aforesaid did on the deliver his Opinion in the Exchequer Chamber against John Hampden Esquire in the Case of Ship-Money that he the said John Hampden upon the matter and substance of the Case was chargeable with the Money then in Question A Copy of which proceeding and judgment the Commons of this present Parliament have delivered to your Lordships 7. That he the said Sir Robert Berkley then being one of the Justices of the Court of Kings-Bench and one of the Justices of Assize for the County of York did at the Assizes held at York in Lent 1636. deliver his charge to the Grand-Jury that it was a lawful and inseparable Flower of the Crown for the King to command not only the Maritime Counties but also those that were In-land to find Ships for the defence of the Kingdom And then likewise falsely and maliciously affirmed that it was not his single judgment but the judgment of all his Brethren witnessed by their subscriptions And then also said that there was a rumour that some of his Brethren that had subscribed were of a contrary Judgment but it was a base and unworthy thing for any to give his Hand contrary to his Heart and then wished for his own part that his Hand might rot from his Arm that was guilty of any such Crime when as he knew that Master Justice Hutton and Master Justice Crook who had subscribed were of a contrary Opinion and was present when they were perswaded to subscribe and did subscribe for Conformity only because the major Number of the Judges had subscribed And he the said Sir Robert Berkley then also said that in some Cases the Judges were above an Act of Parliament which said false malicious Words were uttered as aforesaid with intent and purpose to countenance and maintain the said unjust Opinions and to terrifie His Majesties Subjects that should refuse to pay Ship-Money or seek any remedy by Law against the said unjust and illegal Taxation 8. That whereas Richard Chambers Merchant having commenced a Suite for Trespass and false imprisonment against Sir Edward Bromfield Knight for imprisoning him the said Chambers for refusing to pay Ship-Money in the time that the said Sir Edward Bromfield was Lord Mayor of the City of London in which Suite the said Sir Edward Bromfield did make a special Justification The said Sir Robert Berkley then being one of the Justices of the Court of Kings-Bench in Trinity Term last then sitting on the Bench in the said Court upon debate of the said Case between the said Chambers and Sir Edward Bromfield said openly in the Court that there was a Rule of Law and a Rule of Government And that many things which might not be done by the Rule of Law might be done by the Rule of Government And would not suffer the Point of Legality of Ship-Money to be argued by Chambers his Councel all which Opinions Declarations Words and Speeches contained in the Third Fourth Fifth Sixth Seventh and Eighth 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 Resolution in Parliament and Petition of Right were well known to him and Resolved and Enacted when he was the King's Serjeant at law and attendant in the Lords House of Parliament 9. That he the said Sir Robert Berkley then being one of the Judges of the Court of King's-Bench and being in Commission of the Peace and duly sworn to execute the Office of a Justice of Peace in the County of Hertford on or about the seventh of January 1638. at which time the General Sessions of the Peace for the said County were there holden The said Sir Robert Berkley then and there sitting on the Bench did revile and threaten the Grand-Jury returned to serve at the said Sessions for presenting the removal of the Communion Table in All-Saints Church in Hertford aforesaid out of the Place where it anciently and usually stood and setting it Alter-ways against the Laws of this Realm in that Case made and provided as an Innovation in Matters concerning the Church the said Grand-Jury having delivered to them in Charge at the said Sessions by Master Serjeant Atkins a Justice of the Peace of the said County of Hertford that by the Oath they had taken they were bound to present all Innovations concerning Church Matters And he the said Sir Robert Berkley compelled the Fore-Man of the Jury to tell him who gave him any such Information and thereby knowing it to be one Henry Brown one of the said Grand-Jury he asked the said Brown how he durst meddle with Church Matters who affirming that in the said Charge from Master Serjeant Atkins the said Jury was charged to do he the said Sir Robert Berkley told the said Brown he should therefore find Sureties for his good Behaviour and that he the said Sir Robert Berkley would set a great Fine on his Head to make him an Example to others and thereupon the said Brown offered sufficient Bail but he the said Sir Robert Berkley being incensed against him refused the said Bail and committed the said Brown to Prison where he lay in Irons till the next Morning and used to the said Brown and the rest of the Jurors many other reviling and terrifying Speeches And said he knew no Law for the said Presentment and told the said Brown that he had sinned in the said Presentment And he compelled the said Grand-Jurors to say they were sorry for that they had done in that Presentment and did bid them to trample the said Presentment under their Feet and caused Brown to tear the said Presentment in his sight And he the said Sir Robert Berkley when as John Houland and Ralph Pemberton late Mayor of Saint Albons came to desire his Opinion on several Indictments against John Brown Parson of Saint Albons and Anthony Smith Vicar of Saint Peters in Saint Albons at the Quarter Sessions held at the said Town of Saint Albons on the four and twentieth of June 1639. for the removal of the Communion Table out of the usual Place and not Administring the Sacrament according to Law in that Case provided He the said Sir Robert Berkley then told them that such an Indictment was before him at Hertford and that he quashed the same and imprisoned the Promoters by which threatning and reviling Speeches unjust Actions and Declarations he so terrified the Jurors in those Parts that they durst not present any Innovations in the Church Matters to their great Grief and Trouble of their Consciences And whereas several Indictments were preferred against Matthew Brook Parson of Yarmouth by John Ingram and John Carter for refusing several times to Administer the Sacrament of the Lords-Supper to them without any lawful Cause at the Assizes held at Norwich in 1633. He the said Sir Robert Berkley then being one of the Judges of the Assize proceeded then to the Tryal on the said
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
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
the Defence I desire leave to open what is the Nature what the Height and Quality of the Offence of which this great Lord stands Accused before you My Lords It is a Charge of the highest Nature that can be against a man A Charge of High Treason It is a Treason not ending and expiring in one single Act of a discontented Heart but a Habit a Trade a Mistery of Treason exercised by this Great Lord ever since the King's Favour bestowed on him My Lords It hath two Evils to deprive us of that which is good That is to subvert and take away the fundamental the ancient Laws whereby we are secure of whatsoever we do enjoy it hath My Lords a positive Evil in it to introduce instead of that an Arbitrary Government bounded by no Laws but by the Evil Councels of such Ministers as he hath been My Lords It is the Law that gives that Soveraign Tye which with all Obedience and Chearfulness the Subject renders to the Soveraign It is the Law My Lords that gives Honours to the Lords and Nobles Interest Property and Liberty to the Subject My Lords The Law as it is the Foundation and Ground of all these hath its distribution in a course of Justice Justice is derived as by so many Channels by the several Courts of Justice whereby the King's Justice for it is His is brought and conveyed to the Subject My Lords Of all this hath my Lord of Strafford endeavoured not only to put the Subject out of present Possession but to make him uncapable of the future Benefit of it Other Treasons yea a Treason against the Person of a Prince which is the most Transcendent and High Treason that can be fall short of this Treason For a good Prince may be gathered to His Fathers yet another may succeed him that supports the Glory and Justice of his Throne We have had Experience of it When blessed King James was taken from us to Heaven Sol occubuit nox nulla secuta est But if any one such a design as this should take effect That the Law and Justice should be taken from the Throne and Will placed there we are without hope of ever seeing Remedy Power in so great a measure taken is not easily laid down unless it be by the exceeding great goodness of so merciful and just a Prince as we have My Lords The Particulars of this Treason are Conveyed to your Lordships in 28 several Articles I shall shortly and briefly touch but the Heads of those on which I shall insist and give some distribution of them And I think the best way will be this To consider first what he did and what he said before he went into Ireland then what he did and said there and what he hath done since And in all of them you will find this his main design which I have opened That Law might no were stand against his Will and to settle it that he might continue so My Lord hath declared this in incroaching Jurisdiction where it was not in exercising an Arbitrary Power under that Jurisdiction in taking on him a Power to make Laws In Domincering and Tyrannyzing over the Lives the Liberties the Goods the Estates and whatsoever is the Subjects And My Lords this hath he done not only on those of the meaner sort that could not resist him but on the Peers on the greatest and most ancient Nobility of Ireland And what might your Lordships expect but the same measure at his hands had his Will had its passage here which it had in Ireland I shall come now to the particular Articles 1. And first Whereas it pleased His Majesty to place him with Power and Honour in his hand in the North as President he had not been long there but that Commission which bounded and pleased his Predecessors he must needs surmount and overgo There was a Commission in 16 Jac. which the then Lord-Deputy had in which was that Legal phrase Secundùm antiquum cursum his own Commission 4 Car. pursued that without any alteration but being in but four years this would not please his boundless Ambition he must needs have the Power that the Lords in the Star-Chamber have put in express terms a Power to proceed according to the course of the Chancery that his Conscience might limit other mens Estates That his Injunctions might stay other Proceedings at Law And which is highest of all if any thing be done in that Court within these Instructions then no Prohibition should be Awarded He would make himself safe from any supervising of other Courts If he Committed any man to Prison though a Habeas Corpus were granted then which the Subject hath no other remedy to vindicate his Liberty the Officer for the encouragement of those which be under his Power must not obey it And if any Fine be put upon the Officer then comes a command in this Commission That the Fine shall be discharged so he not only takes a Power to himself but also takes the Scepter of Justice out of the King's Hands for by this means there is an impossibility the Subject should have the Justice that my Lord knows is due to him and he knows it right well for when he was a Member of the House of Parliament it was his own motion who now stands at the Barr That all the Officers and Ministers of State shall serve the King according to that Law and he is the first Officer and Minister of State that breaks it and in the most transcendent degree that ever it was broken My Lords He doth in this as much as in him lies say to the Laws Do your worst You can but Fine and that you can do shall come to nothing the Fine shall not be paid The Officer shall not obey you If this had been a single Act we should never have accused him of this Treason though it comes very High and very Transcendent But the Oppressions and Injustice the Counsels and Speeches that we present to Your Lordships we present them not singly but as together designing and noting what a Treasonable purpose and disposition is in him 2. My Lords The next thing he doth when he is in the North among the Justices of the Peace and the People attending for Justice you shall see what Encouragement he gives them to look for it and how foul a thing he dares to fling on the Sacred Majesty that did advance him He tells the Justices that were to do Justice and the People that were to receive Justice That some of the Justices were all for Law but they should find The King 's little Finger is heavier than the Loyns of the Law Your Lordships may consider what a transcendent Speech this was out of whose Mouth it came what sad Accidents happened upon it nothing could move this Lord to utter it but his Will and his Violence must out though he burst a Kingdom in pieces for it 3. The next thing is this When
the said Counties respectively or otherwise sufficiently Armed and furnished as you in your discretion shall appoint and require And he did not send to pay money but to relieve them by turns and if they found it for their Ease they might do their duty which by Common Allegiance is due or be at the Charge to have it done for them And then he insisted upon another Clause which is according to the Statute of 11 H. 7. in these words And further Our pleasure is and we do give and grant for us our Heirs and Successors That whatsoever you or any other person or persons of what degree soever by your Commission Warrant or Command shall do by Virtue of this Our Commission or Letters Patents or according to the Instructions aforesaid or the purport of this Our Commission touching the Execution of the Premisses both you and the said persons in shewing forth these our Letters Patents or the Constat or Inrollment thereof shall be discharged and acquitted against Us Our Heirs and Successors and freed from all Impeachment and other molestation for the same And therefore if he erred he hopes he is to be Excused for this purpose citing part of the Statute of 11 H. 7. THe King our Soveraign Lord Part of the Statute of 11 H. 7. recalling to his Remembrance the Duty and Allegiance of His Subjects and that they by reason of the same are bound to serve the King for the time to come in His Wars against every Rebellion and Power and Might c. and whatsoever falls against the mind of the Prince and that it is against all Law Reason and Conscience that attending His Person or being in other places of His Command any should lose or forfeit for doing their true Service and Obedience Be it therefore Enacted c. That from henceforth no manner of Person or Persons whatsoever that attends the King in His Person and do Him true Allegiance in His Person or be in other places in His Wars for the said Deed or true Duty he and they shall be any way convicted and Attainted of Treason nor of any other Offence by any Process of Law whereby he shall forfeit Lands Goods Tenements c. and shall be for that Deed and Service utterly discharged of any Vexation c. So that as he conceives having done nothing but for the good of his Majestie 's Service the preservation of the Countrey whatever he may have offended he hopes by the Act of Parliament and his Commission he may appear to their Lordships Justice and Compassion to a man that may Err acquitted of the Charge of High Treason For the words That Refusers were guilty of little less then High-Treason that taking it as he said for a denial of Common Allegiance it is no small Crime but it is only a single Testimony for which he takes himself not to be accomptable Mr. Maynard replyed Managers Reply That he had in stating his Case encreased not diminished his Fault for that the consent of some Gentlemen and Free-holders could not bind the rest and it is no legal way to raise money by Warrant much less by Force That he had no consent of the Lords for what he did as he pretended His Commission speaks not of money and the Statute is not to his Case it being for service on their Allegiance due to the King and levying Money Illegally is no part of that service That he did not first require men to serve but first pay and if not menaces them with Service as appears by the Warrants And to the single testimony of Sir William Ingram concerning Treason for non-payment they produced Mr. Cholmley who deposed That his Lordship said Mr. Henry Cholmley We are all tyed to serve the King in our own Persons and they that refuse are in little better case then Treason and punishable in the Star-Chamber And as he sayes the Warrants were not his it is evident they were by his Command Mr. Whitlock observed That what my Lord pleads in his Justification are sufficient grounds for his Condemnation for affirming necessity absolves the King from Rules of Government and that subjects may be taxed without assent of Parliament are expressly against the Fundamental Laws and a Course to introduce Arbitrary Government My Lord desired to speak to Mr. Cholmley 's Evidence which was new matter which he said differed from Sir William Ingram 's One sayes if money were not paid it was little better c the other he that denies his Allegiance is in little better case than Treason and punishable and for the assuming by his Commission to raise Taxes God forbid he should say or think such a thing but only to call men to perform their Duty for preservation of the King and Countrey He offered then something as to Sir William Penyman 's Warrant which he said was issued by him and the Deputy-Lieutenants Mr. Maynard replyed This was no colour of answer because a Man must serve in person therefore money must be required else he must be brought by head and shoulders to serve in person and offered a Warrant of Sir Edward Osborn 's made upon peril of Life and that all that can be imprisonment levying money charging upon peril of life levying of Goods hath been put upon the Subject Mr. Glyn added That the direction was his the execution others that Gogan 5. R. 2. was accused of Treason for forcing a man to enter into Bond which is not so much as forcing payments on the King's Subjects Then Sir Edward Osborn 's Warrant was read attested by Mr. Cholmley to be the Original in these words VVHereas His Majesty is informed Sir Edward Osborn's Warrant for Levying money that the Regiment under Command of Colonel Cholmley is set forth with little Money which expresses great disaffection to His Majesties service and wilful neglect of your own and the whole Kingdoms safety the Scotch Army having taken Newcastle and being on their march towards these parts These are therefore to Will and require you in His Majestie 's Name and by His special Command to raise and cause to be raised by the Port Constable or otherwise as you shall think best the summ of 20 s. 8 d. at least for each common Soldier 's belonging to such Towns or Parishes to send the same immediately to York to be delivered to the Colonel for Pay and Supply of the said Soldiers and likewise to charge and command all and every person and persons who find private Arms or contribute thereunto for thwith to send the like summ at least to York to be disposed as aforesaid And in case any of them refuse to contribute you are required by like Command to certifie me the Names of such refusers that a Messenger may be sent to bring them hither to serve in person and be severely punished according to the Quality of so high an offence seeing the safety of His Majestie 's Person and the safety of
Counties in this Kingdom but they conceive that their Names will be unacceptable and their Persons unwelcome and being thus Impeached to become Judges of Mens Lives and Estates will be a thing of great offence and distraction Therefore the House of Commons desired that all the Commissions granted to the Peccant Judges may be superseded and that their Names may be no more Vsed in Commissions and when the great Affairs now in agitation be dispatched they desired their Lordships to take their Impeachments into Consideration and proceed therein according to Justice Ordered That this House Consents to both these Requests of the House of Commons touching the aforesaid Judges This day the Lord Bruce was introducted with the usual Ceremonies his Patent bearing Date Aug. 2. 1641. Lord Bruce introducted The Earl of March reported to this House The Kings Answer about the Irish Acts. That His Majesty is pleased to like well of the Advice of this House concerning the staying of the Acts of Grace and Favour which were to be passed for the Kingdom of Ireland and will give order it shall be done accordingly until this House hath considered of the Letter sent to the Lord Keeper from the Speaker of the Lords House in Ireland Propositions of the Scots Commissioners and Answers of the English Lords Commissioners August 5. 1641. Propositions for the concluding the Peace with the Scots The Earl of Bristol reported the Propositions and Articles given in by the Scots Commissioners after the Lord Lowdon's return from the Parliament of Scotland which were read as followeth That the Treaty of Peace may be brought to a speedy and happy Close we do offer to your Lordships Consideration the following Particulars I. That as soon as the Scottish Army shall remove out of England to Scotland the English Garrisons of Berwick and Carlisle may remove simul semel II. Lest Malefactors who have committed Murder and the like Crimes crave the Benefit of the Act of Pacification and Oblivion for whom it is no ways intended there would be an Exception from the said Acts of all Legal pursuits intended or to be intended within the space of one year after the Date of the Treaty against Thieves * A Scotch word for Excommunicate Persons Horners Out-lawers Fugitives Murderers Broken men or their Receptaries for whatsoever Thefts Rifes Hardships Oppressions Depredations or Murders done or committed by them and all Lawful Decrets given or to be given by the Parliament or any Commissioners to be appointed by them for that effect who shall have power to Dignosce and take Cognition whether the same falls within the said Act of Pacification or Oblivion or not III. It is desired that the demand concerning the not making or denouncing War with Forreigners without consent of both Parliaments may be condescended unto by the King and the Parliament of England which is Ordained and Universally observed in all mutual Leagues which are both Offensive and Defensive and because the Wars denounced by one of the Kingdoms with Forreigners although made without consent of the other Kingdom will Engage them by necessary Consequence Or if the Consideration of this Proposition shall require longer time then the present Condition of the Important Affairs of the Parliament may permit and lest the speedy Close of the Treaty be thereby impeded it is desired that this Demand with the other Two Articles of the same Nature the one concerning Leagues and Confederations and the other concerning mutual Supply in case of Forreign Invasion may all three be remitted to Commissioners to be chosen by both Parliaments who shall have Power to Advise and Treat thereupon for the good of both Kingdoms and Report to the Parliament Respectively IV. It is desired That the Articles concerning Trade and Commerce Naturalization mutual Priviledge and Capacity and others of that nature already demanded may be condescended unto by the King and Parliament of England and namely that demand anent the Pressing of Men and Ships by Sea or Land Or if shortness of time may not permit the present determination of these Demands it is desired that the same except so many of them as are already agreed unto by the Commissioners for Trade may be remitted to Commissioners to be chosen by both Parliaments who shall have Power to Treat and Advise thereof for the good of both Kingdoms and to make Reports to the Parliament respectively and that the Charters or Warrants of the Scottish Nation for freedom of Shipping in England or Ireland from all Customs Imports Duties and Fees more then are paid by the Natives of England or Ireland granted by King James under the Great Seal of England upon the 11th day of April in the 13th year of his Reign and Confirmed by King Charles upon the 19th of April in the 8th year of his Reign may be Enacted and Ratified in this Parliament V. That the Extracts of Bonds and Decrets upon Record and Registers in Scotland may have the like Faith and Execution as the French Tabellons have in England and Ireland seeing they are of a like Nature and deserves more Credit and if this cannot be done at this time that it be remitted to the former Commission from both Parliaments VI. The manner of Safe Conduct for Transporting the Monys from England or Scotland by Sea or Land would be condescended unto in such way as the Charges be not Exorbitant and may be presently known VII The Tenor of the Commission for Conserving of Peace would be condescended unto together with the Times and Places of meeting and whole frame thereof the draught whereof when it is drawn up in England is to be represented to the Parliament of Scotland that they may make the like Commission and name their Commissioners for that effect VIII The Parliament of Scotland do join their earnest and hearty desires and craves the Parliament of England's Concurrence that none be placed about the Prince's Highness but such as are of the Reformed Religion IX That an Act of Parliament of Publick Faith for payment of the 220000 l. which is Arrear of the Brotherly assistance may be presently framed and expedited according to the Terms agreed upon X. It is desired that the Quorum to whom the Scots should Address themselves for payment of the 220000 l. be condescended upon XI That the Order for recalling all Proclamations made against His Majesties Subjects of Scotland be drawn up and intimate in due Form and Time with the Public Thanksgiving at all the Parish Churches of His Majesties Dominions XII It is desired That the Articles concerning the Castle of Edinburgh and other Strengths of that Kingdom may be understood to be that the same shall be disposed of for the Weal of the Kingdom as the King and Parliament shall think Expedient The English Lords Commissioners Answers THat upon the disbanding the Scottish Army the Garrisons of Berwick and Carlisle shall be removed according to the Articles of the Treaty in that
and the Statute of 20 E. 3. 3. To the Third they say That it is part of their said Oath as Judges that they shall not Counsel or assent to any thing that may turn to the damage or disherison of our Soveraign Lord the Kings most Excellent Majesty by any manner of way or colour And that they give no Advice or Counsel to any man great or small in no Case wherein the King is a Party And that they shall do and procure the Profit of the King and his Crown in all Things where they may reasonably do the same And that in the Explanation of their said Oaths by the Statute of 20 E. 3. c. 1. It is declared That they shall give no Counsel to great Men nor small in case where the King is Party or which doth or may touch the King in any point And as your Lordships have been honourably pleased by an Order of this Honourable House bearing date the first of March Anno Domini 1640. Annoque Regni Regis Caroli 16. to give way That they should not be Compelled to Answer any part of the said Questions which did concern his Majesties Prerogative or were against their Oaths so they humbly represent unto your Lordships That they conceive that the Answering of the Particulars of this Question doth concern both for that the King 's Privy Council as the Questions terms it or Council Board is a Court of his Majesties high Prerogative where all Proceedings are before him and his Council or before his Governor who immediately to many Purposes represent his Majesties Person and the Council And where the great Affairs of State concerning his Majesties Honor Government Profit and of great Persons and Causes concerning the Common-Wealth which may not be conveniently remedied by the ordinary Rules of the Common-Law and many other Cases have been Treated of and managed And as his Majesty is the Fountain of all Justice within this Kingdom and may grant Cognizances of Pleas unto his Subjects and Corporations and may by his Commissions Authorize whom he shall think fit to Execute many Branches of his Authority so We humbly conceive That it doth not stand with our Oathes or Duties of our Places who are but Judges of the ordinary Courts of Justice before his Majesties Pleasure signified in that behalf to seek into the Commissions or Instructions of the Chief Governor and Council or to give any Opinion concerning the Limits Jurisdictions Orders Decrees Proceedings or Members of that High Court And that the King hath a Prerogative for hearing some of the Matters in this Question specified before his Chief Governor We beseech your Lordships to cast your Eyes on the Statute of 28 H. 6. c. 2. in this Kingdom where after Matters are directed to be sent to the Ordinary Courts yet the King's Prerogative is expresly saved notwithstanding all which his Gracious Majesty for whom it is most proper hath of late been pleased to Limit the Proceedings of that Board by his Instructions in Print 4. To the fourth they Answer as to the Third 5. To the fifth they say That generally all Grants of Monopolies whereby Trading Manufacture or Commerce is restrained and the Profit which should go to many is hindred and brought into a few Hands are against Law and the Liberty of the Subject and the Good of the Commonwealth tho they carry never so fair a pretence of Reforming Abuses And that the pretended Transgressors against such Grants are not at all punishable by any Rule of Law that they know of And yet they say That they conceive That his Majesty that is the Head and Father of the Commonwealth may restrain the Use and Importation and Exportation of certain Commodities or restrain the same into a few Hands for a time where there may be a likelyhood of his Majesties Profit which is the profit of the Commonwealth and no apparent prejudice to the Commonwealth doth appear And that when time shall discover such Prejudice then such Restraint ought to Cease So if a man by his own Invention at home or Travel Observation or Charge abroad doth introduce a new profitable or useful Trade or Profession into the Commonwealth in such Cases his Majesty may lawfully Grant and License the only making of such Commodity or teaching or using of such Trade for a certain time and the Transgressors against such Warrantable Grants may be punished by paying of Damages unto the Patentee in an ordinary Course of Justice or otherwise as the nature of the Offence and Matter doth deserve and as the Consequence and Importance of the matter may be to the King State or Commonwealth And they say That the Matter Manner Restrictions Limitations Reservations and other Clauses contained in such Grants or Licenses and the Commissions or Proclamations thereupon and undue Execution thereof and several Circumstances may make the same Lawful or Unlawful whereof they are not able to give any Certain Resolution before some Particular comes in Judgment before them neither are they otherwise able to answer the Generals in the Particulars of the said Question Of what in what Cases how where and by whom or which of them wherein whosoever desires further satisfaction he may please to have Recourse to the known Cases of Monopolies in printed Authorities and written Records and unto the Statute of 21 Jac. in Engl. concerning Monopolies and their several Exceptions and Limitations therein 6. To the Sixth they say They can no otherwise answer then they have already in their Answer to the Third Question for the Reasons therein set forth 7. To the Seventh they say That a Proclamation or Act of State cannot alter the Common Law and that Proclamations are Acts of his Majesties Prerogative and are and always have been of great use and that the Contemners of such of them as are not against the Law are and by the constant Practise of the Star-Chamber in England have been punished according to the Nature of the Contempt and Course of the said Court And although Acts of State are not of Force to bind the Goods Possessions and Inheritance of the Subject yet they have been of great use for setling of the Estates of very many Subjects in this Kingdom as may appear in the Report of the Case of Irish Gavil-Kind in Print And further to that Question they cannot Answer for the Reasons in their Answer unto the third Question set forth 8. To the Eighth they say That they know no ordinary Rule of Law by the which the Subjects of this Kingdom are made Subject to Martial Law in time of Peace and that they find the use thereof in the time of Peace in England complained of in the Petition of Right exhibited unto his Majesty in the third year of his Reign and that they conceive That the Granting of Authority and Commission for execution thereof is derived out of his Majesties Regal and Prerogative Power for suppressing of sudden and great Insolencies Insurrections among
Celebrated Persons of his Age and indeed had the Lords Justices been willing and able to have hearkned to his Lordships Motion at the Council Board to put him immediately at the Head of any considerable Strength he would in probability by God's assistance have made a short dispatch of that Rebellion for it was some considerable time before the Rebellion became Universal or otherwise Captain Byron with a single Company of 50 Men could not as he did have by command from the Lord Justices and Council have marched Safe and without disturbance from Youghall to Dublin which is above 80 Miles nor was there any rising about Kilkenny till two Months after the first Eruption but it is too evident that as the supine carelessness of some did encourage the Irish to Rebel so there were others in Power who were so taken up with the Contemplation of Forfeitures that they rather increased the Fuel than took Care to suppress the Flame so that it is no wonder if his Lordships Motion was rejected till it was too late However several Commissions were given out to diverse Gentlemen even of the Romish Religion to raise Men to suppress the Rebellion The Commissions then given out run in the Stile of Martial Law which was thought no more than Requisite as appears by this following which was given to the Lord Gormanstone By the Lords Justices and Council W. Parsons John Borlase RIght Trusty and Well-beloved A Copy of the Commissions for suppressing the Rebellion in Ireland Nov. 1641. We greet you well Whereas divers most Disloyal and Malignant Persons within this Kingdom have Traiterously conspired against His Majesty His Peace Crown and Dignity and many of them in Execution of their Conspiracy are Traiterously Assembled together in a warlike Manner and have most inhumanly made Destruction and Devastation of the Persons and Estates of divers of his Majesties Good and Loyal Subjects of this Kingdom and Taken Slain and Imprisoned great Numbers of them We out of Our Care and Zeal for the Common Good being desirous by all means to suppress the said Treasons and Traitors and to conserve the Persons and Fortunes of His Majesties Loving Subjects here in Safety and to prevent the further Spoil and Devastation of his Majesties Good People here Do therefore hereby Require and Authorize you to Levy Raise and Assemble all every or any the Forces as well Footmen as Horsemen within the County of Meath giving you hereby the Command in Chief of all the said Forces and hereby further Requiring and Authorizing you as Commander of them in Chief to Arm Array Divide Distribute Dispose Conduct Lead and Govern in Chief the said Forces according to your best Discretion and with the said Forces to Resist Pursue Follow Apprehend and put to Death Slay and Kill as well by Battel as other ways all and singular the said Conspirators Traitors and their Adherents according to your Discretion and according to your Conscience and Discretion to proceed against them or any of them by Martial Law by Hanging them or any of them till they be dead according as it hath been accustomed in time of open Rebellion and also to Take Waste and Spoil their or any of their Castles Holds Forts Houses Goods and Territories or otherwise to Preserve the Lives of them or any of them and to receive them into his Majesties Favor and Mercy and to forbear the Devastation of their or any of their Castles Forts Houses Holds Goods and Territories aforementioned acccording to your Discretion Further hereby Requiring and Authorizing you to Do Execute and Perform all and singular such other things for Examination of Persons suspected discovery of Traitors and their Adherents parlying with and granting Protections to them or any of them taking up of Carts Carriages and other Conveniences sending and retaining Espials Victualling the said Forces and other things whatsoever conducing to the purpose aforementioned as you in your Discretion shall think fit and the necessity of the Service require further hereby Requiring and Authorizing you as Commander in Chief to Constitute and Appoint such Officers and Ministers respectively for the better Performance and Execution of all and singular the Premises as you in your Discretion shall think fit And We do hereby require and command all and singular His Majesties Sheriffs Officers and Ministers and Loving Subjects of and within the County of Meath and the Borders thereof upon their Faith and Allegiance to His Majesty and to his Crown to be Aiding Helping and Assisting to you in the Doing and Executing of all and singular the Premises This Our Commission to continue during Our Pleasure only and for the so doing this shall be your sufficient Warrant Given at His Majesties Castle of Dublin Novemb. 1641. R. Dillon Ja. Ware Jo. Temple Rob. Meredith To Our very good Lo. Nicholas Vic. Com. Gormanstone Immediately upon the setting out of the Proclamation of the 23 of October divers Lords of the English Pale came to Dublin and there declared to the Lords Justices and the Board with severe Protestations their great Loyalty and Affection to his Majesty and that they would with all readiness assist their Lordships in the suppressing of this Rebellion but within two or three days they returned with a Petition wherein they offered they said the deep Sense they had of an Expression in that Proclamation as if by the Words evil affected Irish Papists there being no Distinction they might be misinterpreted so as to reflect upon them as comprehended under those general Terms Whereupon the Lords Justices and Council that they might clear this Point and thereby secure themselves of the Loyalty and Services of these Gentlemen who as well as their Ancestors had upon former Occasions manifested great Loyalty to the Crown of England therefore to remove all Scruples put out this following Explanatory Proclamation By the Lords Justices and Council W. Parsons John Borlase WHereas a Petition hath been preferred unto Vs A Proclamation for the Satisfaction of the Lords and Gentlemen of the English Pale Oct. 28. 1641. by divers Lords and Gentlemen of the English Pale in behalf of themselves and the rest of the Pale and other the old English of this Kingdom shewing That whereas a late Conspiracy of Treason is discovered of ill-affected Persons of the old Irish and that thereupon a Proclamation was published by Vs wherein among other things it is declared That the said Conspiracy was perpetrated by Irish Papists without distinction of any and they doubting that by those general Words of Irish Papists they might seem to be involved though they declare themselves confident that We did not intend to conclude them therein in regard they are none of the Old Irish nor of their Faction or Confederacy but are altogether averse and opposite to all their Designs and all other of like Condition We do therefore to give them full satisfaction hereby declare and publish to all his Majesties Good Subjects in this Kingdom
are entertained in several Houses both within the City and Suburbs thereof These are in His Majesties Name strictly to Charge and Command all such Strangers as are of late come into this City or into the Suburbs thereof to depart the same within one hour after the publishing of this Declaration upon pain of Death to be Executed on them by Martial Law And all such as have entertained any such Person or Persons into their Houses are hereby strictly Required and Commanded to bring a Note of the Name of such Person or Persons so entertained to the Mayor of this City by the hour of Six of the Clock this present Evening upon pain of death to be Executed on them by Martial Law who shall neglect so to do Furthermore the several Constables of this City are required this Night to make Search within this City and Suburbs thereof for such Strangers and the harbourers of them and to cause them to be apprehended and detained until they shall receive directions from Vs to the Contrary Given at His Majesties Castle of Dublin the 28th day of Octob. 1641. R. Dillon J. Temple Tho Rotherham Ja. Ware G. Wentworth Rob. Meredith And because they saw the ill Consequence of the Calumny before mentioned which the Rebels made use of colouring all their impious Villanies under the Sacred Name of His Majesties Authority the Lords Justices and Council to undeceive the abused People and vindicate His Majesty from the horrid Scandal issued out the following Proclamation A Proclamation against the Calumny of the Rebels pretence of acting by the Kings Commission Oct. 30 1641. By the Lords Justices and Council Wil. Parsons Jo. Borlase WHereas We the Lords Justices and Council have lately found That there was a most disloyal wicked and detestable Conspiracy intended and plotted against the Lives of Vs the Lords Justices and Council and many others of His Majesties faithful Subjects especially in Ulster and the Borders thereof and for the surprizing not only His Majesties Castle of Dublin His Majesties principal Fort but also of other Fortifications in several Parts and although by the great goodness and abundant mercy of Almighty God to His Majesty and to this State and Kingdom these wicked Conspiracies are brought to light and some of the Conspirators committed to the Castle of Dublin by Vs by His Majesties Authority so as those wicked and damnable Plots have not taken effect in the chief Parts thereof yet some of those wicked Malefactors have surprised some of His Majesty's Forts and Garrisons in the North of Ireland slain divers of His Majesties good Subjects imprisoned some and robbed and spoiled very many others and continue yet in those Rebellious courses against whom therefore some of His Majesties Forces are now marching to fight against them and subdue them thereby to render safety to His Majesty's faithful Subjects And whereas to colour and countenance those their wicked Intendments and Acts and in hope to gain the more Numbers and Reputation to themselves and their proceedings in the opinion of the ignorant Common People those Conspirators have yet gone further and to their other high Crimes and Offences have added this further wickedness even to traduce the Crown and State as well of England as Ireland by False Seditious and Scandalous Reports and Rumors spread abroad by them We therefore to vindicate the Crown and State of both Kingdoms from those false and wicked Calumnies Do hereby in His Majesties Name Publish and Declare That the said Reports so spread abroad by those wicked Persons are most False Wicked and Traiterous and that we have full Power and Authority from His Majesty to prosecute and subdue those Rebels and Traytors which now We are doing accordingly by the Power and Strength of His Majesty's Army and with the Assistance of His Majesty's Good and Loyal Subjects and We no way doubt but all His Majesty's Good and Faithful Subjects will give Faith and Credit to Vs who have the Honour to be trusted by His Majesty so highly as to serve Him in the Government of this His Kingdom rather than to the vain idle and wicked Reports of such lewd and wicked Conspirators who spread those false and seditious Rumors hoping to seduce a great number to their Party And as We now believe that some who have joyned themselves with those Conspirators had no hand in contriving or plotting the mischiefs intended but under the pretence of those seditious Scandals were deluded by those Conspirators and so are now become ignorantly involved in their guilts so in favour and mercy to those so deluded We hereby Charge and Command them in His Majesty's Name now from Vs to take light to guide them from that darkness into which they were misled by the wicked seducement of those Conspirators and to depart from them and from their wicked Counsels and Actions and according to the duty of Loyal Subjects to submit themselves to his Sacred Majesty and to his Royal Authority intrusted with Vs But in case those Persons which were no Plotters nor Contrivers of the said Treason but were since seduced to joyn with them as aforesaid lay not hold of this His Majesty's Grace and Favour now tendred unto them then We do by this Proclamation Publish and Declare That they shall hereafter be reputed and taken equally guilty with the said Plotters and Contrivers and as uncapable of Favour and Mercy as they are Given at His Majesty's Castle of Dublin the 30th of October 1641. La. Dublin R. Ranelagh Ant. Midensis John Rophoe R. Dillon J. Temple P. Crosbie Ja. Ware Rob. Meredith Let us now repass again to the Affairs of England where we left the Skie also lowring and the gathering Clouds threat'ning Tempestuous Weather in the State This day the Lord Keeper informed the House of Lords Friday Novemb. 12. The Venetian Ambassador Complains of the breaking open of his Pacquer That the Venetian Ambassador made a Complaint to the Lords of the Council That the Dispatches which were sent to him this Week were opened and the Seal of the State of Venice broken by the Parliament at which he finds himself so much aggrieved that he hath retired himself from the Publick Affairs as an Ambassador between this Kingdom and that State until he receives further Commands from his Masters Then was read a Paper being a Translation out of Italian delivered by the said Ambassador the Contents whereof was as follows Most Noble Lords THe Correspondency betwixt Princes The Venetian Ambassador's Memorial about the breaking up of his Letters hath always been the most immediate Ways of a true Interest of maintaining of Estates and of continuing of Commerce to the Benefit and Increase of the Common-Wealth To Cultivate this the most great Kings hath always used the utmost Industry and to facilitate it they have introduced the Expedient of Ambassadors to confirm it betwixt the one and the other Kingdom In this there hath been all Respect rendred to all Princes at
may be just causes of those fears 1. They therefore desire their Lordships Expedition of the Ordinance concerning the Earls of Essex and Holland 2. An Answer concerning the securing the Persons of Recusants 3. Concerning the Government of the Isle of Wight and the fortifying the Forts of the Kingdom 4. That the Magazines in the County of Montgomery may be Sequestred into other hands for better security they being now in the hands of a Servant of a great Recusant 5. That Milford Haven may be fortified 6. That Sir Simon Harcourt may have a Commission to levy Soldiers for the Service of Ireland and that Thursday next may be the longest time of his stay here To these particulars the Lords gave these Resolutions 1. The Lords Answers To the first The House will Debate the Ordinance about the Earls of Essex and Holland to Morrow Morning 2. To the securing of the Persons of Recusants agreed 3. Touching the sequestring of the Isle of Wight into another hand their Lordships will take the same into confideration when the House of Commons present their Reasons why it should be taken out of the hand where it is now To the Forts they have formerly given in an account of the state of them and of the Charge which will be requisite to repair them and that the Money must proceed from them 4. To the fourth Agreed to 5. To the Fifth This House thinks it fit that Milford Haven be secured by appointing some Ships to ride in the Haven 6. To the Sixth The Lord Lieutenant of Ireland is to bring the Commission to Morrow Morning which he is to give to Sir Simon Harcourt for levying Men for the Service of Ireland This being done the Lord Keeper was appointed to acquaint the Commons who stayed in the Painted Chamber with the aforesaid Answers to their Propositions Mr. Maxwell the Gentleman-Usher gave this House an account Mr. Maxwell upon search finds no Priests That according to their Lordships Order he had searched diligently the Earl of Worcester 's House for Priests and Jesuits but can find none In the Commons House they were taken up with this new Plot and preparing Heads for the forementioned Conference And which is omitted in the Lords Journal it was desired That the Information which Beal hath given may be published It was also Ordered That St. German the French-man St. German committed to the Gate-house be committed to the Prison of the Gate-house and that no Man be suffered to speak with him but in the presence and hearing of a Keeper They were still busie in Hammering and Filing of the Remonstrance of the State of the Kingdom as appears by this Memorandum Memorandum That an Addition be made to the Declaration to this purpose to declare That this House intends to vindicate themselves from the Imputations laid upon them of discouraging of Learning and that they will advance Learning and the maintenance of Preaching Ministers They were very tender it seems of their Reputation but notwithstanding their Declaration it will remain an Eternal Riddle to Posterity how it can be possible to incourage Learning by taking away the Rewards of Industry And for their maintaining of Preaching Ministers they were as good as their Word indeed by suffering all that would to Preach and maintaining them in their Sacrilegious Usurpations upon the Sacred Function Report was made this day by the Lords Committees for the Irish Affairs That the Committees of both Houses for that business Wednesday Novemb. 17. have considered of these particulars That Power be given to the Lord Lieutenant of Ireland Irish Affairs for rewarding of secret services as is fit That convenient Posts be speedily set up between Beaumaris and Holy-Head And that the State of Scotland be moved to have the like care for Posts between Carlisle and Port-Patrick That Directions be sent by both Houses of Parliament to the Lords Justices of Ireland concerning the Prisoners Mac-Guire and Mac-Mahon to be Conveyed into England for their better security That the Protestation taken by both Houses be taken by all Officers and Commanders before they be employed in the service of Ireland which Propositions being read were Assented to It was Ordered Message to the Foreign Ambassadors concerning Jones and Andrews That the Right Honourable the Earl of Bristol the Earl of Holland and the Lord Brook shall forthwith Repair unto the several Ambassadors in and about the Cities of London and Westminster and desire them from the Parliament to dismiss out of their Houses such Priests as are the Kings Native Subjects and in case they shall be hereafter found abroad they shall not have any Protection but be Proceeded against according to the Laws of the Kingdom and to let them know That if the Persons of Father Jones and Father Andrews who were Accused for Treasâ—â— be received into their Houses the Parliament desires they may be presently delivered up Lord Lieutenant scruples the Validity of the Ordinance to Levy Men without the Great Seal Upon some Question made this day by the Lord Lieutenant of Ireland whether the Ordinance of Parliament for the granting him Power to give Commissions to Levy men for the Service of Ireland be of sufficient Validity without a Confirmation from His Majesty Thereupon the House did undertake to be Suitors to his Majesty to consirm the Autherity given to his Lordship by the King and the Parliament under the Great Seal of England And do Promise That they will be always ready to avow his Proceedings upon their Lordships aforesaid Orders in the mean time The Lord Lieutenant delivered a Copy of a Commission to be given to Commanders for the Levying of Men for Ireland which was Read and Approved of the Contents were as follow Robert Earl of Leicester Copy of a Commission to Raise Men for Ireland Viscount Lisle Baron of Penhurst c. One of His Majestie 's Most Honourable Privy-Council Lieutenant General of the Kingdom of Ireland and General of His Majestie 's Army there To Collonel WHereas the Lords Justices and Council of Ireland have advertised our Soveraign Lord King Charles and his High Court of Parliament now here Assembled of a suddain Insurrection aâ—d Rebellion in Ireland and have Humbly besought His Majesty to send some Succours unto his good Subjects there And his Majesty being now Absent in his Kingdom of Scotland hath recommended the Care of the said Kingdom of Ireland unto his Parliament of England and that in pursuit of his Majestie 's Pleasure so signified for as much as in this time of His Majestie 's Absence his Royal Commission according to the usual form cannot be so soon obtained as the necessity of the Kingdom doth require The Lords and Commons of the said Parliament now Assembled have by their Ordinance of the 6th of this present Month of November Authorized me by Warrant under my Hand and Seal to give one or more Commissions to such Captains Commanders or other
or Provisional Clause to be added to the said Bill by way of Limitation or Restriction and did also at the same time express his displeasure against some Person or Persons which had moved some Doubt or Question concerning the bound of Prerogative which the House of Commons declare to be a breach of the Fundamental Priviledges of Parliament The House of Commons do therefore desire their Lordships would joyn with them in an humble Petition to his Majesty to take notice that the Priviledge of Parliament is broken herein and to desire him that it may not be done so any more hereafter After this matter had been debated by the Lords it was Ordered That their House will joyn with the House of Commons in a Petition to His Majesty herein And the Lord Arch-Bishop of York Earl of Pembroke Earl of Bristol Earl of Holland Viscount Say and Seal Episcopus Durham Episcopus Winton Episcopus Roffen were appointed a Select Committee to meet with a proportionable number of the House of Commons to consider of the Breach of Priviledge of Parliament and and to prepare some things incident hereunto and present the same to the House This Committee to meet with the Commons on Wednesday the 15th of this Instant December at Nine of the Clock in the Morning in the Painted-Chamber The Committee appointed by the Commons to meet with the Lords were Mr. Pym Serjeant Wild Mr. Glyn Mr. Martin Mr. Strode Sir Hugh Cholmley Mr. Hollis Mr. Hampden Mr. Sam. Brown Sir Thomas Barrington Sir Edward Rodney Sir Thomas Bowyer Sir William Armyn Sir Francis Barnham Sir Walter Earl Sir Edward Aiscough Sir Philip Stapleton Sir Anthony Irby Sir William Lewes Mr. Strangeways Sir Robert Cooke Sir Edward Montforte Sir William Litton and Sir Henry Ludlow The Lord Keeper also Reported the Effect of two other Conferences had this day with the Commons The first Conference consisted of two particulars First Whereas a Proposition was made by the French Ambassador to the King for saving Seven Romish Priests which were Convicted and the House of Commons presented their Opinions to this House that five of those seven Priests may be Executed according to the Laws Now the House of Commons desire their Lordships to joyn with them in an humble Petition to His Majesty that the Execution of the Laws may be done upon all the seven Priests and that both Houses would become Suitors to the King to take off the Reprieve Next a Letter was read sent from one Parthington in Ireland written to Sir John Clotworthy Knight shewing the great and barbarous Cruelties acted upon the Protestants in Ireland by the Rebels as hanging of them and pulling their Flesh from their Bones cutting off their Heads Hands and Feet ripping up of Women great with Child and killing of Children with divers other inhumane Acts. The second Conference was touching the Declaratory part of the Bill for Pressing of Soldiers That the House of Commons consents now to the Words or Compelled that they should be inserted into the Preamble of the said Bill upon condition that these Words may be added except it be in Case of Necessity of the sudden coming of an Enemy into the Kingdom And lastly That the House of Commons doth not intend to give any Reasons for the fortifying of the Declaratory Cause in the Preamble of the Bill for pressing of Soldiers it being a thing unusual for them so to do It seems the House of Lords was in great disorder about the King's Speech Lord Pierpoint to the Black Rod for some Words offensive to the Lords for the Lord Pierpoint in his Speech having said That it was not Honourable for this House to be in such Noise and Tumult the House conceived these words to be a great Offence to so Great and High a Court as this is and being charged with the Words he was Commanded by the House to withdraw but before he withdrew he desired to explain himself which he was permitted to do and he professed he did not speak the Words to give any Offence to the House His Lordship being withdrawn the House took the Offence done into Consideration and Ordered That the Lord Pierpoint shall be committed to the Custody of the Gentleman-Vsher attending the House for the present After which the House took into consideration the Proposition of the Commons concerning the seven Priests and it was upon the Question after much Debate Resolved by the major part to joyn with the Commons in an humble Petition to his Majesty That Execution of the Laws may be done upon all the 7 Priests that are Condemned and that he will be pleased to take off his Reprieve Memorandum The Lords the Bishops withdrew themselves before the voting of this Question it being in Agitatione causae sanguinis The Lord Steward and the Lord Chamberlain were Ordered to attend the King from both Houses concerning the 7 Priests to be Executed as aforesaid and that his Majesty will take off his Reprieve Most part of this day was spent by the Commons about the Debates of the King's Speech the Result of which the Reader hath already in the Conferences with the Lords but still the Faction could spare little time to remember their Petitioning Friends of Black-Heath who had run their Heads into the Noose of the Law and a Commission was gone out against them for an Inquisition upon which Occasion as before they had warned the Under-Sheriff of Surrey so this day produced an Order of the Commons to the Justices of the Peace of Surrey not to proceed in any Inquisition concerning any Persons that met to subscribe a Petition to be preferred to this House till they should recive further Orders therein from the House This day the Lord Arch-Bishop of York Wednesday Decemb. 15. reported from the select Committee of both Houses concerning the Privileges of Parliament three Particulars which the Committees think fit to be voted in both Houses as a Breach of the Privileges of Parliament And also that a Declaratory Protestation be entred into by both Houses for the claim of those Liberties and this to be drawn up by the Committees Likewise the Committees think fit that a Petitionary Remonstrance be presented to His Majesty from both Houses declaring the Right of Parliament to those Privileges and the Particulars wherein they have been broken with an humble Desire that the like may not be done hereafter and that his Majesty will be pleased to discover the Parties by whose Misinformation and evil Council his Majesty was induced to this Breach of Privilege that so they may receive condign Punishment for the same and that his Majesty be further desired to take no notice of of any Mans particular Speeches or Carriage concerning any Matter Debated and Treated in Parliament a Form whereof is to be drawn and presented to the Committee to Morrow Morning at Nine of the Clock And that the Committees have appointed the Lord Arch-Bishop of York the Lord Roberts Sir
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
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
will buy the same The Lord Bishop of Lincoln gave this House an Account Bishop of Lincoln Reports the Votes about the Irish Affairs what the Committees for Irish Affairs had considered of and presented some Votes and Orders of the House of Commons in which they desire their Lordships to joyn with them which were read as follows Resolved upon the Question That the House of Commons holds it fit That 20000 l. shall be forthwith supplyed for the present Occasions of Ireland out of the Moneys that are now in ready Cash or shall first come in Resolved c. That a convenient number of Ships shall be provided for the Guarding of the Sea-Coasts of Ireland Resolved c. That the House of Commons holds it fit that Six Thousand Foot and Two Thousand Horse shall be raised with all convenient speed for the present Expedition into Ireland Resolved c. That such Officers shall be forthwith sent over into Ireland for the Commanding of Men there as shall be thought fit by the Lord Lieutenant of Ireland with the approbation of both Houses of Parliament Resolved c. That a Magazine of Victuals shall be forthwith provided at West-Chester to be sent over to Dublin as the Occasion of that Kingdom shall require Resolved c. That the Magazin of Arms Ammunition and Powder at Carlisle shall be forthwith sent over to Knockfergus in Ireland Resolved c. That in Bristol and West-Chester and one other Port in Cumberland Magazines of Arms Ammunition Powder and Victuals shall be provided to be Transported into the next convenient Ports of Ireland as the Occasions of that Kingdom shall require Resolved c. That all Arms Ammunition and Powder in the Magazine at Hull Except such a proportion of Powder Bullet and Match as shall be thought fit for Supply of the Northern Counties as Occasion shall require be Transported to the Tower of London Resolved c. That a convenient Number of Engineers and Gunners shall be sent into Ireland Resolved c. That a Post shall be set up between Beaumarish and Holy-head Resolved c. That it be referred to the Kings Councel to consider of some fit way and to present it to the Houses for a Publication to be made of Rewards to be given to such as shall do Service in this Expedition into Ireland and for a Pardon of such of the Rebels in Ireland as shall come in by a time limited and of a Sum of Money to be appointed for a Reward to such as shall bring in the Heads of such principal Rebels as shall be nominated Resolved c. That Letters shall be forthwith sent to the Justices in Ireland to acquaint them how sensible this House is of the Affairs in Ireland and what Care they have taken for the Occasion of Ireland Resolved c. That the House of Commons holds it fit that a Drum shall be forthwith beaten for the calling in of Volunteers for this Service for Ireland Ordered That Directions be given for the Drawing a Bill for the Pressing of Men for this particular Service for Ireland and Mr. Serjeant Wild is desired to prepare a Bill for that purpose Ordered That the 11000 l. in ready Cash in the Chamber of London shall be forthwith paid over to the Lord Lieutenant of Ireland for the present Occasions of that Kingdom and that the Commissioners and Treasurers appointed in the Act grant forth their Warrants and Orders accordingly Ordered That the Officers and Customers of the several Ports of this Kingdom towards Ireland do make diligent Search in all Trunks and other Carriages that come to be Transported from England to Ireland that belong to any Papist or suspected person and particularly that those Trunks sent by Exeter shall be stayed and searched Ordered That the Committee for Irish Affairs of the House of Commons shall propound to the Committee of Lords to prepare Heads to be considered of how and in what manner this Kingdom shall make use of the Friendship and Assistance of Scotland in this business of Ireland After this the Lord Bishop of Lincoln acquainted the House with a draught of a Declaration to be sent into Ireland to the Lords Justices with a Letter from the Speakers of both Houses of Parliament which was read in haec verba The Declaration THe Lords and Commons in this present Parliament being advertized of the dangerous Conspiracy and Rebellion in Ireland The Declaration of the English Parliament about the Irish Rebellion by the treacherous and wicked Instigation of Romish Priests and Jesuits for the bloody Massacre and Destruction of all the Protestants living there and other his Majesties Loyal Subjects of English Blood though of the Romish Religion being antient Inhabitants within several Counties and Parts of that Realm who have alwayes in former Rebellions given Testimony of their Fidelity to this Crown and for the utter depriving of his Royal Majesty and the Crown of England from the Government of that Kingdom under pretence of setting up the Popish Religion have thereupon taken into their Serious Consideration how these Mischievous Attempts might be most Speedily and Effectually prevented wherein the Honour Safety and Interest of this Kingdom are most nearly and fully concerned Wherefore they do hereby Declare That they do intend to serve his Majesty with their Lives and Fortunes for the Suppressing of this Wicked Rebellion in such a way as shall be thought most Effectual by the Wisdom and Authority of Parliament And thereupon have ordered and provided for a present Supply of Moneys and raising the number of 6000 Foot and 2000 Horse to be sent from England being the full proportion desired by the Lords Justices and his Majesties Councel Resident in that Kingdom with a Resolution to add such further Succours as the Necessity of those Affairs shall require They have also resolved of providing Arms and Munition not only for those Men but likewise for his Majesties Faithful Subjects in that Kingdom with Stores of Victuals and other Necessaries as there shall be occasion and that these Provisions may more conveniently be Transported thither they have appointed Three several Ports of this Kingdom that is to say Bristol West-Chester and one other in Cumberland where the Magazines and Store-Houses shall be kept for the Supply of the several Parts of Ireland They have likewise Resolved to be humble Mediators to his Majesty for the Encouragement of those English or Irish who shall upon their own Charges raise any number of Horse or Foot for his Service against the Rebels that they shall be honourably rewarded with Lands of Inheritance in Ireland according to their Merits and for the inducing the Rebels to repent of their wicked Attempts they do hereby commend it to the Lord Lieutenant of Ireland or in his absence to the Lord Deputy or Lords Justices there according to the Power of the Commission granted them in that behalf to bestow his Majesties Gracious Pardon to all such as within
a Convenient time to be declared by the Lord Lieutenant Lord Deputy or Lords Justices and Councel of that Kingdom shall return to their due Obedience the greatest part whereof they conceive have been seduced upon false Grounds by cunning and subtile Practices of some of the most malignant Rebels Enemies to this State and to the Reformed Religion and likewise to bestow such Rewards as shall be thought fit and published by the Lord Lieutenant Lord Deputy or Lords Justices and Council upon all those who shall arrest the persons or bring in the Heads of such Traytors as shall be personally named in any Proclamation published by the State there And they do hereby Exhort and Require all his Majesties loving Subjects both in this and that Kingdom to remember their Duty and Conscience to God and his Religion and the great and Eminent Danger which will involve this whole Kingdom in General and themselves in Particular if this abominable Treason be not timely suppressed and therefore with all Readiness Bounty and Chearfulness to confer their Assistance in their Persons or Estates to this so important and necessary a Service for the Common Good of all The Letter to be sent along with this Declaration was in these words MY Lords Justices The Letter from the Speakers of both Houses to the Lords Justices of Ireland and the rest of his Majesties Council of his Majesties Kingdom of Ireland I have received a Command from the Lords House in this present Parliament to send unto you this inclosed Declaration of the Lords and Commons in Parliament for the better Encouragement of his Majesties Faithful Subjects to unite and imploy themselves in opposing and suppressing the Rebels of this and that Kingdom the publishing whereof I am to commend to your Care and Wisdom and rest c. The Resolutions being again read over the House consented to them and ordered the Lord Keeper to take Care to see them sent to Ireland as also to send Copies of them to his Majesty that he may see the Care of his Parliament in his absence concerning the Affairs of Ireland The Lord Admiral was also Ordered to give Command for the stoping of the Posts towards Ireland Order to stop the Posts towards Ireland upon such as are now going from Flanders into the Kingdom of Ireland It was also Ordered Order to take Care to guard the City against Tumults That the Lord Chamberlain of his Majesties Household Captain General of the South Parts of this Kingdom during his Majesties being out of this Kingdom shall give Order to the Lord Mayor of the City of London to safe guard the said City as there shall be Cause against all Tumults and Disorders that shall happen in or about the said City and the Liberties of the same upon any occasion whatsoever In the Commons House it was upon the Question Resolved That the Conference with the Lords shall be renewed concerning the securing of the Persons of Papists It was also Ordered That a Warrant be drawn to pass both Houses to the Master of the Ordnance for the delivery of the Arms and Powder and Ammunition at Carlisle to the Lord Lieutenant of Ireland or such as he shall appoint This day the Lord Keeper signified to the House of Lords Friday Novemb. 5. That he had received a Letter from the Lord Howard at Edenburgh dated the 30th of October 1641 which was commanded to be read the Effect whereof was THat meeting with the Instructions of the Parliament beyond Anwick in his return to London his Lordship and Mr. Fiennes returned back again to Edenburgh to present them to his Majesty which having done his Majesty told them That for the Business of Barwick be hoped by this time the Parliament had received Satisfaction Concerning the Rebellion in Ireland his Majesty upon the first Notice thereof moved the Parliament of Scotland to take this business into Consideration which accordingly they did and appointed a Committee for this very purpose which made Report whereof a Copy is Enclosed together with a Ratification thereof in Parliament wherein they have testified their Affection and respect to this Kingdom The Report of the Committee in the Parliament of Scotland Rege praesente 28 Octobris 1641. HIS Majesty produced a Letter written to him by the Lord Viscount Chichester anent some Commotions in Ireland The Resolutions of Scottish Parliament concerning the Irish Rebellion which was publiquely read in Audience of the Kings Majesty and Parliament And his Majesty desired that some may be appointed to think upon the Business so far as may concern his Majesty and the Kingdom And the Estates nominated the Lord Chancellor Lord General Lord Lothian Lord Amond the Lardis of Wedderburn Kinhault and Murthill the Commissioners of Edinburgh Glascow and Aire to think upon some Course necessary to be done anent the said Letters and what is incumbent to be done by this Kingdom thereupon and Report again to the Parliament To meet in the General his House this Afternoon at two Hours 28 Octobris 1641. This Day in the Afternoon the Committee above nominated appointed for taking into Consideration the Report of the Commotions in Ireland being met in the Lord Generals House and having read the Letter directed to the King's Majesty from the Lord Chichester Dated at Belfast the 24th of October 1641 hath Considered That his Majesty out of His Wisdom and Royal Care of the Peace of His Kingdoms hath already acquainted the Parliament of England with the Intelligence from Ireland and has sent to Ireland to know the certainty of the Commotions and of the Affairs of that Combination which till it be perfectly known there can be no particular Course taken for Suppressing thereof and the Kingdom of Ireland being dependant upon the Crown and Kingdom of England the English may conceive Jealousies and mistake our Forwardness when they shall hear of our Preparations without thair Knowledg in this whairin they are first and more properly concerned And if the Insurrections be of that Importaince as the British within Ireland are not Powerful enough to Suppress it without Assistance of greater Forces * * Scotish for than nor thair Allies and that his Majesty and Parliament of England shall think our Aid necessary to joyn with thaim We conceive That the Assistance which we can contribute may be in readiness as soon as England and if after Resolution taken by his Majesty with Advice of both Parliaments it shall be found necessary that we give our present Assistance we shall go about it with that speed which may Witness our dutiful Respects to his Majesties Service and our Affections to our Brethren his Majesties Loyal Subjects of England and Ireland 29 Die Octob. 1641. Read in Audience of his Majesty and Estates of Parliament ad futuram rei memoriam as ane Testimony of their Affections to his Majesties Service and the Good of the Neighbor Kingdoms and appoints thrie of the Baronis