Equity and it is proved to you to be a Power that hath been formerly practised by the Deputies and I humbly conceive the Decree is just So that my Lords I must confess it is something strange to me That having the King's Letter to Warrant me in the Course of Proceedings and having the Power of former Deputies in like Case and doing no more therein then the Lord Chancellor by the very self-same Law should do in other places And that which should be done by the Chancellor should be Innocent and Just yet become High-Treason when done by me is a thing I understand not The next is the Case of Tonnres and that is waved by them and well may it be for it was in a Case of Plantation there was no Possession altered and it is fully within the Book of the King's Instructions The next is in the Case of Sir John Gifford against the Lord Viscount Loftus which they have Waved and well they may for it was grounded on a Letter from the King Commanding it to be heard by the Deputy and Council which is clearly within the Instructions and hath been since heard by the King and Council-Board and by them Confirmed for a Just Decree The next is the Case of my Lord of Kildare and that they may well Wave too the Proceedings being grounded upon a Letter from His Majesty and nothing done but in persuance of an Award between the Lord Digbye's House and that House of Kildare made by King James The next is the Lady Hibbot's Case and that was Relief given to Poor Men circumvented by Practise to the Prejudice of himself My Lords I had Power to hear that Cause and all Causes of that Nature by the King's Letter and according to the Practise of former Deputies And I conceive it will appear when it comes to be heard to be a just and fair Decree I do not any way question that though I remember little of the business But at the worst this is but an over-exercising of a Jurisdiction and that it should be High-Treason in a Judg to exceed his Jurisdiction I must confess I never heard it I told your Lordships the other day Boni Judicis est ampliare Jurisdictionem But that it should be High-Treason to enlarge Jurisdiction is a perilous Point and if it be so it befits your Lordships and all Judges to be well certained what you may do lest by going too far you fall into great Inconveniences But my Lords I say under favour that all these if they had been done without any manner of Authority had not been a Subversion but rather a diversion of the Law it could not be properly said to be the Subverting of the Fundamental Laws though it might be a diverting and so long as I keep the Rule of the Law and do the same things that another man does in a more legal way I mean in a more warrantable place I say my doing of the same thing in an unproper place is not a Subversion but a diversion of the Law If you will bring in the Thames about Lambeth to come in again below the Bridge the River is the same though the Course be diverted to another place So the Fundamental Law is the same though the Course be diverted to another place I say the Fundamental Law is the same only it is carry'd in another Pipe And Shall this be said to be a Subverting Under favour as the River is the same so the Law is the same it is not a Subversion but a diversion Nor doth it skill where Justice be done I mean so far as it concerns the Subjects Interest for so long as he hath Justice speedily and with least Charge his end is complyed with and it concerns not himself whether he hath it in the King's Bench or Common-Pleas so he hath it speedily and with the least Charge And therefore as long as the Laws are the same though Executed by several Persons and in several places I cannot conceive it to be a subversion And I shall humbly beseech your Lordships to take care that while these straynes are put upon me to make this Personal Charge against me ye do not through my Sides Wound the Crown of England by taking that Power from the Deputy which must of necessity be lodged in him if you will have that Kingdom depend upon the Crown of England which I hold in all Wisdom and Judgment ought to be cared for Therefore I beseech you prejudice not the Deputy to the Disabling him from serving the Crown hereafter by beating down me
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
certainly nothing else can preserve us if you will Condemn us before you tell us where the Fault is that we may avoid it My Lords may your Lordships be pleased to have that regard to the Peerage of England as never to suffer your selves to be put upon those Moot-Points upon such Constructions and Interpretations and Strictness of Law as these are when the Law is not clear nor known If there must be a Tryal of Wits I do most humbly beseech your Lordships to consider that the Subject may be of something else then of your Lives and your Honors My Lords We find that in the Primitive time on the Sound and Plain Doctrine of the blessed Apostles they brought in their Books of Curious Art and burnt them My Lords it will be likewise under favour as I humbly conceive Wisdom and Providence in your Lordships for your felves and posterities for the whole Kingdom to cast from you into the Fire those Bloody and Misterious Volumes of Constructive and Arbitrary Treasons and to betake your selves to the plain Letter of the Statute that tells you where the Crime is that so you may avoid it and let us not my Lords be ambitious to be more Learned in those killing Arts then our Fore-fathers were before us My Lords It is now full Two Hundred and Forty years since any Man ever was Touch'd to this Height upon this Crime before my self We have lived my Lords happily to our selves at Home we have lived Gloriously Abroad to the World let us be content with that which our Fathers left us and let us not awake those Sleepy Lyons to our own Destruction by Ratling up of a Company of Records that have lay'n for so many Ages by the Wall Forgotten or Neglected My Lords There is this that troubles me extreamly lest it should be my Misfortune to all the rest for my other Sins not for my Treasons that my Precedent should be of that Disadvantage as this will be I fear in the Consequence of it upon the Whole KINGDOM My Lords I beseech you therefore that you will be pleased seriously to consider it and let my particular Case be so looked upon as that you do not through me Wound the Interest of the Common-Wealth For howsoever those Gentlemen at the Bar say They Speak for the Common-Wealth and they believe so yet under favour in this particular I believe I Speak for the Common-Wealth too and that the Inconveniencies and Miseries that will follow upon this will be such as it will come within a few Years to that which is exprest in the Statute of Henry the Fourth it will be of such a Condition that no Man shall know what to do or what to say Do not my Lords put greater Difficulty upon the Ministers of State then that with Chearfulness they may Serve the King and the State for if you will Examine them by every Grain or every little Weight it will be so heavy that the Publick Affairs of the Kingdom will be left waste and no man will meddle with them that hath Wisdom and Honor and Fortune to lose My Lords I have now troubled your Lordships a great deal longer then I should have done were it not for the Interest of those PLEDGES that a Saint in Heaven left me I would be loth my Lords here his Weeping stopt him what I forfeit for my self is nothing but I confess that my Indiscretion should Forfeit for them it wounds me very deeply You will be pleased to pardon my Infirmity something I should have said but I see I shall not be able and therefore I will leave it And now my Lords for my Self I thank God I have been by his Good Blessing towards me taught That the Afflictions of this present Life are not to be compared with that Eternal Weight of Glory that shall be Revealed for us hereafter And so my Lords even so with all Humility and with all Tranquility of Mind I do submit my self clearly and freely to your Judgments and whether that Righteous Judgment shall be to Life or to Death Te Deum Laudamus Te Dominum Confitemur And then lifting up his Hands and Eyes he said In te Domine confido ne confundar in Eternum Thus did this Great Mind deliver his Defence with a Grace and Action so unimitable and peculiar to himself as wrought Admiration and Compassion in his very Enemies at least for the present And pitty it is that it cannot be found in the power of Art to rescue that part of Eloquence which consists in Action from oblivion and had it been possible here would have been something besides the Words capable of Obliging Posterity and worthy of their Imitation for certainly as his very Enemies confessed He was one of the greatest Masters of Persuasion that Age or any other have produced My Lord having concluded his Defence Mr. Glyn addressing himself to the Lords spoke as followeth May it please Your Lordships MY Lord of Strafford as your Lordships have observed hath spent a great deal of time in his Evidence and in his course of Answering hath inverted the order of the Articles he hath spent some time likewise in defending the Articles not objected against him wherein he hath made a good Answer if in any We shall presume to withdraw a while and rest upon your Lordships patience and I doubt not but to represent my Lord of Strafford as cunning in his Answer as he is subtil in his Practice The Committee withdrawing for about the space of half an hour and then returning to the Bar Mr. Glyn proceeded as followeth My Lords Your Lordships have observed how the Earl of Strafford hath been accused by the Commons of England of High Treason for a purpose and design to subvert the Fundamental Lawes of both the Kingdoms of England and Ireland and to introduce an Arbitrary and Tyrannical Government The Commons have exhibited Articles in maintenance of that Charge My Lord of Strafford hath thereunto answered in Writing The Commons have proceeded to make good their Charge by proof and thereunto my Lord of Strafford hat made his Defence and this day my Lord of Strafford hath taken upon him to recollect his Evidence and make his observation upon it the most he could to his advantage My Lords We that are intrusted for the House of Commons stand here to recollect the Evidence on our part and to apply it to the general Charge and how far it conduces thereunto My Lord of Strafford in recollecting the Evidence of his Defence as I did mention before hath under favour exprest very much subtilty and that in divers particulars which I shall represent to your Lordships My Lords before I enter upon the recollection of the proofs produced on the behalf of the Commons I shall make some observations and give some answer to that recollection of his though very disorderly to the method I propounded to my self And First in general it will appear to your Lordships
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
the proceedings of almost all the Courts of Justice into his own hands and so pre-possesses the King by a colourable proposition and prevents their coming over before they had made their address to himself and then he becomes the wrong doer and issues Proclamations for the hindring of the King's Subjects to seek redress without his leave which is as great a proof of his design and as great an injury to the people governed under a Gracious Prince as a heart can conceive And what his intention was in exhibiting this Proposition it will appear in the sentence of a poor man one David who was censured and most heavily Fined for coming over into England to prosecute complaint against my Lord of Strafford It is true that this was not the cause expressed but this was the truth of the matter Your Lordships remember a clause in the Order at Council-Board whereby is set forth the cause wherefore the party is not Sentenced which I never saw in an Order before nor should now but that my Lord foresaw there was danger in it that he might be charged in this place for the fact and therefore puts in negatively why the party was not censured Clausula inconsulta inducit suspitionem And how defends he this Article he sayes his predecessors issued Proclamations to hinder the King's Subjects from going over lest they should joyn with O-Neal and Tirconnell beyond Sea and so it might be dangerous to the State but because they may joyn with Forraigners shall they therefore not come to the King to make just complaint What this argument is I refer to your Lordships judgments Then he pretends a former precedent affirming that the like instructions were given to my Lord of Faulkland but was there any that none should come to their Soveraign to make their just appeal if injured Surely there was never any such Instruction before and I hope never will be again The next Article is the Nineteenth and now when he had so plentifully exercised his Tyranny over the lives the liberty and the Estates of the King's Subjects A man would think he could go no further But see a Tyranny exercised beyond that and that is over the Consciences of men hitherto he dealt with the outward man and now he offers violence to the inward man and imposes an Oath upon the King's Subjects and so exerciseth a Tyranny over the Consciences of men And setting aside the matter of the Oath if he hath authority and power to impose such an Oath as he shall frame he may by the same power impose any Oath to compel Consciences He pretends a Warrant from his Majesty to do it but the King's Ministers are to serve the King according to Law and I dare be bold to say and we have good reason to thank God for it if any of the King's Ministers tell him that any Command he gives is against Law there is no doubt but in his Goodness and Piety he will withdraw his Command and not enforce execution and therefore if there were an Error the King is free and the Ministers to be justly charged with it But there was no Command from the King to compel and enforce them to take the Oath by the Power of the Star-Chamber to commit them to Prison to impose heavy Fines and tyrannize over them all which he did in the Case of Steward And now one would have thought he had acted his part when he had acted as much as lay in his own Power and yet he goes beyond this he was not content to corrupt all the streams which was not a diverting of the course as he spoke in his Answer for he not only turned the course of the water but changed the nature of it converted it into poyson a legal and just proceeding into a Tyrannical and Arbitrary Government which is not turning but corrupting of the clear and Chrystal streams to bitterness and death But yet the Fountain remains clear and perhaps when his hand is taken off you shall have the streams run as pure and uncorrupt as ever they did This is it troubles him remove but this obstacle and the work is perfect and therefore now he will go about to corrupt the streams if he can but infuse his poyson into the King's heart which is the Fountain then all is done and now he attempts that and approacheth the Throne endeavours to corrupt the King's Goodness with wicked Counsels but God be thanked he finds there too much Piety to prevail And therefore the next Article is that that charges him to be an Incendiary to the War betwixt the Two Kingdoms and now I shall be bold to unfold the mystery and answer his Obiection To what purpose should he be an Incendiary were it not better to enjoy his Estate in peace and quietness than have it under danger of a War Now your Lordships shall have the Riddle discovered The first thing he doth after his coming into England is to incense the King to a War to involve two Nations of one Faith and under one Sovereign to imbrue their hands in each others Blood and to draw Armies into the Field That he was this Incendiary give me leave to revive your Lordships memories with the proofs which will make it plain and first give me leave to note unto your Lordships that His Majesty with much Wisdom did in July 1639. make a pacification with his Subjects and even at the very heels of this pacification when all things were at peace upon the Tenth of September which was the next month but one your Lordships remember the Sentence of Steward in the Star-Chamber of Ireland for not taking the Oath your Lordships may call to mind the Language my Lord of Strafford was pleased to use to the Scots when all was in quietness he then calls them no better than Traytors or Rebels if you will believe what the Witness testifies whom my Lord is pleased to call a Schoolmaster And truly admit he were so because he is a Schoolmaster therefore not to be believed is a non sequitur And another Witness one Loftus speaks to the words though not in the same manner but I say the Tenth of September when things were at peace and rest when the King was pleased to be reconciled to them by that Pacification what boiled in his breast then to the breaking forth of such Expressions I know not unless it were an intention to be an Incendiary My Lords I must say and affirm and he hath not proved it to the contrary That all this while I am confident there was not any breach of the Pacification on either side and it lyes on his part to prove there was But the Parliament of Scotland then Sitting and making preparation for their Demands in pursuance of the Articles of Pacification he coming over into England in September immediately upon the Pacification answers That he found things so distracted here that it was fit the Scots should be reduced by
operation upon the courage of a Nation by embasing the hearts of the People A servile condition does for the most part beget in men a slavish temper and disposition Those that live so much under the Whip and the Pillory and such servile Engines as were frequently used by the Earl of Strafford they may have the dregs of Valour Sullenness and Stubborness which may make them prone to mutinies and discontents But those Noble and Gallant affections which put men to brave designs and attempts for the preservation or enlargement of a Kingdom they are hardly capable of Shall it be Treason to embase the King's Coin though but a piece of Twelve-pence or Six-pence and must it not needs be the effect of a greater Treason to embase the Spirits of his Subjects and to set a Stamp and character of Servitude upon them whereby they shall be disabled to do any thing for the Service of the King and Commonwealth The Fifth Consideration is this that the exercise of this Arbitrary Government in times of suddain danger by the invasion of an enemy will disable His Majesty to preserve himself and His Subjects from that danger This is the only pretence by which the Earl of Strafford and such other mischievous Counsellors would induce his Majesty to make use of it and if it be unfit for such an occasion I know nothing that can be alledged in maintainance of it When War threatens a Kingdom by the coming of a Forraign Enemy it is no time then to discontent the people to make them weary of the present Government and more inclinable to a change The supplies which are to come in this way will be unready uncertain there can be no assurance of them no dependance upon them either for time or proportion And if some Money be gotten in such a way the distractions divisions distempers which this course is apt to produce will be more prejudicial to the publique safety than the Supply can be advantagious to it and of this we have had sufficient experience the last Summer The Sixth That this crime of Subverting the Laws and introducing an Arbitrary and Tyrannical Government is contrary to the Pact and Covenant betwixt the King and his People that which was spoken of before was the legal union of Allegiance and Protection this is a personal union by mutual agreement and stipulation confirmed by Oath on both sides The King and his People are obliged to one another in the nearest relations he is a Father and a Child is called in Law pars patris He is the Husband of the Commonwealth they have the same interests they are inseparable in their condition be it good or evil he is the Head they are the Body there is such an incorporation as cannot be dissolved without the destruction of both When Justice Thorp in Edward the III. time was by the Parliament condemned to death for bribery the reason of that Judgment is given because he had broke the King's Oath not that he had broke his own Oath but he had broken the King's Oath that solemn and great Obligation which is the security of the whole Kingdom If for a Judge to take a small summ in a private Cause was adjudged capital how much greater was this offence whereby the Earl of Strafford hath broken the King's Oath in the whole course of his Government in Ireland to the prejudice of so many of his Majesties Subjects in their Lives Liberties and Estates and to the danger of all the rest The Doctrine of the Papists Fides non est servanda cum Haereticis is an abominable Doctrine yet that other Tenet more peculiar to the Jesuits is more pernicious whereby Subjects are discharged from their Oath of Allegiance to their Prince whensoever the Pope pleaseth This may be added to make the third no less mischievous and destructive to humane Society than either of the rest That the King is not bound by that Oath which he hath taken to observe the Laws of the Kingdom but may when he sees cause lay Taxes and Burthens upon them without their consent contrary to the Laws and Liberties if the Kingdom This hath been Preached and published by divers And this is that which bath been practised in Ireland by the Earl of Strafford in his Government there and endeavoured to be brought into England by his Counsel here The Seventh is this It is an offence that is contrary to the end of Government The end of Government was to prevent oppressions to limit and restrain the excessive power and violence of great men to open the passages of Justice with indifferency towards all This Arbitrary Power is apt to induce and encourage all kind of insolencies Another end of the Government is to preserve men in their Estates to secure them in their Lives and Liberties but if this design had taken effect and could have been setled in England as it was practised in Ireland no man would have had more certainty in his own then Power would have allowed him but these two have been spoken of before there are two behind more important which have not yet been touched It is the end of Government that Vertue should be cherish'd Vice supprest but where this Arbitrary and unlimited Power is set up a way is open not only for the security but for the advancement and encouragement of evil such men as are apt for the execution and maintenance of this Power are only capable of preferment and others who will not be instruments of any unjust commands who make a conscience to do nothing against the Laws of the Kingdom and Liberties of the Subject are not only not passable for employment but subject to much jealousie and danger It is the end of Government that all Accidents and Events all Counfels and Designs should be improved to the publique good But this Arbitrary Power is apt to dispose all to the maintainance of it self The wisdom of the Council-Table The authority of the Courts of Justice The industry of all the Officers of the Crown have been most carefully exercised in this the Learning of our Divines the Jurisdiction of our Bishops have been moulded and disposed to the same effect which though it were begun before the Earl of Strafford's imployment yet it hath been exceedingly furthered and advanced by him Under this colour and pretence of maintaining the King's Power and Prerogative many dangerous practises against the peace and safety of the Kingdom have been undertaken and promoted The increase of Popery and the favours and encouragement of papists have been and still are a great grievance and danger to the Kingdom The innovation in matters of Religion the Usurpations of the Clergy the manifold burthens and taxations upon the people have been a great cause of our present distempers and disorders and yet those who have been chief furtherers and actors of such mischiefs have had their Credit and Authority from this that they were forward to maintain this
200 l. These if done upon these private ends alone had not been a Treason as appears by the very words of the Statute of 25 Edw. 3. before mentioned of marching openly or secretly But my Lords these of Cambridge and Bridgewater they were of the conspiracy with the Villains as appears in the Parliament Roll of the First year of Richard the 2d Number 311. and 32. where the Towns of Cambridge and Bridgwater are expresly excepted out of the general Pardon made to the Villains this being done in reference to that design of the Villains of altering the Laws this was that which made it Treason If the design went no further than the enforcing Obedience to these Paper-Orders made by himself it was sufficient it was to subvert one fundamental part of the Law nay in effect the whole Law what use of Law if he might order and determine of Mens Estates at his own pleasure This was against the Law notoriously declared in Ireland In the close Roll in the Tower in the 25th year of Edward the 1. a Writ went to the Justices in Ireland that Kingdom at that time was governed by Justices declaring That upon Petitions they were not to determine any Titles between party and party upon any pretence of profit whatsoever to the King In the Eight and twentieth year of Hen. the 6th Chap. 2. Suits in Equity not before the Deputy but in Chancery Suits at Common-Law not before him but in cases of Life in the Kings-Bench for Title of Lands or Goods in the proper Courts of the Kings-Bench or Common-Pleas This declared in the Instructions for Ireland in the latter end of King James His time and by the Proclamation in His Majesties time my Lord took notice of them called the Commissioners narrow-hearted Commissioners The Law said He should not thus proceed in the subversion of it he saith he will and will enforce Obedience by the Army this is as much in respect of the end as to endeavour the overthrow of the Statutes of Labourers of Victuals or of Merton for Inclosures here is a Warrant against the King in respect of the end Secondly In respect of the Actions whether there be either a Levying of War or an open Deed or both My Lords There was an Army in Ireland at that time of Two thousand Horse and Foot by this Warrant there is a full designation of this whole Army and an Assignment of it over to Savil for this purpose The Warrant gives him power from time to time to take as many Soldiers Horse and Foot with an Officer throughout the whole Army as himself shall please here is the terror and awe of the whole Army to enforce Obedience My Lords If the Earl had Armed two thousand men Horse and Foot and formed them into Companies to this end your Lordships would have conceived that this had been a War It 's as much as in the Case of Sir Thomas Talbot who armed them in Assemblies This is the same with a breach of Trust added to it That Army which was first raised and afterwards committed to his Trust for the Defence of the People is now destined by him to their destruction This assignation of the Army by his Warrant under his Hand and Seal is an open Act. My Lords Here 's not only an open Act done but a Levying of War Soldiers both Horse and Foot with an Officer in Warlike manner assessed upon the Subject which killed their Cattel consumed and wasted their Goods Your Lordships observe a great difference where six men go upon a design alone and when sent from an Army of six hundred all engaged in the same service so many were sent as were sufficient to execute the Command if upon a poor man fewer more upon a rich if the six had not been able the whole Army must make it good The reason that the Sheriff directed alone or but with one Bayliff to do execution is because he hath the Command of the Law the King 's Writ and the Posse Comitatus in case of resistance Here 's the Warrant of a General of an Army Here 's the Posse Exercitus the Power of the Army under the awe of the whole Army six may force more then sixty without it and although never above six in one place yet in several parts of the Kingdom at the same time might be above sixty for sessing of Soldiers was frequent it was the ordinary course for execution of his Orders The Lord-Lieutenant of a County in England hath a design to alter the Laws and Government nay admit the design goes not so high he only declares thus much he will order the Freeholders and Estates of the Inhabitants of the County at his own will and Pleasure and doth accordingly proceed upon Paper-Petitions foreseeing there will be disobedience he grants out Warrants under his Hand and Seal to the Deputy-Lieutenants and Captains of the Trained-bands that upon refusal they will take such number of the Trained-bands through the County with Officers as they shall think good and lay them upon the Lands and Houses of the refusers Soldiers in a Warlike manner are frequently sessed upon them accordingly your Lordships do conceive that this is a Levying of War within the Statute The Case in question goes further in these two Respects That it is more against the declared Law in Ireland not only against the Common-Law but likewise against the Statute of 28 Hen. 6th against the Acts of the Commissioners against Proclamations in persuance of the Law against that himself took notice of narrow-hearted Commissioners In this that here was an Army the Soldiers by profession Acts of Hostility from them of greater terror than from Freeholders of the same County My Lords I have now done with the First of Levying of War The Second is the Machination the advising of a War The Case in this rests upon a Warrant to Savile and the advice in the 23 Article The Warrant shews a resolution of imploying the old Army of Ireland to the oppression of his Majesties Subjects and the Laws In the 23d Article having told his Majesty that he was loosed and absolved from Rules of Government and might do every thing which Power might admit he proceeded further in Speech to his Majesty in these words You have an Army in Ireland you may employ to reduce this Kingdom My Lords Both being put together there 's a Machination a practise and advice to Levy War and by force to oppress and destroy his Majesties Subjects It hath been said the Statute of the 25 Edw. 3. is a penal Law and cannot be taken by equity and construction there must be an actual War the Statute makes it Treason to counterfeit the King's Coin the conspiring the raising of Furnaces is no Treason unless he doth Nummum percutere actually Coin My Lords This is only said not proved the Law is otherwise the 19th Hen. 6. fol. 49. there adjudged That the conspiring and aiding to
might be determined according to Law and not by himself at his Will and Pleasure upon Paper-Petitions Thirdly Upon like occasion of Pressing the Laws and Statutes that he would make an Act of Council-Board in that Kingdom as Binding as an Act of Parliament Fourthly He made his Words good by his Actions Assumed and Exercised a Boundless and Lawless Jurisdiction over the Lives Persons and Estates of His Majesties Subjects procured Judgment of Death against a Peer of that Realm Commanded another to be Hanged this was accordingly Executed both in times of High Peace without any Process or Colour of Law Fifthly By Force of a long time he Seized the Yarn and Flax of the Subjects to the Starving and undoing of many thousands besides the Tobacco business and many Monopolies and Unlawful Taxes forced a New Oath not to dispute His Majesties Royal Commands determined Mens Estates at his own Will and Pleasure upon Paper-Petitions to himself forced Obedience to these not only by Fines and Imprisonment but likewise by the Army sessed Soldiers upon the Refusers in an Hostile manner Sixthly Was an Incendiary of the War between the two Kingdoms of England and Scotland My Lords We shall leave it to your Lordships Judgments whether these words Counsels and Actions would not have been a sufficient Evidence to have Proved an Indictment drawn up against him as those before mentioned and many others are That they were spoken and done to the Intent to draw the King's heart from the People and the Affections of the People from the King that they might leave the King and afterwards rise up against him to the destruction of the King if so here is a Compassing of the King's Death within the Words of the Statute of 25th year of Edward the Third and that Warranted by many former Judgments My Lords I have now done with the Three Treasons within the Statute of the Twenty fifth of Edward the 3d. I proceed unto the 4th upon the Statute of the Eighteenth year of Henry the 6th Chapter the third in Ireland and I shall make bold to read the words to your Lordships That no Lord nor any other of what condition soever he be shall bring or lead Hoblers Kernes or Hooded Men nor any other People nor Horses to lye 〈◊〉 Horseback or on Foot upon the King's Subjects without their good wills and consent but upon their own Costs and without hurt doing to the Commons and if any so do he shall be adjudged as a Traytor 1. The Argument that hath been made concerning the Person that it extends not to the King and therefore not to him weighs nothing with your Lordships Rex non habet in Regno parem from the greatness of his Office to argue himself into the same inpossibility with His Sacred Majesty of being incapable of High-Treason it 's an Offence no Treason The words in the Statute No Lord nor any other of what condition soever he be include every Subject In Trinity Term in the Three and thirtieth year of Henry the Eighth in the King's-Bench Leonard Lord Gray having immediately before been Lord-Deputy of Ireland is Attainted of High-Treason and Judgment given against him for letting diverse Rebels out of the Castle of Dublin and discharging Irish Hostages and Pledges that had been given for securing the Peace for not punishing one that said That the King was an Heretick I have read the whole Record there 's not one thing laid to his Charge but was done by him as Lord Lieutenant He had the same Plea with my Lord of Strafford That these things were no adhering to the King's Enemies but were done for Reasons of State that he was not within those words of the Statute of the 25 of Edw. 3. himself being Lord-Lieutenant there Object It hath been said That the Soldiers sessed upon the Subjects by him were not such persons as are intended by that Statute Hoblers Kernes and Hooded Men those Rascally people Answ My Lords they were the names given to the Soldiery of those times Hoblers Horsemen the other the Foot But the words of the Statute go further Nor any other People neither Horse nor Foot His Lordship sessed upon them both Horse and Foot Object The Statute extends only to those that lead or bring Savil led them my Lord only gave the Warrant Answ To this I shall only say thus Plus peccat author quam Actor by the rule of the Law Agentes consentientes pari plectuntur poena if consent much more a Command to do it makes the Commander a Traytor If there be any Treason within this Statute my Lord of Strafford is Guilty It hath been therefore said That this Statute like Goliah's Sword hath been wrapt up in a Cloath and laid behind the door that it hath never been put in Execution My Lords if the Clerk of the Crown in Ireland hath certified your Lordships upon search of the Judgments of Attainders in Ireland he could not find that any man had been attainted upon this Statute your Lordships had had some ground to believe it Yet it 's only my Lord of Strafford's Affirmation besides your Lordships know that an Act of Parliament binds until it be repealed It hath been therefore said That this Statute is repealed by the Statute of the 8 Ed. 4. Cap. 1. and of the 10th of Hen. 7. Cap. 22. because by these two Statutes the English Statutes are brought into Ireland The Argument if I mistook it not stood thus That the Statute of the First of Henry the 4th the 10th Chap. saith That in no time to come Treason shall be adjudged otherwise then it was ordained by the Statute of the 25 E. 3. that the reason mentioned in the Eighteenth year of Henry the Sixth in the Irish Statute is not contained in the 25 Edw. 3. and therefore contrary to the Statute of the 1 Hen. 4. it must needs be void If this were Law then all the Statutes that made any new Treason after the First of Henry the 4th were void in the very Fabrick and at the time when they were made hence likewise it would follow that the Parliament now upon what occasion soever have no Power to make any thing Treason not declared to be so in the Statute 25 Edw. 3. This your Lordships easily see would make much for the Lord of Strafford's advantage but why the Law should be so your Lordships have only as yet heard an Affirmation of it no reason But some touch was given that the Statute of the Tenth year of Henry the Seventh in words makes all the Irish Statutes void which are contrary to the English The Answer to this is a denial that there are any such words in the Statute The Statute declares that the English Statutes shall be effectual and confirmed in Ireland and that all the Statutes made before-time to the contrary shall be revoked This repeals only the Irish Statutes of the Tenth year of Henry the Fourth and the Nine and twentieth
France was in subjection to the Crown of England there were at the beginning of the Parliaments Receivers and Tryers of Petitions for those parts appointed I believe your Lordships will have no Case shewed of any Plea to the Jurisdiction of the Parliaments of England in any things done in any parts wheresoever in subjection to the Crown of England The last thing I shall offer to your Lordships is the Case of 19 Eliz. in my Lord Dyer 306. and Judge Crompton's Book of the Jurisdiction of Courts fol. 23. The opinion of both these Books is That an Irish Peer is not Tryable here it 's true a Scotch or French Nobleman is Tryable here as a common person the Law takes no notice of their Nobility because those Countreys are not governed by the Laws of England but Ireland being governed by the same Laws the Peers there are Tryable according to the Law of England only per pares By the same reason the Earl of Strafford not being a Peer of Ireland is not tryable by the Peers of Ireland so that if he be not tryable here he is tryable no where My Lords In case there be a Treason and a Traytor within the Statute and that he be not tryable here for it in the ordinary way of Judicature if that jurisdiction fail this by way of Bill doth not Attainders of Treason in Parliament are as legal as usual by Act of Parliament as by Judgment I have now done with the Statutes 25 Edw. 3. and 18 Hen. 6 My Lord of Strafford hath offended against both the Kingdoms and is guilty of High-Treason by the Laws of both My Lords In the fifth place I am come to the Treasons at the Common-Law the endeavouring to subvert the Fundamental Laws and Government of the Kingdom and to introduce an Arbitrary and Tyrannical Government In this I shall not at all labour to prove That the endeavouring by Words Counsels and Actions to subvert the Laws is Treason at the Common-Law if there be any Common-Law Treasons at all left nothing is Treason if this be not to make a Kingdom no Kingdom take the Polity and Government away England is but a piece of Earth wherein so many men have their Commorancy and abode without ranks or distinction of men without property in any thing further than possession no Law to punish the Murthering or robbing one another That of 33 Hen. 8. of introducing the Imperial Law sticks not with your Lordships it was in case of an Appeal to Rome these Appeals in Cases of Marriages and other causes counted Ecclesiastical had been frequent had in most Kings Reigns been tolerated some in times of Popery put a conscience upon them the Statutes had limited the penalty to a Praemunire only neither was that a total subversion only an Appeal from the Ecclesiastical Court here in a single Cause to the Court of Rome and if Treason or not that Case proves not a Treason may be punished as a Felony a Felony as a Trespass if his Majesty so please The greater includes the less in the Case of Praemunire in the Irish Reports that which is there declared to be Treason was proceeded upon only as a Praemunire The things most considerable in this is Whether the Treasons at Common-Law are taken away by the Statute of 25 Edw. 3. which is to speak against both the direct words and scope of that Statute In it there 's this clause That because many other like Cases of Treason might fall out which are not there declared therefore it is enacted That if any such Case come before the Judges they shall not proceed to Judgment till the Case be declared in Parliament whether it ought to be adjudged Treason or not These words and the whole scope of that Statute shews that it was not the meaning to take away any Treasons that were so before but only to regulate the Jurisdiction and manner of Tryal Those that were single and certain Acts as conspiring the Kings Death Levying War Counterfeiting the Money or Great-Seal Killing a Judge these are left to the ordinary Courts of Justice The others not depending upon single Acts but upon constructions and necessary Inferences they thought it not fit to give the inferior Courts so great a latitude here as too dangerous to the Subject those they restrained to the Parliament This Statute was the great security of the Subjects made with such wisdom as all the succeeding Ages have approved it it hath often passed through the Furnace but like Gold hath left little or nothing The Statute of the First H. 4. Cap. 10. is in these words Whereas in the Parliament held the 21 year of Richard the 2. divers pains of Treason were ordained insomuch that no man did know how to behave himself to do say or speak It is accorded that in no time to come any Treason be adjudged otherwise than it was ordained by the Statute of 25th of Edw. 3. It hath been said To what end is this Statute made if it takes not away the Common-Law Treasons remaining after the Statute of the 25th of Edw. 3 There be two main things which this Statute doth First it takes away for the future all the Treasons made by any Statute since 25 Edw. 3. to the 1 H. 4. even to that time for in respect that by another Act in that Parliament the Statute of 21 Rich. 2. was repealed it will not be denyed but that this Statute repeals more Treasons than these of the 21 R. 2. It repeals all Statute-Treasons but those in 25 Edw. 3. Secondly It not only takes away the Statute-Treasons but likewise the declared Treasons in Parliament after the 25th of Edw. 3. as to the future after Declaration in Parliament the inferior Courts might judge these Treasons for the Declaration of a Treason in Parliament after it was made was sent to the inferior Courts that toties quoties the like Case fell out they might proceed therein the Subject for the future was secured against these so that this Statute was of great use But by the very words of it I shall refer all Treasons to the provision of 25 Edw. 3. it leaves that entire and upon the old bottom The Statute of 1 Queen Mary Cap. 1. saith That no offences made Treason by any Act of Parliament shall thenceforth be taken or adjudged to be Treason but only such as be declared and expressed to be Treason by the Statute of 25 Edw. 3. Concerning Treason or Declarat on of Treason and no others And further provides That no pains of Death penalties or forfeiture in any wise shall ensue for Committing any Treason other than such as be in the Statute of 25 Edw. 3. ordained and provided any Act of Parliament or any Declaration or matter to the contrary in any wise notwithstanding By the first of this Statute only offences made Treason by Act of Parliament are taken away the Common-Law-Treasons are no ways touched the words And no others
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
Necessity therefore to be used being lawful L. L. Ireland Commission of Array to be put in Execution They are to bring them to the Borders In reason of State you have power when they are there to use them at the King's Pay if any of the Lords can shew a better let them do it Town full of Nobility who will talk of it Obser he will make them smart for it Thus did Ambition and private Revenge disguise themselves under the popular pretence of publique Justice and tenderness for the safety of the Common-wealth The truth is Power and Greatness do always render the Great Ministers of State Criminals to Malice and Envy and of this I will give two remarkable Instances out of the above mentioned Memoirs of the Earl of Manchester When saith he The reason why the Marquess Hamilton and the Lord Cottington escaped the fury of the Faction strickt Scrutiny was made into the Councils and Actions of those who were in greatest Power and Credit with the King divers of the Privy-Council most of the Judges came under the Debate of a Capital or Criminal Impeachment and the very Order of Episcopacy with all its Hierarchy incurred the Odium of Superstitious Pride and Oppression But they who were looked upon as the principal Instruments of those Mischiefs which threatned the Ruine of the Three Kingdoms of England Scotland and Ireland were the Archbishop of Canterbury the Earl of Strafford the Marquiss Hamilton and the Lord Cottington these were of the Juncto where all things of consequence and privacy had been consulted and resolved and these were designed first to be questioned But the Marquiss Hamilton seeing a dark Cloud gathering over his head thought it necessary to seek a timely Shelter and upon consultation with his Friends about the most probable way for preventing of the Clamour of the Commons which might prove a fatal Vote against him he was advised to improve his Interest in the Commissioners of Scotland for he had personally obliged some of them and the rest could not but acknowledge that he had Expressed a great care of his Nations happiness in all those imployments wherein he had been trusted by his Majesty for though he often shewed a great Aversion and activeness against them in their Cause and Quarrel yet in all their Extremities they found him a Friend intending their good He therefore pressed them to intercede for him which they did with earnest solicitations They likewise gave such Engagements for his future Compliance with the Parliaments Designs as he was not only Exempt from all fear of Accusation but he became a Confident in all their private Designs against others and employed his Credit with the King for the obtaining many and great concessions The Lord Cottington could not hope for so powerful an intercession neither durst he rely on his Innocency as Parliament-proof therefore he had recourse to that prudent if not subtle way by stripping himself of his Skin to save his life He knew the Mastership of the Wards was a place of that value and power as probably it might stop the Mouths of his greedy Enemies or else open the hearts of some towards him in a way of Protection and Friendship He therefore declared to the King his condition and propounded the making the Lord Viscount Say and Seal to be his Successor This proved a very successful policy for as soon as this was made known to those who were concerned in their hopes of his place all Criminal Aspersions were laid aside and he gained the advantage of a retired and quiet being Thus far the said Earl in his Memoirs who was no Stranger to the most private transactions of those persons and times The Fall of this lofty Cedar gave not only a general consternation to all the Kings Friends but the greatest encouragement imaginable to the whole Faction who could not dissemble their satisfaction at their having gained so important a point but that it boyled over at the Mouths of the less cautious and more warm of the Party insomuch that I have heard one who was inwardly acquainted among them affirm that one of them as I think Mr. Pym was heard to boast of their success in words to this effect Have we saith he speaking of the Kings passing the Bill of Attainder against the Earl of Strafford got him to part with Strafford then he can deny us nothing And certainly nothing could be of greater disadvantage to his Majesties Affairs then this sacrificing a Great Court Favourite to their Wills rather then to Law or Justice For the whole Nation knew how dear this Great Man was to his Master and the great struglings which the King made if possible to save him and the reluctancy with which he seemed to resign him rather to necessity then reason as it made the victory appear greater so it taught all others of the Kings Friends the greatness of their danger and the impossibility of stemming so strong a Torrent as had wrackt so brave a person as the Earl of Strafford Nor did they think it any disparagement when they saw the King himself stoop to such compliances for them also to bend their Necks And doubtless as nothing can more encourage the Servants and Ministers of any Prince in circumstances and difficulties of this nature than the courage and resolution of the Prince himself so nothing can depress their Spirits comparably to the fear of seeing themselves deserted and left to the Fury and Rage of their Enemies for adhering faithfully to and vigorously prosecuting the Interests of their Master And had his Majesty made use of his Royal Prerogative and refused to Pass the Fatal Bill it could not have happened worse to him then afterwards it did but it might have proved better because they were not then in a condition to Levy a Formal War against him as afterwards they did his Majesty having a very good Army in the North to have Opposed them and had the Earl saved his a Noble and Valiant General to have been at the head of them But to return to the Parliamentary Affairs the Tumults were grown so insolent that his Majesty being sensible of the danger of them sent a Message to the Lords about them Upon which the Lords desired a Conference with the Commons the heads of which the Lord Privy-Seal delivered as follows THat he was commanded from the King to declare to both Houses at a Conference Conference about the Tumults that the People do assemble in such unusual numbers that his Majesty fears the Council and the Peace of the Kingdom may be interrupted and therefore as a King that loves Peace takes care that all Proceedings in the Parliament may be in a fair temperate and peaceable manner It being now time of Parliament his Majesty will not of himself prescribe the way but expects that both Houses upon mutual Conference will advise such a course which may best preserve the quietness of the Kingdom That their
inhumanely put out lived not long after in torment and grief Some say he died by a more horrible Kind of Cruelty as his Belly was opened Will. Caxton and one end of his Bowels fastned to a Stake his Body pricked with sharp Ponyards till all his Entrails were extracted in which most Savage Torture he ended his innocent Life These Bishops little regarded Ecclesiastical Vocation or Function but Worldly Pomp and Courtly Rule They cannot be at Assemblies of States and Parliaments but their neglected Flock must be starved These feed not their hungry Sheep but hunger to feed on them and this Care of the World volves them in a world of Cares What hath been spoken of those Bishops I wish had not been delivered of other Latter Prelats wherein I crave Leave to speak what others write That they are grown to that Height of Idleness the Mother of Ignorance and Luxury within themselves and by reason thereof in contempt and base estimation with the People that it is thought high time that blood should be drawn from their swelling Veins I will not though perhaps I might say with them that the Commonwealth hath little use of such I mean of our Lordly Bishops but for that they are so far degenerated from the Primitive institution I wish there were reformation I speak not of demolishing but of Amendment and Restitution and until it appear that the whole is unsound I shall not assent to utter extirpation or eradication Thus much I have made bold to deliver though not in due place nor in any purpose to plead against those or any of them that have declared themselves to be of contrary Opinion I am not ignorant of my disability to enter the Lists with any or to contend with such Worthies in this or other Argument but I hope there will not be denyed to me Leave and Liberty to declare the Cause and Reason of my Vote in this House in which I have the honour to sit as a Member And if I have erred I have been mis-led not only by Learned Fathers and Divines by Synods and General Councils but by great Lords and Barons yea by the whole Peerage of these Kingdoms of England and France Peter Lord Primandy and Barree who writ the French Academy and dedicated the same to Henry the Third King of France and Poland in that Book and Chapter of the Causes that bred Change saith That Bishops and Prelates neglecting their Charge to bestow their times in worldly Affairs grew to Misliking and Contempt have procured great Offences and marvellous Trouble which may more easily be lamented then taken away or reformed being such Abuses as have taken deep Root And what he affirmeth did the Peers of France unitely deliver That Bishops should follow St. Peter 's steps to win Souls and not to meddle with Wars and Murder of Mens Bodies But to come neer and to speak of England Let us hear what the English Lords did declare We read that they did Decree in the time and Reign of King John That Bishops should not intermeddle in Civil Affairs or Rule as Princes over their Vassals and the reason is rendred for Peter say they received no power but only in matters pertaining to the Church and further inlarging themselves use these words It appertains not to Bishops to deal in Secular Affairs since Peter only received of our Saviour a power in matters Ecclesiastical what say they hath the Prelates to intermeddle with Wars such are Constantine's Successors not Peter's whom as they represent not in good Actions so neither do they in Authority fie on such Rascal Ribaulds the words in Paris are Marcidi Ribaldi how unlike are they to Peter that usurp Peter's place But this point of intermedling in Secular Affairs though I have often digressed and intermingled with the former parts is proved in its proper place to be unlawful viz. in that part that treateth thereof Craving pardon for this Deviation I will pursue the present Argument the obnoxiousness of their Sitting in Parliament and to come to the points I intended to insist on viz. The entrance of Bishops into the Parliament House and by what means they came there and continued That they have sate there from the first Parliament to this is not denyed But as we are not now to consider an fuerunt but an profuerunt so are we not to debate and discuss an factum but an fieri debuit for it was the Argument of a Pagan viz. Symmachus to the Emperor Theodosius recorded by St. Ambrose servanda est tot saeculis fides nostra sequendi sunt Majores nostri qui secuti sunt foeliciter suos Our Religion which hath continued so many years is still to be retained and our Ancestors are to be followed by us who happily traced the steps of their Fore-fathers but with Tertullian nullam velo consuetudinem defendas if good no matter how short since if bad the longer the worse Antiquity without truth as saith Cyprian is but ancient Error The first Parliament as I read began 1116 or thereabouts and in the Sixteenth or Seventeenth year of King Henry the First who being an Usurper brought in by the Bishops to the disherison of Robert his elder Brother admitted the said Bishops to be Members of the said High Court partly in gratefulness but rather for that he durst not do otherwise for was not Ralph the then Archbishop of Canterbury so proud and insolent a Prelate that we read of him that when Roger Bishop of Salisbury was to Celebrate the Kings Coronation by reason of the Palsie of the Archbishop this cholerick outdaring Prelate could hardly be intreated by the Lords to with-hold his hands from striking the Crown from the Kings Head Eadmerus of such Spirits were those spiritual Prelates and the Jealousie to lose their pompous preheminence of Honours Math. Paris Anno 1119. yet had he no other reason for this his sauciness and bold Attempt but for that Roger did not this by his appointment At the same time Thurstan was Archbishop of York who though a disloyal and perjured Man by breach of his Oath to the King Polichron l. 7. c. 18. yet was he highly favoured and countenanced by the Pope and put into that See by him in despite of the said King And as he so the rest of the Bishops not less guilty nor much less potent were likewise admitted Members of that high Court and to speak plainly how could he spare their being in that House who were to justifie his Title to the Crown Now pass we to King Stephen King Stephen another Usurper Nephew to the former King Henry him though he had an Elder Brother and before them both the Title of Anjou by his Wife Maud the Empress as also of his Son Henry to precede the Bishops did advance to the Royal Throne no less perfidiously then trayterously having formerly sworn to Maud the Empress We are also to understand
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
and Deputy-Lieutenants how affected to the Religion and to present their Names to the House and that where there is want that Arms and Ammunition may be supplyed By this Means they got a true account of all those who were their Friends and who their Enemies who were therefore to be displaced as disaffected to Religion and Popishly inclined as all those who were for Episcopacy were vogued to be and besides hereby they gave a General Alarm and Amazement to the Whole Nation to believe that those Fears and Jealousies with which they bewitched the People into Rebellion were grounded upon the foundations of Truth and real Danger which was the Occasion of this Inquiry into the state of the Militia Upon this a Message was sent to the Lords to acquaint them with a dangerous Conspiracy to seduce the Army against the Parliament and to increase the Fears and Jealousies among the People Message to the Lords about the Conspiracy to seduce the Army an Order was sent from the Commons to the Lord Mayor of London to take care of the City Guards The Message to the Lords was in haec verba Mr. Hollis who carried up the Message read it in these words Message about the Conspiracy of the Army That the House of Commons hath received such Information as doth give them just cause to suspect that there have been and still are secret practices to discontent the Army with the proceedings of Parliament and to ingage them in some Design of dangerous Consequence to the State and by some other mischievous ways to prevent the happy success and conclusion of this Parliament And because the timely discovery and prevention of these dangerous Plots doth so nearly concern the safety both of * Yet afterwards they did all that was possible to persuade the People that the King was in this Conspiracy King and Kingdom they desire your Lordships would be pleased to appoint a select Commitee to take the Examinations upon Oath of such persons and Interrogatories as shall be presented unto them by the Directions of the House of Commons and in the presence of such Members of that House as shall be thereunto appointed with Injunction of such Secrecy as a business of this nature doth require They have Ordered That such Members of their House as shall be thought fit shall upon notice be ready to be Examined and they desire your Lordships would be pleased to order the like for the Members and Assistants of your own House And further it is desired That your Lordships will forthwith send to his Majesty to beseech him in the Name of the Parliament upon this great and weighty occasion that no Servants of his Majesties of the Queen or Prince may depart the Kingdom or otherwise absent himself without leave from his Majesty with the humble advice of the Parliament until these Examinations be perfected Whereupon it was Ordered That this House will joyn with the House of Commons in all that they desire and these Lords following were Deputed to take the Examinations Earl of Bath Earl of Essex Earl of Warwick Earl of March Viscount Say and Seal Lord Wharton Lord Paget and Mr. Serjeant Glanvile and Mr. Attorney General to write and set down the Examinations There being never a Bishop in the Committee A Salvo for the Bishops a Memorandum was entered in the Journals MEmorandum Whereas none of the Lords the Bishops are joyned with the aforesaid deputed Lords it was declared by the House that it should be no prejudice to the Lords the Bishops This being done the Lord Great Chamberlain the Lord Steward the Lord Chamberlain the Earl of Dorset and the Earl of Newcastle were appointed to wait on his Majesty with the aforesaid request of the Parliament to which they brought this Answer THat his Majesty hath willingly granted it The Kings Answer concerning his Servants and gave a present Command to the Lord Chamberlain the Earl of Newcastle and the Earl of Dorset to give notice hereof to all under their Charge that none do depart the Kingdom without the King's License but to be forth-coming upon demand which accordingly they have already done After which the Oath of Secrecy was given to Serjeant Glanvile and Mr. Attorney in these words YOV shall Swear The Oath of Secrecy given by the Lords to Serjeant Glanvile and Mr. Attorney assistant to the Committee of Lords to Examine the Conspiracy The Persons accused That in your writing and setting down of the Examination of the Witnesses to be produced before the Lords deputed to take Examinations upon Interrogatories to be produced by the House of Commons concerning the English Army in the North and in all things concerning the same You shall well truly and faithfully behave your selves and not discover the same before the end of this Parliament or Publication granted or leave of this House first obtained The Persons Accused of this Design of seducing the Army against the Parliament were Sir John Suckling Mr. Henry Percy Brother to the Earl of Northumberland Mr. Henry Jermyn Colonel Goring Mr. William Davenant Captain Palmer Captain Billingsley and Sir Edward Wardourn and Warrants were issued out against them to bring them under the Examination of the House of Commons This day there passed little of Moment Thursday May 6. the Commons being taken up with Reading several Bills one for the security of the True Religion the Safety and Honour of his Majesties Person the just Rights of the Subject and the better discovering and punishment of Popish Recusants as also another Bill for Subsidies With which guilded baits they not only Angled for Popular Favour but also endeavoured to hide their Antimonarchical Designs against his Majesty by these specious pretences of endeavouring to study his Safety and Honour The House was this day informed That the Persons against whom the Warrants were Issued upon the Accusation of their endeavouring to seduce the Army were not to be found whereupon at a Conference it was desired that all the Ports might be stopped upon which the Lords made this Order Ordered The Order of the Lords for stopping the Ports That all the Ports of England shall be forthwith stopped until the pleasure of this House be further known and none to depart the Kingdom except Sir Thomas Roe and such as he will be answerable for who is to give in their names to this House And in particular stay is to be made of Henry Percy Esq Henry Jermyn Esq Sir John Suckling Knight William Davenant and Captain Billingsly that they depart not out of this Kingdom but are to be apprehended and safely conducted with all speed unto this House Directed To the Right Honourable Algernon Earl of Northumberland L. High Admiral of England To James Earl of March Lord Warden of the Cinque-Ports To Jerom Earl of Portland Captain and Governour of the Isle of Wight To George Goring Esq Governour of Portsmouth After which Sir Philip Carteret Lieutenant
and others of the Privy Council whose hands are at the Warrant for the Commitment of Sir John Corbet ought to joyn in this Reparation viz. the Archbishop of Canterbury Lord Coventry Archbishop of York Earl of Manchester Lord Cottington Edw. Lord Newburgh Sir Henry Vane Sir Francis Windebank Then the House took into Consideration the Reasons which the Lords had offered at the Conference concerning the Bishops having Votes in Parliament Answers to the Lords Reasons for Bishops Voting in Parliament and it was agreed to offer these Reasons in Answer to them 1. The Commons do conceive that Bishops ought not to have Votes in Parliament First Because it is a very great hinderance to the Exercise of their Ministerial Function 2. Because they do vow and undertake at their Ordination when they enter into Holy Orders That they will give themselves wholly to that Vocation 3. Because Councils and Canons in several Ages do forbid them to meddle in Secular Affairs 4. Because the 24 Bishops have dependency on the two Archbishops by their Oath of Canonical Obedience to them 5. Because they are but for their Lives and therefore are not fit to have Legislative power over the Honors Inheritances Persons and Liberties of others 6. Because of Bishops Dependancy and Expectancy of Translation to Places of greater Profit 7. Because that several Bishops have of late much Encroached upon the Consciences and Liberties of the Subject and they and their Successors will be much Encouraged still to Encroach and the Subjects will be discouraged from complaining against such Incroachments if Twenty six of that Order be to be Judges upon those Complaints The same Reason Extends to their Legislative Power in any Bill to pass for Regulation of their Power upon any emergent inconvenience by it 8. Because the whole number of them is interessed to maintain the Jurisdiction of Bishops which hath been found so grievous to the Three Kingdoms that Scotland hath abolished it and Multitudes in England and Ireland have Petitioned against it 9. Because the Bishops being Lords of Parliament it setteth too great a distance between them and the rest of their Brethren in the Ministry which occasioneth Pride in them Discontent in others and Disquiet in the Church To their having Votes a long time If inconvenient Time and Vsage are not to be considered with Law-makers and some Abbots voted as anciently in Parliament as Bishops yet taken away That for the Bishops Certificate to plenarty of Benefice and Loyalty of Marriage the Bill Extends not to them the Bishops making return of them by Course of Common Law That Argument taken from the Canons and Laws Ecclesiastical This Passage is in the Report of this Conference in the Lords Journal but not in the Commons They Judged these Canons not binding so did the Bishops too yet they must be lawful against them must be considered as a fight against the Bishops with their own Weapon as a kind of Goliah 's Sword to cut off Goliah 's head but not as though the House of Commons did hereby Justifie the Legality of any thing of that Nature That for the Proviso for the Vniversities and Temporal Lords it may stand in the Bill if it please their Lordships It was added That there is an ACT preparing for the Regulating of the Vniversities and this Proviso is but permitted to remain there by way of Provision till that be Effected For the Secular Jurisdiction of the Dean of Westminster the Bishops of Durham and Ely and the Archbishop of York if they are to Execute them in their own persons the former Reasons shew the inconvenience of them and for the Temporal Courts and Jurisdictions which are Executed by their Temporal Officers the Bill doth not concern them How deeply Guilty these Anti-Episcopal Grandees of the Faction were of Hypocrisie and Collusion this Passage makes clearly apparent The deep Hypocrifie of the Grandees of the Anti-Episcopal Faction for whereas by the Bill upon which this Conference with the Lords was had and for the supporting of which these Reasons were Framed they seemed only to desire that the Bishops might not Sit and Vote in the Lords House as Peers of the Realm and not to take away the Office or Function they had at that very instant as the Reader by casting his Eye but a little backward may see a Bill before them for the utter Abolition and Extirpation of the Office it self with all its appennages commonly known by the name of the Root and Branch Bill It is not my Province to descend into so great a Field of Controversie as these Reasons against the Bishops Votes would afford a Pen of Greater Leizure however because these Papers may fall into some hands who may not be so well Antidoted against the well gilt Poyson I will adventure to give them some short strictures And therefore First the Reader is to Consider in general That the Lords Spiritual being by the Common Law of this Realm Peers in Parliament and by the Statute Law declared to be one of the Three Estates of the Kingdom if any such Inconveniences as are here objected against them were sufficient ground for the abolition of them and consequently altering the Frame of the Government then Paritate Rationis it would follow That the like or greater inconveniences would be a sufficient ground for the utter abolishing or taking away of either or both the other Two Estates viz. The Lords Temporal and Commons which Assertion evidently destroyes the Being and Foundation of Parliaments which sure no Englishman can without Horror and Detestation hear And indeed this very Consequence led these very Persons afterwards to Vote the House of Lords Vseless and Dangerous and wholly to lay them aside and divest them of all the Priviledges of their Peerage in Parliament to the utter Subversion of the Ancient Frame of the Government Nor indeed were these Inconveniencies which they represent here as so Formidable and Dangerous of any weight or moment in themselves For as to the First The hinderance of the exercise of their Ministerial Function The very share they have in preparing Laws and giving their Assent to them in that Station is one of the most weighty parts of their Episcopal Function to take Care that such Laws may be made in a Christian Kingdom as may be for the Glory of God the Advancement of true Piety and the Well Government of the Church And for any other parts of their Office though they should not be so well able to perform them during the times of Session of Parliaments which yet for any thing made appear to the contrary they may do Yet the great necessity and advantage of their Legislative Right may very well give a dispensation to the omission of the less necessary Offices of their Function for so small a time as the Sessions of Parliament Used to be till these Men obtained of the King that perpetuating ACT of which it may truly be
Barcock George Ewer George Pitcher Tho. Low The Names of those that committed the Disorder in the Church of St. Olaves in Southwark in time of administring the Communion Robert Wainman _____ Bonace Hugh Evans John Moor. Ordered That the persons aforenamed be sent for to appear before this House as Delinquents to answer their several Offences The Commons fell this Day upon the Root and Branch Bill Friday June 11. Debate about the Bill for abolishing Episcopacy c. and the House being resolved into a Grand Committee of the whole House the Title of the Bill was first Voted and many Speeches and Arguments were on both sides Urged for and against it but it is my Misfortune as I must always complain as well as the Reader 's loss that he can hear little of the matter but Ex parte for such was then the prevalency of the Faction that what Ever was spoken in the behalf of Episcopacy was stifled discouraged and suppressed and in this small Tract of time since the Revolution utterly lost and forgotten whereas all the Speeches of the Leading Men of the Faction were either by their own or by the Order of the House Printed Published and Dispersed throughout the Kingdom by which Art they did not only then persuade the Nation who saw nothing in Answer to these Libellous Speeches that their Reasons were unanswerable but they came by falling into so many hands to be preserved I hope as Eternal Monuments of Infamy to their Authors and Excellent Cautions to future Ages who will Easily be able to Judge when they hear of the like Speeches what a kind of Reformation and what defences of Liberty and Property they are to Expect from such pretended Patriots and Speech-makers who pull up the very Foundations of the Government under the pretence that it is Unsound and Rotten And indeed were it not that these Collections are generally like to fall into such Judicious hands as will be able to separate the insinuating Malice and Poison from them and thereby make them Useful by framing Arguments against them and winnowing the Chaffy part of their reasoning from them I could not judge it Expedient to transmit these four Grapes to Posterity nor to revive them did I not believe they might serve as useful precautions to preserve their Teeth from being set on Edge Upon this subject Sir Henry Vane who was now become not only the Proselyte but Favourite of the Faction for the Famous Blow he had given the Earl of Strafford made this insuing Speech at the Committee of the whole House Mr. Hide being in the Chair Mr. Hide THE Debate we are now upon is Sir Henry Vane's Speech against Episcopal Government June 11. 1641. Whether the Government by Archbishops Bishops Chancellors c. should be taken away out of the Church and Kingdom of England For the right stating whereof we must remember the Vote which passed Yesterday not only by this Committee but the House which was to this Effect That this Government hath been found by long Experience to be a great impediment to the perfect Reformation and Growth of Religion and very Prejudicial to the Civil State So that then the Question will lie thus before us Whether a Government which long Experience hath set so ill a Character upon importing Danger not only to our Religion but the Civil State should be any longer continued amongst us or be utterly abolished For my own part I am of the Opinion of those who conceive that the strength of Reason already set down in the Preamble to this Bill by Yesterdays Vote is a necessary decision of this Question For one of the main Ends for which Church-Government is set up is to advance and further the perfect Reformation and Growth of Religion which we have already Voted this Government doth contradict so that it is destructive to the very end for which it should be and is most necessary and desireable in which respect certainly we have cause enough to lay it aside not onely as useless in that it attains not its end but as dangerous in that it destroyes and contradicts it In the second place we have Voted it prejudicial to the Civil State as having so powerful and ill an influence upon our Laws the Prerogative of the King and Liberties of the Subject that it is like a spreading Leprosie which leaves nothing untainted and uninfected which it comes near May we not therefore well say of this Government as our Saviour in the Fifth of Matthew speaks of Salt give me leave upon this occasion to make use of Scripture as well as others have done in this Debate where it is said that Salt is good But if the Salt hath lost its savour wherewith will you season it It is thenceforth good for nothing but to be cast out and trodden under foot of men So Church-Government in the general is good and that which is necessary and which we all desire but when any particular Form of it hath once lost its savour by being destructive to its own ends for which it is set up as by our Vote already passed we say this hath then surely Sir we have no more to do but to cast it out and endeavour the best we can to provide our selves a better But to this it hath been said That the Government now in question may be so amended and reformed that it needs not be pulled quite down or abolished because it is conceived it hath no original sin or evil in it or if it have it is said regeneration will take that away Unto which I answer I do consent that we should do with this Government as we are done by in regeneration in which all old things are to pass away and all things are to become new and this we must do if we desire a perfect Reformation and growth of our Religion or good to our Civil State For the whole Fabrick of this Building is so rotten and corrupt from the very Foundation of it to the top that if we pull it not down now it will fall about the Ears of all those that endeavour it within a very few years The universal rottenness or corruption of this Government will most evidently appear by a disquisition into these ensuing particulars First Let us consider in what Soil this root grows Is it not in the Pope's Paradise do not one and the same Principles and Grounds maintain the Papacy or universal Bishop as do our Diocesan or Metropolitan Bishops All those authorities which have been brought us out of the Fathers and Antiquity will they not as well if not better support the Popedome as the Order of our Bishops So likewise all these Arguments for its agreeableness to Monarchy and cure of Schisme do they not much more strongly hold for the acknowledgment of the Pope than for our Bishops And yet have Monarchies been ever a whit the more absolute for the Pope's universal Monarchy or their Kingdoms less
be the greater because it redounds unto the God of glory My Motion is that those Sheets last presented to you may be laid by and that we may proceed to reduce again the old Original Episcopacy If this Gentleman had thoroughly consulted the Church History he would have found both that Episcopacy was ever accounted a Distinct Order from and above Presbytery and that the most Primitive Bishops exercised the same Jurisdiction and Power in the Church even over Presbyters themselves as the present English Bishops did and for their Temporal Baronies and Lordships it was never esteemed any ways Essential to the Office but only a Concomitant Adjunct which by the Fundamental Constitution of the Government by the Kings annexing Temporal Baronies to their Spiritual Office rendred them one of the three Estates of the Realm And indeed it was this Temporal Honor and their Secular Estates Lands and Tenements which raised the envy of some and the Covetousness of others against not only the Persons but the Order it self Sir Benjamin Rudyard also spake as follows Mr. Hide WE are now upon a very great Business Sir Benjamin Rudyard's Speech concerning Bishops Deans and Chapters at a Committee of the whole House June 21. 1641. so great indeed as it requires our soundest our saddest consideration our best judgment for the present our utmost foresight for the future But Sir one thing doth exceedingly trouble me it turns me round about it makes my whole Reason vertiginous which is that so many do believe against the wisdom of all Ages that now there can be no Reformation without destruction as if every sick Body must be presently knockt in the Head as past hope of Cure Religion was first and best planted in Cities God did spread his Net where most might be caught Cities had Bishops and Presbyters were the Seminaries out of which were sent Labourers by the Bishops to propagate and cultivate the Gospel The Clergy then lived wholly upon the Freewill-Offering and Bounty of the People Afterwards when Kings and States grew to be Christians the outward settlement of the Church grew up with them They Erected Bishopricks Founded Cathedral Churches Endowed them with large Possessions Landlords built Parish Churches gleab'd them with some portion of Land for which they have still a Right of Presentation I do confess That some of our Bishops have had Ambitious Dangerous Aims and have so still that in their Government there are very great Enormities But I am not of their Opinion who believe that there is an Innate ill Quality in Episcopacy like a Specifical Property which is a Refuge not a Reason I hope there is not Original Sin in Episcopacy and though there were yet may the Calling be as well Reformed as the Person Regenerated Bishops have governed the Church for 1500 years without interruption And no man will say but that God hath saved Souls in all those times under their Government Let them be reduc'd according to the usage of Ancient Churches in the best times so restâ—â—â—â—d as they may not be able hereafter to shame the Calling I love not those that hate to be Reformed and do therefore think them worthy of the more strict the more close Reformation We have often complained That Bishops are too absolute too singular Although Cathedral Churches are now for the most part but Receptacles of Drones and Non-Residents yet some good Men may be found or placed there to be Assessors with the Bishops to assist them in Actions of moment in Causes of Importance there is maintenance already provided for them If either in Bishopricks or Cathedral Churches there be too much some may be pared off to relieve them that have too little If yet more may be spared it may be employed to the setting up of a Preaching Ministry through the whole Kingdom And untill this be done although we are Christians yet are we not a Christian State There are some places in England that are not in Christendom the people are so ignorant they live so without God in the World for which Parliaments are to answer both to God and Man Let us look to it for it lies like one of the Burdens of the Prophet Isaiah heavy and flat upon Parliaments I have often seriously considered with my self what strong concurrent Motives and Causes did meet together in that time when Abbies and Monasteries were overthrown Certainly God's hand was the greatest for he was most offended The profane Superstitions the abominable Idolatries the filthy nefandous wickedness of their Lives did stink in God's Noistrils did call down for Vengeance for Reformation A good Party of Religions Men were Zealous Instruments in that great work as likewise many Covetous Ambitious Persons gaping for fat Morsels did lustily drive it on But Mr. Hide there was a principal Parliamentary motive which did facilitate the rest for it was propounded in Parliament that the Accession of Abby-Lands would so inrich the Crown as the people should never be put to pay Subsidies again This was plausible both to Court and Countrey Besides with the Over-plus there should be maintained a standing Army of Forty Thousand Men for a perpetual defence of the Kingdom This was Safety at home Terrour and Honour abroad The Parliament would make all sure Gods part Religion by his blessing hath been reasonably well preserved but it hath been saved as by fire for the rest is consumed and vanished the people have payed Subsidies ever since and we are now in no very good Case to pay an Army Let us beware Mr. Hide that we do not look with a worldly carnal evil Eye upon Church Lands let us clear our Sight search our Hearts that we may have unmixt and sincere Ends without the least thought of saving of our own Purses Church Lands will still be fittest to maintain Church Men by a proportionable and orderly distribution We are very strict and curious to uphold our own Propriety and there is great reason for it Are the Clergy only a sort of Men who have no Propriety at all in that which is called theirs I am sure they are Englishmen they are Subjects If we pull down Bishopricks and pull down Cathedral Churches in a short time we must be forced 〈◊〉 pull Colledges too for Scholars will live and dye there as in Cells if there be not considerable Preferment to invite them abroad And the example we are making now will be an easie Temptation to the less pressing necessities of future times This is the next way to bring in Barbarism to make the Clergy an unlearned contemptible Vocation not to be desired but by the basest of the People and then where shall we find men able to convince an Adversary A Clergy-men ought to have a far greater proportion to live upon than any other Man of an equal Condition He is not bred to multiply Three-pences it becomes him not to live Mechanically and sordidly he must be given to Hospitality I do know my self a
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
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
Members and Assistants of this House as they shall nominate may be Examined Whereupon it was Ordered That this House will joyn with the House of Commons in this Message Ordered That the same deputed Lords do take the Examination of Witnesses upon Oath in the Cause concerning the Arch-Bishop of Canterbury as were deputed in the Earl of Strafford 's and the same Oath to be Administred and the same Course to be observed in the rest of the Particulars Ordered That the now Earl of Bedford shall be added to the Deputed Lords in his Father's room and Mr. Attorney General and Mr. Serjeant Glanvile are appointed to write down the Examinations This afternoon A standing Order of the House it being a considerable time before there were Forty Members to make a House it was Ordered That so soon as the House Sits and that the Serjeant comes to any Committee then Sitting to signifie to them that the House is Sitting that the Chair-man shall immediately come away to attend the Service of the House Ordered That the Committee for the Bishop of Bath and Wells sit to morrow in the Afternoon at Two of the Clock in the Dutchy Chamber The Case of one Mr. Smith a Minister Votes in the Case of Mr. Smith a suspended Minister formerly suspended by Sir John Lamb being reported to the House it was Resolved c. That Mr. Smith was illegally suspended by Sir John Lamb and that Sir John Lamb ought to give him reparation and satisfaction for his damages sustain'd by that Suspension Mr. Hide reports the Articles against Sir John Bramston Knight Mr. Hide Reports the Articles against Lord Chief Justice Bramston The Controversy between the Lord Major and Commonalty of London about Election of one Sheriff heard Lord Chief Justice of the King's-Bench All which being singly Voted together with the Title were ordered to be ingrossed in order to their being carried up to the Lords Upon the opening of the Cause between the Lord Mayor and Aldermen and the Commonalty of London concerning the Election of one of the Sheriffs which formerly hath been chosen by the Lord Mayor and presented to the Commonalty on Midsummer-day for their Confirmation and likewise the differences concerning the Nomination and Election of other Officers now in question between the said Lord Mayor and the Commonalty the Lord Mayor alledging the said Sheriff and Officers to be Nominated and Confirmed by him according to the constant practice of the said City for 300 years last past without any contradiction or gain-saying But the Commonalty alledging on the behalf of the Commons that they had interest in the said Nomination and Elections It was thereupon Ordered by the Lords in Parliament That the said Lord Mayor shall call a Common-Hall on Friday 2 July 1641. Which Common-Hall is to consist of the Masters and Wardens and Livery-men of the several Companies of London and no other And that the Commonalty are then to Assemble in a peaceable and quiet manner to settle and compose the Dfferences between the said Lord Mayor and themselves if they can if not then to make choice of Six discreet persons of the said Commonalty to treat and debate this business between them and settle and compose all differences among themselves between this and Friday come seven-night being the Ninth of July 1641. But in case the said Differences cannot be composed then the pleasure of the House is that the said Cause shall be heard in open House at the Bar on the said Ninth of July And that in the mean time the said Persons so chosen as aforesaid shall have free liberty by themselves their Council and others that they shall employ to View and Transcribe such and so much of the Charters of the said City Acts of Common Council Books of Entries of Elections and Accompts and all such other Acts and Records as shall or may concernt the said Causes in Question and that all Clerks and others in whose Custody the said Instruments are shall be assisting to the said Searchers And lastly that if the Cause shall come before the Lords in Parliament that then the said six Persons so chosen as aforesaid shall attend the same before their Lordships Thus Early did the Faction grasp at every thing of Power and Authority and the Common-Halls indeavouring to divert the Lord Mayor of his Priviledges was but a fore-runner that the House of Commons would do the same and set up the Popular Authority above that of their Soveraign Lord the King of whom the Lord Mayor was the immediate Representative Then the Earl of Bristol Reported to the House The Earl of Bristol's Report of the Scots Commissioners Answer about the staying the Kings Journey June 29. 1641. That the Lords Commissioners had met with the Commissioners of Scotland and delivered unto them the Paper concerning the time of his Majesties Journey into Scotland Which was read in haec verba Viz. His Majesty hath Commanded us to let you know That whereas he hath been Petitioned by both Houses of Parliament for some stay of his Journey to Scotland until the Armies be Disbanded and that divers other things for the Peace and Good of this Kingdom be setled And whereas his Majesty doth acknowledg himself ingaged by his Promise and by his Letters as likewise by his late Proclamation declaring his Resolution to be present at the Holding of the Parliament in Scotland at the day in the Proclamation limited his Majesty being desirous to give Satisfaction to the Parliaments of both Kingdoms hath Commanded Us to declare unto you the Desire of the Parliament of England and to Treat with you how his Going may be best Fitted and Accommodated to the Convenience of both Kingdoms and the Desire of both Parliaments Then was read the Scottish Commissioners Answer hereunto which follows We do with all Thankfulness acknowledg his Majesties Royal and Tender Care of Settling the Affairs of his Ancient and Native Kingdome of Scotland and the Constancy of his Resolution according to his Royal Promise and Proclamation to be present at the Day appointed Our Affection also toward the Settling of the Affairs of England and the Desires of the Houses of Parliament that his Majesties Journey to Scotland may be stayed for some time to that Effect do so far prevail with us that we shall deal most Earnestly with the Parliament of Scotland That they Adjourn their Meeting till the 5th of August or if they shall find that a new Adjournment of the Parliament after so many Prorogations be so prejudicial to the present Condition of the Affairs of that Kingdom that it cannot be granted We will Endeavour That they may in their Meetings be only Exercised in preparing Matters for the Parliament and that they determine nothing nor make any Act till the day Designed for his Majesties coming But withall we must signifie That the present Constitution of that Kingdom for want of Councel Session and other Courts of
time the Bill intituled An Act for the speedy Provision of Mony for disbanding the Armies Poll Bill passed the Lords House and setling the Peace of the two Kingdoms of England and Scotland and it was put to the Question and contented to pass as a Law Memorandum That this House will take into Consideration hereafter how the Bishops may be relieved concerning the Payment of their double Tenths if they shall see Cause so to do A Message was sent to the House of Commons to desire a present Conference by a Committee of both Houses touching Honour Conference to be with the Commons about the Kings bestowing Honours The subject of the Conference to be That both Houses may Petition his Majesty that Titles of Honour may not be bought and sold for Mony but that it may be confer'd by his Majesty as anciently it was for Vertue and Merit and also to consult with the House of Commons about a Bill for preventing of this hereafter and the Bill to begin from the first day of this Parliament The Bills for Regulating of the Council-Board and taking away of the Star-Chamber and the Bill concerning the High-Commission Court being read a third time and upon the Question were resolved by the major part to pass as Laws and were sent down to the House of Commons A Message was sent to the Commons to let them know that the Lords had sent some of their House to inform his Majesty that the Bills were ready for his Assent Mr. Crew and Mr. Littleton ordered to repair to the Lord Keeper Saturday July 3. Message from the Commons to the Lord Keeper that the Judges may not Travel on the Lords Day and to desire him from this House to desire the Judges in their several Circuits so to dispose of their Journeys that they may not Travel upon the Lords-Day for the ill example that is given to the Countrey thereby A Message was sent from the Lords to certifie the Commons that his Majesty who intended to be at the House in the morning had put it off till the afternoon at which time he would pass the Poll-Bill and take time to consider of the other till Tuesday But at this the Commons were displeased and Voted that they should all pass together and Mr. Arthur Goodwin was appointed to go up to the Lords to acquaint their Lordships that the passing of the other two Bills will Expedite the Mony Bill and to desire them to move his Majesty to do it with all convenient Expedition and that they will move his Majesty in it which they did who return'd this Answer That he would in his own person give his answer to their desires In the Afternoon his Majesty coming to the House of Lords the Commons were sent for by the Gentleman-Usher of the Black-Rod when the Bills were presented for the Royal Assent Mr. Speaker entertained his Majesty with this following Speech May it please your Most Sacred Majesty THe Government of this Common-Wealth rests in the Rules of Order Mr. Speakers Speech at the passing the Bill for Poll-Money July 3. 1641. and hath so much affinity and consent with the Rules of Nature in the Government of the World That the first Copy and mutation of the one may seem to be taken from the Original and first Model of the other This contemplation Most excellent and gracious Soveraign casts our Eyes upon your Sacred Majesty as that Celestial Orbe which never resting without the Office of perpetual motion to cherish the lower Bodies not enriching it self with any Treasures drawn from below exhales in vapours from the inferior Elements what in due Season it returns in showers The application makes us consider our selves those sublunary Creatures which having their Essence and Being from the influence of those Beams as the Flowers of the Field open to receive the Glory of the Sun In this Relation both contribute to the Common good your Sacred Majesty as a Nursing Father designed to bestow on your People the Blessing of Peace and Unity and we as the Children of Obedience return our duties and affections in Aids and Tributes And this compacted in one Body by the ligaments of Religion and Laws hath been the object of admiration to the whole World Amidst the distraction of Forreign Nations we only have sate under the shadow of our Vines and drank the Wines of our own Vintage But your crafty adversaries perceiving that the fervent profession of our own Religion and the firm observation of our Laws have been the Pillars of our prosperity by subtle insinuation pretending a politick necessity to admit of a Moderation in our Religion to comply with Forreign Princes and suggesting it a Principle in the Rules of Soveraignty to require and take not ask and have that it must postulare by power not petere by Laws and keep these miseries of War and Calamity between Nation and Nation and put us in the posture of gaze to the whole World But when we behold your Sacred Majesty descended from the Royal Loyns of that glorious King which by his Wisdom and Policy first ingrafted the White-Rose and the Red upon the same stock and sheathed the Sword that had pierced the Bowels of so much Nobility glutted with the Blood of People and then laid the first hopes of the happy Union between the Nations When our thoughts refresh themselves with that happy memory of that Religious King your Gracious Father on whose Sacred Temples both Diadems were placed wreathed about with this Motto faciam eos in gentem unam we cannot but believe that God and Nature by a lineal Succession from those Fathers of Peace hath ordained you that Lapis Angularis upon which the whole Frame settles and put into the hands of your Sacred Majesty the possibility and power to firm and stablish this happy Union between your Kingdoms and so raise your memory a Statue of Glory and Wisdom from Generation to Generation In all this length of time the assurance of this Union and Peace hath been the chief object of our desires Our Purses have been as open as our Hearts both contributing to this great Work manifested by so many Subsidies already presented sufficient in our first hopes for the full perfection But finding that fail have again adventured upon your Peoples Property and in an old and absolute way new burnisht by the hand of instant necessity expressed to the World the Hearts of a Loyal People and howsoever gilded with a new name of Tranquility and Peace to your Kingdoms that with more ease the People may disgest the bitterness of this Pill yet still our Hearts had the same aim and object A Gift suitable to the necessity of so vast Expences that time cannot parallel it by any example And by which if your Sacred Majesty vouchsafe your Royal assent which we Humbly pray we shall not doubt you may soon accomplish those happy effects that may present your Wisdom the object of
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
Indictments where the Matter in Issue being that the said Brook refused to Administer the said Sacrament because the said Ingram and Carter would not receive Tickets with their Sur-Names before their Christen-Names which was a Course never used amongst them but by the said Brook He the said Sir Robert Berkley did then much discourage the said Ingram's Councel and over-rule the Cause for matter of Law so as the Jury never went from the Bar but there found for the said Brook And the said Sir Robert Berkley bound the said Ingram to the good Behaviour for the prosecuting the said Indictments and ordered him to pay Costs to the said Brook for wrongfully inditing him And whereas the said Carter not expecting the Tryal at the same Assizes he preferred his Indictment was then absent whereupon the said Sir Robert Berkley did cause to be entred upon the said Indictment a vacat quia non sufficiens in lege and ordered an Attachment against the said Carter which said proceedings against the said Ingram and Carter by the said Sir Robert Berkley were contrary to Law and Justice and to his own knowledge 10. That the said Sir Robert Berkley being one of the Justices of the Court of Kings-Bench and duly sworn as aforesaid in Trinity Term 1637. deferred to discharge or bail Alexander Jenings Prisoner in the Fleet brought by Habeas Corpus to the Bar of the said Court the return of his Commitment being that he was committed by two several Warrants from the Lords of the Councel dated the fifth of November 1636. The first being only read in Court expressing no cause the other for not paying Messengers Fees and until he should bring a Certificate that he had paid his Assessment for Ship-Money in the County of Bucks but remitted him And in Michaelmas Term after the said Jenings being brought by another Habeas Corpus before him as aforesaid and the same returned yet he the said Sir Robert Berkley refused to discharge or bail him but remitted him And in Easter Term after several Rules were given for His Majesties Councel to shew Cause why the said Jenings should not be Bailed a fourth Rule was made for the said Jenings to let His Majesties Attorney General have notice thereof and notice was given accordingly and the said Jenings by another Habeas Corpus brought to the Bar in Trinity Term after and the same return with this addition of a new Commitment of the Fourth of May suggesting he the said Jenings had used divers scandalous Words in derogation and disparagement of His Majesties Government He the said Jenings after several Rules in the end of the said Trinity Term was again remitted to Prison And he the said Sir Robert Berkley did on the fifth of June last defer to grant His Majesties Writs of Habeas Corpus for William Pargiter and Samuel Danvers Esquires Prisoners in the Gate-House and in the Fleet And afterwards having granted the said Writ of Habeas Corpus the said Pargiter and Danvers were on the eighth of June last brought to the Bar of the said Court where the Returns of their Commitments were several Warrants from the Lords of the Councel not expressing any Cause yet he the said Sir Robert Berkley then sitting in the said Court deferred to Bail the said Pargiter and Danvers and the eighteenth of June last made a Rule for a new return to be received which were returned the 25th of June last in haec verba Whereas His Majesty finding that his Subjects of Scotland have in Rebellious and Hostile manner Assembled themselves together and intend not only to shake off their Obedience unto His Majesty but also as Enemies to invade and infest this His Kingdom of England to the danger of his Royal Person c. For prevention whereof His Majesty hath by the Advice of his Councel-Board given special Commandment to all the Lord-Lieutenants of the Counties of this Realm appointed for their Rendezvouz in their several and respective Counties there to be conducted and drawn together into a Body for this Service And whereas His Majesty according to the Laws and Statutes of this Realm and the constant Custom of his Predecessors Kings and Queens of this Realm hath Power for the defence of this Kingdom and resisting the force of the Enemies thereof to grant forth Commissions under His Great Seal to such fit Persons as he shall make choice of to Array and Arm the Subjects of this Kingdom and to compel those who are of able Body and of able Estates to arm themselves and such as should not be of able Bodies but of Ability in Estate to Assess them according to their Estates to contribute towards the Charge of arraying others being able of Body and not able in Estate to arm themselves And such Persons as should be contrariant to commit to Prison there to remain untill the King should take further Order therein And whereas the Earl of Exeter by vertue of His Majesties Commission to him directed for the Arraying and Arming of a certain number of Persons in the County of Northampton hath assest William Pargiter being a Man unfit of Body for that Service but being of Estate and Ability to contribute amongst others to pay the Sum of five Shillings towards the arraying and arming of others of able Bodies and wanting Ability to Array and Arm themselves And whereas we have received Information from the said Earl that the said William Pargiter hath not only in a wilful and disobedient Manner refused to pay the said Money assessed upon him towards so important a Service to the disturbance and hindrance of the necessary defence of this Kingdom but also by his ill example hath mis-led many others and as we have just cause to believe hath practiced to seduce others from that ready obedience which they owe and would otherwise have yielded to His Majesties just command for the publick defence of His person and Kingdom which we purpose with all convenient speed to enquire further of and examin These are therefore to will and require you to take into your Custody the Persons of the said William Pargiter and Samuel Danvers and them safely to keep Prisoners till further order from this Board or until by due course of Law they shall be delivered Yet he the said Sir Robert Berkley being desired to Bail the said Pargiter and Danvers remitted them where they remained Prisoners till the Ninth of November last or thereabouts although the said Jenings Pargiter and Danvers on all and every the said returns were clearly Bailable by Law and the Council of the said Jenings Pargiter and Danvers offered in Court very sufficient Bail And he the said Sir Robert Berkley being one of the Justices of the Court of the Kings Bench denied to grant his Majesties Writs of Habeas Corpus to very many others his Majesties Subjects and when he had granted the said Writs of Habeas Corpus to very many others his Majesties Subjects and on the return
be made acquainted by the Lords of the Council why they Committed and therefore Remitted him And in Michaelmass Term after the said Jenings being brought by another Habeas Corpus as aforesaid and the same returned yet he the said Sir John Brampston refused to Discharge or Bail him but remitted him And in Easter Term next after several Rules for His Majesties Council to shew cause why he the said Jenings should not be Bailed a fourth Rule made for the said Jenings to let His Majesties Attorney have notice which notice was given accordingly yet he remitted him And the said Jenings by another Habeas Corpus brought to the Barr as aforesaid in Trinity Term after and the same return with the addition of a new Commitment of the fourth of May 1638. suggested that he the said Jenings had used divers scandalous words in derogation and disparagement of his Majesties Government After several Rules in the end of the said Trinity Term he again remitted him to Prison And he the said Sir John Brampston about the ninth of July after at his Chamber in Serjeants-Inn being desired by Mr. Meawtis one of the Clerks of the Council-Board to discharge the said Jenings for that he the said Jenings had entred into a Bond of 1000 l. to appear before the Lords of the Council the next Michaelmas Term after and to attend de die in diem yet the said Sir John Brampston refused to discharge the said Jenings until he entred into Recognisance to appear the next Term and in the mean time to be of his good behaviour And the said Jenings was continued on his said Recognisance till Easter Term after And the said Sir John Brampston did on the fifth of June 1640. deferr to grant His Majesties Writ of Habeas Corpus for Samuel Danvers and William Pargiter Esquires Prisoners in the Gate-House and in the Fleet and when he had granted the said Writ the said eighth Day of June after the return being the Order of the Council-Table not expressing any cause he the said Sir John Brampston deferred to Bail the said Pargiter And the eighteenth of June after made a Rule for a new return to be received which was returned the five and twentieth of the said June in haec verba Whereas His Majesty finding that His Subjects of Scotland have in Rebellious and Hostile manner Assembled themselves together and intend not only to shake off their obedience unto His Majesty but also as Enemies to Invade and Infest this His Kingdom of England to the danger of His Royal Person c. For prevention whereof His Majesty hath by the Advice of His Council-Board given special Commandment to all the Lord Lieutenants of all the Counties of this Realm with expedition to Arm and Array a certain number of able Men in each County to be prepared ready to be conducted to such places as should be appointed for their Rendezvouz in their several and respective Counties there to be conducted and drawn together in a Body for this Service And whereas His Majesty according to the Laws and Statutes of this Realm and the constant Custom of His Predecessors Kings and Queens of this Realm hath Power for the defence of this Kingdom and resisting the Force of the Enemies thereof to grant forth Commissions under His great Seal to such fit Persons as he shall make choice of to Array and Arm the Subjects of this Kingdom and to compel those who are of able Body and of able Estates to Arm themselves and such as should not be able of Bodies but of Ability in Estate to Assess them according to their Estates to contribute towards the charge of Arraying and Arming others able of Body and not being able in Estate to Arm themselves And such Persons as should be contrariant to commit to Prison there to remain untill the King should take further order therein And whereas the Earl of Exceter by vertue of His Majesties Commission to him directed for the Arraying and Arming of a certain number of Persons in the County of Northampton hath assest William Pargiter being a Man unfit of Body for that Service but being of Estate and Ability fit to contribute amongst others to pay the Summ of five Shillings towards the Arraying and Arming of others of able Bodies and wanting Ability to Array themselves And whereas we have received Information from the said Earl that the said William Pargiter hath not only in a willful and disobedient manner refused to pay the said Money assessed upon him towards so Important a Service to the disturbance and hinderance of the necessary defence of this Kingdom but also by His ill example hath misled many others and as we have just cause to believe hath practised to seduce others from that ready obedience which they owe and would otherwise have yielded to His Majesties just command for the publick defence of His Person and Kingdom which we purpose with all convenient speed to enquire further of and examin These are therefore to will and require you to take into your Custody the Person of the said William Pargiter and him safely to keep Prisoner till further Order from this Board or untill by due Course of Law he shall be delivered And the like return was then made in all things mutatis mutandis concerning the said Danvers for not paying a Summ of Money assessed upon him Yet he the said Sir John Brampston deferred to Bail the said Danvers and Pargiter but remitted the said Danvers to the Fleet where he remained till the 12 of July 1640. and the said Pargiter to the Gate-House where he remained till the Ninth of November last although the said Jenings Danvers and Pargiter upon all and every the said Returns ought to have been discharged or bailed by Law and the Councel of the said Jenings Danvers and Pargiter offered in Court very sufficient Bail And he the said Sir John Brampston being Chief Justice of the Court of Kings-Bench denyed to grant His Majesties Writ of Habeas Corpus to very many other His Majesties Subjects and when he had granted the said Writs of Habeas Corpus to very many others His Majesties Subjects and on the return no Cause appeared or such Cause only as was clearly bailable by Law yet he remanded them where they remained Prisoners very long which said deferring to grant the said Writs of Habeas Corpus and refusals and delays to discharge Prisoners or suffer them to be Bailed contained in this Article are destructive to the Fundamental Laws of this Realm and contrary to former resolutions in Parliament and to the Petition of Right which said Resolutions and Petition of Right were well known to him the said Sir John Brampston 4. That whereas there was a Cause depending in the Court Christian at Norwich between Samuel Booty Clerk and Collard for two Shillings in the Pound for Tythes for Rents of Houses in Norwich and the said Collard moved by his Councel in the Court of Kings-Bench
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
from the King in haec verba His Majesty hath commanded Me to tell you Munday July 19 Message from the King about a Priest of the Venetian Ambassadors that upon a Complaint of the Venetian Ambassador for the imprisoning of a Priest being His Majesties Subject he thinks fit that these two Things be done First That all Ambassadors should have it declared to them in His Majesties Name that they retain no Priests Natives of any of His Majesties Dominions Secondly That the Priest belonging to the Venetian Ambassador be presently sent out of the Kingdom and not to return again but at his Peril This Favour His Majesty thinks fit to shew the Venetian Ambassador seeing the particular Person as His Majesty is informed hath been his Servant these three Years and was brought over with him when he came the Ambassador being ignorant of the Laws of the Kingdom Whereupon it was Ordered That the Committee of Ten inform themselves of the truth of the Ambassadors Complaint and the State of the Case Bill about the Marches of Wales A Message was brought from the Commons by Sir Robert Harlow who also brought up a Bill which had passed that House for freeing five Counties from the Jurisdiction of the Marches of Wales Mr. Bellasis also brought up another Bill Bill for Billet Money c. which had passed the House of Commons Entituled an Act for securing of such Monies as are or shall be due to the Inhabitants of the County of York and the other Counties adjoyning wherein His Majesties Army is or hath been Billetted for the Billet of the Soldiers of the said Army as also to certain Officers of the said Army who do forbear part of their Pay according to an Order in that behalf in the Commons House of Parliament this present Session for such Use of their parts as they shall forbear Five new Heads added to the Ten former Propositions July 20. 1641. The Earl of Bristol Reports from the Committee of both Houses for the Ten Heads That the House of Commons have presented to their Lordships five Propositions which they desire may be added to the other Ten Heads and that their Lordships after Consideration of them would joyn with them to move His Majesty therein the Heads were these viz. I. The House of Commons doth declare That no Forreign Ambassador what soever ought to shelter or harbor any Popish Priests or Jesuits that are Natives of the Kings Dominions under pretence of being their Servants or otherwise and that the select Committee of their House for the Ten Propositions shall present this Declaration to the Committee of this House to the end that their Lordships may joyn with them to Petition His Majesty that this may accordingly be observed II. That Care may be taken concerning several Commissions granted for the Levying of Men in Ireland to the number of Fourteen Thousand Men as is informed and all of them Papists to the end to be transported as is conceived to Princes not well affected to this Kingdom and that Popish Commanders may not have such Power by Commissions as is of late granted to them III. Also that no Papist hereafter may have the keeping of any Castle Fort Chace Forrest Park or Walk within England and Wales and that such as are in Possession may be outed according to Law IV. That the King be moved to let the House of Commons have such Gun-powder out of His Majesties Stores as may be spared and they will pay after the rate of ten Pence per Pound for it as soon as they can get Monies V. And lastly To move His Majesty that the Arms which have been taken from the several Counties may be restored to them and if His Majesty can spare any Arms out of His Store they will buy them Hereupon the Lords taking these five Propositions into Consideration Ordered To joyn with the House of Commons humbly to move His Majesty that he would please to Assent to them To this purpose Earl of Essex Earl of Warwick Earl of Cambridge Earl of Bristol Viscount Say and Seal were appointed to attend His Majesty for His Answer After which William Smyter William Shepheard Toby Gratwick Rioters at St. Olaves released George Ewer Hugh Barcok Thomas Low George Pitcher and Edward Symonds upon their Humble Petition and Acknowledgment of their Misdemeanors in the Tumult at St. Olaves and St. Saviors were released from their Imprisonment A Conference having been had-with the Lords about the French Ambassadors Tuesday July 20. French Ambassador desires to have the Disbanded English Army for his Masters Service desire to have some of the disbanded Troops Sir John Culpeper Reports That the French Ambassador had waited upon His Majesty to desire that upon disbanding of the English Army he might have liberty to carry such Men over for his Masters Service as he could agree with and that His Majesty had told him that he would give no Answer till he had acquainted the Parliament with it Whereupon it was Ordered That the House should consider of it on Thursday Morning The engrossed Articles against the Bishop of Ely were this Day carried up to the Lords by Sir Thomas Widdrington who at the reading of them made this following Oration to blacken the Lawn Sleeves which was then the greatest Perfection of Eloquence and of Religion to be highly uncharitable My Lords I am commanded by the Knights Citizens and Burgesses now Assembled for the Commons in Parliament to deliver to your Lordships these Articles against the Bishops of Ely May it please your Lordships first to hear them read MY Lords These Articles are dipped in those Colours Sir Thomas Widdrington's Speech at the reading of the Articles against the Bishop of Ely 20 1641. in which this Bishop rendred himself to the Diocess of Norwich they need no Gloss nor Varnish In them you may behold the spirit and disposition of this Bishop hear the groans and cryes of the People see a Shepherd scattering I had almost said devouring his own Flock He that was desired to paint Hercules thought he had done enough when he had made a resemblance of the Lyons Skin which he was wont to carry about him as a Trophy of his Honor. I will say that in these you will not find a resemblance of the Lyons Skin I am sure you will find the resemblance of the Skins that is to say the tattered and ruin'd Fortunes of Poor Innocent Lambs who have extreamly suffered by the violence of this Bishop In the year 1635 this man was created Bishop of Norwich he is no sooner there but he marcheth furiously In the Creation of the World Light was one of the first productions the first visible action of this Bishop after his Creation into the See was to put out many burning and shining Lights to Suspend divers Able Learned and Conscientious Ministers he that should have been the golden Snuffer of these Lights became the Extinguisher and
flock over the Sea but went not himself Like Nimrod he hath invaded the Laws and Liberties of the Subject he hath been as great a Rober as ever was presented to your Lordships He hath Robbed the King of his Subjects the greatest glory of Kings the Kingdom of Trade of Tradesmen the Supporters of it He that deprives the King of one Subject you know his punishment and what shall be the punishment of him who hath Robbed the King of so many Subjects In the time of King Henry the Third 16 H. 3. F. wast 128. we find a Tenant in Dower punished in Action of Waste because she had destroyed two rich Villains and made them Beggers I appeal to your Lordships what is his offence who hath commmitted so much wilful Waste and Spoil Beggered Hundreds not Villains but Free-born Subjects He Robbed the Souls of that sweet Mannah which is pabulum animarum the Word of God My Lords I have not yet recounted all his Robberies he hath Robbed God of part of his Day makes part of that a Day of sports he hath Robbed his Subjects of their indubitable Birth-right the Laws of the Kingdom The Citizens of Norwich must pay Tithes for their Rents of Houses there 's no Law in England nor Custom in Norwich for it Nay that they may be sure to be Robbed of Justice too the suit for these Tithes must be in his own Consistory from whence there must be no Appeal no Prohibition The true Patrons of Churches they are Robbed of their Presentations others who had none or small pretence of right are admitted upon this unhallowed Maxim That if he should Institute those who had right the pretender was without remedy by this he inverted a Fundimental Law of this Nation to invest remediless Rights with unjust Possessions My Lords I cannot tell you all but you can measure a Lyon by the Paw I am commanded to lay this great Malefactor at your Doors one who hath been a great oppugner of the Life and Liberty of Religion and who set a Brand of Infamy to use his own words upon Ipswich Education In Summ one who is a compleat mirror of Innovation Superstition and Oppression he is now in the Snare of those Articles which were the works of his own Hands The Rod of Moses at a distance was a Serpent it was a Rod again when it was taken into his Hands this Bishop was a Serpent a devouring Serpent in the Diocess of Norwich your Lordships peradventure will by handling of him make him a Rod again or if not I doubt not but your Lordships will chastise him with such Rods as his Crimes shall deserve My Lords I am commanded by the House of Commons to desire your Lordships that this Bishop may be required to make answer to these Articles and that there may be such proceedings against him as the course and justice of Parliament doth admit Articles of Impeachment against Mathew Wren Doctor in Divinity late Bishop of Norwich and now Bishop of Ely THat the said Matthew Wren being Popishly and Superstitiously affected The Articles against the Bishop of Ely did at his first coming to be Bishop of Norwich which was in the year 1635. endeavour by sundry ways and means to suppress the powerful and painful Preaching of the Word of God did introduce divers Orders and Injunctions tending to Superstition and Idolatry did disturb and disquiet the orderly and setled Estate of the Ministers and People and Churches of that Diocess to the great prejudice of His Majesty the great grief and disquiet and hazard of the Estates Consciences and Lives of many of His Majesties Loyal Subjects there to the Manifest bringing in and encreasing of Prophaneness Ignorance and disobedience in the common People as by the particulars ensuing may appear I. Whereas many Chancells of Churches during all the time of Queen Elizabeth King James and of His Majesty that now is had laid and been continued even and flat without any steps ascending towards the East end of the same and are by the Rubrick in the Book of Common-Prayer ordered to continue as they were and so ought to have continued He of His own mind and will without any Lawful Warrant or Authority in the year 1636 being then Bishop of Norwich ordered and enjoyned that the same should be raised towards the East-end some two some three some four steps that so the Communion-Table there placed Altar-wise might be the better seen of the People II. He in the same year 1636. Ordered that the Communion-Table which is appointed by the same Rubrick at the time of the Celebration of the Holy Communion to be placed in the Body of the Church or Chancel where Divine Prayers are usually read and where the People might best hear should be set up close under the Wall at the East-end of the Chancel Altar-wise and not to be removed from thence whereby the Minister who is by the Law to Officiate at the North-side of the Table must either stand and Officiate at the North-end of the Table so standing Altar-wise or else after the Popish and Idolatrous manner stand and Officiate at the West-side of the Table with his Back towards the People III. He in the same year 1636. enjoyned that there should be a Rail set on the top of the new raised steps before the Communion-Table so set Altar-wise as aforesaid which Rail should reach from the South-side of the Chancel to the North within which the Minister only should enter as a place too Holy for the People and some of the People were punished for stepping into it as namely Daniel Whayman and others IV. The more to advance blind Superstition he in the same year 1636. Ordered that all the Pews in the Churches should be so altered that the People might kneel with their Faces Eastward towards the Communion-Table so set Altar-wise as aforesaid And that there should be no Seats in the Chancel above or on either side even up with the said Table V. He in the same year 1636. enjoyned that every Minister after he had finished the reading of some part of Morning Prayer at the Desk should go out from the same to the Holy Table set Altar-wise as to a more Holy place and there when no Communion was to be Administred Read at the said Table a part of the Communion Service now commonly called the second Service whereby the consciences both of the Minister and People have been not only very much offended and grieved but also the Service it self was made very unprofitable to the People who could not hear what was said or prayed in that place VI. That both he in his own Person his Chaplains and others of the Clergy as namely Mr. John Novell Mr. William Guest Mr. John Dunckon and others following his example did ever after the Table was so set Altar-wise use and perform such so many and so frequent bowings and adorations before and towards the said Table as have been
Clerks under his Hand they could not judg of it till they had resorted to his Book where their Orders and their Votes are entred month July 1641. where they found their Votes concerning their late Protestation taken both by your Lordships and them and they found the contents of this Paper to agree in terminis with what is entred in their Clerks Book Then they called to mind what had passed in the House upon that occasion when those resolutions of theirs were Voted How they had considered of that Protestation that it bound all men to defend the Religion here Established c. This they conceived to be a true Test of every good Subject a Shibboleth to distinguish the Ephramites from the Gileadites that whosoever was well affected in Religion and to the good of the Common-wealth would make this Protestation and on the other side who would not make it was not well affected And such a man they held it their duties in discharge of the trust reposed in them by the whole Body of the Kingdom all the Commons of England who have sent them out as so many Sentinels to watch for them to give them notice of the good or the evil Friends or Enemies coming towards them they held it I say their duties to declare their Opinions that such a Man was not their Friend was unfit to bear Office either in Church or State and therefore they passed this Vote that it is a thing fit and necessary to be done by them and for such they do avow it And besides they thought it fit to give an account to those who had employed them the several Counties and Burroughs that sent them to give them a mark by which they might know who were good men lovers of their Countrey fit to be intrusted with Offices with the oversight of any part of Church or State and therefore they gave order this Vote should be sent down unto all the parts of this Kingdom And lastly that it might be done speedily and not stay the Writing out of so many Copies they gave order it should be Printed and be attested under the Clerks Hand with order c. The Copies of which three orders your Lordships have in this Printed Paper which the Commons assembled in Parliament have Commanded me to signifie unto your Lordships and that the passing of these Votes they do own they do avow they do justifie Mr. Serjeant Wild Reports from the Committee for the Impeachment of the Bishops for the New Canons c. But the further consideration of it was deferred till the next day and the House entred upon the further Debate of the Bill for abolishing Episcopacy Two Private Bills one for Mr. Byarley the other for Sir Alexander Denton were passed the House of Lords this Day Then a Letter dated the 27th of _____ 1641 was read Exceptions taken at a Letter from the Speaker of the Lords House in Ireland to the Speaker of the Lords House in England sent from the Speaker of the Lords House in Ireland to the Speaker of the Lords House in England and because the House conceived this Letter entrenched upon the Jurisdiction and Priviledge of this House therefore it is Ordered That the L Chamberlain E. March and E. Bristol Viscount Say and Seal do attend the King and shew him this Letter and desire him from this House that he will be pleased to make stay of the passing of those Acts of Grace and Favor that are in Treaty concerning the Kingdom of Ireland until this Business be determined in this House and further humbly to desire that the Levying of the 14 thousand Soldiers in Ireland may be stayed if it be not already done Then these Lords L. Privy Seal E. Bath E. Southampton Episcopus Lincoln were appointed to have power from this House to search Records Wednesday August 5. and Presidents concerning Ireland's dependency upon this Kingdom and to report the same to this House The House of Commons was informed that the E. of Warwick hath paid the Scots 50000 l. and will have to morrow 52300 l. more ready for them which is all the Arrear that is due to them Serjeant Wild Reports the remaining part of the impeachment of the Bishops concerning the New Canons which being read and assented to was immediately engrossed and by him sent up to the Lords where he delivered it in this manner at the Bar of the Lords House My Lords THe Knights The Impeachment of the Bishops for the New Canons Oath Aug. 4. 1641. Citizens and Burgesses of the Commons House of Parliament being sensible of the great infelicities and troubles which the Common-wealth hath sustained by the exorbitant courses of the Bishops and knowing well that the Wise man saith That if Sentence be not speedily executed against an evil Work the Hearts of the Sons of Men are set upon further mischief The timely redress whereof doth better become the Wisdom of Parliament then a too late woful repentance have commanded me to represent unto your Lordships That Walter Bishop of Winchester Robert Bishop of Coventrey and Lichfield Godrey Bishop of Gloucester Joseph Bishop of Exceter John Bishop of Asaph William Bishop of Bath and Wells George Bishop of Hereford Matthew Bishop of Ely William Bishop of Bangor Robert Bishop of Bristol John Bishop of Rochester John Bishop of Peterborough Morgan Bishop of Landaff together with William Arch-Bishop of Canterbury and others of the Clergy of that Province at a Convocation or Synod for the same Province begun at London in the year 1640 did contrive make and promulge several Constitutions and Canons Ecclesiastical containing in them divers matters contrary to the Kings Prerogative To the Fundamental Laws and Statutes of the Realm To the Rights of Parliament To the Propriety and Liberty of the Subjects and matters tending to Sedition and of dangerous consequence And to add the more weight and efficacy to this their monstrous design They did at the same Synod under a Specious and fair Title grant a Benevolence or Contribution to His Majesty to be paid by the Clergy of that Province contrary to Law It rested not there for though this had been enough to have affrighted and terrified the Kings People with strange apprehensions and fears yet that these might not seem to be contrivances of the Brain or Fancies only they were put in execution and were executed upon divers with animosity and rigour to the great oppression of the Clergy of this Realm and other His Majesties Subjects and in contempt of the King and of the Law Whether these Persons my Lords that are culpable of these offences shall be thought fit to have an Interest in the Legislative power your Lordships wisdom and justice is able to judg But for these matters and things the Knights Citizens and Burgesses of the Commons House in Parliament in the name of themselves and of all the Commons of England do Impeach the said Bishops before named of the Crime
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
three went immediately to the Lord Mandevilles Lodging where being set together the Lord Lowdon begun with very severe Expostulations charging the Earls of Bedford Essex and Warwick the Lord Viscount Say and Seal the Lord Brook Savile and himself with the highest breach of their Promises and Engagements professing that they had never invaded England but upon confidence of their keeping Faith with them according to those Articles which they had Signed and sent unto them When this Narrative was made by the Lord Lowdon and confirmed by Sir Archibald Johnston the Lord Mandeville stood amazed and protested with clear and solemn Asseverations that he was a Stranger and altogether ignorant of any such Designs Articles or Ingagement and he was very confident that he might affirm the like in the behalf of the rest of those Lords whom they thus charged with breach of Promise but this Denial was no way Satisfactory unto them but was taken as a disingenuous Denial and the Lord Lowdon urged it as an Act of great Ingratitude towards them that had hazzarded all that was dear unto them upon the pressing Perswasions and solemn Ingagements of those Lords and they told the Lord Mandeville that the Lord Saville had first treated with the Lord Lowdon when he was Prisoner in the Tower in the Names of a considerable Part of the Nobility and Gentry of England and that after he was released and had been some few Weeks in Scotland the Lord Saville sent the Articles of Agreement subscribed by those Lords into Scotland by Mr. Henry Darley and they did not doubt but the Lord Saville would avow all this to be true The Lord Mandeville willingly accepted of the Lord Savilles Testimony of the Truth of their Assertions and desired they might meet the next day with the Lord Saville but that in the Interim he might not know what had now passed between them which they promised and the next day they all met and when the Lord Lowdon had made his Narrative and urged his former Charge he in the presence of the Lord Mandeville with a surprized Countenance and other Expressions of Guilt confessed the Truth acknowledging that he had never acquainted any of those Lords with the least particular of the Design or of the Articles of Engagement and that he had counterfeited their Hands in subscribing their Names to the Declaration and Engagement which was sent into Scotland some Apologies he did offer as that he found the backwardness of the Covenanters to be such that they would not hazard a coming into England until they had a full Engagement from Persons of greater Interest in England then himself He began to consider what Persons of Honor were in greatest Esteem with the Covenanters and his Thoughts were fixed on these Lords yet knowing it impossible to gain them to consort with him in so Traiterous a Design he found it necessary to act in a way of Falshood rather then lose the advantage of so hopeful a Design He further added That since by the Providence of God the Success of their Enterprize had been so far above their Expectations thô few but himself knew of the Design at first yet he did believe now that the best part of England Providence intituled to the hopeful Success of Rebellion and sure a hopeful Reformation was like to succeed such a beginning did hope to find an happy Opportunity for the Redress of the Publick Grievances of both Kingdoms by the coming of the Army into England therefore he desired them to silence all Discourses tending either to the dislike or discovery of the Treachery or Falsness of his Design and that they would Act vigorously and unanimously in Order to the Advantage of both Kingdoms This was owned by the Lord Lowdon and Sir Archibald Johnston to be a just and a full clearing of the Honor and Honesty of those Lords whose Names had been subscribed but it made in them a deep Impression of that Lords falseness Proditionem amo Proditorem odi which shewed it self at that time by some sharp Reprehensions yet in such a conjuncture of their Affairs and ours they thought it not prudent to shew so great dissatisfaction as might give the Lord Saville a total Rejection therefore they concluded their Conference with this Assurance to the Lord Mandeville that they would give a true account of the Carriage of this Business to the Committees of Parliament then residing at New-Castle that so those Lords might be righted in their Honors and Faith which had received a blemish by the boldness and Treachery of the Lord Saville The Lord Mandeville then made these Requests unto them Had the King been acquainted with it as he ought in probability it might have conduced much to the good of the Nation First that he might acquaint some of the Lords which were equally concerned with himself And that the Declaration and Engagement under their feigned Names might be delivered to them The first was granted the second was promised and after a few Daies they received the Engagement from New-Castle and did in the Presence of the Lord Mandeville cut out all the Names and burnt them but they would not deliver the Declaration and Ingagement it self And in another Place speaking of this Affair he tells us that the Scots laboured under such Difficulties and Dangers by the failing of these Supplies which they expected from their supposed Confederates as that they had in their Thoughts to Retreat with their Army near to the Borders of their own County and to cast themselves upon his Majesties Grace and Favor by an Humble Petition and Remonstrance setting forth to him and the whole World the Invitation and Agreement which was delivered to them from some Lords in the behalf as they conceived of themselves and others in England who were cordially Affected to the True reformed Protestant Religion and the Publick Rights and Liberties of the Nation Thus far he by which it is evident that though the Scots were not in reality Invited into England by those Lords who favoured their Designs yet being come they were made Welcome and the Reformers closed in with them to bring about their intended Work of Reformation This Day the Lord Capell was with the usual Solemnity Saturday August 7. The L. Capel introducted introducted into the House of Lords his Writ bearing Date August 6.17 Car. Reg. A Message was brought from the Commons about disbanding and to move His Majesty for a Proclamation for the more peaceable Effecting of it Whereupon the Two Houses Petitioned his Majesty concerning it The Kings Answer to the desire of both Houses about disbanding the Horse to which He returned this Answer His Majesty hath ever since this Parliament taken the Advice of His Parliament concerning the Army therefore he gives his Consent concerning the Disbanding of the Horse and that He hath given Order that His Attorney shall issue out such a Proclamation as is desired And His Majesty doth
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
Scottish Commissioners in a free and friendly manner to declare to them whether they have lately received any Instructions from the Parliament of Scotland to press His Majesty's present Repair thither in Person at the Parliament the 17th day of this present August Hereupon the Earl of Warwick Viscount Say and Seal Lord Wharton Lord Kimbolton and Lord Savile were appointed presently to go to the Scots Commissioners and desire from both Houses their Answer hereunto in writing The Lord Keeper reported That he had delivered the Reasons to the King in the name of both Houses concerning the staying of His Majesties Journey into Scotland for 14 days and his Majesty returns this Answer That the importance of your desires would require some time of deliberation The Kings Answer to the 4 Reasons for staying his Journey if the urgent Necessity of the business did not press the contrary and His Majesty said the same Necessity teacheth him to Answer the Necessity is two fold 1. The first and chiefest his Publick Faith given to his Kingdom to be present at the Parliament and His Majesty said That never any Prince was more strictly bound in Honour to perform any thing then he was to do this 2. The Vrgency of His Majesties Affairs there which indeed he said were very great To comply with both which he can stay no longer then Tuesday and so long he thought fit to stay that the Gentlemen of the House of Commons may so hasten the Scottish Treaty that he may give his Royal Assent thereunto some time to morrow for otherwise His Majesty shall be forced to pass it by that Commission which he leaves behind him but the earnest desire his Majesty hath of passing this Important Bill personally makes him stay thus long which he knows will be inconvenient unto him To conclude His Majesty desires your Lordships to remember That upon yoâ—r desires he hath already stayed one Month and that you by Publick Promises are engaged not to urge his stay longer then to morrow therefore remembring all engagements His Majesty expects that you press him no more in this for His Majesty said indeed he must go and for the Government of the Kingdom he hopes he shall leave behind him such Commissions as will serve especially since the Parliament is Sitting The Lord Brook was sent to find out the Scottish Commissioners and to desire them to expedite their Answer who presently returning brought it in writing which was read in these words AS we are very sensible of the great Care the Houses of Parliament have to keep a good Correspondency betwixt the two Nations Scottish Commishoners Answer to the 4 Reasons for the Rings stay and the Sense they have of the manifold Inconveniences which Scotland doth sustain by their frequent Meeting and Adjourning of the Parliament so we know nothing can more conduce for conserving that Correspondency and for removing these manifold prejudices we sustain through the frequent Prorogation of our Parliament then that the Treaty of Peace which by the blessing of God and His Majesties and the Parliaments Wisdom is now brought to a close may as a Sovereign Remedy of the great Evils which troubles both Kingdoms without further delay be Enacted here for the Peace and safety of both Kingdoms that the same may with all speed be Ratified in the Parliament of Scotland His Majesty hath by several Letters promised to hold the Parliament of Scotland in his own Royal Person and hath intimated the same by Publick Proclamation to all his Subjects there and although His Majesty by his Royal Letter of the 18th of May was obliged to have holden the Parliament of Scotland upon the 15th of July last in his own Royal Person or if any unexpected Occasion should happen to detain him that he would appoint a Commissioner for holding thereof at the day aforesaid to do every thing which might conduce to the Establishing of the True Religion Laws and Liberties of their Kingdom Yet such is the Affection and Respect of the Parliament of Scotland to the Parliament of England as notwithstanding their many pressing Difficulties they have condescended that his Majesty stay his Journey into Scotland until the 10th of August in respect that the Parliament of England did Assent to His Majesties going at that time which the Parliament of Scotland doth expect without any surther delay What may be the Condition or Importment of Affairs here or what Reason the Parliament hath which moveth them to Petition His Majesties stay is not proper for us we will therefore forbear to shew our selves beyond our Line but do remit the Consideration of this to the King and the Parliaments Wisdom And finally where it is desired by the Houses that we would in a friendly and free manner declare unto them whether we have lately received any Instructions from the Parliament of Scotland to press His Majesties repair thither in Person we do conceive that His Majesties former Promises of going thither in his own Person upon the 10th of August and the Assent of both Houses to his Journey and the Resolution of the Parliament of Scotland to prepare their business till the 17th of August and after that time that they will conclude and pass such Acts as they conceive necessary for the good of the Kingdom a sufficient Instruction for us both to press and expect His Majesties going against that time and the pressing necessity of the Affairs of that Kingdom as such cannot without danger of irreparable loss suffer longer delay This being read it was Communicated at a Conference to the House of Commons After a long Tugg the Commons finding the King resolute to pursue his Journey and the Lords unwilling to press His Majesty any further in the Matter they resolved to expedite matters so as if possible to settle them before His Majesty goes But lest this Sitting upon the Lords Day which the Presbyterians idolized even to down-right Judaism many of them thinking it unlawful even to dress Provision for their Families on that day should scandalize them the Commons were resolved to do something in Vindication of this so unusual a Sitting and to give the Nation the Reasons for it which Mr. Pym did in haec verba WHereas both Houses of Parliament found it fit to Sit in Parliament upon the 8th of August being the Lords Day The Reasons of the Sitting of the Parliament on the Lords Day for many urgent and unexpected Occasions concerning the Safety of the Kingdom and being so straitned in time by reason of his Majesties Resolution to begin his Journey towards Scotland on Monday following early in the morning it was not possible so to settle and order the Affairs of the Kingdom either for the Government thereof in the King's Absence or for the present Safety as was requisite upon these pressing Necessities though the Houses thought it necessary to Sit yet the Lords and Commons Assembled in Parliament think it meet to declare
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
Mr. D'avenant was before Col. Goring went to Portsmouth Whensoever Sir John Suckling spake with him concerning any particular Intimations to the Army though Mr. D'avenant was then present he whispered yet he spake some Generals openly That the French would assist That the Clergy would maintain 1000 Horse That part of the Commons House was much distasted with the Letter that came from the Army The only Proposition was to know their Inclinations for their accepting Col. Goring for their Lieutenant General Mr. Wilmot Mr. Ashburnham and Mr. Pollard told him That the House of Commons had real Intentions towards the Army and that they should have Martial Law if it would stand with the Conveniency of the Common-wealth and this they spake with much Earnestness Sergeant Major Willis told him upon the Way That the Clergy would furnish a Thousand Horse Saturday August 14. A Letter was Ordered to be sent to the Lord General about the Affairs of the Army which was as followeth May it Please your Excellency Letter to L. General from the Lords about the Scots marching by Barwick THe Treaty of Pacification between the Two Kingdoms of England and Scotland being come to a Happy and Peaceable Conclusion and a Day prefixed for the Scottish Army to March over the Tweed for the more Expedition thereof the Scottish Commissioners have made their Request to the Parliament that they might be permitted to pass with their Army Munition and Artillery over Barwick Bridge To which desire both Houses of Parliament have consented to be in such sort as shall be agreed and settled there by the General and Governor of Barwick Wherefore the Lords have commanded me to recommend the Manner and Way thereof to your Excellency's Care and Judgment not doubting but your Excellency will give such Directions to the Governor of Barwick both for the number of Soldiers that shall March in a Company together as also how to preserve his Majesties Ordinance and Munitions there and secure the safety of the said Town And so I humbly remain Your Excellency's Servant to Command John Banks Speaker of the Lords House A Complaint having Yesterday been made by the House of Commons that the Capuchin Friers in Denmark House Capuchin Friers at Denmark House to keep in were very active in Preverting the Kings Subjects from the True Religion the Earl of Dorset was Ordered to attend the Queen and move her Majesty from this House in it and humbly to desire her Majesty That the said Friers may be kept in and not suffered to go abroad to pervert the People and draw them to be reconciled to the Church of Rome And further That the Earl of Dorset do send for the Chief of the Capauhins and give him warning that he obey this Command Upon reading the Petitions of the Lord Major of London Order about L. Major and Citizens for a Reference and the six Persons chosen by the Commonalty of the said City It is Ordered That both sides shall give Copies to each other of their Petitions and attend the Lords Committees appointed to compose the Differences between them on Munday next in the Afternoon at Two of the Clock in the Painted Chamber A Message was brought from the House of Commons by Mr. Message that a convenient number of Lords may stay in Town Hotham to desire That a convenient number of Lords may be kept together in this House until the Armies be disbanded and the necessary Defence of the Kingdom settled The Answer hereunto was That their Lordships will take Care as is desired WHereas this House hath been Informed That Thomas Bushell Esq Undertaker of His Majesties Mines Royal in the County of Cardigan by his great Charge and Industry in cutting Additts hath gained His Majesties old drowned and forsaken Works of Talabant The Order of the House of Lords about Mines Royal in Wales Aug. 14. 1641. and other Works and made new Discoveries of Royal Mines there which are already very Considerable And whereas divers Persons of Quality encouraged by His Majesties Letters to them directed do intend to adventure great Summs of Money in the said Work which in time if well incouraged may prove of great consequence both for Honor and Profit to His Majesty and this Kingdom And whereas also it appeareth unto this House by divers Affidavits and Certificates of Credit that some Persons ill affected to these Honourable and Publick Services who in time may receive deserved Punishment have disturbed the possession of the said Thomas Bushell in some of His Majesties Mines Royal and Edifices appertaining to the Royal Work and have plucked up divers Pumps cast in the Rubbish and drowned and so much as in them did lie destroyed the said Works so as it hath been a labour of 4 Years Night and Day to recover the same and that the said Thomas Bushell hath been disturbed in the getting of Turf and Peate for the Service of His Majesties Works being an invention of his own very commendable and commodious for the preserving of Wood which hath been heretofore by the former Undertakers much wasted in those Parts Now for the Remedy of such mischiefs and that the said Thomas Bushell and his Assigns and such Persons as are or shall be Undertakers and Adventurers with him in the said Service may receive a due encouragement and assistance in these chargeable Undertakings It is Ordered by the Lords in the upper House of Parliament now Assembled That the Speaker of this House in the Name and by the Authority of the same shall direct his Letters unto the Judges of Assizes and Justices of the Peace of the said County of Cardigan requiring them that they do in all Lawful things endeavour to advance and encourage the said Service in His Majesties Royal Mines and assist the said Thomas Bushell and other Undertakers in all things so far as Lawfully they may for the continuance of his Lawful Possession and the quiet and peaceable Working of the said Mines until he shall be ejected by due Course of Law as also for getting and working of Turf or Peate according to his Legal Right upon His Majesties Wasts and other places Lawful and all other Lawful accommodations of necessary passages and other Legal things which may any ways advance His Majesties Service in the said Royal Mines Commissioners to attend the King in Scotland It was this day Ordered by the Commons That two Members only of this House shall go Commissioners into Scotland with the Earl of Bedford and Mr. Hambden and Sir Philip Stapleton to be the Persons A Committee was also appointed to draw Instructions for them Petition against the Minister of St. Ann's Aldersgate A Petition was read against the Minister of St. Anns Church near Aldersgate for speaking Words against the Parliament for so they called the House of Commons saying It would not last alwayes but they would hereafter be questioned for some things they have done
present Month Letter to the Lord General for the Scots to March over Barwick Bridge concerning the Passage of the Scots over Barwick Bridge and have acquainted the Lords with the same they have Commanded me to signifie unto your Lordship That since it is a Resolution taken by both Houses and consented to by them they see no Cause to alter it or to give an Occasion to the Scots to hinder their March as is agreed and concluded on by the Treaty here and therefore they adhere to their first Order to your Lordship for their Passage over Barwick Bridge and do require your Lordship to obey the Order of the Houses only for the Manner and Onder they recommend it to your Lordships Care and Directions that it may be speedy and with Safety God have your Lordship in his Keeping Your c. His Majesty was now Safely Arrived in Scotland Monday Aug. 19. purposing with all Application imaginable to Settle and Quiet the Minds of his Subjects of that Kingdom in hopes that it might conduce very much to the Composure of the Affairs of England and for this purpose at his first appearance in the Parliament of Scotland being Thursday August 19th he made this following Speech My Lords and Gentlemen THere hath nothing been so displeasing to Me as those Vnlucky Differences which have happened between Me and My People His Majesties Speech to the Parliament of Scotland Aug. 19. 1641. and nothing that I have more desired than to see this Day wherein I hope not only to settle these Vnhappy Mistakings but rightly to know and to be known of My Native Countrey I need not tell you for I think it is well known to most what Difficulties I have passed through and overcome to be here at this present Yet this I will say If Love to My Native Countrey had not been a chief Motive to this Journey other respects might easily have found a shift to do that by a Commission which I am come to perform My Self And this considered I cannot doubt of such real Testimonies of your Affections for the maintenance of that Royal Power which I enjoy after an Hundred and eight Descents and which you have professed to maintain and to which your own National Oath doth oblige you that I shall not think any Pains ill bestowed Now the End of My Coming is shortly this to perfect whatsoever I have promised and withal to quiet the Distractions which have and may fall out amongst you And this I mind not superficially but fully and chearfully to perform For I assure you That I can do nothing with more chearfulness then to give My People a general Satisfaction Wherefore not offering to Endear My Self unto you in Words which indeed is not My way I desire in the first place to Settle that which concerns the Religion and Just Liberties of this My Native Countrey before I proceed to any other Act. Information of Arms in the Marquess of Winton's House at Basing-Stoke In the House of Commons one Mr. Sewer did this day give Information that he did see on Monday was seven-Night a great many Arms in the Marquiss of Winchester's House at Basingstoke a Recusant and that the Keepers of them told him there were Arms for a thousand five hundred Men. One Welsh an Irish Priest was ordered to be sent for and if he refused to come to be taken into Custody by the Serjeant It was also Ordered Order about disbanding That Mr. Arthur Goodwin Mr. Hotham and Sir Henry Anderson shall go into the North about disbanding the Army to whom Mr. Scowen was afterwards added by a Vote of the House The Copy of the Commission to be sent for his Majesty to Sign for the Commissioners to impower them to go into and Act in Scotland was also read which was as follows Commission for the Commissioners that are to go to Scotland CHARLES by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. To Our Trusty and right well Beloved William Earl of Bedford and to Our trusty and right well Beloved Edward Lord Howard and also to Our trusty and well Beloved Nathaniel Fiennes Esquire Sir William Armyn Baronet Sir Ph ilip Stapleton Knight and John Hambden Esquire Greeting Know Ye that We reposing special Trust and Confidence in your approved Fidelity Wisdom and Discretions have Nominated and Appointed you to be Our Commissioners and by these said Presents give unto you or any three or more of you full Power and Authority to go into Our Kingdom of Scotland and there to Treat Confer and Concluds with such of Our Commissioners as shall be Named and Authorized in Our Parliament of Scotland according to the Instructions hereunto Annered And you or any three or more of you are likewise to Observe and Pursue all such further Instructions as you or any three or more of you as aforesaid shall from time to time receive from the Lords and Commons Assembled in Our Parliament of England with Our Consent and Approbation Signified under Our Royal Hand In Witness c. The House took into Consideration the Case of Mr. Votes about Mr. Cooper suspended by Dr. Rone and Sir John Lamb. Cooper Rector of Alton in Com. Huntington and it was Resolved c. That the Suspension of Mr. Cooper Rector of Alton in Com. Huntington for not reading the Book of Recreations is illegal Resolved c. That Doctor Rone and Sir John Lamb ought to give him Reparation for his Damages sustained and that his Suspension be taken off Post Meridiem Mr. Pym Reports the Order agreed upon by both Houses for the Disbanding in haec verba WHereas it was Ordered by the Lords and Commons in Parliament August 7. 1641. Order of both Houses for disbanding the Army That the Horse Troops of the King's Army be forthwith Disbanded whereunto his Majesty gave his Corsent and signified his gracious Pleasure to have it effected accordingly all which was certified to the Earl of Holland General of his Majesties Army by two several Letters from the Speakers of both Houses respectively and withal a Copy of the same sent unto him We understand by a Letter from the Lord General that none of the Horse are yet disbanded nor intended to be disbanded until the 24th of this Month and that it is propounded that some of the Foot shall then be disbanded before the rest of the Horse now both the Houses of Parliament expecting that this Order should have been performed accordingly do hereby expresly Order that the Lord General all further Delays and Excuses set apart shall forthwith disband all the Horse Troops of the Army before any of the Foot and commanded them and all the Officers of the said Horse Troops to depart from the Army which they do hereby declare to be a Matter of great Importance to the good of the Common-Wealth and therefore they do expect a quick and ready Obedience thereunto
as well by the Lord General as by all other Commanders Officers and Soldiers of the Army whereof they expect a strict and speedy Account After which Mr. Pym and Sir John Culpeper were Ordered to draw a Letter to be sent to the Lord General and Mr. Rushworth Clerk Assistant of the House of Commons to ride Post with it and the House will take it into Consideration to requite him for his Pains and Charges This Day Sir William Bringhurst Mr. Wilson Mr. Broadgate Mr. Friday August 20. Diverse Persons Bailed The first Ordinance of the Lords and and Commons about Commissioners to go to Scotland Slany Mr. Gardner and Mr. Inego Jones were Ordered to be Bailed and 10000 l. for the Principals and 5000 l. for each of the Sureties The Ordinance of the Lords and Commons for the Commissioners for Scotland was read in the Commons House in these Words THe Lords and Commons in this present Parliament Assembled do hereby Order and Appoint William Earl of Bedford Edward Lord Howard two of the Peers of the Lords House Nathanel Fiennes Esquire Sir William Armyn Baronet Sir Philip Stapleton Knight and John Hambden Esquire Members of the House of Commons to be Committees for both Houses of Parliament to attend the Kings Majesty during his Absence in the Kingdom of Scotland and do hereby Authorize them or any three or more of them from time to time to present to his Most Excellent Majesty the humble desires Counsel and Advice of his Majesties most Loyal Subjects the Lords and Commons in Parliament according to such Instructions and Directions as are hereunto annexed or shall at any time hereafter be sent unto them by the Order and Consent of both Houses The Commissioners Instructions I. Instructions for the Commissioners for Scotland YOV shall humbly desire his Majesty That the Treaty agreed upon between the Commissioners of England and Scotland confirmed and ratified in this present Parliament may likewise be confirmed and ratified in the Parliament in Scotland II. You shall present to his Majesty the just Demands of any of his Loyal Subjests of England concerning a due Satisfaction to be made of all Debts due to them for Mony Arms or Provisions taken up by the Scottish Army III. If you shall understand that the Army of Scotland is not returned back or the Army of England not disbanded according to the Articles of the Treaty and Order of Parliament you shall be very instant and earnest in Petitioning his Majesty that all Obstacles and Impediments taken away the Kingdom may be freed from that great Charge this might have been done with half the Charges if the E. Strafford's Advice had been taken and those Mischiefs under which it groans by reason of those Armies IV. You shall by all fit ways of Petition and Intercession to his Majesty further and preserve the Peace and good Correspondency betwixt the two Kingdoms of England and Scotland V. You shall from time to time Certifie both Houses of Parliament of such Accidents and Occurrences as may concern the good of the Kingdom Which Ordinance and Instructions were agreed to by the Lords at a Conference this Day The great Obstacle to the disbanding the Army Mony Ordered disbanding the Army though it filled the Heads of the Party with Fears and Jealousies which from them was diffused through the whole Nation was perfectly the want of Money and not such Designs of dangerous Consequence as were pretended to amuse the People this they well knew and therefore Ordered thirty thousand Pound to be sent down to Pay and Disband the Army A Message was brought from her Majesty to the House The Qs. Answer to the Commons about the Commissioners carrying any Message to the King Order about the L. Major and Commonalty of London about the choice of one Sheriff That her Majesty returns her Thanks for the Respects of this House but She hath lately sent to His Majesty and hath nothing at this time to write This Morning the Lord Privy Seal Reported That the Lords Committees meet Yesterday to see if they could Mediate and Compose the Differences between the Lord Mayor of London and the Commonalty touching the Election of one Sheriff but they could have no success in it and so left it to the Consideration of this House Hereupon the Lord Viscount Say and Seal and the Lord Bishop of Lincoln were appointed to withdraw and consider of an Order for setling the Election of the Sheriff pro hac vicê with a Salvo on both Parts which Order is to be entred in the Books of the Chamber of London the Order was in these Words IN the Cause depending between the Commons and Citizens and the Lord Major of the City of London about the Nominating and Electing of one of the Sheriffs of the said City for this Year ensueing their Lordships taking it into their Consideration that the Election should have been dispatched upon Mid-Summer day last past and finding that upon Omission of performing the Election as upon that Day Devolutions have ensued pro tali vicé to the Commonalty of London do Order that for this time the said Commonalty shall forthwith proceed to the Nomination and Election of both their Sheriffs for the Year following hoping that for the first of the two Sheriffs they will make choice of that Party that was Nominated by the Lord Major and their Lordships do further declare That this Order shall be no way prejudicial to any Right and Prerogative claimed by the Lords the Majors of the City of London for the time being nor yet to any Right or Claim made by the Commons or Citizens in this matter now in Question amongst them It was also Ordered That those Lords that are to go into Scotland with some of the Members of the House of Commons shall go to the Lord General in their Passage The Commissioners for Scotland to quicken the Disbanding Order to stop proceedings upon the Conviction of the Lady Wotton a Recusant to desire that the Order of both Houses may be put into speedy Execution for the disbanding of the Horse and they are to give an Account of the Lord Generals Answer Upon signification this day made unto the Lords House that an Indictment and Conviction in London against the Lady Margaret Wotton for Recusancy is returned into the Treasurers and Remembrancers Office of the Court of Exchequer and the Pipe contrary to former Orders of this House in that behalf and against the Priviledges of the same It is Ordered That no further Proceedings shall from henceforth be had in the said Treasurers Remembrancers or Pipe Offices against the said Lady upon the said Conviction nor any Process shall be thence made or issue thereupon until this House shall give further Order in this Matter Upon a former Information to the Commons by one Sewer Saturday August 21. Disarming of Recusants that he had seen a great quantity of Arms in the Marquiss
That there should be some publick Notice given of the Day appointed for publick Thanksgiving for the Pacification being the seventh of September and a Declaration for this purpose being framed and read was carried up to the Lords for their Concurrence which they readily gave the Order was as follows An Ordinance of Parliament for a Day of Publick Thansgiving for the Peace Concluded between England and Scotland WHereas it hath pleased Almighty God to give a happy close to the Treaty of Peace The Ordinance of Parliament for the Thanksgiving for the Pacification Aug. 27 1641. between the two Nations of England and Scotland by his wise Providence defeating the evil hopes of the subtil Adversaries of both Kingdoms For which great Mercy it was by the Kings Most Excellent Majesty the Lords and Commons in this present Parliament Enacted That there should be a publick Thanksgiving in all the Parish Churches of his Majesties Dominions It is now ordained and declared by the Lords and Commons in Parliament that the time for the Celebration of that Publick Thanks to Almighty God for so great and publick a Blessing shall be on Tuesday the seventh of September next by Prayers Reading and Preaching of the Word in all Churches and Chappels of this Realm whereof We require a Careful and due Observance That we may joyn in giving Thanks as we partake of the Blessing with Our Brethren in Scotland who have designed the same Day for that Duty Die Veneris 27. die Augusti 1641. Ordered by the Lords in Parliament that the abovesaid Ordinance be Printed God save the KING There was also a Conference with the Lords about the adjournment or Recess of the Parliament for some time Conference about the Recess of the Parliament the Lords liked the time of the Adjournment which was to be the ninth of September but desired the Adjournment might be till the first of November but the Commons who had before voted in their House that it should continue only till the 20th of October were resolute as indeed generally they were to yield little to the Lords not to depart from their former Vote and therefore returning from the Conference upon the Debate it was Resolved upon the Question That this House shall insist upon the former Day of Return to be the 20 of October And the Reasons which were presented to the Lords were 1 The Nature of the Causes which are depending in both Houses some whereof being for High Treasons and the Impeachment of the Judges the Inception of which Businesses they desire may be before the next Term. 2 The time of Payments of Monies promised to the City of York falls out to be before the first of November therefore they desire their Lordships would joyn with them to have the Recess only till the 20th of October next To which the Lords condescended provided there fall out no emergent Occasion between this and Wednesday come seven Night Ordered That the Lords be kept together until the Recess A Petition having been presented to the Lords by Sir George Radcliff A Petition of Sir George Radcliff and a Letter to the Lords Chief Justices in Ireland upon it Aug. 27. 1641. complaining that he being seized in Fee of some Lands in Ireland is dispossessed of the same in respect of the Impeachment of Treason against him here by means whereof he hath not received any thing out of his Estate in Ireland for about six Months last and so had wanted Bread if he had not been supplied by the Charity of some Friends He therefore humbly prays that he may be restored to his said Estate and be Enabled by Order of this House to demand his Rents there due unto him whereby he may be able to sustain himself and his Family from want Hereupon the Lord Privy Seal the Lord Bishop of Lincoln and the Lord Wharton were Ordered to draw up a Letter to be sent to the two Chief Justices in Ireland to desire them to prevent by what Legal way they can the Estate of the said Sir George Radcliff from Ruine whereby he may have Maintenance to sustain him The Tenor of which was this AFter my very heartiest Commendations c. unto your Lordships I am to give your Lordships to understand from the Right Honorable the Peers Assembled in Parliament That their Lordships having taken the Petition of Sir George Radcliff into their Mature Consideration a Copy whereof your Lordships shall receive herewith inclosed they do not as yet apprehend any Reason why the Petitioners Estate upon an Impeachment only should be so sequestred and the Lands and Leases so entred upon and invaded as that he should have no Means left him for his Maintenance and other Necessaries during the time of his Imprisonment But because your Lordships to whom his Most Excellent Majesty hath committed the Justice and Government of the Kingdom may know more of these Particulars by reason of your being upon the Place where these Debts Goods and Estates have had their Existence My good Lords the Peers of this House do recommend the Care of this Business unto your Lordships to aid the Petitioners Agents in this kind by all the Ways of Justice and Equity to recover such Debts Rents and other Profits as by Law and Justice remain due to Sir George Radcliff for his Maintenance and Necessary Vses until some further Act or Acts of Law and Justice shall otherwise direct and dispose of the said Premises And so I bid your Lordships heartily Farewell Your loving Friend E. Littleton C. S. To the Right Honorable my very good Lords Sir W. Parsous and Sir J. Borlase his Majesties High Justices for the Kingdom of Ireland The Request of the Spanish and French Ambassadors to have Liberty to entertain such of the disbanded Troops both in England and Ireland as they can agree with was this day Debated in the House of Commons upon which Occasion Sir Benjamin Rudyard made this following Speech Mr. Speaker THis is a business of great Consequence Sir Benjamin Rudyard's Speech against suffering the Spaniards or French to have the disbanded Soldiers Aug. 28. 1641. and therefore requires a well advised Resolution I will put France and Spain together take them both before me because the Reasons will serve the one and the other as they stand in Relation to us We are Mr Speaker so bounded by the nature of our Situation as we are not so proper to extend our selves upon the firm Land of our Neighbours Our Aptitude is rather to Ballance which being rightly used may make the King the great Arbiter of all the Affairs of Christendom by assisting withholding or opposing Henry the Eighth is an example of this King Henry gave upon this account this Motto Cui adhaereo praeest He was sometimes of the side of the Emperor other times of the French Party according as he saw either sides of the Scales to weigh heavier or higher some might think this to be
who invaded England faithful and Loyal Subjects in all Churches and Chappels upon the Thanksgiving Day between the Kingdoms of England and Scotland it was desired by the Commissioners of Scotland that the Loyalty and Faithfulness of his Majesties Subjects might be made known at the time of the Publick Thanksgiving in all Places and particularly in all Parish Churches of his Majesties Dominions which Request was graciously condescended unto by his Majesty and confirmed by the aforesaid Act. It is now Ordered and Commanded by both Houses of Parliament that the same be effectually done in all Parish Churches throughout this Kingdom upon Tuesday the 7th day of September next coming at the time of Publick Thanksgiving by the several and respective Ministers of each Parish Church or by their Curates who are hereby required to read this present Order in the Church Thus did they resolve not only to conquer but to triumph and this was also to be a little kind of Shibboleth for the Clergy for who ever did either speak any thing against the Scots or declined this Declaration of their Loyalty and Fidelity to the King which it was very difficult for Men of sense to believe and therefore more hard for Men of Conscience to declare were certain to be esteemed Malignants and upon the least Complaint were sure to be sent for in the Custody as Delinquents It was also Ordered That Mr. Marshal and Dr. Marshal and Burgess to preach before the Commons upon the Thanksgiving Day A Petition of some Merchants to seize some Parts of America Burgess be desired to Preach before the House of Commons upon the Thanks-Giving Day at St. Margarets Church in Westminster A Petition was presented to the House by several Merchants about the Town consisting principally of three Heads 1 That there might be a certain number of Ships well appointed and stored with Ammunition and Provision for such a Service to be sent to America and some Part to Affrica whereby we might possess our Selves with the Riches of those Countries 2 That the Spanish Party is now grown weak which may induce us with greater alacrity to attempt it 3 That we may thereby become possessed of the Command of both the North and South Seas which will both increase Commerce Shipping Sea-Men and Trade at Home and render us Formidable and Powerful Abroad The Lord Keeper signified to the House that he had received a Letter from the King at Edenburgh by Mr. Anthony Nichols who was the Express sent from both Houses to His Majesty in Scotland The Letter was read in haec verba RIght Trusty and well Beloved We greet you well Whereas We have understood by the Petition of both Houses of Our Parliament in England The King's Letter to the L. Keeper about the Commission to the Committees of both Houses which Anthony Nichols Esquire hath been imployed to Vs from them that they are resolved to send down certain of their Members for to see the Ratification of the Treaty of Pacification by the Parliament here and to that end have desired a Commission under Our Great Seal We do not hold necessary to sign any such Commission but are hereby graciously pleased to give leave to the said Members to come and attend Vs here in Scotland to see the Ratification of the said Treaty and what else belongs thereunto and this We require you to signifie unto both Houses from Vs Given under Our Signet at Our Court of Edenburgh and the 25th Day of August in the 17 Year of Our Reign Such was the Ungovernable Insolence of the Rabble of those who called themselves the Well-Affected Party by their having been indulged because not severely Punished in the Case of the Earl of Strafford that upon every Occasion like a Fire ill quenched they broke out into Disorder and Outrages which was the Occasion of this following Order of the Lords UPon Information this Day to this House An Order of the Lords about the Tumults concerning the French Ambassador Aug. 30. 1641. that the French Ambassador and his Servants hath been lately Assaulted in his own House by a Company of Rude and Insolent People unto the great Dishonor of Our Nation and to his Lordships insufferable Wrong Injury and Dishonor whereof this House is very sensible and do intend that all possible Diligence be used for the finding out of the Malefactors for the Punishment of them to the Example and Terror of others that none may presume hereafter to commit the like Outrages to any Ambassadors of whom this House will always take regard It is therefore thought fit and Ordered by this House That Mr. Hooker Mr. Long Mr. Whittacre and Mr. Shepheard his Majesties Justices of the Peace or any two or more of them shall speedily take this Business into their Examination and by all Dilligence that may be used find out the said Malefactors and to Imprison them until they find out Sureties for their good Behavior and to appear in this House on Monday the 6th of September 1641. to undergo such Punishment as their Lordships shall think fit to inflict upon them for their said Offences and Misdemeanors so committed as aforesaid And that the said Justices of the Peace having throughly examined the Business shall make Certificate unto this House on the said sixth day of September next of all the whole Matter and how they find it that thereby their Lordships may proceed therein according to that which shall be Just And lastly That the aforesaid Justices shall give Order That there shall be Watch set according to Law for the better securing the Safety of the Ambassador and his House and for preventing Disorderly and Tumultuous Assemblies Ordered That the Lord Great Chamberlain Lord Chamberlain Earl Warwick Lord Kymbolton do acquaint the French Ambassador from this House that their Lordships have taken this Business into Consideration The House of Commons also took the Case of Sir John Corbet into debate whe for saying at a Quarter Sessions in the County of Salop That the Muster Masters Wages throughout England were illegal and against the Petition of Right c. had been Imprisoned and Fined by the High Commission Court and it was Ordered That the late Lord Keeper Coventry the Archbishop of Canterbury and others who were the Occasions of it shall make him Reparations for his Sufferings and Damages and a Conference was desired with the Lords upon it where the Managers of the Commons delivered to their Lordships a Transmission of an Impeachment concerning the Cause of Sir John Corbet a Member of the House of Commons against the Earl of Bridgwater the Lord Privy Seal the Archbishop of Canterbury the Lord Cottington the Lord Newburgh and the two Secretaries of State in which the House of Commons desire that the several Persons whom it concerns may be called to answer and that their Lordships would proceed therein according to Justice and that Sir John Corbet may have Reparation for his Imprisonment
Thanksgiving at this the Commons took great distast and upon Monday at their first meeting they fell upon this Debate the Result of which was That this House doth declare The Commons offended with the Bishop of Lincoln for making a Form of Prayer for the Thanksgiving Day That the Bishop of Lincoln had no Power to set forth any Prayer to be read at the Publick Thanksgiving and that no Minister ought to be ingaged to read the said Prayer and therefore the House is of Opinion and doth so Order That the said Prayer be not read in the Liberties of Westminster or elsewhere and that the Prayer be taken into Consideration upon Wednesday next and that a Conference be desired with the Lords thereupon At a Conference with the Lords several Letters were read Conference with the Lords about the Spanish Ambassador's Transporting Soldiers one from the King about four thousand Irish for the King of Spain a complaint being made to His Majesty by the Spanish Ambassador of the stopping of Ships which he had contracted with for their Transportation The Lord Newport acquainted the Commons That a Corporal of his Troop lately come out of the North was spoken unto from the Spanish Ambassador to conduct Horsemen to Plymouth and to have about three pound a man for it and it was very highly resented that the Spanish Ambassador should take upon him to levy Men here in England without consent of Parliament Whereupon it was Ordered That there shall be a stop at all the Ports in England to prohibit all Transportation of Horse or Foot out of the King's Dominions and that Sir John Culpeper and Mr. Waller shall forthwith repair to the Spanish and French Ambassadors to know by what Authority they Treat with Officers concerning the Levies of any Men Horse or Foot To this upon their return they gave the House an account That the Spanish Ambassador answered Negatively that he did not Treat with any whatsoever but that a Colonel had offered his Service but till he had His Majesties consent he refused to Treat with him That by His Majesties promises he thought himself in Possession of the Irish Soldiers and if they were taken from him he thought they took from him that which was his own It was thereupon further Ordered That no Merchants Transport any Soldiers out of any of His Majesties Dominions and no Ships to be cleared till they have given Security that they will not It was twice this day put to the Vote The same Question put twice in the House whether Col. Ashburnham Capt. Pollard should have their pay Whether Colonel Ashburnham and Captain Pollard should have their pay and the House was thereupon divided with the Noes were 49 with the Yeas 41. But the Friends of these Gentlemen taking the opportunity of the absence of some of those who had Voted against them moved the thing a second time and upon the Debate of the House they were again divided with the Yeas were 29 with the Noes 23 so it was carried in the Affirmative It was also Ordered Order about Lecturers That it shall be lawful for the Parishioners of any Parish in the Kingdom of England or Dominion of Wales to set up a Lecture and to maintain an Orthodox Minister at their own Charge to Preach every Lord's day where there is no Preaching and to Preach one day in every week where there is no weekly Lecture Thus did they set up a Spiritual Militia of these Lecturers who were to Muster their Troops and however it only appeared a Religious and Pious Design yet it must go for one of their pioe fraudes Politick Arts to gain an Estimate of their Numbers and the strength of their Party These Lecturers were neither Parsons Vicars nor Curates but like the Order of the Friers Predicants among the Papists who run about tickleing the Peoples Ears with stories of Legends and Miracles in the mean time picking their Pockets which were the very Faculties of these Men for they were all the Parliaments or rather the Presbyterian Factions Creatures and were therefore ready in all places to Preach up their Votes and Orders to Extol their Actions and applaud their Intentions these were the Men that debauched the People with Principles of disloyalty and taught them to Worship Jeroboam's Golden Calves the pretended Liberty of the Subject and the Glorious Reformation that was coming which the Common People adored even the Imaginary Idea of like the wild Ephesians as if it were a Government falling down from Heaven and as they used to Cant it the Pattern in the Mount the New Jerusalem and Mount Zion And in short the succeeding Tragedies of Murder Rapine Sacriledge and Rebellion were in a great measure the dismal Harvest of these Seeds of Fears Jealousies the Lawfulness of resisting the King's Authority in assistance of the Parliament their long Prayers and disloyal Sermons their Curse ye Meroz's and exhorting to help the Lord against the Mighty which with such diligence they sowed and with such unwearied pains by preaching as they said in Season and most certainly out of Season they took care to Cultivate and Improve and whoever will take the pains to observe shall find in the thred of this History that these Hirelings were so far from laying down their Lives for the Sheep that they preached many deluded Souls out of their Lives by a flagrant Rebellion and were so far from advancing the Gospel of Peace that they sounded the Trumpet for War and always their Pulpit Harangues to the People were the Repeated Ecchoes of the Votes Orders Remonstrances and Declarations of Westminster Besides this general Order for Lecturers there was a particular Order sent from the House to the Curate of Farnham the Seat of the Bishop of Winton commanding him to admit of a Lecturer The Contagion of the Pestilence Wednesday Septemb. 8. which had infected the Cities of London and Westminster increasing there were by the agreement of both Houses of Parliament certain Orders made to prevent the spreading of the Infection which were as follows 1. That the Bill Lord have mercy upon us with a large Red Cross be set upon the Door of every House infected with the Plague Orders for preventing the spreading of the Infection of the Plague 2. That all the stuff in the House where any have been visited with the Plague be well Ayred before they be discharged or the House opened 3. The House visited with the Plague to be shut up whether any persons therein do die or not and the persons so shut up to bear their own charges if they be of ability 4. No person to be removed out of any infected House but by leave of the Magistrate 5. If any person shall fly out of any House infected with the Plague at or before the death of any in the House such persons so flying to be pursued by Hue and Cry and the House where they shall be found to be
the performance hereof their Pleasure is That you should continue there to wait upon his Majesty till you receive further direction or that his Majesty be pleased to come away for England Instructions of the Lords and Commons in Parliament to the Committees of both Houses now Attending his Royal Majesty in Scotland I. YOU shall acquaint his Majesty Additional Instructions to the Committee in Scotland That by your Advertisement both Houses have taken Notice of the Examinations and Confessions taken in the Parliament of Scotland concerning a malicious design affirmed to be undertaken by the Earl of Craford and others against the Persons of the Marquiss of Hamilton the Earls of Argyle and Lannerick having taken the same into Consideration they have good Cause to doubt That such ill-affected persons as would disturb the Peace of that Kingdom are not without some malicious Correspondence here which if those wicked Purposes had taken Effect in Scotland would have been ready to attempt some such mischievous Practices as might produce Distempers and Confusions in this Kingdom to the Hazard of the Publique Peace for prevention whereof they have given Order for strong Guards in the Cities of London and Westminster * The Debate about the Remonstrance of the State of the Kingdom in order to their possessing themselves of the Militia was many Weeks before in the House only this was a fair occasion for the attempt and have resolved to take into their Care the Security of the rest of the Kingdom II. You shall further declare to his most Excellent Majesty That the States of his Parliament here do hold it a matter of great Importance to this Kingdom That the Religion Liberty and Peace of Scotland be preserved according to the Treaty and Articles agreed by his Majesty and confirmed by Act of Parliament of which they are bound to be careful not only by Publique Faith in that Treaty but by their Duty which they ow to his Majesty and this Kingdom because they hold it will be a great means of preserving Religion Liberty and Peace in England Ireland and his Majesty 's other Dominions and the Union of all his Loyal Subjects in maintaining the Common good of all will be a sure Foundation of Honor Greatness and Security to his Royal Person Crown and Dignity wherefore they have resolved to Employ their Humble and Faithful Advice to his Majesty the Power and Authority of Parliament and of this Kingdom for Suppressing of all such as by any Conspiracy Practice or other Attempts shall endeavour to disturb the Peace of Scotland and to infringe the Articles and the Treaty made betwixt the Two Kingdoms III. You shall likewise inform the King That whereas Orders have been given by his Majesty with the Consent of Parliament for the Disbanding the Garrisons of Carlisle and Berwick the first whereof is already wholly disbanded and all the House and Eight Companies of Foot sent out of Berwick and only Five Companies remaining which likewise should have been disbanded at or before the 15th of this Month if they had not been stayed by his Majesties Command signified to Sir Michael Ernley Lieutenant Governor according to direction in that behalf and whereas by Order of Parliament Ships have been sent for the Transporting his Majesties Munition Ordnance and other Provisions in that Town and the Holy Island all which have been of very great Charge to the Commonwealth the Commons now Assembled in Parliament have declared That they intend to be at no further Charge for the longer stay and Entertainment of those Men or for the Demurrage of the Ships if by occasion of this direction they be kept out longer than was agreed upon Ordered That Mr. Speaker do write a Letter to Mr. Secretary Vane that in case the Committee of both Houses be come out of Scotland before the Letter and Instructions now to be sent can be delivered there unto them that then he shall he desired by this House to present the same unto his Majesty Saturday Octob. 23. Order for the Bishops impeached to have Councel This day upon the humble Request of the Bishop of Rochester on his own behalf and the rest of the Bishops which are impeached by the House of Commons before their Lordships concerning the late Canons c. It is Ordered That Mr. Serjeant Jerman Mr. Herne Mr. Chute and Mr. Hales being publiquely named in this House by the said Bishop and approved of by the House shall be assigned to be of Counsel with the Bishops that are impeached With this Proviso nevertheless That if any of the said Counsel shall upon just Cause desire to be Excused here and the House approve of the said Excuse That then he or they shall not be compelled to be of the said Bishops Councel as aforesaid The Commons being met there was a Report made of certain Troopers who had made a disturbance about a Tavern-Reckoning and the Guard in the Pallace-Yard being called to quiet them they fell upon them and cut the Drum but being taken and committed to Custody and one of them saying in Bravado That there were a thousand of them about the Town who if they were there would help them and make the Pallace too hot for the Guards they were Ordered to be sent to the Lords Bar to receive their Censure for this Misdemeanor But it struck such a fear into some of the Members of the Commons House that they immediately Voted what they had so often denied the King though his Word and Honor were engaged to the Spanish Ambassador to let him have some of the disbanded Troops for it was Votes to let the disbanded Soldiers past beyond Sea Resolved c. That the House is of Opinion and holds fit that Orders should be sent to the Officers of the several Ports requiring them to permit all such Soldiers of the late disbanded Army as shall desire it to pass beyond the Seas provided that they take such Oaths and perform such other Duties as are usually required according to the Laws Resolved c. That this House is further of Opinion and holds it fit That such other Soldiers of the late disbanded Army as are Strangers and not Subjects or Natives of this Kingdom shall have liberty to pass out of this Kingdom and to receive Entertainment of any Forreign Prince Sir Gilbert Gerrard carries up the Bill for dissabling all Persons in Holy Orders to exercise any temporal Jurisdiction or Authority and acquainted the Lords That the House of Commons desired there might be all speed in the passing of it for it much concerns the good of the Common-Wealth The Lord General Thanks given to the L. General by the House of Lords the Earl of Holland being now returned and having at a Conference given an Account of the disbanding of the Army It was Ordered by the Lords That this House gives Thanks to the Earl of Holland late Lord General of his Majesties Army in the North for
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
And being demanded whether the Lord Mac-guire was one appointed to this Business he at last said he thought he was William Parsons R. Dillon Ad. Loftus J. Temple Tho. Rotherham R. Meredith The Examination of Richard Grave of Dronibote in the County of Monoghan The Examination and Deposition of Richard Grave concerning the Irish Rebellion Yeoman taken the 25th of October 1641. WHo saith That on Friday last the 22d of this Month a little before Night a Son of Art-Oge Oneal's of the Fues whose Name he knoweth not accompanied with about One hundred of the said Art-Oge's Tenants Armed with Swords Pitchforks and some Muskets came to Dronibote aforesaid to the House of William Grave Brother to the said Richard and having broken down the Doors and Windows of the said House they Rifled it and robbed him of all the Money they could find there and of sundry other Goods which they were able to carry away and when they had so done they came to the House of William Grave the Elder Father to the Examinat and having broken down the Doors of the said House they robbed him of all his Money Linnen and Clothes and sundry other Goods He saith also That the same Night they broke into and robbed the House of Sir Henry Spotswood in the same Town and took from thence all the Money and Plate which they found there as also divers Houshold-Goods and a fair Stone-Horse He saith also That about Twelve a Clock the next Day the same persons came again to the said Town accompanied with Two or Three hundred more and then Robbed and spoiled it of all the rest of the Goods and Chattels which they found and presently after they set fire upon all the Houses there and burnt them to the Ground he saith also That the Goods which his Father and himself and his Brother did lose thereby were worth 500 l. and that he verily believes that the Goods which Sir Henry Spotswood lost thereby were worth 1000 l. at least He saith further That on Friday aforesaid while the said Art-Oge's Son was in this Examinat's Father's House he heard him the said Art-Oge's Son and one Patrick Mac-Cadron of Drombee who was one of them who were then in the Company say That it was but the Beginning but before they had done they would not leave one alive Rich nor Poor who went to Church and saith also That the said Art-Oge's Son and Patrick Mac-Cadron said there That by the next Night Dublin would be too hot for any of the English Dogs to live in James Ware The Proclamation which was set out and dispersed to as many Places as it was possible to give Notice of the Discovery of the Conspiracy was in haec verba The Proclamation of the Lords Justices and Council of Ireland to stop the Rebellion Oct. 23. 1641. By the Lords Justices and Council William Parsons John Borlase THese are to make Known and Publish to all his Majesties good Subjects in this Kingdom of Ireland That there is a Discovery made by Vs the Lords Iustices and Council of a most Disloyal and detestable Conspiracy intended by some Evil Affected Irish Papists against the Lives of Vs the Lords Iustices and Council and many other of his Majesties faithful Subjects Vniversally throughout this Kingdom and for the Seizing not only of his Majesties Castle of Dublin his Majesties principal Fort here but also of all the other Fortifications in the Kingdom and seéing by the great Goodness and abundant Mercy of Almighty God to his Majesty and this State and Kingdom those wicked Conspiracies are brought to Light and some of the Conspirators committed to the Castle of Dublin by Vs by His Majesties Authority so as those wicked and damnable Plots are now disappointed in the Chief Parts thereof We therefore have thought fit hereby not only to make it publickly known for the Comfort of His Majesties Good and Loyal Subjects in all Parts of the Kingdom but also hereby to require them That they do with all Confidence and Chearfulness betake themselves to their own Defence and stand upon their Guard so to render the more Safety to themselves and all the Kingdom besides and that they Advertize Vs with all possible Speéd of all Occurrents which may concern the Peace and Safety of the Kingdom and now to shew fully that Loyalty and Faith which they had always shown for the Publick Services of the Crown and Kingdom which We will value to His Majesty accordingly and a special Memory thereof will be retained for their Advantage in due time and We require That great Care be taken that no Levies of Men be made for Forreign Service nor any Men suffer'd to March upon any Pretence Given at his Majesties Castle at Dublin 23th of October 1641. Robert Dillon Adam Loftus Tho. Rotheram James Ware Robert Digby John Temple Fra. Willoughby Robert Meredith Two private Letters were read sent to the Lord Lieutenant the one from Sir John Borlase one of the Lords Justices of Ireland the other from Sir John Temple declaring the State and Danger which that Kingdom is in if there be not present Supply both of Arms Men and Money from England Likewise the Lord Keeper acquainted the House The Irish Letters Ordered to be opened That the Lords of the Council being informed of the Pacquets of Letters that came this Week from Ireland have sent out their Orders and stayed them and committed them into the Hands of the Gentleman Vsher until their Lordships further Directions be known herein Whereupon the Lord Privy Seal Lord Admiral Lord Chamberlain Earl of Bath Earl of Southampton Earl of Leicester and Earl of Warwick were appointed to be a Committee to open and read such Letters as conduce any thing to the discovery of the Affairs of Ireland and to report the same to this House and to return those which concern Merchants Affairs to the-Post Master to be delivered to the Owners their Lordships or any Seven or more of them to meet when they please and have Power by virtue hereof to divide themselves into several by any four or more as they shall see Occasion In the Commons House after the reading of the above related Papers concerning this Horrid Conspiracy in Ireland the House was resolved into a Committee of the whole House to consider what was to be done upon this Emergency and several Votes were passed for several Heads of a Conference which was Ordered to be desired with the Lords upon this Occasion which the Reader to avoid Repetition will find in the Report of that Conference together with the several Answers of the Lords unto them Among other Votes for a Recompence and Incouragement to Owen ô Connelly the first Discoverer of this Detestable Treason it was Resolved upon the Question A Reward voted to Connelley for discovering the Irish Rebellion That Owen Connelly who discovered this Great Treason in Ireland shall have 500 l. presently paid him and 200 l. per
deferred those Agreements which else he might have seasonably composed at home This is a Calumny so black and yet so Fertile and Politick that it doth not by Retail charge the Fatal Miscarriages of the late War upon the evil Counsellors and Ministers as the more modest Regicides did but delivers them in Gross and by whole-Sale upon the King making him by deferring those Agreements which else he might have seasonably composed at Home a felo de se and Guilty of his own Execrable Murther When all the World knows those Agreements which he might so seasonably as our Historian saith have made were upon no easier Conditions then parting with his Crown and Scepter and contenting himself with the empty Name of a King and that too at the discretion of the two Houses who would have the Sword and the Purse of the Nation at their absolute Command It is certainly true this perfidy of the Irish did Contribute much to his Majesties Ruine but it is as certain that other things conspired more the Obstinacy of the English Rebels whose Flagitious Guilt would not permit them to think any thing less then his Death could secure their own Lives and Usurpations and certainly the Calumnies and Detractions of favoring Popery and Designing to Govern Arbitrarily of countenancing the Irish Rebellion and contriving to deliver up the Remainder of the Protestants and their Religion by the Cessation c. which Calumny Dr. Borlase has taken Care to revive contributed more to his Majesties execrable Murder for with these Slanders and Aspersions they at first Poisoned the Minds of the Credulous Multitude by these Incentives and Motives they hurried them on to an open Rebellion by these Arts they supported the War and overcame the Loyal Party and in fine by these pretended Crimes they blackned his Majesty and brought his Royal Neck to the Infamous Block and for what Reasons Dr. Borlase should again raise these Hellish Calumnies to Possess the People at a Time when the very same Faction of Sectaries and Republicans were putting the Nation into the Old Ferment of Fears and Jealousies it will be difficult to conjecture unless it were to inspire the present Age with Animosities and Hatred against his Majesty his Ministers and his Government as pursuing the same Methods with which he falsly Arraigns the Memory of his Royal Father and by the same wicked Arts to Compass and Effect the same unparalell'd Mischiefs and Villanies The truth is when it is considered by what Stars he directed his Sails it will be apt to Confirm the Belief that he hath received his Measures from some Persons whose Interest it is to have their own Actions palliated and those of his Majesties most Loyal Subjects who followed the Marquiss of Ormonds as he did his Majesties Directions lessened and vilified and I cannot see the Sketch of his History drawn by the Hand of the Bishop of Meath without which he saith P. 19. of his Preface The History must want much of its due Method and more Eloquence without giving a short Stricture upon that Prelate and then leaving it to the most Partial Judge to determine what Right the King and Royal Party and particularly his Grace the Duke of Ormond are to expect from such an Historian and such a History when one of his principal Authorities from whom he saith he had several Passages in the insuing History was in actual Arms in the Parliamentarian Party who though they fought against the Rebels yet were no less Enemies to the late King then the Irish Rebels whom they opposed This Bishop of Meath was in the beginning of the Irish Rebellion a Dean in Ireland Nephew to Primate Vsher and being delivered from the Danger he was in by a Gentleman of the Reyleys who also saved many other Protestants Lives by conveying such as put themselves into his Protection safely into the English Quarters Feeding and Clothing such as were Stript and in Necessity the Doctor when he came to Dublin was imployed to take Examinations of all the English and Protestants that had scaped the Fury of the first Insurrection he was afterwards sent to London to sollicite for Relief for the distressed Protestants of Ireland either from the Parliament or by Contributions from Charitable Persons upon his Return from that Negotiation he was made Bishop of Clogher by the Recommendation of the then Marquiss of Ormond and so continued till the Surrender of Dublin into the Hands of Mr. Arthur Annesley now Earl of Anglesey and other Commissioners from the Parliament and that Bishops Hand is to an Address to the Marquiss of Ormond among other of the Clergy by the Name of Henry Jones But after when Dublin was given up and the Parliaments Forces prevailed in the whole Kingdom saving the Irish Quarters he so far complied with those Anti-Episcopal Regicides as that from a Bishop he became a Scout-Master General changing his Episcopal nay even his Ministerial Habit into a Military the Sword of the Spirit into one of Steel and upon Occasion dying it in the Blood of his Enemies However upon the King 's happy Restauration wherein he was in his Station in Ireland Instrumental he was for that Reason notwithstanding his Irregularities restored to his Bishoprick of Clogher and afterwards promoted to be Bishop of Meath The Reader possibly will look upon this as a large Digression but I hope the Influence it must necessarily have towards the Discovery of Truth will frame an easy Apology for me and possibly I should not at this time so soon have dismissed the Doctor without acquainting the Reader how personally by the Propension of his own Inclinations he was interressed to be Partial to the Actions of those Persons Things and Times whose Principles he had so warmly Espoused being declaredly of the late Parliament Faction but he being not now in Condition to Answer for Himself common Humanity inclines me to be sparing in that particular and where I have Occasion to contradict his History only to shew how he hath deviated from the Integrity of a just Historian Having thus cleared my own Way and I hope dispelled some of those Mists which otherwise might make me not only apt to mistake my self but also unable to Guide others in these Irish Affairs I am in the Next place to give the best account I am able of the Reasons Grounds and Occasions of this detestable Insurrection wherein I do assure the Reader I will endeavour to hold the Beam of Truth with all the Integrity I possibly can and will solemnly avow That I know no Temptations in the World that are capable of removing me one single Hairs breadth out of the Honorable Paths of Truth and Honesty It is therefore agreed on all hands That for some time before the Eruption of this Flaming Rebellion the Affairs of Ireland were in all humane appearance in a better Condition then Generally they had been since the Accession of that Kingdom to the Crown of England You shall
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
the 5th day of October having regard therein to the day of the Week whereon that day did fall which was the Saturday being the Market day on which day there would be less Notice taken of people up and down the Streets Then began a question who should be deputed for the Surprisal of the Castle and then Mr. Moore said he would be one of them himself and that Colonel Bourne should be another and what other Gentlemen of Lemster they could procure to joyn with them and seeing the Castle had two Gates the one the great the other the little Gate going down to my Lord Lieutenant's Stables hard by which Stables without the Castle was the Store-House for Arms they of Lemster would undertake one Gate and that should be the little Gate and the great Gate should be undertaken by those of Vlster and said he of necessity one of you both meaning Sir Phelim and me must be there for the meer countenance of the matter it being the glory of all our proceedings and all that his Speech was well liked of all present But Sir Phelim would be exempted from that employment and so would I but then all of them set on me desiring me to be one alledging for Reason that their Proceedings and Resolutions were very honourable and glorious it being for Religion and for to procure more liberty for their Country as did say they of late Scotland and that in taking the Castle consisted all the glory and honour of the said Act all which should be attributed to them which should be imployed therein and so by consequence all or most part to be there being as they said the chief in that Enterprize and more Sir Phelim said that he would endeavour to take or procure others to take Londonderry the same day and if he should be away that place would not be taken with these and many other perswasions they obtained my consent and then the Captain offered himself they began to think what number should be imployed in that Act and they concluded on Two Hundred Men one Hundred from each Province for those Gates which they seize on of which number Sir Phelim O Neale should send forty with an able sufficient Gentleman to conduct them And likewise Captain Neale twenty Mr. Mac Mohone Mr. Reyly ten more and I should bring twenty two then began a doubt how they should raise those Men and convey them to Dublin without suspicion and it was answered that under pretence of carrying them to those Colonels that were conveying Soldiers into the Kingdom it might safely be done and to that purpose Sir Phelim O Neale Mr. Moore and the Captain had several blank Patents with Deputations to make Captains to those Colonels which they sent to those that should send men to Dublin for the more colour they bethought of what was to be done in the Country that day and it was resolved that every one privy to that matter in every part of the Kingdom should rise up that day and seize on all the Forts and Arms in the several Counties to make all the Gentry Prisoners the more to assure themselves against any averse fortune and not to kill any but where of necessity they must be forced thereunto by opposition and that those that were appointed for taking of the Castle should observe and in particular the Gentry All their Army in Vlster to take that day Londonderry which Sir Phelim did undertake and Knockfergus which they thought Sir Henry Mac O Neale would do and to that end Sir Phelim's Brother Torilagh O Neale should be sent to them and the Newry which should be undertaken by Sir Conne Magennis and his Brothers for whom Sir Phelim in regard they were his Brothers-in-law his deceased Lady being their Sister did undertake Moreover it was agreed that Sir Phelim Mr. Reyly Mr. Coll mac Mahone and my Brother should with all the speed they could after that day raise all the Forces they could and follow us to Dublin but to Arm the Men and Succour and Attend and Garrison the Town and Castle And likewise Mr. Moor should appoint Lemster Gentlemen to send like supply of Men then there was fear of the Scots conceived that they should presently oppose themselves and that would make the matter more difficult and to avoid which danger it was resolved on not to meddle with them or any thing belonging to them and to demean themselves towards them as if they were of themselves which they thought would pacifie them from any opposition and if the Scots would not accept of that offer of amity but would oppose them they were in good hope to cause a stir in Scotland that might divert them from them and I believe the ground for that hope was That two years before in or about the beginning of the Scots Troubles my Lord of Tyrone sent one Torilagh O Neal a Priest out of Spain and that this I take it was the time that he was in Treaty with Cardinal Richelieu to my Lord of Argile to Treat with him for help from my Lord for him to come into Ireland as was said for Marriage between the said Earl and my Lord of Argile's Daughter or Sister I know not which and this Messenger was in Ireland with whom Mr. Torilagh O Neale Sir Phelim's Brother had conference from whom this Relation was had that said Messenger went into Scotland as I did hear from the said Mr. Neale or from Ever mac Mahone aforenamed I know not from which of them but what he did there I could never hear by reason that my Lord of Tyrone was presently after killed they were the more confirmed therein hearing that my Lord of Argile did say near to the same time as I guess and when the Army was raised in Ireland as I think to a great Lady in Scotland I know not her name but did hear that she was much imbarqued in the Troubles of that Kingdom there she questioning how they could subsist against the two Kingdoms of England and Ireland that if the King did endeavour to stir Ireland against them he would kindle such a Fire in Ireland as would hardly or never be quenched And moreover they knew my Lord to be Powerful with the Highlanders Redshanks in Scotland whom they thought would be prone and ready to such Actions they for the most part descended out of Ireland holding the Irish Language and Manners still and so we parted The next day being Wednesday Leghrosse every man went about his own task and so when I came home I acquainted my Brother with all that was done and what they had appointed him to do and did like according as they had appointed me send to Mr. Reyly to let him know as much and the 18th of the same Month I began my Journy to Dublin and when I came to Dublin being the day before the appointed day for putting that Resolution in Execution there I met with Captain Conne O Neal sent out
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
grants and otherwise And that all His Majesties debts then due in this Kingdom were satisfied out of the said Subsidies and yet His Majesty is of late as the Petitioners have been informed in the House of Commons become indebted in this Kingdom in great Sums And they do therefore humbly beseech that an exact accompt may be sent to His Majesty how and in what manner his Treasure issued 12. The Petitioners do humbly conceive just and great fears at a Proclamation published in this Kingdom in Anno Domini 1635. Prohibiting Men of Quality or Estates to depart this Kingdom into England without the Lord Deputies License wherein the Subjects of this Kingdom are hindred and interrupted from free access to Address to His Sacred Majesty and Privy Council of England to declare their just Grievances or to obtain Remedies for them in such sort as their Ancestors have done in all Ages since the Reign of King Henry the Second and great Fees exacted for every of the said Licenses 13. That of late His Majesties late Attorney General hath exhibited Informations against many Boroughs of this Kingdom into His Majesty's Court of Exchequer to shew cause by what Warrant the said Burgesses who heretofore sent Burgesses to the Parliament should send the Burgesses to the Parliament and thereupon for want of an Answer the said Priviledges of sending Burgesses was seised by the said Court which proceedings were altogether Coram non Judice and contrary to the Laws and Priviledges of the House of Parliament and if way should be given thereunto would tend to the Subversion of Parliaments and by consequence to the ruine and destruction of the Common-wealth And that the House of Commons hath hitherto in this present Parliament been deprived of the Advice and Counsel of many profitable and good Members by means thereof 14. By the powerfulness of some Ministers of State in this Kingdom the Parliament in its Members and Actions hath not his natural Freedom 15. And lastly That the Gentry and Merchants and other His Majesty's Subjects of this Kingdom are of late by the Grievances and Pressures beforesaid and other the like brought very near to Ruine and Destruction And Farmers of Customs Customers Waiters Searchers Clerks of unwarrantable proceedings Pursivants and Goalers and sundry others very much enriched whereby and by the slow Redress of the Petitioners His Majesties most Faithful and Dutiful People of this Kingdom do conceive great fears that their readiness approved upon all occasions hath not been of late presented to his Sacred Majesty For remedy whereof the said Petitioners do humbly and of right beseech your Lordship that the said Grievances and Pressures may be speedily redressed and if your Lordship shall not think fit to afford present relief that your Lordship might admit a select Committee of this House of Persons uninteressed in the benefit arising of the aforesaid Grievances to be licensed by your Lordship to repair to his Sacred Majesty in England for to pursue the same and to obtain fitting remedy for their aforesaid and other just Grievances and Oppressions and upon all just and honourable occasions they will without respect of particular interest or profit to be raised thereby most humbly and readily in Parliament extend their uttermost endeavour to serve His Majesty and comply with his Royal and Princely occasions And shall pray c. Not long after the Lord Deputy Wendesford died Lord Deputy Wendesford dies viz. the Third of December following whereupon Robert Lord Dillon of Kilkenny-west and Sir William Parsons Knight and Baronet Master of the Court of Wards L. Dillon and Sir William Parsons made Lords Justices were Constituted Lords Justices of Ireland and were accordingly Sworn the 30th of December 1640. But the Lord Dillon whose Son had married the Earl of Strafford's Sister and who being a Person of great Parts and Abilities and passionately devoted to the Earl's Interests both by Alliance and Inclination was no way grateful to the Faction it was not long therefore before the King who in all things endeavoured to sweeten them by gratifying them in whatever they desired was prevailed with L. Dillon displaced and Sir John Borlase substituted in his room at the Importunities of the Irish Committees then at the Court to displace the Lord Dillon and appoint the aforesaid Sir William Parsons and Sir John Borlase to be Lords Justices of the Kingdom of Ireland These Gentlemen by His Majesties Command applied themselves to give such satisfaction to His Majesties Subjects of Ireland as in reason they could desire and among other things His Majesty was pleased to reduce the Subsidies from 40000 l. a Subsidy to 12000 a piece and all things seemed to be in a most quiet and peaceable Posture and Condition of Settlement But yet even then which seems much to confirm the Lord Macguire's Confession this Rebellion was upon the Anvil for about the latter end of the year 1640 the King received some advertisements of a Design then on Foot to raise some Commotions in Ireland whereupon the King whose care for the Security of his Kingdom and Protestant Subjects of Ireland was always awake caused Sir Henry Vane his Principal Secretary of Estate to advertise the Lords Justices Parsons and Borlase of it and to Command them to take care therein The Letter which I find in Dr. Borlase's History was delivered to the Lord Parsons and found after his Death in his Study by Sir James Barry Lord Baron of Santry and presented to His present Majesty and was in these Terms Right Honourable HIS Majesty hath Commanded me to acquaint your Lordships with an Advice given him from abroad Sir H. Vane's Letter to the Lords Justices concerning some Informations of danger in Ireland and confirm'd by his Ministers in Spain and elsewhere which in this Distemper'd Time and Conjuncture of Affairs deserves to be seriously consider'd and an especial care and watchfulness to be had therein which is That of late there have passed from Spain and the like may well have been from other Parts an unspeakable number of Irish Church-men for England and Ireland and some good old Soldiers under pretext of asking leave to raise Men for the King of Spain whereas it is observed among the Irish Friars there a whisper runs as if they expected a Rebellion in Ireland and particularly in Connaght Wherefore His Majesty thought fit to give your Lordships this notice that in your Wisdoms you might manage the same with that Dexterity and Secresie as to Discover and Prevent so pernicious a Design if any such there should be and to have a watchful Eye on the Proceedings and Actions of those who come thither from abroad on what pretext soever and so herewith I rest Your Lordships most Humble Servant Henry Vane White-Hall March the 16 th 1640. The preservation of this Letter appears very uncommon and looks as if Providence interessed in the Vindication of Oppressed Innocence had reserved it to clear the
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
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-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
Parliament Assembled not for any Doubt or Ambiguity which may be conceived or thought of for or concerning the Premisses nor of the ensuing Questions But for the manifestation and declaration of the Clear Truth and of the said Laws and Statutes already planted and for many Ages past settled in this Kingdom the said Knights Citizens and Burgesses do therefore pray That the House of the Lords may be pleased to Command the Judges of this Kingdom forthwith to declare in Writing their Resolutions of and unto the ensuing Questions and subscribe to the same Quest 1. WHether the Subjects of this Kingdom be a Free People and to be Governed only by the Common Laws of England and Statutes of Force in this Kingdom 2. Whether the Judges of this Land do take the Oath of Judges And if so Whether under pretext of any Act of State Proclamation Writ Letter or Direction under the Great or Privy Seal or Privy Signet or Letter or other Commandment from the Lord Lieutenant Lord Deputy Justice Justices or other Governor or Governors of this Kingdom they may hinder stay or delay the Suit of any Subject or his Judgment or Execution thereupon If so in what Cases And whether if they do hinder stay or delay such Suit Judgment or Execution thereupon what Punishment did they incur for their deviation or transgression therein 3. Whether the Kings Majesties Privy Council either with the Chief Governor or Governors of this Kingdom or without him or them be a Place of Judicature by the Common Laws and wherein Causes between Party and Party for Debts Trespasses Accompts Possessions or Title of Lands or any of them And which of them may be heard and determined and of what Civil Causes they have Jurisdiction and by what Law And of what Force is their Order or Decree in such Cases or any of them 4. The Like of the Chief Governor alone 5. Whether Grants of Monopolies be warranted by the Law and of what and in what Cases and how and where and by whom are the pretended Transgressors against such Grants punishable and whether by Fine Mutilation of Members Imprisonment Loss and Forfeiture of Goods or otherwise and which of them 6. In what Cases the Lord Lieutenant Lord Deputy or other Chief Governor or Governors of this Kingdom and Council may punish by Fine Imprisonment Mutilation of Members Pillory or otherwise And whether they may Sentence any to such the same or the like punishment for infringing the Commands of or concerning any Proclamation of and concerning Monopolies and what punishment do they incur that Vote for them 7. Of what Force is an Act of State or Proclamation in this Kingdom to bind the Liberties Goods Possessions or Inheritance of the Natives thereof whether or any of them can alter the Common Law or the Infringers of them loose their Goods Chattels or Leases or forfeit the same by Infringing any such Act of State or Proclamation or both And what punishment do the sworn Judges of the Law that are Privy Councellors incur that Vote for such Act and Execution thereof 8. Are the Subjects of this Kingdom subject to the Martial Law And whether any man in time of Peace no Enemy being in the Field with Banners displayed can be Sentenced to death If so by whom and in what Cases If not What Punishments do they incur that in time of Peace execute Martial Law 9. Whether Voluntary Oaths taken freely before Arbitrators for Affirmance or Disaffirmance of any thing or for the true performance of any thing be punishable in the Castle-Chamber or any other Court and why and wherefore 10. Why and by what Law or by what Rule of Policy is it that none is admitted to Reducement of Fines or other Penalties in the Castle-Chamber or Council Table untill he confess the Offence for which he is Censured when as Revera he might be innocent thereof tho suborned Proofs or Circumstances might induce the Censure 11. Whether the Judges of the Kings-Bench or any other Judge of Gaol-Delivery or of any other Court and by what Law do or can deny Copies of Indictment of Felony or Treason to the Parties accused contrary to Law 12. What Power have the Barons of the Court of Exchequer to raise the Respite of Homage arbitrarily to what Rate they please to what Value they may raise it by what Law they may distinguish between the Respit of Homage upon the diversity of the true value of the Fees when as Escuage is the same for great and small Fees and are apportionable by Parliament 13. Whether it be Censurable in the Subjects of this Kingdom to repair into England to appeal to his Majesty for Redress of Injuries or other Lawful Occasions If so why and in what Condition of Persons and by what Law 14. Whether Deans or other Dignitaries of Cathedral Churches be properly and de Mero jure Donative by the King and not Elective or Collative If so Why and by what Law And whether the Confirmation of a Dean de Facto of the Bishops Grant be good or valid in Law or no If not by what Law 15. Whether the issuing of Quo Warranto's out of the Kings-Bench or Exchequer against Boroughs that antiently and recently sent Burgesses to the Parliament to shew Cause why they sent Burgesses to the Parliament be Legal If not what punishment ought to be inflicted upon those that are or have been the Occasioners Procurers and Judges of and in such Quo Warranto's 16. By what Law are Jurors that give Verdict according to their Conscience and are the sole Judges of the Fact Censured in the Castle-Chamber in great Fines and sometime Pillored with loss of Ears and bored through the Tongue and marked sometimes in the Forehead with an Hot Iron and other like Infamous Punishments 17. By what Law are men Censurable in the Castle-Chamber with the Mutilation of Members or any other Brand of Infamy and in what Cases and what punishment in each Case there is due without Respect to the quality of the Person or Persons 18. Whether in the Censure in the Castle-Chamber Regard be to be had to the words of the Great Charter viz. Salvo Contenemento c. 19. Whether if one that steals a Sheep or commits any other Felony and after flyeth the Course of Justice or lyeth in Woods or Mountains upon his keeping be a Traytor If not whether a Proclamation can make him so 20. Whether the Testimony or Evidence of Rebels Traytors Protected Thieves or other infamous Persons be good Evidence in Law to be pressed upon the Tryals of Men for their Lives or whether the Judge or Jurors ought to be Judge of the matter in Fact 21. By what Law are Fairs and Markets to be held in Capite when no other express Tenure is mentioned in his Majesties Letters Patents or Grants of the same Fairs and Markets Altho the Rent or Yearly Sum be reserved thereout 22. Whether it stands with the Integrity of the
come in further Agitation and discussion in this Honourable House 9. Lastly The Judges Opinions are not usually call'd upon in Parliament but when upon Debate great and difficult Points in Law do arise where this most Honourable doth think fit to Command their Opinions but no Resolutions do belong unto the said Judges in Parliament but unto your Lordships yet in the Front and Preamble of the said Questions the Resolution of the said Questions by the Judges is forthwith desired to be required by your Lordships in Writing Although the first Question Viz. Whether the Subjects of this Kingdom c. be positively resolved by the Preamble to the said Questions in which it is likewise declared That the said Judges Answers thereunto are not desired For any Doubt or Ambiguity which may be conceived or thought of for or concerning the Premisses nor of the said Questions but for Manifestation and Declaration of a clear Truth and of the Laws and Statutes already planted and setled in this Kingdom And they conceive it is impossible to make any Manifestation or Declaration of Law or Statutes which may hold or be useful upon such general Questions as most of these are namely by what Laws in what Cases of what Power of what Force How Where and Why by Whom Wherefore what punishment by what Rule of Policy in what Condition of Persons In regard that the next succeeding Judges may be of another Opinion and that a Circumstance may alter the Reason of the Law in many particular Cases which the Wit of Man is not able to foresee or give a general Rule in And they say That to give any satisfaction to your Lordships or the Honourable House of Commons would make up a great Volume and require far more time then your Lordships have afforded unto the said Judges considering their great Toyl in the Circuits the last long Vacation their other Employments in the Common-wealth at their daily Attendance on your Lordships in Parliaments and in ordering Courts of Justice and yet lest they may seem to come any way short in performance of that Duty which they confess to be due unto your Lordships or be wanting in promoting and advancing the Good of the Common-wealth which they believe to be aimed at by the said Questions though it may seem to draw Damage or Prejudice upon their Particulars They do in all humbleness present unto your Lordships the ensuing Answers unto the said Questions which is as much as by their Oaths or in their Duty they owe unto His Sacred Majesty before his Princely pleasure be therein signified they can answer thereunto TO the First they Answer That the Subjects of this Kingdom are a Free People and are for the general to be Govern'd only by the Common Laws of England and Statutes of Force in this Kingdom yet they say That as in England many Statutes are grown obsolete and out of use and some particular Ancient Laws as well in Criminal as Civil Causes have been changed by Interpretation of the Judges there as they found it most agreeable for the general Good of the Common-wealth and as the Times did require it so our Predecessors the Judges of this Kingdom as the Necessity of the Times did move them did declare the Law in some particular Cases otherwise then the same is practised in England which the now Judges cannot alter without apparent diminution of a great part of His Majesties standing Revenue and opening a Gap for the shaking and questioning the Estates of many of His Majesties Subjects and the overthrowing of several Judgments Orders and Decrees which depend thereupon For Example If it be found by Office of Record sufficient for Form That a Man was killed in actual Rebellion and at the time of his Death he was seised of Lands Hereditaments Goods or Chattels by the constant Declaration of Law and Practise in former times here the Crown was Intitled to such Lands Goods and Chattels and many Mens Estates depend thereupon and yet the Law is not so taken in England So If one or more commit Felony and then stand out upon his or their keeping and he or they will not submit themselves to be tryed by the Law but being in that Case do rob or spoil and terrifie His Majesties People whereby the Country is disquieted This by the constant Opinion of our Predecessors in this Kingdom hath been adjudged a Levying of War within the Statute of 25 E. 3. and so consequently Treason Also by the common received Opinion and Practice of this Kingdom the Wife is to have a Third of all the Goods and Chattels and Credits of her Husband the Debts being paid although he dispose of all by his Will from her And yet the constant Practise is otherwise in England And other Instances of that kind might be made so that that word Only must receive a benign Exposition before the first Question can receive a general Answer in the Affirmative Secondly Many Causes of great Weight and Consequence in this Kingdom are to be Decreed and Ordered by Equity in the proper Courts of Equity and in Course of State at the Council Board and by particular Customes not contrary to Law for which the Common Law and Statutes of Force in this Kingdom gave no Remedy Thirdly There are several other Laws of Force in England and Ireland so far as they have been received which though some would have to be part of the Common Law of England yet we find them particularly distinguished from it in our Printed Books and Parliament Rolls in England As Lex Consuetudo Parliamenti jura Belli Ecclesiastical or Canon Law in certain Cases Civil Law in some Cases not only in Ecclesiastical Courts but in the Courts of Constable and Marshal and of the Admiralty and upon particular occasions in other Courts Lex Mercatoria c. 2. To the Second they say That the Judges of this Kingdom do take the Oath of Judges which Oath is specified amongst the Statutes in 18 E. 3. And is afterwards explained by the Stat. of 20 E. 3. And that they may not stay hinder or delay the Suit of any Subject or his Judgment or Execution thereupon otherwise than according to the Law and Course of the Court when they Sit under pretence of any Act of State Proclamation Writ Letter or Direction under the Great or Privy Seal or Privy Signet or Letter or other Commandment Lord Lieutenant Lord Deputy Justice Justices or other Chief Governors of this Kingdom most of which doth appear by their Oath expressed in the Statutes and the Statute of 20 E. 3. c. 8. And the Statute of 20 E. 3. c. 2. as to the Barons of the Exchequer And that as they know no Punishments due to Judges for their Deviations and Transgressions without other Aggravation so they know no punishment laid down by any Law against them for their Deviations and Transgressions in hindering staying or delaying of Justice contrary to their said Oath
and the Statute of 20 E. 3. 3. To the Third they say That it is part of their said Oath as Judges that they shall not Counsel or assent to any thing that may turn to the damage or disherison of our Soveraign Lord the Kings most Excellent Majesty by any manner of way or colour And that they give no Advice or Counsel to any man great or small in no Case wherein the King is a Party And that they shall do and procure the Profit of the King and his Crown in all Things where they may reasonably do the same And that in the Explanation of their said Oaths by the Statute of 20 E. 3. c. 1. It is declared That they shall give no Counsel to great Men nor small in case where the King is Party or which doth or may touch the King in any point And as your Lordships have been honourably pleased by an Order of this Honourable House bearing date the first of March Anno Domini 1640. Annoque Regni Regis Caroli 16. to give way That they should not be Compelled to Answer any part of the said Questions which did concern his Majesties Prerogative or were against their Oaths so they humbly represent unto your Lordships That they conceive that the Answering of the Particulars of this Question doth concern both for that the King 's Privy Council as the Questions terms it or Council Board is a Court of his Majesties high Prerogative where all Proceedings are before him and his Council or before his Governor who immediately to many Purposes represent his Majesties Person and the Council And where the great Affairs of State concerning his Majesties Honor Government Profit and of great Persons and Causes concerning the Common-Wealth which may not be conveniently remedied by the ordinary Rules of the Common-Law and many other Cases have been Treated of and managed And as his Majesty is the Fountain of all Justice within this Kingdom and may grant Cognizances of Pleas unto his Subjects and Corporations and may by his Commissions Authorize whom he shall think fit to Execute many Branches of his Authority so We humbly conceive That it doth not stand with our Oathes or Duties of our Places who are but Judges of the ordinary Courts of Justice before his Majesties Pleasure signified in that behalf to seek into the Commissions or Instructions of the Chief Governor and Council or to give any Opinion concerning the Limits Jurisdictions Orders Decrees Proceedings or Members of that High Court And that the King hath a Prerogative for hearing some of the Matters in this Question specified before his Chief Governor We beseech your Lordships to cast your Eyes on the Statute of 28 H. 6. c. 2. in this Kingdom where after Matters are directed to be sent to the Ordinary Courts yet the King's Prerogative is expresly saved notwithstanding all which his Gracious Majesty for whom it is most proper hath of late been pleased to Limit the Proceedings of that Board by his Instructions in Print 4. To the fourth they Answer as to the Third 5. To the fifth they say That generally all Grants of Monopolies whereby Trading Manufacture or Commerce is restrained and the Profit which should go to many is hindred and brought into a few Hands are against Law and the Liberty of the Subject and the Good of the Commonwealth tho they carry never so fair a pretence of Reforming Abuses And that the pretended Transgressors against such Grants are not at all punishable by any Rule of Law that they know of And yet they say That they conceive That his Majesty that is the Head and Father of the Commonwealth may restrain the Use and Importation and Exportation of certain Commodities or restrain the same into a few Hands for a time where there may be a likelyhood of his Majesties Profit which is the profit of the Commonwealth and no apparent prejudice to the Commonwealth doth appear And that when time shall discover such Prejudice then such Restraint ought to Cease So if a man by his own Invention at home or Travel Observation or Charge abroad doth introduce a new profitable or useful Trade or Profession into the Commonwealth in such Cases his Majesty may lawfully Grant and License the only making of such Commodity or teaching or using of such Trade for a certain time and the Transgressors against such Warrantable Grants may be punished by paying of Damages unto the Patentee in an ordinary Course of Justice or otherwise as the nature of the Offence and Matter doth deserve and as the Consequence and Importance of the matter may be to the King State or Commonwealth And they say That the Matter Manner Restrictions Limitations Reservations and other Clauses contained in such Grants or Licenses and the Commissions or Proclamations thereupon and undue Execution thereof and several Circumstances may make the same Lawful or Unlawful whereof they are not able to give any Certain Resolution before some Particular comes in Judgment before them neither are they otherwise able to answer the Generals in the Particulars of the said Question Of what in what Cases how where and by whom or which of them wherein whosoever desires further satisfaction he may please to have Recourse to the known Cases of Monopolies in printed Authorities and written Records and unto the Statute of 21 Jac. in Engl. concerning Monopolies and their several Exceptions and Limitations therein 6. To the Sixth they say They can no otherwise answer then they have already in their Answer to the Third Question for the Reasons therein set forth 7. To the Seventh they say That a Proclamation or Act of State cannot alter the Common Law and that Proclamations are Acts of his Majesties Prerogative and are and always have been of great use and that the Contemners of such of them as are not against the Law are and by the constant Practise of the Star-Chamber in England have been punished according to the Nature of the Contempt and Course of the said Court And although Acts of State are not of Force to bind the Goods Possessions and Inheritance of the Subject yet they have been of great use for setling of the Estates of very many Subjects in this Kingdom as may appear in the Report of the Case of Irish Gavil-Kind in Print And further to that Question they cannot Answer for the Reasons in their Answer unto the third Question set forth 8. To the Eighth they say That they know no ordinary Rule of Law by the which the Subjects of this Kingdom are made Subject to Martial Law in time of Peace and that they find the use thereof in the time of Peace in England complained of in the Petition of Right exhibited unto his Majesty in the third year of his Reign and that they conceive That the Granting of Authority and Commission for execution thereof is derived out of his Majesties Regal and Prerogative Power for suppressing of sudden and great Insolencies Insurrections among
Majesty's said Letters or the said Act of State and not otherwise The Commons not being satisfied with these Sober and Calm Resolutions of the Judges fell to Voting their own Sense and to make Declarations of the Law upon their former Queries as followeth Questions propounded in Parliament And Declarations of the Law thereupon in Parliament Quest 1. The Declaration of the Commons in Ireland upon the Queries propounded to the Judges WHether the Subjects of this Kingdom be a Free People and to be Governed only by the Common Laws of England and Statutes of Force in this Kingdom Declarat The Subjects of this his Majesties Kingdom of Ireland are a free People and to be Governed only according the Common Law of England and Statutes made and established by Parliament in this Kingdom of Ireland and according to the Lawful Customs used in the same 2. Quest Whether the Judges of this Land do take the Oath of Judges And if so Whether under pretext of any Act of State Proclamation Writ Letter or Direction under the Seal or Privy Seal Signet or Letter or other Commandment from the Lord Lieutenant Lord Deputy Justice Justices or other Chief Governor or Governors of this Kingdom they may hinder stay or delay the Suit of any Subject or his Judgment or Execution thereupon If so in what Cases And whether if they do hinder stay or delay such Suit or Judgment or Execution thereupon what Punishment do they incur for their deviation and transgression therein Declarat That Judges in Ireland ought to take the Oath of the Justices or Judges declared and established in several Parliaments of Force in this Kingdom and the said Judges or any of them by Color or under Pretext of any Act of State or Proclamation or under Color or Protext of any Writ Letter or Direction under the Great Seal Privy Seal or Privy Signet from the King 's Most Excellent Majesty or by Color or Pretext of any Letter or Commandment from the Chief Governor or Governors of this Kingdom ought not to hinder or delay the Suit of any Subject or his Judgment or Execution thereupon and if any Letters Writs or Commands come from his Majesty or from any other or for any other Cause to the Justices or to the other deputed to do the Law and right according to the Usage of the Realm in disturbance of the Law or of the Execution of the same or of Right to the Party the Justices and others aforesaid ought to proceed and hold their Courts and Processes where the Pleas and Matters be depending before them as if no such Letters Writs or Commandments were come to them And in case any Judge or Judges Justice or Justices be found in default therein he or they so found in default ought to incur and undergo due Punishment according to the Law and former Declarations and Provisions in Parliament in that Case made and of Force in this Kingdom or as shall be Ordered Adjudged or Declared in Parliament And the Barons of the Exchequer Justices of the Assize and Goal-delivery if they be found in default as aforesaid It is hereby declared That they ought to undergo the Punishment aforesaid 3. Quest Whether the Kings Majesties Privy Council either with the Chief Governor or Governors of this Kingdom or without him or them be a Place of Judicature by the Commons Laws and wherein Causes between Party and Party for Debts Trespasses Accompts Possessions or Title of Lands or any of them or which of them may be heard and determined and of what Civil Causes they have Jurisdiction and by what Law And of what Force is their Order or Decree in such Cases or any of them Declarat The Council Table of this Realm either with the Chief Governor or Governors or without the Chief Governor or Governors is no Judicatory wherein any Action Real Personal Popular or Mixt or any Suit in the Nature of the said Actions or any of them can or ought to be Commenced Heard or Determined and all Proceedings at the Council Table in any Suit in the nature of any of the said Actions are void especially Causes particularly provided for by express Acts of Parliament of Force in this Kingdom only excepted 4. Quest The Like of the Chief Governor alone Declarat The Proceedings before the Chief Governor or Governors alone in any Action Real Personal Popular or Mixt or in any Suit in the Nature of any of the said Actions are Coram non Judice and void 5. Quest Whether Grants of Monopolies be warranted by the Law and of what and in what Cases and how and where and by whom are the pretended Transgressors against such Grants punishable and whether by Fine Mutilation of Members Imprisonment Loss and Forfeiture of Goods or otherwise and which of them Declarat All Grants of Monopolies are contrary to the Laws of this Realm and therefore void and no Subject of the said Realm ought to be Fined Imprisoned or otherwise Punished for exercising or using the Lawful Liberty of a Subject contrary to such Grants 6. Quest In what Cases the Lord Lieutenant Lord Deputy or other Chief Governor or Governors of this Kingdom and Council may punish by Fine Imprisonment Mutilation of Members Pillory or otherwise And whether they may Sentence any to such the same or the like punishment for infringing the Commands of or concerning any Proclamation of and concerning Monopolies and what punishment do they incur that Vote for the same Declarat The Lord Lieutenant Lord Deputy or other Chief Governor or Governors and Council of this Realm or any of them ought not to imprison any of his Majesties Subjects but only in Cases where the Common Laws or Statutes of the Realm do inable and warrant them so to do and they ought not to Fine or to Consure any Subject in mutilation of Member standing on the Pillory or other shameful Punishment in any Case at the Council Table and no Subject ought to be Imprisoned Fined or otherwise Punished for Infringing any Commands or Proclamation for the support or Countenance of Monopolies and if in any Case any Person or Persons shall be committed by the Command or Warrant of the Chief Governor or Governors and Privy Council of this Realm or any of them That in every such Case every Person or Persons so Committed restrained of his or their Liberty or suffering Imprisonment upon Demand or Motion made by his or their Counsel or other imployed by him or them for that purpose unto the Judges of the Court of Kings-Bench or Common-Pleas in open Court shall without delay upon any Pretence whatsoever for the ordinary Fees usually paid for the same have forthwith granted unto him or them a Writ or Writs of Habeas Corpus to be directed generally unto all and every Sheriff Goaler Minister Officer or other Person in whose Custody the Party or Parties so Committed or Restrained shall be shall at the Return of the said Writ or Writs and
according to the Command thereof upon due and convenient notice thereof given to him at the Charge of the Party or Parties who requireth or procureth such Writ or Writs and upon Security by his or their own Bond or Bonds given to pay the Charge of carrying back the Prisoner or Prisoners if he or they shall be commanded by the Court to which he or they shall be brought as in like Cases has been used such Charges of bringing up and carrying back the Prisoner or Prisoners to be always ordered by the Court if any Difference shall arise there about bringing or cause to be brought the Body or Bodies of the said Party or Parties so committed or restrained unto and before the Judges and Justices of the said Court from whence the same Writ or Writs shall issue in open Court and shall then likewise certify the true Cause of such his or their Deteinors or Imprisonment and thereupon the Court after such Return made and delivered in open Court shall proceed to examine and determine whether the Cause of such Commitment appearing upon the said Return be just and legal or not and shall thereupon do what to Justice shall appertain either by Delivering Bailing or remanding the Prisoner or Prisoners 7. Quest Of what Force is an Act of State or Proclamation in this Kingdom to bind the Liberty Goods Possessions or Inheritance of the Natives thereof whether they or any of them can alter the Common Law or the Infringers of them loose their Goods Chattels or Leases or forfeit the same by Infringing any such Act of State Proclamation or both And what punishment do the sworn Judges of the Law that are Privy Councellors incur that Vote for such Acts and Execution thereof Declarat An Act of State or Proclamation in this Kingdom cannot bind the Liberty Inheritance Possession or Goods of the Subjects of the said Kingdom nor alter the Common Law and the Infringers of any such Act of State or Proclamation ought not to forfeit Lands Leases Goods or Chattels for the infringing of any such Act of State or Proclamation and the Judges of the Law who do vote for such Acts of State or Proclamation are punishable as Breakers and Violators of their Oaths of Judges 8. Quest Are the Subjects of this Kingdom subject to the Martial Law And whether any man in the time of Peace no Enemy being in the Field with Banners displayed can be Sentenced to death If so by whom and in what Cases If not What Punishments do they incur that in time of Peace execute Martial Law Declarat No Subject of this Kingdom ought to be Sentenced to Death or Executed by Marshal Law in time of Peace and if any Subject be so Sentenced or Executed by Marshal Law in time of Peace the Authors and Actors of any such Sentence or Execution are punishable by the Law of the Land for their so doing as Doers of their own Wrong and contrary to the said Law of the Land 9. Quest Whether Volantary Oaths taken freely before Arbitrators for Affirmance or Disaffirmance of any thing or for the true performance of any thing be punishable in the Castle-Chamber or any other Court and why and wherefore Declarat No Man ought to be punished in the Castle-Chamber or any other Court for taking a Voluntary Oath before Arbitrators for affirmance or disaffirmance of any Thing or the true Performance of any thing in Civil Causes nor are the Arbitrators before such Voluntary Oath shall be taken Punishble 10. Quest Why and by what Law or by what Rule of Policy is it that none is admitted to Reducement of Fines and other Penalty in the Castle-Chamber or Council Table untill he confess the Offence for which he is Censured when as Revera he might be innocent thereof tho suborned Proofs or Circumstance might induce a Censure Declarat By the Laws and Statutes of the Realm no Man is bound or ought to be compelled to acknowledg the Offence laid to his Charge or the justness of any Censure past against him in the Castle-Chamber or at the Council Table nor ought to be deteined in Prison or abridged of his Liberty or the Reducement of his Fine stayed or delayed until he doth acknowledg such Offence or the justness of such Censure And it is further declared That no such inforced or wrested Confession or Acknowledgment can or ought to debar or hinder any Subject from his Bill of Reversal or Review of any Sentence or Decree past or conceived against him in the Castle-Chamber or in any other Court 11. Quest Whether the Judges of the Kings-Bench or any other Judges of Goal-Delivery or of any other Court and by what Law do or can deny the Copies of Indictments of Felony or Treason to the Parties accused contrary to the Law Declarat The Judges of the Kings-Bench or Justices of Goal-Delivery or the Judges of any other Court ought not to deny Copies of Indictments of Felony or Treason to the Parties indicted 12. Quest What Power have the Barons of the Court of Exchequer to raise the Respite of Homage arbitrarily to what Rate they please to what Value they may raise it by what Law they distinguish between the Respit of Homage upon the diversity of the true value of the Fees when as Escuage is the same for great and small Fees and are apportionable by Parliament Declarat The Barons of the Exchequer ought to raise the Respite of Homage above the usual Rates appearing in and by the Course and Precedents of the Court continued until the year of our Lord God 1637 and the raising thereof since that time was Arbitrary and against the Law And the Barons of the Exchequer ought not to distinguish between the Respite of Homage upon any diversity of the true values of the Knight's Fees 13. Quest Whether it be Censurable in the Subjects of this Kingdom to repair into England to appeal to his Majesty for Redress of Injuries or for other Lawful Occasions If so for why and in what Condition of Persons and by what Law Declarat The Subjects of this Kingdom may lawfully repair into England to appeal to his Majesty for Redress of Injuries and for other their Lawful Occasions and for their so doing ought not to be punished or questioned upon the Statute of 5 R. 2. nor by any other Law or Statute of Force in this Kingdom eminent Officers and Ministers of State Commanders and Soldiers of his Majesties Army the Judges and Ministers of his Majesties Courts of Justice and of his Highness Revenue and Customs whose Attendance is necessarily requisite by the Laws and Statutes of the Realm only excepted 14. Quest Whether Deans or other Dignitaries of Cathedral Churches be properly and de Mero jure Donative by the King and not Elective or Collative If so Why and by what Law And whether the Confirmation of a Dean de Facto of the Bishops Grant be good or valid in Law and no If not by what Law
before been said concerning the beginning of this Execrable and Unparallel'd Rebellion take the Words of an * Excellent and Noble Author upon that Subject THe Irish Nation A M. S. S. in the custody of his Grace the Duke of Ormond written by the Right Honourable the Earl of Clarendon saith he was possessed of the most blessed and happy Condition before their own to say no worse unskilful Rage and Fury brought this War upon them and they have since had leisure enough thoroughly to consider and value the wonderful Plenty Peace and security which they enjoyed till the year 1641 when they wantonly and disdainfully flung those Blessings from them They were arrived to a mighty increase of Traffick Improvement of Land Erection of Buildings and whatever else might be profitable or pleasant to any People and these desirable Advantages and Ornaments the Policy and Industry of that Nation was utterly unacquainted with till they were brought to them by the skill and labour of the English planting and living Charitably Friendly and Hospitably among them Taxes and Tillages and other Contributions were things hardly known to them so much as by their Names whatever their Lands Labour or Industry produced was their own and they were not only free from the fear of having it taken from them by the King upon any pretence whatsoever without their own consents but also so secured against Thieves and Robbers by the Execution of good Laws that Men might and did Travel over all Parts of the Kingdom with considerable Sums of Money unguarded and unconcealed If this happy posture of Affairs It were well if our English Non-conformists would look in this Glass they would see their own pourtaict exactly and may by timely consideration avoid the same destiny was undervalued under the Notion of being but Temporal Blessings and the want of Freedom be alledged as to the Exercise of the Romish Religion to which that Nation was generally addicted it cannot be denied but that though by the Laws and Constitutions of that Kingdom the Power and Authority of the Bishop of Rome is not in any degree allowed or submitted to by the Government yet by connivance the whole Catholique Body of that Nation enjoyed an undisturbed Exercise of that Religion and even at Dublin where the Seat of the King 's chief Governour was such was the indulgence of Authority then towards them that they went as uninterruptedly to their Devotions as the Governor did to his Bishops Priests and all Degrees and Orders of the Secular and Regular Clergy lived and exercised their Functions among them And though there were some Laws against them still in force which the Necessity and Wisdom of former Ages had caused to be Enacted to suppress those acts of Treason and Rebellion which that People frequently fell into and the Policy of the present Times kept unrepealed to prevent the like Distempers and Designs yet the Edge of those Laws was so totally rebated by the Clemency and Compassion of the King that no Man could say he had suffered prejudice or disturbance in or for his Religion which is another kind of indulgence then the Subjects professing a faith contrary to that which is Established by the Laws of the Land can boast of in any other Kingdom in the World When in the Year 1640 they discerned some Distempers arising in England upon the Scots Invasion and perceived the Support and Countenance that People then found in both Houses of Parliament in England they would likewise bear a part and bring in their Contribution to the work in hand then they began to Transplant those dangerous humors of Jealousies and Discontents which they found springing up Seditiously in the Parliament at Westminster into Ireland and with the same Passion and Distemper cherished them in the Parliament at Dublin They fell to Accusing upon general and unreasonable Imputations the principal Councellors and Ministers of State who were intrusted by the Crown in that Kingdom impeaching them of High Treason and thereby according to the Rule unjustly then prescribed at Westminster they removed those Persons from any Power in Publick Affairs there whose wisdom might probably otherwise have prevented the mischiefs which have since ensued Then did they most weakly and childishly concur with the greatest Enemies their Nation or Religion had in the Conspiracy against the life of the Earl of Strafford Lord Lieutenant of that Kingdom by whose Wisdom and most prudent Government that Nation had reaped great advantages and was daily receiving greater and sent a Committee from Dublin to Westminster to join in the Prosecution of him and having in the end procured the miserable and never enough lamented Ruin of that great Person they powerfully opposed and hindred the conferring of that charge upon any of those His Majesty had designed to undertake it and at the last by their repeated importunities they got it devolved into such hands as were most unlike to grapple with the difficulties which they were sure to meet with and having thus to their uttermost power fomented the divisions in England and discountenanced and weakened the Regal Power in Ireland by raising the same Factions against it there on the sudden upon the 23d day of October 1641 without the least pretence of Quarrel or Hostility so much as apprehended by the Protestants great multitudes of Irish Roman Catholicks in the Province of Vlster and shortly after in other Provinces and parts of the Kingdom Tumultuously assembled together put themselves in Arms seised upon the Forts Castles Towns and Houses belonging to the Protestants which by their force they could possess themselves of and with most Barbarous Circumstances of Cruelty within the space of a few days murthered an incredible number of Protestants Men Women and Children promiscuously and without distinction of Age or Sex and of all those who were within the reach of their Power they who escaped best were robbed of all that they had to their very skins and so turned naked to indure the sharpness of that Season and by that means and for want of Relief many thousands of them perished by hunger and cold the Design which was at the same time laid for the surprise of the Castle of Dublin the Residence of the King 's chief Governors and His Majesties principal Magazine of Arms and Ammunition wherewith it was then plentifully stored being discovered by a person trusted and thereby disappointed that place was left singly to consult of the best means to oppose the Torrent which was like to overwhelm the whole Kingdom and for a Refuge to the poor Protestants who from all parts of the Kingdom flocked thither Despoiled Robbed and Stripped with the sad Relations of the most inhumane Cruelties and Murthers exercised upon their Friends Kindred and Neighbours which have been ever heard of amongst Christians It is not All the Irish not Guilty of the Rebellion adds he the purpose of this Discourse to lay any imputations of this Rebellion and
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
will buy the same The Lord Bishop of Lincoln gave this House an Account Bishop of Lincoln Reports the Votes about the Irish Affairs what the Committees for Irish Affairs had considered of and presented some Votes and Orders of the House of Commons in which they desire their Lordships to joyn with them which were read as follows Resolved upon the Question That the House of Commons holds it fit That 20000 l. shall be forthwith supplyed for the present Occasions of Ireland out of the Moneys that are now in ready Cash or shall first come in Resolved c. That a convenient number of Ships shall be provided for the Guarding of the Sea-Coasts of Ireland Resolved c. That the House of Commons holds it fit that Six Thousand Foot and Two Thousand Horse shall be raised with all convenient speed for the present Expedition into Ireland Resolved c. That such Officers shall be forthwith sent over into Ireland for the Commanding of Men there as shall be thought fit by the Lord Lieutenant of Ireland with the approbation of both Houses of Parliament Resolved c. That a Magazine of Victuals shall be forthwith provided at West-Chester to be sent over to Dublin as the Occasion of that Kingdom shall require Resolved c. That the Magazin of Arms Ammunition and Powder at Carlisle shall be forthwith sent over to Knockfergus in Ireland Resolved c. That in Bristol and West-Chester and one other Port in Cumberland Magazines of Arms Ammunition Powder and Victuals shall be provided to be Transported into the next convenient Ports of Ireland as the Occasions of that Kingdom shall require Resolved c. That all Arms Ammunition and Powder in the Magazine at Hull Except such a proportion of Powder Bullet and Match as shall be thought fit for Supply of the Northern Counties as Occasion shall require be Transported to the Tower of London Resolved c. That a convenient Number of Engineers and Gunners shall be sent into Ireland Resolved c. That a Post shall be set up between Beaumarish and Holy-head Resolved c. That it be referred to the Kings Councel to consider of some fit way and to present it to the Houses for a Publication to be made of Rewards to be given to such as shall do Service in this Expedition into Ireland and for a Pardon of such of the Rebels in Ireland as shall come in by a time limited and of a Sum of Money to be appointed for a Reward to such as shall bring in the Heads of such principal Rebels as shall be nominated Resolved c. That Letters shall be forthwith sent to the Justices in Ireland to acquaint them how sensible this House is of the Affairs in Ireland and what Care they have taken for the Occasion of Ireland Resolved c. That the House of Commons holds it fit that a Drum shall be forthwith beaten for the calling in of Volunteers for this Service for Ireland Ordered That Directions be given for the Drawing a Bill for the Pressing of Men for this particular Service for Ireland and Mr. Serjeant Wild is desired to prepare a Bill for that purpose Ordered That the 11000 l. in ready Cash in the Chamber of London shall be forthwith paid over to the Lord Lieutenant of Ireland for the present Occasions of that Kingdom and that the Commissioners and Treasurers appointed in the Act grant forth their Warrants and Orders accordingly Ordered That the Officers and Customers of the several Ports of this Kingdom towards Ireland do make diligent Search in all Trunks and other Carriages that come to be Transported from England to Ireland that belong to any Papist or suspected person and particularly that those Trunks sent by Exeter shall be stayed and searched Ordered That the Committee for Irish Affairs of the House of Commons shall propound to the Committee of Lords to prepare Heads to be considered of how and in what manner this Kingdom shall make use of the Friendship and Assistance of Scotland in this business of Ireland After this the Lord Bishop of Lincoln acquainted the House with a draught of a Declaration to be sent into Ireland to the Lords Justices with a Letter from the Speakers of both Houses of Parliament which was read in haec verba The Declaration THe Lords and Commons in this present Parliament being advertized of the dangerous Conspiracy and Rebellion in Ireland The Declaration of the English Parliament about the Irish Rebellion by the treacherous and wicked Instigation of Romish Priests and Jesuits for the bloody Massacre and Destruction of all the Protestants living there and other his Majesties Loyal Subjects of English Blood though of the Romish Religion being antient Inhabitants within several Counties and Parts of that Realm who have alwayes in former Rebellions given Testimony of their Fidelity to this Crown and for the utter depriving of his Royal Majesty and the Crown of England from the Government of that Kingdom under pretence of setting up the Popish Religion have thereupon taken into their Serious Consideration how these Mischievous Attempts might be most Speedily and Effectually prevented wherein the Honour Safety and Interest of this Kingdom are most nearly and fully concerned Wherefore they do hereby Declare That they do intend to serve his Majesty with their Lives and Fortunes for the Suppressing of this Wicked Rebellion in such a way as shall be thought most Effectual by the Wisdom and Authority of Parliament And thereupon have ordered and provided for a present Supply of Moneys and raising the number of 6000 Foot and 2000 Horse to be sent from England being the full proportion desired by the Lords Justices and his Majesties Councel Resident in that Kingdom with a Resolution to add such further Succours as the Necessity of those Affairs shall require They have also resolved of providing Arms and Munition not only for those Men but likewise for his Majesties Faithful Subjects in that Kingdom with Stores of Victuals and other Necessaries as there shall be occasion and that these Provisions may more conveniently be Transported thither they have appointed Three several Ports of this Kingdom that is to say Bristol West-Chester and one other in Cumberland where the Magazines and Store-Houses shall be kept for the Supply of the several Parts of Ireland They have likewise Resolved to be humble Mediators to his Majesty for the Encouragement of those English or Irish who shall upon their own Charges raise any number of Horse or Foot for his Service against the Rebels that they shall be honourably rewarded with Lands of Inheritance in Ireland according to their Merits and for the inducing the Rebels to repent of their wicked Attempts they do hereby commend it to the Lord Lieutenant of Ireland or in his absence to the Lord Deputy or Lords Justices there according to the Power of the Commission granted them in that behalf to bestow his Majesties Gracious Pardon to all such as within
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
and thrie Borrowis to meet the Erle of Eglingtowne at thrie Howris afternoon to take to thair Consideration be way of Estimation or Conjecture the Nombre of Bottis or Lime Faddis which in the Partis of this Kingdom lying opposite to Ireland may be had in readiness and what Nombre of men may be Transported thairin and to report again to the Parliament Vera Copia GIBSON After which was read An Information from Chester against two Irish Men. a Packet of Letters directed to the Lords in Parliament sent from the Maior of Chester wherein was an Information upon Oath taken by the Maior and Aldermen of one Thomas Cremer of Graies-Inn Gent. Dated the 30th of October last That he meeting with a Gentleman that calleth himself by the Name of Magenes Brother to the Lord Magenes at the House of Widdow Belson in Weston upon some Conference betwixt them the said Magenes told the said Cremer that he was to go for Ireland being lately come from Spain to see my Lord Mac-guire and that he was sent for thither and further said That he hoped ere long that the Irish would drive out the Scots out of Ireland and that there is a Business that you would not think of And said to the said Cremer that he had returned 8 or 900 l. out of London into Ireland to raise Forces for the King of Spain And also saith that there was one other in Company of the said Magenes which called himself by the Name of Readmond Yesternight in the Company of the said Cremer who drunk a health to the Confusion of the Protestants in Ireland and that the aforesaid Magenes further said That since the Business was discovered he would go to London along with the said Cremer if he would lend him some Mony And further Cremer saith that the said Magenes hearing of the Rebellion in Ireland said That he was very glad and joyful of the News and that he liked very well of it and that he would give any thing to be in Ireland and did shew himself to be very angry with the Master of the Ship in which he intended to go for Ireland for neglecting the Wind saying he might meet with him in Ireland where a Man might be revenged on such Fellows but afterwards the said Magenes hearing that my Lord Macguire was taken seemed to be very sorrowful and said to the said Cremer That since it is discovered he would go to London along with him if he would lend him some Money Tho. Cowper Major Will. Gamull Tho. Cremer Nich. Ivie c. Whereupon it was Ordered That the said Arthur Magenes and Readmond Comyn being now under restraint in the City of Chester shall be forthwith brought in safe Custody by the Sheriffs of the said City and appear before the Lords in Parliament to answer the aforesaid Information and then this House will give such further Order and Directions therein as shall be agreeable to Justice The Lord Seymour Reported to the House That he had according to their Lordships Command presented the Message from this House to the Queen concerning Robert Phillips and Her Majesty returned this answer viz. My Lords THe Message I received from you by my Lord Seymour The Queens Answer concerning Father Phillips I have taken into serious Consideration and do not a little wonder that Father Phillips should so much forget himself as I find he hath done by the Message sent unto me which I am so far from approving as I cannot but be sorry he hath done it I must acknowledg your Respects unto me in giving Me Satisfaction of your Proceedings therein if I did not believe what is done by him is out of Simplicity I should not speak for him You all know how near he is unto me by that place which he holds and if it shall appear unto you that he hath not maliciously done any thing against the State if for my Sake you shall pass by his present Offence I shall take it as a further Testimony of your farther Respects unto me which I shall be ready to acknowledg upon all Occasions thaâ— shall be offered Whereupon it was Ordered to have a Conference with the House of Commons to acquaint them with this Answer of the Queens This day an Ordinance of Parliament to give Power to the L. Lieutenant of Ireland to give Commissions and to raise Men for Ireland having been read yesterday Saturday Novemb. 6. and passed in the Commons House was also read and passed by the Lords as followeth viz. THe Lords and Commons in Parliament An Ordinance of Lords and Commons to enable the E. of Leicester to raise men for Ireland being very sensible of the great Danger and Combustion in Ireland by reason of the multitude of Rebels now in Arms for the destruction of His Majesties Loyal Subjects there and the withdrawing that Kingdom from the Allegiance of His Majesty and the Crown of England and forasmuch as in this time of His Majesties absence his Royal Commission cannot be so soon obtained as the necessity of that Kingdom doth require and for more speedy opposing the wicked and Trayterous attempts of the Rebels there and for that His Majesty hath especially recommended the care of the preservation of that Kingdom unto both the Houses of Parliament do hereby Ordain and Authorize Robert Earl of Leicester Lord Lieutenant of Ireland by Warrant under his Hand and Seal to give one or more Commissions to such Captains Commanders and other Officers as to his Lordship shall seem Expedient for the Levying of 3500 Foot and 600 Horse by the beating of Drum of such Persons as shall voluntarily undertake the same Service by accepting of Prest-mony which persons are to be raised in such several Parts of the Kingdom as shall be most convenient for their passage into the Parts of Ireland which his Lordship shall think most necessary to be forthwith supplied and for the furnishing of the same Men as also of other of his Majesties Subjects in that Kingdom we have Ordained that the Earl of Newport Master of His Majesties Ordnance shall deliver a number of Arms Munition and Powder answerable unto the said Lord Lieutenant of Ireland to be disposed of as he shall think fit for the best defence of that Kingdom and for the Levying of the said number of Men this Ordinance of Parliament shall be his sufficient Warrant The Ordinance to enable the Lord Newport to deliver the Arms and Ammunition was also read and passed as the other in these Words FOrasmuch as it is held most expedient and necessary for the safety of His Majesties Kingdom of Ireland The Ordinance of the Lords and Commons to enable the Master of the Orduance to deliver Arms c. to the Lieutenant of Ireland and his Loyal Subjects there that such numbers of Soldiers both Horse and Foot as are forthwith to be raised for the defence of that Kingdom should be supplied with Arms and other Munition
the Earl of Leicester Lord Lieutenant of Ireland making some scruple of raising Men to be imployed in the busness of Ireland without the King's Commission and his Lordship desiring to have the Authority of the Parliament for the same in the mean time It is thought fit and so Ordered by the Lords in Parliament according to the Power given unto them by His Majesty mentioned in an Order dated the sixth of November 1641. That the said Lord Lieutenant shall have full power by virtue of this Order to Levy Men according to the Order given him from the Parliament in the interim until His Majesty shall grant him a Commission under the Great Seal of England for his Warrant for so doing The House of Commons did also take notice of the Doubt of the Earl but notwithstanding did resolve and think fit that he should proceed to raise men for the Service by Virtue of the Ordinance of Parliament It was also Ordered by the Lords and Commons A Council of War for the Affairs of Ireland That the Lord Viscount Wilmot Sir John Conyers Sir Jacob Ashly Sir Simon Harcourt Sir John Heyden Sir Foulk Hunks Sir Thomas Glemham Sir Robert King Colonel Culpeper Colonel Vavasor Lieutenant Colonel Ballard and Captain Skippon shall be Assistants as a Council of War to the Committees of both Houses of Parliament appointed for the Affairs of Ireland and have full Power by virtue of this Order to meet and consider of the present state and condition of the said Kingdom and also of an Establishment for the Army Lords agree with the Commons to put the Laws against the Papists in Execution speedily The Lords then entred upon the Consideration of the Proposition sent from the Commons concerning securing the Persons of Popish Recusants and after a long Debate the Result was this That whereas the House of Commons desired that the persons of the Romish Recusants for the safety of the Kingdom might be secured this House doth consent with them therein and Orders That the Laws of this Kingdom shall be put into Execution against them presently Upon the desire of the Commons by Mr. Pym Letters from France and Antworp stopped it was Ordered by the Lords That the Foreign Letters from France and Antwerp be stopped and perused by the Lords Committees for opening Letters there being as Mr. Pym said ground and intelligence that those Letters will discover some Root of the Rebellion in Ireland The Declaration of the State of the Kingdom was also this day read and it was moved that a Consideration of these particulars might be added and which is very uncommon I find in the Margin of the Journal the Names of the Persons which made the several Motions which in regard it is to be supposed they did it in futuram rei Memoriam that Posterity might not hereafter be to seek for their Names I will take care to transmit them down to future Ages but whether they will have Statutes Erected for the Achievement I cannot promise unless it be of Infamy Moved That the last Expedition into Germany J. C. but whether Corbet or Clotworthy I cannot tell The Loans upon Privy Seals The Commission of Excise might be added The Additional Explanation to the Petition of Right Palmer I suppose The Declaration set forth upon the Breach of both Parliaments Strode The Proclamation set forth Wingate forbidding People so much as to talk of a Parliament Gun-Powder Monopoly J. C. as it was a Project for the disarming of the Kingdom The destruction of Timber Wildt especially in the Forrest of Dean by Recusants The Entituling the King to the Lands between High-Water J. C. and Low-Water mark The abuses of Purveyors and Salt-Petre men Whitlock The Commission of Sewers to be further Explained Cromwel The Court of Wards Smyth The Jurisdiction of the Council of the Marches The Council Table as they take Cognizance of Me Te. The Buying and Selling of Honours and Dignities The further Debate ordered to be resumed to Morrow The Lord Keeper Reported the Conference with the Commons Yesterday That Mr. Pym delivered by Command divers Heads agreed upon by the Commons Wednesday Novem. 10. which are Instructions to be sent to the Commissioners of both Houses now attending his Majesty in Scotland which they desire their Lordships to joyn with them in The Instructions were read in haec verba 1. YOu shall humbly inform his Majesty Instructions to the Commissioners in Scotland Nov. 10th 1641. That the Propositions made to the Parliament of Scotland concerning their Assistance for suppressing the Rebellion in Ireland hath been fully considered and debated by both Houses of Parliament here and their Wise and Brotherly Expressions and Proceedings are apprehended and Entertained here by us not only with Approbation but with Thankfulness Wherefore we desire that his Majesty will be pleased That You in the Name of the Lords and Commons of England give publick Thanks to the States of the Parliament of Scotland for their Care and Readiness to imploy the Forces of that Kingdom for the reducing the Rebellious Subjects of Ireland to their due Obedience to his Majesty and the Crown of England 2. You shall further make known to his Majesty That in the great and almost Vniversal Revolt of the Natives of Ireland cherished and fomented as we have Cause to doubt by the Secret Practices and Encouragements of some Forreign States ill-affected to the Crown and that the Northern Parts of that Kingdom may with much more Ease and Speed be supplied from Scotland than from England We humbly desire and beseech his Majesty to make Vse of the Assistance of his Parliament and Subjects of Scotland for the present Relief of those Parts of Ireland which lie nearest to them according to the Treaty agreed upon and confirmed in both Parliaments and this Affectionate und Friendly Disposition now lately Expressed as is more particularly specified in the 5th Article 3. You shall present to His Majesty the Copy Enclosed of the Declaration which We have sent into Ireland for the Encouragement of his good Subjects there and for the more speedy and Effectual opposing of the Rebels and in Execution and performance of our Expressions therein made of Zeal and Faithfulness to his Majesties Service We have already taken Care for 50000 l. to be presently Borrowed and Secured by Parliament We have likewise resolved to hasten the Earl of Leicester Lord Lieutenant of Ireland very speedily to repair thither and forthwith to raise a Convenient number of Horse and Foot for securing Dublin and the English Pale with such other Parts as remain in his Majesties subjection intending to second them with a far greater Supply 4. We have further Ordered and Directed That his Majesties Arms and Munition lying in the City of Carlisle shall be Transported into the North Parts of Ireland for the supply of Carrick-fergus and other his Majesties Forts and
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
a full and just satisfaction for the same do hereby declare That this said Sum of 50000 l. lent for the Irish Affairs and the Sum of 50000 l. more lent by the said City unto the Peers attending His Majesty in the Northern Parts before the beginning of this present Parliament and such other Sums lent by the said City unto this Parliament which are not yet paid or otherwise secured shall be fully satisfied and repaid unto the said City of London with Interest after the rate of 8 l. per cent for a Year out of such Moneys as are or shall be raised by Authority of Parliament and for that purpose will Exhibit a Bill and become humble Suiters to His Majesty that the same may be passed with all Expedition Provided always that this present Declaration shall not be in any wise prejudicial to any Members of the said House of Commons who have formerly lent any Sums of Money to this Parliament nor to the Northern Counties nor to any persons whatsoever to whom the Houses of Parliament or the House of Commons have formerly Ordered the Payment of any Sums of Mony nor to any security given to them before the making of this Declaration Mr. The Commons Reasons for the Continuance of Guards Pym presents from the Committee the Reasons of both Houses of Parliament for the continuance of a Guard viz. 1. The great numbers of disorderly suspicious and desperate Persons especially of the Irish Nation lurking in obscurâ—â— Allies and Victualling Houses in the Suburbs and other places near London and Westminster 2. The Jealousie conceived upon the discovery of the Design in Scotland for the surprising of the Persons of divers of the Nobility Members of the Parliament there which had been spoken of here some few days before it broke out not without some whispering intimation that the like was intended against divers Persons of both Houses which found more Credit by reason of the former attempts of bringing up the Army to disturb and inforce this Parliament 3. The Conspiracy in Ireland managed with so much secresie that but for the happy discovery at Dublin it had been Executed in all parts of the Kingdom upon one and the same day or soon after and that some of the chief Conspirators did profess that the like course was intended in England and Scotland which being found in some degree true in Scotland seemed the more probable likewise to be done in England 4. Divers Advertisements from beyond the Seas which came over about the same Time that there would be a great alteration in Religion in England in a few days and that the necks of both the Parliaments should be broken 5. Divers Examinations of dangerous Speeches of some of the Popish and discontented party in this Kingdom 6. The secret Meetings and Consultations of the Papists in several Parts their frequent Devotions for the prosperity of some great Design in hand These several Considerations do move the Parliament to desire a Guard under the Command of the Earl of Essex and they do conceive there is just Cause to apprehend that there is some wicked and mischievous practice to interrupt the peaceable proceedings of the Parliament still in hand for preventing whereof it is fit the Guards should be still continued under the same Command or such other as they should chuse But to have it under the Command of any other not chosen by themselves they can by no means consent to and will rather run any hazard then admit of a Precedent so dangerous both to this and to future Parliaments And they humbly leave it to His Majesty to consider whether it will not be fit to suffer his High Court of Parliament to enjoy that Priviledge of providing for their own safety which was never denied other inferior Courts And that he will be pleased graciously to believe that they cannot think themselves safe under any Guard of which they shall not be assured that it will be as faithful in defending His Majesties safety as their own whereof they shall always be more careful then of their own Among all these Reasons here is not one word of Beal the Taylors Discovery of the 108 Men which for 40 s. apiece were to do such strange things it seems by this time they found it an incredible Story and it is very probable that if the other grounds of their fears did not proceed from their own Quiver yet if they had Examined them they would have found them as frivolous as that or the Scotch Design against Hamilton and Arguile which upon the strictest Scrutiny would not afford more proof then to make a noise about the Streets of Plots against the Parliament the better to incite the unruly Multitude to Tumults and Insurrections which they now began to raise again to cry out No Bishops and with unheard of Insolence to affront His Majesty and whoever was Loyal But the King having Ordered them a Guard of the Trained Bands they were so displeased not at the thing for they had made use of them before but at His Majesties appointing them that it was Ordered in the House of Commons That the Guard should be dismissed and without giving His Majesty an Account or presenting him with the Reasons above recited the very same day Mr. Glyn and Mr. Wheeler were Ordered to require the High Constable of Westminster to provide a strong and sufficient Watch in their stead But to make a little flourish of Loyalty and tenderness for the King's Honour and Reputation it was this day Ordered That a Declaration be drawn for clearing His Majesties honour from false Reports cast upon him by the Rebels in Ireland and a Provision to be made Order for a Declaration to clear the Kings Honor from the Scandals of the Irish Rebels that there may be no Conclusion of that War to the prejudice of this Kingdom There might be malice even in this seeming kindness for whilst they pretended to vindicate His Majesties Honour they divulged the Scandal to the whole Nation and by their subsequent Actions and Declarations which within a little while after they published to improve the belief of that Scandal one would think they intended to prepare the way for it by this plausible pretence of a Vindication And most certainly they could intend him no real Reparation when themselves were this Day resolved to defame his Government from the very beginning of his Reign by that Scandalous Remonstrance of the State of the Kingdom for this very Day Mr. Pym Sir Symon D'Ewes The Names of the Committee who were appointed to deliver the Remonstrance Sir Arthur Ingram Sir John Thyn Sir Henry Bellasis Lord Gray Sir Christopher Wray Lord Fairfax Sir Ralph Hopton Sir Richard Winn Sir John Corbet Sir Edward Deering and Sir Arthur Haslerig were Ordered to wait upon his Majesty what time he appoints with the Petition and Declaration and indeed all their Actions seemed to carry Fire in one Hand and
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
out of the Kingdom some into New England and other parts of America others into Holland where they have transported their Manufactures of Cloth which is not only a loss by diminishing the present stock of the Kingdom but a great mischief by impairing and endangering the loss of that peculiar Trade of Cloathing which hath beâ—n a plentiful Fountain of Wealth and Honour to this Nation Those were fittest for Ecclesiastical preferment and soonest obtained it who were most officious in promoting superstition most virulent in railing against Godliness and Honesty The most Publick and Solemn Sermons before his Majesty were either to advance Prerogative above Law and decry the Property of the Subject or full of such kind of Invectives whereby they might make those odious who sought to maintain the Religion Laws and Liberties of the Kingdom and such Men were sure to be weeded out of the Commission of the Peace and out of all other Imployments of Power in the Government of the Country Many noble Personages were Counsellors in Name but the Power and Authority remained in a few of such as were most addicted to this Party whose Resolutions and Determinations were brought to the Table for Countenance and Execution and not for Debate and Deliberation and no Man could offer to oppose them without Disgrace and Hazard to himself Nay all those that did not wholly Concur and Actively Contribute to the furtherance of their Designs though otherwise Persons of never so great Honor and Abilities were so far from being Imployed in any Place of Trust and Power that they were Neglected Discountenanced and upon all Occasions Injured and Oppressed This Faction was grown to that Hight and Intireness of Power that now they began to think of Finishing their Work which confisted of these three Parts 1. The Government must be set free from all restraint of Laws concerning our Persons and States 2. There must be a Conjunction betwixt Papists and Protestants in Doctrine Discipline and Ceremonies only it must not yet be called Popery 3. The Puritans under which Name they include all those that desire to preserve the Laws and Liberties of the Kingdom and to maintain Religion in the Power of it must be either rooted out of the Kingdom with force or driven out with fear For the effecting of this it was thought necessary to reduce Scotland to such Popish Superstitions and Innovations as might make them apt to joyn with England in that great Change which was intended Whereupon new Canons and a new Liturgy were prest upon them and when they refused to admit of them an Army was raised to force them to it towards which the Clergy and the Papists were very forward in their Contribution The Scots likewise raised an Army for their Defence And when both Armies were come together and ready for a bloody Encounter His Majesties own gracious Disposition and the Councel of the English Nobility and dutiful Submission of the Scots did so far prevail against the Evil Counsel of others that a Pacification was made and His Majesty returned with Peace and much Honor to London The unexpected reconciliation was most acceptable to all the Kingdom except to the Malignant Party whereof the Archbishop and the Earl of Strafford being Heads they and their Faction begun to inveigh against the Peace and to aggravate the Proceeding of the States which so incensed his Majesty that he forthwith prepared again for War And such was their Confidence that having corrupted and distempered the whole Frame and Government of the Kingdom they did now hope to corrupt that which was the only Means to restore all to a right frame and temper again to which end they perswaded His Majesty to call a Parliament not to seek Counsel and Advice of them but to draw Countenance and Supply from them and engage the whole Kingdom in their Quarrel and in the mean time continued all their unjust Levies of Money resolving either to make the Parliament pliant to their Will and to establish Mischief by a Law or else to break it and with more Color to go on by Violence to take what they could not obtain by Consent The Ground alledged for the Justification of this War was this That the undutiful Demand of the Parliament of Scotland was a sufficient Reason for His Majesty to take Arms against them without hearing the Reason of those Demands And thereupon a new Army was prepared against them their Ships were seized in all Ports both of England and Ireland and at Sea their Petitions rejected their Commissioners refused Audience This whole Kingdom most miserably distempered with Levies of Men and Money and Imprisonments of those who denied to submit to those Levies The Earl of Strafford past into Ireland caused the Parliament there to declare against the Scots to give four Subsidies towards that War and to ingage themselves their Lives and Fortunes for the Prosecution of it and gave Directions for an Army of eight thousand Foot and one thousand Horse to be levied there which were for the most part Papists The Parliament met upon the thirteenth of April one Thousand six Hundred and Forty The Earl of Strafford and Archbishop of Canterbury with their Party so prevailed with His Majesty that the House of Commons was prest to yield to a Supply for maintenance of the War with Scotland before they had provided any Relief for the great and pressing Grievances of the People which being against the Fundamental Privilege and Proceeding of Parliament was yet in humble Respect to his Majesty so far admitted as that they agreed to take the Matter of Supply into Consideration and two several Days it was debated Twelve Subsidies were demanded for the release of Ship-Money alone A third Day was appointed for Conclusion when the Heads of that Party begun to fear the People might close with the King in satisfying his desire of Money But that withal they were like to blast their malicious Designs against Scotland finding them very much indisposed to give any Countenance to that War Thereupon they wickedly advised the King to break off the Parliament and to return to the Ways of Confusion in which their own evil Intentions were most like to prosper and succeed After the Parliament ended the Fifth of May one thousand six hundred and forty this Party grew so bold as to counsel the King to Supply Himself out of His Subjects States by his own Power at his own Will without their consent The very next day some Members of both Houses had their Studies and Cabinets yea their Pockets searched Another of them not long after was committed close Prisoner for not delivering some Petitions which he received by Authority of that House and if harsher Courses were intended as was reported it is very probable that the sickness of the Earl of Strafford and the Tumultuous rising in Southwark and about Lambeth were the Causes that such violent Intentions were not brought to Execution A false and scandalous
Manner how full of Advantage it would be to himself to see his own Estate setled in a plentiful Condition to support his Honor to see his People united in Wayes of Duty to him and indeavours for the Publick Good to see Happiness Wealth Peace and Safety derived to his own Kingdom and procured to his Allies by the Influence of his own Power and Government That all good Courses may be taken to unite the two Kingdoms of England and Scotland to be mutually Aiding and Assisting one another for the common Good of the Island and the Honor of both to take away all Differences among our Selves for Matters indifferent in their own Nature concerning Religion and to unite our selves against the Common Enemies which are the better enabled by our Divisions to destroy us as they hope and have often indeavoured to labor by all Offices of Friendship to unite the Foreign Churches with us in the same Cause and to seek their Liberty Safety and Prosperity as bound thereunto both by Charity to them and by Wisdom for our own Good For by this means our Strength shall be increased and by a mutual concurrence to the same common end we shall be enabled to procure the good of the whole Body of the Protestant Profession If these things may be observed we doubt not but God will Crown this Parliament with such Success as shall be the Beginning and Foundation of more Honour and Happiness to his Majesty then ever yet was enjoyed by any of his Royal Predecessors A Habeas Corpus was this day also Ordered to be sent down to remove one William Chorley from Lancaster Goal Thursday December 2. to be Examined of Matters of great Consequence His Majesty came this day to the House of Lords to pass the Bill for Tonnage and Poundage and being sate in the Chair of State the King gave Command to the Gentleman-Usher to give the House of Commons notice to come up who being come after three Obeysances made their Speaker made this Speech as followeth Most Dread Sovereign THe Observation taken from the unlike Compositions The Speakers Speech at the Passing the Bill for Tonnage and Poundage Dec. 2. 1641. and various Motions of the World made the Philosophers conclude Tota hujus Mundi Concordia ex Discordibus constat The happy Conjuncture of both these Nations in the Triumph and Joy of your Sacred presence extracted from the different and divided Opinions give us cause to observe and admire these blessed Effects from such contrary Causes We may without Flattery commend your Sacred Majesty as the glorious Instrument of this happy Change whose Piety and Prudence directed by the hand of God hath contracted this Vnion from those various discords * * Most undoubtedly Especially that Rebellion should be esteemed Loyalty and the Ruin of the Church a Reformation The story of these times will seem Paradoxes in following Generations when they shall hear of Peace sprung from the Root of Dissention of Vnion planted upon the stock of Divisions two Armies in the Field both ready to strike the first blow and both united without a stroke Nothing can reduce these Truths into a belief but the knowledge of your Piety and Justice who have accomplished these Acts of Wonder by Goodness and Gentleness without Force or Violence This way of Conquest this Bellum Incruentum hath been the Rule of the most Valiant and Puissant Monarchs advancing Your Glory in the safeguard of one Subject more then in the Death of a Thousand Enemies Thus have you Erected a Monument of Glory to your Sacred Memory for all Generations And as your Care and Piety for the welfare of your Northern Kingdom called you to that Work for the great Comfort of your People which your wisdom hath so happily consummated so now the Distemper of your other Kingdom fomented by the same Spirit whose presence admits no Peace in Israel calls on your Providence to heal the Diseases of that Nation The one from whence you returned hath with Abel though the younger Brother offered an acceptable Sacrifice the other with Cain hath Erected Altars of Blood and Revenge the Innovations of Jesuitical Priesthood which Invokes the necessity of your Justice the one to a Natural hath added a Politic Brotherhood the other of Brothers I am sorry to say it are become Strangers The Fidelity of the one hath written a story of Admiration to the World the Disloyalty of the other hath Parallel'd that horrid Design matchless before amongst all Generations first their Intentions the destruction of a Kingdom even when Vnity and Peace was tying the knot of Religion and Safety In the Discovery a moment of time prevented the Execution In the Actors Jesuits and Priests without whom the malice of the Devil could not have found a Party in the World fitted to act over the like bloody Tragedy But this among our many Joys we receive by your happy return is not the least That that Providence which protected that Gracious King your most Religious Father from their bloody attempts and encreased the blessing of a long and happy Reign hath also defended your Sacred Throne from all their Machinations Thus we see Religion is the greatest Policy the never-failing support of King and Kingdom that which firms you and your Posterity to your Throne and our Duty and Obedience to it Give me leave here most Gracious Sovereign to sum up the sense of 11 Months Observation without intermission scarce of a day nay an hour in that day to the hazard of Life and Fortune and to reduce all into this Conclusion The endeavours of Your Commons Assembled guided by Your Pious and Religious Example is to preserve Religion in its Purity without Mixture or Composition against these subtile Invaders and with our Lives and Fortunes to Establish these Thrones to your Sacred Person and those Beams of Majesty Your Royal Progeny against all Treason and Rebellion The Way that conduces to this End are the Defence of the Land and Sea for the one we have already Voted to raise Mony for the other this Bill in some Measure will accomplish for a little time and to that end I by the Command of the Commons humbly beseech Your Royal Assent This being done the Bill was passed by His Majesty according to the usual and accustomed Form Then the King made this ensuing Speech My Lords and Gentlemen I Think it fit The King's Speech after his Return from Scotland Dec. 2. 1641. after so long absence at this first occasion to speak a few words unto you But it is no ways in Answer to Mr. Speaker's Learned Speech Albeit I have stayed longer than I expected to have done when I went away yet in this I have kept my promise with you that I have made all the haste back again that the setling of My Scotch Affairs could any ways permit In which I have had so good success that I will confidently affirm to you that I have
speed as the weightiness of the business will permit And so He gave us all his Hand to kiss and afterwards sent Mr. Comptroller to us with this Message to be delivered to the House That there might be no publishing of the Declaration till the House had received his Majesties Answer We were all Entertained by Mr. Comptroller with great Respect and Lodged by the King's Harbinger This Day Mr. Mr. Jarvaise Hollis restored to his place in the House of Commons Jervaise Hollis who had formerly been Expulsed the House for a Speech which he made with a great strength of Reason and Courage but more heat than the Times would bear against the tame Compliances with the Scottish Army then in England was restored to his place to sit as a Member of the House of Commons The Debate about the Tumults was as it had been the day before adjourned till to morrow The Earl of Bath Reported the Conference had this Day with the Commons That they did let their Lordships know Friday Decemb. 3. Ammunition sent from the Tower for Ireland That whereas there were divers Waggons and Carts loaden with Arms and Ammunition from the Tower of London to be conveyed to West-Chester and to be Shipped for Ireland which were but slenderly Guarded therefore they desire that their Lordships would be pleased to joyn with them to move his Majesty to give Order to the Sheriffs of the several Counties through which they are to pass That they may be guarded safely to West-Chester To which the Lords agreed Also That Information was given That a Ship was lately discovered in Milford Haven loaden with Arms and Ammunition and that it is reported the Men in her be French-men but they speak English and that another Ship as they are informed is in the Haven of Aberdoney in Cardiganshire and the Men buy up the Provisions of that Country That two Men which were in that Ship they understand are now in Town Whereupon the Lords Ordered that they should be sent for to be Examined concerning this business It will possibly to some persons appear very superfluous to take notice of such trifling passages as these Informations and the Necessity of Guarding the Waggons to West-Chester but it is to be considered That as trifling as these things now may seem to be the Faction industriously pickt up all such Informations and made Extraordinary Use of these little Arts to facilitate their Great Design for now the Kingdom was to be put into a Posture of Defence as they termed it that was they intended to wrest from the King the Power of the Sword the Militia of the Nation and nothing could be more serviceable to them in amusing the People with imaginary Dangers of French Ships laden with Arms and Ammunition and French-men that speak English and consequently Fears of Forreign Invasions c. than these stories which being spread abroad and sufficiently magnified by running from hand to hand gave a Countenance to their unjust Demands of settling the Militia and puting the Kingdom into this Posture of Defence The King having acquainted the Lords That Certain Commissioners were come from Scotland to Treat with both Houses of Parliament concerning the Assistance for Ireland Commissioners of both Houses appointed to treat with the Scots Commissioners concerning Assistance for Ireland and to settle all the Condition and State of the Warr the Lords Appointed and Nominated the Earl of Bedford and the Earl of Leicester Lord Lieutenant of Ireland and the Lord Howard of Escrick and the Commons Nathanael Fynes Esquire Sir William Armyn Baronet Sir Phillip Stapleton Knight and John Hampden Esquire to be Commissioners to be Empowered by the King's Commission to Treat with the said Scottish Commissioners who were to acquaint his Majesty and the Parliament with their Proceedings before they came to any final Conclusion The Councel of the Impeached Bishops were called in to be heard in that affair who informed their Lordships The Bishops Plea and Demurrer to be argued Tuesday Dec. 7. That the Cause will not be fit for hearing until the Bishops have put in their Answers for until then there can be no Issue joyned and they conceive no Answer can be made until the Charge be particular therefore the Bishops abide by their Plea and Demurrer Whereupon the House Ordered That the Councel for the Bishops shall be heard at the Barr what they can say in maintenance of the Plea and Demurrer to the Impeachment brought up from the House of Commons against the Bishops on Tuesday the 7th of this instant December at which time and place the House of Commons or such of their Members as they shall appoint may be present if they please And a Message was sent by Sir Robert Rich and Dr. Bennet to acquaint them with this Order Phillips the Priest was this Day according to a former Order Bailed Phillips the Priest bailed upon conditions not to go to Court c. as before Two Bills were brought up from the Commons by Sir William Lewis the One Entituled An Act for the better raising and levying of Soldiers for the present Defence of the Kingdoms of England and Ireland The other For Relief of Captives taken by Turkish Pyrates and to prevent the same for the time to come Little of moment passed in the Commons House besides the reading and passing the above named Bills and Messages before recited about the Bishops c. only St. Germain the French man released the Debate of the Tumults was again put off till to morrow and Monsieur St. Germain a French-man whose close Imprisonment with strict Orders That no person should speak with him but in the presence of a Keeper c. which had made a mighty noise about the Town and so answered the design why he was taken up was this day by Order of the Commons discharged from his Imprisonment This day Sir George Whitmore Mr. Cordall Mr. Soame Mr. Gayer Several Aldermen with the Sheriffs and Recorder of London attend the King at Hampton-Court Mr. Garret Mr. Wollaston and the two Sheriffs of London being all Aldermen of the same City together with the Recorder by virtue of an Act of Common Council attended his Majesty at Hampton-Court to render him the Thanks of the City for his gracious favour done them by affording them his Royal Presence and giving so great Testimonies of his Affection and Kindness to the City They were conducted to His Majesty by the Earl of Dorset Lord Chamberlain to the Queen and Sir Peter Wiche Comptroller to his Majesty where after they had returned the Humble Thanks of the City to his Majesty for his former Favours they offered these two humble Petitions First That their Majesties would vouchsafe this Honor to the City if it might stand with their good Pleasures to make their Residence at this Season of the Year at the Palace of Whitehall The Second was That whereas since his Majesties happy Return
so in all Courts of Justice in all manner of Pleadings Answering and Replying else abundance of mistakes would happen of all sides which the presence of the Parties might prevent As for Example in this particular Had the House of Commons been present there had not happened so many Jeofailes and Mistakes And because Demurrers arise ordinarily from the incertainty of the Charge the second Impeachment was of purpose brought in to avoid incertainties because the particulars omitted in the first were supplied in the second The Book was appended to the second but not to the first Impeachment but the second was not entred as it was delivered and so this Cause of so much Consequence hath been delayed 2. Because posito sed non concesso put the Case the Commons ought not to be called upon and to be present at other defences yet ought they to be in all defences made in this Case because they had conceptis verbis in precise words desired it which they did because this is a Fecit aut non fecit a meer matter of Fact and the Bishops ought to have clearly answered such a matter of Fact that the House of Commons might presently have descended to their Proofs according to the Old Law Est non est de omni re verum est That the House of Commons had Commanded him to put their Lordships in mind That long time given in Causes of this Nature produce great Inconveniences and that this kind of proceeding is not presidented in former Parliaments for this Course would keep all Causes from being Heard and Delinquents from being Questioned Super totam materiam he demanded in the Name of the House of Commons one of these 3 things to be granted 1. That the Demurrer might be rejected 2. That their Lordships would proceed to Judgment 3. Or at least that the House of Commons might be admitted to make their proof without further delay This being done the Councel for the Bishops were called in and heard the second Impeachment of the 13th of August last read and then the Councel desired some short day to consider what Answer the Bishops should make thereunto Hereupon it was Ordered That the 13 Bishops impeached shall put in their Answers to the aforesaid Impeachment on Saturday next or Resolve whether they will abide by their Plea and Demurrer In the House of Commons a Petition of several Officers of the late Army was read to remind the House of their promise concerning the Payment of their Arrears but nothing was done upon it The Bill for waving of Protections was also Reported and Ordered to be re-committed A Bill was also brought in for making Lord General of all the Forces within the Kingdom of England and Dominion of Wales A Bill for a L. General and L. High Admiral read and rejected and Lord High Admiral of England and being read it was put to the Question for a second Reading thereupon the House divided with the Yea was 105 with the No 158 So that hopeful project was nipped in the Bud and passing in the Negative it was rejected An Information was given A trifling Information That a Barrel of Gun-Powder was gone to Dorchester for a Barrel of Soap And one would think that such a trifling matter which in all probability was a perfect mistake and had it been real could be of no great moment should not have been thought worth the notice of a House of Commons but every little thing that contributed to inhanse the Fears of the People was laid hold of to inflame their apprehension of Dangers and the care they took in these little inconsiderable Affairs did strangely Augment their Reputation in the esteem of the common People who looked upon them as the most diligent and vigilant Patriots that ever sate within those Walls whose Care was as great as their Intelligence was quick and universal and therefore to countenance and encourage Informations they despised none for even for this single Barrel of Powder Order to search at Dorchester for a Barrel of Powder sent down for a Battel of Soap an Order of the House of Commons was directed to the Justices of the Peace of Dorchester to make diligent search for a Barrel of Gun-Powder which the House of Commons was informed was sent down thither for for a Barrel of Soap and to send an account of the matter to the House The Lord Keeper acquainted the House Wednesday Decemb. 8. A Message from his Majesty to both Houses about the Scots Commissioners the request of the French Ambassador about certain condemned Priests That His Majesty had Commanded him to signifie to both Houses That it is His Majesties desire that both Houses would consider of and prepare the Instructions which the Commissioners of both Houses have for the treating with the Scots Commissioners touching the Occasions of Ireland and that the same be presented to His Majesty That His Majesty further Commanded him to let both Houses know That the French Ambassador hath presented a desire to His Majesty That Eight Priests Condemned this Week may not be put to Execution but Banished or Imprisoned in this time the rather for that it may concern the settling of the Affairs in Ireland which desire His Majesty promised should be Communicated to the Houses of Parliament for their advice therein Though nothing in the World was a plainer Demonstration of the tender Inclinations of this Excellent Prince which was so averse to whatever was Sanguinary and that there was a very substantial Reason in common Policy at this time to comply with the request of the Ambassador in regard it might be expected the Irish Rebels would Retalliate this Severity which though according to the Laws in force they would call Cruelty and the innocent Protestants who fell into their Power might feel the Effects of it yet was it mighty unpopular and his Enemies of the Faction who were most inexorable upon such occasions made very ill Use of it to insinuate the venomous Calumny into the minds of the People that he was a favourer of Popery and wholly managed by Popish Councils and that he had Espoused their Interests and from thence to augment the Dangers with which the Kingdom was threatned and therefore by Consequence how absolutely necessary it was that His Majesty should comply with the desires of the Faction and change his Evil Councellors and take such Persons into all places of Power or Trust as the Nation might confide in as may be observed from the Declaration and Petition lately presented to His Majesty at Hampton-Court However the Message was communicated to the Commons at a Conference and the Lord Keeper Reported it as follows That the House of Commons were careful not to lose any time in the business of Ireland therefore they have presented to their Lordships Consideration the Instructions which are to be given to the Commissioners of both Houses who are to Treat with the Scots Commissioners Which
against the Peace and the Crown and Dignity of their Sovereign Lord the King have Assembled by thousands under Pretence of Petitioning against Bishops Evil Counsellors c. as now they did Saturday Decemb. 11. The Lord Keeper this Day signified to the House of Lords That His Majesty had Commanded him to deliver this Message to both Houses That whereas formerly he had acquainted both Houses with the Desire of the French Ambassador That eight Romish Priâ—sts convicted at the Sessions might be Reprieved and Banished at this time because it may concern the Business of Ireland and that his Majesty had desired the Advice of both Houses therein of which his Majesty hath not yet received any Answer His Majesty therefore puts the House in mind thereof and desires an Answer in regard that on Munday next is the Day for Executing of those that are convicted which are seven Priests one of the eight being acquitted upon the Tryal Upon which the Lords sent a Message by Sir Edward Leech and Dr. Bennet to desire a Conference concerning this Matter to which the Commons returned Answer That they will send an Answer by Messengers of their own in convenient time The Bill Intituled The Bill for relief of Captives at Algiers passed the Lords House The Bishops by their Councel adhere to their Plea and Demurrer An Act for the Relief of the Captives taken by Turkish Moorish and other Pirates and to prevent the taking of others in time to come being read a third time and put to the Question It was Resolved To pass as a Law This Day being appointed for the 13 Bishops that are Impeached by the House of Commons for making the Canons and Constitutions and for Granting a Benevolence contrary to Law to make their Answers to the Impeachment their Councel were called in and the Impeachment was read Then the Lord Keeper demanded of them Whether the Bishops will abide by their Plea and Demurrer or make their Answers The Councel Answered That the 12 Bishops do resolve to adhere to their former Plea and Demurrer only they have waved one Branch of their Demurrer which was to the generality of the Charge which appears to be particular Hereupon the Councel withdrew and the House Ordered That the Lords the Bishops that are Impeached shall be heard by their Councel on Monday next touching the Maintaining of their Plea and Demurrer and that the House of Commons have Notice herein that they or some of their Members whom they shall appoint may be present if they please And to this purpose a Conference was sent to be desired by Serjeant Whitfield and Serjeant Glanvile Then the Lord Lieutenant of Ireland produced a Paper which was given by the Scots Commissioners to the English which being read was in these words OVt of the Sense of our Duty we owe unto his Majesty and the true Affection which the Kingdom of Scotland bears to the Kingdom of England We are willing to contribute our best Assistance for the speedy Relief of those distressed Parts of Ireland that lye nearest us Therefore in the Name of the Kingdom of Scotland we make Offer of 10000 Men for that Service which is conceived to be the least Number can be for secureing themselves and reducing the Rebels in the North of Ireland to the due Obedience of his Majesty and the Crown of England This Offer is upon such particular Conditions as in the Progress of this Treaty we shall agree upon which may be for the Honor of our Nation and the Safety and Good of the Army imployed in the Service This being done the Lord Lieutenant declared That his Majesty being made acquainted with this Proposition was willing they should Treat for 10000 Men the House assented to give Power to the Commissioners to Treat accordingly The Commons fell this Day upon the Matter of the Guards and the Justices of the Peace for Middlesex being called in and demanded by what Warrant or Authority they caused those Guards to be set they made Answer That what they had done in this Matter was in Obedience to his Majesties Warrant to them directed Then the Under-Sheriff was called in and Examined also concerning the setting of the Guards who affirmed That the Writ was granted forth by direction of the House of Lords and with the Advice of the Judges They being withdrawn upon the Debate of the Matter the storm for the present fell only upon Mr. Long who had signed the Warrant for the Guards Mr. Long a Justice of the Peace sent to the Tower about the setting of a Guard without the Consent of the Parliament and the Question being put Whether Mr. Long should be put out of the Commission of the Peace The House was divided upon it with the No were 94 with the Yea 90 so it passed in the Negative and he was by the Vote of the House sent to the Tower For that He the said Mr. Long in his Warrant had exceeded the Authority given him by the Writ and had directed Constables and Sitting the Parliament had sent down Armed Men to the Parliament never acquainting the Parliament with it A Committee was also appointed to Examine the business concerning the raising and sending armed men to the Pallace at Westminster The Message from the Lords about the King's desire to know the Answer of the Parliament concerning Banishing the Condemned Priests at the Request of the French Embassador was read and it was singly Voted upon these following Resolved That Hamon Jo. Rivers alias Abbot Walth Coleman Priests voted to be Executed and Turnor Priests shall be put to Execution according to the Laws Sir Phillip Stapleton Reported That the Scots Commissioners had shewed their Authority to Treat to Assist us with 10000 Men upon such Conditions as should be agreed We told them Vpon this Proposition we could not Treat with them for that our Commission was only to Treat for 5000 Men They wished us to acquaint the King with it so according to our Duty we waited on his Majesty who Expressed a great deal of Desire and Affection in the furthering of this business and said he had referred it to the Parliament and would grant a Commission to treat with them for 10000 Men. Whereupon the House assented to it A Petition of some Aldermen and Common Council-men and Subsidy Men of the Factious part of the City of London and Suburbs was this day presented to the House of Commons which being read the Petitioners were called in and Mr. Speaker in the Name and by the Order of the House acquainted them That the House took their Petition in good part and returned them Thanks for their Respects to this House and readiness to supply the Publique and that in convenient time the House will take their Petition into Consideration Some of them then desired they might have leave to speak something to the House whereupon they were ordered to withdraw and the House upon the Debate having resolved
to hear them they were called in and Mr. Speaker acquainted them That the House was pleased to give them leave to speak what they had to say Whereupon one of them in the name of the rest desired to know Whether they might get more hands to the same Petition Then they were commanded again to withdraw and after a little time being called in Mr. Speaker told them That the House did believe what was delivered in their Petition already but that notwithstanding they were left at liberty to get more hands if they pleased After which having returned humble Thanks to the House for their good acceptance of their Petition they were dismissed The Petition was this To the Honorable the Knights Citizens and Burgesses of the House of Commons in Parliament The Humble Petition of Aldermen Common Council men Subsidy-men and other Inhabitants of the City of London and Suburbs thereof Sheweth THat they do with all humble Thankfulness acknowledg that great Labour and Care The Factious Londoners Petition against Bishops Votes for putting the Kingdom into a posture of Defence c. Decemb. 11. 1641. which this Honorable Assembly hath undergone for the space of above one whole Year endeavouring the Reformation and removal of those many Pressures and Grievances in Church and Common-wealth And do humbly present that grateful acceptance and high Esteem which not only the Petitioners but also all well-affected to the Honor of his Majesty and Prosperity of this Kingdom have of these your great and unwearied Endeavours which althô they by reason of the Popish Lords and Bishops Voting in the House of Peers and other Impediments as they humbly conceive have not hitherto produced those happy Effects You aimed at yet to the Petitioners great Comfort divers of those Pressures are already removed as Arbitrary Courts Ship-Money Monopolies and other illegal Impositions wherewith they were burthened and further hopes given by the happy Act of this Parliaments continuance That notwithstanding all this the Papists and their adherents whose malice ceaseth not have by sundry secret and desperate Plots attempted the Ruin and Destruction of this State and Kingdom and however some of them have hitherto by Gods Providence and your Prudence been discovered and become abortive Yet the sad Effects of others of them are not only felt and much more seared in this Realm of England but also have of late broke out into open Rebellion in Ireland where most barbarous savage cruel and inhumane actions are practised towards our Brethren by Nation and Religion whose lamentable and deplored Condition the Petitioners much pity and lament and have just cause to fear That as already there hath been much Christian blood spilt so in short time if speedy help be not sent not only the many great Debts there owing to divers of the Petitioners and others of this Kingdom will be wholly lost but which is far more the very Name of the English and Protestant Religion there will be rooted out which those Rebels the Foundation of whose Religion is written in letters of blood do only oppose And for that divers of the Petitioners receive daily Information from all Parts of this Kingdom of the bold insolent Carriage and threatening speeches of the Papists in this Realm arising as the Petitioners humbly conceive not only from the prevailing of the Rebels in Ireland but also from the want of such secure and speedy Course against Papists here as the present condition of this Kingdom requireth and this Honorable Assembly hath Earnestly Endeavoured From which grounds the Petitioners cannot omit to represent unto you the great Terrors Fears and Distractions that they lye under of a suddain Surprize by their Bloody hands By means whereof the Trading of this City and Kingdom is much more of late decayed then it hath been for divers Years past no man following his Trade cheerfully while the Lives of himself and Family and the Publique Safety of the Kingdom are in danger and while he knoweth not how soon they may feel the like Cruelty and Inhumanity from the Papists and their Adherents as these in Ireland have done which if ever it shall happen this Honourable Assembly must Expect to have a deep share in their Malice and Cruelty against whom they have already by themselves and their Abettors endeavoured to raise a disrespect in the Hearts of the People to divide between the Kings Majesty and his Parliament and seditiously to misconstrue the Citizens Dutiful and Loyal Entertainment of his Majesty to be a deserting of this Honourable Assembly the least thought whereof the Petitioners do utterly detest and abhor To the End therefore that the destructive Plots of the Papists and their Adherents may be defeated the grounds of their Hopes and Inselencies removed considerable Forces with all Expedition sent to subdue those abominable and bloody Rebels in Ireland this City and Kingdom for prevention of the like Mischiefs here and securing the Peace thereof put into a Posture of Defence the Petitioners freed from their Fears encouraged in their Trades and in due time receive such just Answers to their former Petitions as shall seem best to your great Wisdoms It is humbly prayed That you will vouchsafe to be a means to the Kings Majesty and the House of Peers that life may be speedily given to your good Endeavours by their concurrence with you in the punishment of Delinquents and redressing the Pressures and Grievances in Church and Commonwealth amongst which the abuses crept in to the Ancient Government of this City they humbly desire may in due time be taken into Consideration And for the better Effecting hereof That the Popish Lords and Bishops may be removed out of the House of Peers as was desired in the presence of divers of this Honorable Assembly by the Representative Body of this City in the Guild-Hall when 50000 l. was freely lent to raise Forces for Ireland the greatest part whereof was speedily brought in by the Petitioners And the Petitioners who well know their own Safeties are wrapt up in Yours shall not fail to put up daily Prayers to Almighty God for your good Success and to maintain and defend to the utmost hazard of their Lives and Estates according to their late Protestation the Kings Majesty and High Court of Parliament against all Wicked Councellors and Malignant Opposers who endeavour either by secret Plots or open Force to prejudice the one or the other or to make division between his Majesty and the Parliament whom God and the Laws of the Land have united in so near Relation The Reader may observe by this Petition which it is easie to guess out of what Quiver the Arrow came how high the Springs of Rebellion were wound up here are Popish Lords and Bishops coupled together here are the Papists and their adherents that was all such as were Orthodox and Loyal Voted the Common Enemies here are Fears Terrors and Distractions Plots and Conspiracies Dangers and sudden Surprizes to amaze
Henry Vane Senior Knight Mr. Hollis Mr. Brown and Mr. Pym to draw up the same accordingly This Report being made and taken into Consideration the three Particulars concerning Privilege were Voted and it was 1 Resolved upon the Question Nemine contradicente Votes of the Lords and Commons concerning breach of Privilege by the King That the Privileges of Parliament were broken by his Majesties taking Notice of the Bill for suppressing of Soldiers being in Agitation in both Houses and not agreed on 2 Resolved upon the Question Nemine Contradicente That his Majesty in propounding a Limitation and Provisional Clause to be added to the Bill before it was presented unto him by the Consent of both Houses was a Breach of the Privilege of Parliament 3 Resolved upon the Question Nemine Contradicente That his Majesty expressing his Displeasure against some Persons for Matters moved in the Parliament during the Debate and preparation of that Bill was a Breach of the Privilege of Parliament The same Votes were also passed in the Commons House Then the Petition of the Lord Peirpoint was read as follows To the Most Honorable the Lords of the High Court of Parliament The Humble Petition of Henry Lord Pierpoint Humbly Sheweth THat whereas your Petitioner in heat of Debate L. Pierpoint's Petition let fall some unfitting Words which offended this Honorable House and drew upon him this Imprisonment Your Petitioner humbly confessing the Justice of his Restraint beseecheth your Lordships Pardon and pass over this his Offence and he shall ever acknowledge your Lordships favor herein H. Pierpoint Hereupon it was resolved upon the Question That the Lord Pierpoint shall be delivered out of his restraint this Night In the House of Commons besides the Debate concerning the Matter of Privilege of which before in the Conferences and Votes of the Lords House several Propositions from the Scottish Commissioners were read and upon the Question assented unto They were presented by Sir Philip Stapleton in five Papers in haec verba 1 As in our first Proposition Propositions from the Scots Commissioners for 10000 Men for Ireland we made offer of 10000 Men in the Name of the Kingdom of Scotland for a further Testimony of Our Zeal to his Majesties Service and Respect and Brotherly Affection to the Kingdom of England We declare That we will upon the Charges of the Kingdom of Scotland Levy and Transport those Men and not stand with our Brethren upon Conditions of Levy and Transport Mony which we very well know is usual in such Occasions and could not in reason have been denyed us and which will amount to a very considerable summ of Money 2 We desire that there may be 30000 l advanced to us of the Brotherly Assistance because there are great Arrears due to our Soldiers who will not willingly enter into a new Imployment unless they be satisfied with what is resting 3 We desire because we cannot unfurnish the Kingdom of Scotland of Arms Canon and Ammunition That what Proportion of any of these we send with our Army That so many and such a Proportion of each kind may be presently sent into Scotland to remain there till the return of what we take into Ireland which we shall give Assurance shall be restored we retaining so much of that which shall be sent into Scotland as shall be lost or spent of ours in the Service of Ireland 3 We desire That with all Expedition some Ships of War may be appointed to go to Lothyan Port Patrick or Ayr to Guard and Waft over our Soldiers whom we intend for Expedition to Transport in small Vessels and that these Ships shall attend at the Ports in Ireland where we land that they may be sent over again into Scotland to bring over to us any necessaries left behind and to go to and again betwixt those Coasts to keep the Passage free for Going and Returning 5 We desire That for every 1000 Foot we send into Ireland a 100 Horse be in readiness to joyn with them and that these be ordered to receive Instructions and Orders and in every thing to obey the Injunctions of our Commanders This Proposition was not fully Assented to but referred back to the Commissioners for the propounding a less proportion of Horse 6 By the Instructions sent by both Houses of your Parliament to your Commissioners in Scotland and which was sent by his Majesty from Berwick to the Council there they did beseech his Majesty to recommend to the Parliament of Scotland that they would take into Consideration the Matter of Wages and other Charges as they would have done for themselves We in this think we could not make particular Agreement with our Troops but desire you would let us know what entertainment you give to your own Commanders and Soldiers wherewith we shall be satisfied and acquiesce to any Order you shall take with them being willing to serve the Crown of England with the same Affection and upon the same Terms as if we were English Men born Sic Subscribitur A. Fullerton This Evening the House sate late and Candles were voted in House divided about Printing the Remonstrance and a very great Debate there was concerning the Remonstrance of the State of the Kingdom which was presented to his Majesty at Hampton-Court whether it should be Printed or not the House was at the last divided upon it with the Yeas were 135. with the No 83. Whereupon it was Ordered That the Remonstrance shall be forthwith Printed and Published Thus did these Men treat this excellent Prince with repeated Acts of Ingratitude for his transcendent Acts of Grace and were so far from being satisfied or contented that the King had given them so much that they advanced in Confidence to demand all And indeed were as the sequel will make it plainly appear resolved to demand still till the King must be necessitated either to deny then or divest himself of every thing but the shaddow of Imperial Majesty and Power that so they might have an Occasion to break with him and indeavour to wrest the Residue of Sovereignty which he had not parted with by plain force out of his Hands His Majesty now began to feel the effects of that unparalell'd Act 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cap. 5. for perpetuating this Parliaments sitting during their own Pleasure and found in reality that by this Act of the highest Confidence by which he hoped as he saith in his excellent Book for ever to shut out and lock the Door upon all present Jealousies and future Mistakes some Men intended to shut him out of Doors himself and that the permitting them to go up to the Pinacles of the Temple of Prerogative gave them an irresistible Temptation to throw down his Majesty and the Monarchy from thence which fatal Act though in his own Words it was no Sin of his Will yet was an Error of too charitable a Judgment By the Printing and Publishing of this Remonstrance
Our Attorney and Sollicitor General and the rest of Our Learned Councel to proceed with all speed against such and their Abettors who either by writing or words have so boldly and maliciously violated the Laws disturbed the Peace of the Common-wealth and as much as in them lies shaken the very Foundation upon which that peace and happiness is Founded and Constituted And we doubt not but all Our Loving Subjects will be very sensible that this busie virulent demeanour is a fit Prologue to nothing but Confusion and if not very Seasonably punished and prevented will not only be a blemish to that wholsome accommodation We intend but an unspeakable Scandal and Imputation even upon the Profession and Religion of this Our Kingdom of England Concerning the Civil Liberties and Interest of Our Subjects We shall need to say the less having erected so many lasting Monuments of Our Princely and Fatherly Care of Our People in whose many excellent Laws passed by Vs this Parliament which in truth with very much Content to Our Self We conceive to be so large and ample that very many sober Men have very little left to wish for We understood well the Right and Pretences of Right We departed from in the consenting to the Bills of the Triennial Parliament for the continuance of this present Parliament and in the preamble to the Bill of Tunnage and Poundage the Matter of which having begot so many Disturbances in late Parliaments We were willing to remove that no Interest of Ours might hereafter break that Correspondence abundantly contenting Our Self with an Assurance which We still have that We should be repaired and supplied by a just proportion of Confidence Bounty and Obedience of Our People In the Bills for the taking away the High Commission and Star-Chamber Courts We believed We had given that real Satisfaction that all Jealousies and Apprehensions of Abitrary Pressures under the Civil or Ecclesiastical State would easily have been abandoned especially when they saw all possible Doubts secured by the Visitation of a Triennial Parliament These and others of no mean Consideration We had rather should be valued in the Hearts and Affections of Our People then in any mention of Our own not doubting but as We have taken all these Occasions to render their Condition most comfortable and happy so they will always in a grateful and dutiful relation be ready with equal tenderness and alacrity to advance Our Rights and preserve Our Honor upon which their own Security and Subsistence so much depends And We will be so careful that no particular shall be Presented unto Vs for the Compleating and Establishing that Security to which We will not with the same readiness contribute Our best Assistance If these Resolutions be the Effects of Our present Councels and We take God to witness that they are such and that all Our loving Subjects may confidently expect the benefit of them from Vs Certainly no ill Design upon the Publick can accompany such Resolution neither will there be greater Cause of suspition of any Persons preferred by Vs to degrees of Honor and Places of Trust and Imployment since this Parliament And We must confess That amongst Our Misfortunes We reckon it not the least That having not retained in Our Service nor protected any one Person against whom Our Parliament hath excepted during the whole sitting of it and having in all that time scarce vouchsafed to any Man an instance of Our Grace and Favor but to such who were under some eminent Character of Estimation among Our People there should so soon be any mis-understanding or jealousy of their Fidelity and Vprightness especially in a time when We take all Occasions to declare That We conceive Our Self only capable of being served by Honest Men and in honest Ways However if in Truth We have bin mistaken in such Our Election the Particular shall be no sooner discovered to Vs either by Our own Observation or other certain Information then We will leave them to publick Justice under the Marks of Our Displeasure If notwithstanding this any Malignant Party shall take Heart and be willing to Sacrifice the Peace and Happiness of their Country to their own sinister Ends and Ambitions under what pretence of Religion and Conscience soever If they shall endeavor to lessen Our Reputation and Interest and to weaken Our lawful Power and Authority with Our good Subjects if they shall go about by discountenancing the present Laws to loosen the Bonds of Government that all Disorder and Confusion may break in upon Vs We doubt not but God in his good time will discover them unto Vs and the wisdom and courage of Our High Court of Parliament joyn with Vs in their Suppression and Punishment Having now said all that We can to express the cleerness and uprightness of Our Intentions to Our People and done all We can to manifest those Intentions We cannot but confidently believe all Our good Subjects will acknowledg Our part to be fully performed both in Deeds past and present Resolutions to do whatsoever with Justice may be required of Vs and that their quiet and prosperity depends now wholly upon themselves and is in their own power by yielding all Obedience and due Reverence to the Law which is the Inheritance of every Subject and the only security he can have for his Life Liberty or Estate and the which being neglected or dis-esteemed under what specious shews soever a very great measure of Infelicity if not an irreparable confusion must without doubt fall upon them And We doubt not it will be the most acceptable Declaration a King can make to His Subjects that for Our part We are resolved not only duly to observe the Laws of Our Self but to maintain them against what opposition soever though with the hazard of Our being And Our hope is that not only the Loyalty and good Affections of all Our loving Subjects will concur with Vs in the constant preserving a good understanding between Vs and Our People but at this time their own and Our interest and compassion of the lamentable Condition of our poor Protestant Subjects in Ireland will invite them to a fair Intelligence and Vnity amongst themselves that so We may with one Heart intend the relieving and recovering that unhappy Kingdom where those barbarous Rebels practice such Inhumane and unheard of Outrages upon Our miserable People that no Christian Ear can hear without horror nor story parallel And as We look upon this as the greatest affliction it hath pleased God to lay upon Vs so Our unhappiness is increased in that by the Distempers at home so early Remedies have not bin applyed to those growing Evils as the Expectation and necessity there requires though for Our part as We did upon the first Notice acquaint Our Parliament of Scotland where We then were with that Rebellion requiring their Aid and Assistance and gave like speedy Intimation and Recommendation to Our Parliament here so since Our Return
for the present being not very welcome These People notwithstanding the rebuke which Sir Thomas Aston had met with for a Petition of this Nature yet in the midst of these wicked Times durst be honest and publickly avow themselves so which was far more The Petition as I find it in a Collection of Petitions printed afterwards by his Majesties Command at York to let the World see that a very considerable Part of the Nation was utterly against the pretended Reformation was as follows To the King 's Most Excellent Majesty and to the Right Honorable the Lords and the Honorable the House of Commons Assembled in Parliament The Humble Petition of divers of the Nobility Justices Gentry Ministers Freeholders and other Inhabitants of the County Palatine of Chester whose Names are contained in the Schedule Annexed YOur Petitioners with all Cheerfulness and Contentation The Cheshire Petition for the Common Prayer and suppression of Schismaticks c. affying in the happy settlement of the Distractions both of Church and State by his Majesties pious Care and the prudent and religious Indeavors of this Honorable Assembly and with due Humility and Obedience submitting to the unanimous Conclusions thereof yet conceive themselves bound in Duty Humbly to represent to your mature Considerations That the present Disorders of many Turbulent and Ill-disposed Spirits are such as give not only Occasion of present discontent to your Petitioners but seem to import some ill event without early prevention The pure Seed of our Faith the Doctrine of the Reformed Protestant Religion Established by so many Acts of Parliament and so harmoniously concurring with the Confessions of all other Reformed Churches being tainted with the Tares of divers Sects and Schismes lately sprung up amongst Vs Our Pious Laudable and Ancient Form of Divine Service composed by the Holy Martyrs and worthy Instruments of Reformation Established by the prudent Sages of State your religious Predecessors honored by the Approbation of many learned Foreign Divines subscribed by the Ministry of the whole Kingdom and with such general Content received by all the Laity that scarce any Family or Person that can read but are furnished with the Books of Common Prayer in the conscionable Vse whereof many Christian Hearts have found unspeakable Joy and Comfort wherein the famous Church of England our dear Mother hath just Cause to Glory and may She long flourish in the Practise of so blessed a Liturgy * * This the Reader will see presently in a Petition by Dr. Burgess c. of this Day Yet it is now not only depraved by many of those who should teach Conformity to Established Laws but in Contempt thereof in many Places wholly neglected All these dayly practised with Confidence without Punishment to the great dejection of many sound Protestants and occasioning so great insultation and rejoycing in some Separatists * * The true temper of the Separatists and Schismaticks from their first original to this Day as they not only seem to portend but menace some great Alteration and not containing themselves within the Bounds of Civil-Government do commit many tumultuous if not Sacrilegious Violences both by Day and Night upon divers Churches Therefore your Petitioners being all very apprehensive of the dangerous Consequences of Innovation and much scandalized at the present Disorders Do all unanimously Pray That there be admitted no Innovation of Doctrine or Liturgy that Holy Publick Service being so fast rooted by a long setled continuance in this Church that in Our Opinion and Judgments it cannot be altered unless by the Advice and Consent of some National Synod without an universal Discontent and that some speedy Course be taken to suppress such Schismaticks and Separatists whose factious Spirits do evidently indanger the Peace both of Church and State And Your Petitioners shall ever Pray c. Signed by Lords Knights Justices of the Peace and Esquires 94 By Gentlemen of Quality 440 By Divines 86 By Free-holders and others in all 8936 In all 9556 And in regard their Piety and Loyalty deserves a place in the Records of time and that in these Petitions the Reader will see the Temper and Genius of these Seditious and Turbulent Sectaries and Schismaticks the very Pests of Church and State the main Occasioners Managers Promoters Contrivers Encouragers Supporters and Conductors of this most Execrable Rebellion from its first Original till its last fatal Period most accurately pointed out in the just and too modest complaints of these Petitions for the Times and Persons would not bear truth unless apparelled in the most submissive Garb and Posture I will here subjoyn Sir Thomas Ashton's Petition which was presented to the Lords and for which he received a smart rebuke and narrowly escaped a Prison which I should have done in its proper place had this Collection of Petitions then come to my hands The Petition was as follows To the High and Honorable Court of Parliament The Nobility Knights Gentry Minsters Freeholders and Inhabitants of the County Palatine of Chester whose Names are Subscribed in several Schedules hereunto Annexed Humbly Shew THat whereas divers Petitions have lately been carried about this County against the present Form of Church Government The Cheshire Petition delivered to the House of Lords by Sir Thomas Ashton and the hands of many Persons of ordinary Quality sollicited to the same with pretence to be presented to this Honourable Assembly which we conceive not so much to aim at Reformation as absolute Innovation of Government and such as must give a great advantage to the Adversaries of our Religion We held it our Duty to disavow them all and humbly pray That we incur no mis-censure if any such Clamours have without our privity assumed the Name of the County We as others are sensible of the common Grievances of the Kingdom and have just cause to rejoyce at and acknowledge with thankfulness the pious Care which is already taken for the suppressing of the Growth of Popery the better to supply able Ministers and the removing of all Innovation and we doubt not but in your great Wisdoms you will regulate the Rigor of the Ecclesiastical Courts to suit with the Temper of our Laws and the Nature of Free-men Yet when we consider That Bishops were instituted in the time of the Apostles that they were the great Lights of the Church in all the first General Councils that so many of them sowed the Seeds of Religion in their Bloods and rescued Christianity from utter Extirpation in the Primitive Heathen Persecutions That to them we ow the Redemption of the purity of the Gospel we now profess from Romish Corruption that many of them for the propagation of the Truth became such Glorious Martyrs that divers of them lately and yet living with us have been so great Assertors of our Religion against the Common Enemy of Rome and that their Government hath been so long approved so oft Established by the Common and Statute Laws of
Knights Citizens and Burgesses of the Commons House of Parliament The Humble Petition of sundry Ministers intrusted to Sollicite the Petition and Remonstrance formerly Exhibited to this Honourable House and many of their Brethren Most Humbly Sheweth THat the Petitioners do most thankfully value The Petition of the Remonstrating Ministers Dec. 20. 1641. and heartily acknowledge the indefatigable Pains and Piety of this Honorable Assembly manifested in very many things of high Concernment for the Glory of God the Honor of the King the Purging of the Church and the Safety and Prosperity of this and the rest of His Majesties Kingdoms but more especially in procuring that publick Fast at your first Sitting which hath prevented many Mischiefs and drawn down many Blessings upon the Kingdom ever since in your Zeal and Courage for the True Religion professed among us against all Popish Idolatry and Superstitious Innovations expressed by your Religious Protestation and Vow * * And discountenancing the publick Liturgy and the most indispensible Duty of Praying to make room for this Seditious Preaching In countenancing the Sacred Ordinance of Preaching after long and deep contempt cast upon it by too many who had almost Exiled it from divers Parts of this Kingdom In incouraging painful and godly Ministers formerly set aside and now again profitably imployed in many Congregations greatly needing them In discountenancing bold and unmeet Men that without sufficient calling have presumptuously intruded into that Holy Office as also of all Vnworthy and Scandalous Ministers that have been Convented before you In accepting a former Petition and Remonstrance from the Petitioners taking the same into your grave Consideration and vigorously prosecuting some part thereof In freeing divers godly Ministers out of Prison and Exile and many others from heavy Censures unjustly inflicted In preventing the utter Ruin of the Petitioners and of many more by breaking that wicked Yoak of the late pernicious Oath and Canons justly branded by both Houses of Parliament and by taking away the late dreadful Tyranny of the High-Commission Court and other illegal heavy pressures of the rest of the Courts Ecclesiastical In your worthy Orders for removing of all Illegal Rites and Ceremonies superstitious and scandalous Images and Pictures and other Innovations out of all Churches and Chappels In your prudent happy and timely re-uniting without spilling of Christian Blood the two Kingdoms of England and Scotland in a firm and Religious Peace unhappily disturbed to the apparent endangering of both in your honourable endeavours to relieve and rescue our distressed Brethren in Ireland from the barbarous Outrages and Butcheries of the Popish Rebels there In your constant Vigilancy to discover and defeat the many desperate and devilish Conspiracies against the King Parliament and the Kingdom plotted by Papists and their Malignant adherents implacable Enemies to our Religion and Peace together with all your excellent Labours for Reforming and settling the Affairs of the Common-wealth whereof the Petitioners do also with others Enjoy the comfort and the large and blessed Hopes given to the Petitioners of your further indeavours for perfecting the Reformation of Religion and the Church according to the necessity thereof in a Way best becoming the Honour of such a Grave and Religious Body All of which do much Encourage them to pour out their Souls in all possible thankfulness to God for you and to put up more fervent Prayers publiquely and privately upon all occasions in your behalf at the Throne of Grace But so it is That whereas your Petitioners did in their former Petitions represent unto you divers unsufferable Grievances arising from sundry Invasions made upon the publick Doctrine of this Church from some mixtures and blemishes in the publick Worship of God by Law Established as well as from sundry gross Innovations and Superstitions iâ— Rites and Ceremonies without Law introduced from many Exorbitancies and unsupportable Vsurpations in Ecclesiastical Government and from the scandalous defect of Ministers maintenance in too many places All of which do yet remain in greatest part unremoved by reason of your many necessitated diversions from this great work for the preservation of the very Being of this Kingdom and by means hereof many distractions and disorders about matters of Religion and the Church have to the great scandal and grief of the Petitioners happen'd and are still continued which puts them upon a necessity of renewing their former Suit for redress of the aforesaid Evils and for removing whatever shall appear to your Wisdom to be the Root and Cause of them And whereas further the Petitioners and very many others in whose name and behalf they now humbly supplicate desirous in all things to submit to the Laws so far as possibly they may yet meerly out of tenderness and scruple of Conscience dare not continue as formerly they did the Vse and Exercise of some things as now they-stand injoyned not only because they have more seriously weighed the Nature and Scandal of them and that sundry Bishops and other grave Divines called to their assistance by Order of the House of Peers have as they are informed discovered divers particulars needing alteration in the Liturgy and the Vse thereof and that there is not as they humbly conceive at this day commonly extant any Book of Common Prayer without so many Variations Alterations and Additions as render it in many Parts another thing from that which was by Law Established but chiefly because you also have vouchsafed to be so far sensible of the Defects thereof and of the just Scruples of the Petitioners thereabout as to take the Reformation thereof under Consideration which they hoped would be some shelter against the strict pressing the Vse of it till your pleasure upon the full Debate thereof had been declared in a Parliamentary Way for that it seems most equal that the Consciences of Men should not be forced upon that which a Parliament it self holds needful to consider the Reformation of and give Order in till the same be accordingly done And the Petitioners having been comfortably assured of some ease therein do now to their great sorrow apprehend that the same things are anew reinforced which contrary to the blessed Inclination and Intention of His Gracious Majesty may occasion much trouble and vexation to sundry worthy and peaceable Ministers which the Petitioners have more cause to fear because sundry of their Brethren have since the beginning of this Parliament been Indicted upon the Statute of 1 Eliz. 2. And others threatned for bare omissions of some things complained of to this High Court and still depending before you whiles in divers places your Religious Orders necessarily made and published for removing of things illegal are not observed and in other places where superstitious Rites and Practices had by virtue thereof been laid aside the same are again called back and re-practised without any Check or Animadversion And because the Premisses are of extraordinary Consequence and cannot receive a perfect Cure
Commons concerning Ireland Now to the Oar again A Message was brought this Morning from the Commons by Sir Philip Stapleton Knight That the House of Commons last night had laid before their Lordships the miserable Estate of the Kingdom of Ireland and desired their Lordships to take the business into speedy Consideration Since the House of Commons understand that Dublin is in great danger to be lost 600 Men being cut off by the Rebels in going to relieve Tredagh The House of Commons desires that all ways may be used for the preservation of that Kingdom and they conceive the best way to save Dublin is by way of diversion to send the Scots speedily into Ulster therefore the Scottish Commissioners being to send away into Scotland to morrow Morning the House of Commons desires their Lordships would joyn with them in the Propositions received from the Scots Commissioners that so Men may be sent into Ireland speedily The House of Commons having done this they do declare that if there be any Omissions they desire to clear themselves of any thing as may fall upon Ireland The Answer returned was That the House is not now full but as soon as it is they will take the matter of the Message into Consideration Then the Lord Kymbolton Reported to the House the Two Propositions delivered to the Lords Committees by the Committee of the House of Commons The first Proposition was 2 Propositions 1st for adjourning or Proroguing the Parliament in Ireland That the Parliament of Ireland may be Prorogued or Adjourned and that for these Reasons First Because the Protestants cannot come without danger the Papists may Secondly To Resort to Dublin may make scarcity of Victuals Thirdly The coming of many Papists with their followers may endanger the surprize of the Castle That the Parliament may not meet to do any Act as they did before the Dissolving of the Parliament is thought to be safest The second Proposition is 2 Proposition They are informed that by the Law of Ireland if the Deputy should dye the Lords may chuse their own Governor Therefore the House of Commons desire that some settled Commission may be in case the Deputy miscarry by Death that may appoint who shall be Governor The House then fell upon the Debate about sending 10000 Scots into Ireland and Resolved at a Conference to offer these two following Propositions to the Commons 1. To desire to know what certainty That House will give This that if their Proposition concerning the present going of 10000 Scots into Ireland be agreed unto That 10000 English may speedily follow 2 Whether they will concur with this House That 10000 English shall go as well as 10000 Scots and that the King be moved to give Assent thereunto and a Message for a Conference was sent accordingly by Sir Robert Rich and Mr. Page A Message was brought from the House of Commons by Mr. Another Message from the Commons concerning Ireland Denzil Hollis That the House of Commons had lately attended their Lordships to desire them to concur with them in their Desires concerning the lamentable Condition of the Kingdom of Ireland and that their Lordships would be pleased to take speedy Resolutions therein Also he said he was to present to their Lordships a Petition presented to the House of Commons from the Lords and divers Gentlemen of Ireland now in London which the House of Commons desires their Lordships would be pleased to take into speedy Consideration for the House of Commons say they can think of nothing but Ireland nor speak nothing but Ireland The Reader may observe how great Artists these Men were in appropriating to themselves whatever was highly Popular as at this time this Affair of Ireland was and how they endeavoured to engross all the Care and Concern for that Kingdom to themselves tacitly accusing the Lords who for the Honor and it may be the Interest of England made some difficulty to consent to the sending 10000 Scots except 10000 English might also be sent but they had a very great Work to do by the help of Popularity and it can be no wonder to see those who have such Designs as they had then on Foot make such warm and zealous Court and Application to the Populace since Experience in all Times and Places has laid it down as a Mark of dangerous Suspition and aspiring Intentions in Subjects when they come to invade this Prerogative of Princes who alone ought to study Popularity and certainly that Subject who indeavors to rival his Prince in the Affections of his People cannot but be suspected to Design to rival him in his Authority too there being so near an Union between the Power of the Prince and the Love of the Subjects that whoever attempts to commit a Rape upon the later cannot be supposed to have any Chast and Dutiful Thoughts towards the former But to return from this small Digression The Petition before mentioned was read in haec Verba To the Honorable House of Commons The Humble Petiton of divers Lords and Gentlemen of Ireland now in London Humbly Shewing THat your Petitioners have received many and particular Advertisements from all those Parts of the Kingdom of Ireland The Petition of the Irish Lords and Gentlemen to the House of Commons Det. 21 1641. which set forth the Vniversal Desolations made in such Plantations of the British both English and Scotch wheresoever the barbarous Irish Rebels have come to the utter Destruction both of the Persons there Inhabiting and extirpating of the Reformed Protestant Religion there set up through the Royal Care and Piety of King James of blessed Memory and his Majesty that now is and preserved by the great Industry and Pious Indeavors of near 40 Years travel by those who have spent their whole Lives in reducing that Kingdom to Civility which is now utterly desolated by the Proceedings that have been found so matchlesly Cruel that no Age nor Story can Parallel their Inhumanities some whereof your Petitioners are informed have been touched upon by Advertisements already brought to this Honorable House whereof there is such great variety that Volumes were but little enough to contain the Particulars many thousands of Men Women and Children being mangled on the Face of the Earth crying lowd to God and these neighbor Kingdoms for relief against those Monsters whose Conspiracy is now so Vniversal that small Aids will be not only inconsiderable to effect the Work but a Means to lengthen the War with the loss not only of the Treasure applyed therein but also of the Persons imployed who being but few will be in danger to be given up to the Cruelties of the Rebels who by that means which God prevent will gain not only great access to their Numbers but which is more considerable that experience in War and Vse of Arms as may render them infinitely more able to make Resistance against your hereafter Supplies These Particulars your Petitioners out of
the deep Sense they have of the Calamities incumbent on that and in danger to fall on this Kingdom with all Humility crave leave to present most humbly desiring that in pursuance of the Zeal and Fervency already shewn to the Glory and Worship of God to the Honor and Renown of his most Excellent Majesty both which are now strongly assaulted and push't at and out of the Tender Commisseration already Expressed for Relief of that bleeding Kingdom That this Honorable Assembly will represent such prevalent Arguments unto his Sacred Majesty and the House of Peers That the 10000 Men tendred by the Kingdom of Scotland and accepted of by this Honorable Assembly may be speedily Ordered to resort into Ulster not but that We do desire there may be as great a Proportion of Soldiers sent out of this Kingdom as soon as they can be prepared if so it may please his Majesty and both Houses of Parliament the Contagion of the Rebellion in Ireland having spread it self over so many other Parts of the Kingdom and yet daily more and more increasing as will require the service of those who shall be sent out of England for the Subdual of the Rebels and Comfort of his Majesties good Subjects in the other Provinces But for asmuch as your Petitioners many of them whose whole Estates and some of their Wives Children and nearest Kindred or Friends are already in the Hands and Possession of those Barbarous Bloody Rebels of Ulster and that they have more than ordinary Cause to fear That the remaining Protestant Party together with the important Towns of Carrickfergus London-Derry and Colerain being the chiefest Bullworks and Fortresses of that Province may for want of speediest Relief be surprized and destroyed and by that means the rest of the Kingdom Extreamly indangered to the irreparable dammage and discomfort of his Majesty and all his Good and Loyal Subjects of all his Dominions Therefore your Petitioners do most instantly supplicate this Honorable Assembly to endeavour the hastening thither with all possible Expedition the 10000 Men out of Scotland whose Assistance being within Three hours Sail may be soonest conveyed and whose Constitutions will notably match with the Rebels being well able as many of these Petitioners have known by former Experience to follow them through the Boggs and Moorish places frequent in those Parts during this Winter Season which other Supplies may not be so fit for at present This Number added to those Raised and to be raised in those Parts through Gods Blessing may soon Check those Insolencies and contribute much for reducing that Kingdome to due Obedience and yield unspeakable Comfort and Relief to many Thousand disconsolate bleeding Protestant Souls who have long languished in Expectation of Aid from that and this Kingdom the longer retarding whereof will carry loud Cries to Heaven against those who cause the same And your Petitioners shall pray c. A. Loftus Ro. Digby Tho. Foliot Hen. Blaney Fr. Mountnorris Cromwell Edward Loftus Arthur Jones Geo. Blundel Robert King Jo. Clotworthy Faith Fortescue Joh. Moor Arthur Annesley Rob. Packhurst Ra. Walles Tho. Fortescue Ro. Whistler Nicholas Loftus Rich. Fitz-Gerrard Rich. Perkins Jo. Davis After the Reading of this Petition Inego Jones Esquire The Answer of Inego Jones to the Complaint of the Commons Surveyor of his Majesties Works put in his answer to the Declaration of the Commons in behalf of the Parishioners of St. Gregories London At which day the said Inego Jones Esquire appeared before the Lords in Parliament and being demanded what he could say in Answer to the Declaration brought up from the House of Commons against him He the said Inego Jones for Answer thereunto saith That he is not Guilty of the Offence charged in the said Declaration in such manner and Form as therein is Expressed Whereupon Friday Fortnight was ordered for the day of hearing the Cause It was also Ordered That the Lord Visâ—â—nt Loftus Ro. Lord Digby Lord Foliot Lo. Docura Lo. Blany Lord Mountnorris Sir Faithful Fortescue Sir Robert King Edw. Loftus Nich. Loftus Arthur Jones Geo. Blundel John Moor Arthur Annesley Ro. Whistler Jo. Davis Richard Fitzgerrard and Rich. Perkins do attend the Lords Committees for Irish Affairs to morrow at 9. of the Clock in the Painted Chamber who are to hear what Reasons they can give concerning the putting off the Parliament of Ireland After which the Lord Keeper reported the Effect of the Conference and an Answer to their Lordships Two Propositions offered to the House of Commons this day A Smart Answer of the Commons to the 2 Propositions of the Lords forsending 10000 English as well as 10000 Scots into Ireland 1. For the Certainty which their Lordships desire of sending 10000 English into Ireland the House of Commons say That they were not Vsed to be Capitulated withall their Actions are free as well without Conditions as Capitulations and the House of Commons desire it may be so no more 2ly The House of Commons think they have given sufficient certainty already having formerly Voted the sending of 10000 English into Ireland and transmitted the same to their Lordships and likewise sent the same into Ireland therefore they think it not necessary to Vote it again but do desire their Lordships would Vote the sending of 10000 Scots to Ireland by it self without any Relation to the 10000 English and that speedily the Safety of Ireland depending upon it Further the House of Commons do desire their Lordships to do it in regard they conceive the 10000 English can not go unless the Bill for pressing passes This last Clause easily unriddles all the rest they had a Design to clip the Prerogative by that Bill and to put the issue of passing or not passing it upon this popular Theme of the Tragical necessity of Ireland when if they would have raised Mony there would not have wanted 10000 English Soldiers without pressing for that Expedition or any other the Genius of the Nation having ever been Martial and rather too forward to run into Arms then otherwise at the Beat of the Drum The House of Lords was immediately then resolved into a Committee of the whole House to debate this Conference Votes of the Lords for 10000 English 10000 Scots for Ireland and the House being resumed It was Resolved Nemine contradicente That 10000 English shall be sent into Ireland Resolved upon the Question That 10000 Scots shall be sent into Ireland upon such Conditions as shall be agreed upon by the Parliament of England Ordered That the Lords Commissioners do acquaint the Scots Commissioners with the aforesaid Votes and to let them know That this House hath entred into Consideration of their Propositions and will give them an Answer herein with all Expedition It was also Ordered That the Committee for keeping of a good Correspondency between both Houses shall meet on Friday Morning to take into Consideration this last Message brought up from the House of Commons
will discourage Merchants and Strangers from bringing in their Bullion into the Mint 2. The House of Commons say That Colonel Lunsford is a Man of a desperate Condition he having been formerly Censured in the Star-Chamber for lying in Wait and besetting Sir Thomas Pelham Knight as he came in his Coach upon a Sunday from Church and did discharge two Pistols into the Coach Also being challenged into the Field by one Captain Buller upon some injury offered to him by the said Colonel Lunsford Colonel Lunsford refused to Answer him but sent him word he would cut his Throat and would meet him with a Pistol and put out his other Eye 3. The House of Commons say That they are informed that Colonel Lunsford is not right in his Religion for they understand that when he was a Commander in the North in the Kings Army he did not go to Church though he was desired The House of Commons conceiving this business concerns the safety of the King City and Kingdom they desire their Lordships would be pleased to joyn with the House of Commons to Remonstrate these things to the King and to desire him that a Place of such importance may not be put into the hands of such a Man as Colonel Lunsford but that if His Majesty think Cause that there should be a Lieutenant of the Tower being under the Command of such an Honorable Person as the Earl of Newport who is Constable thereof by His Majesties appointment that Sir John Conyers may be recommended to his Majesty for that Place After a long Debate of this Conference The Lords refuse to joyn with the Commons to move the King to displace Lunsford the Question was put Whether this House shall joyn with the House of Commons in the whole Matter of this Conference And it was Resolved Negatively The first thing that was done in the Commons House this day was an Order That Mr. Calamy and Mr. Marshal shall be desired to Print their Sermons they yesterday Preach'd at St. Margarets Westminster at the intreaty of this House and Sir Arthur Ingram and Sir Tho. Barrington are desired to return them Thanks from this House Thanks of the House and a Plate of 20 l. apiece Ordered Calamy and Marshal and to print their Fast Sermons and it was likewise Ordered That they shall have a Piece of Plate of 20 l. a piece given unto them and Sir Arthur Ingram and Sir Thomas Barrington are to think of some convenient Course for raising the said Monies Then the Kings Answer to the Petition of the first of December was read and referred to the Committee that prepared that Petition to frame an Answer unto it and present it to the House and to meet this Afternoon at Four of the Clock in the Inner Court of Wards It was also Ordered That the Gentlemen that serve for the City and Mr. Tompkins Mr. Martin and Mr. Peard shall inquire in what hands the Tower of London now is From which is plain from what Quarter of the World the Petition against Lunsford came Captain Leg was also this day Ordered to be Bailed Then the Petition of the Apprentices and others whose times are lately Expired in and about the City of London was read and the Parties that preferred this Petition were called in and Mr. Speaker told them That this House doth approve of the manner of the delivery of their Petition and the Interruptions complain'd of they will consider of when proofs shall be produced they will likewise consider of the desires of their Petition when the great Affairs of this House shall permit And their Complaints were referred to the Committee appointed to consider of the Interruptions in preferring the Petition from the City of London All the World was now run into one Trade and that was Statemending and Church-modelling in which matters the Godly and Well-affected have ever had in their own opinion such a peculiar Gift that every little Blew-Apron-Boy behind the Compter undertakes as boldly as if he had served an Apprenticeship at the Council-Board and because Posterity shall be satisfied this is no abuse I here present the Reader with these Indenture-mens Petition as I find it among the Prints of the Time for they had the vanity after having presented it to think it would turn to account to Print and Publish it too to help Trading and procure Custom This Petition which by these young Reformers was addressed to the King but presented to the Commons with a multitude of Names who could not write and by consequence neither read nor understand Common Sense was as followeth The Apprentices Petition WHereas we of the lowest members of the City and Kingdom touched with the common Sense of all good Subjects do by Experience find both by our own and our Masters Tradings the beginning of great Mischief coming upon us to nip us in the bud when we are first entring into the World the Cause of which we can attribute to no others but to the Papists and Prelates and that Malignant Party which adheres unto them And where as by the late Protestation we stand solemnly ingaged in the presence of Almighty God by all lawful means with the utmost of our Lives Power and Estates to defend your Sacred Majesty and Royal Issue with the Rights and Liberties of Parliaments and all your Majesties Subjects against Papists and Popish Innovators such as Arch-Bishops Bishops and their dependants appear to be the Extirpation of which Government Root and Branch by several Petitions from this City and many parts of this Kingdom have been humbly desired We hold it our bounden Duty after long Expectation of due and just Proceedings against the forenamed Papists and Popish Innovators now at the last to become most humble Suitors to your Majesty in this present Parliament that you would please to take Notice that notwithstanding the much unwearied pains and industry of the House of Commons to subdue Papistry and Popish Innovators neither Popery is subdued nor Prelates are yet removed whereby many have taken great incouragement desperately to Plot against the Peace and Safety of this and other your Majesties Dominions Witness the most barbarous and inhumane Cruelties perpetrated by the Papists now in Ireland From whence ariseth in us a new Spring of fears and jealousies what the Issue of these things may be in this your Kingdom of England also without a speedy and timely prevention of the same In hope therefore of your Majesties willing readiness by the advice of this Honourable Court of Parliament to provide for our present Relief and Safety We Humbly Supplicate that the Popish Lords and other eminent and dangerous Papists in all parts of this Kingdom may be narrowly look'd unto and secured the Laws against Priests and Jesuits fully Executed the Prelacy Rooted out that so the work of Reformation may be prosperously carried on our distracting fears removed the weighty Affairs of the Kingdom settled and consequently God may
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
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
Mr. John Pym Mr. John Hampden and Mr. Will. Strode I. THat they have Traiterously endeavoured to Subvert the Fundamental Laws and Government of the Kingdom of England Articles of High Treason against the L. Kymbolton Mr. Denzil Hollis c. to deprive the King of his Royal Power and to place in Subjects an Arbitrary and Tyrannical Power over the Lives Liberties and Estates of his Majesties Liege People II. That they have Traiterously endeavoured by many Foul Aspersions upon his Majesty and his Government to Alienate the Affections of his People and to make his Majesty odious unto them III. That they have endeavoured to draw his Majesties late Army to difobedience to his Majesties Command and to side with them in their Traiterous Designs IV. That they have Traiterously Invited and Encouraged a Forreign Power to Invade his Majesties Kingdom of England V. That they have Traiterously Endeavoured to Subvert the Rights and very being of Parliaments VI. That for the Compleating of their Traiterous Designs they have endeavoured so far as in them lay by Force and Terror to compel the Parliament to joyn with them in their Traiterous Designs and to that End have Actually Raised and Countenanced Tumults against the King and Parliament VII And they have Traiterously Conspired to Levy and actually have Levied War against the King After which Mr. Attorney declared That he was farther charged to desire certain things on his Majesties behalf 1. That a Select Committee of Lords may be appointed to take the Examinations of such Witnesses as the King will produce in this business as formerly hath been done in Cases of the like Nature according to the Justice of this House and this Committee to be under a Command of Secresy as formerly 2. And his Majesty Commanded him to ask Libenty to add and alter if there should be Cause according to Justice 3. By the like Commandement he desired that their Lordships would take care for the securing of the Persons as in Justice there should be Cause Hereupon the Lord Kymbolton being present in the House offered himself to obey whatsoever it should please this House to Impose upon him and what course their Lordships would please to take with him he would submit thereunto but as he had a Publick Charge so he desired he might have a publick Clearing Hereupon it was Ordered That this business shall be taken into Consideration by a Committee of the whole House and to consider whether this Accusation of Mr. Attorney General of the Lord Kymbolton and others of High Treason and High Misdemeanors be a Regular proceeding according to Law and whether there were any such Proceedings ever before in this House and whether an Accusation of Treason may be brought into this House by the Kings Attorney against a Peer of Parliament and whether any Person ought to be Committed to Custody upon a general Accusation from the King or the House of Commons before it be reduced into Particulars And these Lords following were appointed Committees to peruse and consider of Presidents and Records concerning the aforesaid Particulars and Report the same to the House Lord Steward Lord Chamberlain Earl of Bath Earl of Southampton Earl of Warwick Earl of Bristol Earl of Holland Mr. Serjeant Whitfield and Mr. Serjeant Glanvile Assistants their Lordships or any five of them to meet and search Records when and where they please After this a Petition of the twelve Bishops that are Impeached by the House of Commons of High Treason was read Desiring that they may have Council Assigned them by this House to advise them in their defence and in particular They desired these Councellors following Mr. Counsel Assigned for the Bishops Lane the Princes Attorney Sir Thomas Gardner Recorder of London Mr. Herne Mr. Chute Mr. Fountain Mr. Hales Mr. Trevor who were thereupon by the Lord Assigned to be of Council for the Bishops It was also Ordered That this House layes no restraint upon any Member of this House but any Peer may go and see the Bishops in the Tower if he please Then the House Ordered That in regard of the many Occasions at this present the House cannot take the Propositions brought last from the Scotch Commissioners concerning Ireland into so speedy Consideration as the Necessity of the Kingdom requires That the Lords Commissioners do Treat with the Scotch Commissioners about the said Propositions and bring them to as low Terms and Conditions as they think fit for this House to grant and to Report the same to the House The King in Prosecution of his Impeachment of the aforesaid Gentlemen of the House of Commons had Commanded their Chambers Studies and Trunks to be Searched and had Issued out Warrants for their Apprehension in order to bring them to a Fair and Legal Tryal but this Procedure did so fire and Irritate the Faction that they fell to Voting and out-cries of the Breach of Priviledge of Parliament as if those very Walls had been a Protection against Treason as indeed they afterwards proved For it was Immediately Resolved c. That the several Parties now Sealing up of the Trunks or Doors or Seizing the Keyes of Mr. Pym Mr. Hollis or any other Members of this House that the Serjeant shall be informed of Votes concerning Sealing of Trunks Doors c. shall be forthwith Apprehended and brought hither as Delinquents and that the Serjeant shall have Power to break open the Doors and to break the Seales off from the Trunks Resolved c. That Mr. Speaker shall Issue a Warrant directed to the Serjeant at Armes attending on this House to the Effect of the Order abovesaid Resolved c. That if any Persons whatsoever shall come to the Lodgings of any Member of this House and there do offer to Seal the Trunks Doors or Papers of any Members of this House or to Seize upon their Persons that then such Members shall Require the Aide of the Constable to keep such Persons in safe Custody till this House do give further Order and this House doth declare That if any Person whatsoever shall offer to Arrest or Detain the Person of any Member of this House without first acquainting this House therewith and receiving further Order from this House that it is lawful for such Member or any Person Assisting him to stand upon his and their Guard of Defence and to make resistance according to the Protestation taken to defend the Priviledge of Parliament And Mr. Conference about Breach of Priviledge in Sealing Studies c. Walter Long was sent up with a Message to the Lords for a Conference by a Committee of both Houses touching the Breach of Priviledge of Parliament which the Lord Keeper Reported as follows That the House of Commons apprehended the Parliament to be the great Council and the Representative Body of the Kingdom and both Houses are but one Body of the Realm the Priviledges are as the Walls and Sinews of the Parliament which being cut
Yea 170. Mr. Arthur Goodwinn Tellers for the Yea 170. Whereupon It was Resolved c. That a Committee shall be named by this House to fit at Guild-Hall and all that shall come to have Voices at this Committee That this Committee shall have Power to direct and appoint such Monies to be paid as shall be necessary for the Troops at Chester That the Committee for Munster shall have power to sit when they will and to put in Execution all such Propositions as are already agreed upon by both Houses of Parliament Then this following Paper drawn by the forementioned Committee was read and afterwards Voted A Paper concerning his Majesties coming to the House of Commons in vindication of Privileges their adjournment to Guill-Hall London Whereas his Majesty in his Royal Person Yesterday being the 4th of Jan. 1641. did come to the House of Commons with a great multitude of Men Armed in a War-like Manner with Halberds Swords and Pistols who came up to the very Door of this House and placed themselves there and in other Places and Passages near to the House to the great Terror and Disturbance of the Members then thereof sitting and according to their Duty in a peaceable and orderly Manner treating of the great Affairs of both Kingdoms of England and Ireland and his Majesty having placed himself in the Speaker's Chair did demand the Persons of divers Members of that House to be delivered unto him It is this Day declared by the House of Commons That the same is a high Breach of the Rights and Priviledges of Parliament and inconsistent with the Liberty and Freedom thereof And therefore the House doth conceive they cannot with Safety of their own Persons or the Indemnities of the Rights and Priviledges of Parliament sit here any longer without a full Vindication of so high a Breach of Priviledge and a sufficient Guard wherein they may confide for which both Houses joyntly and this House by it self have been humble Suitors to his Majesty and cannot as yet obtain Notwithstanding which this House being very sensible of the great Trust reposed in them Especially at this time of the manifold * Which they had occasioned Distractions of this Kingdom and the lamentable and distressed Condition of the Kingdom of Ireland doth Order That the House shall be adjourned until Tuesday next at One of the Clock in the Afternoon and that a Committee to be named by this House and all that will come to have Voices shall sit at Guild-Hall in the City of London to morrow Morning at 9 of the Clock and shall have Power to consider and resolve of all things that may concern the Good and Safety of the City and Kingdom and particularly how our Priviledges may be vindicated and our Persons secured and to consider of the Affairs and Relief of Ireland and shall have Power to advise and consult with any Person or Persons touching the Premisses and shall have Power to send for Parties Papers and Records And it is further Ordered That the Committee for Irish Affairs shall meet at the Guild-Hall aforesaid at what time they shall think fit and consult and do touching the Affairs of Ireland according to the Power formerly given them by this House And that both of the said Committees shall report the Results of their Considerations and Resolutions to the House Then it was resolved upon the Question That it shall be thus Ordered The Committee appointed to sit at Guild-Hall Mr. Chancellor of the Exchequer Mr. Glyn Mr. Whitlock L. Falkland Sir Philip Stapleton Mr. Fiennes Sir Ralph Hopton Sir John Hotham Sir Walter Earl Sir Robert Cooke Sir Thomas Waslingham Sir Samuel Rolls Mr. Pierrpoint Mr. Walther Long Sir Richard Cave Sir Edward Hungerford Mr. Grimston Sir Christopher Wray Sir Benjamin Rudiard Sir John Hippesley Mr. Herbert Price Sir John Wray Sir Thomas Barrington Mr. Wheeler Sir William Litton And this Committee are appointed by the former Order and are to pursue the Directions of the former Order and all that will come are to have Voices at this Committee These Resolutions following Orders concerning Ireland to exhaust the King's Stores being the Sum of what was agreed upon by the Committee of both Houses for Irish Affairs were this Day presented to the House and read and by Vote upon the Question ordered accordingly That the Arms and Ammunition of all Sorts with the Ordnance at Carlisle be sent into Ireland to Carrickfergus for Supply of those Parts of the North of Ireland and the Arms to be Ordered as my Lord Lieutenant shall direct That for a further Supply of those Parts and for the Arming of those two Regiments under the Lord Conway and Sir John Clotworthy that there be sent from the Tower 1000 Muskets with Bullet and Match proportionable 1500 Swords 10 Last of Powder these Arms and Ammunition to be sent thither and ordered and disposed of as the Lord Lieutenant thinks fit That 10 Last of Powder with Bullets and Match proportionable be sent from the Tower to Munster to be delivered to the Lord President of Munster or whom the Lord Lieutenant thinks fit That 2000 l. be Ordered to be delivered to Sir William Brereton upon Account for Payment of the 300 Horse now at Chester and for their transportation out of the Subsidies or Poll-Money That 3000 l. be assigned to be received in Cheshire or Wales out of the Subsidy or Poll-Money by the Victualler for the present Relief of Dublin and Drogheda That 2000 l. be delivered to the Victualler of Carrickfergus who is ready to set on the Work here having a Ship at his Charges in the River The Commons had as a Committee sate at Guild-Hall in the Morning where it seems there were great Debates concerning the Breach of Priviledges upon which Subject I find in the Prints of those times some Speeches enumerating some of the Priviledges of Parliament at least then reputed so which whether they remain so still I leave to the decision of those who are concerned The Speeches were as follows Mr. Speaker THere are no Courts of Judicature in this Kingdom of England Mr. Grimston's Speech at the Committee sitting at Guild-Hall Jan. 5. concerning Breach of Priviledges c. but they have several Rights and Priviledges appertaining and belonging unto them and have such Power and Authority in the several Jurisdictions of the same Offices that they may call to an account prosecute and bring to Judgment the Infringers and Breakers of the same Of all these Courts there is none yea put them all together they are not of such Power and Jurisdiction but inferior and subject to the Ordinances and Statutes of the High Court of Parliament Mr. Speaker of such awful predominancy is the very Name of a Parliament to this Nation that it strikes with Terror and Despair all such Evil Doers as are Male-factors in the State On the contrary side it cherishes and comforts the drooping spirits of men
Sir Arthur Haslerig Mr. Pym Mr. Hampden and Mr. Strode by Sir William Killigrew Sir William Flemen and others in the Innes of Court and elsewhere in the Kings Name was a high Breach of the priviledge of Parliament a great scandal to his Majesty and His Government A seditious Act manifestly tending to the subversion of the peace of the Kingdom and an injury and dishonour to the said Members there being no legal charge or accusation against them The priviledges of Parliament and the liberties of the Subject so violated and broken cannot be fully and sufficiently vindicated unless His Majesty will be graciously pleased to discover the names of those persons who advised his Majesty to issue out Warrants for the Sealing of the Chambers and Studies of the said Members to send a Serjeant at Arms to the House of Commons to demand their said Members to issue out several Warrants under His Majesties own hand to apprehend the said Members His Majesties coming thither in his own Royal person The publishing of the said Articles and printed paper in the form of a Proclamation against the said Members in such manner as is before declared To the end that such persons may receive condign punishment And this House doth further declare Voted Jan. 17th 1641. That all such persons as have given any Counsel or endeavoured to set or maintain division or dislike between the King and Parliament or have listed their names or otherwise entred into any combination or agreement to be aiding or assisting to any such councel or endeavour or have perswaded any other so to do or that shall do any the things above mentioned And shall not forthwith discover the same to either House of Parliament Or the Speaker of either of the said Houses respectively and disclaim it are declared publick enemies of the State and peace of this Kingdom and shall be inquired of and proceeded against accordingly But to proceed This Morning Sir Henry Vane Sir Walter Erle Sir Sam. Rolls and Sir Simon D'Ewes were appointed to examine the Pacquet from France directed to Mr. Crofts which they did and Reported That they found nothing in those Letters of any Consequence Mr. Whittacre also Reported That he had searched the Lodgings of Sir James Hamilton according to the Order yesterday but found no Arms there as was informed Committee to Try Frivolous Informations Whereupon Mr. Long Mr. Whittaker Mr. Strode Sir Arthur Haslerig Mr. Cary Mr. Arthur Goodwin Sir John Franklyn Mr. Whitehead Sir John Evelyn Mr. Wheeler Sir John Holland Sir Robert Pye Mr. Glyn Mr. Brown Mr. Reynolds and the Citizens for London were appointed to be a Committee and they or any three of them to have Power when Informations come to be given to the House to examine them and if they find them worth the knowledg of the House to acquaint the House therewith and if they find them not of any consequence to dismiss the Business and the Parties and they have power to send for Parties Witnesses and Writings and to make searches as they see Cause and to open Doors Chests or Trunks There is nothing can make it more evident then the appointing this Committee that these People were abundantly satisfied and sensible that they were horribly imposed upon by frivolous Informations and yet they were so void either of Honor Honesty or Conscience without due Examination to impose those false Informations upon the Nation as great Truths as particularly the Lord Digbie's being at Kingston with 500 armed Men which made such a noise that the Trained Bands and Posse Comitatus were raised to disperse a Rebellious Assembly of a Coach and six Horses and the ordinary Retinue of a Nobleman but this was their Way and they were not concerned to search for the truth of their Informations but the Consequences of them and whether they would turn to Account to blacken the King and inflame the People His Majesty had sent down Captain Legg to take Charge of the Town of Hull and the Ammunition there whereupon the Commons who had before Ordered Sir John Hotham to be Governor a Committee was appointed to consider of the Bail given to the Serjeant for any Person committed by the House to the Custody of a Serjeant and to report their Opinion to the House both concerning the Bail and Persons bailed and upon their Report It was Ordered That those Lords that are Bail for Captain Legg shall be moved to bring in Captain Legg forthwith and the Serjeant is to move those Lords accordingly The Officers and Gunners of the Tower having been Summoned to attend the House Gunners of the Tower examined by the Commons and accordingly appearing it was Ordered That Sir Gilbert Gerrard Mr. Hampden Sir Robert Pye and Sir Henry Mildmay do Examine the Officers of the Tower now at the Door what Persons suspected have been lately put into the Tower and to ask them if they will all take the Protestation and to acquaint them That this House sent for them in respect that they have a good Opinion of them thinking they might have had occasion to use them but at this time they have not and so to dismiss them The House was then informed Lieutenant of the Tower at the Commons Bar. That the Lieutenant of the Tower Sir John Byron was at the Door who was called in to the Bar and kneeled there a while and then rising again delivered an humble Petition to the House which was read and it was Ordered That the Serjeant should acquaint him that the House hath read his Petition and in due time will take it into Consideration The Commons having desired the Lords to joyn with them Friday January 14. in an Order for several Counties to raise Force to Suppress the pretended Army of the Lord Digby assembled at Kingston the Lords this Day made a general Order for suppressing all Tumults and unlawful Assemblies throughout this whole Kingdom as follows WHereas Information hath been given to the Parliament Order for suppressing Tumults That the Lord Digby Son to the Earl of Bristol and Colonel Lunsford with others have gathered Troops of Horse and have appeared in warlike Manner at Kingston upon Thames in the County of Surrey where the Magazine of Arms for that part of the County lies to the Terror and Affright of his Majesties good Subjects and disturbance of the Publick Weal of the Kingdom It is this Day ordered by the Lords and Commons in Parliament That the Sheriffs of the several Counties of England and Wales calling to their Assistance the Justices of the Peace and the Trained Bands of the several Counties or so many of them as shall be necessary for the Service shall suppress all unlawful Assemblies gathered together to the Disturbance of the Publick Peace of the Kingdom in their several Counties respectively and that they take Care to secure the said Counties and all the Magazins in them And it was Ordered to be Printed 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 English who lived under them rise against them with great Malignity and joyn with the Rebels They defaced the Chargeable Buildings and profitable Improvements of the English to their uttermost Power They threaten all the English to be gone by a time or they will destroy them utterly and indeed they give out publickly That their purpose is totally to Extirp the English and Protestants and not to lay down Arms until by an Act of Parliament here the Romish Religion be Established and that the Government be settled in the hands of Natives and all the old Irish restored to the Lands of their supposed Ancestors These and other Miseries and Calamities the English and Protestants of all Conditions here do suffer which we cannot mention without horror and grief of Heart Besides in these high Disturbances and general mischiefs the Irish inhabiting on the Borders of the Counties of Meath and Lowth adjoyning to the Counties of Cavan and Monaghan do make daily Incursions on all the English near them and Rob and Spoyl them of all they have whereby many are utterly undon and ruined in their Estates The Rebels finding their numbers to increase which we are informed to be very many and in many Places insomuch as it is conceived that they are not less than thirty thousand already declared assemble themselves in great Parties whom notwithstanding we dare meet with far fewer numbers as we hope to be Armed and Horsed they for the most part being as yet meanly provided of any Arms or Munition but such only as they got from the English whom they Robbed and the Kings Magazins which they surprised They sent a Party of their men to the Town of Dundalk an antient Corporation which held firm to the Crown in all the times of the late Rebellions in this Kingdom When they approached the Town on Saturday last it was rendred up to them without a blow strucken in the defence of it They are now advancing immediately to Drogheda a Walled Town upon the Sea Coast within twenty Miles of Dublin and if they can prevail there it is conceived they will March immediately hither to Besieâ—e this City and Castle In this straight and therein our extream want of Money and Arms as well as men adding to our grief We conceived it became of absolute necessity to find means to imploy some strength as well to deter the Rebels and their Adherents as to countenance and if it be possible to preserve the good Subjects especially in these Parts And therefore having sent what Supplies of Arms and Munition we could to Drogheda we raised here a thousand Foot consisting of as many English as we could possibly gather yet a great part of them are Irish whom we are necessitated to trust and have Armed them and they are now Marched with two Troops of Horse towards Drogheda But if through the defection of these Irish in that Regiment or any other accident it should so happen as God forbid that the Rebels should prevail against them then considering the present State and Condition of this City we must utterly dispair of being able to keep it against the Rebels unless we be with all possible speed relieved from thence with Men Money and Arms and on the other side not to send forth those Troops would be extreamly Dangerous as giving not only too much heart to the Rebels when they should see themselves able to come so far without resistance but also great Discouragement and Terror to the well affected when they should see us unable to shew any strength for their defence We hold it our duties thus to acquaint your Lordships with the Lamentable State wherein this Kingdom stands that so his Majesty and the Parliament there may understand it and then we hope they will provide for relieving us Immediately with ten thousand Foot and one thousand Horse for the present well Armed and further Provision of Arms to furnish the Stores as also some able Commanders and one hundred thousand pound in money to pay them and answer other occasions here which being now speedily sent us may prevent the Effusion of very much English Bloud and the vast expence of Treasure hereafter which must of necessity be spent if we be not presently thus relieved We must also make known to your Lordships that upon this occasion many of the Noblemen and Gentry of the Pale coming to us for Arms as also many in this City and other Towns We held it the safest way to avoid their Suspition of our Jealousie of them and so we yielded to set some prime Men and some Counties also to have Arms and Munition for their defence against the Rebels upon deep professions of their Loyalty to the Crown who we hope will be a strength to us But however there was no safety to let them lodge any thoughts of Jealousie in us against them And our Issuing of Arms in that manner hath very much lessened our stores Sir Faithful Fortescue coming lately from Drogheda shewed us a Paper which he told us was dropped under a Stall at Drogheda and so was brought to him it seems to be a Declaration of some of the reasons pretended by the Rebels for taking up Arms which Paper we humbly offer to your Lordships here inclosed as also two Proclamations Published by us by occasion of this Rebellion since our last dispatch to the Lord Lieutenant The Lord Magwire and Mr. Mahown the two Principal Prisoners we have we should think fit to send into England for their more safety and to take a way from the Rebels all hope of delivering them from Prison by their coming hither to besiege this Place wherein therefore we humbly 〈◊〉 a speedy Signification of his Majesties or your Lordships good pleasure to be hastened unto us To quicken our Supplies from thence without which and that with all possible speed we cannot expect to live to give his Majesty an account of this Place We have now written our Letters to the Lords and Commons House of Parliament there and have for the particulars referred to these our Letters to your Lordships humbly beseeching your Lordships to Communicate them to both Houses yet so we hope as those Parts thereof which your Lordships may easily judge are fit to be kept secret and being published may discover our Disability to make defence and our Apprehensions of great and Eminent danger may not come to common view We have also so extreamly necessary it is sent this Bearer Richard Fitz Gerald Esq as an Express Agent or Sollicitor from this State to attend his Majesty and your Lordships that so by his Majesties gracious Interposition and your Lordships Mediation for us to the Parliament there the succors we expect may be seat us which if they come not immediately we crave leave to repeat it again and again the Kingdom will be utterly lost and all the English and Protestants in Ireland destroyed and so England instead of Subjects will have Enemies here who
will continually disturb the Peace of that Kingdom as well from hence as from Forreign Powers for no way will be left unattempted by them whereby the Peace of that Kingdom may be disturbed and then of necessity England must be forced to undertake a new conquest of this Kingdom for a politick Reformation will then become impossible and to make a new Conquest will be now more difficult and chargeable then in any former times in reguard the Ports and Inland Towns and the Principal Strengths will be immediately lost as some of them already are which are now more in number by much then were here in former times and the People better disciplined in the rules of War besides many other advantages they have as well by the return hither of Commanders of the Irish who served in Forreign Nations as otherwise which they wanted in the time of former Rebellions there and besides all the meer Irish now in the Service of the King of Spain will undoubtedly return hither to joyn with the Rebels And so we humbly take leave and remain from his Majesties Castle of Dublin 5. November 1641. Your most Honourable Lordships humbly at Commandment Will. Parsons Jo. Borlase J. Dillon Ant. Midensis Jon. Kaphâ—e Cha. Lambart Ad. Loftus J. Temple Cha. Coote P. Crosbie Tho. Rotherham Ja. Ware Rob. Meredith A Letter of the same Date was also sent to the Speaker of the House of Commons A Letter from the Lords Justices Council in Ireland to the Speaker of the H. of Commons No. â—th 1641. in these words SIR SVch are the present Calamities under which all the English and Proâ—â—stants in Ireland do now suffer as if Supplies of Men Money and Arms come not speedily forth of England hither it cannot be avoided but the Kingdom must be lost and all the English and Protestants here destroyed wherefore as we have now humbly represented the same more fully to the Lords of his Majesties most Honourable Privy Council and formerly to his Majesty and to the Lord Lieutenant of this Kingdom so we adjudge it fit by these our Letters to you to make it known to the Honourable the Commons House of Parliament there who cannot but foresee the many other grievous and Lamentable Consequences which the loosening of this Kingdom must unavoidably bring to England and certainly this Kingdom and the Lives of Vs all here and all the Protestants in the Kingdom were never in so great Danger to be lost as at this instant no age having produced in this Kingdom an example of so much Mischief done in so short a time as now we find acted here in less then a fortnights space by Killing and Destroying so many English and Protestants in several Parts by Robing and Spoyling of them and many thousands more of his Majesties good Subjects by Seizing so many Castles Houses and Places of Strength in several Parts of the Kingdom by threatning the English to depart or otherwise that they will destroy them utterly and all their Wickedness acted against the English and Protestants with so much Inhumanity and Cruelty as cannot be imagined to come from Christians even towards Infidels We comfort our selves with this hope That by the Blessing of God on the Wisdom of that Honourable House we may have sudden and full Supply from thence whereby we may be enabled to preserve the Kingdom and consequently prevent the further Lamentable Mischiefs which may otherwise follow And so we remain from his Majesties Castle of Dublin 5. November 1641. Your very assured Loving Friends Will. Parsons Jo. Borlase J. Dillon Ant. Midensis Joh. Raphoe Cha. Lambart Ad. Loftus J. Temple P. Crosbie Cha. Coote T. Rotherham Ja. Ware Rob. Meredith Sp. of Com. And after this another Letter was dispatched to the Speaker of the House of Commons which spoke this Language A Letter from the Lords Justices Council of Ireland to the Speaker of the H. of Commons No. 13th 1641. SIR BY Letters from the Lord Lieutenant of this Kingdom we observe how sensible the Honourable Commons House of Parliament there is of the Insolencies of the Rebels here and of the present danger of the whole State and Kingdom and the readiness and forwardness wherewith that Honourable House hath ordeined Aids and Supplies for us which exceedingly Comfort us amidst the Distresses wherein we now stand And we crave leave as to acknowledg with most hearty thanks to that Honourable House the High Favour we have therein received and our joyful apprehension thereof so to intreat most earnestly that the Supplies may be hastened unto us with all possible speed in such a proportion as by our Letters of the fifth of November to the Lord Lieutenant we humbly moved and in such manner as by our Letters now sent to his Lordship we humbly desire wherein if all possible speed be not used the deliverance intended by that Honourable House to this State and Kingdom may be prevented and so the Cruel and Barbarous Rebels become possessed of the Kingdom which we Submit to the deep Judgement of that Honourable House And so we remain from his Majesties Castle of Dublin 13. November 1641. Your very assured Loving Friends Will. Parsons Jo. Borlase Ormond Ossery J Dillon Cha. Lambart Ad. Loftus Gerrard Lowther P. Crosbie Ja. Ware Rob. Meredith Sp. of Com. House But the Parliament of England as may be observed before in the preceeding Transactions of the two Houses though they made a mighty bustle and noise about relieving of Ireland made but very slow steps towards the Suppressing of the Rebellion in good Earnest And notwithstanding the pressing instances and repeated Messages of his Majesty to forward that Affair they were two much taken up with the Management of their own Designs to assist that distressed Kingdom to any purpose They gave a great many good words and sent over Letters full of Promises of Men Money and Provisions but all the course they took was to borrow Money of the City of London and the Merchants which was not considerable for such a Work and for Men though the King offered presently to raise 10000. Volunteers if the two Houses would undertake to pay them they would by no means hear of it but did all they could to discourage those Levies by questioning such as beat up Drums for Volunteers for that Service By this means and by some other Actions before recounted this Rebellion which was at first but a few Sparks and might without difficulty have been Extinguished grew to be an Universal Flame And nothing can be more evident then that how general soever the Conspiracy was many of the Irish stood at Gaze to see what would become of the First Commotions but observing the little Force which was in Ireland to oppose them the little probability of Succors from England the great Animosities and Dissentions and a Prospect of a Civil War in England between the King and the two Houses and being incouraged with hopes of Forreign Assistance
Violence The Ulster Rebels are grown so strong as they have sufficient Men to leave behind them in the places they have gotten Northward and to lay Siege to some not yet taken as Emiskillin in the County of Fermanagh and Agher in Tirone and yet to come many thousands to besiege Drogheda in view whereof within 3 or 4 Miles they have stood with their Colours flying since Sunday the 21st of November expecting more Forces from Cavan and that way to gird the Town round about They have already taken Mellifont the Lord Moor 's House though with the loss of about 120 Men of theirs and there in cold blood they murdered Ten of those that manfully defended that place We hear also that the whole County of Lowth both Gentry and others are joyned with the Rebels and that the Sheriff and John Bellew Esq is likewise with them this County being one of the five of the English Pale having formerly still been true to the Crown In the County of Meath also being the most considerable of the five all the Common People and many of the younger Sons of the Gentry beyond the River of Boyne Twenty Miles from Dublin do either joyn with the Rebels or otherwise rob and spoil the English Protestants till within Six Miles of Dublin We sent to Drogheda 1100 Foot and 3 Troops of Horse and caused Four other Foot Companies to be raised there and this day we send thither 600 Foot more raw Men and unexperienced and another Troop of Horse And we provide the best we may for the defence of this City yet most of the Men we have are not Trained nor Exercised and many of them are Irish for others we have not and we fear that when we come to blows many of those will forsake their Commanders and side with the Rebels as they have done in the Counties of Cavan and Wickloe where of Companies of 40 Men of our Soldiers not above six or seven stayed on our side but took part with the Enemy Our main indeavour is to preserve this City and Castle for his Majesty The Rebels have now framed an Oath which they Administer to all that joyn with them the Copy whereof you have here inclosed as it was taken out of some Copies scattered abroad for all Mens view To conclude we renew our Suit for our Supplies of 100000 l. in Money 10000 Foot and 1000 Horse in present and Arms and Munition for them and for the Stores and Places of Defence not yet lost and that so much Money Men and Arms as are already gotten may be sent onward and the rest to be sent after and that the third part of the Shot be Callivers and the other two parts bastard Muskets as more suiting with the Service of this Kingdom and if those Supplies be not immediately sent away the Kingdom will be in danger to be lost Extract of a Letter of the said Lords Justices and Council of the 26th of November to the said Lord Lieutenant WE have received information That the Lord Viscount Dillon who Two Months since was admitted to be a Member of this Board and is now imployed by the Lords House of Parliament here to attend his Majesty carries along with him or is to have sent after him some Writing Signed by many Papists of the Nobility and Gentry of this Kingdom which Writing as we are Informed contains a profession of Loyalty to his Majesty and an offer of themselves by their Power to reprieve this Rebellion without Aids of Men from England which if there be any such his Lordship though a Member of this Board hath not Communicated with us the Justices who ought to be made acquainted with what may have Relation to the Safety of the Kingdom But if the Lord Dillon 's Counsel shall tend any way to stay the Succours intended to be sent us out of England or to entertain his Majesty with a belief that those here will raise sufficient Force to reduce this Kingdom we humbly beseech leave to declare our Opinions herein That is that if our expected Succours from England be kept from us undoubtedly the English and Protestants of this whole Kingdom will be either put to the Sword or be forced to forsake the Kingdom and the sole Power and Sway in all Magistracy must necessarily fall into the hands of the Irish which will at their own pleasure shake off the Government of England and set up their Idolatrous Religion and prove the most dangerous Enemies to England We do confide so much in the Wisdom of His Majesty and the Parliament of England and your Lordships prudent Conduct of a matter so highly importing the State as that they will not to save a little charge expose both Kingdoms to such Dangers after the expence of so much English Blood and Treasure as hath been spent to gain this Kingdom nor will the charge be lost in overcoming this Rebellion by the Wisdom and Valour of England when it shall be abundantly recompenced not only in the settlement of a more firm Peace and Safety to England but also in raising a greater and more considerable Revenue here to the Crown then formerly out of the Estates of the Authors of the mischief The Rebels keep from us all Accesses to our Markets to starve us as they say nor can we help it for want of Men to send abroad several ways So it will be absolutely necessary that the Magazine of Victuals on the English Sea-Coasts on this side be fully stored with all speed that Supplies be hastened hither to Dublin A Regiment of a 1000 Men raised in Munster by Colonel Garret Barry for Spain was Commanded to Disband by the Lord President but they continue still as they were increasing in their numbers We have not yet sufficient force to compel them and it is doubted that he expects there some Arms from Foreign Parts so as it appears necessary that the Shipping designed for guarding those Coasts be hastened away speedily Extract of a Letter of the Lords Justices and Council to the Lord Lieutenant Dated the 27th of November 1641. WE hear that some have given out that our Dangers here are not so great as we declare which misinformations if they should gain credit there might cause the lessening or retarding our Supplies which perhaps may be the aim of those that have so misinformed if any can be so wicked and though we hope that such reports cannot be of equal value or estimation with the joynt representations of this State yet we crave leave to declare that the Rebellions are such and so great as we have formerly represented and far more dangerous then Words can express and we affirm That if those Supplyes come not speedily the Danger will be found far more lamentable to both Kingdoms and we beseech that no Credit be given to the contrary The Disturbances are now grown so general that in most Places and even round about this City within 4 Miles of us not the
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
May it please your Lordships WE have received your Letters of the third of this Instant The Answer of the Lords of the Pale to the Lords Justices Dec. 7. 1641. intimating that you had present occasions to confer with us concerning the present State of the Kingdom and the safety thereof in these times of danger and requiring us to be with you there on the eighth day of this Instant we give your Lordships to understand that we have heretofore presented our selves before your Lordships and freely offered our advice and furtherance towards the particulars aforesaid which was by you neglected which gave us cause to conceive that our Loyalty was suspected by you We give your Lordships further to understand that we have received certain Advertisement that Sir Charles Coot Knight at the Council Board hath uttered some Speeches tending to a purpose and resolution to Execute upon those of our Religion a general Massacre by which we are all deterred to wait on your Lordships not having any security for our safety from these threatned Evils or the safety of our Lives but do rather think it fit to stand upon our best guard until we hear from your Lordships how we shall be secured from these Perils Nevertheless we all protest that we are and will continue both Faithful Advisers and resolute furtherers of his Majesties service concerning the present State of the Kingdom and the safety thereof to our best Abilities and so with the said tender of our humble service we remain Your Lordships humble Servants Fingale Slaine Netterville Lowth Gormanston Dunsany Oliver Trimbleston Decemb. 7. Received 11. 1641. To the Right Honourable our very good Lords the Lords Justices and Council of Ireland For much about this time the Lords of the Pale had entered into a Combination with the Vlster Rebels as appears by the Deposition of Edward Dowdall Esq a Gentleman of the Pale who was present at the whole Management of this Affair and deeply concerned in all their Councels and Actions who Deposed before Sir Rob. Meredith Chancellour of the Exchequer as followeth HE Deposeth The Deposition of Mr. Dowdall concerning the Treaty between the Lords and Gentlemen of the Pale and the Ulster Rebels That some four or five days after the defeat of the English Souldiers at the Bridge of Gellianstown there Issued a Warrant from the Lord of Gormanston to the Sheriff of the County for a general Meeting of all the County of Dulick But the Place of Meeting was afterwards changed to the Hill of Crofty where all the Lords and Gentry of the Country met viz. The Earl of Fingale the Lord Viscount Gormanston the Lord of Slaine the Lord of Lowth the Lord of Dunsany the Lord of Trimblestone the Lord Nettervile And of the Gentry Sir Patrick Barnwall Sir Christopher Bellow Patrick Barnwall of Kilbrew Nicholas Darcy of Plattin James Bath of Acharn Garret Ailmer the Lawyer Cusake of Gormanston William Mallone of Lesmullin Sedgrave of Kileglan Linch of the Knos Lynam of Adamstown Laurence Doudal of Athlumney Nicholas Doudal of Brownstown this Examinates Brother and him this Examinate with a Multitude of others to the number of 1000. Persons at the least whose names he this Examinate cannot for the present call to mind And after about two or three hours spent upon the said Hill of Crofty by the Lords and Gentry aforesaid There came towards them Collonel Mahowne Philip O Rely Hugh Boy Rely Roger Moore Hugh Birne and Captain Fox attended on with a Guard of Musqueteers And this Examinate saith That as soon as the Parties drew near unto the said Hill the Lords and Gentry of the Pale rode towards them and the Lord of Gormanstone being one of the first spake unto them and demanded of them Why and for what reason they came Armed into the Pale Vnto which Roger Moore made present Answer That the Ground of their coming thither and taking up Arms was for the Freedom and Liberty of their Consciences the maintenance of his Majesties Prerogative in which they understood he was Abridged and the making the Subjects in this Kingdom as free as those in England were Whereupon the said Lord of Gormonston desired to understand from them truly and faithfully whether those were not pretences and not the true ground indeed of their so doing and likewise whether they had not some other private ends of their own which being by all denyed upon profession of their sincerity his Lordship the Lord Gormanston then told them Seeing these be your true ends we will likewise joyn with you therein unto which course all agreed And thereupon it was publickly and generally declared that whosoever should deny to joyn with them or refuse to assist them therein they would account him as an Enemy and to the utmost of their Power labour his Destruction And this Examinate saith That after the agreement so made as aforesaid There issued another Warrant to the Sheriff of the County of Meath to Summon all the Lords and Gentry of the County of Meath to be at the Hill of Taragh about a week after and accordingly there met at the same place the Earl of Fingale the Lord of Gormanston and the rest of the Lords and Gentlemen aforenamed together with Sir Thomas Nugent and Nicholas Plunket the Lawyer Birford the Lawyer and a multitude of others and the work of that day was first to make Answer to a Summons made by the State for the calling of the Lords unto Dublin which Answer was brought ready drawn by the Lord of Gormanston and presented by his Lordship and being perused by the said Council at Law was Signed by the Lords The Board having Information that Luke Netterville Esquire George Blackney of Richenhore Esquire George King of Clantarf and others were Assembled at Swoords they sent to charge them upon their Allegiance forthwith to depart and not to unite any more in such a manner as by the following Order from the Board appears By the Lords Justices and Council William Parsons John Borlase WHereas we have received Information An Order of the Lords Justices and Council to dissolve an unlawful Assembly at Swoords Dec. 9. 1641. that Luke Nettervile Esq George Blackney of Rickenhore Esq and George King of Clantarfe Gentleman and other Gentlemen of the County of Dublin with great numbers of Men are Assembled together in a Body at Swoords and thereabouts within six Miles of this City for what intent we know not but apparently to the Terror of his Majesties good Subjects and though considering the unseasonableness of this time chosen for such an act without our privity whatsoever their pretence is a construction might be made thereof to their disadvantage yet we being willing to make an Indulgent Interpretation of their Actions in regard of the good opinion we have of the Loyalty of those Gentlemen who it seems are principals amongst them in that Assembly and conceiving there may be some mistaking in that enterprise we have
since we find there is little hope of it for some of the Priests are returned nothing being wrought thereby However it is fit your Lordship should know what we do we must now crave leave to declare to your Lordship That things being risen here to this height threatning not only the shaking of the Government but the loss of the Kingdom as the Supplies of Men Arms and more Treasure are of great necessity to be hastned away hither so is it also needful that we enjoy your Lordships presence here for the conduct in your own person of the great and important Affairs of this State as well in the Martial as in the Civil Government which do necessarily require it in this time of great imminent danger wherein so far as we may be able to contribute any assistance with you we shall be ready to discharge our duties therein with that loyalty and uprightness of heart which we owe to his Majesty and the particular respect due from us to your Lordship but we hope you will bring that strength with you which may befit the greatness of the King our Master to send with his Lieutenant against so numerous Enemies as these Rebels are become as well for the Honour of his Majesty as for the terror of those Rebels By what we have heretofore and now humbly represented to your Lordship you may in part see the greatness of the publick danger wherein this Kingdom now stands and particularly this City and Castle the principal piece thereof that if those be lost which we now again assure your Lordship were never in so great peril to be lost since the first Conquest of this Kingdom by the Crown of England the whole Kingdom must quickly follow that the danger which must thereupon arise to the Kingdom of England is very great in many Respects There is no possibility to prevent those Evils with Honor and Safety to England but by Succors from thence or Scotland or both and that if those Succors come not speedily it cannot be avoided but the Kingdom must be lost And if notwithstanding all this so often and truly made known by us to your Lordship we shall perish for want of Supplies we shall carry this Comfort with us to our Graves or any other Burial we shall have That your Lordship can witness for us to the Royal Majesty and to all the World that we have discharged our Duties to God to his Majesty to that Nation and to this in humbly representing to his Majesty by your Lordship the chief Governour of the Kingdom the Extremities and Dangers wherein his Kingdom and People stand and the necessity of hastning Supplies hither by all possible means for preservation of both so as whatever become of our persons our memory cannot be justly stained with so wretched a breach of Faith and Loyalty to the King our Master as to forbear representing thither the Extremities wherein we are whether we have the Credit to be believed or no and that we write Truth and most needful Truth will be found true when perhaps we shall perish and which is more considerable the Kingdom also for want of being Relieved and Succoured in time And so we remain Your Lordships to be Commanded William Parsons Ormond Ossory Char. Lambert John Temple Francis Willoughby Jo. Burlace R. Dillon Ad. Loftus Charles Coot R. Meredith From his Majesties Castle of Dublin 14 December 1641. Postscript BY our Letters to your Lordship of the 22. of November We did desire to be informed from thence Whether the Parliament here being once Prorogued may not again be Prorogued by Proclamation before they Sit or whether it be of necessity that they must Sit again and the Parliament to be Prorogued the House Sitting And now that this Rebellion hath over-spread the whole Kingdom and that many Members of both Houses are involved therein so as the Parliament cannot Sit We humbly desire to know his Majesties Pleasure therein and if his Majesty shall think fit to Prorogue it which at present we hold expedient that then we may receive his Commandment for Prorogation and that the doubt concerning that be cleared for to assemble at that time cannot be with Safety Our Letters of the Third of December have been hitherto with-held on this side by contrary Winds The Propositions mentioned in this Letter for a Treaty by Sir Thomas Carey and Dr. Cale a Doctor of the Sorbon were First That there should be a Toleration of Religion Some Overtures for a Treaty Secondly That Popish Officers as well as Protestants should be admitted to all Employments Thirdly That the wrongs of Plantations should be repaired since 1610. Fourthly That there should be a Proclamation to take off the File the Title of Rebels and Traitors But Sir Phelim O Neil would not be perswaded to condescend to any manner of Treaty unless the Lord Mac-guire Mac-Mahon and the other Prisoners in the Castle were first set at Liberty which the Board rejecting with Contempt and Indignation that Overture died almost as soon as it was born Though it now began to be notorious that the Lords of the The Board Vindicates Sir Charles Coot and themselves from the Imputation of the Lords of the Pale Pale were deeply in the Conspiracy yet to take away their pretences the Board published a Proclamation and sent it to those Noblemen wherein it was positively Affirmed That the Lords Justices and Council did never hear Sir Charles Coot or any other utter at the Council Board or elsewhere any Speeches tending to a Purpose or Resolution 〈◊〉 Execute on those of their Profession or any other a general Massacâ—â— nor was it ever in their thoughts to dishonour His Majesty or the State by such an Odious Detestable and Impious Action giving them assurance of their safety if they would repair to Dublin the 17th of that Month. In Answer to which The Answer of the Lords of the Pale the Lords of the Pale return a Letter to the Lords Justices wherein they complain That they were so justly affrighted with Sir Charles Coot's severity and deportment that they durst not adventure their persons within the Confines of his Government they heavily charge upon him the inhumane acts perpetrated in the County of Wickloe the Massacre of Santry and the burning of Mr. King's house at Clantorfe contrary to the Publick Faith given but the day before for which severity they said they did not blame their Lordships but Sir Charles Coot for his Rigor in the Execution and therefore desire that no sinister Construction may be made of their stay but that they may have some Commissioners appointed to confer with them concluding with professions of their Loyalty and readiness to give their advice for the advancement of His Majesty's Service and the Common Peace of the Kingdom But though they did not proceed to open Hostilities chusing rather to force the Government to be the Aggressors yet they began to form themselves into a
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
said Earls command that he should Fight with the Scottish Army at the passage over the Tyne whatsoever should follow notwithstanding that the said Lord Conway had formerly by Letters informed him the said Earl that his Majesties Army then under his command was not of force sufficient to encounter the Scots by which advice of his he did contrary to the duty of his place betray his Majesties Army then under his command to apparent danger and loss All and every which Words Counsels and Actions of the said Earl of Strafford Traiterously and contrary to his Allegiance to our Soveraign Lord the King and with an intention and endeavour to alienate and withdraw the hearts and affections of the Kings Liege People of all his Realms from his Majesty and to set a division between them and to ruine and destroy his Majesties said Kingdoms For which they do farther impeach him the said Thomas Earl of Strafford of High Treason against our Soveraign Lord the King his Crown and Dignity To which the Earl according to the Order of the House of Lords prefixing the 23 of February for that purpose being brought to their House gave in his Answer in two hundred Sheets of Paper an abstract whereof as I find it in Mr. Rushworth's Trial of Thomas Earl of Strafford is here subjoined TO the First Article The Answer of Tho. Earl of Strafford to the 28 Articles of the Commons Feb. 23. he saith He conceives that the Commission and Instruction differ not from those formerly granted but refers to them and that such Alterations and Additions as were made were for ought he knoweth rather for the explanation than for the enlarging of the Jurisdiction the Care whereof was left to the Secretary of that Council and to the King 's Learned Council to be passed for the good of the King's Service and the Publick Welfare of that Province for Legality of the Proceedings divers eminent Lawyers were joyned with the President who for the Legal parts was by them to be directed He did not advise or procure the enlargement of the Commission and Instructions and he believeth nothing hath been practiced since that was not in former Times contained in former Commissions under general words He believeth Sir Conyers Darcy was lawfully Fined for Misdemeanors as a Justice of Peace and hath heard he being in Ireland that Sir John Boucher was Fined for some great Abuse at the Kings being at York going into Scotland to be Crowned to the Proceedings he refers himself He denies that he hath done any thing by that Commission or Instruction other than he conceived he might by virtue thereof lawfully do To the Second Article The little Finger of the Law He denieth the speaking of those words but saith That 30 40 l. or more being returned as Issues out of the Exchequer against some that had compounded for Knighthood for 10 l. or 20 l. so as the Issues far exceeded the Composition and yet would next time have been increased The said Earl upon this occasion said That now they might see that the little Finger of the Law was heavier than the King's Loins which he spake to nourish good Affections in them towards His Majesty and not to threaten or terrifie any as the Article is supposed To the Third Article Ireland a Conquered Nation he saith Ireland is not Governed by the same Laws that this Kingdom is unless it be meant by the Common Laws their Customs Statutes Execution of Martial Laws Proceedings at Council-Board very much differ they spake not the words in the Article to any such intent He saith It might be fit enough for him to remember them of the great Obligation they had to the King and His Progenitors that suffered them being a Conquer'd Nation to enjoy Freedom and Laws as their own people of this Kingdom and it might be that upon some such occasion he said to those of Dublin That some of their Charters were void and nothing worth and did not bind His Majesty farther than He pleased which he believes to be true having been formerly so informed by His Majesties Learned Council upon sundry occasions To the Fourth Lawyers not to dispute the Orders of the Council-Board in the Earl of Cork's Case he saith That the legal and ordinary Proceeding at Council-Table are and time out of mind have been by Petition Answers examination of Witnesses as in other Courts of Justice concerning British Plantations the Church and Cases hence recommended by the King for the time being and in Appeals from other Courts there and the Council-Board have always punished Contempts to Orders there made to Proclamations and Acts of State by Fine and Imprisonment He saith That it might be he told the Earl of Cork that he would Imprison him if he disobeyed the Orders of the Council-Table and that he would not have Lawyers dispute or question those Orders and that they should bind but remembreth not the Comparison of Acts of Parliament and he hath been so far from scorning the Laws that he hath endeavoured to maintain them the Suit against the Earl in the Castle-Chamber was concerning the Possessions of the Colledge of Youghall worth 6 or 700 l. which he had endeavoured to get by causing of unlawful Oaths to be taken and very undue means the matter proceeded to Examination and Publication of Witnesses and after upon the Earl of Cork's humble Suit and payment of 15000 l. to His Majesty and his acknowledgment of his Misdemeanors obtained a Pardon and the Bill and Proceedings were taken off the Files and he remembers not any Suit for breach of any Order made at Council Table To the Fifth he saith Lord Mountnorris sentenced to suffer death by Martial Law The Deputies and Generals of the Army have always executed Martial Law which is necessary there and the Army and the Members thereof have been long time Governed by printed Orders according to which divers by Sentence of the Council of War have formerly been put to death as well in the time of Peace as War The Lord Mountnorris being a Captain of a Company in the Army for mutinous words against the said Earl General of that Army and upon two of those ancient Orders was proceeded against by a Council of War being the Principal Officers of the Army about twenty in number and by them upon clear Evidence Sentenced to Death wherein the said Earl was no Judge but laboured so effectually with His Majesty that he obtained the Lord Mountnorris's Pardon who by that Sentence suffered no personal hurt or damage save about two days Imprisonment And as to the other Persons he can make no Answer thereunto no particulars being described To the Sixth he saith The Suit had depended many years in Chancery The Lord Mountnorris put out of Possession and the Plaintiff Complaining of that delay the said Earl upon a Petition as in such Cases hath been usual calling to him the then Master of the Rolls
which by reason of his Majesties absence out of the Kingdom cannot be done by His Majesties immediate Warrant so speedily as the imminent danger and necessity of that Kingdom doth require and for that His Majesty hath especially recommended the Care of the Preservation of that Kingdom unto both the Houses of Parliament It is Ordained by the Lords and Commons in Parliament That Mountjoy Earl of Newport Master of His Majesties Ordnance shall deliver to the Earl of Leicester Lord Lieutenant of Ireland or to such other person or persons as he shall appoint to receive the same the full number of 1000 Arms for Horse-men and 8000 Arms for Foot and the quantity of 10 Last of Powder and such other Munition Tents and Provisions of all sorts as shall be needful for this Service according to a List to be agreed upon and allowed by the said Lords and Commons hereunto annexed out of His Majesties Stores and Magazines in the Tower of London the City of Carlisle the Town of Hull or elsewhere and for so doing this shall be a sufficient Warrant as well for his Lordship as for any of his Deputies or Vnder-Officers in that behalf An Ordinance also for providing Shipping for Transportation of Men and Munition was read and passed in haec verba WHereas by Order of Parliament Men Arms The Ordinance of the Lords and Commons to impower the L. High Admiral to provide Shipping c. Munition and other Provisions are suddenly to be transported from several Ports in this Realm viz. Bristol Chester and others for which Service it will be requisite that Ships be provided with all expedition It is this day Ordered by the Lords and Commons in Parliament that the Lord High Admiral of England be desired to take care that Ships be accordingly provided in the several Ports respectively within this Kingdom from whence the aforesaid Men Arms Ammunition and other Provisions are Ordered to be Transported into Ireland which is to be done with all expedition the Parliament having resolved to see Moneys supplied for the performance of this Service After this the Lord Keeper reported the Conference with the House of Commons to this effect That the House of Commons have presented to their Lordships some Propositions which have been Voted in their House The Report of the Conference about Capuchins c. and desires their Lordships to take them into Consideration and join with them therein 1. Concerning the Dissolving the House of the Capuchins and the speedy sending them away according the former desires of their House 2. That the Ambassadors may be sent to from both Houses to deliver up such Priests of the King's Subjects as are in their Houses 3. That a List may be brought in of the Queens Priests and other her Servants and that a List may be likewise brought in of the Prince's and other of the King's Childrens Servants 4. That a Proclamation may issue for the Commanding that all Strangers that are not of the Protestant Religion except such as are Men of Rank and Quality and live here in such a publick way whereby notice is taken of them and of the Cause of their aboad in this Kingdom do deliver in Tickets of their Names and an account of their stay here within two days after the issuing forth of the Proclamation or else depart the Kingdom forthwith And likewise requiring that all Inn-keepers or others that entertain Lodgers to give Tickets of the Names of such as lodge in their Houses within two days likewise after the issuing forth of the said Proclamation and that these Tickets be given by those in the City of London to the Lord Mayor and Aldermen of the Wards respectively where they reside and by those of Middlesex and Surrey and other Places within 10 Miles of London to the Justices of the Peace next adjoining to the place of their Residence and this Order to extend to the City of London and Ten Miles about 5. That the House of Commons had presented their Lordships with some Scottish Papers being Examinations concerning the late Design against the Lord Marquess Hamilton Earl of Arguile and the Earl of Lannerick Likewise they produced written from their Committees at Edinburgh Letters dated the 27th of October with an enclosed Paper containing as follows viz. The Paper of the 5th of October Exhibited by the English Committee October the 7th 1641. THE Committees of the Parliament of England have now sent down sufficient Moneys for the Total Disbanding of the Garrisons of Barwick and Carlisle Some Transactions between the English Committee at Edinburgh and the Scottish Parliament and have Ordered That it shall be Effected by the 10th of this present Month And have likewise taken a Course for removing the Ammunition and Ordnance and for slighting of the Works according to the Treaty We desire therefore That that part of the Army which is yet on foot may be forthwith Disbanded and that what new Fortifications have been made in Scotland by occasion of the late Troubles may be presently demolished according to the same Treaty The Answer to the Paper delivered in by the English Committees to the Committee of the Army Exhibited 7. Octobris 1641. THat the Regiments which are yet on foot may be speedily Disbanded they are drawn according to the Order already given near towards Edenburgh to the Effect they may with greater Conveniency be Mustered and thereafter money may be given for their Pay and forthwith disbanded And any new Fortifications which have been made in Scotland by Occasion of the late Troubles shall presently be demolished that every Condition on our part may to your full Satisfaction be performed according to the Treaty And we do no wise doubt to find mutual performances and that the Garrisons at Barwick and Carlisle according to the Orders of the Parliament be totally Disbanded which being shewn to the Parliament of England we hope will give them Satisfaction 22 October 1641. Produced by the Lord Chancellor and read in Audience of his Majesty and the Parliament who nominates the Lord Burgley in place of the Earl of Argyle to be upon the Committee for providing Money to pay the Regiments And also Ordains An Order to be given to the Lord General for causing the demolishing the Fortifications at Mordington which was accordingly done Alex. Gibsone 6. Concerning the putting the Custody of the Isle of Wight into another hand as formerly was desired 7. Concerning the securing of the persons of Papists upon the former Propositions 8. That the Earl of Essex may have Power from both Houses to Command the Trained Bands on this side Trent upon all Occasions for the Defence of the Kingdom and that this power may continue until the Parliament shall take further Order This Report being Ended the House caused those particulars to be distinctly read again and gave these Resolutions upon them Resolved upon the Question Nemine Contradicente That the House or Covent of Capuchins here
in England shall be dissolved Concerning the sending of the Capuchins out of the Kingdom The Votes of the Lords upon these Eight Propositions this House will suspend giving any Resolution therein until a List of the Queens Priests and Servants is brought in Resolved upon the Question That the Ambassadors be desired from the Parliament to dismiss out of their Houses such Priests as are the Kings Native born Subjects and in case they shall hereafter be found abroad they shall not have any protection but be proceeded in according to the Laws of this Kingdom Resolved c. That the Lord Chamberlain of the Queen shall bring in a List of the Queens Priests and Servants and the Lord Chamberlain of his Majesties Houshold shall bring in a List of the Names of the Servants belonging to the King Prince and the rest of the King's Children 4. To the Fourth It is Ordered That this House agrees to this Resolution but do refer the manner of issuing out the Proclamation until the Commission given to the Lords of the Councel for issuing out Proclamations be perused 6. Concerning the sequestring of the Isle of Wight into another Hand this House thought fit to return this Answer to the House of Commons That in regard they have offered no Reasons for the same their Lordships know not how to give an Answer But when they shall shew their Lordships Reasons for so doing they will take the business into Consideration 7. Concerning the securing the persons of Recusants It is Ordered To be debated on Monday Morning next 8. Concerning the Earl of Essex 's having Power over the Trained Bands this House defers their Resolutions concerning it until the Commission of the Earl of Essex for Captain General of the South be brought into this House and perused which is to be done on Munday next In the Commons House It was Ordered Connelly Ordered to have 500 l. paid presently That whereas Owen O Connelly who discovered the Treason in Ireland had 500 l. appointed him in part of Recompence that Sir Robert Pye and Mr. Wheeler the Treasurers for the Poll-money of Westminster do forthwith pay unto the said Connelly the said 500 l. The greatest part of the Morning was spent in preparing the Heads for the fore-mentioned Conference with the Lords But among all these great Affairs which were before them the Faction in the House was still at Leisure to fall upon the Loyal and Orthodox Clergy against whom they had a most irreconcileable Animosity For upon a Complaint and Information given in to the House by some of the Zealots without Doors who made it a great part of their Religion to Inform and Article against the Loyal and Orthodox Clergy It was this day Ordered That Dr. Fuller Dr. Fuller Dean of Ely sent for as a Delinquent for his Sermons Dean of Ely shall be sent for as a Delinquent for divers dangerous and scandalous matters delivered by him in several Sermons Thus did these persons who would not permit the Clergy to intermeddle in Secular Affairs boldly thrust their Sickle into the harvest of Spiritual Matters though by the Confession of One of their own Members in a Speech he saith he intended to have spoken as this day to arraign the Order of the 8th of September they were not Idonei Competentes Judices This day it seems was fixed for the Debating the Validity of that Order but by the intervening of other business it was put off and so lay sine die however I think it is not fit to let the Speech sleep so too which it may be was the best that Unfortunate Gentleman ever made or intended to speak in that place where swimming down the rapid Torrent of General Accusations of Fears and Jealousies he so far lost himself that when he would have done something to the stopping the Breaches in the Banks of the Government which he had helped to cut he found it as many others did out of his power to Effect and was himself in danger of being presently drowned in the Deluge which he had helped to raise with the Wind of Popular breath The Speech as I find it in his own Collections pag. 37. was in these Words Master Speaker ME thinks A Speech of Sir Edward Deering's about the Order of the Commons of Sept. 8. 1641. I am now going to Walk upon the Ridge of a House a dangerous Praecipice on either Hand On the one side I must take heed that I speak neither more nor less than the inward Dictate of my own Conscience on the other Hand I shall be afraid to presume above your better Judgments My Path is narrow I must look to my Footing Dixi custodiam vias meas c. I said I will look to my Waies that I Offend not in my Tongue Thus I preface because I foreknow that I shall speak to the dislike of some Worthy Members of this Honorable House Sir Two Questions are before us First in General how far an Order of this House is binding de foris not upon our own Members here but upon the People the King's Subjects abroad Secondly the Validity and Invalidity of your particular Order of the Eighth and Declaration of the ninth of September last For the First I am clear in this Opinion That we may enforce any thing that is undoubtedly grounded upon the Law of the Land Shew me that Foundation and I will concur with you in any Resolution We may also declare against any Thing that is introduced contrary to our Laws Farther than this I know no Way unless it be by Bill and then I know no Limitation no bound Thus in brief for the General I come now to your particular Order Master Speaker I shall be afraid to arraign your Orders I have already been Controlled not for doing so but as if I had done so yet Sir I have often heard it in this House that We are Masters of our own Orders and then I think we may in this Place arraign them that is Question them Try them Approve Alter Reject or Condemn them Was not our Protestation more sacred than an Order yet that was revised and to stop some Objections new Senced by us And I take it lawful in this Place to arraign if that be the Word even an Act of Parliament and then a fortiori an Order of this House Surely Sir I shall speak reverently of all your Orders when I am abroad I have done so of this I am resolved that my Obedience shall therein be found good although my particular Reason be rebellant to your Conclusions This is my Duty abroad but here in this House within these Walls freedome is my Inheritance and give me lieve I pray at this time to use a part of my Birth-right The Seasonableness and the Equity of your Order both are controverted You all know that this is a dangerous time to make any determinations in Matter of Religion whether it be in the