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
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
but I confess this unfortunate thing forth of the way towards that blessed agreement which God I trust shall ever establish between You and Your Subjects Sir My Consent shall more acquit you herein to God than all the World can do besides To a willing man there is no injury done and as by Gods Grace I forgive all the World with a calmness and meekness of infinite contentment to my dislodging Soul So Sir to you I can give the life of this world with all the chearfulness imaginable in the just acknowledgment of your exceeding favours and only beg that in Your Goodness You would vouchsafe to cast Your Gracious regard upon my poor Son and his Three Sisters less or more and no otherwise than as their in present unfortunate Father may hereafter appear more or less guilty of this death God long preserve Your Majesty Tower May 4. 1641. Your Majesties most Faithful And Humble Subject And Servant STRAFFORD And for suppressing the Tumults the Commons Ordered Dr. Burgess to read the Protestation to the People and to tell them The Parliament desired them to return home which he did and thereupon they departed by which it is Evident who raised influenced and Governed the Tumults Upon Wednesday May the 5th Wednesday May 5. there happened a strange hubbub in the City which was now wholy set upon Tumults and Disorders which was upon this ridiculous occasion Sir Walter Erle was making a Report of a Design to blow up the House of Commons whereupon Mr. Middleton and Mr. Moyle two corpulent men and some others standing up to hear the Report a board in the Gallery broke and gave such a Crack that some apprehended the House was blown up indeed and Sir John Wray crying out He smelt Gun-Powder they hurried out of the House and frighted the People in the Lobby who ran into the Hall crying out The Parliament House was falling and the Members slain and the People running in confusion through the Hall Sir Robert Mansel drew his Sword and bid them stand for shame he saw no Enemy to hurt the Parliament and that there was no danger but some of the Zealots by water gave the alarm so that the Drums beat and a Regiment of Train Bands marched as far as Covent-Garden and the Rabble of Volunteers down to the House to save the Parliament which ridiculous Accident though at present it occasioned no other effect but laughter yet did strangely embolden the Factious who now plainly discovered the Influence they had over the Multitude and that they were perfectly at their Devotion Things being in this Distraction and few of the Lords daring to appear at the House Judges Opinion about the Earl of Strafford yet the Bill went on but slowly but in conclusion the Judges to give the better Countenance to the Matter being demanded their opinion and the Lord Chief Justice of the King's-Bench delivering it as their Unanimous Opinion That upon all that which their Lordships have Voted to be proved the Earl of Strafford doth deserve to undergo the pains and forfeitures of High-Treason and the Bill for perpetuating the Parliament which was brought up from the Commons the day before being quickly dispatched read and passed the next being Saturday May the 8th Saturday May 8. The Bill of Attainder was also passed the House of Lords but yet not without Opposition for all the Lords except 45 being absent of those is was carried but by 7 Votes 19 giving their Not-content to 26 that gave their content to the passing of this Fatal Bill The great Difficulty after all was to be yet overcome in procuring the Royal assent and for this purpose both the Houses attended his Majesty in the Banquetting-House to move him to it to which they received Answer That upon Monday they should know His Majesties Resolution All Sunday the King struggled with himself what to do in this Affair and certainly never was any Poor Prince so harrased between the Importunities of pretended necessity of State and the doubts of his own Conscience which told him the Earl was Innocent of what he was to die for the Lord-Chamberlain told him he acted like David and cited 2 Chron. 19. from Vers the 5 to 8. and that should he deny this it would be construed that he loved his Enemies and hated his Friends and that if he did not speak comfortably to the People they would desert him which would be worse then all the Evils that had befallen him in his life The King sent for the Judges and the Bishops to assist him the Bishops referred him to the Judges yet told him That in his Conscience he found not the Earl guilty in matter of Fact he ought not to pass the Bill but for matter of Law what was Treason they referred him to the Judges who according to their Oath ought to carry themselves indifferently between him and his Subjects only Doctor Juxon resolutely told him that if he were not satisfied in his Conscience he ought not to do it whatsoever happened the King complained of the Judges that they had not satisfied him nor indeed durst they give their Opinions freely for the satisfaction of his Conscience their own Consciences being over-awed and terrified their very Courage and Reason having deserted them in this Common Extremity and by their dubious answers abusing him as he said not easing him of his Scruples The general advice was to submit to the present necessity but how dearly both the King and they paid for making Religion truckle to reason of State hear him speak himself in his own Book concerning the Death of this Great Man I Looked upon my Lord of Strafford as a Gentleman 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon the Earl of Straffords Death whose great abilities might make a Prince rather afraid than ashamed to imploy him in the greatest affairs of State For those were prone to create in him great confidence of undertakings and this was like enough to betray him to great Errors and many Enemies whereof he could not but contract good store while moving in so high a Sphear and with so vigorous a Luster he must needs as the Sun raise many envious exhalations which condensed by a Popular odium were capable to cast a cloud upon the brightest merit and integrity Though I cannot in my Judgment approve all he did driven it may be by the necessities of times and the temper of that people more than led by his own disposition to any height and rigor of Actions yet I could never be convinced of any such criminousness in him as willingly to expose his life to the stroke of Justice and Malice of his enemies I never met with a more unhappy conjuncture of affairs than in the business of that unfortunate Earl when between my own unsatisfiedness in Conscience and a necessity as some told me of satisfying the importunities of some people I was perswaded by those that I think wished me well to chuse
time rested under great deliberation at last in a time when a great part of the Peers were absent by reason of the tumults and many of those who were present protested against it the said Bill passed the House of Peers and at length His Majesty the late King CHARLES the I. of Glorious Memory granted a Commission for giving His Royal Assent thereunto which nevertheless was done by His said Majesty with exceeding great sorrow then and ever remembred by him with unexpressible grief of Heart and out of His Majesties great Piety he did publickly express it when His own Sacred Life was taken away by the most detestable Traytors that ever were For all which Causes be it Declared and Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled That the Act Entituled An Act for the Attainder of Thomas Earl of Strafford of High-Treason and all and every Clause and Article and thing therein contained being obtained as aforesaid is now hereby Repealed Revoked and Reversed And to the end that Right be done to the Memory of the deceased Earl of Strafford aforesaid Be it further Enacted That all Records and Proceedings of Parliament relating to the said Attainder be wholly Cancell'd and taken off the File or otherwise Defaced and Obliterated to the intent the same may not be visible in after-ages or brought into example to the prejudice of any person whatsoever Provided That this Act shall not extend to the future questioning of any person or persons however concerned in this business or who had any hand in the Tumults or disorderly procuring the Act aforesaid Any thing herein contained to the contrary thereof notwithstanding May his and all the Innocent Blood that was shed after it for ever sleep and not like the Souls under the Altar call out Quousque Domine crying for Vengeance upon this Nation The Poets of the Age were not wanting to Embalm the Memory of so great a Mecaenas with Elegies and Epitaphs though such was the little Envy of his Enemies that they did not only suppress but punish the Printers and Publishers of them one Holmer being clapt up in the Gate-House by a Vote of the Commons for Printing Scandalous Verses upon the Earl of Strafford Among the rest Cleveland then great in Reputation bestowed these 2 Epitaphs upon this Noble Earl Epitaph upon the Earl of Strafford HEre lies Wise and Valiant Dust Huddled up 'twixt fit and just Strafford who was hurried hence 'Twixt Treason and Convenience He spent his time here in a Mist A Papist yet a Calvinist His Princes nearest Joy and Grief He had yet wanted all Relief The Prop and Ruin of the State The Peoples violent Love and Hate One in extremes lov'd and abhorr'd Riddles lye here And in a word Here lies Blood and let it lye Speechless still and never cry Epitaphium Thomae Comitis Straffordii c. EXurge Cinis tuumque solus qui potis es scribe Epitaphium Nequit Wentworthi non esse facundus vel Cinis Effare marmor quem cepisti comprehendere Macte exprimere Candidius meretur Vrna quam quod rubris Notatum est literis Eloquium Atlas Regiminis Monarchici hic jacet lassus Secunda Orbis Britannici Intelligentia Rex Politiae Prorex Hiberniae Straffordii Virtutum Comes Mens Jovis Mercurii ingenium lingua Apollinis Cui Anglia Hiberniam debuit seipsam Hibernia Sydus Aquilonicum quo sub rubicunda vespera occidente Nox simul dies visa est dextroque oculo flevit laevoque laetata est Anglia Theatrum Honoris itemque scena calamitosa Virtutis Actoribus morbo morte invidia Quae ternis animosa Regnis non vicit tamen Sed oppressit Sic inclinavit Heros non minus caput Belluae vel sic multorum Capitum Merces furoris Scotici praeter pecunias Erubuit ut tetegit securis Similem quippe nunquam degustavit vanguinem Monstrum narro fuit tam infensus legibus Vt prius legem quam nata foret violavit Hunc tamen non sustulit lex Verùm necessitas non habens legem Abi Viator Caetera memorabunt posteri Which for their sakes who understand not the Language I have thus Translated into English though not without loss to many of those Beauties and Graces which are so peculiar to the Latin as not to be expressed in our Language An Epitaph upon Thomas Earl of Strafford c. Rise Noble Dust Thou only canst unto thy self be just Write thine own Epitaph speak thy wonted sence Great Wentworth's Ashes can't want Eloquence Although his Innocence deserves an Elegy Whiter then Redstreak Marble can supply Yet weeping Marble tell Who does beneath thee dwell The Atlas of Monarchique State lies here The second Mover of Great Britains Sphere The King of Politiques Irelands Deputy And in a word Of Strafford and of Virtue the Illustrious Lord Does underneath this Marble breathless lye The mighty Jove did his great mind bestow and nimble Mercury his Wit Apollo on his Tongue did sit Ireland her self Englandto him did Irelandowe Bright Northern Star When in a Bloody Cloud he set Night and Day together met England did seem of her right Eye bereft To weep and laugh untowardly with what was left The Scene of Honour and the fatal Stage Of Virtuous and Distressed Innocence The Actors Envy and Three Kingdoms rage against them what Defence Opprest but yet not overcome he stood Vnconquered still and met the Rolling Flood Thus the Illustrious Hero bow'd For such he was at least He bow'd his Noble Head unto the Beast Of many Heads the Croud Into the Bargain thrown Of ready Money then paid down To Scottish Traytors to Invade the Crown The blushing Ax amazed stood It nere before had drunk such Blood A wonderous thing I tell Illustrious Strafford fell Obnoxious to the Law strange Crime Before the Law was made to punish him How Strafford dy'd then would you know Lawless Necessity gave the Fatal blow Pass on O Traveller wee 'd best Here leave him and Posterity to weep the Rest It will possibly be some satisfaction to the Curiosity of the Reader to see those Papers of Sir Henry Vane's which seem to have been of such considerable import as to have cast the Beam in the Fate of this great Person and indeed I had done it in its proper place had those Papers then come to my hands but however better late then not at all and if they contribute to the satisfaction of the Inquisitive they are to ow the Obligation as upon all occasions I shall do to the kindness of the Right Honourable Sir Francis North Late Lord Chief Justice of the Common-Pleas and now Lord-Keeper of the Great Seal of England who was pleased to furnish me with a Transcript of some Memoirs of the late Earl of Manchester's the Originals being written with the said Earls own
of this Church and Nation the Advancement of Religion and Learning the Encouragement of the Modest Hopes and Honest Endeavours of many Hundred Students in the Universities Who do and shall ever pray c. Dat. An. Dom. millesimo sexcent ' quad ' primo è Domo Convocationis in celebri Conventu Doctorum ac Magistrorum omnibus singulis assentientibus Upon Report from the Lords Committees for Priviledges The L. Morley to be Tryed by his Peers for the Murther of one Clark It is Ordered That the Lord Morley and Monteagle shall be Tryed at the Barr in this House touching the Murther of Peter Clarke and that a Writ of Certiorari shall be directed to the Lord Chief Justice of the Kings-Bench to bring into this House the Indictment and Examinations against the said Lord Morley remaining now in the Court of Kings Bench that the King's Attorney and the rest of his Majesties Learned Counsel shall give in Evidence on the Kings behalf against the said Lord Morley And that the said Lord Morley shall have Liberty to have Counsel to speak for him in point of Law only but not to matter of Fact And lastly That the Complainants shall be heard by their Counsel at the Barr at their said Tryal if they desire it And because that in one and the same Indictment the said Lord Morley and Mr. Kirke are both contained this House doth further Order That the Record of the Indictment for so much as concerns the said Kirke shall by this House be remanded to the Court of Kings-Bench that there he may be proceeded against according to Law A Message was sent up from the Commons by Mr. Hollis Letters to be opened this Week who said he was Commanded to let their Lordships know That the Commons have taken Notice of the Secret Counsels of Jesuits and other ill-affected persons in the Kingdom which are fomented by our Enemies abroad to disturb the Peace of this Kingdom and Scotland the desire of the House of Commons was That all suspected persons be stopped at the Ports and if Cause Examined and that the Letters of this Week which come from France may be stayed and brought to this House to be perused as hath formerly been Upon which the Lords Ordered That the Post-Master Mr. Thomas Witherings should bring the Letters accordingly and that suspected persons should be Examined and if there were occasion for it apprehended And the L. Privy Seal Earl of Cambridg Earl of Holland Viscount Say and Seal were appointed by the House to acquaint his Majesty with what the House Resolved in this business His Majesty coming this Day to the House of Lords the Commons were sent for to attend him by the Gentleman Usher of the Black Rod in order to his giving the Royal Assent to the Bill for Tonnage and Poundage when the Speaker of the Commons House addressed himself to his Majesty with this following Speech THat policy most Gracious and Dread Soveraign Mr. Speaker's Speech to his Majesty at the passing the Bill for Tonnage and Poundage June 22. 1641. which weighs the Prerogative of the King and Property of the Subject in the same Scales and increases the plenty of the Crown and contentment of the People the even poising of this Beam enables both the one being ordained for the preservation of the other This Principle is so riveted into the Hearts of your Subjects by the Acts of their Ancestors and Traditions of their Fore-fathers that it hath Created a belief in them that their Wills are bound to a due Allegiance and their Fortunes and Estates as well as their Duty and Subjection must bend to the Commands of that Soveraign power with which God hath invested your Sacred Majesty Compulsary obedience advanced by the transcendent power of Prerogative is too weak to support the right of Government It is the Affections and Estates of your People tyed with the Threads of Obedience by the Rules of Law that fastens safety and prosperity to the Crown The experiment of elder times in the Reigns of the most Valiant puissant Princes hath concluded this the Soveraign Preservative against the Diseases of distraction and confusion and makes it manifest to the World that the Honour and Glory of this Throne is to command the Hearts of Free-men This admitted the permission of the least diminution or any Eclipsed interposition between the Honor and Plenty of the Crown contracts a Scorn upon the Nation Several Parliaments in former times have stampt the Character of a free gift upon the Fore-front of this Aid still offered by the People as a Sacrifice of Thanks-giving to the Crown for the safe conduct of your Merchants and provision of the Navy to strengthen your undoubted Dominion over the Seas which hath protected your Allyes and is a Terrour to your Enemies Our hopes were long since to have setled this for the measure and the time and with this to have presented to your Sacred Majesty the triumphant Palm of Tranquility in all your Kingdoms But as a Ship Floating upon a Rough Sea we have been cast upon the Rock of Fear and Dangers and tossed on the Billows of distraction and distrust of Church and Common wealth where we yet remain hopeless ever to pass through that narrow Channel which leads to the Haven of Peace unless we be speedily Steered on by the hand of your Sacred Wisdom Care and Providence In the midst of all these troubles and the several Opinions which have been amongst us no division had power to distract any one of us from the care and Duty we owne to your Sacred Person And to that end am I now sent by the Commons of England to present this as a Mark only whereby your Sacred Majesty may view the inward duties of our Hearts until time and opportunity will give Leave for a further expression of our Duties and Affections The acceptation of this Gift will glad the Hearts of your People and the approbation by the Royal Assent of this Bill being the largest for the measure which was ever given will joyn Wings to our desires and hopes which shall never return without that Olive-Leaf which may declare that the Waters are abated and your Sacred Majesty way have full assurance of the Faith and Loyalty of your Subjects To which his Majesty was pleased to return this Gracious Answer My Lords and Gentlemen I Do very willingly accept Your Offer made at this time as a Testimony of your Love The King's Speech at the Passing the Bill for Tonnage Poundage June 22. 1641. and of that Dutiful Affection You owe Me and I no way doubt but that You will perform that which You have intimated unto Me in perfecting the other Bill when you have Liezure Likewise in passing this Bill you cannot but see a great Testimony of the Trust and Considence I have in Your Affections as since this Parliament begun I have omitted no Occasion whereby I may shew such
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
of Aid and Supply to your Lordships in the Ancient and due Form But perhaps your Lordships will say you question not that general right we have of granting Subsidies that it is to receive its Birth and Being from the House of Commons but that in this particular case of Poll-money you expect a particular satisfaction and much more to see it proved that the Peerage of England were ever before rated in such a Bill For the first my Lords this way is an Ancient and a known way it began in the time of that Wise and Victorious Prince King Ed. 3. as appears upon Record in Rotulo Parliamenti de Anno 51. Ed. 3. Numero 19. And I assure my self neer upon three hundred years continuance is able to challenge both allowance and imitation from this present Age. During the Reign of R. 2. his Grand-child this course of raising money by the Poll was again put in practice as an advantagious and a speedy way Your Lordships shall find one example of it in the Parliament Roll de Anno 4. Rich. 2. n. 15. being almost the same with that rate and proportion granted in the time of Edward the Third But that Record which comes home to this case and is an identical president in the very particular before your Lordships to give you full satisfaction is found in Rotulo Parliamenti in Parliamento 2. for the miseries at home and the calamities abroad caused in one year sometimes two sometimes three Parliaments in those elder times de An. 2. Rich. 2. n. 14. where the Dukes Earls and Barons are all particularly rated and the Duke of Britain is there assessed as a Duke though he were a Free Prince and had only the Title of Earl of Richmond in England Nay my Lords the House of Commons at this time hath come far short of the same president in favour of the Noble Ladies for whereas the Countesses Dowagers were rated at the same proportions with Earls and the Widows of Barons at as high a rate as the Barons themselves we have now eased them of two parts of that and only charged them with the third I hope now your Lordships have seen both reason and president for our proceedings at this time you will be pleased to believe that the House of Commons will be as careful and tender of your Lordships Rights and Priviledges as of their own We know my Lords that this is the way to preserve peace and unity between us which as it is always expedient so is it at this time most necessary For the two Houses are as the two Arms of the Kingdom if we hold fast together we shall be able to Accomplish great things worthy to be transmitted to after-Ages but if we dissever and disunite we may end in ruin and calamity So much of the said Record as concerns the rating of the Nobility and Gentry is here added it being presented thus ready written at the said Conference Rot. Parliamen in Parliamento 2. de An. 2. Rich. 2. N. 14. Le Duc de Lancastre le Duc de Bretaigne chescun a x. Markes chescun Conte D'engleterre iiii l. Chescun Countesses veoves en Engleterre a tant come les Count iiiii l. Chescun Baron Baneret ou Chivaler qui poet a tant dispendere xl s. Chescun Baronesse veove paiera come Baron Banresse come le Baneret xl s. Chescun Bachiler chescun Esquier qui per Le statute deveroit estre Chivaler xx s. Chescun veove Dame feme de Bachiler on Esquier al afferant xx s. Chescun Esquire de meindre estate vi s. viii d. Chescun feme veoxe de tiel Esquire ou Marchant suffisant vi s. viii d. Chescun Esquier nient possession de terres ne chateux quest en service ou ad este armes iii. s. iiii d Captain Pollard this day Petitioned the House Captain Hugh Pollard Bailed that he might have liberty to go into the Country to visit his Father who lay very sick and was so far displeased with him upon the misfortune of his Accusation that he was afraid he would dis-inherit him and the Earl of Essex and another Lord offering to be Bail for him it was Ordered That by Warrant from the Speaker he should be delivered from the Gate-House to the Serjeant at Arms who was to take Bail of 1000 l. from himself and 500 l. apiece from his Bail Thursday July 1. Stannery Bill passed the Commons The Articles against the Judges Voted for his appearing upon Monday three weeks The Bill for Regulating the Court of Stanneries was this day read a third time and passed the Commons Mr. Hide reports the Articles against Judge Crawley Sir Humphrey Davenport Lord Chief Baron of the Exchequer Sir Thomas Trevor Baron of the Exchequer Sir Richard Weston Baron of the Exchequer which were singly Voted and ordered to be Engrossed and a Conference to be desired with the Lords and that Sir Randal Crew 's Case be then recommended to their Lordships to move his Majesty to recompence him with Honour for his Sufferings for the Publick Upon Mr. Peard's reporting of the Case of Mr. Faunt Mr. Peard Reports Mr. Faunt's Case it was Resolved c. That the Sentence in the Star-Chamber against Sir William Faunt was without ground of any thing that appears either in answer or proof Resolved c. That the said Mr. Faunt and his Father as Co-executors ought to be restored to all that was paid either by Sir William Faunt or them Resolved c. That the Cause be represented to the Lords to the end the Sentence may be reversed and the Parties restored to all that they and their Testators have paid Resolved A Vote against the Council Board c. That neither the Body of the Lords of the Council nor any one of them in particular as a Privy-Councellor hath any power to imprison any Free-born Subject except in such Cases as they are warranted by the Statutes of the Realm Engrossed Articles against Lord Chief Justice Bramston Friday July 2. Lord Chief Baron Davenport the Judges Crawley Weston Trevor and Berkley voted to be carried up to the Lords The Bills against the Court of Star-Chamber and High-Commission Court Bills against Star-Chamber c. Carried up to the Lords with the amendments passed and carried up to the Lords by Mr. Capel as also the Bill for raising Mony for the speedy disbanding the Armies and to move their Lordships to desire of his Majesty his Royal Assent to them with all convenient Expedition The Bill for the Poll-mony with the Amendments were twice read in the House of Lords and agreed to with this Memorandum Memorandum A Salvo entered by the Lords about the Poll Money That a Salvo be entred for the preserving the Priviledges of Peers of this Realm for Rating and Taxing themselves in Subsidies by Members of this House in time of Parliament This day was read a third
the right Way It behoves us therefore and is expedient that we should add a Period to these Irregular ways that the Vulgar may no longer wander ill in these distracted parts Master Speaker I have now unloaded my mind of her weary burthen and I beseech you digest my words with your serious considerations in this respect of establishing the Church-Government in true sincere perfect and unpoluted Religion which if we do perform and fully effect we shall do great Honour to God get great Credit to our Selves and give great Satisfaction to the whole Kingdom This is my Opinion this is my Expectation this is my Prayer and lastly this is my Hope A Message was sent this Morning from the House of Commons by the Lord Viscount Wainman Message about a Bill for Clerk of the Market c. who said he was Commanded to deliver to their Lordships Three Bills which had passed the House of Commons 1. Entituled An Act for the better ordering the Office of Clerk of the Market allowed and confirmed by this Statute and for the Reformation of the false Weights and Measures 2. An Act against divers Encroachments and Oppressions in the Stannery Courts 3. An Act for the Confirmation of his Majesty's Letters Patents to the Town of Plymouth and for dividing the Parish and building of a new Church And he was further to desire a dispatch of some Bills brought up formerly as the Bill against Pluralities and that their Lordships would appoint some time when their Lordships shall be at leisure that the Commons may come up with the Impeachment against the Judges The Answer which was returned to the Message was The Lords Answer That their Lordships will give a dispatch to these Bills now brought up with all convenient speed and will in a short time give a dispatch to the Bill against Pluralities And further it was told them That their Lordships have appointed great business this Morning concerning the safety of the Kingdom but will Sit this Afternoon at Three of the Clock at which time they will give the House of Commons a meeting concerning the Impeachments of the Judges The House of Commons this Day fell upon the matter of their Priviledges in the Case of Mr. Hollis and others 3 Car. Tuesday July 6. and upon the Debate of the House came to these following Votes Votes about Priviledge in the Case of Hollis c. 3 Car. Resolved c. That the Warrants of the Lords and others of the Privy Council compelling Mr. Hollis and others to appear before them during that Parliament is a Breach of Priviledg Resolved c. That the Committing of Mr. Hollis and others by the Lords and others of the Privy Council 3 Car. during that Parliament is a Breach of Priviledg Resolved c. That the Searching and Sealing of the Chambers Studies and Papers of Mr. Hollis Mr. Selden and Sir John Eliot being Members of Parliament and issuing out Warrants for that purpose is a breach of Priviledg Resolved c. That the Exhibiting an Information in the Court of Star-Chamber against Mr. Hollis and others for Matters done by them in Parliament being Members of Parliament is a breach of Priviledg Resolved c. That Sir Robert Heath Sir Humphrey Davenport Sir Heneage Finch Mr. Hudson and Sir Robert Berkley that subscribed the said Informations are guilty of the breach of Priviledg Resolved c. That there was a Delay of Justice towards Mr. Hollis and others upon the Habeas Corpora in that they were not Bayled in Easter or Trinity Term 5 Car. Resolved c. That Sir Nicholas Hide then Lord Chief Justice of the Court of Kings-Bench is guilty of this Delay Resolved c. That Sir William Jones one of the Justices of the Kings-Bench is guilty of this Delay Resolved c. That Sir James Whitlock Knight one of the Justices of the Kings-Bench is guilty of this Delay A Conference was had with the Lords in the Painted Chamber at the transmitting of the Impeachments of the Judges at which time Mr. William Perpoint upon the reading the Articles against Sir Robert Berkley Knight one of the Justices of the Court of Kings-Bench made this Speech in aggravation of their Crimes My Lords I Am Commanded to present to your Lordships these Articles Mr. William Perpoint's Speech at the Impeachment of Sir Robert Berkley July 6. 1641. with which the Knights Citizens and Burgesses of the Commons House of Parliament in their own Name and in the Name of all the Commons of England Impeach Sir Robert Berkley Knight one of the Justices of his Majesties Court of Kings-Bench in maintenance of their Accusation of High Treason and other great Misdemeanours The Articles they desire may be read The Articles were read by Mr. Newport The High Treason is in the first Article in his Endeavours to Subvert the Fundamental Laws of this Realm and to introduce an Arbitrary and Tyrannical Government which hath been lately adjudged Treason in the Cause of the Earl of Strafford The other Articles prove the first By his Opinions Certificates Judgments by his denials of the benefits of our Laws which have been read to your Lordships No Fundamental Law to the Subject is left our Goods our Lands our Bodies the peace of a good Conscience are by him given up to Arbitrary Tyrannical Government Nothing hath been omitted to make a Judge know the Lawes to make him Just or fear him from being Evil We have Inns of Court peculiar to that Study Judges from thence onely chosen seldom any but what have been Twenty Years there Honours and Revenues are given to Judges Encouragements to do well this Judge had these Judges are sworn according to Law to serve the King and his People according to Law to Counsel the King and for not so doing to be at his Will for Body Lands and Goods this Judge took that Oath The Lawes the Judges study impose the greatest punishments upon unjust Judges shew that these punishments have been inflicted more could not be done to perswade or fear a Judge His Offences shew in him great Ambition yet he was most timorous of displeasing the Great in Power He did not only forbear doing what he was sworn to do but was most active against our Laws and in opposing and punishing any that did maintain them To have only received Bribes though they blind the Eyes and though the Desire to get Money encreaseth with Age that hainous Crime in a Judge had been in comparison with his Offences a tolerable Vice for from such a Judge Justice is also to be had for money Ambition is violent and ruines whilst Covetousness is making a Bargain The words of his Opinion and Judgment are for the King's Power It is pleasing to the Nature of Man that others should obey his Will and well framed dispositions of Princes may easily be perswaded their Power is unlimited when they are also put in mind that therefore they have
Court refuse to impose any Fine whatsoever upon the said James Maleverer and told him that the said Court had no Power to Fine him and that he must compound with certain Commissioners for that purpose appointed And did farther order and direct several other Writs of Distringas to issue forth of His Majesties said Court of Exchequer under the Seal of the said Court directed to the several High Sheriffs of the said County of York whereby the said Sheriffs were commanded further to distrain the said James Maleverer to appear as aforesaid upon which said Writs of Distringas several great and excessive Issues were returned upon the Lands of the said James Maleverer amounting to the Summ of two Thousand Pounds or thereabouts a great part whereof the said James Maleverer was inforced to pay and in like manner the said Sir Humphrey Davenport together with the rest of the then Barons of the said Court of Exchequer did order and direct such and the like unjust and undue Proceedings and the said Proceedings were had and made accordingly against Thomas Moyser Esquire and against several other Persons His Majesties Subjects in several Parts of this Realm to the utter undoing of many of them 2. That a Sentence of Degradation being given by the High Commissioners of the Province of York against Peter Smart Clerk one of the Prebends of the Church of Durham for a Sermon by him formerly Preached against some Innovations in the Church of Durham a Tryal was afterwards had viz. in August in the seventh Year of his said Majesties Reign before the said Sir Humphrey Davenport Knight then one of the Judges of Assizes and Nisi prius for the County Palatine of Durham concerning the Corps of the Prebend of the said Master Smart which was then pretended to be void by the said Sentence of Degradation the said Sir Humphrey Davenport contrary to his Oath and contrary to the Laws of this Realm and to the destruction of the said Master Smart upon reading the Writ de haeretico comburendo did publickly on the Bench in the presence of divers His Majesties Subjects then attending declare his Opinion to be That the said Prebends Place was void and gave directions to the Jury then at Bar to find accordingly and being then informed that although the said Master Smart had been dead or deprived yet the Profits of his Prebend had been due to his Executors till the Michaelmas following the said Sir Humphrey Davenport then answered That though the said Master Smart was not dead Yet if he had his desert he had been dead long ago for he deserved to have been hanged for the said Sermon and that he was as wicked a Man as any lived in the World call him no more Master Smart but plain Smart And when the said Jury had found against the said Master Smart the said Sir Humphrey Davenport in scandal of His Majesties Government and Justice and of the Proceedings of His Majesties Judges did publickly as aforesaid speak Words to this effect That the said Jury had well done and that the said Smart had no remedy save by appeal to the King and there he should find but cold Comfort for the King would not go against his own Prerogative upon which the Judges and High Commissioners did depend and therefore would not contradict one anothers Acts. That the said Sir Humphrey Davenport about the Month of November Anno Dom. 1635. then being Lord Chief Baron of his Majesties Court of Exchequer and having taken an Oath for the due Administration of Justice to His Majesties Liege People according to the Laws and Statutes of this Realm subscribed his Name to an Opinion in haec verba I am of Opinion That as where the benefit doth more particularly redound to the good of the Ports or Maritime Parts as in Case of Piracy or Depredations upon the Seas there the charge hath been and may be lawfully imposed upon them according to Presidents of former Times so where the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger of which His Majesty is the only Judg 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 That in or about the Month of February Anno Dom. 1636. the said Sir Humphrey Davenport then being Lord Chief Baron of the said Court of Exchequer subscribed an extrajudicial Opinion in Answer to Questions in a Letter from His Majesty ut supra in the Articles against Judge Bramston and Judge Berkley That whereas an Action of Battery was brought by one Richard Legge against Robert Hoblins to which the said Hoblins pleaded Justification de son assault de mesme and the said Cause came to Tryal at the Assizes holden for the County of Gloucester in Summer An. 1636. before the said Sir Humphrey Davenport then one of the Justices of Assize and Nisi prius for that County At the said Tryal the said Robert Hoblins did begin to make proof of his said Justification and produced one Robert Tilly a Witness in the Cause who proved upon Oath that the said Richard Legge did make the first Assault upon the said Robert Hoblins and that the occasion thereof was that the said Richard Legge and others came upon the Lands then in Possession of the said Hoblins and did take and drive away eighteen Cows of the said Hoblins pretending they had a Warrant from the Sheriff to distrain the same for forty Shillings assessed upon the said Hoblins for Ship-Money And when the said Hoblins being present endeavoured to hinder the said Legge and others from taking away his said Cattel the said Legge strook the said Hoblins with a Staff who after defended himself That upon the opening of the Matter the said Sir Humphrey Davenport would not suffer the said Hoblins to produce any more Witnesses on his behalf though the said Hoblins desired that other of his Witnesses then present and sworn might be heard nor his Councel to speak for him but being informed that the said Hoblins when Ship-Money was demanded of him answered that he would not pay the same because it was not granted by Parliament the said Sir Humphrey Davenport did then openly in the hearing of a great number of His Majesties Liege People then assembled and attending the Court in great Passion reprove the said Hoblins and told him that the King was not to call a Parliament to give him satisfaction and did then and there also falsly and of purpose to prevent His Majesties loving Subjects from the due and ordinary course of Law and contrary to his Oath and the Laws of the Realm Publish Declare and affirm that it was adjudged by all the Judges of England that Ship-money was due to the King and directed the Jury Sworn in that cause to find a Verdict for the said Richard Legge And the said Jury did accordingly and gave him twenty Pound damages And the said
Humphrey Davenport did then also without any cause Imprison the said Robert Hoblins and bound him to the good behaviour That whereas in the Month of April Decimo sexto Caroli the Officers of the Custom-House having Seized a Ship of one Samuel Warner Laden with Tobacco being the Goods of the said Warner the Bulk of the said Ship not being broken and no Information Exhibited for the King according to the course of the Exchequer for any Duty the Barons were moved that the said Ship might be restored to the Proprietors giving security to pay such duties as did belong to the King but upon the allegation of the Kings Attorney that there needed no information because there was no penalty the said Sir Humphrey Davenport being then Lord Chief Baron of His Majesties Court of Exchequer together with the rest of the then Barons of the said Court did contrary to his Oath and contrary to the Laws of this Realm deny the restitution of the said Ship unless all the duties demanded by the Farmers of the Custom-House were first paid Hereupon the said Warner brought an Action of Trover in the Office of Pleas in the Exchequer against the said Officers that Seized his Ship and Goods Whereupon the Kings Attorney General exhibited an Information by English Bill in the Exchequer Chamber against the said Warner setting forth that Customs and Subsidies upon Merchandise were a great part of the Kings Revenue and payable to him And that the said Ship was Seized for non-payment of the aforesaid duties notwithstanding the said Warner then Proprietor Prosecuted the Officers upon a Suit at Law and prayes that he may answer the said Information before any further proceedings be had at Law Thereupon the said Sir Humphrey Davenport together with the rest of the then Barons of the said Court of Exchequer ordered that the Proprietor moving for the delivery of the said Goods should first answer to the Information after which the said Warner demurred to the said Information in regard no Title for any certain duty was set forth by the Information which demurrer yet remains not over-ruled but the said Sir Humphrey Davenport with the said other Barons without over-ruling the demurrer Ordered because Warner had put in a demurrer and not answered to the said Information that he should not proceed upon the Action of Trover The Proprietor being thus prevented of his remedy by Action at Law sued forth a Replevin and upon pretence of viewing the said Goods caused them to be brought forth of a Cellar hired by a Deputy to the Farmers to that use and being brought forth they were taken by the Sheriffs of London by vertue of the said Replevin and upon Oath made of the manner of the taking as aforesaid before the Barons and upon view of the President Inrolls the Case the said Sir Humphrey Davenport with the said other Barons adjudged that the said Goods were not Replevisable and granted an Injunction to maintain Possession of them as they were before And the said House of Commons by Protestation saving to themselves only the Liberties of Exhibiting at any time hereafter any other Accusation or Impeachment against the said Sir Humphrey Davenport and also of replying to the answer that he the said Sir Humphrey Davenport shall make unto the said Articles or any of them or of offering proof of the Premisses or any of their Impeachments or Accusations that shall be Exhibited by them as the Case shall according to the course of Parliaments require do pray that the said Sir Humphrey Davenport Lord Chief Baron of His Majesties Court of Exchequer may be put to answer to all and every the Premisses and that such Proceedings Examinations Tryals and Judgments may be upon every of them had and used as is agreeable to Law and Justice The ARTICLES against Mr. Justice Trevor were as followeth Articles of the House of Commons in the Name of themselves and of all the Commons of England against Sir Thomas Trevor Knight one of the Barons of His Majesties Court of Exchequer Impeaching him as followeth 1. THat in or about November 4. Car. divers Goods and Merchandises whereof John Rolls George Moore and other Merchants of London were Proprietors being Seized and conveyed into certain Store-Houses at the Custom-House by Sir John Worstenham Abraham Dawes and other the Farmers and Officers of the Customs and by them there detained because the said Proprietors refused to pay the Subsidy of Tonnage and Poundage pretended to be due and demanded by the said Farmers and Officers on His Majesties behalf for the said Merchandises whereas no such Subsidy or Duty of Tonnage or Poundage was due or payable for the same no Subsidy of Tonnage and Poundage having been granted by Parliament to His Majesty The said John Rolls and others the Proprietors of the said Goods having by reason of such unlawful Seizure and Detainer as aforesaid Sued forth one or more Writ or Writs of Replevin directed to the Sheriffs of London being the proper remedy provided by the Law to regain the Possession of Goods taken and with-held from the Owners contrary to Law the said Sir Thomas Trevor Knight then and yet one of the Barons of His Majesties said Court of Exchequer together with the rest of the then Barons of the said Court upon Information to them given That the said Proprietors or some of them had Sued forth and did Prosecute such Writ or Writs of Replevin for the delivery of the said Goods did order an Injunction under Seal of the said Court to Issue forth directed to the Sheriffs of London commanding them thereby not to Execute the said Writ or Writs of Replevin or any like Writ thereafter to be Sued forth by any Person or Persons for the delivery of any Goods in the like nature detained And it did declare and order publickly in the said Court of Exchequer that the said Goods by Law were not Replevisable alledging for cause that the said Goods were in the Kings own Possession whereas the same did not judicially appear to them and they did well know that the said Goods were at that time in the Possession of the Farmers and Lessees of the said Customs and no Lawful cause to them appearing or suggested of the taking and detaining of the said Goods which Injunctions and Declaration so granted and made were and are against the Laws of this Realm and in subversion of the common right and remedy of the Subject for regaining the Possession of his Goods being taken and with-holden from him without Lawful cause That the Sheriffs of London for the time being served with the said injunction did forbear to execute the said Writ or Writsof Replevin by means whereof the said Goods continued so detained as aforesaid contrary to Law from the Month of November till the Month of June following That the said Sir Thomas Trevor and other the Barons aforesaid knowing the said Goods to be unlawfully Seized and Detained for the pretended Duties and
intended for its preservation Now my Lords God and Nature have given us the Sea as our best guard against our Enemies and our Ships as our greatest Glory above other Nations and how barbarously would these men have let in the Sea upon us at once to wash away our Liberties and to overwhelm if not our Land all the Propriety we have therein making the supply of our Navy a pretence for the ruine of our Nation For observe I beseech you the fruit and consequence of this Judgment how this mony hath prospered how contrary an effect it hath had to the end for which they pretended to take it On every County a Ship is Annually imposed and who would not expect but our Seas by this time should be covered with the number of our Ships Alas my Lords the daily Complaints of the decay of our Navy tell us how ill Ship-mony hath maintained the Sovereignty of the Sea and by the many Petitions which we receive from the Wives of those miserable Captives at Algier being between Four and Five Thousand of our Countrey-men it does too evidently appear that to make us slaves at home is not the way to keep us from being made slaves abroad so far has this Judgment been from relieving the present or preventing the future necessity that as it changed our real Propriety into the shadow of a Propriety so of a feigned it has made a real necessity A little before the approach of the Gauls to Rome while the Romans had yet no apprehension of that danger there was heard a voice in the Air louder than ordinary The Gauls are come which voice after they had sack't the City and besieged the Capitol was held so ominous that Livie relates it as a Prodigy This Anticipation of necessity seems to have been no less ominous to us These Judges like ill boading Birds have call'd necessity upon the State in a time when I dare say they thought themselves in greatest security but if it seem superstitious to take this as an Omen sure I am we may look on it as a Cause of the unfained necessity we now suffer for what regret and discontent had this Judgment bred among us And as when the Noise and Tumult in a private house grows so loud as to be heard into the Streets it calls in the next Dwellers either kindly to appease or to make their own use of the Domestick strife so in all likelihood our known discontents at home have been a concurrent cause to invite our Neighbours to visit us so much to the expence and trouble of both these Kingdoms And here My Lords I cannot but take notice of the most sad effect of this Oppression the ill influence it has had upon the Ancient Reputation and Valour of the English Nation And no wonder for if it be true Oppression makes a Wise-man Mad it may well suspend the courage of the Valiant The same happened to the Romans when for renown in Arms they most excell'd the rest of the World the Story is but short 'T was in the time of Decemviri and I think the chief troublers of our State may make up that number The Decemviri My Lords had Subverted the Laws Suspended the Courts of Justice and which was the greatest grievance both to the Nobility and People had for some years omitted to Assemble the Senate which was their Parliament This says the Historian did not only deject the Romans and make them despair of their liberty but caused them to be less valued by their Neighbours The Sabines take the advantage and invade them and now the Decemviri are forced to call the long desired Senate whereof the People were so glad that Hostibus belloque gratiam habuerunt This Assembly breaks up in discontent nevertheless the War proceeds Forces are raised led by some of the Decemviri and with the Sabines they meet in the field I know your Lordships expect the Event my Author's words of his Country-men are these Ne quid ductu aut auspicio Decemvirorum prospere gereretur vinci se patiebantur They chose rather to suffer a present Diminution of Honour then by Victory to confirm the Tyranny of their new Masters At their return from this unfortunate Expedition after some Distempers and Expostulations of the People another Senate that is a second Parliament is called and there the Decemviri are questioned deprived of their Authority imprisoned banished and some lose their lives and soon after this Vindication of their Liberties the Romans by their better Success made it appear to the World that Liberty and Courage dwell always in the same Breast and are never to be Divorced No doubt My Lords but your Justice shall have the like effect upon this dispirited people 't is not the Restauration of our Ancient Laws alone but the Restitution of our Ancient Courage which is expected from your Lordships I need not say any thing to move your just indignation that this Man should so cheaply give away that which your Noble Ancestors with so much Courage and Industry had so long maintained You have often been told how careful they were though with the hazzard of their Lives and Fortunes to derive those Rights and Liberties as entire to Posterity as they received them from their Fathers what they did with labour you may do with ease what they did with danger you may do securely the Foundation of our Laws is not shaken with the Engine of War they are only blasted with the breath of these men and by our breath may be restored What Judgments your Predecessors have given and what punishments their Predecessors have suffered for offences of this nature your Lordships have already been so well informed that I shall not trouble you with the repetition of those Precedents Only my Lords something I shall take leave to observe of the person with whose Charge I have presented you that you may the less doubt of the wilfulness of his offence His Education in the Inns of Court his constant practice as a Councellor and his experience as a Judge considered with the mischief he has done makes it appear that this progress of his through the Law hath been like that of a diligent Spie through a Country into which he meant to conduct an Enemy To let you see he did not offend for company there is one Crime so peculiar to himself and of such malignity that it makes him at once uncapable of your Lordships favour and his own subsistence incompatible with the right and propriety of the Subject for if you leave him in a capacity of interpreting the Laws hath he not already declared his opinion That your Votes and Resolutions against Ship-mony are void and that it is not in the power of a Parliament to abolish that Judgment To him My Lords that hath thus plaid with the Power of Parliament we may well apply what was once said to the Goat browsing on the Vine Rode caper vitem tamen hinc
cùm stabis ad aras In tua quod fundi cornua possit erit He hath cropt and infring'd the priviledges of a banish'd Parliament but now it is returned he may find it has power enough to make a sacrifice of him to the better establishment of our Laws And in truth what other satisfaction can he make his injur'd Country then to confirm by his example those Rights and Liberties which he had ruined by his opinion For the proofs My Lords they are so manifest that they will give you little trouble in the disquisition his Crimes are already upon Record the Delinquent and Witness are the same having from several sorts of Judicature proclaimed himself an Enemy to our Laws and Nation Ex ore suo judicabitur To which purpose I am Commanded by the Knights Citizens and Burgesses of the House of Commons to desire your Lordships that as speedy a proceeding may be had against Mr. Justice Crawley as the Course of Parliament will permit The Articles against Mr. Justice Crawley were these Articles of the House of Commons in the Name of themselves and of all the Commons of England against Sir Francis Crawley Knight one of the Justices of His Majesties Court of Common-Pleas impeaching him as followeth 1. The Articles of Impeachment against Judge Crawley THat he about the Month of November Anno 1635. then being one of the Justices of the Court of Common-Pleas and having taken an Oath for the due Administartion of Justice to His Majesties Liege People according to the Laws and Statutes of this Realm subscribed an Opinion in haec verba I am of Opinion That as where the benefit doth more peculiarly redound to the good of the Ports or Maritime Parts as in Case of Piracy or Depredations upon the Seas there the Charge hath been and may be lawfully imposed upon them according to Presidents of former Times so where the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger of which His Majesty is the only Judge there the charge of the Defence ought to be born by all the Realm in general This I hold agreeable both to Law and Reason 2. That he in or about the Month of February Anno 1636. Then being one of the Justices of the said Court of Common-Pleas subscribed an extrajudicial Opinion in answer to Questions in a Letter from His Majesty in haec verba ut supra in the Articles against Judge Berkley 3. That he then being one of the Justices of the said Court of Common-Pleas delivered an Opinion in the Exchequer Chamber against John Hampden Esquire in case of Ship-Money that he the said John Hampden upon the matter and substance of the case was chargable with the Money then in Question a Copy of which Proceedings and Judgment the Commons of this present Parliament have already delivered to your Lordships 4. That he then being one of the Justices of the said Court of Common-Pleas declared and published in the Exchequer Chamber in Westminster and the Circuit where he went Judge That the Kings Right to Ship-Money was so inherent a Right in the Crown as an Act of Parliament could not take it away And with divers malicious Speeches inveighed against threatned and discountenanced such as refused to pay Ship-Money All which Opinions and Judgments contained in the first second and third Articles are destructive to the Fundamental Laws of this Realm the Subjects right of Property and contrary to former Resolutions in Parliament and to the Petition of Right which said Resolutions and Petitions of Right were well known to him And the said Commons by Protestation saving to themselves only the Liberties of exhibiting at any time hereafter any other Accusation or Impeachment against the said Sir Francis Crawley and also of replying to the Answer that he the said Sir Francis Crawley shall make unto the said Articles or any of them or of offering Proof of the Premisses or of any of their Impeachments or Accusations that shall be exhibited by them as the Case shall according to the Course of Parliaments require Do pray that the said Sir Francis Crawley one of the Justices of the said Court of Common-Pleas may be put to answer to all and every the Premisses and that such Proceedings Examinations Tryals and Judgments may be upon every one of them had and used as is agreeable to Law and Justice The Articles of Impeachment against Sir John Bramston Knight Lord Chief Justice of the Court of Kings-Bench were as follow Articles of the House of Commons The Articles of Impeachment against Sir John Brampston Lord Chief Justice of the Kings Bench. in the name of themselves and all the Commons of England against Sir John Brampston Knight Lord Chief Justice of the Court of Kings Bench Impeaching him as followeth 1. THat the said Sir John Brampston then being Lord Chief Justice of the Court of Kings Bench and having taken an Oath for the due Administration of Justice to His Majesties Liege People according to the Laws and Statutes of this Realm did on or about the last of November 1635. Subscribe his Name to an Opinion in haec verba I am of Opinion that as where the benefit doth more peculiarly redound to the good of the Ports or Maritime parts as in case of Pyracy or Depredations upon the Seas there the Charge hath been and may be lawfully Imposed upon them according to Presidents of former times so where the good and safety of the Kingdom in General is coned and the whole Kingdom in danger of which His Majesty is the only Judg there the Charge of the defence ought to be born by all the Realm in General This I hold agreeable both to Law nnd Reason 2. That he the said Sir John Brampston then being Lord Chief Justice of the Court of Kings Bench about the Month of February 1635. did Subscribe an extrajudicial Opinion in answer to questions in a Letter from His Majesty ut supra in the Articles against Sir Robert Berkley Which said Opinions contained in the first and second Articles are destructive to the Fundamental Laws of this Realm the Subjects right of Propriety and contrary to former resolutions in Parliament and to the Petition of Right 3. That he the said Sir John Brampston then Lord Chief Justice of the Court of Kings Bench about Trinity Term 1637. refused to Bail or Discharge Alexander Jenings Prisoner in the Fleet brought by Habeas Corpus to the Barr before him the return of this Commitment being two several Warrants from the Lords of the Council Dated the fifth of November 1635. the first expressing no cause the other for not paying Messengers Fees and until he should bring Certificate that he had paid his Assesment for Ship-money in the County of Bucks And the said Sir John Brampston the first Warrant being only read then said The cause of his Commitment did not appear and that it was not fit for every Goaler to
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 for Tythes for Rents of Houses in Norwich which was determinable by the Common Law only yet he the said Sir John Brampston being Chief Justice of the said Court of Kings-Bench and sitting the said Court deferred to grant a Prohibition to the said Court Christian in the said Cause although the Councel did move in the said Court several Times and several Terms for a Prohibition And he the said Sir John Brampston deferred to grant His Majesties Writs of Prohibition to several Courts on the Motions of divers others of His Majesties Subjects where the same by Laws of this Realm ought to have been granted contrary to the Laws of this Realm and his own knowledg And the said Commons by Protestation saving to themselves only the Liberties of Exhibiting at any time hereafter any other Accusation or Impeachment against the said Sir John Brampston and also of replying to the Answer that he the said Sir John Brampston shall make unto the said Articles or any of them or of offering Proofs of the Premisses or any of their Impeachments or Accusations that shall be exhibited by them as the Case shall according to the Course of Parliament require do pray that the said Sir John Brampston Lord Chief Justice of the Court of Kings-Bench may be put to answer to all and every the Premisses and that such Proceedings Examinations Tryals and Judgments may be upon every of them had and used as is agreeable to Law and Justice Mr. Hollis also according to the Order of the House of Commons at this Conference made application to their Lordships in the behalf of Sir Randal Crew in this manner My Lords THese Gentlemen have represented unto your Lordships the sad object of Justice perverted Liberty oppressed Mr. Denzil Hollis his Speech about Sir Randal Crew July 6. 1641. of Judgment turned into Worm-wood the Laws which should be the Bars of our Gates to protect us keep us and all that is ours in safety made weak and impotent to betray us unto the hands of violence instead of Props to support us become broken Reeds to deceive us and run into our sides when we lean upon them even so many snares to entrap and entangle us And all this by the perfidiousness of those who are entrusted with our Laws who call themselves the Guardians and the Interpreters of the Law but by their accursed Glosses have confounded the Text and made it speak another Language and another Sense than ever our Ancestors the Law-makers intended Our Ancestors made Laws to keep themselves their posterity after them in the possession of their Estates these Judges could make the Law it self rob us and despoil us of our Estates Were we invaded and persecuted at any time for pretended Crimes or rather because they were free from Crime And did we put our selves upon a legal defence and shelter our selves under the Buckler of the Law use those Lawful Weapons which Justice and Truth and the Common Right of the Subject did put into our hands would this avail us No these Judges would make the Law wrest our Weapons from us disarm us take away all our defence expunge our Answers even bind us hand and foot and so expose us naked and bound to the mercilesness of our Oppressors were our Persons forced and imprisoned by an Act of Power would the Law relieve us when we appealed unto it No it would joyn hands with violence and add bitterness to our sorrow these Judges would not hear us when we did cry no importunity could get a Habeas Corpus Nay our cryes would displease them and they would beat us for crying and over-do the unjust Judge in the Gospel with whom yet importunity could prevail My Lords The Commons of England finding themselves in this lamentable condition by the wickedness of these Judges It is no wonder that we complain of them it is no wonder if the Knights Citizens and Burgesses Assembled in Parliament have sent up some of their Members to stand upon Mount Ebal to Curse these Judges to denounce a Curse upon them who have removed our Land-marks have taken away the Bound-stones of the Propriety of the Subject have left no Meum Tuum but he that had most might had most right and the Law was sure to be on his side It hath been the part of these Gentlemen who have spoken before me to pray for justice upon those men who would not do justice to others My Lords I come upon another Errand and yet for justice too for there is justice upon Mount Gerezim as well as upon Mount Ebal It is as great a point of justice to give a blessing a reward where it is due as punishment where punishment is due For reward and punishment Praemium poena be the two legs that Justice walks on and reward is her right leg the more noble and the more glorius Supporter of that Sacred and Divine Body that which God himself the Foundation of Justice doth more delight in Tradior ad poenas Deus est ad praemia velox Punishment is good as Physick in the Consequence Reward as wholesome and nourishing Food in the Essence the one we do because we must do it as necessary the other because we love to do it as being pleasing and delightful Your Lordships then I doubt not will as willingly joyn with the Commons in doing good to a good Judge as in punishing of the bad My Lords We honour them and reckon them Martyrs for the Common-wealth who suffer any thing by defending the Common Right of the Subject when they will not part with their own Goods contrary to Law when indeed their private interest goes along with it or rather before it and the publick Concernment seems to come but in a second place such were those many whom these Judges have oppressed yet these Men we magnifie and judge worthy of Praise and Reward But what honour then is he worthy of who meerly for the publick hath suffered himself to be divested and deprived of his particular such a Judge as would lose his place rather than do that which his Conscience told him was prejudicial to the Common-wealth Is not he worthy of double honour And this did that Worthy Reverend Judge the chief Judge of England at that time Sir Randol Crew because he would not by subscribing countenance the Loan in the first year of the King contrary to his Oath and Conscience he drew upon himself the displeasure of some great Persons about his Majesty who put on that project which was afterwards condemned by the Petition of Right in the Parliament of Tertio as unjust and unlawful and by that means he lost his place of Chief Justice of the King's-Bench and hath these fourteen years by keeping his innocency lost the
or in the Consistory of the Bishop of Norwich And that in such case no prohibition against the said Bishop of Norwich their Chancellors or Commissaries in the said Courts of Consistory be granted And if any such Writ be any time obtained the Judges granting the same upon sight of his Highness's said Order shall forthwith grant a Consultation to the Minister desiring the same with his reasonable cost and charges of the same Which said Order and Decree under the great Seal of England tended to the violation of the Oaths of the Judges and was devised contrived and made by the said Bishop And afterwards by his evil Counsels and false Surmises he did obtain His Majesties Royal consent thereunto and by colour of the Order aforesaid and other the doings of the said Bishop the Citizens and Inhabitants of Norwich aforesaid viz. John Collar Judith Perkeford and others have been forced to pay the two Shillings in the Pound in lieu of Tithes or else by Suits and other undue means been much molested and put to great charges and expences contrary to the Law and Justice XXV That he assumed to himself an Arbitrary Power to compel the respective Parishioners in the said Diocess to pay great and excessive Wages to Parish-Clerks viz. the Parishioners of Yarmouth Congham Tostock and others commanding his Officers that if any Parishioner did refuse to pay such Wages they should certifie him their Names and he would set them into High-Commission Court for example of the rest and that one or two out of Ipswich might be taken for that purpose And the said Commons by Protestation saving to themselves the liberty of exhibiting at any time hereafter any other Accusation or Impeachment against the said Matthew Wren late Bishop of Norwich and now Bishop of Ely and also of replying to the answer that he the said Matthew Wren shall make unto the said Articles or any of them or offering proof of the Premisses 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 he the said Matthew Wren may be called to answer the said several Crimes and misdemeanors and receive such condign punishment as the same shall deserve and that such further proceedings may be upon every of them had and used against him as is agreeable to Law and Justice Thus did these great Zealots for the pretended Purity and Reformation of Religion and to reduce the Bishops to their Primitive State even litterally render them so by Persecution imitating the Primitive Persecutors of the Primitive Bishops clothing them in Skins of Bears Wolves and Tigres to invite the cruel Mastisss to fall upon them and tear them in Pieces And certainly not with standing this black Accusation there cannot be a greater Demonstration of the Innocence of this worthy Prelate then the very Articles and that this Accusation wanted proof to carry it further than a bare Accusation and a Commitment to the Tower where with the Courage and Patience of a Primitive Christian he continued a Prisoner till the happy Year 1660. wherein he saw himself the Church and this Kingdom together set at Liberty by the blessed Restauration of His Most Serene Majesty Charles the Second to his undoubted Birth-Right the Imperial Crown of these Realms from the Bondage and Slavery under which they had for so many Years laid Languishing and almost ready to expire The Earl of Bristol acquainted the House King Assents to the 5 Propositions That His Majesty had been moved concerning the Five Propositions presented from their House from the House of Commons Yesterday and his Majesty consents to all the said Propositions WHEREAS a Petition hath been Exhibited unto this Honorable House by sundry Officers The Case of the Clerks c. of the Court of Common-Pleas against Patentees and the Lords Order upon it Clerks and late Clerks of the Court of Common Pleas Thereby shewing that they have been Bred and Trained up as Clerks in the said Court and that the Disposition of the Offices of Prothonotories Fillizers Exigenters and divers other Officers of the said Court had Time out of Mind appertained to the Chief Justice of that Court for the Time being as an inseperable Incident to his Office and that the same were granted to such skilful and experienced Clerks trained up in the said Court as were most fit and able for the Execution of the same Places and that notwithstanding several Grants and Letters Patents of the said Offices had been obtained from His Majesty to the great discouragement of able Clerks and therefore prayed that the said Grants or Letters Patents might be recalled And whereas several Petitions have likewise been Exhibited by the Patentees touching the said Offices and several Days of hearing have been appointed but in regard of greater Business in the House the Cause could not be heard whereupon it pleased the Lords upon the 26th Day of June last to Order that the Judges of the Kings-Bench and Barons of the Exchequer should consider whether the said Grants or Letters Patents made by his Majesty of the said Offices or any of them were good in Law and should make Report thereof unto the House to the end their Lordships might proceed to do what should be Right and Just therein And whereas the said Judges and Barons upon perusal of divers of the said Patents and a due Consideration had of the Grants of those Offices in former Times made by the Chief Justice of the said Court of Common-Pleas for the Time being and upon hearing of Councel on both Sides after mature deliberation had of the Premisses did certifie that the Offices of the first and third Prothonotary of the said Court of Common Pleas of the Clerk of the Warrants of the Clerk of the King's Silver of the Clerk of the Essoignes of all the Exigenters and of all the Fillizers except of the County of Monmouth have by prescription belonged to the Chief Justice for the time being and that he hath always granted the same for the Lives of the Grantees who have held them by his admittance only and that the Office of Clerk of the Treasury of that Court is all ways Granted by the Chief Justice for the time being to such Persons as he shall nominate to continue only during the Time that he continues Lord Chief Justice And further they did certifie their Opinions to be that none of the Grants made by his Majesty of any of the Offices or Clerks Places before in the same Certificate mentioned were good in Law And whereas this Day was appointed by Order of this House for the hearing of the said Cause Now upon full debate of the Matter by Councel learned on both Sides their Lordships taking the Business into their mature Consideration and well approving the Learning Justice and Integrity of the present Chief Justice and thinking it most just and meet that the Rights and Priviledges
truely incident and belonging to the Place of Chief Justice of the said Court of Common-Pleas should be restored and continued they have Vnanimously Resolved Voted Declared and Ordered That the said Offices of the first and third Prothonotary of the said Court of Common-Pleas of the Clerk of the Warrants of the Clerk of the King's Silver of the Clerk of the Essoignes of the Clerk of the Treasury and of all the Phillizers and of all the Exigenters except for the County of Monmouth do by right belong to the Disposition of the Lord Chief Justice of the said Court of Common-Pleas for the time being and that the Grants formerly made by Letters Paents of the said Offices or Clerks Places or any of them are illegal and void in Law and it is further Ordered That the said several Letters Patents herein mentioned shall be forthwith brought into this House Mr. Comptroller brings a Message from the Queen in Writing Wednesday July 21. in these Words WHen the Parliament did the other Day The Queens Message by Mr. Comptroller express their Affections to Me in taking into Consideration the Journey which I had resolved on for the recovery of my Health and represented a Desire of My stay with a tender Care of removing all Occasions of My Indisposition I could not then give them a positive Answer such as I desired for their Satisfaction because I knew not if My Health would give way unto it but since that Time I have resolved to venture my Health and for complying with their Desires not to go since My Presence here will be acceptable unto them and that they conceive it will be for the good of the Kingdom for I desire nothing more then to let them see that I shall in all things be ready to gratifie them and to serve the State though as I then said with the hazzard of my Life Upon the Receipt of which Message it was Ordered That the Bill for the Queens Joynture shall be reported this Afternoon and Mr. Comptroller is to represent to Her Majesty that this House is very sensible of the favor done by Her Majesty and that they are thinking of some more solemn way of representing it Ordered That the same Committee that attended Her Majesty before shall meet with the Committee of Lords to present Thanks to Her Majesty at such time as their Lordships shall think fit and a Conference to be desired with the Lords about it their Lordships having had the like Message from Her Majesty sent to their House At which Conference it was agreed to return Her Majesty Thanks in these Words as was reported by Mr. Hollis BOth Houses of Parliament have with very much Comfort and Thankfulness received that Gracious Message Mr. Hollis Reports the thanks of both Houses to the Queen for putting off her Journey to the Spaw whereby your Majesty hath been pleased to declare your Resolution of staying your intended Journey at their humble Desire which they hope will be no Prejudice to the Recovery of your Health but rather an advancement of it by that Contentment which You will receive from the continual Expression of their Affection and Zeal to do you Service And they have commanded Me in their Names to declare that both Prayers and Indeavors shall concur in all things tending to your Majesties Wellfare and Prosperity These Promises were well observed when they voted her Majesty a Traitor afterwards for assisting the King against them in an Actual Rebelbelion The Queens Answer Thursday July 22. Cessation continued 15 days longer which they shall ever esteem as a very great Blessing both of the Kingdom and of themselves To which Her Majesty returned this Answer I Am very glad that both Houses of Parliament have taken my Resolution of staying my Journey in so good Part they may see by it I have preferred their Content before My Health and I shall still continue to do all lies in My Power to serve the King and for the good of this Kingdom and to please them as they have already seen The Cessation of Arms was voted to be continued Fifteen Days longer from the expiration of the present Term upon the same Conditions if the Treaty continue so long This Day Mr. Smart who Articled against Dr. Cosins was by Order of the Lords restored to his Prebend in Durham and had also the Vicaridge of Aycliff in the Bishoprick of Durham bestowed on him upon the Death of Dr. Carr the present Incumbent So forward was the Zeal of the Faction to incourage and reward these Men who had been the Opposers of the Government and the real Incendiaries by promoting false and scandalous Accusations against the Bishops and the Dignified Clergy A Report from the Committee of Seven Ordered That the Articles then Reported be kept secret They were about the Conspiracy but not being entred in the Journal I cannot oblige the Reader with them The Earl of Bristol reported the Answer of the Scots Commissioners to the Two Propositions Earl of Bristol Reports the Scots Answer about disbanding which the Lords Commissioners were Ordered by this House to propound to them The Answer was ALthough the extreme necessity of the Army hath been so represented unto us as that the Arrear and 80000 l. of Brotherly assistance have not been sufficient to disband our Army and pay the most necessary present Charges yet have we not refused to agree to your desires in every thing within our Power which moveth us who are but a few of the Commissioners to offer not only the representing of our present desires to the General and Committees but the perswading of their condescending so far as necessity can permit both about the time of disbanding our Army so much desired by us all and which will be done chearfully and readily as soon as the Articles are ratified in the Parliament here and the Mony that shall be agreed upon sent and received at Newcastle As also for continuing the forbearance of the payment of 80000 l. for some short time But we are bold to desire an Alteration in your Lordships Paper that it may be the most possible for them to agree thereto as all the by-gone Arrears would be presently sent to Newcastle that they may have time to make Accompts and prepare for Disbanding so all the Arrears that will be due to the last day of the Payment of our Army may be shortly satisfied either here at London for answering Ecxhanges or sent to Newcastle to help the Disbanding there And for the 80000 l. that your Lordships would offer to Deliver and Embarque the same here before the Tenth of August that it may be in Scotland against the King's coming or the 20th day of the said month at farthest because divers have lent all their Moneys and sold all their Victuals for the publick use of the Army who must now be supplied with some part of their Mony and price of their Victuals otherwise it
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
his Lordships great Care and Diligence in disbanding the said Army so happily for the preservation of the Safety and Quiet of the Kingdom which accordingly was done immediately by the Lord Keeper in the Name of the House Upon the reading of the Bill against Pluralities and Non-Residence after the debate of the House Proviso for Kings Chaplains Noblemen c. in the Bill against Pluralities these Lords Committees following were appointed to take into Consideration the King's Chaplains the Priviledges of Noblemen and the Heads of Colledges in the two Universities and also to consider of a Proviso That every Parson or Vicar that lives from his Living shall provide an able Curate to supply the Living allowing him a Moiety thereof clear of all Charges and the Parson to Nominate the Curate with the Consent of the Patron Committed to the Lord Privy Seal Marquiss of Hartford Lord Admiral Lord Chamberlain E. Southampton c. Lord Chief Justice of the Common-Pleas Mr. Justice Heath Mr. Justice Mallet Assistants their Lord ships or any Seven of them to meetat Nine a Clock to Morrow Morning in the Painted Chamber Upon a Motion made by Mr. Pym Monday October 25. Order to provide Match Bullets for the Guard A Plot against Mr. Pym. it was Ordered That the Burgesses of Westminster and the Knights for Middlesex shall take Care for the providing of Bullets and Match for the Soldiers and a convenient Place for them to stand dry in Mr. Pym declares That he received a Letter from a Porter at the Door of the House and upon the opening of it a Plaister which came from a Wound full of Corrupt Matter dropt out of it and that the Letter contained many Menaces and much railing against him The Porter being examined said a Gentleman on Horse-back in a Gray Coat gave him twelve Pence for the speedy delivery of it What ever the Matter was it made a mighty Noise both in the House and out of the House in the City and Country for Mr. Pym was then one of the greatest Idols of the Faction All the Art imaginable was used to find out the Author of this dangerous Attempt to infect Mr. Pym with the Plague but to no purpose for many Persons believed it to be only a Plot of his own inventing against himself However one Mordant was taken upon Suspition and Examined but there being no Proof against him he was acquitted Captain Ven brought in the Complaints of the Godly and Well-Affected Party Tuesday October 26. against Mr. Hutton Curate of St. Giles Cripple-Gate For that on the Day of Thanksgiving he would not suffer any one to Preach but himself 2ly That instead of Preaching in the Afternoon he only read the Bishop of Lincoln's Prayer 3. That he refused Mr. Sedgewick to preach there as Lecturer Whereupon it was Ordered That Mr. Hutton Curate of Cripple-Gate be taken into Custody for Contemptuous Speeches against the Orders of the House The House then fell upon the debate of the Impeachment of the Thirteen Bishops and great bandying of the Matter there was for the difficulty was The Commons in great perplexity what name to give the Crime of the Bishops for making the new Canons by what Name this Heinous Offence of the Bishops should be called and many of the Lawyers being in Westminster Hall it was Ordered That the Serjeant should immediately give Notice to all the Lawyers and others in Westminster Hall to attend the House Mr. Hollis thought fit that the Bishops should be charged with High Treason but some of the most Eminent of the long Robe affirmed they might as well Call it Adultery as Treason and after all that could be said upon the Subject it was Resolved upon the Question That the Debate concerning the naming of the Crime of the Bishops in making the last New Canons shall be at this time laid aside Resolved c. That no certain time shall be now appointed for the further Debate of the Business concerning the Naming of the Crime in the Bishops for the making of the last new Canons Mr. Pym Reports the Conference with the Lords Conference about a Letter from the King The Lord Keeper declared that he had received a Letter from his Majesty wherein he signified That though extraordinary Occasions had kept him there longer then he expected so that he was forced not to be so good as his Promise and Intention yet he did assure them he would make all the hast back to them that he could The King's Letter was in these Words My Lord Keeper SInce that by the Necessity of My Affairs I am detained here so long The King's Letter to the L. Keeper that I cannot be at the Down-Sitting of the Parliament I have thought it fit by these Lines to direct you to tell both Houses in My Name that as this My long Absence is beyond My Expectation so it is against My Desire and that I will make all the Dillgence that the Weightiness of these Affairs will possibly permit to return and so I rest Edenborough the 20th of October 1641. Your Assured Friend Charles R. This day Sir Robert Berkley Knight Judge Berkley at the Bar of the Lords one of the Judges of the King's Bench was brought as a Delinquent to the Bar of the Lords House and the Lord Keeper told him that he was now to hear the Impeachment of High-Treason brought up against him from the House of Commons read which being done He gave their Lordships Humble Thanks for their Justice in calling him to make his Answer and acknowledged the Justice of the House of Commons that they have desired he might make his Answer to his Charge and be Proceeded in according to Justice And withal he made it his earnest Request to their Lordships that they would permit him a little time now to speak somewhat to the Particulars of his Charge and having obtained Leave of the House so to do he made a long Relation upon the particular Articles of his Impeachment and concluded with this his Plea and Answer That he is not Guilty in Manner nor Form as is laid against him in his Impeachment After which he humbly presented to the House a Petition desiring their Lordships to take their Particulars into Consideration Hereupon he withdrew and his Petition was read in haec verba To the Right Honorable the Lords Assembled in Parliament The Humble Petition of Sir Robert Berkley one of the Judges of his Majesties Court of Kings-Bench YOur Lordships having The Petition of Judge Berkley to the Lords October 26. 1641. as your Petitioner conceiveth appointed Tuesday the next Week being the second of November next for your Petitioners Tryal he most humbly prayeth That your Lordships will be pleased to grant unto him your Lordships present Warrant for such Witnesses as he shall have Cause to use at his Tryal That your Lordships will be pleased to admit and if need be to assign him
any Loss in their Fat 's Panns or otherwise by occasion of the Corporation of Westminster Resolved c. That the Obligation entred into by the Soapers of London to his Majesty upon their Deliverance out of Prison upon the Sentence of Star-Chamber conditioned that they would not make any more Soap without the License of the Corporation of Westminster were Illegal and contrary to the Liberty of the Subject Resolved c. That Sir John Hales Francis Plowdon Fitz Williams Conisby Delinquents about the Soap-Patent sent for by the Serjeant at Arms. Edmund Windham John Gifford George Vaughan _____ Stradlings shall be sent for as Delinquents by the Serjeant at Arms attending this House It was Ordered That according to the Order of the Ninth of November last Mr. Fitz Williams Conisby shall be expelled this House he being a Monopolist and that the Speaker Issue out a Warrant to the Clerk of the Crown for a Writ for a new Election for a Member to serve for the County of Hertford in his Place It was also Ordered Burgess to Preach before the Commons November 5th Monday Novemb. 1. The News of the Irish Rebellion which broke out upon Saturday October 23. That Doctor Burgess shall be desired to Preach before this House upon the Fifth of November This day the Lord Keeper informed the House of Lords That the Lord Lieutenant General of Ireland having yesterday Morning received a Pacquet of Letters and Examinations from the Justices and Council of Ireland discovering an Insurrection and Treason in that Kingdom and that the Rebels have already committed divers Murders and fired Houses and Villages of the Protestants there Vpon this the Privy-Council met at White-Hall and considering it to be a Matter of so great Importance thought it not fit to omit any Opportunity nor loose Time therefore because this House was appointed not to sit until this Afternoon * The L. Keeper the L. P. Seal L. High Chamberlain E. Marshal L. Admiral L. Chamberlain E. of Bath E. of Dorset E. of Leicester E. of Warwick E. of Holland E. of Berks E. of Bristol L. Viscount Say and Seal L. Mandeville L. Goring L. Willmot acquaint the Commons with the Irish Rebellion After they had staied a little Chairs were brought them and the Speaker desired them in the Name of the House to sit and be covered the Lords of the Council as Privy Counsellors thought it expedient to communicate the same speedily to the House of Commons and this Morning in a full House their Lordships in Person caused the Letters and Examinations concerning the Business to be publickly read unto them and desired the House of Commons to take the same into Consideration Hereupon the Letters and Examinations were read first a Letter which was sent from the Council of Ireland to the Lord Lieutenant General as follows May it please Your Lordship ON Friday the 22th of this Month after Nine of the Night The Letter from the Council of Ireland to the Lord Lieutenant General of the Discovery of the Irish Rebellion this Bearer Owen Connelly Servant to Sir John Clotworthy Knight came to me the Lord Chief Justice Parsons to my House in great secresie as indeed the Case did require and discovered unto me a most wicked and damnable Conspiracy plotted and contrived and intended to be also acted by some evil affected Irish Papists here The Plot was on the then next Morning Saturday the 23 of October being * * Ignatius Loyola not the Martyr Ignatius the Tutelar St. of Romish Rebels Ignatius Day about Nine of the Clock to surprize His Majesties Castle of Dublin His Majesties chiefest strength of this Kingdom wherein also is the principal Magazine of His Majesties Arms and Munition And it was agreed it seems among them that at the same hour all other His Majesties Forts and Magazines of Arms and Munition in this Kingdom should be surprised by others of the Conspirators And further That all the Protestants and English throughout the whole Kingdom that would not joyn with them should be cut off and so those Papists should then become possessed of the Government and Kingdom at the same Instant As soon as I had that Intelligence I then immediately repaired to the Lord Justice Borlace and thereupon we Instantly Assembled the Council and having sat in Council all that night as also all the next day the 23 of October in regard of the short time left us for the Consultation of so great and weighty a matter although it was not possible for us upon so few hours warning to prevent those other great mischiefs which were to be acted even at that same hour and that at so great distance as in all the other parts of the Kingdom yet such was our industry therein having caused the Castle that Night to be strengthned with Armed Men and the City Guarded as the wicked Councels of those Evil Persons by the great Mercy of God to us became defeated so as they were not able to act that part of their Treachery which indeed was principally intended and which if they could have effected would have rendred the rest of their Purposes the more easie Having so secured the Castle we forthwith laid about for the Apprehension of as many of the Offenders as we could many of them having come to this City but that night intending it seems the next morning to act their Parts in those Treacherous and Bloody Crimes The first man apprehended was one Hugh Mac-Mahon Esq Grand-son to the Traytor Tyrone a Gentleman of a good fortune in the County of Monoghan who with others that morning was taken in Dublin having at the time of their apprehension offered a little resistance with their Swords drawn but finding those we imployed against them more in Number and better Armed yielded He upon Examination before us at first denied all but in the end when he saw we laid it home to him he confessed enough to destroy himself and impeach some others as by a Copy of his Examination herewith sent may appear to your Lordship We have committed him until we might have further time to Examine him again our time being become more needful to be imployed in Action for securing the Place then in Examining This Mr. Mac-Mahon had been abroad and served under the King of Spain as a Lieutenant Colonel upon Conference with him and others and calling to mind a Letter which we received before from Sir William Cole a Copy whereof we send your Lordship here inclosed we gathered that the Lord Mac-guire was to be an Actor in surprizing the Castle of Dublin wherefore we held it necessary to secure him immediately thereby also to startle and deterr the rest when they found him laid fast His Lordship observing what we had done and the City in Arms fled from his Lodging early before Day it seems disguised for we had laid a Watch about his Lodging so as we think he could not pass without
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
Nature to reveal concerning some Lords and Members of the House of Commons Upon this the House sent forth some Members to speak with the Man who acquainting the House with some Discourse they had with him the Commons sent for him in who beginning to relate the Business the House of Commons would not suffer him to name any Person lest the Parties hearing of it should Fly And because it concerned some Peers of this House the House of Commons have sent the Man who is now at the Door ready to be Examined openly or in what manner else their Lordships in their Wisdom shall think fit Then Thomas Beal a Taylor dwelling in White-Cross Street was called in and made a Relation of the whole Matter with all the Circumstances which was as follows THat this day at Twelve of the Clock Beal's Narrative before the Lords he went into the Fields near unto the Post-House and walking on a private Bank he heard some talking but did not see them at first but finding them by the Voice he coming within hearing of them understood they talked of State Affairs and going nearer them he heard one of them say that it was a wicked thing that the last Plot did not take but if this goes on as is in Hand and intended they shall be all made And also heard them say That there was 108 Men appointed to kill 108 Persons of the Parliament every One his Man some were Lords and the others were to be Members of the House of Commons all Puritans and the Sacrament was to be Administred to the 108 Men for performing of this and those that killed the Lords were to have 10 l. and those that were to kill the Members of the House of Commons 40 s. That Gorges being the 37th Man Very notable Rewards had taken the Sacrament on Saturday to kill one of the House of Commons and had received 40 s. That one Phillips coming to London on Sunday Night late was charged to be at my Lord's Chamber where was only my Lord Father Jones and Father Andrews he also had his Charge and five more with him he being the 108 man and the last as he thought That Phillips had been in Warwick-shire and in Buckingham-shire with Letters and that he delivered Letters to Mr. Sheldon who gave him his Dinner and a Piece for his Pains charging him to make haste to London again and giving him Letters to deliver to my Lord. That Dick Jones was appointed to kill that Rascally Puritan Pym and that 4 Tradesmen were to kill the Puritan Citizens which were Parliament men That on the same day being the 18th of this Month when the City shall be in a Tumult there shall be Risings in Six several Parts of this Land by the Papists viz. in Warwick-shire Worcester-shire Buckingham-shire Lancashire and Two other Places which he remembers not That those that were to kill the Lords were brave Gallants in their Scarlet Coats and had received every man 10 l. a piece and when that was gone they might come and fetch more That this was to be done either coming down Stairs or taking their Coaches or entring into their Lodgings or any other way as they should see opportunity That although all were not killed yet the Tumult would be so great that it would prevent sending to Ireland and that was Father Andrews his Wit to prevent sending thither because if they prevailed there they should not have Cause to fear here This Relation being made Beal was commanded to withdraw and the House took into serious Consideration what Course was fit to be speedily taken in this Business And the House being informed That there is one Father Brown a Priest in the Gate-House who is a likely Man to give Information and Descriptions of Jones and Andrews mentioned by Beal the Lord Chief Justice of the Common-Pleas and Mr. Justice Reeves were appointed to go presently to the Gate-House to take his Examinations It was also Ordered That the Justices of the Peace Order to Apprehend Priests and Jesuits of the City and Liberties of Westminster the Justices of Peace for the County of Middlesex and the Lord Mayor and Sheriffs of London do presently make speedy and privy Search this Night for Father Jones and Father Andrews Priests and for all other Seminary Priests and Jesuits and to cause them to be forthwith Taken and Apprehended and put into safe Custody until the further Pleasure of this House be known and that their Names be returned to this House and that any Man that shall discover any Popish Priest or Jesuit and procure them to be Apprehended shall be rewarded by the Parliament It was further Ordered That the Gentleman Vsher attending this House or his Deputy shall repair unto Edward Sheldon Esquire the Elder Order to seize the two Mr. Sheldons upon Beal's Discovery and Edward Sheldon the Younger his Son and bring them unto the Lords in Parliament with a safe and Strong Guard upon them if there shall be Cause and that the Sheriff of the County wherein the said Mr. Sheldons now Reside shall Aid and Assist the said Gentleman Vsher or his Deputies for the safe bringing up of the said Mr. Sheldons to the House if the said Gentleman Vsher or his Deputies shall desire it And that the said Gentleman Vsher or his Deputies shall call in two of the next Justices of the Peace and Seal up their Study Doors and make search for Priests and Jesuits and bring them up that they may be Proceeded against as this House shall direct Ordered That Mr. William Sheldon now in Town be forth-coming at such time as this House shall send for him and in the mean time his Study to be sealed until further Order Ordered That all Lords Recusants being Members of this House and Peers of Parliament being now in Town shall come to this House on Tuesday the 16th of this Instant November by Nine of the Clock in the Morning Ordered That strict and near Search shall be made with all possible Speed in all Parts in and about the City of London and the Liberties thereof for one called or known by the Name of Richard Jones who being Apprehended shall be forthwith brought before the House And it was also Ordered That the Deputy Lieutenants of the Counties of Worcester Lancashire Warwick-shire and Buckingham-shire have a Charge to secure the said Counties The Lord Chief Justice of the Common-Pleas Reported Thnt he hath Examined Father Brown whether he knows any such Men as Father Jones and Father Andrews and his Answer is he knows no such In the Commons House a Committee was appointed to prepare a Draught of an Ordinance of Parliament for the putting the Trained-Bands into a readiness and posture of Defence upon all Occasions and likewise for securing the Persons of the Prime Papists and the Knights Citizens and Burgesses to bring in Lists of the Prime Papists in their several Counties Tuesday Novemb 16. Mr.
hearty and kind Affections to my People in general and to this City in particular as can be desired by loving Subjects The first I shall express by governing you all according to the Laws of this Kingdom and in maintaining and protecting the true Protestant Religion according as it hath been Established in my two famous Predecessors times Queen Elizabeth and My Father * * Too Prophetically spoken and this I will do if need be to the hazzard of My life and all that is dear unto Me. As for the City in Particular I shall study by all means their prosperity And I assure you I will singly grant those few reasonable demands you have now made unto me in the Name of the City and likewise I shall study to re-establish that flourishing Trade which now is in some disorder amongst you which I doubt not to effect with the good assistance of the Parliament One thing I have thought of as a particular Affection to you which is to give back unto you freely that part of London-Derry which heretofore was Evicted from you This I confess as that Kingdom is now is no great Gift but I hope first to recover it and then to give it to you whole and intirely And for the Legal part of this I command you Mr. Recorder to wait upon me to see it punctually performed I will end as I began to desire you Mr. Recorder to give all the City thanks in better Expressions than I can make Though I must tell you it will be far short of that real contentment I find in my heart for this real and seasonable Demonstration of their Affections to me Sir Richard Gurney the L. Mayor and the Recorder Knighted His Majesty having ended this gracious Speech was pleased to confer the honour of Knighthood upon the Lord Mayor and Mr. Recorder with the City Sword and both their Majesties gave them as also the Aldermen City Council and Officers the honour of kissing their Royal hands This Ceremony being over His Majesty and the Prince alighted out of the Coach and took their Horses the Queen Duke of York Princess Mary Prince Elector and the Dutchess of Richmond still remaining in their Coaches In the mean time by the care and pains of the two Captains of the Companies and of the three Marshals that were appointed for this days Service the 500 Horse-men of the Liveries and their Attendants were brought in Order and the Command being given faced about in order to the conducting of their Majesties into London which brave appearance gave great satisfaction to His Majesty and the rest of that Illustrious Company The whole Cavalcade was Marshalled in this Order The City Marshall The Sheriffs Trumpeters The Sheriffs Men. Messengers of the Chamber Citizens in their Velvet Coats and Chains The City Councel and Officers The Aldermen The Princes Trumpeters The King's Trumpeters Gentlemen of the Privy Chamber Knight Marshal Pursivants at Arms. The Lord Chief Justice of the Common-Pleas being a Knight of the Privy Council Barons Lord Goring Lord Coventry Lord Fielding Lord Digby Lord Moubray Viscount Conway Heralds Earls Earl Rivers Earl of Bath Earl of Cumberland Earl of Essex L. Chamberlain of the King's House Duke of Richmond Clarencieux and Norroy Lord Keeper Lord Privy Seal Sergeants at Arms among whom one for the City Quirries and Foot-men The Prince's Highness Quirries and Foot-men Garter The Lord Mayor carrying the Cities Sword by His Majesties special appointment as a grace and favour at this time A Gentleman-Usher daily waiting Lord Great Chamberlain Marquess of Hertford bearing the Sword of State Earl Marshal The King's Majesty The Queens Majesty in her Coach richly Embroydered and with her the Duke of York the Princess Mary and the Prince Elector Marquess Hamilton Master of the Horse leading the Horse of State The Earl of Salisbury Captain of the Pensioners The Gentlemen Pensioners with their Pollaxes all mounted with Pistols at their Saddles The Earl of Holland Lord General beyond Trent and after him Viscount Grandison with many other principal Commanders in the late Northern Expedition After them divers Ladies and other Persons of Great Quality The Yeomen of the Guard In this Order they marched towards London and entred the City at Moor-gate where their Majesties were welcomed with a noise of Trumpets appointed to attend there to that purpose from which place to Bishops-gate and so through Corn-hill to St. Laurence Lane's End in Cheap-side the Companies in their Liveries stood on the left hand as their Majesties passed by the Rails of the Standings being covered with Blew Cloth and the Standings themselves being richly adorned with Banners Ensigns and Pendants of the Arms of each Company respectively Nine Companies of the Twelve standing in the Morning the Lord Mayor's Company beginning against St. Laurence Lane's End and the other Eight in their Order towards Bishops-gate the rest of the way to Moorgate being supplied by some of the inferiour Companies the outsides of the Houses all the Way their Majesties passed being adorned with rich Tapestries On the North side of the Street four Foot distant from the Houses were Rails placed to regulate and keep the People in good Order from Bishops-gate to Corn-hill and so to Temple-Bar at the beginning of which Rails viz. at Bishopsgate by the direction of the 2 Captains and 3 Marshals the first Horse-men of the Liveries began to make a Stand the first Rank of them placing themselves single faced to the Liveries that were in the Standings and the rest passing along placed themselves in the same Order The Trumpets and Pendants of each Company standing in the Front and then the Companies themselves the youngest being next to the Pendant and so upwards by Seniority to the Master of the Company who took his place last Then began the Pendant and Youngest of the next Company to make their Stand and so in Order till they came to St. Laurence Lane's End there being five Foot distance from one Horse to another in which space stood each Horse-man's Foot-man with a Truncheon in his hand so making a Guard for their Majesties and the rest of the Train to pass through And it fell out that most of the Companies of Horse were placed right against their own Companies in the Standings The People that were Spectators in the Streets were bestowed part behind the Horse and part behind the Liveries and by this good Order their Majesties and the whole Train passed quietly and without the least interruption Their Majesties coming along Corn-hill seven Trumpets that were in the Clock-house of the Royal Exchange gave their second welcom into the City and as they passed along the Conduit in Corn-hill and the great Conduit in Cheapside ran with Claret Wine to express the Liberality of the City for that Joyful Day And all the Way as their Majesties passed along the Streets resounded again with the Loud and Joyful Acclamations of the People crying God bless and long
to the Custom of that Nation he told him that he had not deserved to be distrusted by him who could not but remember that when he was accused to him of High Treason yet he permitted him even then to lye in his Bed Chamber this made Hamilton outwardly appear much troubled for having given the King so just occasion of Displeasure but his great Interest in the Faction formerly mentioned out of the Earl of Manchester's Memoires notwithstanding all that hath been said by an able Pen in vindication of him seems not able to guard his Innocence from the common Fame which went of him that he betrayed the greatest Secrets of the King to the Junto which managed the two Houses of Parliament and that by the opportunity of being of the Bed-Chamber he took the Letters out of the King's Pockets and from them gave Informations of several things to the Party much to the disadvantage of the King's Affairs There is another thing which I cannot omit which is a Letter of His Majesties to Mr. Nicholas Clerk of the Council from Edinburgh which I found in the Paper Office which was as follows I Hear it is reported That at my Return The King's Letter to Mr. Nichols Clerk of the Council of his Resolution to maintain the Church of England I intend to alter the Government of the Church of England and to bring it to that Form as it is here Therefore I Command you To assure all my Servants that I will be constant to the Discipline and Doctrinâ— of the Church of England Established by Queen Elizabeth and my Father and that I resolve by the Grace of God to die in the maintenance of it Edinburgh Oct. 18. 1641. Charles R. Having made this little Holiday with the short gleam of Sun-shine in His Majesties Affairs we must now return to the old Trade again of diging the Quarries of Rebellion The King having sent for the Lord Keeper Friday Novemb. 26. the House gave him leave to attend upon his Majesty and appointed the Lord Chief Justice of the Common Pleas to be Speaker of their House till he returned Upon his return he informed the House That his Majesty had Commanded him to let their Lordships know That whereas he intended this day to have come to this House his Majesty is diverted upon some important business at this time and withal he is very hoarse with a Cold but his Majesty intends very shortly to come to this House The Lord Chamberlain signified to this House E. of Essex delivers up his Commission of Cap. General on the South-side of Trent That the King being returned home his Lordship hath delivered up his Commission of Captain General of the South Parts of this Kingdom into his Majesties Hands so that his Lordship cannot now take any Order for the Guarding of the Parliament as was Ordered by the Parliament therefore he desired their Lordships to consider of what Course is fit to be taken herein he having now no Power to obey their Commands Hereupon it was Resolved to communicate the matter to the House of Commons at a Conference which was done accordingly The Lord Keeper declared A Message from the King concerning Guards of the Parliament That he had received a Command from the King that the Houses should be made acquainted That His Majesty hearing that the Parliament have appointed Guards for securing the Houses he presumes they did it upon some Reasons but his Majesty not knowing any Reasons It is his Majesties Pleasure That the said Guards be dissolved for now his Majesty hopes that his Presence will be a Protection to the Parliament But if there be Occasion and his Majesty sees Reasons for it he will be very forward to take Care there be sufficient Guards to secure the Parliament Which was also ordered to be added to the Conference which was to be with the Commons In the Commons Journal there is the same Message with this addition That if need be to have a Guard hereafter his Majesty will be as glad to have a Guard as any other A Message was also sent by George Goring Esq To let their Lordships know That the House of Commons desire their Lordships would be pleased to send some few Lords to Petition his Majesty in the name of both Houses That the Guards may be continued still and they will within a few dayes bring up some Reasons to satisfie his Majesty for the same For the debating of this the House was adjourned into a Committee during pleasure and the House being Resumed it was put to the Question Whether this Question should be put viz. Whether this House shall joyn with the House of Commons to Petition the King that the Guards may be continued for some few dayes within which time there may be some Reasons given for the further continuance of them And it was Resolved upon by the major part in the Negative Then the House agreed That the Message brought from the House of Commons should be the Question â—â—d be put in Terminis as it came up from them and the Lord Keeper was appointed to write as near as he could remember the very Words of the Message which his Lordship having read the House did conceive some words were Dubious for the satisfying whereof the Messengers of the House of Commons were called in and the Lord Keeper sitting in his place upon the Woolsack told them That there was some doubt of some Words in the Message which the House desired to be satisfied in and then the Lord Keeper going down to the Barr as Usually he does when he receives Messages the Messengers of the House of Commons repeated their Message again and the L. Keeper being returned to his place as Speaker reported the said Message in these Words viz. That the House of Commons desired that their Lordships would send some Lords to the King in the Names of both Houses To beseech his Majesty to continue the Guards till they may satisfie his Majesty of the Reasons why they conceive it necessary to have a Guard which they intend to do within a few dayes And then it was Resolved upon the Question by the Major part That this House doth joyn with the House of Commons in their desire And the Earl of Warwick and the Lord Digby were Ordered to attend his Majesty to move him in it according to the Message Saturday Novemb. 27. Reasons against single Troops for forming the Cavalry into Regiments The Lord Kimbolton Reported from the Committee for Irish Affairs a Paper containing the Reasons of the Assistants to the Committee for the Forming the Troops of Cavalry into Regiments under Colonels and Sergeant Majors 1. By reason of the continual Debate that would otherwise arise among the Officers and their want of Obedience of one to another 2. For the more speedy way as well in issuing as receiving the Orders for the better Executing of any Commands whatsoever 3. For the Exact
left that Nation a most peaceable and contented People So that although I have a little misreckoned in Time yet I was not deceived in My End But if I have deceived your expectations a little in the time of My return yet I am assured that My expectation is as much and more deceived in the condition wherein I hoped to have found some businesses at My return For since that before My going I setled the Liberties of My Subjects and gave the Law a free and orderly Course I expected to have found My People reaping the Fruits of these benefits by living in quietness and satisfaction of mind But instead of this I find them disturbed with Jealousies Frights and Alarms of dangerous Designs and Plots in Consequence of which Guards have been set to defend both Houses I say not this as in doubt that My Subjects Affections are any way lessened to Me in this time of My absence for I cannot but remember to My great comfort the joyful reception I had now at my Entry into London but rather as I hope that My presence will easily disperse these Fears For I bring as perfect and true Affections to My People as ever Prince did or as good Subjects can possibly desire And I am so far from repenting Me of any Act I have done this Session for the good of My People that I protest if it were to do again I would do it and will yet grant what else can be justly desired for satisfaction in point of Liberties or in maintenance of the True Religion that is here Established Now I have but one particular to recommend unto you at this time it is Ireland for which though I doubt not your care yet methinks the preparations for it go but slowly on The occasion is the fitter for Me now to mention it because of the Arrival of two Lords from Scotland who come instructed from My Council there who now by Act of Parliament have full Power for that purpose to Answer that Demand which it pleased both Houses to make of Me by way of Petition that met Me at Berwick and which the Duke of Richmond sent back by My Command to my Scotch Council Therefore My desire is That both Houses would appoint a Select Committee to end this business with these Noblemen I must conclude in telling you That I seek My Peoples Happyness For their Flourishing is My greatest Glory and their Affections My greatest Strength The King having Ended his Speech he departed and the Commons returned to their House Bishop of Hereford excused from paying some part of his Pol-mony Upon the Petition of the Bishop of Hereford It was Ordered That he having paid 60 l. for Poll-money shall be freed from any further Payments for the same and shall not pay after the Rate of Tenths because he is freed from paying of Tenths under the Great Seal of England and that upon good and valuable Considerations divers Mannors having been taken from the Bishoprick of Hereford in the beginning of the Reign of Queen Elizabeth Judges Report the Statutes in force against Riots Routs c. The Lord Chief Justice of the Kings-Bench Reported That the Judges have considered the Laws and Statutes of this Kingdom for preventing of Riots Routs and unlawful Assemblies and they are of Opinion That the best way is to issue forth Writs according to the Statute of 2 H. 5. cap. 8. Which Statute was presently read and it was Ordered That the Lord Keeper should forthwith issue forth Writs to the Sheriffs and Justices of the Peace of the City of London and the Counties of Middlesex and Surrey and to the Justices of the Peace of the City of Westminster according to the aforesaid Statute concerning Riots Routs c. and the Judges to be advised withall for the Form of the said Writs But the Tumults found too much Countenance among the Faction in the Commons House The Tumults incouraged by the Faction of the Commons where they were indeed promoted and incouraged as is Evident by the adjournment of the consideration of them this day in their House that having been yesterday ordered to be debated and so they were adjourned de die in diem which plainly manifests the tenderness they had for the Bioters and the Use they intended to make of these Tumultuous and Unlawful Assemblies which was to Terrifie the Lords to a compliance with their desires in cutting off a Limb from the Body of their House by Excluding the Bishops as before they had by the same Method prevailed in passing the Bill to cut off the Wise and Noble Head of the Earl of Strafford Sir Ralph Hopton Reported The Report how the King received the Petition and Declaration That last Night in the Evening the Committee appointed to attend His Majesty with the Petition of the House of Commons and the Declaration annexed came to Hampton-Court and Sir Richard Wiâ—n I may name him upon this Occasion gave his Majesty Notice of our being there and within a quarter of an hour the King sent a Gentleman to call us in with Directions that none should come in but the Committee alone who did all of them present themselves upon their Knees and my self in obedience to the Order of the House in the Absence of * Sir Ed. Deering upon whom they had imposed this ingrateful Task he being now fallen into their displeasure another designed for that Service did begin to read the Petition kneeling but his Majesty would not permit us to kneel but commanded us all to rise and so read it the first Observation His Majesty made was at that part of the Petition that charges the Malignant Party with the design to change Religion To which His Majesty said with a great deal of fervency The Devil take him whomsoever he be that had a Design to change Religion I then proceeded and when I came to that part of the Petition for reserving the disposal of the Lands of the Rebels in Ireland c. his Majesty was pleased to say We must not dispose of the Bears Skin till he be dead After the Petition was read his Majesty desired to ask us some Questions we answered We had no Commission to speak any thing concerning this business Then said he you may speak as particular men and said Doth the House intend to publish this Declaration * And yet it was carried before against Printing it but by 124 to 101 Votes upon Munday 22 No. We answered We could give no Answer unto it Well then said He I suppose you do not now Expect an Answer unto so long a Petition And this let me tell you I have left Scotland well and in Peace they are all satisfied with me and I with them and thô I staid longer there than I Expected yet I think if I had not gone you had not been rid so soon of the Armies I shall give you an Answer to this business with as much
Consideration of the House by which means I may hope of some satisfaction but this is totally left to your Honor's Consideration as opportunity offers and your Honor thinks fit in your own Judgment Thus humbly Craving pardon for this great Presumption I can safely say no man lives that is more Your Honors most humble Servant William Lenthall The Lord Keeper being indisposed Saturday Decemb. 1. craved leave of the House to retire for some time for the Recovery of his health which being granted this day the Lord Chief Justice of the Common-Pleas by the Command of the House sate as Speaker the Lord Privy Seal having performed the Office for some part of the day preceding And little of moment passed this day more then that the Lord Chamberlain was appointed to move his Majesty to Command the Sheriffs of the several Counties through which the Arms and Munition were to pass to Chester to take Care of the Safe Guarding of them In the Commons House Mr. Chillingworth sent to the Tower for words spoken in the House Chillingworth a Member was sent to the Tower for speaking some words which gave offence to the House by declaring his judgment in offering at his Instances concerning deposing of Princes It was too early day yet to broach these Doctrines and the Gentleman was to be made an Example for this rash Intemperance of his Tongue and certainly the Faction could not if it had been a forelaid occasion have done themselves a more Serviceable and Popular kindness for this was to let the whole Nation know that they had such a tenderness of Loyalty and Duty for the King that their chast Ears could not indure the ingrateful sound of Deposing Kings though in Instances of the remotest distance and then the natural Consequence of this must be That they who had such aversions and abhorrency to Treasonous Positions and Presidents at such a Distance could have no evil Intentions against their King though they asked of him to divest himself of the Power of the Sword and other Royal Prerogatives and in effect all that made him an Actual or more then a Titular King Mr. Daniel O Neal was this day again Examined concerning the Plot of bringing up the Army against the Parliament The consideration of the Tumults was this day also put off again Little was done this day in the House of Lords Monday Decemb. 6. more then reading of the Bill for Captives taken by Turkish Pyrats and the Bill for Raising Men for the defence of England and Ireland which received many alterations and amendments which were to be delivered to the Commons at a Conference In the Commons House Mr. Glyn Reported from the Committee the Reasons to be offered to the Lords for admitting this House to bring their proof against the 13 Bishops formerly Impeached That the Committee conceive this Course to be most fit to be held in the management of this Conference The Reasons of the Commons to come to a hearing against the Bishops notwithstanding their Demurrer to make a Narration of the Proceedings since the first Impeachment and of the Votes of both Houses concerning the Canons First That it is Voted by both Houses That the Canons c. made by the late Convocation do contain in them matters contrary to the King's Prerogative to the Fundamental Laws of the Land against the Liberty of the Subject the Property of their Estate and tending to Sedition and of dangerous Consequence That these Canons being thus Voted by both Houses of Parliament and to bring the Principal of the Persons in the making of those Canons to Judgment according to their demerit The House of Commons did the 4th of August last by word of Mouth Impeach at the Bar of the House of Lords these 13 Bishops by name and then desired That they might be put to Answer in the presence of the Commons That because some Objections were made That that Impeachment was too general the House of Commons did the 13th of the same Month Impeach the said Bishops at the Bar of the Lords House and this Impeachment to be read at the Conference which did declare That All and every the said Canons c. were and are contrary to the King's Prerogative and the Fundamental Laws of the Land c. And were so contrived made and promulged by them c. And that therefore they might be put to Answer in the presence of the Commons That in both these Charges the Commons did desire that the 13 Bishops might be put to Answer in the presence of the Commons That afterwards the Bishops had several days given them to Answer and at last the 10th of November last was appointed peremptorily unto them to Answer That when the 10th of November came these Bishops put in a Writing which they call A Plea and Demurrer which Writing the Lords sent down to the House of Commons upon notice of which Writing which they term A Plea and Demurrer wherein they neither confess nor deny the Fact this House did desire the Lords to appoint a Day when they might come and make good their Charge against them That the Lords sent a Message to this House that they had Ordered to Morrow to hear the Council of the Bishops upon their Plea and Demurrer and that such Members of this House as the House shall think fitting may be there present This for the matter of the Narration That upon this the Committee have drawn these Conclusions That it appeareth by the Message from the Lords they were Impeached 4to Augusti and that divers days were given them to Answer and peremptorily the 10th of November 1641. That they made no Answer but put in a Plea and Demurrer as they call it And that therefore their Demurrer ought not to be admitted because their Defence ought not to be made to the Impeachment of the House of Commons but in their presence and that the Commons ought to be thereunto called And that in all Courts of Justice it is so that the Party concerned ought to be called to all Answers Pleas and Demurrers for otherwise mistakes might arise which by being present might be rectified as in this Case for if the Commons had been present when the Bishops made their Answer there would not have been that mistake for that upon search it appears in the Lords Book that the second Impeachment whereby all Arguments of incertainty were taken away and which supplied any defects in the first as in this particular All and Every the said Canons were so Expressed in the second Charge and yet not so entred in the Lords Book of Journals which would have been rectified if the Commons had been present at their Answer So in regard of this inconveniency the Commons ought to have been admitted to be there present Next that the Charge consisting of meer matter of Fact not done above a year before they ought to be called to Answer to the matter of Fact and
1. That for the sad business of Ireland His Majesty cannot possibly express a greater sence then He hath done there being nothing left on His Majesties part unoffered or undone And He hoped by the speedy advice and assistance of His Parliament that great and necessary Work would be put in a just forwardness to which his Majesty will contribute all his power And how zealous He is and hath bin therein will appear in a Declaration speedily to be set forth by his Majesty 2. For the Tower His Majesty wonders that having removed a Servant of good Trust and Reputation from that Charge onely to satisfie the fears of the City and put in another of unquestionable Reputation and known ability the Petitioners should still entertain those fears and what-ever preparation of Strength is there made is with as great an Eye of Safety and advantage to the City as to his Majesties own Person and shall be equally employed to both 3. For the fortifying of White-hall with Men and Munition in an unusual way His Majesty doubts not but the Petitioners have observed the strange provocation he hath received to entertain that Guard That by the disorderly and tumultuous conflux of people at Westminster and White-hall his Majesties great Councel was not onely disquieted but his own Royal Person in danger most seditious language being uttered even under his own windows whilest the examination and punishing such Tumults by the course of Law were interrupted and stopped And if any Citizens were wounded or ill intreated his Majesty is confidently assured that it hapned by their own evil and corrupt demeanours 4. His Majesty knows no other endeavours to the Innes of Court then a gracious intimation That He received the tender of their loyal and dutiful Affections with very good Approbation and Acceptance and an incouragement given them to continue the same upon all occasions Neither doth his Majesty know what discovery hath bin lately made of Fire-works in the hands of any Papist 5. For his going to the House of Commons when his Attendants were no otherwise armed then as Centleman with Swords his Majesty is verily perswaded That if the Petitioners knew the cleer grounds upon which those persons stand accused of high Treason and what will be proved against them which in due time they shall be acquainted with and considered the gentle way his Majesty took for their apprehension which he preferred before any course of violence though that way had bin very justifiable for his Majesty is very well assured that it is notoriously known that no priviledge of Parliament can extend to Treason Felony or breach of the Peace the Petitioners would believe his Majesties going thither was an Act of grace and favour to that House and the most peaceable way of having that necessary service for the apprehension of those persons performed specially if such Orders have bin made which his Majesty is not willing to believe for the resistance of all lawful Authority as are discoursed of 6. And for the proceedings against those Persons mentioned in the Petition his Majesty ever intended the same should be with all justice and favour according to the Laws and Statutes of the Realm to the which all innocent men would cheerfully submit And this extraordinary way of satisfying a Petition of so unusual a nature his Majesty is confidently perswaded will be thought the greatest instance can be given of his Majesties clear intention to his Subjects and of the singular estimation he hath of the good affections of the City which he believes in gratitude will never be wanting to his just Commands and Service The People were kept perpetually allarm'd An Information of a Plot against some Lords with one little Plot or another either against the Parliament in General or some particular Persons the Favorites of the Faction so it is no Miracle that they were in such heats but rather that they did not fall into perfect Frenzy and Madness for want of Sleep to cool their Brains every day produced a new Discovery to keep them waking And this Day one Francis Moor an Italian gave in an Information to the House of Lords That yesterday he coming towards White-Hall he stood talking with an Irish Man who lives with the Lord Viscount Loftus in the Street and overheard one Brian Kelly an Irish Man Servant to the Earl of Arundel speak in Italian to one Signior Francisco an Italian and say That there was a Plot laid to kill some Lords of the Parliament and in particular named the Earl of Northumberland the Earl of Essex the Earl of Holland the Earl of Pembroke and the Earl of Leicester Hereupon It is Ordered That the said Brian Kelly and Signior Francisco shall be forthwith apprehended and attached by the Gentleman Vsher attending this House and brought as Delinquents to the Bar which was done accordingly and Brian Kelly being brought to the Bar and charged with the Words he denied that he ever spake any such Words Thereupon Moore was called in to confront him and upon Oath averred what he had formerly informed Whereupon Kelly was by Order of the Lords committed to Newgate that Mr. Justice Reeves and Justice Foster do presently examine the said Kelly and Signior Francisco and all others whom they think fit to give further Informations in this Business and report the said Examinations to the House Mr. Justice Reeves informed the House That the Irish Man's Name that was with Moore when he heard Kelly speak the Words is Philip Dnell Servant to the Lord Sheffield Hereupon the said Duell was sent for to attend the House presently and to be Examined The Lord Chief Justice of the King's Bench was also Ordered forthwith to examine Tho. Acroie and Signior Francisco and such others as he shall think fit to examine touching the Report of the Plot that certain Lords of this House should be killed and to report the same to the House The Attorney General ordered to justify his proceedings against Kymbolton and 5 Members It was then moved That Mr. Attorney General might be commanded to speak what he can to justify the manner of Proceedings against the Lord Kymbolton and the five Members of the House of Commons Then Mr. Attorney made a Narrative of what he did that Day by the King's Directions and when he came to justify himself as to the legality of the proceeding and that it was agreeable to the Course of Parliament he desired some time to prepare himself with some particular Proceedings which would be too long to read now and the House gave him time till to morrow Morning The Commons were restless to have the Loyal Lieutenant Sir John Byron out of the Tower Message from the Commons about the Tower and therefore a Message was sent by them to let their Lordships know That they are informed that there are extraordinary quantities of Ammunition carried out of the Tower and extraordinary Stores of Provisions carried in and therefore
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
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
Election of a Burgess there 870. Earl of Arundel constituted Lord High Steward of England for Trial of the Earl of Strafford 29. Captain Ashburnham Committed on suspicion of Treason 288. Bailed 377. Gets a Vote for his Pay 477. Voted guilty of Misprision of Treason and expell'd the House of Commons 725. Mr. Ashton Vicar of Panswick Voted a scandalous Minister 238. Assembly of Irish at Swoords Order to Dissolve it 908. Attainder of the Earl of Strafford 103. The Bill read thrice in one day and passed the Commons 157. Mr. St. John 's Argument for it 162. Passes the Lords 192. And the King by Commission 195. Repealed since the King's Restauration 203. Attorney General Ordered to justifie his Charge against Lord Kimbolton and the five Members 843. Which he does 850. House of Commons desire to Examine him 850. Vote of Both Houses against him for Breach of Priviledge 870. Examination of him 873. Votes of the House of Commons against him 874. Ax expresly forbidden to be born before the Earl of Strafford at his coming to Tryal 29. B. BAgshaw of Windsor his Information to the House of Commons 859. A Conference about it 862. Sir William Balfour Lieutenant of the Tower brings the Earl of Strafford to the Bar 37. A false Loon 190. His removal angers the Factious 773. Ballad against the Bishops and Common-Prayer 807. Barnwell a Witness against the Earl of Strafford 36 83. Sir Thomas Barrington a Witness in the Case of the Earl of Strafford 83. Bishop of Bath and Wells inform'd against Dr. Beal referred to the Committee for Scandalous Ministers 773. Beal a Taylor finds out a Plot 647. An Ordinance about it 649. Conference upon it ibid. Sir Henry Bedingfeild Accused 661. Sent for 662. Examined 690. Acquitted 691. Mr. Benson a Member of the House of Commons Charged with selling Protections 595. Expelled the House and declared a Delinquent for so doing 596. Sir John Berkley sent for as a Delinquent 288. Sent to the Tower 490. Order'd to be Examined 492. Voted guilty of Misprision of Treason 725. Order'd to be Bail'd 755 780. Sir Robert Berkley Impeach'd by the House of Commons 332. Articles against him 337. Brought to the Bar of the House of Lords 497. His Petition to the House of Lords 498. Assigned Council 499. His Tryal put off 511. Earl of Berkshire a Witness against the Earl of Strafford 89. Edmund Bern a Witness against the Earl of Strafford 70. Berwick An Order for the Mayor to take care of it 753. Bill of Attainder See Attainder Bill for perpetuating the Parliament passes the Lords 192. And the King by Commission 195. Repeal'd since the Kings Restauration 203. For relief of the Army 238. For abbreviating of Michaelmas Term ibid. For restraining Ecclesiastical Persons from medling in secular Affairs 242. Thrown out of the House of Lords 271. Bill for Abolishing Episcopacy proposed 248. Debated in the House of Lords 255. Private Bills past by Commission 256. Bill for Root and Branch read twice 257. For Tonnage and Poundage ibid. 381. For disbanding the Armies ibid. For taking away the High Commission Court and Pluralities ibid. For taking away the Star-Chamber and regulating the Council-Board 258 271. For Regulating Clerks of the Market 259. For disarming Recusants 260. Against the new Canons ibid. Against Pluralities and Non-Residencies 293. Against Ship-Money 294. A Copy of the Root and Branch Bill 300. Bill against Scandaleus Ministers 309. For taking away the Court of Requests ibid. To prevent Suits for Knighthood ibid. Three Bills brought up to the House of Lords their Titles 393. Bill for the Marches of Wales 394. For Billet-money ibid. For the Northern Counties 409. Seven Bills brought up to the House of Lords their Titles ibid. Bill for securing Religion rejected 411. For imposing the Protestation rejected 414. Eleven Bills passed the King their Titles 431. Six more pass'd by the King and their Titles 438. Bill for a Lord General and Lord High Admiral rejected 719. For Relief of Captives at Argiers 731. Three Bills past the House of Commons their Titles 777. Billet-money undertaken for the Scots by the House of Commons 444. A Bill for Billet-money 394. Captain Billingsley Accused for a Conspiracy to seduce the Army 232. A Proclamation to stop him 233. Bishops their advise against passing the Bill against the Earl of Strafford 192. A Salvo for them 231. Thirteen of them impeached about the New Canons and Oath 418 443. An Order concerning their Answer 449 484. Order that they have Council 495. A Debate in the House of Commons what they are guilty of 497. Debate whether other Bishops shall Vote in their Case 500. Abstract of the grand question upon it 503. Their Council refuse to undertake their Cause 613. A time appointed for their Answer 614. Which they put in by Plea and Demurrer 641. That Voted dilatory and insufficient 645. Conference about them 691 717. Ordered to be heard 711. A second Charge against them by the House of Commons 717. Order to Answer it 718. They adhere to their Demurrer 731. Twelve Bishops their Petition and Protestation 794. Votes of the House of Commons against them 796. Impeached ibid. Taken into Custody ibid. Brought to the Lords Bar 797. Their several Answers ibid. Two of them Committed to the Black Rod the rest to the Tower 799. Desire Council which is granted 812. Order to put in their Answer 836. They Answer 882. They Petition to be speedily Tryed or Bailed 883. Remanded to Prison ibid. Mr. Blaney summon'd for Preaching against the Protestation 288. Sir Richard Bolton Lord Chancellor of Ireland impeached 566. Articles against him 570. Books seized by Order of the High Commission how disposed of 690. Mr. Booth Minister of St. Botolph Aldersgate Petition'd against by the Factious 492. Sir John Borlase made one of the Lords Justices of Ireland 564. Dr. Borlase his History of the Irish Rebellion censured 531. Lieutenant Bowles Voted a Delinquent for raising voluntiers for Ireland 874. Lord Chief Justice Bramstone impeached by the House of Commons 363. Mr. Orlando Bridgman receives a Letter about a Plot 836. Earl of Bristol a Witness in the Case of the Earl of Strafford 83. His Report about disbanding the Irish Army 233. Vote of the House of Commons that he be removed from the King and his Council 793. Lord Bruce introduced into the House of Lords 421. Buckinghamshire Petition to the House of Lords about Malignants c. 834. To the House of Commons about the same 839. To the King concerning Hampden 840. Mr. Burgess Ordered to Preach before the House of Commons 467 513. Sir John Burroughs a Witness in the Case of the Earl of Strafford 93. Busby 's Case an Order in it by the House of Lords 716. Sir John Biron a Message of the House of Commons for removing him from being Lieutenant of the Tower 835. Ordered to appear before them 844. Refuses 845. Votes of the House of Commons about him 846. Brought to the Bar
Ireland to the Lord Lieutenant 900 901 902. F. RObert Farnham 's Deposition in behalf of the Lord and Lady Muskerry 635. Sir Robert Farrer a Witness for the Earl of Strafford 60. Fast mov'd for by the House of Commons for the Irish Rebellion 737. agreed 754. for a monthly one 777. Faunt 's Case 324. Mr. Finch Vicar of Christ-Church London Votes against him 233. Fitz-Garret a Witness against the Earl of Strafford 57 68 74. Florence the Resident from thence his Complaint 596. a Committee upon it 645. Forrests ascertain'd in their Bounds by Act of Parliament 431. many Frays happen about it 499. 625. Sir Edward Fowles a Witness against the Earl of Strafford 11. Blunders in his Evidence 55. Mr. Franklin a mistake in his Annals rectified 247. Sir Ralph Freeman a Witness against the Earl of Strafford 91. French the House of Commons in great fear of them 233. 242. French Embassador desires the English Disbanded Army for his Masters Service 395 436. Tumults about his House 468. intercedes for the Rioters 476. Dr. Fuller Dean of Ely Petitioned against by the Sectaries 492. sent for as a Delinquent for his Sermons 609. Bayled 626. G. SIr Henry Garaway a Witness against the Earl of Strafford Gatton in Surry a dispute about Election of Members there 599. Lord General scruples letting the Scots march through Berwick 452. S. German a Frenchman committed to the Gate-House 651. released 711. Mr. Glyn appointed a Manager of Evidence against the Earl of Strafford 28. passionate at some expressions of the Earl of Strafford 39. his Speech upon summing up the Evidence 124. one of the Committees to expedite the Charge against the Arch-Bishop Laud 265. his Speech about breach of Priviledge 827. Henry Gogan a Witness against the Earl of Strafford 90. Evers Gore a Witness against the Earl of Strafford 53. Lord Gorge Governor of Hurst Castle Summoned to appear 596. Collonel Goring accused for a Conspiracy to seduce the Army 232. discovers a Vote in his Favour 272. Lord Gorminston a Witness against the Earl of Strafford 56. contradicts himself 57. his Commission for suppressing the Irish Rebellion 630. is said to have given Intelligence to the Rebells 905. combines with them 907. they make him General of the Forces of the Pale 917. Patrick Gough a Witness against the Earl of Strafford 70. John Gower a Witness against the Earl of Strafford 53. Grand Question concerning Bishops Votes in Capital cases an abstract of it 503. Lord Grandison see Newark Richard Grave his Examination about the Irish Rebellion 522. Dr. Gray sent for as a Delinquent 772. St. Gregories Parishioners Complaint against Inigo Jones 728. Sir Henry Grisfin a Witness in the Case of the Earl of Strafford 93 94. Serjeant Grimstone one of the Committee to prepare the Charge against the Earl of Strafford 7. appointed to be presented at the Examination of Evidence against him 11. his Speech concerning Breach of Priviledge 825. Guard Ordered about the Parliament House 487. a Conference about it 595. Establisht by the House of Commons 623. Dissolv'd by the King 684. Message c. about it 684 685. Reasons of the House of Commons for their Continuance 687. refused by them when ordered by the King 688. Guard not of their own appointment displeases them 726. examin'd and discharg'd 727. Votes of the House of Commons about Guards 729 732. their Message about it 789. rejected by the House of Lords 793. a Committee ordered to wait upon his Majesty concerning it 801. the King orders one under the Earl of Lindsey 833. the House of Commons Order another under Major Skippon 833. both Houses appoint a Guard upon the Tower 844. an Order drawn up by the House of Commons for Guards and necessary defence 878. Gun-Powder an Act for importing and free making it 416 438. Gunners of the Tower examined by the House of Commons 856. Sir Richard Gurney Lord Mayor of London Knighted 676. H. DR Hacket 's defence of Deans and Chapters in the House of Commons 240. Hampden one of the Committee to prepare the Charge against the Earl of Strafford 7. appointed a Manager of Evidence against him 28. one of the Committee to expedite the Charge against Arch-Bishop Laud 265. Impeached of High Treason 811. his Speech in vindication of himself 817. a Petition from Bucks to the King about him 840. Marquess Hamilton a Witness in the case of the Earl of Strafford 86. made a Duke 683. his complement to the House of Commons concerning the Arms at Fox-Hall 870. James Hanham his House search'd for Arms 848. Sir Simon Harcourt arrives at Dublin with a Regiment 918. Robert Hawood ordered to the Pillory for Contempt 238. excused 245. Lady Hatton and Bishop of Ely their Case 270. Sir Arthur Hazlerig Impeach'd of High Treason 811. Bishop of Hereford excused part of his Poll-Money 709. Marquess of Hertford introduc'd into the House of Lords 265. ordered to take charge of the Prince in person his answer 595. a Message about it from the House of Commons 857. Hertfordshire Petition 753. Dr. Heywood Petition'd against by the Sectaries 492. Hibbols a Witness against the Earl of Strafford 62. Mr. Hide his Speech at the delivery of the Articles against the Lord Chief Baron c. 343. High Commission Court a Bill for taking it away 257. Collonel Hill Voted Delinquent for raising Volunteers for Ireland 874. Earl of Holland a Witness in the Case of the Earl of Strafford 84. Mr. Jervis Holls who had been expell'd the House for an honest Speech restor'd 710. Dr. Hollis and others Votes in their favour 331 373. his Speech in praise of Sir Randol Crew 365. concerning the Palatinate 378. in justification of the Votes for taking the Protestation 416. he is Impeached of High Treason 811. Honours a Conference about the Kings bestowing them 325. Horses inquiry after Transporters of them 655. Sir John Hotham a Witness in the Case of the Earl of Strafford 92. appointed Governor of Hull by the House of Commons 833. Hoy a Witness against the Earl of Strafford 62. Hull Order for the Mayor to take care of it 753. Order that Sir John Hotham be Governor of it 833. Huntingdonshire Petition for Episcopacy 720. Hurst Castle going to Decay Examined 596. Mr. Hutton Curate of St. Giles Cripple-Gate Petition'd against 492. ordered to be taken into custody 497. Hypocrisie of the Anti-Episcopal Grandees 261. I. KIng James his Collection out of Bellarmin 226. Mr. Henry Jermyn accused for a Conspiracy to seduce the Army 232. a Proclamation to stop him 233. Voted chargeable with High Treason 443. Voted to be Impeach'd 754. Impeachment of the Earl of Strafford 7. of Sir George Radclif 8. of Sir Robert Berkley 332. of the Barons of the Exchequer 343 352 356. of Mr. Justice Carwley 357. of the Lord Chief Justice Bramstone 363. of the Bishops for the New Canons and Oath 418 443. second Impeachment of the same 717. Incendiaries a Commission for their Prosecution 444. who were
Chapters 298. about the Palatinate 379. against parting with the Disbanded Soldiers 465. two Speeches of the Lord Newark concerning Bishops 251. of the Lord Say against Bishops Votes 266. of Sir Henry Vane against Episcopaâ—â— Government 276. of William Thomas against Deans and Chapters 282. of Mr. Pury against the same 289. of the Speaker of the House of Commons to the King at passing the Bill for Tonnage and Poundage 307 706. and of the Bill for Poll-money 326. of Sir Simon D'ewes about the Poll-Bill 322. of Sir William Parkins against Bishop Wren 330. of Sir William Pierrepoint at the Impeachment of Sir Robert Berkley 332. of Mr. Hide at delivering the Articles against the Lord Chief Baron c. 343. of Mr. Waller at the Impeachment of Mr. Justice Crawley 349. of Mr. Hollis in behalf of Sir Randal Crew 365. about the Palatinate 378. in justification of the Votes for taking the Protestation 416. of Sir Simon D'ewes about the Palatinate 368. of Sir Thomas Widdrington at delivering the Articles against the Bishop of Ely 395. of Pym at a Conference about Excluding the Bishops Votes in the case of the thirteen impeached 500. of Mr. St. John about the same 501. of Audley Mervin at exhibiting Articles of Treason against Sir Richard Bolton 556. of Pym against Evil Councellors 619. of the Recorder of London to the King upon his return from Scotland 675. of the Lord Kimbolton at his Impeachment 815. of Hamden at his 817. of Mr. Grimstone concerning breach of Priviledge 825. of Glyn about the same 827. of the Earl of Monmouth about fears 849. of Sir Philip Stapleton concerning the Lord Digby and Collonel Lunsford 870. of Mr. White against the Bishops 885. formal Speeches declared unparliamentary by the House of Lords 265. Stanneries for Court Sir Philip Stapleton a Witness in the case of the Earl of Strafford 92. Statute of 〈…〉 cited 97. Star-Chamber a Bill for taking it away 258 324. past 271 327. a Message about the Officers of it 368. a Report about them 389. Earl of Strafford a short account of his rise 2 3 4. inveigh'd against in Parliament by Sir John Clotworthy 5. advised to withdraw 6. Impeach'd by the Commons 7. taken into Custody 8. sent to the Tower 10. his Answer to the Impeachment 20 to 27 brought to his Tryal 29. his several Defences see Defence taken with a fit of the Stone 100. Bill of Attainder against him 103. past by the King 195. he Petitions for his Children 196. his carriage at his Death 198. his Speech upon the Scaffold 199. Epitaphs upon him 204 205. his Wife and Children interceeded for by the House of Lords 237. his Death of what miserable consequence to Ireland 537. Lord Strange his Letter of dangers in Lancashire 650. Strangers by Proclamation commanded to depart Dublin and the Suburbs 637. Sir John Strangeways his motion against Tumults slighted 259. Sir Robert Strickland a Witness in the case of the Earl of Strafford 93. Strode one of the Committee to prepare a Charge against the Earl of Strafford 7. impeach'd of High-Treason 811. Subsidies six the Bill for them past 243 Subsidies granted by the Clergy 391. Summary of Evidence against the Earl of Strafford 104. Superinduction to a Rectory a Case upon it 511. T. COllonel Taaf committed by the House of Commons 785. Mr. Taylor an honest Burgess of Windsor expell'd the House and committed to the Tower 257. discharged 286. Sir John Temple his Letter from Ireland 371. Term abbreviated 238. Thanks ordered to the Queen by the House of Commons 405. to the Earl of Bristol by the House of Lords 430. to the Lord General by the same 496. to Calamy and Marshal by the House of Commons 775. by the same to the Train'd Bands Sheriffs and Major Skippon 838. to the Inhabitants of Bucks 884. to the Scots Commissioners 887. William Thomas his long Speech against the Bishops 211 to 226. another Speech against Deans and Chapters 282. Thorp a Witness against the Earl of Strafford 53. Tobacco two Proclamations of the Earl of Strafford about the Sale of it 66. Toleration of the Popish Religion in Ireland Votes and Debates about it 737 754. Tonnage and Poundage a Bill for it 257. 294 308 381 383 447 687 708. Fower of London a Conference about the Lieutenant there 773 778 Order of the House of Commons about it 775. their Declaration upon it 778. The Constable desired by the House of Commons to reside there 780. a Message to the House of Lords about it 835 844. Trained Bands raised to guard the Parliament 492. those of Westminster their Petition to the House of Commons 839. Earl of Traquair a Witness in the case of the Earl of Strafford 82. Treaty between the Lords c. of the Pale and the Ulster Rebels 907. with the Irish Rebels proposed 917. Tredagh opportunely garrison'd 636. Relief for it unfortunately defeated 905. Mr. Baron Trevor impeach'd by the House of Commons 343. Articles against him 352. Mr. Trevor ordered to be of Council for the Bishops 648. Tryal of the Earl of Strafford the manner agreed by both Houses 36. Tumult about the Spanish Ambassadors House 187. another on a ridiculous occasion 192. a Conference about them 245. Order of the Lords about them 246. Tumults about the Queen Mother 247. disturb people at the Communion 271. Order about them 275 291 393 395. Tumults about the French Ambassador 468. Order about them 476 603 692 856. Judges report the Statutes in force against them 709. But they are favour'd by the House of Commons 709. disavow'd by the Common-Council of London 712. 803. more Tumults 781 788 789 792. a Committee of the Lords to consider upon them 781. still favour'd by the Factious Commons 784 790 792 838. a Proclamation against them 786. Message from the House of Commons about them 789. Tumultuary Petitioning encouraged by the House of Commons 735. Sir Arthur Tyrringham a Witness for the Earl of Strafford repels the Irish Rebels at Lisnegarves 906. V. SIr Henry Vane Enemy to the Earl of Strafford and why 3. a Witness against him 82 83 84. his Speech against Episcopal Government 276. his Letter to the Lords Justices of Ireland 565. Sir Henry Vane junior produces a Paper pernicious to the Earl of Strafford 103. an Account of it 208. Captain Ven a godly Complainant 496. Venetian Ambassador a Priest of his Retinue imprison'd 394. he complains of the breaking open his Pacquet 640. Answer of the House of Lords 1641. his reception of it 643. a Message from him 655. Vintners Case against Alderman Abel and Kilvert 256. Voluntiers come in for Ireland 772. Message from the King about them 787 789 793. Votes of both Houses concerning the Irish Affairs 600 642 643 729 755 762 772 778 791. concerning Breach of Priviledge 741. Votes of the House of Lords upon debating the Bill concerning the Bishops 255. against the New Canons c. 285. concerning the Council at York 388. about
time had a Petition depending in the House of Lords delivered Jan. 12 craving to be discharged of the Fine of Three thousand pounds imposed upon him by Decree of the Star-Chamber for Scandalous words against the Earl of Strafford Upon the 30th of Jan. a Day so Fatal to King Charles the First Saturday Jan. 30. the further Impeachment of the Earl of Strafford consisting in 28 Articles was by Mr. Pym carried up to the Lords which were as follow Articles of the Commons Assembled in Parliament The further Impeachment of the Earl of Strafford Jan. 30. against Thomas Earl of Strafford in maintenance of their Accusation whereby he stands Charged with High Treason WHereas the said Commons have already Exhibited Articles against the said Earl in haec verba c. Now the said Commons do further Impeach the said Earl as followeth That is to say I. That the said Earl of Strafford the 21 day of March in the Eighth Year of his Majesties Reign was President of the Kings Council in the Northern Parts of England That the said Earl being President of the said Council on the 21 of March a Commission under the Great Seal of England with certain Schedules of Instructions thereunto annexed was directed to the said Earl or others of the Commissioners therein named whereby among other things Power and Authority is limited to the said Earl and others the Commissioners therein named to hear and determine all Offences and Misdemeanors Suits Debates Controversies and Demands Causes Things and Matters whatsoever therein contained and within certain Precincts in the said Northern Parts therein specified and in such manner as by the said Schedule is limited and appointed That among other things in the said Instructions it is directed That the said President and others therein appointed shall hear and determine according to the Course of Proceedings in the Court of Star-Chamber divers Offences Deceits and Falsities therein mentioned Whether the same be provided for by Acts of Parliament or not so that the Fines imposed be not less than by the Act or Acts of Parliament provided against those offences is appointed That also amongst other things in the said Instructions it is directed that the said President and others therein appointed have power to examine hear and determine according to the course of proceedings in the Court of Chancery all manner of Complaints for any matter within the said Precincts as well concerning Lands Tenements and Hereditaments either Free-hold Customary or Copy-hold as Leases and other things therein mentioned and to stay proceedings in the Court of Common Law by Injunction or otherwise by all wayes and means as is used in the Court of Chancery And although the former Presidents of the said Councel had never put in practice such Instructions nor had they any such Instructions yet the said Earl in the Moneth of May in the said 8th Year and divers Years following did put in practice exercise and use and caused to be used and put in practice the said Commission and Instructions and did direct and exercise an exorbitant and unlawful power and jurisdiction on the persons and estates of his Majesties Subjects in those parts and did Disin-herit divers of his Majesties Subjects in those parts of their Inheritances sequestred their Possessions and did fine ransome punish and imprison them and caused them to be fined ransomed punished and imprisoned to their ruine and destruction and namely Sir Coniers Darcy Sir John Bourcher and divers others against the Laws and in subversion of the same And the said Commission and Instructions were procured and issued by the advice of the said Earl And he the said Earl to the intent that such illegal and unjust power might be exercised with the greater licence and will did advise Counsel procure further directions in and by the said instructions to be given that no prohibition be granted at all but in cases where the said Councel shall exceed the limits of the said instructions And that if any Writ of Habeas Corpus be granted the party be not discharged till the party perform the Decree and Order of the said Councel And the said Earl in the 13. year of his now Majesties Reign did procure a new Commission to himself and others therein appointed with the said Instructions and other unlawful additions That the said Commission and Instructions were procured by the solicitation and advice of the said Earl of Strafford 2. That shortly after the obtaining of the said Commission dated the 21 of March in the 8 year of his now Majesties Reign to wit the last day of August then next following he the said Earl to bring his Majesties liege People into a dislike of his Majesty and of his Government and to terrifie the Justices of the Peace from executing of the Laws He the said Earl being then President as aforesaid and a Justice of Peace did publickly at the Assizes held for the County of York in the City of York in and upon the said last day of August declare and publish before the People there attending for the administration of Justice according to the Law and in the presence of the Justices sitting That some of the Justices were all for Law but they should find that the Kings little finger should be heavier then the loyns of the Law 3. That the Realm of Ireland having been time out of mind annexed to the Imperial Crown of England and governed by the same Laws The said Earl being Lord Deputy of that Realm to bring his Majesties liege People of that Kingdom likewise into dislike of his Majesties Government and intending the Subversion of the Fundamental Laws and settled government of that Realm and the destruction of his Majesties liege People there did upon the 30. day of September in the ninth year of his now Majesties Reign in the City of Dublin the chief City of that Kingdom where his Majesties Privy Councel and Courts of Justice do ordinarily reside and whither the Nobility and Gentry of that Realm do usually resort for Justice in a publick Speech before divers of the Nobility and Gentry and before the Mayor Aldermen and Recorder and many Citizens of Dublin and other his Majesties Liege People declare and publish that Ireland was a conquered Nation and that the King might do with them what he pleased and speaking of the Charters of the former Kings of England made to that City he further said that their Charters were nothing worth and did bind the King no further then he pleased 4. That Richard Earl of Cork having sued out process in course of Law for recovery of his Possessions from which he was put by colour of an order made by the said Earl of Strafford and the Councel Table of the said Realm of Ireland The said Earl of Strafford upon a paper Petition without legal proceeding did the 20. day of February in the 11. year of his now Majesties Reign threaten the said Earl of Cork being
refer still to offences made Treason by Act of Parliament they restrain not to the Treasons only particularly mentioned in the Statute in the 25th Edw. 3. but leave that Statute entire to the Common-Law-Treason as appears by the words immediately foregoing By the Second Part for the pains and forfeitures of Treasons if it intend only the punishment of Treason or if it intend both Treason and Punishment yet all is referred to the Provision and Ordinance of 25 Edw. 3. any Act of Parliament or other Declaration or thing notwithstanding It saith not other then such Penalties of Treasons as are expressed and declared in the Statute of 25 Edw. 3. that might perhaps have restrained it to those that are particularly mentioned no it refers all Treasons to the general Ordination and Provision of that Statute wherein the Comon-Law-Treasons are expresly kept on Foot If it be Asked What good this Statute doth if it take not away the Common-Law Treasons 1. It takes away all the Treasons made by Act of Parliament not only since the first of Hen. 4. which were many but all before 1 Hen. 4. even until the 25 E. 3. by express words 2. By express words it takes away all declared Treasons if any such had been in Parliament Those for the future are likewise taken away so that whereas it might have been doubted whether the Statute of the 1 H. 4. took away any Treasons but those of the 22d and 23d years of R. 2. This clears it both for Treasons made by Parliament or declared in Parliament even to the time of making the Statute This is of great use of great security to the Subject so that as to what shall be Treason and what not the Statute of 25 E. 3. remains entire and so by consequence the Treasons at the Common-Law Only my lords it may be doubted whether the manner of the Parliamentary proceedings be not altered by the Statute of 1 H. 4. Chap. 17. and more fully in the Parliament Roll Number 144 that is whether since that Statute the Parliamentary Power of Declaration of Treasons whereby the inferior Courts Receive Jurisdiction be not taken away and restrained only to Bill that so it might operate no further then to that particular contained in the Bill that so the Parliamentary Declarations for after-times should be kept within the Parliament it self and be extended no further Since 1 H. 4. we have not found any such Declarations made but all Attainders of Treason have been by Bill If this be so yet the Common-Law Treasons still remaining there is one and the same ground of reason and equity since the 1 H. 4. for passing a Bill of Treason as was before for declaring of it without Bill Herein the Legislative power is not used against my Lord of Strafford in the Bill it s only the Jurisdiction of the Parliament But my Lords because that either through my mistaking of the true grounds and reasons of the Commons or my not pressing them with apt agreements and presidents of former times or that perchance your Lordships from some other Reasons and Authorities more swaying with your Lordships Judgments then these from them may possibly be of a contrary or dubious opinion concerning these Treasons either upon the Statutes of 25 E. 3. 18 H. 6. or at the Common-Law My Lords If all these five should fail they have therefore given me further in Command to declare to your Lordships some of their Reasons why they conceive that in this Case the meer Legislative Power may be exercised Their Reasons are taken from these three grounds 1. From the nature and quality of the Offence 2. From the Frame and Constitution of the Parliament wherein this Law is made 3. From Practices and Usages of former times The horridness of the Offence in endeavouring the overthrowing the Laws and present Government hath been fully opened to your Lordships heretofore The Parliament is the Representation of the whole Kingdom wherein the King as Head your Lordships as the most Noble and the Commons the other Members are knit together into one Body Politick This dissolves the Arteries and Ligaments that hold the Body together the Laws He that takes away the Laws takes not away the Allegiance of one Subject alone but of the whole Kingdom It was made Treason by the Statute of 13 Eliz. for Her time to affirm that the Laws of the Realm do not bind the Descent of the Crown no Law no Descent at all No Laws no Peerage no Ranks or Degrees of men the same condition to all It 's Treason to kill a Judge upon the Bench this kills not Judicem sed Judicium He that borrowed Apelles and gave Bond to return again Apelles the Painter sent him home after he had cut off his Right Hand his Bond was broken Apelles was sent but not the Painter There are Twelve Men but no Law there 's never a Judge amongst them It 's Felony to Imbezle any one of the Judicial Records of the Kingdom this at once Sweeps them all away and from all It 's Treason to Counterfeit a Twenty shillings piece here 's a Counterfeiting of the Law we can call neither the Counterfeit nor true Coin our own It 's Treason to Counterfeit the Great-Seal for an Acre of Land no property hereby is left to any Land at all nothing Treason now either against King or Kingdom no Law to punish it My Lords If the Question were Asked at Westminster-Hall Whether this were a Crime punishable in Star-Chamber or in the Kings-Bench by Fine or Imprisonment they would say it went higher If whether Felony they would say that 's for an Offence only against the Life or Goods of some one or few persons It would I believe be answered by the Judges as it was by the Chief Justice Thurning in 21 R. 2. that though he could not Judge the Case Treason there before him yet if he were a Peer in Parliament he would so Adjudge it My Lords if it be too big for those Courts we hope it 's in the right way here 2. The second Consideration is from the Frame and Constitution of the Parliament the Parliament is the great Body Politick it comprehends all from the King to the Beggar if so My Lords as the Natural so this Body it hath power over it self and every one of the Members for the preservation of the whole It 's both the Physitian and the Patient If the Body be distempered it hath power to open a Vein to let out the corrupt blood for curing it self if one Member be Poysoned or Gangred it hath power to cut it off for the preservation of the rest But my Lords it hath often been inculcated that Law-makers should imitate the Supreme Law-giver who commonly warnes before he strikes The Law was promulged before the Judgment of death for gathering the Sticks No Law no Transgression My Lords To this rule of Law is Frustra legis auxilium invocat qui in legem
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
profit of that Office which upon a just Calculation in so long a Revolution of time amounts to 26000 l. or thereabouts He kept his Innocency when others let theirs go when himself and the Common-wealth were alike deserted which raises his merit to a higher pitch For to be honest when every body else is honest when honesty is in fashion and is Trump as I may say is nothing so meritorious but to stand alone in the breach to own honesty when others dare not do it cannot be sufficiently applauded nor sufficiently rewarded And that did this good old man do in a time of general desertion he preserved himself pure and untainted Temporibusque malis ausus is esse bonus My Lords The House of Commons are therefore Suiters unto your Lordships to joyn with them in the representation of this good Man's Case unto his Majesty and humbly to beseech his Majesty to be so good and gracious unto him as to give him such honour the quality of this case considered as may be a noble mark of Sovereign grace and favour to remain to him and his posterity and may be in some measure a proportionable compensation for the great loss he hath with so much patience and resolution sustained There certainly cannot in the whole World be seen a more Illustrious Court than this High and Honourable Assembly of Peers in Parliament nor any thing of greater Benefit and Advantage to the Subjects of this Monarchy where matters of Right and Equity are Debated and Ordered with that great Wisdom and Justice that Tenderness and Caution that all persons may find Redress which as it has in all times been most visible so even in this Parliament it may be seen in a thousand Instances so long as it continued free and undivested of its Noble Members the Loyal Lords and the Bishops And because they into whose hands these Collections may come might see I endeavoured their Interest as well as to gratifie their Curiosity I have entred into these Papers many Orders of the Lords House in particular and extraordinary Matters that so the Readers and others might know where to seek and find Relief in many Cases wherein the ordinary Courts of Justice cannot avail them and I give this account that so they may not appear either forreign to my Design or superfluous in the Undertaking It was this day Ordered That the Earls of Dorset Warwick An Order of the Lords for Provision for Sisters by their Brother and Stamford are to be attended and humbly desired by virtue of this Order to mediate a peaceable and friendly Composition and Agreement between Mr. Stoddard and his Three Sisters touching their several Maintenance during their Lives But in case the said Mr. Stoddard shall refuse to perform such things as their Lordships shall think reasonable to be agreed unto then their Lordships are to make Report thereof unto this House which will proceed therein according to Justice and Equity Information being this day given to the Commons That the Allowances formerly paid to Mr. Jermyn Sir John Suckling and others were still continued in their Places and Salaries Mr. Treasurer was ordered to move his Majesty to stop any Allowances or Payments to Sir Francis Windebank Wednesday July 7. Message to desire the King to stop the Allowances of Sir Fr. Windebank c. A Message from his Majesty concerning the Officers of the Star-Chamber Mr. Montague Mr. Jermyn and Sir John Suckling while they stand in the Condition they are now in A Message was also brought from the King by Mr. Sollicitor concerning the Officers of the Star-Chamber and it was moved That a Committee might be appointed to take an account of them and their Places and what Reparation was fit to be made them But it was laid aside A like Message was sent to the Lords who appointed a Committee to consider of it The House then entred upon the Debate concerning the King 's Manifesto about the Affair of the Palatinate and being resolved into a Committee of the whole House and Mr. Whitlock being in the Chair Sir Symon D'Ewes spoke upon that Subject to this Effect Mr. Whitlock WE have during this Parliament Sir Simon D'Ewes his Speech concerning the Manifesto and the Affair of the Palatinate July 7. 1641. fallen upon the Debate of the greatest and most important Affairs concerning our Own Good and Welfare at Home that ever were agitated and discussed at one Meeting in the House of Commons And we are at this present by the Gracious Invitation of his Royal Majesty expressed in his most Just Manifesto read unto us resolved to take into Consideration the most Sublime and most Difficult Business of the Christian World abroad which hath for the space of above Twenty Years last past drawn all the Kingdoms and States of Europe into an immediate or mediate Ingagement In which there have been Twenty pitch't Battels fought a Million of Men Women and Children destroyed by the Sword by the Flames by Famine and by Pestilence and that sometimes Populous and Fertile Empire of Germany reduced to a most Extream and Calamitous Desolation I have in those few spare-Hours I could borrow yesterday from the publique Service of the House recollected some particulars which may conduce to the clearing of this great Cause being drawn out of the Autographs themselves or out of our Records at Home or out of the Writings of our very Adversaries and others abroad I shall therefore begin at the Original it self of the never-enough to be lamented loss of the Prince Palatine's Dominions and Electoral Dignity that so we may take along with us in our intended Disputes not only our Affections but our Consciences It is therefore very manifest to all that are but meanly verst in the Cabinet Affairs of Christendom That the Jesuits have Consulted for many years last past as well before as since the Furious Wars of Germany by what means to ruin the Evangelical Princes and Party there Their Chief Aim hath been so to divide the Protestant Princes amongst themselves as they might be made use of Each against other for the Ruine Each of other The first Occasion that offered it self within our Memories was the Pretences of several Competitors to the Dukedomes of Cleve and Juliers and they failed but a very Little to have executed their intended Design upon that Occasion But their hopes failing in it they apply themselves integrally to Ferdinand of Austria Duke of Gratz a Prince not long since so poor and of so mean a Consideration to add the weight of but one grain to the down-Ballancing of the Affairs of Christendome as his Name was scarce heard of They find him a fit subject for them to work upon having from his Cradle been bred up in an extreme hatred of the Protestant Party who professed the Truth They resound nothing into the Ears of the old Emperor Matthias but his Cousin Ferdinand's high merits so as he passing by his own Natural
Vote for them Secondly Temporal Barons have not always been tried by their Peers for 28. H. 6. William de la Poole Duke of Suffolk waved being tried by his Peers and submitted to the Kings mercy upon which the Lords Temporal and Spiritual entred a Protestation that this should not be or turn to the prejudice of them their Heirs nor Successors in time coming but that they might enjoy their freedom in case of their Peerages as largely as their Ancestors and Predecessors had done Thomas Lord Berkley being Arraigned for the Deâ—th of King E. Rot. Par. 4. E. 3. 2 before the Parliament put himself upon his Countrey and the Jury brought him in not Guilty Thus far the Learned Author from whom for the Readers ease and satisfaction in this important particular I have made these short Collections and refer the more Curious to the Book it self I should have given the Reader an account before of the great Complaints of the City against Protections Thursday October 28. but here I present him with the Report which Mr. Reynolds made in the House of Commons upon that Subject which was That the City of London did heretofore present a Petition in the Name of the whole City Report in the House of Commons concerning the Complaint of the City about Protections c. complaining of Protections and Priviledges claimed by Members of both Houses and by the Kings and Queens Servants and having no Redress by their Petition they called a Common Councel and upon a long Debate among themselves they did agree unanimously * This deserves to be taken Notice of for by this it is Easy to conjecture the Grievances of the Nation were aggravated far more then in truth they deserved That this Grievance was greater and more prejudicial to the City and the whole Kingdom than that of Salt Soap Leather and Ship-Money Thereupon they did agree to Address themselves by way of a second Petition to this House and that Petition was referred to a Committee to Regulate Protections this was done 6 July last and during the Sitting of that Committee they attended there two or three times and presented a Book in Folio of the Members of this House that have granted Protections as also the Names of those of the Kings Queens and Princes Servants that were Protected Upon all which they grounded their Complaint which Complaint was there presented in Writing And it was the Opinion of the Committee That it should be read in the House at this time of the Report being Reasons tendred by the Committee appointed by the Common-Councel of the City of London against Protections Priviledges and priviledged Places c. Upon the Reasons mentioned in the Paper and upon other Considerations and after a long Debate and being a tender point to trench upon the Priviledges of Parliament they proceeded unto these two Votes which they commanded me to Report 1. That all the Members of this House should be pleased during the pleasure of this House to wave all Protections for their Menial Servants or others 2. That during the Pleasure of this House all the Lands Estates and Goods of every Member of this House should be Lyable to the Payment of just Debts But for all the Complaints of the City and the greatness of the Grievance which Exceeded all the Monopolies of Salt Soap Leather and Ship-Money put together this was a point so necessarily tender that they made very slow steps toward the Redressing of it or joyning with Mr. Reynolds and his Committee in their Votes And nothing further was at present done in it more than barely to give the Complaint a hearing Had the King Queen and Prince only been concerned in Protections it had immediately been Voted Illegal Unjust against the Liberty of the Subject c. but it too nearly concerned some of them to comply with the Votes of the Committee for if they had particularly I instance in the late infamous Usurper Oliver Cromwell instead of Sitting in the Commons House they were in danger to take up their Lodgings in a Common Prison For had hâ— and many others in the House made all their Lands Estates and Goods lyable to the payment of their just debts they would have been quickly found Bankrupts in Estate then as much as they were afterwards in Honesty and Reputation and unless the Charity of the Faction who obtruded them upon the People for Representatives had maintained them out of the Common Stock they must have wanted Bread as well as they who set them up would have wanted Instruments to carry on their Blessed Work of Reformation which in reality was by many of these hungry and broken Fortunes only to Establish their own out of the Ruins of the Church And therefore to cut off all further Trouble on that side Order to Enter only upon Publick business by letting this Affair and Complaint of the City sleep sine die It was the 28 of October Ordered That in regard of the Weighty and Important Matters in agitation in the House this House will not enter upon any private Matters but into Publick Business only till further Order and this Order to be Printed and Published that so all persons may take Notice of it and regulate themselves accordingly And the truth is they were now deep upon Consultation of the Fatal Point which Ushered in the Rebellion and not only this but many others in former Ages Committee to prepare Heads for a Petition to the King against Evil Councellors c. for a Committee was appointed to prepare Heads out of the whole Debate that has been this day for a Petition to be preferred to his Majesty To prevent the Mischiefs that may happen to the Common-Wealth by the Choice and Imployment of Evil Councellors Ambassadors Judges Officers and other Ministers of State and they are to meet this Afternoon at 4. of the Clock in the Exchequer Chamber and have Power to send for Parties Witnesses Papers and Records and any thing else that may conduce to the Service This day the Certificate of the Two Chief Justices in the Case of Cook and Blackston Friday October 29. referred to them by Order of the House of Lords was Read viz. May it please your Lordships ACcording to your Lordships Order of the 9th of September last touching the business between John Cook Clerk Plaintiff A Case about Superinduction to a Rectory before the Lords and Benjamin Blackston Defendant We have heard the Parties and their Councel on both sides And we find that the said John Cook was Presented Instituted and Inducted into the Rectory of West Thorney in Sussex after the Death of Godfrey Blackston former Incumbent there who died in the Month of January 1637. And that Mr. Blackston procured a Super-institution to this Church and by colour thereof hath gotten the Possession from Mr. Cook We are of Opinion That the Super-institution of Mr. Blackston is void and that Mr. Cook ought
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
Estates which may come Judicially before them 15. To the Fifteenth they say That they conceive that where Priviledges are claimed by any Body Politic or other the King's Council may exhibit a Quo Warranto to cause the Parties claiming such Priviledges to set forth and shew by what Warrant they claim the same and that the Court cannot hinder the issuing of Process at the Instance of the King's Attorney to exhibit such Information But when the Case shall upon the Proceedings be brought to Judgment then and not before the Court is to take notice and give Judgment upon the Merit and Circumstances of the Cause as upon due consideration shall be conceived to be according to Law in which Case the Judges nor the King's Attorney as they conceive ought to be punished by any ordinary Rule of Law or Statute that they know But for this particular Question of Quo Warranto for that it hath been a great Question in this present Parliament and concerns the highest Court of Justice in this Kingdom and also concerns two other of His Majesties Courts of Justice and therein His Majesties Prerogative in those Courts they cannot safely deliver any Opinion therein before it comes Judicially before them and that they hear it argued and debated by Learned Councel on both sides 16. To the Sixteenth they say That although the Jurors be the sole Judges of the matter of Fact yet the Judges of the Court are Judges of the Validity of the Evidence and of the matters of Law arising out of the same wherein the Jury ought to be guided by them And if the Jury in any Criminal Cause between the King and Party give their Verdict contrary to clear and apparent Evidence delivered in Court they have been constantly and still ought to be Censured in the Star-Chamber in England and Castle-Chamber here for this misdemeanour in perverting the right Course of Justice in such Fines and other punishment as the Merits and Circumstances of the Cause doth deserve according to the Course of the said Courts For that their Consciences ought to be directed by the Evidence and not be misguided by their Wills and Affections and if the Jury know any matter of Fact which may either better or blemish their Evidence they may take advantage thereof but they ought to discover the same to the Judges And they say That this proceeding in the Court of Castle-Chamber is out of the same ground that Writs of Attaint are against a Jury that gives a false Verdict in a Court of Record at the Common Law betwixt Party and Party which false Verdict being found by a Jury of 24 notwithstanding that the first Jurors were Judges of the Fact yet that infamous Judgment was pronounced against the first Jury which is next or rather worse then Judgment of Death and lay a perpetual brand of Perjury upon them for which reason it was Antiently called the Villainous Judgment And they say That the Law to direct the punishment for such Offence is the course of the said Court which is a Law as to that purpose and the Statute of 3 H. 7. cap. 1 2. and other Statutes of Force in this Kingdom 17. To the Seventeenth they say They can answer no otherwise then they have in their Answer to the next precedent Question 18. To the Eighteenth they say That in a Legal Construction the Statute of Magna Charta in which the words of Salvo Contenemento are mentioned is only to be understood of Amerciaments and not of Fines Yet where great Fines are imposed in Terrorem upon the reducement of them regard is to be had to the Ability of the Persons 19. To the Nineteenth they say That if one doth steal a Sheep or commit other Felony and after flyeth the Course of Justice or lyeth in Woods or Mountains upon his Keeping Yet he doth not thereby become a Traytor neither doth a Proclamation make him so the Chief use whereof in such a case is to invite the Party so standing out to submit himself to Justice or to forewarn others of the danger they may run into by Keeping him Company or giving him Maintenance or Relief whereby he may the Rather submit to Justice 20. To the Twentieth they say That the Testimony or Evidence of Rebels or Traytors under Protection or Thieves or other Infamous persons is not to be used or pressed as Convincing Evidence upon the Tryal of any man for his Life And so is his Majesties printed Instructions as to persons Condemned or under Protection yet the Testimony of such persons not condemned may be given in Evidence at the Tryal and being fortified with other Concurring Proof or Apparent Circumstances may be pressed upon any Tryal and for discovering their Fellows or Abettors or Relievers as the Circumstances may offer themselves in their Examination especially if before they Confess themselves guilty of the Offence in Imitation of the Approver at the Common Law whereof no Certain Rule may be given And it needs not be made a Question here Whether the Jurors or Judges ought to be Judges of the matter of Fact It being positively laid down in the 16th Question that they are and tho their false Verdict doth convince or not convince the Prisoner yet they may be questioned and punish'd for a false Verdict as in their Answer to the 16th is already declared 21. To the Twenty first they say That that Question is now judicially depending and hath been already solemnly argued in his Majesties Court of Wards in which Court their Assistance for declaration of the Law therein is already required And therefore they humbly desire they may not be compelled to give any Opinion touching that Point until it be resolved there 22. To the Two and twentieth they say That they do conceive there is no matter of Law contained in the said Question yet for further satisfaction of your Lordships they say That upon View of an Act of State bearing date at his Majesties Castle of Dublin the 24th of December 1636. grounded upon his Majesties Letters of the 5th of July last past it appears unto them that Four shillings in the pound as of his Majesties free Gift and Reward out of the first payment of the Increase of Rent reserved to his Majesty was allow'd unto the Judges that were Commissioners and attended that Service And they humbly conceive That the receiving of that Four shillings in the pound of his Majesties Bounty stands well with the Integrity of a Judge And those Judges did inform them That they did not avoid any Letters Patents upon those Commissions of Defective Titles but receive such to Compound as submitted for the strengthening of their defective Patents and Titles And such as would stand upon the Validity of their Grants were left to the Tryal of Law And that the Compositions made after the said Grants of 4 s. in the pound were made according to Rules and Rates agreed upon by all the Commissioners before his
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
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