hearty and kind Affections to my People in general and to this City in particular as can be desired by loving Subjects The first I shall express by governing you all according to the Laws of this Kingdom and in maintaining and protecting the true Protestant Religion according as it hath been Established in my two famous Predecessors times Queen Elizabeth and My Father * * Too Prophetically spoken and this I will do if need be to the hazzard of My life and all that is dear unto Me. As for the City in Particular I shall study by all means their prosperity And I assure you I will singly grant those few reasonable demands you have now made unto me in the Name of the City and likewise I shall study to re-establish that flourishing Trade which now is in some disorder amongst you which I doubt not to effect with the good assistance of the Parliament One thing I have thought of as a particular Affection to you which is to give back unto you freely that part of London-Derry which heretofore was Evicted from you This I confess as that Kingdom is now is no great Gift but I hope first to recover it and then to give it to you whole and intirely And for the Legal part of this I command you Mr. Recorder to wait upon me to see it punctually performed I will end as I began to desire you Mr. Recorder to give all the City thanks in better Expressions than I can make Though I must tell you it will be far short of that real contentment I find in my heart for this real and seasonable Demonstration of their Affections to me Sir Richard Gurney the L. Mayor and the Recorder Knighted His Majesty having ended this gracious Speech was pleased to confer the honour of Knighthood upon the Lord Mayor and Mr. Recorder with the City Sword and both their Majesties gave them as also the Aldermen City Council and Officers the honour of kissing their Royal hands This Ceremony being over His Majesty and the Prince alighted out of the Coach and took their Horses the Queen Duke of York Princess Mary Prince Elector and the Dutchess of Richmond still remaining in their Coaches In the mean time by the care and pains of the two Captains of the Companies and of the three Marshals that were appointed for this days Service the 500 Horse-men of the Liveries and their Attendants were brought in Order and the Command being given faced about in order to the conducting of their Majesties into London which brave appearance gave great satisfaction to His Majesty and the rest of that Illustrious Company The whole Cavalcade was Marshalled in this Order The City Marshall The Sheriffs Trumpeters The Sheriffs Men. Messengers of the Chamber Citizens in their Velvet Coats and Chains The City Councel and Officers The Aldermen The Princes Trumpeters The King's Trumpeters Gentlemen of the Privy Chamber Knight Marshal Pursivants at Arms. The Lord Chief Justice of the Common-Pleas being a Knight of the Privy Council Barons Lord Goring Lord Coventry Lord Fielding Lord Digby Lord Moubray Viscount Conway Heralds Earls Earl Rivers Earl of Bath Earl of Cumberland Earl of Essex L. Chamberlain of the King's House Duke of Richmond Clarencieux and Norroy Lord Keeper Lord Privy Seal Sergeants at Arms among whom one for the City Quirries and Foot-men The Prince's Highness Quirries and Foot-men Garter The Lord Mayor carrying the Cities Sword by His Majesties special appointment as a grace and favour at this time A Gentleman-Usher daily waiting Lord Great Chamberlain Marquess of Hertford bearing the Sword of State Earl Marshal The King's Majesty The Queens Majesty in her Coach richly Embroydered and with her the Duke of York the Princess Mary and the Prince Elector Marquess Hamilton Master of the Horse leading the Horse of State The Earl of Salisbury Captain of the Pensioners The Gentlemen Pensioners with their Pollaxes all mounted with Pistols at their Saddles The Earl of Holland Lord General beyond Trent and after him Viscount Grandison with many other principal Commanders in the late Northern Expedition After them divers Ladies and other Persons of Great Quality The Yeomen of the Guard In this Order they marched towards London and entred the City at Moor-gate where their Majesties were welcomed with a noise of Trumpets appointed to attend there to that purpose from which place to Bishops-gate and so through Corn-hill to St. Laurence Lane's End in Cheap-side the Companies in their Liveries stood on the left hand as their Majesties passed by the Rails of the Standings being covered with Blew Cloth and the Standings themselves being richly adorned with Banners Ensigns and Pendants of the Arms of each Company respectively Nine Companies of the Twelve standing in the Morning the Lord Mayor's Company beginning against St. Laurence Lane's End and the other Eight in their Order towards Bishops-gate the rest of the way to Moorgate being supplied by some of the inferiour Companies the outsides of the Houses all the Way their Majesties passed being adorned with rich Tapestries On the North side of the Street four Foot distant from the Houses were Rails placed to regulate and keep the People in good Order from Bishops-gate to Corn-hill and so to Temple-Bar at the beginning of which Rails viz. at Bishopsgate by the direction of the 2 Captains and 3 Marshals the first Horse-men of the Liveries began to make a Stand the first Rank of them placing themselves single faced to the Liveries that were in the Standings and the rest passing along placed themselves in the same Order The Trumpets and Pendants of each Company standing in the Front and then the Companies themselves the youngest being next to the Pendant and so upwards by Seniority to the Master of the Company who took his place last Then began the Pendant and Youngest of the next Company to make their Stand and so in Order till they came to St. Laurence Lane's End there being five Foot distance from one Horse to another in which space stood each Horse-man's Foot-man with a Truncheon in his hand so making a Guard for their Majesties and the rest of the Train to pass through And it fell out that most of the Companies of Horse were placed right against their own Companies in the Standings The People that were Spectators in the Streets were bestowed part behind the Horse and part behind the Liveries and by this good Order their Majesties and the whole Train passed quietly and without the least interruption Their Majesties coming along Corn-hill seven Trumpets that were in the Clock-house of the Royal Exchange gave their second welcom into the City and as they passed along the Conduit in Corn-hill and the great Conduit in Cheapside ran with Claret Wine to express the Liberality of the City for that Joyful Day And all the Way as their Majesties passed along the Streets resounded again with the Loud and Joyful Acclamations of the People crying God bless and long
whatever opinion others may have of such half-faced Historians I cannot conceive but that even the Cause of Protestancy which these Persons pretend so much to Patronize does extremely suffer by their manifest Partiality There is not any one particular which hath been Exaggerated with more vehemence then the Cruelty of the Rebels by Sir John Temple Dr. Borlase and others and doubtless their Cruelty was strange and barbarous but then on the other side there is not the least mention of any Cruelty exercised upon the Irish or of the hard measure they received from some of the Board in Ireland who were of the Parliamentarian Faction and Scottish Religion which rendred them desperate and made the Rebellion Universal they take no notice of the Severities of the Provost Martials nor of the Barbarism of the Soldiers to the Irish which was such that I have heard a Relation of my own who was a Captain in that Service Relate that no manner of Compassion or Discrimination was shewed either to Age or Sex but that the little Children were promiscuously Sufferers with the Guilty and that if any who had some grains of Compassion reprehended the Soldiers for this unchristian Inhumanity they would scoffingly reply Why Nits will be Lice and so would dispatch them And certainly as to acknowledge an undeniable Truth does in no manner Excuse the barbarous Cruelty of the Rebels so to deny or smother Matters of Fact so easily to be proved even by many Protestants still alive has given the Papists the advantage to bring into Question especially in Foreign Courts and Countries the truth of all those inhumane Cruelties which are charged upon them by such Writers as are found Guilty of such manifest Partiality It is most evident that the Lords Justices Parsons and Borlase did by their Authority Command many things which did not only Exasperate but render the Irish Desperate as will appear by several of their own Letters and publick Acts of State and that in the first Eruption of the Rebellion they had a greater Eye to the Forfeitures of the Rebels Estates then to use such means as might by the hopes of Pardon induce the better sort of the Nobility Gentry and Freeholders to hear Reason and to come in and submit themselves to His Majesties mercy though they had express direction from the King and the Two Houses so to do and it is no less notorious that Sir John Temple in writing his History was bound by Confederacy to assert the proceedings of the then Lords Justices and I cannot find him high in Reputation with the prevailing Usurpers of the Parliamentarian Faction and by them impowered as a Commissioner to impose upon the Protestant Subjects of Ireland that Traiterous Disloyal and Detestable Solemn League and Covenant which was a direct Oath of Confederacy not only against but purposely to Ruin and Destroy the King the Church and the Loyal Party I cannot observe his Book to be Printed in London by publick Allowance in the Year 1646 at a time when no Books were licensed but such as made Court to the prevailing Faction of the Usurpers or which might be helpful to support their Calumnies against His Majesty especially as to the Irish Rebellion I cannot find him decrying the Cessation of 1643 without too just a suspition of his Integrity and that his Biass was too strong to that Party to which he was a Confederate to expect from him an account of those Affairs without the apparent Guilt of prejudice and partiality The late Earl of Orrery cannot escape the like suspition with any Person that considers him Exercising the Talent of his Eloquence in perswading the notorious Rebel Cromwel to Establish his Usurpation by fixing the Royal Diadem the Imperial Crown of these Realms upon his infamous Head nor is it possible to look upon him as an impartial Writer who in the blackest of times rendred himself by his Services to the Usurper so notoriously Conspicuous to the Three Kingdoms being during that gloomy Scene of our Gracious Sovereign's Banishment Lord President of Munster in Ireland President of the Council of Scotland and in England a Lord of the other House in one of the Usurpers mock-Parliaments and to instance in another of his Titles thô not so Illustrious he was Agent for the Fanatiques Established by Cromwel in the Estates of the Irish who repenting of their folly had served His Majesty against the English Rebels at that time when he writ that Treatise which is so warmly answered by Peter Walch As for Dr. Borlase besides the nearness of his Relation to one of the Lords Justices and his being openly and avowedly a favourer of the Faction and the Men and Actions of those times he is an Author of such strange inconsistency that his Book is rather a Paradox then a History and it must needs be so for I know not by what accident the Copy of a Manuscript written by the Right Honorable the late Earl of Clarendon happening to fall into his hands he has very unartfully blended it with his own rough and unpolished heap of Matter so that his Book looks like a curious Imbroidery sowed with coarse thread upon a piece of Sackwebb And truly had he no other Crime but that of a Plagiary it is such a sort of Theft to steal the Child of anothers Brain that may very well render him suspected not to be overstockt with Honesty and Justice so necessary to the Reputation of an unblemished Historian but it is far more unpardonable to castrate the Lawful Issue of another Man's Pen and thereby disable it from propagating Truth and to teach it to speak a Language which the Parent never intended And yet this is the exact Case of Dr. Borlase's History in which he has taken great Pains to expunge some and alter many Passages which he thought were too poignant against his Favourites or spoke too much in Vindication of his late Majesty and his Ministers as in divers particulars hereafter the Reader will observe The World is threatned with a History from another hand which when ever it comes will lie under the same disadvantages with these former Authors and if it may be prejudged by a Specimen already made Publick it will not be very fortunate in the World nor fail of being Sifted and Exposed if it does deserve it by straying from the Road of Truth and leading the World into the Crooked Meanders of Erroneous Partiality And now having given an account how sensible I am of the mistakes and failings of those who have travailed before me in these Irish Transactions I am to acquaint the Reader that my Intention is to Winnow the truth out of their Writings but not to follow them further then good Authority concurring with them shall incourage me and that I have no intention to disclaim any thing in them but such things as are either mistaken or misrepresented in matter of Fact or Written with the strong bent of Partiality purposely
and Goodness My Lords they are the Beauty of the Soul they are the Perfection of all created Natures they are the Image and Character of God upon the Creatures This Beauty Evil Spirits and Evil Men have lost but yet there are none so wicked but they desire to march under the shew and shadow of it though they hate the reality of it This unhappy Earl now the Object of your Lordships Justice hath taken as much care hath used as much cunning to set a face and countenance of Honesty and Justice upon his Actions as he hath been negligent to observe the Rules of Honesty in the Performance of all these Actions My Lords it is the greatest baseness of Wickedness that it dares not look in his own Colours nor be seen in its natural Countenance But Virtue as it is amiable in all respects so the least is not this That it puts a Nobleness it puts a Bravery upon the Mind and lifts it above Hopes and Fears above Favour and Displeasure it makes it always uniform and constant to it self The Service Commanded me and my Colleagues here is to take off those Vizards of Truth and Vprightness which hath been sought to be put upon this Cause and to shew you his Actions and his Intentions in their own natural Blackness and Deformity My Lords He hath put on a Vizard of Truth in these words wherein he says That he should be in his Defence more careful to observe Truth than to gain Advantage to himself He says He would endure any thing rather than be saved by Falshood It was a noble and brave Expression if it were really true My Lords He hath likewise put on the Vizard of Goodness on his Actions when he desires to recite his Services in a great many Particulars as if they were Beneficial to the Common-wealth and State whereas we shall prove them Mischievous and Dangerous It is left upon me My Lords to take off these Vizards and Appearances of Truth and Goodness in that part of his Answer which is the Preamble And that I shall do with as much Faithfulness and Brevity as I can 1. The First thing My Lords that I shall observe in the Preamble is this That having recited all those great and honourable Offices which he hath done under his Majesty he is bold to affirm That he hath been Careful and Faithful in the Execution of them all My Lords If he might be his own Witness and his own Judge I doubt not but he would be Acquitted It is said in the Proverbs of the Adulterous Woman That she wipes her mouth and says she had done no Evil. Here is a wiping of the mouth here is a verbal expression of Honesty But My Lords the foulness and unjustness will never be wiped off neither from his Heart nor from his Actions I mean for the time past God may change him for the time to come That is the first thing I observe 2. My Lords In the second place out of his Apologetical Preamble I shall observe this He doth magnifie his own Endeavours in five particulars 1. That he hath Endeavoured the maintenance of Religion I may miss in words I shall not miss in sense 2. That he hath Endeavoured the Honour of the King 3. The Encrease of his Revenue 4. The Peace and Honour and Safety of the Kingdom 5. The Quiet and Peace of the People These are his five particulars and I shall give a short Answer to every one of them 1. For Religion My Lords we say and we shall prove that he hath been diligent indeed to favour Innovations to favour Superstitions to favour the Incroachments and Vsurpations of the Clergy But for Religion it never received any advantage by him nay a great deal of hurt 2. For the Honour of the King My Lords We say it is the Honour of the King that He is the Father of His People that He is the Fountain of Justice and it cannot stand with His Honour and Justice to have His Government Stain'd and Polluted with Tyranny and Oppression 3. For the Encrease of His Revenue It is true there may be some Addition of Sums but we say There is no Addition of Strength nor Wealth because in those parts where it hath been increased this Earl hath taken the greatest share himself And when he hath spoiled and ravined on the People he hath been content to yield up some part to the King that he might with more security enjoy the rest 4. For the Strength and Honour and Safety of the Kingdom My Lords In a time of Peace he hath let in upon us the Calamities of War Weakness Shame and Confusion 5. And for the Quiet of the Subjects he hath been an Incendiary he hath Armed us amongst our selves and made us weak and naked to all the World besides This is that I shall answer to the second Head of his Apology 3. The Third is this My Lords That by his means many good and wholesome Laws have been made since his Government in Ireland Truly My Lords if we should consider the particulars of these Laws some of them will not be found without great Exception But I shall make another Answer good Laws nay the best Laws are no advantage when Will is set above Law when the Laws have force to bind and restrain the Subject but no force to Relieve and Comfort him 4. He says in the Fourth place He was a means of calling a Parliament not long after he came to his Government My Lords Parliaments without Parliamentary Liberties are but a fair and plausible way into Bondage That Parliament had not the Liberties of a Parliament Sir Pierce Crosby for speaking against a Bill in the Commons House was sequestred from the Council-Table and Committed to Prison Sir John Clotworthy for the same Cause was threatned that he should lose a Lease that he had Mr. Barnewell and two other Gentlemen were threatned they should have Troops of Horse put upon them for speaking in the House Proxies by dozens were given by some of his Favourites And My Lords Parliaments coming in with these Circumstances they be Grievances Mischiefs and Miseries no works of Thanks or Honour 5. The Fifth is That he hath been a means to put off Monopolies and other Projects that would have been Grievous and Burdensome to the Subjects if he had hated the Injustice of a Monopoly or the Mischief of a Monopoly he would have hated it in himself he himself would have been no Monopolist Certainly My Lords It was not the love of Justice nor the Common Good that moved him And if he were moved by any thing else he had his Reward It may be it was because he would have no man gripe them in the Kingdom but himself his own Harvest-Crop would have been less if he had had sharers It may be it was because Monopolies hinder Trade he had the Customs and the benefit of the Customs would have been less when we know the
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
voluntarily Sir Hugh Cholmley deposed Sir Hugh Cholmley That of those who staid with my Lord Strafford and joyned in the latter Petition they took a Note of above twenty that the Countrey had an opinion of that they were Papists or men affected that way but whether convict or not he could not tell After some little time of Recollection the Earl made his Defence The Earl's Defence That as to the Petition whereas they were to meet together and he having some poor Interest in the Countrey and not being made acquainted with the drawing of it but it was done privately he appeals to their Lordships whether he who was made a Stranger to the beginning of it should be over officious to serve them in the Conclusion he acknowledges he did disadvise the Clause about Petitioning for a Parliament not out of aversion to Parliaments for he told them at the meeting of the Great Council his Majesty would be pleased to call a Parliament and that their Petition would neither further nor hinder it and therefore might be forborn and the King left free in his Acts of Grace to his People that he might have all the Honour of it to himself and it should proceed from his own Goodness and Royal Breast not as advised to it by any others thereby to apply the Affections and Gratitude of the People to his Majesty As to the second Message and raising a Tax without lawful Warrant he said That on Debate of the business of 200 present not above 3 or 4 Dissented but that they did totally lay aside the Petition and gave him Commission to signifie to his Majesty how willing they were to contribute a Months pay to the Train Bands which he did faithfully deliver and named divers who gave their consent who were free from the imputation of Popery as any in the County To this Sir Paul Neal was Examined Sir Paul Neal. Who attested it was according to the Account his Lordship had given that if he thinks 200 Gentlemen Except 4 or 5 he dares swear not 10 the whole Vote of the Company was that it should be delivered according to the substance of the Petition the last Clause left out Sir Edward Osborn averred Sir Edward Osborn That all but about Ten did consent to a Months pay and to leave out the Clause and not above 4 or 5 Gentlemen opened their mouths against this consent in words their hearts he knows not Sir William Pennyman attested the same Sir William Pennyman And that divers who had set their hands to the Petition did retract it himself for one and several Members of the House whom he would name if their Lordships thought fit but it was waved and as Sir Edward Osborn said before the Crowd was so great that at the delivery of the Message by my Lord to the King he could not come near to hear whence my Lord observed it was not done in a Corner when Persons of their quality could not come near Sir William Savil attested the same Sir Will. Savil. In effect as to retracting the Petition the number of Dissenters and that my Lord delivered it in his hearing faithfully to his Majesty and with much more advantage then the Petition was drawn and that he believes verily a months pay was the intention of them all and where he lived it was paid very willingly and no complaints of want of Money Sir William Pennyman Sir Edward Osborn attested to that point Sir Edward Rhodes attested much to the same purpose Sir Ed. Rhodes And that the Hall being appointed for the place of Debate of this Affair My Lord Strafford took notice that he was not fairly dealt with to have a Petition drawn without his consent and the business concluded before the time and out of the place appointed and that of 3000 Gentlemen he thinks not so many as 20 did disassent Sir Thomas Danby attested the same Sir Tho. Danby only upon Mr. Maynard's question Whether two Soldiers were not hang'd for mutinying for want of pay which they would not have done if they had been well paid Sir Thomas answered he could not speak to that without prejudice to himself he being questioned for hanging men by Martial Law Sir George Wentworth of Woolley attested the same As to retracting the Petition Sir George Wentworth and my Lords delivering it by word of mouth c. My Lord then proceeded to the matter of Sir William Pennyman's Warrant and declared That upon the complaint of those who maintained the 2 Regiments at Yarum and Richmondshire desiring that common Justice might be done in the common misfortune he did divers of the Lords being at Rippon humbly present to the King and great Council of Peers at York That it was Justice and Reason that the rest of the Countrey should contribute towards the Charge for the common benefit or else successively relieve those Regiments this he moving his Majesty was pleased to assent and gave direction he should proceed upon which he said Then if my Lords approve of it I shall see it done accordingly That divers of the Lords said Yes and he took it for granted but understanding that some of their Lordships at Rippon were dissatisfied that it was said to be the Act of the Great Council the last day they met he gave an account of it and moved the King to know whether the Warrant should be recalled and some Lords saying the Great Council had no power to Levy money to which he answered the Warrant was not to levy money but to enjoyn the Parties to do their Duties or pay the money at which time the King was pleased to Command him to go on and no person spake to the contrary which he took for consent that all he got by it was to have his own Tenants charged who otherwise would not have paid a Farthing and that it was done for the ease of the Countrey and so taken it being much more for their Ease to pay that money then to relieve those Regiments some of them being to march 70 Miles Sir Edward Osborn Sir William Pennyman and Mr. Roger Strickland attested this and that by all parties it was look't upon as an Ease and Benefit As for Sir Edward Osborn 's Warrant and Mr. Yoward 's and the Musketteers he made no Warrant gave no directions But he conceives he hath done nothing but what he was impow red by his Commission a Clause of which was For the better Execution of this our Commission We do further give and grant to you full power and Authority from time to time and at all times at your discretion to command and require of and from all our Lieutenants and Deputy-Lieutenants in our several Counties of this our Realm and Dominion of Wales and of and from every or any of them to send to you or such place as you shall appoint such number of able men for War as well Horsemen as Foot-men in
Sure I am it is both the Practice of England and Ireland and hath alwayes and at all times been practised and used and is only for the preventing of Fraud and Deceipt in Merchants by not paying the King's Duties and Customs The 15th is Answered already I hope The 16th doth Charge upon me certain Propositions I made before I went into Ireland And in good Faith my Lords you may see how short-sighted men may be to their own Actions for I did very well believe I should never have reaped any thing from those Propositions but Thanks I am sure they were well received then when they were offered to His Majesty and the Council and I must truely Confess I never thought they should be objected against me as a Fault My Lords The Proposition was That no man should be allowed to Complain of Injustice or Oppression in Ireland unless he first addressed himself to the Deputy My Lords there was no Original Intent but only to prevent Clamours and Unjust Vexations of the King's Ministers there that after men had received Judgment of the King's Courts they might not presently come and by Clamours call over a Chief Justice or a Chancellor or President to Answer here and be at charge of five or six hundred pounds unless they acquaint the Deputy with it that they might be righted in the place and this is Charged against me as a great Crime Truly My Lords I shall Confess and Amend any thing and trust other Judgments rather than mine own but I see not how this can Charge me as intending to subvert the Laws of the Land but rather to preserve them The other concerns a Proclamation That none shall depart the Kingdom without License My Lords for that I have shewed that no man out of that Kingdom can come without License but upon very great Penalties I have shewed likewise it was the desire of their own Agents some 15 or 16 years since That there might be such a Restraint and none might come over without License I have shewed you likewise the Instructions to my Lord of Faulkland by which he was Commanded in persuance of that Desire that none should come over without his License I have shewed the express Command of His Majesty to me to have it so I have shewed you likewise the Reasons of State why it should be so to prevent that practice and Intelligence which might otherwise arise betwixt them of that Nation serving under Tir-Counell and O Neale and likewise to prevent the going over and Transplanting the Prime Nobility and Gentry to Seminaries and other such places there to be brought up and therefore in reason of State it is a Restraint and ought so to be But having these grounds of Law Warrant Practice Former Instruction and all Why this should be brought to me in particular Charge to Convince me of endeavouring the Subversion of the Laws I must submit to your Lordships My Lords There is in the latter part of this another Charge concerning the Sentencing of one Parry who was Sentenced as I conceive very Justly and I have no more to answer for in that Sentence than any of the rest having but a single Voice and that I should answer for all I confess is something hard But there is no manner of Testimony in the World in this save the Testimony of Parry himself Now if Parry the Man offended his Testimony shall be taken against the Judge I know no Man can be safe and other Testimony is not offered and therefore I trust that that will easily fall off of it self The 17th is likewise waved and is in Truth of no great Consequence one way or other and therefore I shall give no other Answer to it It was well waved and had been as well left out having no great matter in it The 18th is likewise waved but it is that which sticks very heavy upon me and wherein I find my self as much afflicted as in any one part of the Charge For my Lords here I am Charged up and down to endeavour to draw upon my self a Dependance of the Papists in both Kingdoms of Ireland and England and that I have during the time of my Government restored diverse Mass-Houses in Dublin and elsewhere that have been by Precedent Deputies taken away I am likewise Charged to have drawn to my self a Dependance of the Irish Army Eight Thousand all Papists and likewise to have miscarried my self in a Commission intrusted with me before my going into Ireland concerning Compositions for Recusants This is a very heavy and grievous Charge and hath raised a great deal of Ill Opinion against me in the World to be a Favourer and Contriver with Papists and I know not whom against the Religion I profess a Greater and Fouler Crime there cannot be against God or Man and yet this goes in Print all over the World and when it comes to the Point here is no Proof nor any part of the Charge made good And therefore since it is not made good by the Charge I humbly desire I may be vindicated in your Lordships Noble Opinions and the Opinions of all that hear me that I am in my Religion what I ought to be and that which I will Dye in and Maintain against all the World And I am so far from Contriving any thing to the hinderance of it that if God give me life I will serve it and prevent any inconvenience to it and my Religion and Duty to God is so Dear and precious to me that there is nothing in this World but I shall lay it down as Straw and Stubble under my feet and trample upon it rather then in any kind forfeit that but in the mean time I suffer and must be content My Lords The next is the 19th Article and that was for framing a New and Unusual Oath which the Scots did take in Ireland to give Pledges of their Allegiance to the King I have shewed you for that that the Oath was framed by the King 's express Command in January before the Oath was given which was I think in May. And I did then humbly conceive it lawful for me so to do being only to take from them a Pledg of their Allegiance to the King I confess I conceived such an Oath might have been lawfully Administred to the People and shewed that the same Oath was Administred here in England to those of that Nation I shewed that it was taken in Ireland voluntarily And I humbly represent to your Lordships the time when this Oath was required when the King and both the Armies were in the Field lodged not far from one another And whereas it is said it should oblige the Clergy in Ecclesastical Matters if your Lordships call to mind the very Oath it self clears that Point requiring onely a Temporal Obedience and Allegiance in a time of that Danger and Distraction given by the King 's own Command and to no other purpose And my Lords the Proofs
were the King 's right and due and a great profit was thereby advanced and he trusted to advance it The King must loose of his former Rents in the case of Custom and received a small Rent in the case of Tobacco my Lord himself in the mean time imbursing such vast summs of Money where is then the discharge of his Trust where is his care to advance the King's Rents to increase his Revenue Compare that part of his Answer with this and see what credit is to be given to his affirmation My Lords throughout the passages of his discourse he insinuates and never more than this day with the Peers of the Realm magnifying them almost to Idolatry and yet my Lords when he was in his Kingdom in Ireland and had power over them what respect shewed he then to the Peers of the Kingdom when he judged some to death trampled upon others in misery committed them to prison and seized on their Estates where then was the Peerage he now magnifies And to shew it was an insinuation for his own advantage you may remember when there was an unlawful Act to be committed that is the levying of Money in the North What regard had he then to the Peers of the Kingdom when he comes to justifie and boulster up High-Treason it self under the name and authority of the great Council where most of the Peers of the Realm then were and so by this time I know what credit your Lordships give to his words spoken when he lies under your Mercy and Power but what do I speak of the Peers of the Kingdom and his using of them My Lords he spared not his Soveraign His Majesty in His whole Defence for being charged with offences of a high nature he justifies those offences under the pretence and under the authority of His Majesty our Gracious King and Soveraign even Murther it self in the Case of Denwitt and my Lord Mountnorris Treason it self in the Fifteenth Article by a Command in Ireland and in the Seven and twentieth by a pretended authority from His Majesty in the face of His people he justifies my Lord Mountnorris his sentence by a Letter from his Majesty Denwit's Sentence by a Commission from his Majesty and he read three or four clauses to that purpose My Lords my Lord of Strafford doth very well know and if he doth not know it I have a Witness to produceagainst him which I will not examine but refer it to his own Conscience that is The Petition of Right that the King's Servants are to serve him according to Law and no otherwise he very well knew if an unlawful act be committed especially to a degree of Treason and Murder the King's Authority and Warrant produced is no justification at all So then my Lords to mention the King's name to justifie an unlawful act in that way can do him no good and his own understanding knows it may do the King harm if we had not so Gracious a King that no such thing can do harm unto But my Lords to produce the King's Warrant to justifie his actions under his Patent and Command what is it else but so far as in him lies in the face of his people to raise a cloud and exhale a vapour To interpose betwixt the King and his Subjects whereby the splendor of his Glory and Justice cannot be discovered to his people My Lords what is it else when the people make complaint against the Ministers that should execute Justice of their oppression and slavery and bondage For the Minister when he is questioned to justifie this under the King's Authority what is it I say but as much as in that Minister lies to six this offence to fasten this oppression upon the King himself to make it to be believed that the occasion of these their groans proceeded from his Sacred Majesty yet God be thanked the strength of that Sun is powerful enough to dispel these vapours and to disperse the cloud that he would have raised but in the mean time my Lord is nothing to be excused My Lords he may pretend zeal to the King's Service and affection to His Honour but give me leave not to believe it since when he is questioned by all the King's people and in the face of his people and offences laid to his charge which himself now confesses to be against Law he should justifie it under the King's authority that savours not of a good servant I will say no more My Lords he is charged with exercising a tyrannical power over the King's people and in his Defence your Lordships have often heard and I may not omit it that he shelters himself under the protection of the King's Prerogative though he be charged with Tyranny of the highest nature that may be see then how foul and malignant an aspect this hath My Lords what is it else but to endeavour as much as in him lies to infuse into the King's heart an apprehension that his Prerogative is so bottomless a Gulf so unlimited a Power as is not to be comprehended within the Rules of Law or within the bounds of Government for else why should he mention the Prerogative when he is charged to exceed the Law What is it else but as far as in him lies to make the people believe for I may not forget the words he hath used by his magnifying of the Prerogative that it hath a special stamp of Divinity on it and that the other part of the Government that God pleases to put into the King's hands had not that stamp upon it as if any thing done by one was to be justified by authority derived from Heaven but the other not These expressions your Lordships remember and I may not omit to put your Lordships in mind of them and I can expound them no otherwise than as much as in him lies to make the Subject believe and apprehend that which is the buckler and defence of his protection to be the two-edged sword of his destruction according to the Doctrine he Preached and that that which is the Sanctuary of their Liberty is the Snare and Engine of their Slavery And thus he hath cast a bone of contention as much as in him lay betwixt King and People to make the Subjects loath that glorious Flower of his Crown by fixing a jealousie in them that it may be a means of their Bondage and Slavery But there is so much Piety and Goodness in the King's Heart that I hope upon fair understanding there will be no such occasion but no thanks to the party that so much advanced the Prerogative in the case and condition he stands in to justify that which is laid to his Charge of High Treason My Lords I beseech you give me leave there is no greater safety to King and People than to have the Throne incircled with good Counsellors and no greater danger to both than to have it encompassed with wicked and dangerous ones and yet I
for though it cost him his life he that is in possession thinks it as well worth the keeping John Sparhank in King Henry the Fourth's time meeting two men upon the way amongst other talk said That the King was no rightful King but the Earl of March and that the Pope would grant Indulgencies to all that could assist the Earl's Title and that within half a year there would be no Liveries nor Cognizances of the King that the King had not kept promise with the People but had laid Taxes upon them In Easter-Term in the third year of Henry the Fourth in the Kings Bench Rot. 12. this adjudged Treason this denying the Title with Motives though not implyedly of Action against it adjudged Treason this is a compassing the Kings death How this was a compassing of the Kings Death is declared in the Reasons of the Judgment that the words were spoken with an intent to withdraw the affections of the people from the King and to excite them against him that in the end they might rise up against him in mortem destructionem of the King My Lords in this Judgment and others which I shall cite to your Lordships it appears that it is a compassing the Kings death by Words to endeavour to draw the Peoples hearts from the King to set discord between the King and them whereby the People should leave the King should rise up against him to the death and destruction of the King The Cases that I shall cite prove not only that it is Treason but what is sufficient Evidence to make this good Upon a Commission held the 18th year of Ed. 4. in Kent before the Marquess of Dorset and others an Indictment was preferred against John Awater of High-Treason in the Form before-mentioned for Words which are entred in the Indictment Sub hac forma That he had been servant to the Earl of Warwick that though he were dead the Earl of Oxford was alive and should have the Government of part of that Country That Edward whom you call King of England was a false Man and had by Art and Subtilty slain the Earl of Warwick and the Duke of Clare his Brother without any cause who before had been both of them attainted of High-Treason My Lords This Indictment was Returned into the Kings-Bench in Trinity Term in the Eighteenth year of Edward the Fourth and in Easter-Term the Two and twentieth of Edward the Fourth he was outlawed by the stay of the outlawry so long as it seems the Judges had well advised before whether it were Treason or not At the same Session Thomas Heber was Indicted of Treason for these words That the last Parliament was the most simple and insufficient Parliament that ever had been in England That the King was gone to live in Kent because that for the present he had not the love of the Citizens of London nor should he have it for the future That if the Bishop of Bath and Wells were dead the Archbishop of Canterbury being Cardinal of England would immediately lose his head This Indictment was returned into the Kings-Bench in Trinity-Term in the 18th year of Edward the 4th afterwards there came a Privy-Seal to the Judge to respit the Proceedings which as it should seem was to the intent the Judges might advise of the Case for afterwards he is outlawed of High-Treason upon this Indictment These words are thought sufficient evidence to prove these several Indictments that they were spoken to withdraw the Peoples Affections from the King to excite them against him to cause Risings against him by the People in mortem destructionem of the King Your Lordships are pleased to consider That in all these Cases the Treason was for words only words by private Persons and in a more private manner but once spoken and no more only amongst the People to excite them against the King My Lords here are Words Counsels more then Words and Actions too not only to disaffect the people to the King but the King likewise towards the People not once but often not in private but in places most Publick not by a private person but by a Counsellor of State a Lord-Lieutenant a Lord-President a Lord-Deputy of Ireland 1. To His Majesty that the Parliament had denyed to supply Him a Slander upon all the Commons of England in their Affections to the King and Kingdom in refusing to yield timely supply for the necessities of the King and Kingdom 2. From thence that the King was loose and absolved from Rules of Government and was to do every thing that Power would admit My Lords more cannot be said they cannot be aggravated whatever I should say would be in Diminution 3. Thence you have an Army in Ireland you may employ to reduce this Kingdom To Counsel a King not to Love His People is very Unnatural it goes higher to hate them to Malice them in his heart the highest expressions of Malice to destroy them by War These Coals they were cast upon his Majesty they were blown they could not kindle in that Breast Thence my Lords having done the utmost to the King he goes to the people At York the Country being met together for Justice at the Open Assises upon the Bench he tells them speaking of the Justices of the Peace that they were all for Law nothing but Law but they should find that the Kings Little Finger should be heavier then the Loyns of the Law as they shall find My Lords Who speaks this to the People a Privy-Counsellor this must be either to traduce His Majesty to the People as spoken from him or from himself who was Lord-Lieutenant of the County and President intrusted with the Forces and Justice of those parts that he would Employ both this way Add my Lords to his Words there the Exercising of an Arbitrary and Vast Jurisdiction before he had so much as Instructions or Colour of Warrant Thence we carry him into Ireland there he Represented by his place the Sacred Person of his Majesty First There at Dublin the Principal City of that Kingdom whither the Subjects of that Country came for Justice in an Assembly of Peers and others of greatest Rank upon occasion of a Speech of the Recorder of that City touching their Franchises and Regal Rights he tells them That Ireland was a Conquered Nation and that the King might do with them what he pleased Secondly Not long after in the Parliament 10 Car. in the Chair of State in full Parliament again That they were a Conquer'd Nation and that they were to expect Laws as from a Conqueror before the King might do with them what he would now they were to expect it that he would put this Power of a Conqueror in Execution The Circumstances are very Considerable in full Parliament from himself in Cathedra to the Representative Body of the whole Kingdom The Occasion adds much when they desir'd the Benefit of the Laws and that their Causes and Suits
between the Chair of State and the Lord Keeper's Woolsack and the House of Commons with their Speaker being come up the Clerk of the Parliament delivered the Commission whereunto the Bills were annexed upon his knee Then the Lord Privy-Seal declared to both Houses that his Majesty had an intent to have come himself this Day to have given his Royal Assent to these two Bills but some important Occasions had prevented him and so his Majesty had granted a Commission for giving the Royal Assent which was delivered to the Clerk of the Parliament who carried it to his Table and read it this being done the Clerk of the Crown read the Titles of the Bills and the Clerk of the Parliament pronounced the Royal Assent to them both severally The Bill of Attainder was as follows WHereas the Knights Citizens The Bill of Attainder against the Earl of Strafford passed May the 10th and Burgesses of the House of Commons in this present Parliament assembled have in the name of themselves and of all the Commons of England impeached Thomas Earl of Strafford of High-Treason for endeavouring to subvert the ancient and Fundamental Laws and Government of his Majesties Realms of England and Ireland and to introduce an Arbitrary and Tyrannical Government against Law in the said Kingdoms and for exercising a Tyrannous and exorbitant power over and against the Laws of the said Kingdoms over the Liberties Estates and Lives of his Majesties Subjects and likewise for having by his own Authority commanded the laying and asseising of Soldiers upon his Majesties Subjects in Ireland against their consents to compel them to obey his unlawful Commands and Orders made upon Paper-Petitions in causes between Party and Party which accordingly was executed upon divers of his Majesties Subjects in a Warlike manner within the said Realm of Ireland and in so doing did levy War against the Kings Majesty and his liege people in that Kingdom And also for that he upon the unhappy Dissolution of the last Parliament did slander the House of Commons to his Majesty and did counsel and advise his Majesty that he was loose and absolved from the rules of Government and that he had an Army in Ireland by which he might reduce this Kingdom for which he deserves to undergo the pains and forfeitures of High-Treason And the said Earl hath been also an incendiary of the Wars between the two Kingdoms of England and Scotland all which offences have been sufficiently proved against the said Earl upon his impeachment Be it therefore enacted by the Kings most excellent Majesty and by the Lords and Commons in this present Parliament assembled and by authority of the same That the said Earl of Strafford for the haynous crimes and offences aforesaid stand and be adjudged and attainted of High-Treason and shall suffer such pain of Death and incur the forfeitures of his Goods and Chattels Lands Tenements and Hereditaments of any estate of Free-hold or Inheritance in the said Kingdoms of England and Ireland which the said Earl or any other to his use or in trust for him have or had the day of the first sitting of this present Parliament or at any time since Provided that no Judge or Judges Justice or Justices whatsoever shall adjudge or interpret any Act or thing to be Treason nor in any other manner than he or they should or ought to have done before the making of this Act and as if this Act had never been had or made Saving alwayes unto all and singular persons and bodies politick and corporal their Heirs and Successors others than the said Earl and his Heirs and such as claim by from or under him all such right title and interest of in and to all and singular such of the said Lands Tenements and Hereditaments as he they or any of them had before the first day of this present Parliament any thing herein contained to the contrary notwithstanding Provided that the passing of this present Act and his Majesties Assent thereunto shall not be any determination of this present Sessions of Parliament but that this present Sessions of Parliament and all Bills and matter whatsoever depending in Parliament and not fully enacted or determined And all Statutes and Acts of Parliament which have their continuance until the end of this present Session of Parliament shall remain continue and be in full force as if this Act had not been The Earl understanding that the Bill was passed did humbly Petition the House as follows SEeing it is the good Will and Pleasure of God The Earl of Strafford's Petition to the House of Peers that your Petitioner is now shortly to pay that Duty which we all owe to our frail Nature he shall in all Christian Patience and Charity conform and submit himself to your Justice in a comfortable assurance of the great hope laid up for us in the Mercy and Merits of our Saviour blessed for ever only he humbly craves to return your Lordships most humble thanks for your Noble Compassion towards those innocent Children whom now with his last blessing he must commit to the protection of Almighty God beseeching your Lordships to finish his Pious intention towards them and desiring that the Reward thereof may be fulfilled in you by him that is able to give above all that we are able ask or think wherein I trust the Honourable House of Commons will afford their Christian Assistance And so beseeching your Lordships charitably to forgive all his Omissions and infirmities he doth very heartily and truely recommend your Lordships to the Mercies of our Heavenly Father and that for his goodness he may perfect you in every good work Amen The next day being Tuesday May 11. Tuesday May 11. the King sent this Passionate Letter to the Lords in behalf of the Earl My Lords I Did yesterday satisfie the Justice of the Kingdom The Kings Letter to the Lords concerning the E. of Strafford by passing the Bill of Attainder against the Earl of Strafford but Mercy being as inherent and inseperable to a King as Justice I desire at this time in some measure to shew that likewise by suffering that unfortunate Man to fulfil the Natural Course of his Life in a Close Imprisonment Yet so if ever he make the least offer to escape or offer directly or indirectly to meddle in any sort of publick business especially with me either by Message or Letter it shall cost him his Life without further Process This if it may be done without the Discontentment of my People will be an unspeakable contentment to me to which end as in the first place I by this Letter do earnestly desire your Approbation and to endear it more have chosen him to carry it that of all your House is most dear to me So I desire that by a Conference you will endeavour to give the House of Commons Contentment assuring you that the Exercise of Mercy is no more pleasing to me than to see
Necessity therefore to be used being lawful L. L. Ireland Commission of Array to be put in Execution They are to bring them to the Borders In reason of State you have power when they are there to use them at the King's Pay if any of the Lords can shew a better let them do it Town full of Nobility who will talk of it Obser he will make them smart for it Thus did Ambition and private Revenge disguise themselves under the popular pretence of publique Justice and tenderness for the safety of the Common-wealth The truth is Power and Greatness do always render the Great Ministers of State Criminals to Malice and Envy and of this I will give two remarkable Instances out of the above mentioned Memoirs of the Earl of Manchester When saith he The reason why the Marquess Hamilton and the Lord Cottington escaped the fury of the Faction strickt Scrutiny was made into the Councils and Actions of those who were in greatest Power and Credit with the King divers of the Privy-Council most of the Judges came under the Debate of a Capital or Criminal Impeachment and the very Order of Episcopacy with all its Hierarchy incurred the Odium of Superstitious Pride and Oppression But they who were looked upon as the principal Instruments of those Mischiefs which threatned the Ruine of the Three Kingdoms of England Scotland and Ireland were the Archbishop of Canterbury the Earl of Strafford the Marquiss Hamilton and the Lord Cottington these were of the Juncto where all things of consequence and privacy had been consulted and resolved and these were designed first to be questioned But the Marquiss Hamilton seeing a dark Cloud gathering over his head thought it necessary to seek a timely Shelter and upon consultation with his Friends about the most probable way for preventing of the Clamour of the Commons which might prove a fatal Vote against him he was advised to improve his Interest in the Commissioners of Scotland for he had personally obliged some of them and the rest could not but acknowledge that he had Expressed a great care of his Nations happiness in all those imployments wherein he had been trusted by his Majesty for though he often shewed a great Aversion and activeness against them in their Cause and Quarrel yet in all their Extremities they found him a Friend intending their good He therefore pressed them to intercede for him which they did with earnest solicitations They likewise gave such Engagements for his future Compliance with the Parliaments Designs as he was not only Exempt from all fear of Accusation but he became a Confident in all their private Designs against others and employed his Credit with the King for the obtaining many and great concessions The Lord Cottington could not hope for so powerful an intercession neither durst he rely on his Innocency as Parliament-proof therefore he had recourse to that prudent if not subtle way by stripping himself of his Skin to save his life He knew the Mastership of the Wards was a place of that value and power as probably it might stop the Mouths of his greedy Enemies or else open the hearts of some towards him in a way of Protection and Friendship He therefore declared to the King his condition and propounded the making the Lord Viscount Say and Seal to be his Successor This proved a very successful policy for as soon as this was made known to those who were concerned in their hopes of his place all Criminal Aspersions were laid aside and he gained the advantage of a retired and quiet being Thus far the said Earl in his Memoirs who was no Stranger to the most private transactions of those persons and times The Fall of this lofty Cedar gave not only a general consternation to all the Kings Friends but the greatest encouragement imaginable to the whole Faction who could not dissemble their satisfaction at their having gained so important a point but that it boyled over at the Mouths of the less cautious and more warm of the Party insomuch that I have heard one who was inwardly acquainted among them affirm that one of them as I think Mr. Pym was heard to boast of their success in words to this effect Have we saith he speaking of the Kings passing the Bill of Attainder against the Earl of Strafford got him to part with Strafford then he can deny us nothing And certainly nothing could be of greater disadvantage to his Majesties Affairs then this sacrificing a Great Court Favourite to their Wills rather then to Law or Justice For the whole Nation knew how dear this Great Man was to his Master and the great struglings which the King made if possible to save him and the reluctancy with which he seemed to resign him rather to necessity then reason as it made the victory appear greater so it taught all others of the Kings Friends the greatness of their danger and the impossibility of stemming so strong a Torrent as had wrackt so brave a person as the Earl of Strafford Nor did they think it any disparagement when they saw the King himself stoop to such compliances for them also to bend their Necks And doubtless as nothing can more encourage the Servants and Ministers of any Prince in circumstances and difficulties of this nature than the courage and resolution of the Prince himself so nothing can depress their Spirits comparably to the fear of seeing themselves deserted and left to the Fury and Rage of their Enemies for adhering faithfully to and vigorously prosecuting the Interests of their Master And had his Majesty made use of his Royal Prerogative and refused to Pass the Fatal Bill it could not have happened worse to him then afterwards it did but it might have proved better because they were not then in a condition to Levy a Formal War against him as afterwards they did his Majesty having a very good Army in the North to have Opposed them and had the Earl saved his a Noble and Valiant General to have been at the head of them But to return to the Parliamentary Affairs the Tumults were grown so insolent that his Majesty being sensible of the danger of them sent a Message to the Lords about them Upon which the Lords desired a Conference with the Commons the heads of which the Lord Privy-Seal delivered as follows THat he was commanded from the King to declare to both Houses at a Conference Conference about the Tumults that the People do assemble in such unusual numbers that his Majesty fears the Council and the Peace of the Kingdom may be interrupted and therefore as a King that loves Peace takes care that all Proceedings in the Parliament may be in a fair temperate and peaceable manner It being now time of Parliament his Majesty will not of himself prescribe the way but expects that both Houses upon mutual Conference will advise such a course which may best preserve the quietness of the Kingdom That their
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
the Heirs their Livery in prejudicium impregnaturae This was conceived negotium novum difficile and the King having commanded the Chancellour and Judges to deliver their Opinions in writing they returned Quod non audebant dictum negotium definire nec Domino Regi consulere sine assensu magnatum propter raritatem difficultatem Whereupon day was given to the Parties ad proximum Parliamentum And your Lordships well know the special care that is taken by the Statute of 14 Ed. 3. cap. 5. that such matters as for the difficulty are not fit for the Judges or through eminent delay are not dispatched by the Judges shall be determined in Parliament Not such matters as the parties concerned had rather venture upon your Lordships judgments then upon the Rules and Proceedings of the Law God knows what mischief and confusion may fall out upon that admission there must be such difficulty such delay before that Statute meant your Lordships Justice should be concerned in the resolution I wish these Gentlemen had thought this business a matter of that difficulty as had been fit for such a delay My Lords We come next to the Charge concerning Knighthood Mr. Maleverer appears upon the Process of that Court pleads and submits to his Fine ponit se in gratiam Curiae The Barons refuse to impose any Fine they had no power to do that he must treat with certain Commissioners appointed for that purpose and compound with them Your Lordships have not met in the same Men such contradictions of Crimes who would suspect the same Men in one Charge to have the mettle to Usurp the Power and Exercise the Jurisdiction of the highest Court the Court of Parliament and presently to want the Spirit to do that which was so restrained and peculiar to their places to have done as that none else could do it They had no power to Fine as if the sole business of Sworn Judges in a Court of Law were to summon and call Men thither and then to send them on Errands to other Commissioners for Justice 'T is true the Commissioners of 1 Edw. 1. to Tiptoffe and Berk and since to others were and have been to compound with those who desired to compound not otherwise they had no power to compel any to fine any that trust by the Law was and is only in the Judges so that if this duty were aright to his Majesty and the Persons lyable refuse to compound for ought these Judges can do the King must lose this Duty they can impose no Fine only they have found a Trick which they call the Course of the Court to make his Majesty a saver appear while you will plead what you will submit to the mercy of the Court Issues shall go on still as if you did neither till you have done somewhat that Court will not order you to do nor is bound to take notice of when you have done your Lordships will help us out of this Circle And that you may see how incapable they are of any excuse in this point the very Mittimus out of Chancery gives them express Command amongst other things Vt fines omnium illorum qui juxta proclamationem predict ' ordinem ante predict ' diem suscepisse debuerunt capiatis c. 'T is only worth your Lordships observation this misfortune commonly attends and may it ever those absolute disused Rights that be the thing in it self in a degree lawful the Advisers and Ministers of it so fail in the Execution that as it usually proves as grievous to the Subject so by some Circumstances it proves as penal to the Instruments as if it were in the very nature of the thing against all the Laws of Government I have wearied your Lordships You see in what a dress of injustice subtilty and oppression I am very unwillingly compelled to present these Judges to you if they appear to your Lordships under any other Character of known and confessed learning in the whole course of their lives how far that will aggravate their fault your Lordships must only judge If under the excuse of Ignorance or not much Knowledge in the duty of their places your Lordships will easily conclude what infinite mischief of which your Lordships have no particular Information the Subjects of this Kingdom have suffered in their Lives in their Fortunes under such Ignorance and such Presumption If under the Reputation of Prudence and Integrity in all Cases except these presented to your Lordships your Lordships will be at least of the same opinion that he of Lacedemon was of the Athenians if they carried themselves well when time was and now ill they deserve a double punishment because they are not good as they were and because they are evil as they were not My Lords If the excellent envied Constitution of this Kingdom hath been of late distempered your Lordships see the Causes if the sweet harmony between the King's Protection and the Subjects Obedience hath unluckily suffered interruption if the Royal Justice and Honour of the best of Kings have been mistaken by his People if the Duty and Affection of the most Faithful and Loyal Nation have been suspected by their gracious Sovereign If by these misrepresentations and these misunderstandings the King and People have been Robbed of the delight and comfort of each other and the blessed Peace of this Island been shaken and frighted into Tumults and Commotions into the Poverty though not into the rage of War as a People prepared for Destruction and Desolation These the are Men Actively or Passively by doing or not doing have brought this upon us Misera servitus falsò pax vocatur ubi Judicia deficiunt incipit Bellum My Lords I am Commanded by the House of Commons to desire Your Lordships that these Three Judges may be speedily required to make their Answers to these Impeachments and that such further Proceedings may be had against them as the Course and Justice of Parliament will admit The ARTICLES were as followeth Articles of the House of Commons in the Name of themselves Articles of Impeachment against Judge Davenport July 6 1641. and of all the Commons of England against Sir Humphrey Davenport Knight Lord Chief Baron of His Majesties Court of Exchequer Impeaching him as followeth THat whereas in the Month of October in the fourth Year of His Majesties Reign the Farmers and Officers of the Custom-House having seized great Quantities of Currants being the Goods of Samuel Vassal Merchant and having conveyed them into certain Store-Houses at the Custom-House and detained them because the said Samuel Vassal refused to pay an Imposition of five Shillings six Pence upon every hundred weight of the said Currants pretended to be due upon and demanded by the said Farmers and Officers on his Majesties behalf for the said Currants whereas no such Imposition was due or payable for the same but the said Imposition was and is against the Laws of this Realm And whereas also in
cùm stabis ad aras In tua quod fundi cornua possit erit He hath cropt and infring'd the priviledges of a banish'd Parliament but now it is returned he may find it has power enough to make a sacrifice of him to the better establishment of our Laws And in truth what other satisfaction can he make his injur'd Country then to confirm by his example those Rights and Liberties which he had ruined by his opinion For the proofs My Lords they are so manifest that they will give you little trouble in the disquisition his Crimes are already upon Record the Delinquent and Witness are the same having from several sorts of Judicature proclaimed himself an Enemy to our Laws and Nation Ex ore suo judicabitur To which purpose I am Commanded by the Knights Citizens and Burgesses of the House of Commons to desire your Lordships that as speedy a proceeding may be had against Mr. Justice Crawley as the Course of Parliament will permit The Articles against Mr. Justice Crawley were these Articles of the House of Commons in the Name of themselves and of all the Commons of England against Sir Francis Crawley Knight one of the Justices of His Majesties Court of Common-Pleas impeaching him as followeth 1. The Articles of Impeachment against Judge Crawley THat he about the Month of November Anno 1635. then being one of the Justices of the Court of Common-Pleas and having taken an Oath for the due Administartion of Justice to His Majesties Liege People according to the Laws and Statutes of this Realm subscribed an Opinion in haec verba I am of Opinion That as where the benefit doth more peculiarly redound to the good of the Ports or Maritime Parts as in Case of Piracy or Depredations upon the Seas there the Charge hath been and may be lawfully imposed upon them according to Presidents of former Times so where the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger of which His Majesty is the only Judge there the charge of the Defence ought to be born by all the Realm in general This I hold agreeable both to Law and Reason 2. That he in or about the Month of February Anno 1636. Then being one of the Justices of the said Court of Common-Pleas subscribed an extrajudicial Opinion in answer to Questions in a Letter from His Majesty in haec verba ut supra in the Articles against Judge Berkley 3. That he then being one of the Justices of the said Court of Common-Pleas delivered an Opinion in the Exchequer Chamber against John Hampden Esquire in case of Ship-Money that he the said John Hampden upon the matter and substance of the case was chargable with the Money then in Question a Copy of which Proceedings and Judgment the Commons of this present Parliament have already delivered to your Lordships 4. That he then being one of the Justices of the said Court of Common-Pleas declared and published in the Exchequer Chamber in Westminster and the Circuit where he went Judge That the Kings Right to Ship-Money was so inherent a Right in the Crown as an Act of Parliament could not take it away And with divers malicious Speeches inveighed against threatned and discountenanced such as refused to pay Ship-Money All which Opinions and Judgments contained in the first second and third Articles are destructive to the Fundamental Laws of this Realm the Subjects right of Property and contrary to former Resolutions in Parliament and to the Petition of Right which said Resolutions and Petitions of Right were well known to him And the said Commons by Protestation saving to themselves only the Liberties of exhibiting at any time hereafter any other Accusation or Impeachment against the said Sir Francis Crawley and also of replying to the Answer that he the said Sir Francis Crawley shall make unto the said Articles or any of them or of offering Proof of the Premisses or of any of their Impeachments or Accusations that shall be exhibited by them as the Case shall according to the Course of Parliaments require Do pray that the said Sir Francis Crawley one of the Justices of the said Court of Common-Pleas may be put to answer to all and every the Premisses and that such Proceedings Examinations Tryals and Judgments may be upon every one of them had and used as is agreeable to Law and Justice The Articles of Impeachment against Sir John Bramston Knight Lord Chief Justice of the Court of Kings-Bench were as follow Articles of the House of Commons The Articles of Impeachment against Sir John Brampston Lord Chief Justice of the Kings Bench. in the name of themselves and all the Commons of England against Sir John Brampston Knight Lord Chief Justice of the Court of Kings Bench Impeaching him as followeth 1. THat the said Sir John Brampston then being Lord Chief Justice of the Court of Kings Bench and having taken an Oath for the due Administration of Justice to His Majesties Liege People according to the Laws and Statutes of this Realm did on or about the last of November 1635. Subscribe his Name to an Opinion in haec verba I am of Opinion that as where the benefit doth more peculiarly redound to the good of the Ports or Maritime parts as in case of Pyracy or Depredations upon the Seas there the Charge hath been and may be lawfully Imposed upon them according to Presidents of former times so where the good and safety of the Kingdom in General is coned and the whole Kingdom in danger of which His Majesty is the only Judg there the Charge of the defence ought to be born by all the Realm in General This I hold agreeable both to Law nnd Reason 2. That he the said Sir John Brampston then being Lord Chief Justice of the Court of Kings Bench about the Month of February 1635. did Subscribe an extrajudicial Opinion in answer to questions in a Letter from His Majesty ut supra in the Articles against Sir Robert Berkley Which said Opinions contained in the first and second Articles are destructive to the Fundamental Laws of this Realm the Subjects right of Propriety and contrary to former resolutions in Parliament and to the Petition of Right 3. That he the said Sir John Brampston then Lord Chief Justice of the Court of Kings Bench about Trinity Term 1637. refused to Bail or Discharge Alexander Jenings Prisoner in the Fleet brought by Habeas Corpus to the Barr before him the return of this Commitment being two several Warrants from the Lords of the Council Dated the fifth of November 1635. the first expressing no cause the other for not paying Messengers Fees and until he should bring Certificate that he had paid his Assesment for Ship-money in the County of Bucks And the said Sir John Brampston the first Warrant being only read then said The cause of his Commitment did not appear and that it was not fit for every Goaler to
truely incident and belonging to the Place of Chief Justice of the said Court of Common-Pleas should be restored and continued they have Vnanimously Resolved Voted Declared and Ordered That the said Offices of the first and third Prothonotary of the said Court of Common-Pleas of the Clerk of the Warrants of the Clerk of the King's Silver of the Clerk of the Essoignes of the Clerk of the Treasury and of all the Phillizers and of all the Exigenters except for the County of Monmouth do by right belong to the Disposition of the Lord Chief Justice of the said Court of Common-Pleas for the time being and that the Grants formerly made by Letters Paents of the said Offices or Clerks Places or any of them are illegal and void in Law and it is further Ordered That the said several Letters Patents herein mentioned shall be forthwith brought into this House Mr. Comptroller brings a Message from the Queen in Writing Wednesday July 21. in these Words WHen the Parliament did the other Day The Queens Message by Mr. Comptroller express their Affections to Me in taking into Consideration the Journey which I had resolved on for the recovery of my Health and represented a Desire of My stay with a tender Care of removing all Occasions of My Indisposition I could not then give them a positive Answer such as I desired for their Satisfaction because I knew not if My Health would give way unto it but since that Time I have resolved to venture my Health and for complying with their Desires not to go since My Presence here will be acceptable unto them and that they conceive it will be for the good of the Kingdom for I desire nothing more then to let them see that I shall in all things be ready to gratifie them and to serve the State though as I then said with the hazzard of my Life Upon the Receipt of which Message it was Ordered That the Bill for the Queens Joynture shall be reported this Afternoon and Mr. Comptroller is to represent to Her Majesty that this House is very sensible of the favor done by Her Majesty and that they are thinking of some more solemn way of representing it Ordered That the same Committee that attended Her Majesty before shall meet with the Committee of Lords to present Thanks to Her Majesty at such time as their Lordships shall think fit and a Conference to be desired with the Lords about it their Lordships having had the like Message from Her Majesty sent to their House At which Conference it was agreed to return Her Majesty Thanks in these Words as was reported by Mr. Hollis BOth Houses of Parliament have with very much Comfort and Thankfulness received that Gracious Message Mr. Hollis Reports the thanks of both Houses to the Queen for putting off her Journey to the Spaw whereby your Majesty hath been pleased to declare your Resolution of staying your intended Journey at their humble Desire which they hope will be no Prejudice to the Recovery of your Health but rather an advancement of it by that Contentment which You will receive from the continual Expression of their Affection and Zeal to do you Service And they have commanded Me in their Names to declare that both Prayers and Indeavors shall concur in all things tending to your Majesties Wellfare and Prosperity These Promises were well observed when they voted her Majesty a Traitor afterwards for assisting the King against them in an Actual Rebelbelion The Queens Answer Thursday July 22. Cessation continued 15 days longer which they shall ever esteem as a very great Blessing both of the Kingdom and of themselves To which Her Majesty returned this Answer I Am very glad that both Houses of Parliament have taken my Resolution of staying my Journey in so good Part they may see by it I have preferred their Content before My Health and I shall still continue to do all lies in My Power to serve the King and for the good of this Kingdom and to please them as they have already seen The Cessation of Arms was voted to be continued Fifteen Days longer from the expiration of the present Term upon the same Conditions if the Treaty continue so long This Day Mr. Smart who Articled against Dr. Cosins was by Order of the Lords restored to his Prebend in Durham and had also the Vicaridge of Aycliff in the Bishoprick of Durham bestowed on him upon the Death of Dr. Carr the present Incumbent So forward was the Zeal of the Faction to incourage and reward these Men who had been the Opposers of the Government and the real Incendiaries by promoting false and scandalous Accusations against the Bishops and the Dignified Clergy A Report from the Committee of Seven Ordered That the Articles then Reported be kept secret They were about the Conspiracy but not being entred in the Journal I cannot oblige the Reader with them The Earl of Bristol reported the Answer of the Scots Commissioners to the Two Propositions Earl of Bristol Reports the Scots Answer about disbanding which the Lords Commissioners were Ordered by this House to propound to them The Answer was ALthough the extreme necessity of the Army hath been so represented unto us as that the Arrear and 80000 l. of Brotherly assistance have not been sufficient to disband our Army and pay the most necessary present Charges yet have we not refused to agree to your desires in every thing within our Power which moveth us who are but a few of the Commissioners to offer not only the representing of our present desires to the General and Committees but the perswading of their condescending so far as necessity can permit both about the time of disbanding our Army so much desired by us all and which will be done chearfully and readily as soon as the Articles are ratified in the Parliament here and the Mony that shall be agreed upon sent and received at Newcastle As also for continuing the forbearance of the payment of 80000 l. for some short time But we are bold to desire an Alteration in your Lordships Paper that it may be the most possible for them to agree thereto as all the by-gone Arrears would be presently sent to Newcastle that they may have time to make Accompts and prepare for Disbanding so all the Arrears that will be due to the last day of the Payment of our Army may be shortly satisfied either here at London for answering Ecxhanges or sent to Newcastle to help the Disbanding there And for the 80000 l. that your Lordships would offer to Deliver and Embarque the same here before the Tenth of August that it may be in Scotland against the King's coming or the 20th day of the said month at farthest because divers have lent all their Moneys and sold all their Victuals for the publick use of the Army who must now be supplied with some part of their Mony and price of their Victuals otherwise it
Clerks under his Hand they could not judg of it till they had resorted to his Book where their Orders and their Votes are entred month July 1641. where they found their Votes concerning their late Protestation taken both by your Lordships and them and they found the contents of this Paper to agree in terminis with what is entred in their Clerks Book Then they called to mind what had passed in the House upon that occasion when those resolutions of theirs were Voted How they had considered of that Protestation that it bound all men to defend the Religion here Established c. This they conceived to be a true Test of every good Subject a Shibboleth to distinguish the Ephramites from the Gileadites that whosoever was well affected in Religion and to the good of the Common-wealth would make this Protestation and on the other side who would not make it was not well affected And such a man they held it their duties in discharge of the trust reposed in them by the whole Body of the Kingdom all the Commons of England who have sent them out as so many Sentinels to watch for them to give them notice of the good or the evil Friends or Enemies coming towards them they held it I say their duties to declare their Opinions that such a Man was not their Friend was unfit to bear Office either in Church or State and therefore they passed this Vote that it is a thing fit and necessary to be done by them and for such they do avow it And besides they thought it fit to give an account to those who had employed them the several Counties and Burroughs that sent them to give them a mark by which they might know who were good men lovers of their Countrey fit to be intrusted with Offices with the oversight of any part of Church or State and therefore they gave order this Vote should be sent down unto all the parts of this Kingdom And lastly that it might be done speedily and not stay the Writing out of so many Copies they gave order it should be Printed and be attested under the Clerks Hand with order c. The Copies of which three orders your Lordships have in this Printed Paper which the Commons assembled in Parliament have Commanded me to signifie unto your Lordships and that the passing of these Votes they do own they do avow they do justifie Mr. Serjeant Wild Reports from the Committee for the Impeachment of the Bishops for the New Canons c. But the further consideration of it was deferred till the next day and the House entred upon the further Debate of the Bill for abolishing Episcopacy Two Private Bills one for Mr. Byarley the other for Sir Alexander Denton were passed the House of Lords this Day Then a Letter dated the 27th of _____ 1641 was read Exceptions taken at a Letter from the Speaker of the Lords House in Ireland to the Speaker of the Lords House in England sent from the Speaker of the Lords House in Ireland to the Speaker of the Lords House in England and because the House conceived this Letter entrenched upon the Jurisdiction and Priviledge of this House therefore it is Ordered That the L Chamberlain E. March and E. Bristol Viscount Say and Seal do attend the King and shew him this Letter and desire him from this House that he will be pleased to make stay of the passing of those Acts of Grace and Favor that are in Treaty concerning the Kingdom of Ireland until this Business be determined in this House and further humbly to desire that the Levying of the 14 thousand Soldiers in Ireland may be stayed if it be not already done Then these Lords L. Privy Seal E. Bath E. Southampton Episcopus Lincoln were appointed to have power from this House to search Records Wednesday August 5. and Presidents concerning Ireland's dependency upon this Kingdom and to report the same to this House The House of Commons was informed that the E. of Warwick hath paid the Scots 50000 l. and will have to morrow 52300 l. more ready for them which is all the Arrear that is due to them Serjeant Wild Reports the remaining part of the impeachment of the Bishops concerning the New Canons which being read and assented to was immediately engrossed and by him sent up to the Lords where he delivered it in this manner at the Bar of the Lords House My Lords THe Knights The Impeachment of the Bishops for the New Canons Oath Aug. 4. 1641. Citizens and Burgesses of the Commons House of Parliament being sensible of the great infelicities and troubles which the Common-wealth hath sustained by the exorbitant courses of the Bishops and knowing well that the Wise man saith That if Sentence be not speedily executed against an evil Work the Hearts of the Sons of Men are set upon further mischief The timely redress whereof doth better become the Wisdom of Parliament then a too late woful repentance have commanded me to represent unto your Lordships That Walter Bishop of Winchester Robert Bishop of Coventrey and Lichfield Godrey Bishop of Gloucester Joseph Bishop of Exceter John Bishop of Asaph William Bishop of Bath and Wells George Bishop of Hereford Matthew Bishop of Ely William Bishop of Bangor Robert Bishop of Bristol John Bishop of Rochester John Bishop of Peterborough Morgan Bishop of Landaff together with William Arch-Bishop of Canterbury and others of the Clergy of that Province at a Convocation or Synod for the same Province begun at London in the year 1640 did contrive make and promulge several Constitutions and Canons Ecclesiastical containing in them divers matters contrary to the Kings Prerogative To the Fundamental Laws and Statutes of the Realm To the Rights of Parliament To the Propriety and Liberty of the Subjects and matters tending to Sedition and of dangerous consequence And to add the more weight and efficacy to this their monstrous design They did at the same Synod under a Specious and fair Title grant a Benevolence or Contribution to His Majesty to be paid by the Clergy of that Province contrary to Law It rested not there for though this had been enough to have affrighted and terrified the Kings People with strange apprehensions and fears yet that these might not seem to be contrivances of the Brain or Fancies only they were put in execution and were executed upon divers with animosity and rigour to the great oppression of the Clergy of this Realm and other His Majesties Subjects and in contempt of the King and of the Law Whether these Persons my Lords that are culpable of these offences shall be thought fit to have an Interest in the Legislative power your Lordships wisdom and justice is able to judg But for these matters and things the Knights Citizens and Burgesses of the Commons House in Parliament in the name of themselves and of all the Commons of England do Impeach the said Bishops before named of the Crime
his Lordships great Care and Diligence in disbanding the said Army so happily for the preservation of the Safety and Quiet of the Kingdom which accordingly was done immediately by the Lord Keeper in the Name of the House Upon the reading of the Bill against Pluralities and Non-Residence after the debate of the House Proviso for Kings Chaplains Noblemen c. in the Bill against Pluralities these Lords Committees following were appointed to take into Consideration the King's Chaplains the Priviledges of Noblemen and the Heads of Colledges in the two Universities and also to consider of a Proviso That every Parson or Vicar that lives from his Living shall provide an able Curate to supply the Living allowing him a Moiety thereof clear of all Charges and the Parson to Nominate the Curate with the Consent of the Patron Committed to the Lord Privy Seal Marquiss of Hartford Lord Admiral Lord Chamberlain E. Southampton c. Lord Chief Justice of the Common-Pleas Mr. Justice Heath Mr. Justice Mallet Assistants their Lord ships or any Seven of them to meetat Nine a Clock to Morrow Morning in the Painted Chamber Upon a Motion made by Mr. Pym Monday October 25. Order to provide Match Bullets for the Guard A Plot against Mr. Pym. it was Ordered That the Burgesses of Westminster and the Knights for Middlesex shall take Care for the providing of Bullets and Match for the Soldiers and a convenient Place for them to stand dry in Mr. Pym declares That he received a Letter from a Porter at the Door of the House and upon the opening of it a Plaister which came from a Wound full of Corrupt Matter dropt out of it and that the Letter contained many Menaces and much railing against him The Porter being examined said a Gentleman on Horse-back in a Gray Coat gave him twelve Pence for the speedy delivery of it What ever the Matter was it made a mighty Noise both in the House and out of the House in the City and Country for Mr. Pym was then one of the greatest Idols of the Faction All the Art imaginable was used to find out the Author of this dangerous Attempt to infect Mr. Pym with the Plague but to no purpose for many Persons believed it to be only a Plot of his own inventing against himself However one Mordant was taken upon Suspition and Examined but there being no Proof against him he was acquitted Captain Ven brought in the Complaints of the Godly and Well-Affected Party Tuesday October 26. against Mr. Hutton Curate of St. Giles Cripple-Gate For that on the Day of Thanksgiving he would not suffer any one to Preach but himself 2ly That instead of Preaching in the Afternoon he only read the Bishop of Lincoln's Prayer 3. That he refused Mr. Sedgewick to preach there as Lecturer Whereupon it was Ordered That Mr. Hutton Curate of Cripple-Gate be taken into Custody for Contemptuous Speeches against the Orders of the House The House then fell upon the debate of the Impeachment of the Thirteen Bishops and great bandying of the Matter there was for the difficulty was The Commons in great perplexity what name to give the Crime of the Bishops for making the new Canons by what Name this Heinous Offence of the Bishops should be called and many of the Lawyers being in Westminster Hall it was Ordered That the Serjeant should immediately give Notice to all the Lawyers and others in Westminster Hall to attend the House Mr. Hollis thought fit that the Bishops should be charged with High Treason but some of the most Eminent of the long Robe affirmed they might as well Call it Adultery as Treason and after all that could be said upon the Subject it was Resolved upon the Question That the Debate concerning the naming of the Crime of the Bishops in making the last New Canons shall be at this time laid aside Resolved c. That no certain time shall be now appointed for the further Debate of the Business concerning the Naming of the Crime in the Bishops for the making of the last new Canons Mr. Pym Reports the Conference with the Lords Conference about a Letter from the King The Lord Keeper declared that he had received a Letter from his Majesty wherein he signified That though extraordinary Occasions had kept him there longer then he expected so that he was forced not to be so good as his Promise and Intention yet he did assure them he would make all the hast back to them that he could The King's Letter was in these Words My Lord Keeper SInce that by the Necessity of My Affairs I am detained here so long The King's Letter to the L. Keeper that I cannot be at the Down-Sitting of the Parliament I have thought it fit by these Lines to direct you to tell both Houses in My Name that as this My long Absence is beyond My Expectation so it is against My Desire and that I will make all the Dillgence that the Weightiness of these Affairs will possibly permit to return and so I rest Edenborough the 20th of October 1641. Your Assured Friend Charles R. This day Sir Robert Berkley Knight Judge Berkley at the Bar of the Lords one of the Judges of the King's Bench was brought as a Delinquent to the Bar of the Lords House and the Lord Keeper told him that he was now to hear the Impeachment of High-Treason brought up against him from the House of Commons read which being done He gave their Lordships Humble Thanks for their Justice in calling him to make his Answer and acknowledged the Justice of the House of Commons that they have desired he might make his Answer to his Charge and be Proceeded in according to Justice And withal he made it his earnest Request to their Lordships that they would permit him a little time now to speak somewhat to the Particulars of his Charge and having obtained Leave of the House so to do he made a long Relation upon the particular Articles of his Impeachment and concluded with this his Plea and Answer That he is not Guilty in Manner nor Form as is laid against him in his Impeachment After which he humbly presented to the House a Petition desiring their Lordships to take their Particulars into Consideration Hereupon he withdrew and his Petition was read in haec verba To the Right Honorable the Lords Assembled in Parliament The Humble Petition of Sir Robert Berkley one of the Judges of his Majesties Court of Kings-Bench YOur Lordships having The Petition of Judge Berkley to the Lords October 26. 1641. as your Petitioner conceiveth appointed Tuesday the next Week being the second of November next for your Petitioners Tryal he most humbly prayeth That your Lordships will be pleased to grant unto him your Lordships present Warrant for such Witnesses as he shall have Cause to use at his Tryal That your Lordships will be pleased to admit and if need be to assign him
found guilty of them be punished Yet we may not omit although no motive whatsoever could justifie their Vndertakings to represent That before they fell from their Obedience to the Government Sir William Parsons one of the Lords Justices that supplied the Deputy's place at a publique Entertainment before many Witnesses did positively declare That within a Twelvemonth no Catholick should be seen in Ireland Many hands were sought and Thousands were found to subscribe a Petition tending to the introducing a severe Persecution against Catholiques who were the far greater number of the Inhabitants of Ireland and the menace of an Invasion of a Scottish Army of which men did at that time frequently discourse bred frightful apprehensions So as these and other Grounds of suspition being improved by such among them whose particular Interests could be most favoured and better advanced in Vnquiet Times laid the Foundation of that Rebellion But even those Men and at that time when the Lords Justices did not appear to be prepared for Resistance by their Remonstrance humbly begg'd their Grievances might be redressed by the Advice of the Two Houses of Parliament then met at Dublin But the Lords Justices who by their Words and Actions not only Expressed their unwillingness to stop the farther growth of these Distempers but meant to increase them and were often heard to wish That the Number were greater of such as became Criminal by Proroguing the Parliament made them Desperate However the Nation by their Representatives in the two days which were only allowed them to Sit husbanded their time so as to leave to Posterity a Monument of their aversion to such attempts by declaring That those men had Trayterously and Rebelliously taken Arms and offering to employ their Lives and Fortunes in reducing them to their Obedience if they might be permitted then to Sit. But this was denyed them and by a strange change from the Ancient Form of Government a Parliament then Sitting was Prorogued whereas our Ancestors upon a far less occasion then quieting of so high distempers were usually called upon to Assist the King with their Advice To this may be added That the Earl of Ormond proposed at the Council-Board the raising of 5000 Men in the space of Three Weeks if he might be authorised so to do with which Strength he undertook to dissipate those then weak beginnings of the Ensuing Mischiefs and to prevent their farther growth but was refused it so as thus far we may observe who they were that widened the Wound instead of stanching the Blood This Foundation being thus laid that which at first was but a spark and might be easily quenched began to Flame And freedom of Rapine having suddenly drawn Numbers together the unrepress't Conspirators became a Formidable Army and besieged Tredah passing the River of Boyne which was the Rubicon of the Pale and had in all former Rebellions been maintained with their blood by those antient English Colonies planted there Now it was that the Times began to favour the Design of the Lords Justices and their Party in the Council which was as forward as they to foment the Distractions for the Ulster Army lying in the Bowels of the Country the Forces being not yet come out of England and the Natives themselves both unarm'd and distrusted by the State they were forced at first by their Regular Contribution to prevent the desolation which would have followed their refusal to supply them Hereupon such Contributors began to be looked upon and Character'd as Men fallen from the Government And a Party that was sent from Dublin having killed at Santry but three Miles distant from thence some innocent Husband-men among whom there was two Protestants and carried their heads as in Triumph to the City the neighbour Inhabitants alarm'd thereat had recourse to such Weapons as first came to hand and gathered in a Body whereupon the Lords Justices set forth a Proclamation in Nature of a safe Conduct by which these so in Arms and Mr. King of Clantarffe by special name had five days respite to come in and present their Grievances But before three Nights of the time prefixed were Expired Mr. King 's House was Pillaged and Burnt by direction of the Lords Justices Not long after supplies being arrived out of England and the Siege of Tredagh Raised and consequently the force removed which necessitated the Inhabitants to comply with the Ulster Army the Nobility and Gentry of the Pale prevailed with Sir John Read His Majesties Sworn Servant a stranger to the Country un-engaged and an Eye-witness of their proceedings then upon his Journey to England to take the pains to present their Remonstrance to His Majesty and to beg Pardon for what they were thus compelled to Act. But he poor Gentleman coming to Dublin was apprehended and not concealing the Message intrusted with him was put to the Rack the most part of the Questions which were then asked him in Torment being no other then such as might lead him to accuse the King and Queen to be Authors and Fomenters of that Rebellion Moreover the Two Houses of Parliament in England for the better inducing the Rebels to repent of their wicked attempts commended to the Lords Justices according to the Power granted them in that behalf to bestow His Majesties Gracious Pardon to all such as within a Convenient time c. should return to their Obedience The Lords Justices notwithstanding such Order and His Majesties Gracious Pleasure signified to that effect by their Proclamation dated in November 1641 limited such His Majesty's and the Parliament's of England their favourable and general intentions to the Inhabitants of a few Counties provided always they were not Free-holders and afforded them no longer time then Ten days after the Proclamation to receive benefit thereby But notwithstanding these Restrictions the Lord of Dunsany Sir John Netervill Patrick Barnewal of Kilbrue and many others who had notice of His Majesties Gracious Inclination towards the Nation and the Parliament of England 's Order in favour of them submitted to the Lord Marquess of Ormond then Lieutenant General of His Majesties Army who recommended them to the Lords Justices intimating that the good Vsage to be Extended to them would have an Influence on many others and be a great Motive to quiet the Distempers which then began to spread But the Lords Justices whose Design was not to be carried on by Mercy and Indulgence to prevent Submissions Imprisoned and Indicted by a Jury which did not consist of Freeholders those so Submitting and put the said Mr. Barnewal of the Age of 66 years to the Torture of the Rack This notwithstanding the Noblemen and Gentry inhabiting the Country next to Dublin applied themselves humbly by their Letter to the Lords Justices which when the Earl of Castlehaven a Nobleman of English Birth who freely before that time had access to Dublin came to present he was made a Prisoner Wherefore when the Nation observed That their advice in
grants and otherwise And that all His Majesties debts then due in this Kingdom were satisfied out of the said Subsidies and yet His Majesty is of late as the Petitioners have been informed in the House of Commons become indebted in this Kingdom in great Sums And they do therefore humbly beseech that an exact accompt may be sent to His Majesty how and in what manner his Treasure issued 12. The Petitioners do humbly conceive just and great fears at a Proclamation published in this Kingdom in Anno Domini 1635. Prohibiting Men of Quality or Estates to depart this Kingdom into England without the Lord Deputies License wherein the Subjects of this Kingdom are hindred and interrupted from free access to Address to His Sacred Majesty and Privy Council of England to declare their just Grievances or to obtain Remedies for them in such sort as their Ancestors have done in all Ages since the Reign of King Henry the Second and great Fees exacted for every of the said Licenses 13. That of late His Majesties late Attorney General hath exhibited Informations against many Boroughs of this Kingdom into His Majesty's Court of Exchequer to shew cause by what Warrant the said Burgesses who heretofore sent Burgesses to the Parliament should send the Burgesses to the Parliament and thereupon for want of an Answer the said Priviledges of sending Burgesses was seised by the said Court which proceedings were altogether Coram non Judice and contrary to the Laws and Priviledges of the House of Parliament and if way should be given thereunto would tend to the Subversion of Parliaments and by consequence to the ruine and destruction of the Common-wealth And that the House of Commons hath hitherto in this present Parliament been deprived of the Advice and Counsel of many profitable and good Members by means thereof 14. By the powerfulness of some Ministers of State in this Kingdom the Parliament in its Members and Actions hath not his natural Freedom 15. And lastly That the Gentry and Merchants and other His Majesty's Subjects of this Kingdom are of late by the Grievances and Pressures beforesaid and other the like brought very near to Ruine and Destruction And Farmers of Customs Customers Waiters Searchers Clerks of unwarrantable proceedings Pursivants and Goalers and sundry others very much enriched whereby and by the slow Redress of the Petitioners His Majesties most Faithful and Dutiful People of this Kingdom do conceive great fears that their readiness approved upon all occasions hath not been of late presented to his Sacred Majesty For remedy whereof the said Petitioners do humbly and of right beseech your Lordship that the said Grievances and Pressures may be speedily redressed and if your Lordship shall not think fit to afford present relief that your Lordship might admit a select Committee of this House of Persons uninteressed in the benefit arising of the aforesaid Grievances to be licensed by your Lordship to repair to his Sacred Majesty in England for to pursue the same and to obtain fitting remedy for their aforesaid and other just Grievances and Oppressions and upon all just and honourable occasions they will without respect of particular interest or profit to be raised thereby most humbly and readily in Parliament extend their uttermost endeavour to serve His Majesty and comply with his Royal and Princely occasions And shall pray c. Not long after the Lord Deputy Wendesford died Lord Deputy Wendesford dies viz. the Third of December following whereupon Robert Lord Dillon of Kilkenny-west and Sir William Parsons Knight and Baronet Master of the Court of Wards L. Dillon and Sir William Parsons made Lords Justices were Constituted Lords Justices of Ireland and were accordingly Sworn the 30th of December 1640. But the Lord Dillon whose Son had married the Earl of Strafford's Sister and who being a Person of great Parts and Abilities and passionately devoted to the Earl's Interests both by Alliance and Inclination was no way grateful to the Faction it was not long therefore before the King who in all things endeavoured to sweeten them by gratifying them in whatever they desired was prevailed with L. Dillon displaced and Sir John Borlase substituted in his room at the Importunities of the Irish Committees then at the Court to displace the Lord Dillon and appoint the aforesaid Sir William Parsons and Sir John Borlase to be Lords Justices of the Kingdom of Ireland These Gentlemen by His Majesties Command applied themselves to give such satisfaction to His Majesties Subjects of Ireland as in reason they could desire and among other things His Majesty was pleased to reduce the Subsidies from 40000 l. a Subsidy to 12000 a piece and all things seemed to be in a most quiet and peaceable Posture and Condition of Settlement But yet even then which seems much to confirm the Lord Macguire's Confession this Rebellion was upon the Anvil for about the latter end of the year 1640 the King received some advertisements of a Design then on Foot to raise some Commotions in Ireland whereupon the King whose care for the Security of his Kingdom and Protestant Subjects of Ireland was always awake caused Sir Henry Vane his Principal Secretary of Estate to advertise the Lords Justices Parsons and Borlase of it and to Command them to take care therein The Letter which I find in Dr. Borlase's History was delivered to the Lord Parsons and found after his Death in his Study by Sir James Barry Lord Baron of Santry and presented to His present Majesty and was in these Terms Right Honourable HIS Majesty hath Commanded me to acquaint your Lordships with an Advice given him from abroad Sir H. Vane's Letter to the Lords Justices concerning some Informations of danger in Ireland and confirm'd by his Ministers in Spain and elsewhere which in this Distemper'd Time and Conjuncture of Affairs deserves to be seriously consider'd and an especial care and watchfulness to be had therein which is That of late there have passed from Spain and the like may well have been from other Parts an unspeakable number of Irish Church-men for England and Ireland and some good old Soldiers under pretext of asking leave to raise Men for the King of Spain whereas it is observed among the Irish Friars there a whisper runs as if they expected a Rebellion in Ireland and particularly in Connaght Wherefore His Majesty thought fit to give your Lordships this notice that in your Wisdoms you might manage the same with that Dexterity and Secresie as to Discover and Prevent so pernicious a Design if any such there should be and to have a watchful Eye on the Proceedings and Actions of those who come thither from abroad on what pretext soever and so herewith I rest Your Lordships most Humble Servant Henry Vane White-Hall March the 16 th 1640. The preservation of this Letter appears very uncommon and looks as if Providence interessed in the Vindication of Oppressed Innocence had reserved it to clear the
Illustrious Memory of the Royal Martyr from the Barbarous Calumny which the wickedest of Mankind indeavoured to fix upon him as being conscious of and favouring this Execrable Rebellion in Ireland Whereas this makes it evident beyond the possibility of contradiction that His Majesty took all the care imaginable to suppress the very first beginnings and motions towards an Insurrection And from hence one may also very probably conjecture at the reason why his Majesty was so willing to comply with the Desire of the Spanish Ambassador to Transport such a Number of the Irish for the Service of the King his Master and possibly this very information might be the great inducement which moved his Majesty to consent to their Transportation for rationally speaking had these Levies gone forward and the Military men of that Nation been sent abroad into the Service of Forreign Princes there could have been no Rebellion or at least nothing so formidable as it proved and that which seems to confirm the Conjecture is That the Roman Catholick Members of the House of Commons in Ireland who were acquainted with the Conspiracy did with all the Artifice and Industry imaginable as well as the English Parliament indeavour to obstruct the Transportation of the disbanded and discontented Souldiers among other Specious and Colourable Arguments * Vide Dr. Borlase's History p. 8. insinuating That the Spaniards having long born ill-will to England they did not know how soon those very Regiments acquainted with every Creek of the Kingdom might be returned on their own Bowels having naturally a love to their Religion which such an Incendiary as the King of Spain might soon inflame to the highest prejudice But however this Intimation given to the Lords Justices by Secretary Vane's Letter doth abundantly clear his Majesty from the least degree of Suspition of contriving fomenting or conniving at this Irish Rebellion so it will fix a blemish either upon the Integrity or Abilities of Sir William Parsons at least after having so fair Warning given that he should never be able to penetrate into the Plot of the Irish which sure a Chief Governor of Ireland could not want Means and Instruments to do till it was so ripe for Execution as to be impossible to prevent it and which is worse to be in no tolerable posture of Provision to Suppress and Extinguish it upon the first Eruption Nor did the Conspirators in Ireland fail to Use the same Arts and Methods which those of Scotland and England and indeed all Conspirators are wont to make Use of to raise up Fears and Animosities Jealousies and pretended Grievances to unhinge the People from their Allegiance by complaining of the Mal-Administration of the Government and Publick Affairs Salust in Conjur Catal. This the Historian tells us was one of the Master-Pieces of Cataline and his Associates illis quieta movere magna merces videbatur And thus did the Irish Conspirators for at the meeting of the Parliament the great business was complaints of Grievances and Impeachments of High Treason against the Prime Ministers of State Sir Richard Bolton Lord Chancellor of Ireland and others were Impeached of High Treason and the Bishop of Derry though contrary to all presidents of that Nature as was certified by the Lords Justices to the principal Secretary upon Search made by his Majesties Commands for that purpose but as Sir John Temple observes they had a design to draw the Government wholly into the hands of Natives thereby to facilitate the intended Alteration of the Constitution And upon this occasion the Popular Men displayed their Talents in aggravating Speeches to make things little in themselves swell and appear bulky and grievous Upon the Impeachment of Sir Richard Bolton c. Mr. Audley Mervin made this following Speech My Lords I Am commanded by the Knights Mr. Audley Mervin's Speech at the Exhibiting the Articles of High Treason against Sir Richard Bolton c. March 4. 1640. Citizens and Burgesses of the Commons House to present unto you Ireland's Tragedy the Gray-Headed Common Laws Funeral and the Active Statutes Death and Obsequies This dejected Spectacle Answers but the prefiguring Type of Caesar's Murther wounded to the Death in the Senate and by Brutus his Bosom Friend our Caesar's Image by Reflection even the Fundamental Laws and Statutes of this Kingdom the sole Means by which our Estates are confirmed our Liberties preserved our Lives secured are Wounded to Death in the Senate I mean in the Courts of Justice and by Brutus too even by those Persons that have received their Beings and Subsistance from them so that here enters those inseperable first Twins Treasons and Ingratitude In a plain Phrase My Lords I tender unto you Treason High Treason such a Treason that wants nothing but Words to express it To Counterfeit the King's Seal to Counterfeit the King's Money it is Treason but this dies with the individual Party To betray a Fort is Treason but it dies with a few Men. To betray an Army is a Treason but it dies with a Limited Number which may be reinforced again by Politick Industry To blow up both Houses of Parliament is Treason but succeeding Ages may replant Branches by a fruitful Posterity but this High Treason which I do now in the Name of the Houses of Commons charge and impeach Sir Richard Boulton Knight Lord Chancellor of Ireland and Sir Gerard Lowther Knight Lord Chief Justice of the Common-Pleas John Lord Bishop of Derry Sir George Ratcliffe Knight is in its Nature so far transcending any of the former that the rest seem to be but petty Larcenies in respect of this What is it to Subvert the Fundamental Laws of this Kingdom High Treason What is it with a contumacious Malice to Trample under Feet the rich Legacies of our Fore-Fathers purchased with Sweat and Expence I mean the Statute Laws what is it but High Treason What is it through an Innate Antipathy to the Publick Good to Incarcerate the Liberty of the Subject under the Iron and Weighty Chains of an Arbitrary Government High Treason What is it since his Majesty the most amiable and delightful Portraiture of Flourishing and Indulgent Justice to his Subjects to present him Personated in their Extrajudicial Censures and Judgments but to possess if possible the Hearts of his Loyal Subjects of this Kingdom That he is a Bloody and Devouring Tyrant and to provoke their never Dying Allegiance into a Fatal and Desperate Rebellion What is it to Violate the Sacred Grants of many of his Majesties Progenitors Kings and Queens of England Confirmed under the Broad Seal being the Publick Faith of this Kingdom by an Extrajudicial Breath grounded upon no Record What is it to Insert a Surreptitious Clause forged by some Servile Brain in the Preamble of our last Act of Subsidies by which the King 's Most Excellent Majesty and the Earl of Strafford are placed in one and the same Sphear allowing them but equal Influences to nourish the
That by the Words Irish Papists We intended only such of the Old meer Irish in the Province of Ulster as have Plotted Contrived and been Actors in this Treason and others who adhere to them and that We did not any way intend or mean thereby any of the old English of the Pale nor of any other Parts of this Kingdom We being well assured of their Fidelities to the Crown and having experience of the good Affections and Services of their Ancestors in former times of Danger and Rebellion And We further require all His Majesties loving Subjects whether Protestants or Papists to forbear upbraiding Matter of Religion one against the other and that upon pain of His Majesties Indignation Given at His Majesties Castle of Dublin 29. Oct. 1641. R. Ranelagh R. Dillon An. Midensis Ad. Loftus Geo. Shurley Ger. Lowther Jo. Temple Fr. Willoughby Ja. Ware God save the King With this the Lords and Gentlemen of the Pale seemed extreamly well satisfied and the Lords Justices and Council were so far from suspecting them guilty of the Conspiracy The Lords and Gentlemen of the English Pale supplied with Arms and Ammunition or that they would perfidiously renounce their Allegiance and fall in with the Rebels that they immediately supplyed them with a Convenient proportion of Arms and Ammunition to inable them to defend themselves and those Counties of the English Pale against the attempts and incursions of the Rebels To the Lord Gormanstone were delivered 500 Arms for the County of Meath Arms for 300 men for the County of Kildare Arms for 300 for the County of Lowth Arms for 300 for the County of West-Meath Arms for 300 for the County of Dublin And so assured did they seem to be of the Fidelity of these Lords and Gentlemen that several Commissions whereof that before inserted to the Lord Gormanstone was one and was found in his Study after he had quitted his House were issued out to the Roman Catholiques Borlase Hist p. 28. viz. To the foresaid Lord Gormanstone for Meath To the Lord Mountgarret in Kilkenny Nicholas Barnewell in Dublin Walter Bagnal in Caterlagh Lord Lowth in Lowth Sir Thomas Nugent in West-Meath Sir Robert Talbot in Wickloe the two Sir James Dillons in Longford and several others in Munster Connaght and Vlster who not long after most treacherously turned those Arms they had received to defend the Government and Protestants against them and basely joyned with the Rebels It seems by comparing several past and future Transactions of these Lords and Gentlemen of the Pale with some of the Examinations and Depositions taken about the Rebellion that if they were not in the Conspiracy yet they had a great inclination to promote rather than suppress it though after all the indiscreet Zeal of the then Chief Governors by putting their Agent Sir John Read to the Rack gave them but too great a pretence and colour for their Revolt and I know nothing that can be sufficient to palliate much less Excuse Rebellion upon any pretences whatsoever till St. Paul's holy Rule be reversed and that Men may do Evil that Good may come of it The Principal of the Rebels that at first appeared in the Execution of this detestable Conspiracy The Names of the Chief Rebels which broke out first in the Province of Vlster were Sir Phelim O Neal Turlogh O Neal his Brother Roury Mac-Guire Brother to the Lord Mac-Guire Philip O Reley Mulmore O Reley Sir Conne Mac-Gennis Col. Mac-Bryan and Mac-Mahon These having got together according to their Assignation did at one and the same time treacherously Surprize the Town and Castle of the Newry Several Places surprized by the Rebels the Fort of Dongannon Fort Montjoy Charlemont Tonrages Carick Mac-Rosse Clough-Cuter Castle Blaney Castle of Monaghan being all of them Places of considerable Strength and besides these many other Castles Towns and Villages so that before the End of October they had gotten into their Possession all the Towns Forts Castles and Gentlemens Houses within the Counties of Tyrone Donegal Fermanagh Armagh Cavan Londonderry Monaghan and half the County of Down except the Cities of Londonderry and Colraign the Town and Castle of Encekillin and some other Places which were for the present bravely defended by the British Undertakers though afterwards for want of Relief they were surrendred also into the Hands of the Rebels Nor will it appear at all strange The strange Secresy of the Conspiracy that they made so great Progress in so little time when it is considered that the Conspiracy was so secretly carried among them as that except the Information given to Sir William Cole it was not known to any of the English or British Inhabitants till they felt the Effects of it They Lived in the greatest seeming Friendship together with the Irish which brought them into a Security that proved so fatal to them And like People who are surprized in their midnight Sleep with their House blazing about their Heads when they had not seen the least Sparks of Fire at their lying down so it happened to these miserable Creatures who upon the first Risings about them put themselves their Wives and Children into the Protection of such of the Irish whom they had most Obliged and from whose Friendship they promised themselves Security and Preservation but these Perfidious and Inhumane Wretches too frequently either betrayed them into the Hands of the Rebels their Associates who Murdered and Destroyed them or at least Stript and Despoiled them of all they had or else having them and their Goods and Money in their Power basely did it themselves and it is almost a shame to Humanity Sir John Temple Irish Rebellion p. 70.71 et passim alibi to repeat the Cruelties which as the Writers of that time relate from the Depositions of those who escaped the Fury of the Irish were acted upon the Innocent English and British Inhabitants of that Island but it will be a greater and eternal Reproach and Infamy to the Priests and those who call themselves the Religious of the Romish Persuasion that they were the Actors and Instigators of the deluded People to commit those Execrable and Savage Cruelties as if they were Meritorious and Acceptable Services to God Almighty which far surpass the most Sanguinary Hecatombs that were ever offered to the Devil by the Blind and Pagan Idolaters and yet it is but too evident it must be placed to the account of those of the Popish Clergy for it seems before the Plot was come to Maturity there was a Consultation held at the Abbey of Multifernan in the County of Westmeath Borlase Hist p. 25. Dr. Jones's Deposition where among other things the Question was debated What Course should be taken with the English and all others that were found in the whole Kingdom to be Protestants some were only for expelling them as the King of Spain did the Moors out of Granada others disliked that Lenity urging that they might
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
Nature to reveal concerning some Lords and Members of the House of Commons Upon this the House sent forth some Members to speak with the Man who acquainting the House with some Discourse they had with him the Commons sent for him in who beginning to relate the Business the House of Commons would not suffer him to name any Person lest the Parties hearing of it should Fly And because it concerned some Peers of this House the House of Commons have sent the Man who is now at the Door ready to be Examined openly or in what manner else their Lordships in their Wisdom shall think fit Then Thomas Beal a Taylor dwelling in White-Cross Street was called in and made a Relation of the whole Matter with all the Circumstances which was as follows THat this day at Twelve of the Clock Beal's Narrative before the Lords he went into the Fields near unto the Post-House and walking on a private Bank he heard some talking but did not see them at first but finding them by the Voice he coming within hearing of them understood they talked of State Affairs and going nearer them he heard one of them say that it was a wicked thing that the last Plot did not take but if this goes on as is in Hand and intended they shall be all made And also heard them say That there was 108 Men appointed to kill 108 Persons of the Parliament every One his Man some were Lords and the others were to be Members of the House of Commons all Puritans and the Sacrament was to be Administred to the 108 Men for performing of this and those that killed the Lords were to have 10 l. and those that were to kill the Members of the House of Commons 40 s. That Gorges being the 37th Man Very notable Rewards had taken the Sacrament on Saturday to kill one of the House of Commons and had received 40 s. That one Phillips coming to London on Sunday Night late was charged to be at my Lord's Chamber where was only my Lord Father Jones and Father Andrews he also had his Charge and five more with him he being the 108 man and the last as he thought That Phillips had been in Warwick-shire and in Buckingham-shire with Letters and that he delivered Letters to Mr. Sheldon who gave him his Dinner and a Piece for his Pains charging him to make haste to London again and giving him Letters to deliver to my Lord. That Dick Jones was appointed to kill that Rascally Puritan Pym and that 4 Tradesmen were to kill the Puritan Citizens which were Parliament men That on the same day being the 18th of this Month when the City shall be in a Tumult there shall be Risings in Six several Parts of this Land by the Papists viz. in Warwick-shire Worcester-shire Buckingham-shire Lancashire and Two other Places which he remembers not That those that were to kill the Lords were brave Gallants in their Scarlet Coats and had received every man 10 l. a piece and when that was gone they might come and fetch more That this was to be done either coming down Stairs or taking their Coaches or entring into their Lodgings or any other way as they should see opportunity That although all were not killed yet the Tumult would be so great that it would prevent sending to Ireland and that was Father Andrews his Wit to prevent sending thither because if they prevailed there they should not have Cause to fear here This Relation being made Beal was commanded to withdraw and the House took into serious Consideration what Course was fit to be speedily taken in this Business And the House being informed That there is one Father Brown a Priest in the Gate-House who is a likely Man to give Information and Descriptions of Jones and Andrews mentioned by Beal the Lord Chief Justice of the Common-Pleas and Mr. Justice Reeves were appointed to go presently to the Gate-House to take his Examinations It was also Ordered That the Justices of the Peace Order to Apprehend Priests and Jesuits of the City and Liberties of Westminster the Justices of Peace for the County of Middlesex and the Lord Mayor and Sheriffs of London do presently make speedy and privy Search this Night for Father Jones and Father Andrews Priests and for all other Seminary Priests and Jesuits and to cause them to be forthwith Taken and Apprehended and put into safe Custody until the further Pleasure of this House be known and that their Names be returned to this House and that any Man that shall discover any Popish Priest or Jesuit and procure them to be Apprehended shall be rewarded by the Parliament It was further Ordered That the Gentleman Vsher attending this House or his Deputy shall repair unto Edward Sheldon Esquire the Elder Order to seize the two Mr. Sheldons upon Beal's Discovery and Edward Sheldon the Younger his Son and bring them unto the Lords in Parliament with a safe and Strong Guard upon them if there shall be Cause and that the Sheriff of the County wherein the said Mr. Sheldons now Reside shall Aid and Assist the said Gentleman Vsher or his Deputies for the safe bringing up of the said Mr. Sheldons to the House if the said Gentleman Vsher or his Deputies shall desire it And that the said Gentleman Vsher or his Deputies shall call in two of the next Justices of the Peace and Seal up their Study Doors and make search for Priests and Jesuits and bring them up that they may be Proceeded against as this House shall direct Ordered That Mr. William Sheldon now in Town be forth-coming at such time as this House shall send for him and in the mean time his Study to be sealed until further Order Ordered That all Lords Recusants being Members of this House and Peers of Parliament being now in Town shall come to this House on Tuesday the 16th of this Instant November by Nine of the Clock in the Morning Ordered That strict and near Search shall be made with all possible Speed in all Parts in and about the City of London and the Liberties thereof for one called or known by the Name of Richard Jones who being Apprehended shall be forthwith brought before the House And it was also Ordered That the Deputy Lieutenants of the Counties of Worcester Lancashire Warwick-shire and Buckingham-shire have a Charge to secure the said Counties The Lord Chief Justice of the Common-Pleas Reported Thnt he hath Examined Father Brown whether he knows any such Men as Father Jones and Father Andrews and his Answer is he knows no such In the Commons House a Committee was appointed to prepare a Draught of an Ordinance of Parliament for the putting the Trained-Bands into a readiness and posture of Defence upon all Occasions and likewise for securing the Persons of the Prime Papists and the Knights Citizens and Burgesses to bring in Lists of the Prime Papists in their several Counties Tuesday Novemb 16. Mr.
to the Custom of that Nation he told him that he had not deserved to be distrusted by him who could not but remember that when he was accused to him of High Treason yet he permitted him even then to lye in his Bed Chamber this made Hamilton outwardly appear much troubled for having given the King so just occasion of Displeasure but his great Interest in the Faction formerly mentioned out of the Earl of Manchester's Memoires notwithstanding all that hath been said by an able Pen in vindication of him seems not able to guard his Innocence from the common Fame which went of him that he betrayed the greatest Secrets of the King to the Junto which managed the two Houses of Parliament and that by the opportunity of being of the Bed-Chamber he took the Letters out of the King's Pockets and from them gave Informations of several things to the Party much to the disadvantage of the King's Affairs There is another thing which I cannot omit which is a Letter of His Majesties to Mr. Nicholas Clerk of the Council from Edinburgh which I found in the Paper Office which was as follows I Hear it is reported That at my Return The King's Letter to Mr. Nichols Clerk of the Council of his Resolution to maintain the Church of England I intend to alter the Government of the Church of England and to bring it to that Form as it is here Therefore I Command you To assure all my Servants that I will be constant to the Discipline and Doctrinâ— of the Church of England Established by Queen Elizabeth and my Father and that I resolve by the Grace of God to die in the maintenance of it Edinburgh Oct. 18. 1641. Charles R. Having made this little Holiday with the short gleam of Sun-shine in His Majesties Affairs we must now return to the old Trade again of diging the Quarries of Rebellion The King having sent for the Lord Keeper Friday Novemb. 26. the House gave him leave to attend upon his Majesty and appointed the Lord Chief Justice of the Common Pleas to be Speaker of their House till he returned Upon his return he informed the House That his Majesty had Commanded him to let their Lordships know That whereas he intended this day to have come to this House his Majesty is diverted upon some important business at this time and withal he is very hoarse with a Cold but his Majesty intends very shortly to come to this House The Lord Chamberlain signified to this House E. of Essex delivers up his Commission of Cap. General on the South-side of Trent That the King being returned home his Lordship hath delivered up his Commission of Captain General of the South Parts of this Kingdom into his Majesties Hands so that his Lordship cannot now take any Order for the Guarding of the Parliament as was Ordered by the Parliament therefore he desired their Lordships to consider of what Course is fit to be taken herein he having now no Power to obey their Commands Hereupon it was Resolved to communicate the matter to the House of Commons at a Conference which was done accordingly The Lord Keeper declared A Message from the King concerning Guards of the Parliament That he had received a Command from the King that the Houses should be made acquainted That His Majesty hearing that the Parliament have appointed Guards for securing the Houses he presumes they did it upon some Reasons but his Majesty not knowing any Reasons It is his Majesties Pleasure That the said Guards be dissolved for now his Majesty hopes that his Presence will be a Protection to the Parliament But if there be Occasion and his Majesty sees Reasons for it he will be very forward to take Care there be sufficient Guards to secure the Parliament Which was also ordered to be added to the Conference which was to be with the Commons In the Commons Journal there is the same Message with this addition That if need be to have a Guard hereafter his Majesty will be as glad to have a Guard as any other A Message was also sent by George Goring Esq To let their Lordships know That the House of Commons desire their Lordships would be pleased to send some few Lords to Petition his Majesty in the name of both Houses That the Guards may be continued still and they will within a few dayes bring up some Reasons to satisfie his Majesty for the same For the debating of this the House was adjourned into a Committee during pleasure and the House being Resumed it was put to the Question Whether this Question should be put viz. Whether this House shall joyn with the House of Commons to Petition the King that the Guards may be continued for some few dayes within which time there may be some Reasons given for the further continuance of them And it was Resolved upon by the major part in the Negative Then the House agreed That the Message brought from the House of Commons should be the Question â—â—d be put in Terminis as it came up from them and the Lord Keeper was appointed to write as near as he could remember the very Words of the Message which his Lordship having read the House did conceive some words were Dubious for the satisfying whereof the Messengers of the House of Commons were called in and the Lord Keeper sitting in his place upon the Woolsack told them That there was some doubt of some Words in the Message which the House desired to be satisfied in and then the Lord Keeper going down to the Barr as Usually he does when he receives Messages the Messengers of the House of Commons repeated their Message again and the L. Keeper being returned to his place as Speaker reported the said Message in these Words viz. That the House of Commons desired that their Lordships would send some Lords to the King in the Names of both Houses To beseech his Majesty to continue the Guards till they may satisfie his Majesty of the Reasons why they conceive it necessary to have a Guard which they intend to do within a few dayes And then it was Resolved upon the Question by the Major part That this House doth joyn with the House of Commons in their desire And the Earl of Warwick and the Lord Digby were Ordered to attend his Majesty to move him in it according to the Message Saturday Novemb. 27. Reasons against single Troops for forming the Cavalry into Regiments The Lord Kimbolton Reported from the Committee for Irish Affairs a Paper containing the Reasons of the Assistants to the Committee for the Forming the Troops of Cavalry into Regiments under Colonels and Sergeant Majors 1. By reason of the continual Debate that would otherwise arise among the Officers and their want of Obedience of one to another 2. For the more speedy way as well in issuing as receiving the Orders for the better Executing of any Commands whatsoever 3. For the Exact
Consideration of the House by which means I may hope of some satisfaction but this is totally left to your Honor's Consideration as opportunity offers and your Honor thinks fit in your own Judgment Thus humbly Craving pardon for this great Presumption I can safely say no man lives that is more Your Honors most humble Servant William Lenthall The Lord Keeper being indisposed Saturday Decemb. 1. craved leave of the House to retire for some time for the Recovery of his health which being granted this day the Lord Chief Justice of the Common-Pleas by the Command of the House sate as Speaker the Lord Privy Seal having performed the Office for some part of the day preceding And little of moment passed this day more then that the Lord Chamberlain was appointed to move his Majesty to Command the Sheriffs of the several Counties through which the Arms and Munition were to pass to Chester to take Care of the Safe Guarding of them In the Commons House Mr. Chillingworth sent to the Tower for words spoken in the House Chillingworth a Member was sent to the Tower for speaking some words which gave offence to the House by declaring his judgment in offering at his Instances concerning deposing of Princes It was too early day yet to broach these Doctrines and the Gentleman was to be made an Example for this rash Intemperance of his Tongue and certainly the Faction could not if it had been a forelaid occasion have done themselves a more Serviceable and Popular kindness for this was to let the whole Nation know that they had such a tenderness of Loyalty and Duty for the King that their chast Ears could not indure the ingrateful sound of Deposing Kings though in Instances of the remotest distance and then the natural Consequence of this must be That they who had such aversions and abhorrency to Treasonous Positions and Presidents at such a Distance could have no evil Intentions against their King though they asked of him to divest himself of the Power of the Sword and other Royal Prerogatives and in effect all that made him an Actual or more then a Titular King Mr. Daniel O Neal was this day again Examined concerning the Plot of bringing up the Army against the Parliament The consideration of the Tumults was this day also put off again Little was done this day in the House of Lords Monday Decemb. 6. more then reading of the Bill for Captives taken by Turkish Pyrats and the Bill for Raising Men for the defence of England and Ireland which received many alterations and amendments which were to be delivered to the Commons at a Conference In the Commons House Mr. Glyn Reported from the Committee the Reasons to be offered to the Lords for admitting this House to bring their proof against the 13 Bishops formerly Impeached That the Committee conceive this Course to be most fit to be held in the management of this Conference The Reasons of the Commons to come to a hearing against the Bishops notwithstanding their Demurrer to make a Narration of the Proceedings since the first Impeachment and of the Votes of both Houses concerning the Canons First That it is Voted by both Houses That the Canons c. made by the late Convocation do contain in them matters contrary to the King's Prerogative to the Fundamental Laws of the Land against the Liberty of the Subject the Property of their Estate and tending to Sedition and of dangerous Consequence That these Canons being thus Voted by both Houses of Parliament and to bring the Principal of the Persons in the making of those Canons to Judgment according to their demerit The House of Commons did the 4th of August last by word of Mouth Impeach at the Bar of the House of Lords these 13 Bishops by name and then desired That they might be put to Answer in the presence of the Commons That because some Objections were made That that Impeachment was too general the House of Commons did the 13th of the same Month Impeach the said Bishops at the Bar of the Lords House and this Impeachment to be read at the Conference which did declare That All and every the said Canons c. were and are contrary to the King's Prerogative and the Fundamental Laws of the Land c. And were so contrived made and promulged by them c. And that therefore they might be put to Answer in the presence of the Commons That in both these Charges the Commons did desire that the 13 Bishops might be put to Answer in the presence of the Commons That afterwards the Bishops had several days given them to Answer and at last the 10th of November last was appointed peremptorily unto them to Answer That when the 10th of November came these Bishops put in a Writing which they call A Plea and Demurrer which Writing the Lords sent down to the House of Commons upon notice of which Writing which they term A Plea and Demurrer wherein they neither confess nor deny the Fact this House did desire the Lords to appoint a Day when they might come and make good their Charge against them That the Lords sent a Message to this House that they had Ordered to Morrow to hear the Council of the Bishops upon their Plea and Demurrer and that such Members of this House as the House shall think fitting may be there present This for the matter of the Narration That upon this the Committee have drawn these Conclusions That it appeareth by the Message from the Lords they were Impeached 4to Augusti and that divers days were given them to Answer and peremptorily the 10th of November 1641. That they made no Answer but put in a Plea and Demurrer as they call it And that therefore their Demurrer ought not to be admitted because their Defence ought not to be made to the Impeachment of the House of Commons but in their presence and that the Commons ought to be thereunto called And that in all Courts of Justice it is so that the Party concerned ought to be called to all Answers Pleas and Demurrers for otherwise mistakes might arise which by being present might be rectified as in this Case for if the Commons had been present when the Bishops made their Answer there would not have been that mistake for that upon search it appears in the Lords Book that the second Impeachment whereby all Arguments of incertainty were taken away and which supplied any defects in the first as in this particular All and Every the said Canons were so Expressed in the second Charge and yet not so entred in the Lords Book of Journals which would have been rectified if the Commons had been present at their Answer So in regard of this inconveniency the Commons ought to have been admitted to be there present Next that the Charge consisting of meer matter of Fact not done above a year before they ought to be called to Answer to the matter of Fact and
enter into the hearts of this Wise and Honorable Assembly We will not presume to dispute the Right of Episcopacy whether it be Divine or not it sufficeth us to know That the Church Government by Bishops is ancient even near to the Apostles Days and that it hath pleased God from time to time to make them most Glorious Instruments for the Propagation and Preservation of Christian Religion which with their Blood they have frequently sealed to Posterity And how much this Kingdom in particular is indebted to them for their Piety their Wisdoms and Sufferings we trust shall never be forgotten Our Hearts desire therefore is That the Precious may be separated from the Vile that the Bad may be rejected and the Good retained Furthermore having heard that our Common Prayer hath been interrupted and despised of some mis-understanding or mis-led People to the Great Scandal of the Religion professed in our Church We humbly beseech you to take into your Care the Redress thereof as of an Impiety not to be endured as also to take Order for the severe punishment of those Men if they may be discovered who frequently publish Pamphlets under a Veil of Religion yet conducing to Confusion and Rebellion All which we humbly offer to your Wisdoms as the thoughts and desires of this County and as we are persuaded of multitudes of sound Members of the Church of England and his Sacred Majesties most Loyal Subjects Beseeching God to direct and prosper your Counsels and ye to pardon our Errors we rest At your Commands Knights Esquires Divines Gentlemen Free-holders Inhabitants of the County of Somerset none of them Papists but all Protestants of the Church of England and his Majesties Loyal Subjects 14350. Whereof Knights Esquires and Gentlemen 200 Divines 221 Jo. BrowneCler Parliament After which the Huntingtonshire Petition to the same Effect which had been tendred to the House upon Wednesday the 8th of December but then laid aside was also read This being done the High Constable The High Constable and Sheriff questioned concerning the Guards who was sent for to attend the House was brought in and asked by what Authority he gave Order for the Watchmen to Guard this House Who answered That he received Order from the Justices of the Peace Then the Under-Sheriff of Middlesex was called in and demanded by what Warrant the Watch-men are here he said he had received a Warrant from the Justices of Peace of Middlesex which they sent forth by virtue of the Kings Writ directed to them for preventing of Riots Routs and unlawful Assemblies according to the Statute of 2 H. 5. Whereupon the House appointed the Lord Chamberlain Lord Wharton Lord Brook and Lord Roberts to go into Westminster-Hall and other places near this House to see what Company there is whether any unlawful Assemblies or Routs there and these Lords Reported That there was no Face of any Routs or Assemblies nor any greater Number of People then Vsually Whereupon the House discharged the Guards in the King's Name And in regard it appeared that it was the precipitation of the Justices that Caused these Men to come by virtue of their Warrants It was Ordered That those Justices of the Peace for Middlesex and Westminster that subscribed the Warrant be sent for to attend the House to morrow to give a Reason why they sent forth those Warrants and what induced them to believe That there would be a Tumult this day in Westminster This day Inigo Jones Esq appeared before the Lords according to an Order of their Lordships to hear the Declaration read which was brought up against him from the House of Commons which was read in his presence in haec verba The Declaration of the Commons upon the Complaint and in thebehalf of the Parishioners of St. Gregories London against Inigo Jones Esquire THE Parish Church of St. Gregories The Declaration of the Commons against Inigo Jones concerning St. Gregories Church by St. Pauls adjoyning to the Cathedral Church of St. Paul's in London aforesaid is and from the time whereof the Memory of Man is not to the contrary hath been the Parish Church for the Inhabitants of that Parish lately computed to be 3000 persons for the administration of Divine Service and Sacraments The said Inigo Jones being Surveyor of His Majesties Works and particularly those to be designed for the re-edifying of the said Church of St. Pauls would not undertake the Work unless he might be as he termed it the Sole Monarch or might have the Principality thereof conceiving that the Work would not well be done without pulling down the said Church of St. Gregories presented a Plott to his Majesty accordingly The said Inigo Jones having presented the said Plott his Majesty hereupon signified his Pleasure and in pursuance thereof several Orders also were made at the Council-Board That the said Church should be taken down by the Parishioners for the more convenient Repairing of the Cathedral Church of St. Pauls which the Parishioners refusing to obey as was lawful for them to do the said Inigo Jones in Execution of the Plot and Design by him presented as aforesaid and of his Majesties signification and the Orders at the Council-Board thereupon had in or about March 1639 did pull down and caused to be pulled down part of the said Church and did also threaten That if the Parishioners would not take down the rest of it then the Galleries should be sawed down and with Skrews the Materials of the said Church should be thrown down into the Street And the said Inigo Jones did further threaten the Parishioners That if they did not take down the said Church they should be laid by the Heels Whereby the Parishioners being thus affrighted and to save the Materials which not long before had cost them 1500 l. were inforced to take down some part of the said Church insomuch as it thereby was made altogether useless and the said Parishoners to that great number have been wholly destitute of any Place within their own Parish for the Publick exercising of Religion The Damages the Parishioners have hereby sustained is very great and the Charge of Re-edifying the said Church and restoring it to as good plight as it was in before it was so wrongfully taken down will amount at the least to 3000 l. all which the said Parishioners are ready to prove and Maintain For Remedy therefore and Redress herein and chiefly to the end that the said Church of St. Gregories may be fully repaired and restored to the Plight and Condition wherein it formerly was by and at the Charge of him and them by whose undue Means it was in part taken down or caused to be taken down as aforesaid It is desired That such Proceedings may be used and had against the Offenders herein as to Right and Justice doth appertain This being read the said Inigo Jones desired That he might have some time to answer by his Councel Whereupon It was Ordered That he
for the present being not very welcome These People notwithstanding the rebuke which Sir Thomas Aston had met with for a Petition of this Nature yet in the midst of these wicked Times durst be honest and publickly avow themselves so which was far more The Petition as I find it in a Collection of Petitions printed afterwards by his Majesties Command at York to let the World see that a very considerable Part of the Nation was utterly against the pretended Reformation was as follows To the King 's Most Excellent Majesty and to the Right Honorable the Lords and the Honorable the House of Commons Assembled in Parliament The Humble Petition of divers of the Nobility Justices Gentry Ministers Freeholders and other Inhabitants of the County Palatine of Chester whose Names are contained in the Schedule Annexed YOur Petitioners with all Cheerfulness and Contentation The Cheshire Petition for the Common Prayer and suppression of Schismaticks c. affying in the happy settlement of the Distractions both of Church and State by his Majesties pious Care and the prudent and religious Indeavors of this Honorable Assembly and with due Humility and Obedience submitting to the unanimous Conclusions thereof yet conceive themselves bound in Duty Humbly to represent to your mature Considerations That the present Disorders of many Turbulent and Ill-disposed Spirits are such as give not only Occasion of present discontent to your Petitioners but seem to import some ill event without early prevention The pure Seed of our Faith the Doctrine of the Reformed Protestant Religion Established by so many Acts of Parliament and so harmoniously concurring with the Confessions of all other Reformed Churches being tainted with the Tares of divers Sects and Schismes lately sprung up amongst Vs Our Pious Laudable and Ancient Form of Divine Service composed by the Holy Martyrs and worthy Instruments of Reformation Established by the prudent Sages of State your religious Predecessors honored by the Approbation of many learned Foreign Divines subscribed by the Ministry of the whole Kingdom and with such general Content received by all the Laity that scarce any Family or Person that can read but are furnished with the Books of Common Prayer in the conscionable Vse whereof many Christian Hearts have found unspeakable Joy and Comfort wherein the famous Church of England our dear Mother hath just Cause to Glory and may She long flourish in the Practise of so blessed a Liturgy * * This the Reader will see presently in a Petition by Dr. Burgess c. of this Day Yet it is now not only depraved by many of those who should teach Conformity to Established Laws but in Contempt thereof in many Places wholly neglected All these dayly practised with Confidence without Punishment to the great dejection of many sound Protestants and occasioning so great insultation and rejoycing in some Separatists * * The true temper of the Separatists and Schismaticks from their first original to this Day as they not only seem to portend but menace some great Alteration and not containing themselves within the Bounds of Civil-Government do commit many tumultuous if not Sacrilegious Violences both by Day and Night upon divers Churches Therefore your Petitioners being all very apprehensive of the dangerous Consequences of Innovation and much scandalized at the present Disorders Do all unanimously Pray That there be admitted no Innovation of Doctrine or Liturgy that Holy Publick Service being so fast rooted by a long setled continuance in this Church that in Our Opinion and Judgments it cannot be altered unless by the Advice and Consent of some National Synod without an universal Discontent and that some speedy Course be taken to suppress such Schismaticks and Separatists whose factious Spirits do evidently indanger the Peace both of Church and State And Your Petitioners shall ever Pray c. Signed by Lords Knights Justices of the Peace and Esquires 94 By Gentlemen of Quality 440 By Divines 86 By Free-holders and others in all 8936 In all 9556 And in regard their Piety and Loyalty deserves a place in the Records of time and that in these Petitions the Reader will see the Temper and Genius of these Seditious and Turbulent Sectaries and Schismaticks the very Pests of Church and State the main Occasioners Managers Promoters Contrivers Encouragers Supporters and Conductors of this most Execrable Rebellion from its first Original till its last fatal Period most accurately pointed out in the just and too modest complaints of these Petitions for the Times and Persons would not bear truth unless apparelled in the most submissive Garb and Posture I will here subjoyn Sir Thomas Ashton's Petition which was presented to the Lords and for which he received a smart rebuke and narrowly escaped a Prison which I should have done in its proper place had this Collection of Petitions then come to my hands The Petition was as follows To the High and Honorable Court of Parliament The Nobility Knights Gentry Minsters Freeholders and Inhabitants of the County Palatine of Chester whose Names are Subscribed in several Schedules hereunto Annexed Humbly Shew THat whereas divers Petitions have lately been carried about this County against the present Form of Church Government The Cheshire Petition delivered to the House of Lords by Sir Thomas Ashton and the hands of many Persons of ordinary Quality sollicited to the same with pretence to be presented to this Honourable Assembly which we conceive not so much to aim at Reformation as absolute Innovation of Government and such as must give a great advantage to the Adversaries of our Religion We held it our Duty to disavow them all and humbly pray That we incur no mis-censure if any such Clamours have without our privity assumed the Name of the County We as others are sensible of the common Grievances of the Kingdom and have just cause to rejoyce at and acknowledge with thankfulness the pious Care which is already taken for the suppressing of the Growth of Popery the better to supply able Ministers and the removing of all Innovation and we doubt not but in your great Wisdoms you will regulate the Rigor of the Ecclesiastical Courts to suit with the Temper of our Laws and the Nature of Free-men Yet when we consider That Bishops were instituted in the time of the Apostles that they were the great Lights of the Church in all the first General Councils that so many of them sowed the Seeds of Religion in their Bloods and rescued Christianity from utter Extirpation in the Primitive Heathen Persecutions That to them we ow the Redemption of the purity of the Gospel we now profess from Romish Corruption that many of them for the propagation of the Truth became such Glorious Martyrs that divers of them lately and yet living with us have been so great Assertors of our Religion against the Common Enemy of Rome and that their Government hath been so long approved so oft Established by the Common and Statute Laws of
Mr. Nathanael Fiennes Sir John Clotworthy and Mr. John Pym Members of the House of Commons were present upon a Discourse of some Plots that should be done in this Kingdom or in Scotland the Earl of Newport should say If there be such a Plot yet here are his Wife and Children insinuating the same to signifie that the Person of her Majesty and her Children should be seized upon And whereas Your Majesty upon Friday last was pleased to demand of the Earl of Newport whether his Lordship heard any Debate at Kensington about seizing upon the Queen and her Children which when his Lordship had denied with many and deep Asseverations Your Majesty replied again That he was to tell Your Majesty no more then you knew already and therefore should consider well what he should Answer and his Lordship denying it the second time Your Majesty parting from him replied you were sorry for his ill Memory seeming thereby to give Credit to that Information which Information and Report tend not only to the great scandal of the Members of both Houses of Parliament before named but express an endeavor to stir up Jealousies and work a Division between Your Majesty and the Parliament It is therefore the humble and instant desire of the Lords and Commons in this Parliament That Your Majesty will be pleased to declare who was the Reporter or Reporters of those Words pretended to be spoken at Kensington by the Earl of Newport And that Your Majesty will be pleased likewise to move her Majesty to discover who acquainted her therewith And this as Your greatest and most faithful Council they advise Your Majesty to perform the Exigency of the Affairs of both Kingdoms being such as necessarily require a sudden Remedy which cannot expect any possibility of success without a right Vnderstanding between Your Majesty and the Parliament the only way for effecting hereof is by the present discovery and removal of ill Counsellors and false Informers which to our great Grief we have by Experience found to be too frequent and active in these Dangerous Times After the Reading whereof it was Ordered That this House agrees that this Petition be presented to the King And the Lord Admiral Earl of Bath and Earl of Holland were appointed to wait on the King to know when the Select Committees of both Houses shall attend him to present the aforesaid Petition Who being returned brought Answer That His Majesty hath appointed them to attend him for this purpose to morrow in the Afternoon at One of the Clock at White-Hall The Lord Chamberlain signified to this House Message from the King to the Lords concerning Volunteers for Ireland That the King had commanded him to let the Parliament know that His Majesty will furnish 10000 English Volunteers if the House of Commons will undertake to pay them Upon a Debate this day the Reason of which the Reader will meet hereafter it was Resolved upon the Question That this Parliament is at this present a free Parliament In the Commons House Mr. Pym Reported an Order from the Committee of the Navy in these Words It is this day Ordered by the Commons House of Parliament Order of the Commons touching the Navy That the Committee for the Navy where Sir John Culpeper has the Chair shall Examine why the 55000 l. Ordered in August last by both Houses for supply of the Navy out of the last Bill of Tonnage and Poundage hath not been accordingly performed and having found out the Obstructions therein shall present the same to this House with all convenient speed together with their Opinions what is fittest to be done thereupon and they are further to Examine what Monies are likely to come in upon the present Bill of Tonnage and Poundage during the time it is granted and to report it to this House That the Ordinary and Extraordinary Charge of the Navy for the Year 1642 may be provided for out of the same It is further Ordered That in case the Mony arising out of the last Bill of Tonnage and Poundage shall not be found sufficient to discharge the abovesaid Sum of 55000 l. that then what shall be wanting thereof shall be forthwith paid to the Treasurers of the Navy out of the Monies coming in upon the present Bill of Tonnage and Poundage It is also Ordered That the Sum of 2058 l. 10 s. shall be paid out of the Monies payable by virtue of the aforesaid Bill to the Officers of the Ordnance for the Expences in their Office for the setting out of the last Summers Fleet according to the Engagement of this House It is further the Opinion of the Committee that in the Case of Sir Henry Vane junior concerning the Office of the Treasurer of the Navy That this House do declare that they will take that into Consideration when they shall consider of the passing the next Bill for the Subsidy of Tonnage and Poundage This Order being read was Voted and upon the Question Assented unto It may be remembred what flourishing Speeches Mr. Speaker had formerly made to the King upon the tendring of the Bills for Tonnage and Poundage to his Majesty for the Royal Assent which yet by this Order appear to have been such meer Complements that the King was not so much as a Trustee for the Publick but the Money raised in his Name and by his Authority was to be wholly managed by their Order And Sir Henry Vane for the kindness done them in the Earl of Strafford's Case must be sure to be remembred for a beneficial Office as in truth if in any thing they acted generously and wisely it was in obliging their Friends by Rewards and discouraging their Enemies by punishments the two Methods which Govern the World and which all great Men and great Undertakers have ever by Experience found to be the certain Supporters of their Designs and Enterprizes The Tumults began now to be so horrible Insolent by the Countenance they received from the Faction of the House of Commons Wednesday Decemb. 29. and particularly from their great Patron Pym who publickly at a Conference said God forbid the House of Commons should proceed in any way to dishearten people to obtain their just desires that they not only ran by Troops down to Westminster to cry No Bishop but as they passed by White-Hall they cried They would have no Porter's Lodge but would come to speak to the King themselves without Controul and at their own Discretion The House of Lords hereupon sent for the Sheriffs of London and Middlesex to attend their Lordships Tumults who being called in and being asked Why they have not observed the King's Writ in suppressing and preventing of Tumults and Routs They Answered That the Justices of the Peace for Middlesex opened the Writ and granted out Warrants to the Constables who sent Guards to the Houses of Parliament and upon this they were Questioned by the House of Commons and the Guards were dismissed
together he and his Fellows came quietly away * * This Michaelson was a Dr. in Divinity John Michaelson But Mr. Kirton gave in an Information more particularly as follows WEdnesday 24th of November Mr. Lavender 's Man came in the Evening to one Farlow 's House in Woodstreet where his Master with other Company was taking Tobacco and told him that Captain Ven had sent for him presently to repair to Westminster with his Arms for there was an Vprore in the Parliament House and Swords drawn in the Parliament House whereupon the said Lavender suddenly went away and threw his Pipe on the Table and the Company was much amazed Mr. Laurence Ruddyard Mr. Farlow of Cambridg Mr. Farlow of Wood-Street P. Bradswawe After this A Message from the Commons concerning the Lord Digby a Message was brought from the Commons by Sir Philip Stapleton Knight to let their Lordships know That the House of Commons finds by common Fame that it hath been said in this House by the Lord Digby and offered to be justified by him That the House of Commons have invaded the Priviledges of the Lords House and the Liberty of the Subject and that he did likewise say in this House This was no free Parliament the House of Commons desires That if those Words have been spoken by him that Right may be done to the Commons of England against the Lord Digby and that if no such Words were spoken by him That then a Declaration may be set forth to acquit the House of Commons of that Scandal The Consideration of the Words in the said Message were referred to the Committee appointed to keep a good Correspondency between the two Houses From this Message the Reader may observe the Reason of the Vote last Night concerning this being a free Parliament and how quick Intelligence the Commons had of particular Persons and Things that at that time passed in the House of Lords they had long had a dormant Pique against the Lord Digby for his franck Expressions in the Speech he made concerning the Bill of Attainder of the Earl of Strafford and the Revenge of the Party Slept as old Pliny saith Lions do with their Eyes open to watch the most convenient opportunity for Execution A Message was brought from the House of Commons by Mr. Jepson to desire a present Conference by a Committee of both Houses if it may stand with their Lordships convenience concerning Ireland which Conference was thus reported by the Lord Keeper The House of Commons expressed the great danger Lord Keeper's Report of the Conference with the Commons concerning Ireland Decemb 29. 1641. that the Province of Munster is in and the ill Consequence that may come to that Kingdom if the Rebels should gain it The House of Commons therefore present these Propositions to their Lordships and desire they would joyn with them in it Then the Propositions were read being certain Votes of the Commons 1 Resolved upon the Question That there shall be forthwith sent from hence 1500 Muskets and 500 Corslets to Bristol to be with all speed Transported to Youghall in Munster to be disposed of by the President there for the Defence and Security of that Province 2 That a proportionable Provision of Match and Bullet be made and provided for the Relief of the Province of Munster and the Bullets to be provided at Bristol 3 That 10 Lasts of Powder be forthwith speeded by Carts to Bristol for Youghall 4 That two Regiments of 1000 Foot in a Regiment be forthwith raised for Volunteers out of the Western Countries and that the Colonels may be contracted with at 30 s. for every Soldier for the raising and transporting them into Munster 5 That their Entertainment may be the same that the House hath allowed for other Officers and that they may be Mustered at their Landing in Munster and that the Officers Pay then begin 6. That Arms and Munition may be sent from hence for those 2 Regiments and that Sir Charles Vavasor be required to hasten the raising of his 500 Men appointed by the House for Munster 7. That the Lords be desired to joyn with the House herein That his Majesty may be moved from both Houses for the Arms and Munition 8. That 2 Ships about 200 Tun apiece Rigged and provided as Men of War may be hired at Bristol for the present Guarding of the Coasts of Munster and to Transport Men Arms and Munition from hence 9. It is likewise Ordered That Levy-Mony shall be allowed to the Lord Inchequin and Mr. Jepson for the Raising 2 Troops of Horse each of them consisting of 100 Men after the Rate of 10 l. a Horse and that Arms shall be provided both for the aforesaid 2 Troops and likewise for a third of 100 Men to be Raised and Commanded by Sir William Courtney all which 3 Troops are to be Payed by the Province of Munster according to the Rate allowed to other Troops in the Irish Army 10. It is desired That the Lords would joyn with this House to move his Majesty to Grant a general Warrant to the Earl of Newport for the Issuing of such Arms and Ammunition from time to time as shall be thought fit by both Houses of Parliament the King being made acquainted therewith And likewise to move his Majesty to grant a General Warrant to the Lord Lieutenant of Ireland for the transporting from time to time such Men Horse and Ammunition as shall be thought fit by the King and Parliament Then the Sheriffs of Middlesex and London The Sheriffs of London and Middlesex and Justices of Westminster ordered to suppress the Tumults and some of the Justices of the Peace for Westminster were called in and the Statute of 13 H. 4. c. 7. was read unto them and they were commanded to do their Duty according to this Statute now read at their own Perils and if they doubted of any thing then they are to resort to this House for advice and directions therein The Lords did what lay in their Power to repress the Insolence of the Rabble but it was to no manner of purpose for this very day a Roll of Apprentices with one Barnardiston in the head of them in a menacing and insulting Tumult Marched down to Westminster and some scuffling there was about the very Gates at White-hall and the Sheriffs of London and Middlesex having drawn together such a Guard as they could Tumults supported and encouraged by the Commons seized some of them and committed them to Prison and the House of Commons being informed thereof immediately It was Ordered That Sir Robert Pye Mr. Laurence Whittaker Mr. Wheeler and Mr. Alderman Pennington do call the Officers and such others unto them that have Committed some Apprentices and examine the Grounds of their Commitment and by whose Authority they were Committed and Report them to the House And Mr. Hollis was posted up to the Lords with a Message to let their Lordships know That the House
Mr. John Pym Mr. John Hampden and Mr. Will. Strode I. THat they have Traiterously endeavoured to Subvert the Fundamental Laws and Government of the Kingdom of England Articles of High Treason against the L. Kymbolton Mr. Denzil Hollis c. to deprive the King of his Royal Power and to place in Subjects an Arbitrary and Tyrannical Power over the Lives Liberties and Estates of his Majesties Liege People II. That they have Traiterously endeavoured by many Foul Aspersions upon his Majesty and his Government to Alienate the Affections of his People and to make his Majesty odious unto them III. That they have endeavoured to draw his Majesties late Army to difobedience to his Majesties Command and to side with them in their Traiterous Designs IV. That they have Traiterously Invited and Encouraged a Forreign Power to Invade his Majesties Kingdom of England V. That they have Traiterously Endeavoured to Subvert the Rights and very being of Parliaments VI. That for the Compleating of their Traiterous Designs they have endeavoured so far as in them lay by Force and Terror to compel the Parliament to joyn with them in their Traiterous Designs and to that End have Actually Raised and Countenanced Tumults against the King and Parliament VII And they have Traiterously Conspired to Levy and actually have Levied War against the King After which Mr. Attorney declared That he was farther charged to desire certain things on his Majesties behalf 1. That a Select Committee of Lords may be appointed to take the Examinations of such Witnesses as the King will produce in this business as formerly hath been done in Cases of the like Nature according to the Justice of this House and this Committee to be under a Command of Secresy as formerly 2. And his Majesty Commanded him to ask Libenty to add and alter if there should be Cause according to Justice 3. By the like Commandement he desired that their Lordships would take care for the securing of the Persons as in Justice there should be Cause Hereupon the Lord Kymbolton being present in the House offered himself to obey whatsoever it should please this House to Impose upon him and what course their Lordships would please to take with him he would submit thereunto but as he had a Publick Charge so he desired he might have a publick Clearing Hereupon it was Ordered That this business shall be taken into Consideration by a Committee of the whole House and to consider whether this Accusation of Mr. Attorney General of the Lord Kymbolton and others of High Treason and High Misdemeanors be a Regular proceeding according to Law and whether there were any such Proceedings ever before in this House and whether an Accusation of Treason may be brought into this House by the Kings Attorney against a Peer of Parliament and whether any Person ought to be Committed to Custody upon a general Accusation from the King or the House of Commons before it be reduced into Particulars And these Lords following were appointed Committees to peruse and consider of Presidents and Records concerning the aforesaid Particulars and Report the same to the House Lord Steward Lord Chamberlain Earl of Bath Earl of Southampton Earl of Warwick Earl of Bristol Earl of Holland Mr. Serjeant Whitfield and Mr. Serjeant Glanvile Assistants their Lordships or any five of them to meet and search Records when and where they please After this a Petition of the twelve Bishops that are Impeached by the House of Commons of High Treason was read Desiring that they may have Council Assigned them by this House to advise them in their defence and in particular They desired these Councellors following Mr. Counsel Assigned for the Bishops Lane the Princes Attorney Sir Thomas Gardner Recorder of London Mr. Herne Mr. Chute Mr. Fountain Mr. Hales Mr. Trevor who were thereupon by the Lord Assigned to be of Council for the Bishops It was also Ordered That this House layes no restraint upon any Member of this House but any Peer may go and see the Bishops in the Tower if he please Then the House Ordered That in regard of the many Occasions at this present the House cannot take the Propositions brought last from the Scotch Commissioners concerning Ireland into so speedy Consideration as the Necessity of the Kingdom requires That the Lords Commissioners do Treat with the Scotch Commissioners about the said Propositions and bring them to as low Terms and Conditions as they think fit for this House to grant and to Report the same to the House The King in Prosecution of his Impeachment of the aforesaid Gentlemen of the House of Commons had Commanded their Chambers Studies and Trunks to be Searched and had Issued out Warrants for their Apprehension in order to bring them to a Fair and Legal Tryal but this Procedure did so fire and Irritate the Faction that they fell to Voting and out-cries of the Breach of Priviledge of Parliament as if those very Walls had been a Protection against Treason as indeed they afterwards proved For it was Immediately Resolved c. That the several Parties now Sealing up of the Trunks or Doors or Seizing the Keyes of Mr. Pym Mr. Hollis or any other Members of this House that the Serjeant shall be informed of Votes concerning Sealing of Trunks Doors c. shall be forthwith Apprehended and brought hither as Delinquents and that the Serjeant shall have Power to break open the Doors and to break the Seales off from the Trunks Resolved c. That Mr. Speaker shall Issue a Warrant directed to the Serjeant at Armes attending on this House to the Effect of the Order abovesaid Resolved c. That if any Persons whatsoever shall come to the Lodgings of any Member of this House and there do offer to Seal the Trunks Doors or Papers of any Members of this House or to Seize upon their Persons that then such Members shall Require the Aide of the Constable to keep such Persons in safe Custody till this House do give further Order and this House doth declare That if any Person whatsoever shall offer to Arrest or Detain the Person of any Member of this House without first acquainting this House therewith and receiving further Order from this House that it is lawful for such Member or any Person Assisting him to stand upon his and their Guard of Defence and to make resistance according to the Protestation taken to defend the Priviledge of Parliament And Mr. Conference about Breach of Priviledge in Sealing Studies c. Walter Long was sent up with a Message to the Lords for a Conference by a Committee of both Houses touching the Breach of Priviledge of Parliament which the Lord Keeper Reported as follows That the House of Commons apprehended the Parliament to be the great Council and the Representative Body of the Kingdom and both Houses are but one Body of the Realm the Priviledges are as the Walls and Sinews of the Parliament which being cut
this House Mr. Cromwell Cromwell an Informer afterwards the infamous Usurper and Mr. Walton two Members of the House informed against a Gentleman of Huntingtonshire for Words of a high and dangerous Consequence whereupon it was Ordered That Mr. Speaker shall grant forth his Warrant to bring the Gentleman in safe Custody that spake the Words and likewise an Order to Summon the Informer their Names being first made known unto him by Mr. Cromwell and Mr. Walton After which by Vote upon the Question the House did adjourn it self till Thursday morning next at 8 of the Clock But leaving the Faction in England for a while driving on towards a Rupture with the King Let us see how the Affairs of their Brethren in Rebellion in Ireland proceeded And first I will present the Reader with a List of the principal Rebels which I found among the Papers in the Clerk of the Commons House of Parliaments Office which was as follows The Names of the Chieftains and Septs of the meer Irish who have taken Arms in Ireland and rebelled against his Majesty and the Crown of England in the Province of Vlster SIr Phelomy O Neil A List of the principal Persons in the Rebellion in Ireland called by the Irish Phelony Roe O Neil Captain General of all the Rebels and Chieftain of the O Neils O Hagaus O Quyus O Mellaus O Hanlous O Corrs Mac Cans Mac Cawells Mac Enallyes O Gormeleyes and the rest of the Irish Sept in the Counties of Tyrone and Ardmagh Tirlagh O Neil Brother of the said Sir Phelomy is his chiefest Councellor and is a very sad Man well seen in the Laws of England which he Studied in Lincoln's-Inn and was of good repute there Both these are extracted from Con More O Neil the Father of Con Bacagh O Neil the first Earl of Tirone whereby Sir Phelomy is reputed by the Irish to be the rightful O Neil with Title and Appellation with the Dignities and Jurisdiction conceived to belong thereunto of Old he hath now assumed Captain Rory Maguire Brother of Conner Lord Maguire Lord Baron of Empkilm and Donoghbane Maguire their Vncle are Chieftains of the Maguires and all other the Irish Septs in the County of Permanagh he is of a Cruel and Bloody Disposition and hath shed much English Blood as is reported Brian Mac Collo Mac Mahon Brian Mantagh Mac Mahon and Neil Mac Kenna of the Trough are Chieftains of the Mac Mahon's Mac Kenna's Mac Ardells O Connellies the O Duffies and all other the Irish Septs in the County of Monoghan the former of those three is a soft elderly Man the two latter are Young and Rude though each of them hath been brought up to Civility and Learning being Wards to the King 〈…〉 Inquire of the Lord Blaney more particularly who are the most Eminent Men of those Rebels of Monoghan Sir Con Magenys Knight and his Brother Daniel Sons of â—ld Sâ—r Arthur Magenys late Lord Viscount Iveagh and Vncles of the now Viscount are Chieftains of the Magenysses Mac Cartans and all the other Irish Septs in the County of Down Philip Mac Hugh Mac Shane O Rely is Chieftain of the O Relyes O Gownes Mac Cabes Mac Echies the Bradies and all the other Irish Septs in the County of Cavan This Philip Mac Hugh Mac Shane O Rely for his Estate and Parts is made Chieftain but Edmond O Rely is the chiefest of the O Relyes and Edmonds Brother Philip Mac Mullmore O Rely is a more active and experienced Man and hath done some Courtesies to the Distressed English for which they say he is made Prisoner by the other Philip but it is more probable there is Emulation between them Mullmore O Rely Son of the said Edmond being Sheriff of the County of Cavan when the Rebellion began and commanded all the Country in the King's Name by vertue of his Office to rise and take Arms and continueth still a Captain of the Rebels Shane Mac Philip Mac Mullmore O Rely Son of the said Philip Mac Mullmore O Rely is a Captain of the Rebels Tirlagh O Neil Grandson of Sir Tirlagh Mac Henry O Neil and the Son of Hugh Boy O Neil whose Name Sir Faithful Fortescue knoweth are Captains of the O Neils of the Fues a Baroni in the County of Ardmagh within six Miles of Dundalk in the County of Louth which Town was never taken by the Rebels in any former Rebellion but now is surprised by the O Neils of the Fues The Lords Justices and Council finding the Storm grow every day Louder and more Threatning dispatched fresh Letters of Advice to England to give an account of their Affairs particularly this following to the Lords of his Majesties Privy Council May it please your most Honourable Lordships SInce our last dispatch to the Lord Lieutenant A Letter from the Lords Justices Council in Ireland to the Lords of the Privy Council in England Nov. 5. 1641. Dated the 25th of October concerning the present Rebellion begun there the Rebells have with great Multitudes proceeded in their out-rages even to great cruelty against the English and Protestants in all places where they came They have Seized the Houses and Estates of almost all the English in the Counties of Monoghan Cavan Fermanagh Armagh Tirone Donegall Letrim Longford and a great part of the County of Downe some of which are Houses of good Strength and dispossessed the English of their Arms and some of the English Gentlemen whose Houses they Seized even without any resistance in regard of the suddenness of their surprise the Rebels most Barbarously not only Murdered but as we are informed hewed some of them to pieces They Surprised the greatest Part of a Horse Troop of his Majesties Army commanded by the Lord Grandison in the County of Armagh and possessed themselves of their Arms. They apprehended the Lord Caulfield and Sir Edward Trevor a Member of this Beard and Sir Charles Pomtes and Mr. Branthwait Agent to the Earl of Essex and a great number of other Gentlemen of good Quality of the English in several Parts whom they still keep Prisoners as also the Lord Blayney's Lady and Children and divers other Ladies and Gentlewomen They have wasted destroyed and spoyled wheresoever they came and now their fury begins to threaten the English Plantations in the Queens County and Kings County and by their Example the Sheriff of the County of Longford a Native and Papist is likewise Risen in Arms and followed by the Irish there where they Rob Spoyl and Destroy the English with great Cruelty In these their Assaults of the English they have Slain many Robbed and Spoyled thousands reduced men of good Estates in Lands who lived Plentifully and well to such a condition as they left them not so much as a Shirt to cover their Nakedness They turned out of their Estates many of considerable Fortunes in Goods and left them in great want and misery and even the Irish Servants and Tenants of
May it please your Lordships WE have received your Letters of the third of this Instant The Answer of the Lords of the Pale to the Lords Justices Dec. 7. 1641. intimating that you had present occasions to confer with us concerning the present State of the Kingdom and the safety thereof in these times of danger and requiring us to be with you there on the eighth day of this Instant we give your Lordships to understand that we have heretofore presented our selves before your Lordships and freely offered our advice and furtherance towards the particulars aforesaid which was by you neglected which gave us cause to conceive that our Loyalty was suspected by you We give your Lordships further to understand that we have received certain Advertisement that Sir Charles Coot Knight at the Council Board hath uttered some Speeches tending to a purpose and resolution to Execute upon those of our Religion a general Massacre by which we are all deterred to wait on your Lordships not having any security for our safety from these threatned Evils or the safety of our Lives but do rather think it fit to stand upon our best guard until we hear from your Lordships how we shall be secured from these Perils Nevertheless we all protest that we are and will continue both Faithful Advisers and resolute furtherers of his Majesties service concerning the present State of the Kingdom and the safety thereof to our best Abilities and so with the said tender of our humble service we remain Your Lordships humble Servants Fingale Slaine Netterville Lowth Gormanston Dunsany Oliver Trimbleston Decemb. 7. Received 11. 1641. To the Right Honourable our very good Lords the Lords Justices and Council of Ireland For much about this time the Lords of the Pale had entered into a Combination with the Vlster Rebels as appears by the Deposition of Edward Dowdall Esq a Gentleman of the Pale who was present at the whole Management of this Affair and deeply concerned in all their Councels and Actions who Deposed before Sir Rob. Meredith Chancellour of the Exchequer as followeth HE Deposeth The Deposition of Mr. Dowdall concerning the Treaty between the Lords and Gentlemen of the Pale and the Ulster Rebels That some four or five days after the defeat of the English Souldiers at the Bridge of Gellianstown there Issued a Warrant from the Lord of Gormanston to the Sheriff of the County for a general Meeting of all the County of Dulick But the Place of Meeting was afterwards changed to the Hill of Crofty where all the Lords and Gentry of the Country met viz. The Earl of Fingale the Lord Viscount Gormanston the Lord of Slaine the Lord of Lowth the Lord of Dunsany the Lord of Trimblestone the Lord Nettervile And of the Gentry Sir Patrick Barnwall Sir Christopher Bellow Patrick Barnwall of Kilbrew Nicholas Darcy of Plattin James Bath of Acharn Garret Ailmer the Lawyer Cusake of Gormanston William Mallone of Lesmullin Sedgrave of Kileglan Linch of the Knos Lynam of Adamstown Laurence Doudal of Athlumney Nicholas Doudal of Brownstown this Examinates Brother and him this Examinate with a Multitude of others to the number of 1000. Persons at the least whose names he this Examinate cannot for the present call to mind And after about two or three hours spent upon the said Hill of Crofty by the Lords and Gentry aforesaid There came towards them Collonel Mahowne Philip O Rely Hugh Boy Rely Roger Moore Hugh Birne and Captain Fox attended on with a Guard of Musqueteers And this Examinate saith That as soon as the Parties drew near unto the said Hill the Lords and Gentry of the Pale rode towards them and the Lord of Gormanstone being one of the first spake unto them and demanded of them Why and for what reason they came Armed into the Pale Vnto which Roger Moore made present Answer That the Ground of their coming thither and taking up Arms was for the Freedom and Liberty of their Consciences the maintenance of his Majesties Prerogative in which they understood he was Abridged and the making the Subjects in this Kingdom as free as those in England were Whereupon the said Lord of Gormonston desired to understand from them truly and faithfully whether those were not pretences and not the true ground indeed of their so doing and likewise whether they had not some other private ends of their own which being by all denyed upon profession of their sincerity his Lordship the Lord Gormanston then told them Seeing these be your true ends we will likewise joyn with you therein unto which course all agreed And thereupon it was publickly and generally declared that whosoever should deny to joyn with them or refuse to assist them therein they would account him as an Enemy and to the utmost of their Power labour his Destruction And this Examinate saith That after the agreement so made as aforesaid There issued another Warrant to the Sheriff of the County of Meath to Summon all the Lords and Gentry of the County of Meath to be at the Hill of Taragh about a week after and accordingly there met at the same place the Earl of Fingale the Lord of Gormanston and the rest of the Lords and Gentlemen aforenamed together with Sir Thomas Nugent and Nicholas Plunket the Lawyer Birford the Lawyer and a multitude of others and the work of that day was first to make Answer to a Summons made by the State for the calling of the Lords unto Dublin which Answer was brought ready drawn by the Lord of Gormanston and presented by his Lordship and being perused by the said Council at Law was Signed by the Lords The Board having Information that Luke Netterville Esquire George Blackney of Richenhore Esquire George King of Clantarf and others were Assembled at Swoords they sent to charge them upon their Allegiance forthwith to depart and not to unite any more in such a manner as by the following Order from the Board appears By the Lords Justices and Council William Parsons John Borlase WHereas we have received Information An Order of the Lords Justices and Council to dissolve an unlawful Assembly at Swoords Dec. 9. 1641. that Luke Nettervile Esq George Blackney of Rickenhore Esq and George King of Clantarfe Gentleman and other Gentlemen of the County of Dublin with great numbers of Men are Assembled together in a Body at Swoords and thereabouts within six Miles of this City for what intent we know not but apparently to the Terror of his Majesties good Subjects and though considering the unseasonableness of this time chosen for such an act without our privity whatsoever their pretence is a construction might be made thereof to their disadvantage yet we being willing to make an Indulgent Interpretation of their Actions in regard of the good opinion we have of the Loyalty of those Gentlemen who it seems are principals amongst them in that Assembly and conceiving there may be some mistaking in that enterprise we have
chosen the rather hereby to charge the said Luke Nettervile Blackney King and all the Persons there Assembled with them upon their duties of Allegiance to his Majesty immediately upon sight hereof to separate and not to unite any more in that manner without direction from us and that the said Netervile Blackney King and six others of the Principal Persons of those who are so Assembled at Swoords or thereabouts as aforesaid do appear before us to morrow morning at ten of the Clock to shew the cause of their Assembling in that manner whereof they may not fail at their extream Perils Given at his Majesties Castle of Dublin 9. Decemb. 1641. Ormond Ossery Rob. Dillon Cha. Lambart J. Temple Charles Coot But instead of Obedience to the Commands of their Lawful Superiors they returned this Answer That they were constrained to meet there together for the safety of their Lives That they were put into so great a Terror by the rising out of some Horse Troops and Foot Companies at Dublin who Killed four Catholicks for no other reason than that they bore the name of that Religion as they durst not stay in their Houses and therefore they resolved to continue together till they were assured by their Lordships of the safety of their Lives before they ran the hazard thereof by manifesting their due obedience to their Lordships And there they began to form a kind of an Army Constituting Richard Golding Thomas Russell Francis Russâ—ll Robert Travers Christopher Hollywood and others to be Captains over such Men as they had and intended to Raise Hereupon the Lords Justices and Council Published a Proclamation the 13th of December Declaring their Innocency and that those four they alledged were Killed as Papists one of which was a Protestant were such as were found actually Guilty of Rebellious Courses commanding them upon their Allegiance to his Majesty to separate upon sight of their Warrant and that the said Luke Netterville and his Accomplices should appear before the Board on the 18th of the said Month to the end they may be fully heard by the Lords Justices and Council to which end their Lordships thereby gave them and every of them the Word of the State that they might then securely and safely repair thither without danger of any trouble or stay whatsoever But they took little notice of these Commands or Promises but continued still at Swoords and their Numbers increasing they threatned to come and Incamp at Clantarfe a little Village Situate upon the very Harbor of Dublin where some of their Party had already at low Water Seized and Plundred a Barque lying there carrying a great part of the Goods they took from Aboard her to the dwelling House of Mr. King who was owner of that Village This insolent and daring Villany put the Board upon a very quick and severe Resolution fearing that if they should in good earnest Seize upon that Village and make any Fortifications there by the Assistance of the Rebels Ships at Wexford they might stop up the Haven of Dublin and prevent all Relief from coming to them from England which was the only Remainder of hopes which they had left And therefore the said King continuing in his Contumacy with the other Gentlemen at Swoords an Order of Councel was Issued to Prosecute the Rebels at Clantarf and their Relievers as follows By the Lords Justices and Council William Parsons John Borlase FOrasmuch as divers of the Inhabitants of Clantarfe Order of the Lords Justices and Council for prosecuting the Rebels at Clantarf c. 14th Dec. 1641. Raheny and Kilbarrock have declared themselves Rebels and having Robbed and Spoiled some of his Majesties good Subjects are now assembled thereabouts in Arms in great Numbers Mustering and Training of their Rebellious Multitudes to the Terror and Danger of his Majesties good Subjects as well at Land as at Sea which their boldness is acted in such a manner as to put scorns and Affronts upon this State and Government they acting such Depredations even before our Faces and in our own View as it were in despight of us It is therefore Ordered that our very good Lord the Earl of Ormond and Ossery Lieutenant General of the Army do forthwith send out a Party of Souldiers of Horse and Foot to fall upon those Rebels at Clantarfe and thereabout who in such disdainful manner stand to out-face and dare us and to endeavour to cut them off as well for Punishment of them as Terror to others and to Burn and Spoyl the Rebels Houses and Goods and to prevent their further annoying of the Shipping going out and coming in and lying in Harbour those Souldiers are to bring up or cause to be brought up to the new Crane at Dublin such of the Boats and Vessels now lying there as they can upon the sudden and to Burn Spoyl Sink and make unserviceable the rest Given at his Majesties Castle of Dublin 14th December 1641. Ormond Ossery Rob. Dillon Cha. Lambart Ad. Loftus J. Temple Cha. Coote Fr. Willoughby Also the same day an Order was Issued from the Board for Prosecuting the Rebels at Swoords as followeth By the Lords Justices and Council William Parsons John Borlase WHereas divers Rebels lately Assembled at Swoords and other Places An Order of the Lords Justices Council for prosecuting the Rebels and their Relievers at Swoords Dec. 14th 1641. where they continued in Warlike manner braving this State and Robing and Spoyling his Majesties Good Subjects thereabouts in Scorn and Contempt of this Government and Terror of his Majesties well affected Subjects thereabouts And whereas those Rebels have been harboured and relieved by the Inhabitants of Swoords and other Places who have shewed so much readiness to comply with them and good affection towards them as they did not in all the time they continued there send us any Advertisement thereof or of the Number or Strength of the Rebels whereby we might take a course to Vindicate his Majesties Honour in this State and Government from the Scorn and Affront of the Rebels and render deliverance and safety to his Majesties good Subjects It is therefore Ordered That our very good Lord the Earl of Ormond and Ossery Lieutenant General of his Majesties Army do forthwith send out a Party of his Majesties Forces Horse and Foot to fall upon those Rebels and their said Relievers and Harbourers and to cut them off and as well for Punishment of those their Relievers as for Terror to others to Burn Spoyl and Destroy the Houses Corn and all other Goods of the said Relievers at Swoords or other Places where the Rebels have been or are Relieved Given at his Majesties Castle of Dublin the 20th day of December 1641. Ormond Ossery Cha. Lambart Ad. Loftus Jo. Temple Cha. Coote Fr. Willoughby Ja. Ware Rob. Meredith And accordingly the next day Sir Charles Coot with a Commanded Party went to Clantarfe and set the Village on Fire Burning their Boats and Houses so that they
of the House of Lords 849. At the Bar of the House of Commons 856. A Petition of some Merchants c. against him 881. A Motion of the House of Commons for displacing him dissented to by the House of Lords 882. Cruelty of the Irish Rebels 633. Customers offer 100000 l. for an Act of Oblivion 256. are Ordered to pay 150000 l. ibid. Votes about the Petty-Farmers 258. who Petition the House 265. Custos Regni insisted on by the House of Commons 425. the Judges Opinion about it 430. D. SIr Thomas Danby a Witness for the Earl of Strafford 95. Mr. William Davenant accused for a Conspiracy to seduce the Army 232. a Proclamation to stop him 233. sent for by a Serjeant 245. Committed 246. Bayled 377. Lord Chief Baron Davenport Impeach'd by the House of Commons 343. Articles against him 347. Sir Thomas Dawes a Writ Ne exeat regnum against him 425. Deans and Chapters defended by Doctor Hacket in the House of Commons 240. Speeches in Parliament concerning them 282. 289. Debts of the Kingdom considered by the House of Commons 257. 724. Declaration of the House of Commons concerning several Church-matters without the consent of the House of Lords 481. of the House of Commons of Ireland upon the Queeres proposed to the Judges there 584. of the English Parliament touching the Irish Rebellion 601. of the House of Commons against Inigo Jones 728. of the King in answer to the Remonstrance 746. of the House of Commons concerning the Tower and Collonel Lunsford 778. Declaration of the State of the Kingdom projected 615. debated 664. appointed to be delivered and by whom 689. set down at large 692. c. how received by the King 709. House divided about Printing it 743. Declaration for a Posture of Defence 850. rejected by the House of Lords 857. Declaration concerning Breach of Priviledges 853. Sir Edward Deering Chairman of a Sub-Committee for Scandalous Ministers 245. delivers the Bill for abolition of Episcopacy with a Speech 248. how unfortunate 249. his Speech about Episcopal Government 295. concerning the Order for removing the Communion Table 493. concerning Bowing at the Name of Jesus 610. about the Declaration of the State of the Kingdom 664. against passing it 668. the behaviour of the factious to him 672. Defence of the E. S. to the first Article against him 54. to the second 55. third 56. fourth 58. fifth 60. sixth 61. eighth 63. ninth 64. tenth 65. twelfth 67. thirteenth 68. fifteenth 71. sixteenth 74. nineteenth 78. twentieth to twenty fourth 84. to 87. twenty fifth 89. twenty sixth 91. twenty seventh 94. twenty eighth 99. Delinquents who are so Voted their Estates to be seized 511 Delinquents about the Sope Patent 513. Serjeant Dendy Inform'd against for words 888. Bishop of Derry Impeach'd 566. Articles against him 570. Sir Simon D'ewes his Speech about the Poll-Bill 322. concerning the Palatinate 368. Differences between the Lords and Commons about the Votes for the Protestation 416. Lord Digby one of the Committee to prepare the Charge against the Earl of Strafford 7. appointed one of the Managers of the Evidence against him 28. his Speech at passing the Bill of Attainder 157. which is Ordered to be Burnt by the Common Hangman 160 389. exceptions taken at some Words of his 271. expelled the House of Commons 275. made a Baron and added to all the standing Committees ibid. a Message from the House of Commons about him 791. Information against him 845. Summoned to attend the House of Lords 882. his Apology at large 863. Lord Dillon a Witness for the Earl of Strafford 56 58 60 61 71. made one of the Lords Justices of Ireland 564. displaced to please the Faction ibid. Committed by the House of Commons 786. Directions of the House of Commons for taking the Protestation 229. of the same to their Committee during the Recess 481. Disbanding the Army Votes Orders c. about it 233 286 454 456 457 458 461. Disbanded Soldiers to be permitted to go beyond Sea 495. Dondalk taken by the Irish Rebels 636. Sir James Douglas sent for as a Delinquent 753. Mr. Edward Dowdall's Depositions concerning the Treaty between the Lords c. of the Pale and the Irish Rebels 907. Bishop of Down a Warrant to him concerning Contemners of Eeclesiastical Jurisdiction 63. William Dowson a Witness against the Earl of Strafford 94. Thomas Drinkwater ordered to the Pillory for a Contempt 238. excused 245. Drogheda see Tredagh Dublin Fortified 636. Citizens pretend themselves not able to raise 40 l. ibid. cunningly victualled by the Master of the Rolls 637. Strangers ordered by Proclamation to depart the City and Suburbs 637. Dr. Duncomb Witness for the Earl of Strafford 55. Dunkirkers laden with Ammunition for Ireland stopt 844 857. Durham House assured to the Earl of Pembroke by an Act 426. Dutch Ambassador desired to assist in stoping the Dunkirkers 857. E. EDwards a Witness against the Earl of Strafford 90. Egor a Witness against the Earl of Strafford 36. Election of Members Cases about it 599. 870. Sir John Elliot 's Case 376. Bishop of Ely his Case with Lady Hatton 270. see Wren Dean of Ely see Fuller Embassadors Voted not to entertain Priests Natives of England 373. French or Spanish Embassadors see French or Spanish Episcopacy a Bill Proposed for the Abolishing of it 248. Sir Edward Deering 's Speech upon it 248. Sir Benjamin Rudyard 's 249. the Lord Newark 's 251. Votes of the House of Lords upon it 255. Report of a Conference about it 259. Debated in the House of Commons 275. two Papers concerning it presented to the House of Commons 301. Votes about it 380. Order to discourage Petitioners for it 655. Epitaphs upon the Earl of Strafford 204. 205. Sir Walter Erle one of the Commissioners to prepare the Charge against the Earl of Strafford 7. appointed one of the Managers of Evidence against him 28. gravell'd in his Management he is assisted by the Lord Digby 100. sent down to secure Dorsetshire 233. Earl of Essex made Lord Lieutenant of Yorkshire 247. and Lord Chamberlain 407. Motion of the House of Commons that he have power over all the Train'd Bands South of Trent 608. lays down that Commission 684. Evidence against the Earl of Strafford Summ'd up by him 104. Examination of Owen Connelly about the Irish Rebellion 520. of Mac Mahan concerning the same 521. of Richard Grave 522. of Mr. Attorney General about the five Members 873. Exceptions taken at some words of the Lord Digby 27. at a Letter from the Speaker of the House of Lords of Ireland 417. at a Message from the House of Lords by one Person only 474. at the Bishop of Lincoln 477. at the Kings Speech 739. Exclusion of the Bishops from Voting in the case of the thirteen Impeached Bishops a Conference about it 500. Execution of the Earl of Strafford 201. Explanation of the Protestation 241. of the Act of Pacification 625. Extract of Letters from the Lords Justices of
Plot against Mr. Pym by way of Plaister 496. of one Beal a Taylor 646. Plot in Army 653. against the House of Commons 836. against some Lord 843. Pluralities a Bill against them 257 a Proviso for Chaplains c. 496. Poll Bill the Rates 293. a Record concerning it 324. past the House of Lords 325. and the King 327. Poll Money an Order concerning it 458. Captain Pollard committed on suspition of Treason 288. bailed 324 voted to have his Pay 477. voted guilty of Misprision of Treason and expell'd the House of Commons 725. Earl of Portland 's Defence against the Commons who would remove him from his Government of the Isle of Wight 655. Ports ordered to be stopt 232. Portsmouth Garrison Money ordered for it 449. Order of the House of Commons for its security 845. Marmaduke Potter a Witness against the Earl of Strafford 54. Sir Herbert Price sent to the Tower for bringing in Candles without Order 272. discharged 288. Priest of the Venetian Ambassador Imprisoned 394. Priests and Jesuites ordered to be Apprehended 647. Priests Condemn'd interceded for by the French Ambassador 719 731. Vote of the House of Commons that they be Executed 732 740. Prince see Charles Printer Imprison'd for an Elegy on the Earl of Strafford 246. bailed 324. Printing of the Orders of the House of Commons when first 390. Priviledge broken by giving the Lye to a Peer 380. by the Kings Speech 739. and by his coming to the House of Commons to demand the 5 Members 822. Proclamation of the Earl of Strafford concerning the Importation and Sale of Tobacco 66. Proclamation to bring in Mr. Percy c. 233. for disbanding the Horse 429. for establishing Religion 730. for absent Members to attend 736. against Tumults 786. for suppressing the Irish Rebellion 809. Proclamation of the Lords Justices of Ireland for stopping the Rebellion 522. for satisfaction of the Lords and Gentlemen of the English Parliament 631. for strangers to depart Dublin 637 638. against the Calumny of the Rebels acting by the Kings Commission 638. forbidding Soldiers to return to England 918. Proposition concerning Ecclesiastical Affairs presented to the House of Commons 301. ten Propositions of the House of Commons to be presented to the King upon his going for Scotland 310. debated 317 373. five new heads added 394. Propositions of the Scots Commissioners and the Answer of the English Commissioners for concluding the Peace 421. of the House of Commons to the Scots Commissioners for the Kings stay Fourteen days 433. of the French Ambassador for Soldiers 436. of the Scots Commissioners upon the difficulties of marching their Army home 438. of the House of Commons to the House of Lords about the Irish Rebellion 524. several invidious Propositions of the House of Commons at a Conference 737. Propositions of the Scots Commissioners about assistance for Ireland 742 762 778 782 799. of the House of Commons about the Irish Parliament 768. of the House of Lords to the House of Commons about the Scotch assistance for Ireland 768. briskly answer'd by the House of Commons 771. Protections complained of by the Londoners 509 646. Votes of the Committee upon it 510. Case of Mr. Benson about it 595. Votes about it 596. Protestation of Secresu required by the House of Commons of their Members 11. a Protestation ordered to be printed and sent into all Counties 229. Direction for taking it ibid. taken by some Recusant Lords 237. Jesuitically explain'd by the Presbyterian Commons 241. A Bill for imposing it rejected by the House of Lords 414. imposed on the Tower Guards 466. Protestation of six Lords against publishing the Order about Tumults 483. of both Houses concerning the breach of Privilege by the Kings Speech 750. of divers Lords against putting off the Debate of the Tower 779. of the Bishops 794. of the Lords dissenting to the Vote about the Lieutenant of the Tower 882. of the Irish Parliament against the Rebellion 898. Pryn ordered to be restored to Lincolns-Inn 251. Public Faith a Bill for it 437. Pury an Alderman of Glocester his Speech against Deans and Chapters 289. Sir Robert Pye a Witness against the Earl of Strafford 39. Pym moves for a Grand Committee about Irish Affairs 5. one of the Committee to prepare a charge against the Earl of Strafford 7. impeaches him in the House of Lords ibid. delivers the Articles against him 8. his Speech upon that occasion 9. carries up Articles of further Impeachment 11. appointed a manager of Evidence against him 29. his Speech at the Trial 30. his Reply to the Earl of Strafford 's defence 47. his Speech at summing up the Evidence 145. his Speeches ordered to be Printed 237. Order to stop a Suit against him 393. his Report of what had been done during the Recess 488. a Plot against him 496. his Speech at the Conference for excluding the Bishops from voting in the case of the thirteen Impeach'd 500. his Speech concerning evil Councellors 619. Impeached of High-Treason 811. Q QUaerie's put to the Judges about matters in Parliament 374. Quaeries proposed by the Irish Parliament to the Judges there 572 575 584. Queen present at the Trial of the Earl of Strafford 29. a Conference about her Journey to the Spaw 390. Reasons against it 391. a Message to her about it 392. her answer 393. her Message to the House of Commons about it 405. answer to their thanks 406. her answer about the Capuchins 448. complemented by the Commissioners of both Houses for Scotland 452. her Answer 456. Message to her about the Prince 597. her Answer ibid. her Answer concerning Fa. Philips 605. Information of a design to seize her c. 781. Queen Mother a Conference of both Houses about her 237 247. Tumults about her ibid. a Message concerning her 329. Mr. Quelch Minister of St. Bennet Grace-Church inform'd against by Alderman Penington 776. bailed 884. Grand Question concerning Bishops Votes in Capital causes an Abstract of it 503. R. RAbble Tumult about the Spanish Embassadors house 187. stop the Lord High Steward 188. post up the conscientious Members under the name of Straffordians Ibid. They Petition against him 189. Raby the Title of Baron of it conferred on Sir Tho. Wentworth 3. Sir George Radcliff impeach'd by the House of Commons 8. has liberty to take the Air 412. his Petition to the House of Lords 464. Articles against him by the House of Commons of Ireland 570. Rails about the Communion Table pull'd down by the Sectaries 271 322 389. trouble about them 491. Railton a Witness for the Earl of Strafford 54. Lord Ranulagh a Witness in the Case of the Earl of Strafford 36 57 59 83. 70 71. Rebellion see Irish Reasons of the Lords for Bishops voting in Parliament 259. answered by the House of Commons 260. Reasons against the Queens Journey to the Spaw 391. against the King's Journey to Scotland 430. of the House of Commons for sitting on the Lord's Day 436. of the King for not signing
out of the hands of the King And to effect this all those Plots and Contrivances which the Reader will meet with in the ensuing Collections some of which are manifestly detected to be False Forged and Ridiculous were with the utmost Industry improved and magnified to run the People headlong into Tumults Mutinies and Rebellion There was the Plot of the Army against the Parliament the Plot against Pym by sending him an infected Plaister in a Letter the Plot in Scotland against Hamilton and Arguile which was to beget another of the same Nature in England Beal the Taylor 's Plot of 104 Men who for 40 s. apiece for the Commons and 10 l. for Lords were to kill just so many of the Lords and Commons to a Man there was the Plot discovered in a Letter to Mr. Bridgman information of French Spanish and Danish Plots besides the great Plot of the Papists and Bishops to bring in Popery and the King and his Evil Councellors to destroy Priviledges and Parliaments and to fire the City and cut the Throats of the Citizens Now all these Plots Centred in this one Point that the Kingdom being in such extreme Danger not only from Foreign Enemies but Domestique the People could have no manner of Security for their Lives Liberties Estates or Religion unless the King would trust the Parliament with the Power of the Sword the Militia of the Kingdom the Navy Forts Garrisons Castles Magazines and Stores and more especially the Tower of London and the Towns of Portsmouth and Kingston upon Hull that so by their Order and Appointment such Persons as His Majesty thought fit to bestow those Trusts upon might be displaced and such as the Parliament could confide in the Creatures of the Faction might have those important Trusts and Charges conferred upon them Whilst the People continually amused and alarm'd with these apprehensions of Danger which the Faction perswaded them threatned them from every quarter of the Heavens were blown up into an Universal Ferment of desperate Fears and incurable Jealousies the Horrid Rebellion in Ireland broke out which gave such Countenance and Colour to all the former though never so fictitious Rumors of Plots and Conspiracies that the Nation was all in a Flame and under the most dreadful Apprehensions that the very same Design was laid for the Ruin and Destruction of England which gave the Faction all the Confidence and opportunity they could have wished or desired to seize upon the Militia by force which they could not by perswasions obtain from the King who now evidently saw where all their fine Pretensions to Loyalty and Duty would most certainly Terminate And so resolutely were they bent upon this Usurpation that they permitted the Rebellion in Ireland for want of timely Supplies of Men and Money to suppress it to grow to that formidable height as to put England to the vast Expence of Blood and Treasure which it did afterwards by the neglecting to extinguish this fire upon its first Eruption Nor was this the only Use which the Faction in the Two Houses in England made of this Rebellion in Ireland For when afterwards they came to break out into a Rebellion themselves certainly not less horrible and detestable since they pretended to be acted by a Religion which hitherto had decried Popery upon the very score of allowing Principles of Rebellion deposing and murthering Lawful Princes the Parliament in their Papers Answers and Declarations secretly reflected upon the King and by their impudent Agents and Emissaries and the allowed Scriblers and News-Printers the very Pests of the Age openly published that the Rebellion in Ireland began by his knowledge and connivance and by that means they laid all those Massacres and Murthers which were there most barbarously committed at His Majesties door and by heightning the Infamous actions of the Rebells there with the most aggravating Circumstances of Inhumanity and Cruelty whilst they secretly insinuated the King to be concerned in them they certainly robbed him of the Hearts and Hands the Allegiance and Affections of his Subjects I cannot therefore but esteem it a Duty which common humanity challenges from all mankind to indeavour the vindication of the injured and oppressed but I look upon my self as under the severest Obligations of Christianity Conscience Truth and Justice to clear the Reputation of this Royal Sufferer from the horrible Detractions Slanders and Calumnies with which those brutish Rebels did not only blemish his Life and Actions but have most barbarously persecuted his Innocent Memory indeavouring therefore to make him appear Criminal that their hands which were died in his Sacred Blood might appear less Guilty And I shall esteem it a very singular Honor and the greatest Glory of my life that Providence has given me the opportunity to be in some measure Instrumental toward the fulfilling of that prophetick Passage in his incomparable Book 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cap. 15. where he hath these words concerning the Jealousies raised and Scandals cast upon him by his Enemies For Mine Honour I am well assured that as Mine Innocency is clear before God in point of any Calumnies they Object so My Reputation shall like the Sun after Owles and Bats have had their freedom in the Night and darker times rise and recover it self to such a Degree of Splendor as those Ferab Birds shall be grieved to behold and unable to bear for never were any Princes more Glorious then those whom God hath suffered to be tried in the Fornace of Afflictions by their injurious Subjects I am very sensible that in pursuing the Historical Account of the Irish Rebellion I shall have the management of a very difficult Province there being a sort of People who think there can be no Hyperbolies in aggravating the blackness of the Irish Rebellion though at the same time they think every little reflection too hard and sharp that touches upon the English Rebellion And if a Writer cannot devest himself not only of the Humanity of a just and generous Heathen but of the Charity of a good Christian he shall be pursued with the odious Reproaches of a Favourer of Popery and therefore I must avow my Resolution to be honestly to follow the Conduct of Truth without the least declining on any hand to the best of my Understanding and Information and in order to that Procedure though I think and upon all occasions shall indeavour to make it appear that the Rebellion of the Irish was a most Horrid and Treasonable Defection from their Duty and Loyalty and carried on with most barbarous and unexampled Cruelty yet I shall not exactly follow the steps of some other Pens who have undertaken to give an account of the Transaction of the Affairs of that time since to me it is evident that they have not dealt fairly neither with the King nor Loyal Party nor indeed with Truth her self but have concealed some things and palliated others which in Justice they ought not to have done and
of his Throne against the Common-wealth by destroying the principles of Safety and Prosperity Other Treasons are against the Rule of the Law this is against the being of the Law It is the Law that unites the King and his People and the Author of this Treason hath endeavoured to dissolve that Vnion even to break the mutual irreversal indissoluble band of Protection and Allegiance whereby they are and I hope ever will be bound together If this Treason had taken effect our Souls had been inthralled to the Spiritual Tyranny of Sathan our Consciences to the Ecclesiastical Tyranny of the Pope our Lives our Persons and Estates to the Civil Tyranny of an Arbitrary unlimited confused Government Treason in the least degree is an odious and a horrid Crime other Treasons are particular if a Fort be betrayed or an Army or any other Treasonable fact committed the Kingdom may out-live any of these this Treason would have dissolved the frame and being of the Common-wealth it is an Vniversal a Catholick Treason the venom and malignity of all other Treasons are abstracted digested sublimated into this The Law of this Kingdom makes the King to be the Fountain of Justice of Peace of Protection therefore we say the Kings Courts the Kings Judges the Kings Laws The Royal Power and Majesty shines upon us in every publick blessing and benefit we enjoy but the Author of this Treason would make him the Fountain of Injustice of Confusion of publick misery and calamity The Gentiles by the light of Nature had some obscure apprehensions of the Deity of which they made this expression that he was Deus optimus maximus and infinite goodness and an insinite greatness All Soveraign Princes have some Characters of Divinity imprinted on them they are set up in their Dominions to be Optimi Maximi that they should exercise a goodness proportionable to their greatness That Law term Laesa Majestas whereby they express that which we call Treason was never more thorowly fulfilled then now there cannot be a greater laesion or diminution of Majestie then to bereave a King of the glory of his goodness It is goodness My Lords that can produce not onely to his People but likewise to himself Honour and Happiness There are Principalities Thrones and Dominions amongst the Devils greatness enough but being uncapable of Goodness they are made uncapable both of Honour and Happiness The Lawes of this Kingdom have invested the Royal Crown with Power sufficient for the manifestation of his Goodness and of his Greatness if more be required it is like to have no other Effects but Poverty Weakness and Misery whereof of late we have had very woful Experience It is far from the Commons to desire any abridgment of those great Prerogatives which belong to the King they know that their own Liberty and Peace are preserved and secured by his Prerogative and they will alwayes be ready to Support and Supply his Majesty with their Lives and Fortunes for the maintenance of his Just and Lawful Power This My Lords is in all our Thoughts in our Prayers and I hope will be so manifested in our Endeavours that if the Proceedings of this Parliament be not interrupted as others have been the King may within a few Moneths be put into a clear way of as much Greatness Plenty and Glory as any of his Royal Ancestors have enjoyed A King and his People make one Body the Inferiour Parts confer Nourishment and Strength the Superiour Sense and Motion If there be an interruption of this necessary intercourse of blood and spirits the whole Body must needs be subject to decay and distemper therefore Obstructions are first to be removed before Restoratives can be applyed This My Lord is the end of this Accusation whereby the Commons seek to remove this Person whom they conceive to have been a great cause of the Obstructions betwixt his Majesty and his People for the Effecting whereof they have Commanded me to desire your Lordships that their Proceedings against him may be put into as speedy a way of dispatch as the Courses of Parliament will allow First That he may be called to answer and they may have liberty to Reply That there may be a quick and secret examination of Witnesses and they may from time to time be acquainted with the Depositions that so when the Cause shall be ripe for Judgment they may collect the several Examinations and represent to your Lordships in one entire Body the state of the Proofs as now by me they have presented to your the state of the Charge Of which Mr. Pym having given an account to the House had the Thanks of the House returned for his well delivery of the Charge against the Earl of Strafford After this Impeachment was Read Earl of Strafford sent to the Tower the Earl was sent for to the House of Lords and acquainted with the Order of their Lordships for his Commitment to the Tower upon which occasion he made a most Moving and Eloquent Speech but I have not been able to retrieve it the Journal where it is Entred being according to an Act of Parliament after the Restauration of King Charles the Second wholly obliterated The Earl being thus Committed Friday Nov. 27. he Petitioned the Lords to have Counsel assigned him which was allowed and Mr. Richard Lane the Prince's Attorney Mr. Recorder of London Mr. Jo. Lightfoot Mr. Hugh Windham Serjeant Rolles Mr. Platt and Mr. Geo. Love were appointed to be his Counsel Upon the 30 of November a Conference was between a Committee of the Two Houses concerning the Examination of Witnesses and other things preparatory to the Trial of the Earl Monday Novemb. 30. where the Lords agreed That such Members of the House of Commons as they shall appoint shall be present at the Examination of Witnesses and the Lords who were appointed to take the Examination of the Witnesses were Earl of Bath Earl of Bedford Earl of Hartford Earl of Essex Lord Wharton Lord Kimbolton Lord Brook Lord Roberts Lord Savile Thursday Dec. 3. Committee to Examine Evidence an Oath of Secrecy administred Lord Viscount Say and Seal who were impowered to give an Oath to the Attendants Witnesses and the Commons who were to be present of Secresie till the publication of the Evidence The Commoners chosen by their House to be present at this Examination were Mr. Selden Mr. Dutton Mr. Crew Sir Peter Hayman Mr. Grimston Commons to be present at the Examination their Protestation Sir Henry Anderson Sir Nevil Pool Sir Tho. Barrington who were all required to declare That by their Duty they owe to this House they are obliged to keep all those Examinations secret who accordingly did every one make an open protestation that they would The Earl also Petitioned to be heard at the time of the preparatory Examinations but was denied Among the Rest of the Witnesses Examined against the Earl Sir David Fowles was one who at the same
and old Entayles would be set on Foot and by that means the later Purchaser avoided by which means there was a great loss and prejudice to the King in his Wards which by these Laws are setled and the Laws of Ireland brought much nearer the Laws of England than before And in this point I conceive I am not absolutely gainsayed but only conditionally that is that notwithstanding this I have set up another Government Arbitrary and Tyrannical To which I shall not now trouble your Lordships with an Answer that being in the particulars of my Charge And thus I think the first to be fairly and clearly Answered Then that there were more Parliaments in the time of my Government than in 50 years before There were two in my time and if I might call Witnesses it would appear that there were not so many within that time before but being not material to my Defence or Condemnation I will not trouble your Lordships with proof unless you will require it I having them here that I think can make it good And whereas in my Answer I deny that I ever had hand in any Project or Monopoly and that I did prevent divers that otherwise would have passed I said that under favour with all duty and confidence I must still affirm it That I never had hand or share in any manner of Monopoly or Project whatsoever unless the Tobacco-business were a Monopoly which under favour I shall clear not to be but that being part of my Charge I think it impertinent now to give Answer unto it but will satisfie your Lordships in that behalf in proper time and place But more then that of Tobacco I say absolutely and directly I never had my hand or share in any Monopoly or Project nay I did as much as I could Oppose all of them particularly the Monopoly of Iron-Pots for which I reserve my self to Answer as part of my Charge And a new Book of Rates whereby it was proposed That the Rates of the King's Customs might be encreased And this I did Oppose and Disavow albeit I was a sharer in the Farm and consequently should have had the Benefit and Advantage of it for my proportion and by the King 's Gracious Goodness when His Majesty came to be more fully and clearly informed of it it was stopped and never went on And this I will make appear in that point of the Articles that concern the Customs The Fourth is That I have not had any greater Power or larger Commission than my Predecessors in that Government have had which I conceive under favour is not controverted but granted and therefore stands good to me or if it wer econtroverted I am able to make it appear that I have brought in nothing more than was formerly accustomed in the point of the Deputies Commission The next thing in my Answer is That the Revenue of Ireland was never able to Support it self before my coming thither and that I say still with all Humility and Duty is most true And I trust to make it apparently true presently if Your Lordships will give me leave to call for and examine my Witnesses It being the Proofs Your Lordships will look to and not to what was only alledged by that Worthy Gentleman And further than Your Lordships shall find proved I desire not to be believed The proof offered against me is by Sir Edward Warder and Sir Robert Pye who testified That from the Year 1621. nothing went out of the King's Exchequer to supply the Irish Affairs saving only for the Maritime occasions And this I believe to be true for they be Gentlemen of Credit that speak it and I will believe them on their Words much more on their Oaths But under favour there was for Eight Years together before my coming a Contribution of 20000 l. a Year paid by the Country which was no part of the King's Revenue nor as I conceive ever came into Accompt nor was paid into the Exchequer as will appear on the Fifteenth Article but was a Gift of the Country and applyed to the King's Occasions and that determined the Revenue fell short 20000 l. of the Charge Besides when I came into Ireland the Crown was extreamly indebted above as I think not to stand on particular Sums and Pence 100000 l. Sterling And by the Gentleman 's own saying when I came out of Ireland I left 100000 l. in the King's Coffers And if any ask where the Accompt for the Subsidies is There is 100000 l. Debt paid 100000 l. left in the King's Coffers For it appears by Sir Adam Loftus that there was 100000 l. in the Exchequer when I came from thence There was 15000 l. employed for buying Land that yields the King 2000 l. a Year And so much of my Lord of Ormond as yields 2500 l. a Year So that the Accompts will shew the bestowing of the Subsidies with as much Advantage as might be for the King's Service That the Revenue was short I could make appear clearly The occasion that no Money came out of the Exchequer was accidental by a Contribution of the Country no Revenue of the Kings And if that had not been supplyed there had been no possibility of defraying the Ordinary Charges of the Crown out of the Revenue and that is the Point wherein I differ from the Gentleman his meaning being That the ordinary Revenue of the Kingdom could not bear the ordinary Charge of the Kingdom And I desire that Sir Adam Loftus and Sir Robert Dillom may be examined upon such questions as shall be propounded in this point And whereas it is said I was short in the Shipping I affirm that under favour I was not It is true that in the time of the late Justices my Lord of Corke and my Lord Loftus the last years Charge of the Shipping was paid forth of Ireland But it is as true that when the Kingdom underwent the Charge they lessened the Charge of the King's Army by striking 500 off from the Army and transferred the Charge of their pay to the easing of the King's Revenue on the Navy But that Charge being now increased again and brought to the former certainty I conceive I might truly say There was in my time an ease to the Crown of England all things considered which formerly it had not It being not with the prejudice of the King's Service elsewhere or lessening the standing Army which in all times hath been the strongest support of the King's Justice and Ministers there and which it deeply concerns the Crown of England to keep in such a Condition that they may be responsible to the King for the Services he shall Command So that though the Shipping Charge was paid the last year yet so paid that the King's Army was weakened 500 Foot whereas now it is paid and the King's Army raised to a certainty again and a Change is made to the better for instead of 500 Foot there is 600 Horse And that I say
single Testimony that on the matter confesses the thing in a great part For the increase of Shipping the Gentleman question'd it not Increase of Shipping and really there is now 100 Tun for one that was there before my coming And if I had time to send into Ireland for the Certificates of the Officer of the Ports the Surveyor I think who views the Ports once a Year it should appear to Your Lordships that I have not abused you nor the Honourable Gentlemen that hear me And whether that be an Argument that the Trade and Wealth of the Kingdom is improved I appeal to all that hear me when the Shipping doth so much increase And the Customs which were not above 13000 l. a year are come to 40000 l. and that on the same Book of Rates Concerning the Sentencing of Jurors Jurors Sentence in the Star-Chamber and the questioning of them in the Star-Chamber It is true divers of their Sentences were past And to those Sentences I refer my self till something be proved against the Truth and Justice of them And I think it will stand with Your Lordships Goodness to judge the best of the Court of Castle-Chamber wherein the Deputy hath but one Voice They being the King's Ministers and standing upon their Oathes to do their Duties But I think in my Conscience there was the greatest reason in the World to sentence those Persons And when it comes to be examined it will prove so And unless a strict hand be in that kind held upon the Natives the Priests shall carry them against all things that can be For either they do not or will not understand their Evidence so that it begets one of the most crying Sins in Ireland And if some Examples have been made they are upon strict Grounds and Reasons of State For if Jurors going directly and manifestly contrary to their Evidence be not punished that high and ancient Trial by Jury will fall And is it not ordinary in England to have Juries Sentenced for not finding according to the Evidence But if any one hath not been Just upon instancing of the particulars I will Answer for his Vote as well as I can For it must stand or fall according to the Merit of the Cause But one thing which I observe the Gentleman to say is very Considerable for he tells what was spent there this last Year This I have little to Answer for For when I came out of Ireland there was 100000 l. in the exchequer and how it hath been issued I know not but it hath not been done by my Warrant or Direction yet I doubt not but it will appear when examined that it hath been faithfully and justly disposed But I am not to Answer for it only I can say That when I came out of that Kingdom the Kingdom was so far from being 60000 l. in Debt as some such thing was spoken that there was 100000 l. in the King's Coffers And for the 50000 l. received by me in England Mr. Vice-Treasurer in Ireland is Accomptable for it though Mr. Vice-Treasurer never touched the money and my self as little And Mr. Vice-Treasurer discharges himself of it by Warrants issued from me and charged it upon other Accomptants who when they come to Account I doubt not but a good Account will be given Though under favour of the Gentleman of the 50000 l. 14000 l. is yet unpaid only there is an Assignment But it lies on him and his Credit for discharge of the Kings Service And it must lye on him or on some other person if himself have nothing left him And whereas it is said the money I had as borrowed was taken out when the King's Army was in want I desire Your Lordships to observe It was two Years ago when I had this money and then there was 100000 l. in Surplusage And though the King gave me Liberty of His Goodness to use it three Years it was not wanting to the Army when it stood in need of it The next thing urged was my Cozenage in the Custom-house and that I had there Cozened the King notably 5 or 6000 l. a year deep To Answer this I reserve my self till I come to the particular Article but desire leave with all Modesty to say That it shall appear I have not Cozened nor deceitfully abused His Majesty for a Farthing Token neither in that nor in any thing else And that there is no other Allowance nor Defalcation by the Grant wherein I am Interessed for 15600 l. a year and 8000 l. Fine then was allowed to the former Farmers that had it at the Rent of 13000 l. a year And that I have made the King a much more profitable bargain than he had or could have without it The next was for the Revenues of the Church That they were got without Rules of Justice And were an Offering of Rapine And that I had an Eye to my own Preferment in the Person of my Lord of Canterbury To that I have already Answered And thus having run over all the Preamble I humbly begg leave to make some Observations upon the Testimonies produced viz. That the Examinations of Sir John Clotworthy and my Lord Ranulagh I conceive do not concern me Mr. Barnewells was for things spoken when I was out of the Kingdom and were concerning Sir George Rateliffe and not me For the Remonstrances shewed wherein they disclaim the Preamble to the Act for four Subsidies I beseech Your Lordships to consider how unlikely it is that I should do any thing in that kinde fraudulently or surreptitiously For by the Custom of that Kingdom the Laws must be transmitted hither under the Hand of the Deputy and Council and so pass the Seal and be returned to Ireland when that Law was transmitted I was here in England as I take it And absolutely and directly I protest I never knew any thing in the World of that Preamble never saw it nor heard of it I think till I saw it in the Copy of the Remonstrance I never heard it was excepted against it having pass'd the Vote and three times reading in both Houses And I would have consented to have it struck out as in truth I will now being far from any thing of vanity and not thinking my self better or worse by being put in or out And if it were charged upon me as a Crime or were material for me to prove it I think I could by Witness in Town prove That it was the general Vote of the Commons House and passed with as much Applause and Chearfulness as any thing And if my Lord Dillon and Sir Adam Loftus and some other of the Irish Commissioners were examined upon Oath I believe they would Swear they never heard any Exceptions against it till the time I was Impeached with High Treason For the Particular concerning Sir Pierce Crosby it concerned not me but the reason of his being put from the Board was this All Laws must first be transmitted
things as may advance the King's Service and that from them it passes to the Lord Keeper or Chancellor That he gave no Directions about it nor was any proof offered that he did as to the Execution he never did Act nor stay a minute as President after that Commission granted which appears by the Date which was 21 March 8 Car. and he went towards Ireland July following and being neither privy to the taking out the Commission nor Execution he appealed to their Lordships and the Gentlemen of the House of Commons Whether he could be Criminal That if there be an Error in a Judge so that he gives a Sentence otherwise than a man of better Vnderstanding conceives Reason for there is no cause it should be heightned to a Treason to take from him his Life and Honor merely because he was no wiser That what Mr. John Gore speaks to is not in his Charge That to what Musgrave deposeth he can say nothing but by way of Divination that he is but a single Witness speaks not to the Charge that what he sayes will hardly convince a man of a Trespass it being Grounded on a Rule in our Law Boni Judicis est ampliare Jurisdictionem as far as in Reason and Justice they may As to Thorp's Testimony which he speaks to was before the Commission 8 13 Car. and so is not within the Charge This he proved Witnesses for the Earl Slingsby Railton and Little that from July 8. 1633. he was out of England and returned not till 1639. by Mr. Slingsby his Secretary Mr. Railton and Mr. Tho. Little but not upon Oath To this the Managers rejoyned That whereas he said the Charge is not Treason if the Fact appear satisfaction will in good time be given That though this particular is not Treason yet all the parts of it amount to the subversion of the Laws of the Kingdom that is prest as Treason and this as an Evidence Then they fell upon that Expression in the charge Art 2. that at a Publick Assizes he should say That some of the Justices were all for Law and nothing would please them but Law but they should find that the King 's little finger should be heavier than the Loins of the Law This they indeavoured to prove Witnesses William Long Sir Thomas Leyton Marmaduke Potter Mr. William Long deposed That he heard him say the words Sir Thomas Leyton deposed the same and the deposition of Marmaduke Potter deceased since his Examination was read being to the same words To this he answered He could not possibly be guilty of the words as laid in the Charge which sayes it was August after the 21 March 8 Car. at what time he was in Ireland but he would not stand upon Niceties that truth might appear that the words he spoke were That the little finger of the Law was heavier then the King's Loins which agrees with the eccasion for Sir Thomas Leyton Sherriff Levying with great rigor some Knighthood-Money which was paid before but by some Error above sent down again upon which he desired Sir Thomas to return the Money and he would see him discharged in the Exchequer it being so great an Injustice to the Persons and to satisfie the Country he told them the Commission was of Grace and Favour applying those words before recited that none of the Witnesses took notice of the Occasion Dr. Duncomb being demanded what he knew deposed for the Earl Witnesses Dr. Duncomb for the Earl Sir William Pennyman That Sir Edward Stanhope told him in the presence of divers that my Lord had said That speaking of the Prerogative as easier then the Common Law he heard him use the words before recited But Sir William Pennyman positively averred it to be as my Lord had declared at which the managers took great Exception saying He did his duty well being a Member not to inform the House before The Earl desired he might not be prejudiced for his Testimony professing he would put himself upon God's Mercy and not make use of any member of either House though his principal Witnesses were of them rather than be guilty of the Injustice of overthrowing another to save himself Then Sir David Fowles was offered as a Witness but my Lord excepted against him being then a Prisoner in the Fleet at my Lord's Suit But he was over-ruled the Evidence being for the King He deposed positively That he heard the words but the occasion he did not remember but being interrogated as to the occasion a little after he answered That before my Lord went to Ireland he made a Speech to the Countrey and desired them to go on in their Service and to break out in these words which as it contradicted the former Evidence as to the Occasion so he contradicted himself saying but just before he could not well remember the Occasion Sir William Ingram deposed the words but could not remember the Occasion To this the Earl replied That admitting the words spoken Sir William Ingram yet they were not Treason and referred that as a point of Law in due time to be argued by his Councel and the Managers adding they had proved the Fact the Court adjourned This day they proceeded to the Third Article Thursday March 26. The Fourth Day That the Earl should say That Ireland was a Conquered Kingdom and the King might do with them what he pleased That the Charters of Dublin were nothing worth and did bind the King no further than he pleased The Earl moved that he might add something material to what was spoken yesterday the Manager opposed it as contrary to Order The Earl said it was a Court of Honour and a Rule to it self alledging the disadvantage of suddain Answers but it was denied him Then he moved the Witnesses might not stand with the Committee but apart as in other Courts which was also denied Robert Kennyday was produced Robert Kennyday but the Earl objected against him as a person Sentenced for Misdemeanors in his Office of Remembrancer saying It was his great Misfortune that all that have suffered under the King's Justice in his Ministry are ready to be Witnesses against him But the Manager replied If he was guilty of Extortion yet not of Perjury So he was sworn and deposed positively that he heard the words Sept. 30. 1633 spoken at the Presenting a New Mayor of Dublin The Earl of Cork was sworn against whom the Earl Excepted Richard Earl of Cork in regard of an Information against him which under his hand and Seal he had confessed and acknowledged himself in the King's Mercy for which he might be supposed to be displeased at him for something done in that Cause To this it was said the reflection was unfit the Earl of Cork being a Privy-Councellor so he was admitted He said he came over with a Resolution not to complain and left his Papers behind him that he might have no temptation to it but
till they were paid Henry Dillon affirmed That in my Lord of Cork's Tyrringham and Lord of Ely's time he had Warrants from them and the Council to gather money by laying Soldiers till it was paid Sir Arthur Tyrringham averred That by Warrant from the Lord Faulkland he had laid Soldiers upon a Debtor Lord Ranulagh till the Debt was paid but does not know whether it was the King's Debt Lord Ranulagh attested that it was the practice of the Lord of Cork and Ely to give Acquittances out of the Exchequer to Captains who if the money was not paid assessed Soldiers on the defaulters Then the Earl offered to prove That it was the desire of the Gentry themselves it might be so in the Lord Faulkland 's time but it was by Mr. Palmer agreed him from whence my Lord inferred That it disabled the first part of the Killing Charge That he should Traiterously and wickedly devise to subdue the Subjects of that Realm by levying Money on them The Earl then desired the 2d Article of the Lord Faulkland's Instructions might be read which was in haec verba For the Collecting of our Rents in cases of default that 1. a summoning Process shall Issue 2. The Pursivant sent 3. If this be not sufficient in case the same be not levyed then our Vice-Treasurer by Warrant of our Deputy and Council shall appoint a competent number of Soldiers of the next Garrison to be aiding to collect the Rents at the Charge of the Parties complained of having care that no man be burdened with a greater number of Soldiers than the Service shall necessarily require At Mr. Palmer's desire the first Article was read viz At the humble Request of Our Subjects We are graciously pleased to direct for the better preservation and ease of Our Subjects the Soldiers shall be called in c. and from what had been proved the Earl inferred That it could not be High-Treason for the King's Service to follow the King's direction and the constant practise of his Predecessors that he brought not the Custom in but found it there and that by Proclamation under the hands of the whole Council it was done for the Ease of the Countrey To the Testimony of Berne and Kenedy of the abuse of the Soldiers 1. he was not then in Ireland 2. he denies he ever gave Pigot such a Warrant and there is no proof of it That Pigot 's threatning Clear with a Warrant is no argument men often threaten most when they have least to shew Kennedy sayes he never saw the Warrant Savil 's Warrant is not produced that this great and mighty War on the King and his Subjects is one of the poorest Wars in Christendome for last Summer one sayes he knew Soldiers laid on one man that it was never complained of all the time he was in Ireland that the Warrant was to procure obedience to all the King's Courts Savil. and to secure the King 's Right He desired Savil might be demanded whether the Warrant granted him was not agreeable to former Precedents who affirmed his Predecessor told him he had received such a Warrant from the Lord Faulkland to sess Soldiers on the Land of Sir Thomas Fitzgerrard Henry Dillon attested Dillon that the Serjeant at Arms was an Officer as well to the Exchequer as Chancery and the last process is Attachment by the Serjeant as well between man and man as for the King Here Mr. Palmer speaking something which my Lord looked upon as an Interruption he desired no hasty words might be misinterpreted he speaking for his Life and Family and that the Gentlemen would do well not to put him out of his way but let him speak those few poor things he can for himself He then added that some wayes he is more qualified then an ordinary Person having the Honour to be his Majestie 's Deputy that by his Commission he was to govern according to the Customs of the Realm and this was Customary by all the former Governours that had it been Levying War there is a Statute 10 H. 6. c 17. Enacting That there shall be no War or Peace in the Land without the Deputie's Licence but all War or Peace to be made by the Lieutenant for the time being And as to the Stat. 18 H. 6. c. 3. That no Lord or other shall charge the King's Subjects c. 1. He hath heard it said that the King cannot be concluded in any Statute unless he be particularly named and consequently not his Chief Governour 2. He shall not lead or bring He hath done neither the Serjeant did it though under his Warrant 3. It speaks of bringing English Rebels or Irish Enemies c. But such are not the King's Soldiers sent to apprehend refractory Persons and for the King's Honour and Service 4. Practice is the best interpreter of Laws and notwithstanding this Statute the Governours have alwayes assessed Soldiers That it would be a hard Case that such an Old Law should be started contrary to Practice to destroy him and his Posterity but he believes he shall prove that Statute Repealed First By the 8 Ed. 4. c. 1. which Enacts That from the Sixth of March then next all Acts made within the Kingdom of England shall be in force in Ireland from the said time This therefore ratifies the Statute of 25 Ed. 3. which is the Statute of Treason and the Statute of 1 H. 4. which sayes nothing shall be Treason but what is within the Statute of 25 of Ed. 3. which repeals the 18 of H. 6. Secondly By the 10 H. 7. c. 29. whereby all the Statutes made in England before that time are made Laws in Ireland and all Laws contrary to these Laws are repealed but the Law urged is against 25 Ed. 3. 1 H. 4. and consequently repealed Next he produced a Statute of 11 Eliz. c. 7. for taking away Captains Ships and that none of the Great Men shall make War or Peace c. Sess nor lead the People without the Great Seal or Warrant from the Lord Deputy so that here is a power in the Deputy to assess c. without being a Traytor That to the Clause of 25 Ed. 3. if any man levy War against the King in his Realm or adhere to his Enemies c. he appeals to their Lordships as in their own Case whether 2 or 3 poor Soldiers sent to bring an Offender liable to the King's Justice can by any construction be levying War against the King and his People or rather for the Honour and Authority and Justice of the King and not adhering to his Enemies but this point of Law he desired to refer to his Council to urge for him with more advantage than he could himself being out of his profession To this Mr. Palmer replyed That there can be no Custom or legal usage Managers reply contrary to an Act of Parliament that those usages were by consent but this of my Lord 's against
it those for the King's Debts and by consent these not so that the Proclamation his Lordship mentions was an Offence in it self and Treason is no justification of Treason that for Bern 's Case if my Lord was in England yet if done by his Warrant it was the same thing To the Plea of the Deputies Power a Deputy in case of Rebellion may make a Defensive War but this was in a time of Peace and on the King's People under his Laws and Protection his Plea that because the King unless named is not concluded in any Statute is to apply Soveraignty to himself and that a Subject should not be comprehended more than the King himself as to the Repeal of 18 H. 6. the introducing of our Laws was not to Repeal theirs but to make a Consistance of both Laws so far as they both may stand together but this being matter of Law he leaves to those who are to give satisfaction to their Lordships hereofter That the Statute 11 Eliz. does not at all justifie the Earl that being made for Defence against Rebels not as the Charge was for things done in full Peace That the 2 Clauses of 25 E. 3. are to be considered separately for a man may levy War and not adhere to the King's Enemies And so he concluded that they had proved the Charge Upon the Earl's Motion not without some difficulty a day was granted for his refreshment and indeed it was no more then reasonable after such Expence of spirits in making and speaking his Defence against so many reputed the ablest men in England Upon Saturday the 16th Article was read Saturday April 3. Artic. 16. concerning his procuring from the King an Order That no complaints should be received in England unless Address were first made to the Deputy Mr. Palmer managed the Charge and first the Propositions concerning the Government of Ireland offered to his Majesty were read and the Order upon them That no particular complaint of Justice or Oppression be admitted here against any unless it appear the party first made his Address to the Deputy Then a Proclamation importing That all the Nobility undertakers and others that hold Estates and Offices in Ireland such only excepted as are imployed in his Majesties service in England should personally reside in Ireland and not to depart to England or any other place without Licence from the Lord Deputy any former Letter to the contrary notwithstanding c. so that all complaints were prevented and restrained from coming over into England To this Richard Wade deposed on Oath That my Lord Esmond sent him August 1638. Witness Richard Wade to Petition for Licence to go over to make an end of the Cause wherein my Lord Strafford was Plaintiff but was denyed that the Lord Esmond procured the King's Letter but could not yet get Licence Lorky deposed the same Lorky L. Roche The Lord Roche deposed That he was denied Licence intending to come over to justifie himself against an Information in the Star-Chamber James Nash deposed James Nash That in the Case of Mac-Carty my Lord after obtaining two dismissions of the Suit Decreed for Sir James Craig 5496 l. against Mac-Carty and on this Decree an Order to dispossess him of all his Fathers Estate That Mac Carty Petitioned for Licence to come into England but was denied both by the Lord Deputy and Sir Christopher Wainsford Henry Parry deposed Henry Parry That his Lord and Master the Lord Chancellor Ely being committed to the Castle of Dublin the Earl sent for him and commanded him to attend the Judges to be Examined about some Papers seized that he attended 6. dayes but his Lord having occasion to make use of his Friends interest sent him over into England to Sollicit HIs Majesty for Relief that here he was attached by Mr. Secretary Cook 's Warrant that he entred into Bond before he could be discharged of the Messenger to return into Ireland That after his Return he was Fined 500 l. and ordered to acknowledg his Offence at the Board and that he was imprisoned and utterly ruined that his Fine was reduced to 250 l. that he paid 184 l. Sir Robert Smith deposed Sir Robert Smith That having a Command from the House of Commons in Ireland to come over hither he was denyed Licence and a Restraint was laid upon Shipping upon that account Fitz-Garret Mr. Fitzgarret deposed to the same Effect Then the Irish Remonstrance was read importing the Fears they had of the Proclamation prohibiting their coming to England to obtain Redress of their Grievances from His Majesty After some Recollection The Earl's Defence the Earl made his Defence That he might very justifiably say that he had never in his life any thoughts or intentions before his going into Ireland or during his abode there but Justly and Faithfully to serve His Majesty and the Kingdom That as to the Order obtained from His Majesty the Reason annexed which was read would justifie it importing That it was not only a Justice to the Deputy but to the Government it self to prevent Clamors and unjust Complaints and that they might be redressed nearer home and no way to hinder any man's just complaint That for the Proclamation that it was warranted by the Laws of Ireland 25 H. 6. cap. 9. 26 H. 6. c. 2. whereby Subjects are restrained from going out of the Land upon forfeiture of their Estates without Licence from the King or his Deputy That by an Article preferred by the Irish Agents 1628. His Majesty was Petitioned to order the Residence of Vndertakers at least half the Year upon which His Majesty answered in these words ALL the Nobility Vndertakers and others who hold Estates and Offices within that Kingdom are to make their personal Residence there and not to leave it without Licence such persons Excepted only as are imployed in Our Service in England or attend here by Our Command Pursuant to which my Lord Faulkland's Instruction were in that particular verbatim the same being read Then he produced his Majestie 's Letter commanding the Proclamation Jan. 20. 1634. which was read and was in these words C. R. To the Lord Deputy of Ireland WHEREAS amongst other things in the Graces vouchsafed to Our Subjects 1628. We signified Our Pleasure That the Nobility His Majesties Letter to the Lord Deputy Jan. 20. 1634. Vndertakers and Others holding Estates in Ireland should be resident there and not to depart without Licence And being now given to understand That notwithstanding those Directions divers persons not of the meaner sort take liberty to pass into this Kingdom or Foreign Parts as if they understood not what they owed to Vs in their Duty or themselves in their evil Carriage which presumption we may not long suffer c. We do therefore hereby Will and Require you by Act of State or Proclamation to make known Our Pleasure That all Nobility Vndertakers and others that hold Estates and Offices
Impeachment of Treason from the Honourable House of Commons Were not that in the Case my Lords it would not press so heavy and sore upon me as now it doth having the Authority and Power of their Names upon if Otherwise my Lords the Innocency and the Clearness of my own heart from so Foul a Crime is such that I must with Modesty say if I had no other sin to answer for it would be easily born My Lords as I went along Article by Article These Gentlemen were pleased to say They were no Treasons in themselves but Conducing to the Proof of Treason and most of the Articles being gone over they come to the Point at last And hence my Lords I have all along watched to see if that I could find that Poysoned Arrow that should Invenome all the rest that Deadly Cup of Wine that should intoxicate a few alledged Inconveniences and Misdemeanors to run them up to High Treason My Lords I confess it seems very strange to me that there being a special difference between Misdemeanors and between Felonies and Treasons How is it possible that ever Misdemeanors should make Felonies or a hundred Felonies make a Treason Or that Misdemeanors should be made Accessaries to Treason where there is not a Principal in the Case No Treason I hope shall be found in me nor in any thing I hear to be charged under favour and not waved They say well That if a man be taken threatning of a man to kill him Conspiring his death and with a Bloody Knife in his hand these be great Arguments to convince a man of Murder But then under favour the man must be killed for if the man be not killed the murder is nothing So all these things that they would make conduce to Treason unless something be Treasonable under favour they cannot be applyed to Treason My Lords I have learnt that in this Case which I did not know before that there be Treasons of two kinds there be Statute-Treasons there be Treasons at Common-Law or Treasons Constructive and Abritrary My Lords These Constructive Treasons have been strangers in this Common-wealth a great while and I trust shall be still by your Lordships Wisdom and Justice But as for Treasons in the Statute I do with all gladness and humility acknowledge your Lordships to be my Judges and none but you under favour can be my Judges His Majesty is above it the King Condemns no Man the great operation of His Scepter is Mercy His Justice is dispensed by His Ministry so He is no Judge in the Case with Reverence be it spoken and likewise no Commoner can be Judge in the Case of Life and Death under favour in regard he is of another Body So that my Lords I do acknowledge entirely you are my Judges and do with all chearfulness in the World submit my self unto you thinking that I have great cause to give God thanks that I have you for my Judges and God be praised it is so and Celebrated be the Wisdom of our Ancestors that have so ordained it My Lords I shall observe these Rules First I shall as I hope clear my self of Statute Treason and then shall come to Constructive Treason or Treason at the Common-Law The first point they Charge me withal of Treason is upon the Fifteenth Article Wherein nevertheless before I come to Answer the particulars I must humbly inform your Lordships that in that Article two of the most material Charges are waved in the first part that piece of the Charge that sounds so high concerning a Miscarriage in me in Levying Money upon the Town of Baltemore Bandenbridge Talow of that I hear nothing and I shall mention it only thus farr humbly to remember your Lordships that in that particular I trust I have spoken nothing that should merit less belief of your Lordships For my part it is far from me to put you upon any prejudice by any means whatsoever I look onely to the preserving of my self if it may be without prejudice and hurt to any living Soul Then they likewise wave another piece of the Charge and that is that I should by force of Arms dispossess divers persons in the Territory of Idengh and well they may for in truth there is nothing at all of it that I am to Answer it being wholly done by the Order of Chancery and I having no more to do with it than any man that hears it the Matter that stays with me in this Article is the alleadged Warrant to Mr. Savill Serjeant at Arms and the Execution of it for that I shall humbly beseech your Lordships I may mind you with all humility that that Warrant is not shewed and I do think that my Lords the Judges do in the Tryals before them observe that Deeds are to prove themselves in ordinary Tryals betwixt Men and Men Now how much more in a Tryal for life and which is more than that though my Misfortune will have me to own it in the Tryal of a Peer The Witnesses my Lords say They have seen such a Warrant But no Witness sayes he knows it and will Swear it to be my Hand and Seal or that I set my Hand or Seal to it for it may be Counterfeited for any thing they know For Mr. Savill upon Oath I thought under Favour he ought not to be admitted against me for he Swears directly to justifie himself for if there be no such Warrant he is answerable for the Fact not I. But my Lords admit there were such a Warrant I humbly conceive I gave your Lordships a very clear and full Answer to it I shewed you and proved it as I conceive that the Sessing of Soldiers hath been a Coercive means used in Ireland always to enforce obedience to the King's Authority I proved it to have been used to fetch in the King's Rents of all kinds Contributions Compositions and Exchequer Rents I proved it to have been used to bring in Offenders and Rebels and as my Lord Ranalagh deposes for any Unjustifiable Act. Sir Arthur Terringham for a small Debt which appears not to be the King's Debt My Lords nothing at all is proved against it but Negatively the Witnesses say they did not know such a thing they had not heard the like and I think none of your Lordships had before this Cause and yet that thing might be too And my Lords I beseech your Lordships How should it be not Treason to Assess Soldiers for the King's Debts and yet the Assessing of Soldiers on the Contempt of the King's Authority should be Treason for certainly the King's Authority is of far more Dignity and more respect is to be had to it then the getting of a few poor Debts and why it should be Treason in one Case and not in another methinks it is very strange My Lords in the next place I conceive not in that any Construction this can be said to be a Levying of War against the King and his
is the 22d Article and these be words spoke in England The first part of them which concerns the bringing in of the Irish Army I have spoken to already but in the conclusion there are other words and shortly the said Earl of Strafford returned to England and to sundry persons declared his opinion to be That His Majesty should first try the Parliament here and if that did not supply him according to his occasions he might then use his Prerogative as he pleased to levy what he needed and that he should be acquitted both of God and Man if he took some other courses to supply himself though it were against the will of his Subjects My Lords as unto this I conceive the Charge is not proved by any Witness that hath been here produced against me and in truth my Lords I must needs say this under favour if it be an error in my Judgement I must humbly crave your Lordships pardon through the whole Cause I have not seen a weaker proof and if I had had time to have gotten my Witnesses out of Ireland I hope that should be proved and so clearly as nothing could be proved more but I must stand or fall to what I have proved and so I do my Lords the proof they offer for this as I conceive is the Testimony of my Lord Primate and his Testimony is That in some discourse betwixt us two touching Levying upon the Subject in case of imminent necessity he found me of opinion That the King might use his Prerogative as he pleased My Lords this is under favour a single Testimony it is of a discourse between him and me and there is not any other that witnesses any thing concerning it so that under favour my Lords I conceive this will not be sufficient to bring me any ways in danger of Treason being but a single Testimony and my Lords it is to be thought and to be believed and it were a great offence for any man to think otherwise that in this case any thing can please the King he is so Gracious and Good but what shall be Just and Lawful and then there is no doubt but so far as with Justice and Lawfulness he may use his Prerogative in case of imminent danger when ordinary means will not be admitted At most he saith it was but an opinion and opinions may make an Heretick but they shall not I trust make a Traitor The next is the Testimony of my Lord Conway and the words that his Lordship testifies are these That in case the King would not be otherwise supplyed by Subsidies he might seek means to help himself though it were against the will of his Subjects Truly my Lords if I should acknowledge these words I do not see how they can be any way Capital in my case but this again is but a single Testimony and there is no other that says it but himself and if there be a good sense given to them certainly the words may very well bear it for I think it is a very natural motion for any man to preserve himself though it be to the disliking of another and why a King should not do it as well as a Subject it is such a prerogative of Kings as I never yet heard of for I thought though they had been Gods on earth yet they are men and have affections as men and should preserve themselves being not only accountable for themselves to God Almighty but also for their Subjects whose Good and Benefit is wrapt up and involved in theirs and therefore the King ought more to regard his own preservation than the Common-wealth The Third is That Mr. Treasurer says that to his best remembrance I did say That if the Parliament should not succeed I would be ready to assist His Majesty any other way God forbid this should be any offence for to say so either in him or me for I will swear if it please you that he said so as well as I therefore God forbid it should endanger either of us both for my Lords to say I will serve the King any other way it is no other than what became a good and faithful servant to do always provided the way be good and lawful which in this case is always to be admitted among persons of Honour and persons of Trust and therefore admitting it not any other way it was just and lawful and commendable in Mr. Treasurer and me for I vow to your Lordships we both said it and he as fully as I. But my Lords all these come very far short to prove the words of the Charge and this under favour is all the proof as I have taken that I should say these words before the Parliament The next words I am charged withal are in the 23 Article and those my Lords are that having tryed the affections of his people His Majesty was loose and absolved from all Rules of Government and was to do every thing that Power would admit and that His Majesty had tryed all wayes and was refused and should be acquitted both of God and man For the latter part that concerns the reducing of this Kingdom by the Irish Army I have answered already and therefore shall not need to repeat it My Lords mine Answer under favour to those words with your Lordships Noble permission must be thus That they are no way proved in the most material part of them by any Testimony that hath been offered I shall as near as I can repeat the proofs that were offered on this point for these Articles were brought in four or five together but I shall apply the proofs severally and distinctly The Testimony first given was the Testimony of the Lord of Bristol wherein his Lordship says That in a discourse there was difference betwixt his Lordship and me in some Tenents of ours To which I answered the other day that in discourse we speak not always the things we think but many times to gain from other mens arguments to strengthen me in my opinion I will seem to be of the contrary This is ordinary and familiar in all conversation and very honest and just so that albeit we seem to differ as we held it severally yet if the pulse of our hearts had been touched close both his and mine perhaps we should have found it one and the same Besides his Lordship said I disliked not the discourse we speaking of another Parliament only I said it was not convenient at that time and that the present dangers would not admit a remedy of so long consideration and that the King must provide for the Common-wealth Et salus populi suprema lex And truly My Lords I think that it is very hard any man should upon such a discourse have his words turned upon him and made use of to condemn him for High-Treason My Lords I know you are so just that you would judg me as you would be judged your selves and whether any Man that hears
me would be content to have every word that falls in discourse betwixt man and man to be so severely interpreted I leave to every man's Breast what he finds in the closet of his own Heart and desire to be judged according to that My Lord went further and says I should say that the King was not to be mastered by the frowardness or disaffection of some particular men and conceives it be meant of the Parliament My Lords I say under favour these words are not within the Charge and therefore I am not to be accountable for them besides it is a single Testimony and by the proviso of that Statute cannot be made use of to the end and purpose for which they bring them My Lords the next Testimony offered for proving this Charge is the Testimony of my Lord of Newburg and he sayes That at the Council-Board or in the Gallery I did say that seeing the Parliament had not supplied the King His Majesty might take other courses for the defence of the Kingdom Truly My Lords under favour who doubts but he might for my part I see not where the offence is for another man to have said thus for if another man will not help me may not I therefore help my self under favour I conceive there is no great weight nor crime in these words but in these likewise he stands a single Testimony there is no man that joyns with him in it and there is this in the whole Cause concerning the words that I think there is not any one thing wherein two concurr The next Testimony is that of the Earl of Holland and he sayes That at the Council-Board I said The Parliament having denyed the King he had advantage to supply himself other wayes Truly My Lords I say still other wayes being lawful wayes and just wayes and such wayes as the goodness of the King can only walk in and in no other can he walk And therefore I conceive they be far from bringing it to sigh high a guilt as Treason and this likewise his Lordship expresses as the rest do singly on his own word as he conceives them and not on the particular word of any other person which is I say the case of every one that speaks in the business and therefore there being so great a difference in the Report and Conceiving of things it is very hard my words should be taken to my destruction when no Man agrees what they were My Lord of Northumberland is the next and he sayes I should say at a Committee for the Scotish affairs That in case of necessity and for Defence and Safety of the Kingdom every thing must be done for the Preservation of the King and his People And this is the Testimony of my Lord in that point if I take any thing short it is against my Will I give you my Notes as far as I have them and further I cannot remember them But my Lords I say this brings it to that which is indeed the great part of my Defence in this case There is another agreed in this too and it is Mr. Treasurer who sayes that in Argument for Offensive or Defensive War I should say That having tryed all ways and being refused the King might in extream necessity provide for the safety of himself and his People I say this brings it to that which is principally for my Defence that must qualifie if not absolutely free me from any blame and that is that which did proceed and follow after My Lords under favour I have heard some discourse of great weight and of great Authority and that is certain the Arguments that were used in the case of Ship-Money by those that Argued against the King in that Case say as much and will undertake if any man read those Arguments he shall find as much said there as I said at Council-Board for there you shall hear that there be certain Times and Seasons when Propriety ceases as in the case of Burning where a Man pulls down the next House to preserve the whole street from being set on fire In the case of building Forts on any man's Land where it is for the publique defence of the Kingdom in both these Cases Propriety doth cease nay he says that in War Inter Arma silent Leges Now my Lords these are as highly said as any thing you have heard by me and yet certainly is no subverting of the Fundamental Laws for all that and therefore if a man must be judged he must not be judged by pieces but by all together My Lords Whatsoever I said at Council-Board was led in by this Case what a King should do in case of a Forreign Invasion of an Enemy when the ordinary wayes and means of levying Money would not come in seasonably to prevent mischief for what a King may do in case of absolute necessity certainly in these cases the ordinary Rules do not take place as this was the Case that let in the Discourse so I most humbly beseech your Lordships for it is fully proved to remember what was the conclusion of that Discourse which was That after the present occasion provided for the King was obliged in Honour and Justice to vindicate and free the Liberty of the Subject from all prejudice and harm it might sustain in that extraordinary occasion and that this was to be done by a Parliament and no other way but a Parliament and the King and his People could never be happy till the Prerogative of the Crown and the Liberty of the Subject were so bounded and known that they might go hand in hand together mutually to the assistance of one another My Lords give me that which precedes and that which follows both being proved to be the Case in these words in the Charge I think considering these two I should be far from having committed any great crime or offence in saying these words But I say as I said before I shall be more wary for the time hereafter if it please God to give me that Grace and Life which I submit to him and shall readily and willingly resign to his good Will and pleasure I conceive therefore that as these words are accompanied they be not words that do amount to Treason and are so qualifiyed and so weakly proved that I trust they shall not stick with your Lordships The next words that I am charged withal in England be on the 25th Article and that is that I should say that the Aldermen that would not give in the names of the able men of the City deserved to be put to Fine and Ransome and that no good would be done with them till an example were made of them and they were laid by the heels and some of the Aldermen hanged up In the first part of the Article there is something concerning my advice for raising the Money but it is not proved that I did any thing therein but as others did and as in former years
mentioned in the Ninth Article to be issued to the Bishop of Down and Conner whereby he gives power to him and his Officers to apprehend any of the King's Subjects that appeared not upon Process out of his Ecclesiastical Courts expresly contrary to Law and your Lordships have heard how miserably the King's Subjects were used by this Warrant as hath been proved by a Gentleman of Quality Sir James Montgomery and howsoever he pretends it was called in it was three whole years in execution before it was called in and though he pretends his Predecessors did ordinarily grant Warrants of that nature yet he proves no such thing My Lord Primate was examined and he sayes that Bishop Montgomery did tell him there was such a Warrant and one Witness more speaks of one Warrant and that is all the Witnesses produced and that but to be a Copy too Your Lordships have heard how he exercises his jurisdiction and power over particulars and that in a numerous manner now your Lordships shall find it universal and spread over the face of that Kingdom that was under his jurisdiction and that is in the tenth Article which concerns the Customs where he doth impose upon the King's Subjects a Rate and Tax against Law and enforces them to pay it or else punishes them for it which is expresly an arrogating to himself of a jurisdiction above the Law My Lords in his answer he pretends that this is rather a matter of Fraud than otherwise in truth and so it is and that a great one too But as it is a fraud a dis-service and deceit to his Majesty so it is likewise an exercise of a Tyrannical Jurisdiction over his Subjects That it is a fraud to his Majesty it plainly appears for the King lost exceedingly by it whereas before the Rent afforded the King was 11050 l. there was improved by the new Lease that my Lord of Strafford took but 1350 l. and I beseech your Lordships observe how much the King lost by it for my Lord had comprehended in his new Lease the Impost of Wine for which the King before that time received 1400 l. a year and likewise the Custom of London-derry Colerane and Knockfergus for which the King haâ— reserved 1700 l a year besides the moity of the seisures so here is 5000 l. that the King lost of the old Rent expresly and if your Lordships please observe the gain and benefit my Lord of Strafford made by it in one year he and his sharers received 39000 l. and in the last year 51000 l. and that expresly proved upon two accounts and if this be his dealings where is his service to the King in his pretence to advance the Customs It is true he says The King has five eighth parts but it was but within these two years the King had it not before And I would very gladly have heard whether the King received his part of an account of 55000 l. if he had received it I believe we should have heard of it My Lords There is something more here is a new imposition on the King's People without Law and yet I will do my Lord of Strafford no injury but I tell you how the proof stands It was a Book of Rates framed before he came to the farm for the Book of Rates was in March and the date of his Assignment was in April following and therefore my Lord saith It could not be for his benefit But my Lords all this while my Lord of Strafford was in England and in agitation for the procuring of it and they come one upon the heels of another and I beseech you observe cui bono the Book of Rates was procured within a month of the Patent but God knows whether it were not within the compass of his intentions to take the Patent and therefore whether he were not the Instrument of raising Rates it rests in your Lordships Judgment and all that hear me I am sure the benefit redounded to himself and so here is an Arbitrary Government in imposing and forcing to pay for that I desire your Lordships to take with you and he might as well have raised Nineteen shillings on a pound as nine pence or three pence by the same rule of Law The next Article in number was the Eleventh and I would be glad my Lord had not mentioned it it concerns the Pipe-staves wherein he pretends he did the King great Service and that he says was the reason of our passing over it but that was not the reason it had been a foul business if we had opened it but having enough besides we made not use of it for the substance of the proofs by multiplicity of Witnesses had been that the parties themselves that bought the Pipe-staves for Four pound odd money were fain to sell them to his Instruments for Six pounds and after to buy them again for Ten pounds else there must be no Licence to Export them but that I would not have mentioned if he had let it slip over I come to the Twelfth Article and that is concerning the Tobacco wherein he pretends the King's Service and if my memory fail me not the desire of the Parliament that he should take this into his hands for the King My Lords Therein under his favour he hath mis-recited the Evidence and spoken that he cannot justifie for he can shew no such desire of the Parliament It is true there was a desire of the Parliament that the King would be pleased to take his Customs into his hands for the advancement of his Revenue that it might go to maintain himself and he might not be abused and others live by it but to take the Tobacco into his hands he never did nor can produce a Witness to prove such their desire and therefore under favour he fixes a wrong upon the Parliament and injures your Lordships by his reciting that he neither did nor can make good for there was no such thing But if you observe the course he takes he makes Proclamation to hinder the importing of Tobacco into Ireland that if it be imported it must be sold to him at his own rate and by these means he first hinders the liberty of the Subject from doing what the Law allows him and so takes on him an Arbitrary Power And Secondly he ingrosses this commodity to himself deceiving His Majesty to whom he professeth so much fidelity for whereas there is 5000 l. Rent to the King he by the computation of Merchants receives near 14000 l. a year And because their computations are not alwayes true I do not care if I allow him 40000 l. mistaken and then he will gain near 100000 l. so that if he intends the King's benefit it is wonder he told not his Majesty of the great profit that might thereby have risen and let him partake of it as in Justice he should have done according to the Trust reposed in him but you have heard of no such matter And
his memory and reassure himself he discovered that it was a premeditated and Elaborate Task and that what ever the Earl had spoken that was to be the answer which followeth My Lords MAny dayes have been spent Mr. Pym's Speech at the summing up the Evidence against the Earl of Strafford April 13. in maintenance of the Impeachment of the Earl of Strafford by the House of Commons whereby he stands charged with High Treason and your Lordships have heard his Defence with patience and with as much Favour as Justice would allow We have passed through our Evidence and the result of all this is that it remains clearly proved That the Earl of Strafford hath endeavoured by his Words Actions and Counsels to subvert the Fundamental Laws of England and Ireland and to introduce an Arbitrary and Tyrannical Government This is the envenomed Arrow for which he inquired in the beginning of his Replication this day which hath infected all his Blood This is that intoxicating Cup to use his own Metaphor which hath tainted his Judgment and poisoned his Heart from hence was infused that specifical difference which turned his Speeches his Actions his Counsels into Treason not cumulativè as he exprest it as if many misdemeanors could make one Treason but formally and essentially It is the end that doth inform Actions and that doth specificate the nature of them making not only criminal but even indifferent Words and Actions to be Treason being done and spoken with a Treasonable intention That which is given to me in charge is to shew the quality of the offence how hainous it is in the nature how mischievous in the effect of it which will best appear if it be examined by that Law to which he himself appealed that Universal that Supream Law Salus Populi This is the Element of all Laws out of which they are derived the end of all Laws to which they are designed and in which they are perfected How far it stands in opposition to this Law I shall endeavour to shew in some considerations which I shall present to your Lordships all arising out of the Evidence which hath been opened The First is this It is an offence comprehending all other offences here you shall find several Treasons Murthers Rapines Oppressions Perjuries The Earth hath a Seminary Virtue whereby it doth produce all Herbs and Plants and other Vegetables There is in this Crime a Seminary of all Evils hurtful to a State and if you consider the reasons of it it must needs be so the Law is that which puts a difference betwixt good and evil betwixt just and unjust if you take away the Law all things will fall into a confusion every man will become a Law to himself which in the depraved condition of humane Nature must needs produce many great enormities Lust will become a Law and Envy will become a Law Covetousness and Ambition will become Laws and what dictates what decisions such Laws will produce may easily be discerned in the late Government of Ireland The Law hath a power to prevent to restrain to repair Evils without this all kind of mischief and distempers will break in upon a State It is the Law that doth entitle the King to the Allegiance and Service of his People it entitles the People to the Protection and Justice of the King It is God alone who subsists by himself all other things subsist in a mutual dependence and relation He was a wise man that said That the King subsisted by the Field that is tilled It is the Labour of the people that supports the Crown If you take away the protection of the King the vigor and cheerfulness of Allegiance will be taken away though the obligation remain The Law is the boundary the measure betwixt the King's Prerogative and the Peoples Liberty whilst these move in their own Orbs they are a support and a security to one another the Prerogative a cover and defence to the Liberty of the People and the People by their Liberty are enabled to be a foundation to the Prerogative but if these bounds be so removed that they enter into contestation and conflict one of these mischiefs must ensue If the Prerogative of the King overwhelme the Liberty of the People it will be turned into Tyranny if Liberty undermine the Prerogative it will grow into Anarchy The Law is the safeguard the custody of all private Interest your Honors your Lives your Liberties and Estates are all in the keeping of the Law without this every man hath a like right to any thing and this is the condition into which the Irish were brought by the Earl of Strafford And the reason which he gave for it hath more mischief in it than the thing it self they were a Conquered Nation There cannot be a word more pregnant and fruitful in Treason than that word is There are few Nations in the World that have not been conquered and no doubt but the Conqueror may give what Laws he pleases to those that are conquered but if the succeeding pacts and agreements do not limit and restrain that Right What People can be secure England hath been conquered and Wales hath been conquered and by this reason will be in little better case than Ireland if the King by the right of a Conqueror gives Laws to his People shall not the People by the same reason be restored to the right of the Conquered to recover their Liberty if they can What can be more hurtful more pernicious to both than such propositions as these And in these particulars is determined the first Consideration The Second Consideration is this This Arbitrary Power is dangerous to the King's Person and dangerous to his Crown it is apt to cherish Ambition Usurpation and Oppression in great Men and to beget Sedition and discontent in the People and both these have been and in reason must ever be causes of great trouble and alteration to Princes and States If the Histories of those Eastern Countreys be perused where Princes order their affairs according to the mischievous Principles of the Earl of Strafford loose and absolved from all rules of Government they will be found to be frequent in Combustions full of massacres and of the Tragical ends of Princes If any man should look into our own stories in the times when the Laws were most neglected he shall find them full of commotions of civil distempers whereby the Kings that then Reigned were always kept in want and distress the People consumed with Civil Wars and by such wicked Counsels as these some of our Princes have been brought to such miserable ends as no honest heart can remember without horror and earnest Prayer that it may never be so again The Third Consideration is this The Subversion of the Laws and this Arbitrary Power as it is dangerous to the King's Person and to his Crown so is it in other respects very prejudicial to his Majesty in his Honour Profit and Greatness
and yet these are the Guildings and Paintings that are put upon such Counsels These are for your Honour for your Service whereas in truth they are contrary to both But if I shall take off this varnish I hope they shall then appear in their own Native deformity and therefore I desire to consider them by these Rules It cannot be for the Honour of the King that His Sacred Authority should be used in the practice of Injustice and Oppression That his name should be applyed to patronize such horrid crimes as have been represented in Evidence against the Earl of Strafford and yet how frequently how presumptuously his Commands his Letters have been vouched throughout the course of this Defence Your Lordships have heard when the Judges do Justice it is the King's Justice and this is for his Honour because He is the fountain of Justice But when they do Injustice the offence is their own but those Officers and Ministers of the King who are most officious in the exercise of this Arbitrary Power they do it commonly for their advantages and when they are questioned for it then they fly to the King's Interest to his Direction And truly my Lords this is a very unequal distribution for the King that the dishonour of evil courses should be cast upon him and they to have the advantage The prejudice which it brings to him in regard of his profit is no less apparent it deprives him of the most beneficial and most certain Revenue of his Crown that is The voluntary Aids and Supplies of His People His other Revenues consisting of goodly Demeans and great Mannors have by grants been alienated from the Crown and are now exceedingly diminished and impaired But this Revenue it cannot be sold it cannot be burdened with any Pensions or Annuities but comes intirely to the Crown It is now almost Fifteen years since His Majesty had any Assistance from His People and these illegal wayes of supplying the King were never prest with more Violence and Art then they have been in this time and yet I may upon very good grounds affirm That in the last Fifteen years of Queen Elizabeth She received more by the Bounty and Affection of her Subjects then hath come to his Majesties Coffers by all the inordinate and rigorous courses which have been taken And as those Supplies were more beneficial in the Receipt of them so were they likewise in the use and imployment of them Another way of prejudice to His Majesties profit is this Such Arbitrary Courses exhaust the People and disable them when there shall be occasion to give such plentiful Supplies as otherwise they would do I shall need no other proof of this then the Irish Government under my Lord of Strafford where the Wealth of the Kingdom is so consumed by those horrible Exactions and Burdens that it is thought the Subsidies lately granted will amount to little more then half the proportion of the last Subsidies The two former wayes are hurtful to the King's profit in that respect which they call Lucrum Cessans by diminishing his Receipts But there is a third fuller of mischief and it is in that respect which they call Damnum emergens by encreasing his Disbursements such irregular and exorbitant attempts upon the Liberties of the People are apt to produce such miserable Distractions and Distempers as will put the King and Kingdoms to such vast Expenses and Losses in a short time as will not be recovered in many years We need not go far to seek a proof of this these two last years will be a sufficient Evidence within which time I assure my self it may be proved that more Treasure hath been wasted more loss sustained by His Majesty and His Subjects then was spent by Queen Elizabeth in all the War of Tyron and in those many brave Attempts against the King of Spain and the Royal Assistance which she gave to France and the Low-Countries during all Her Reign As for greatness this Arbitrary Power is apt to hinder and impair it not only at home but abroad A Kingdom is a Society of men conjoyned under one Government for the Common good The World is a Society of Kingdomes and States The King's Greatness consists not only in His Dominion over his Subjects at home but in the Influence which he hath upon States abroad That he should be great even among Kings and by his Wisdom and Authority so to incline and dispose the Affairs of other States and Nations and those great events which fall out in the World as shall be for the good of Mankind and for the Peculiar advantage of His own People This is the most glorious and magnificent greatness to be able to relieve distressed Princes to support his own Friends and Allies to prevent the Ambitious Designs of other Kings and how much this Kingdom hath been impaired in this kind by the late mischievous Counsels your Lordships best know who at a near distance and with a more clear sight do apprehend these publick and great affairs then I can do Yet thus much I dare boldly say that if his Majesty had not with great Wisdom and Goodness forsaken that way wherein the Earl of Strafford had put him we should within a short time have been brought into that miserable condition as to have been useless to our Friends contemptible to our Enemies and uncapable of undertaking any great Design either at home or abroad A Fourth Consideration is That this Arbitrary and Tyrannical Power which the Earl of Strafford did exercise in his own Person and to which he did advise His Majesty is inconsistent with the Peace the Wealth the Prosperity of a Nation It is destructive to Justice the Mother of Peace to Industry the spring of Wealth to Valour which is the active Virtue whereby the prosperity of a Nation can only be procured confirmed and enlarged It is not only apt to take away Peace and so entangle the Nation with Wars but doth corrupt Peace and puts such a malignity into it as produceth the effects of War We need seek no other proof of this but the Earl of Strafford's Government where the Irish both Nobility and others had as little security of their Persons or Estates in this peaceable time as if the Kingdom had been under the rage and fury of War And as for Industry and Valour who will take pains for that which when he hath gotten is not his own or who fight for that wherein he hath no other Interest but such as is subject to the Will of another The ancient encouragement to men that were to defend their Countreys was this That they were to hazard their Person pro Aris focis for their Religion and for their Houses But by this Arbitrary way which was practised in Ireland and counselled here no man had any certainty either of Religion or of his House or any thing else to be his own But besides this such Arbitrary courses have an ill
power The Earl of Strafford had the first rise of his Greatness from this and in his Apology and Defence as your Lordships have heard this hath had a main part The Royal Power and Majesty of Kings is most Glorious in the Prosperity and happiness of the People the perfection of all things consists in the end for which they were ordained God only in his own end all other things have a further end beyond themselves in attaining whereof their own happiness consists if the means and the end be set in opposition to one another it must needs cause an impotency and defect of both The Eighth Consideration is the vanity and absurdity of those excuses and justifications which he made for himself whereof divers particulars have been mentioned in the course of this Defence 1. That he is a Counsellor and might not be questioned for any thing which he advised according to his Conscience The ground is true there is a liberty belongs to Counsellors and nothing corrupts Counsels more than Fear He that will have the priviledg of a Counsellor must keep within the just bounds of a Counsellor those matters are the proper Subjects of Counsel which in their times and occasions may be good or beneficial to the King or Common-wealth But such Treasons as these the subversion of the Laws violation of Liberties they can never be good or justifiable by any circumstance or occasion and therefore his being a Counsellor makes his fault much more hainous as being committed against a greater Trust and in a way of much mischief and danger lest His Majesties Conscience and Judgment upon which the whole course and frame of His Government do much depend should be poysoned and infected with such wicked Principles and Designs and this he hath endeavoured to do which by all Laws and in all Times hath in this Kingdom been reckoned a crime of an high Nature 2. He labours to interest your Lordships in his Cause by alleadging it may be dangerous to your selves and your posterity who by your Birth are fittest to be near His Majesty in places of Trust and Authority if you should be subject to be questioned for matters delivered in Council To this was answered That it was hoped their Lordships would rather labour to secure themselves and their posterity in the exercise of their Virtues than of their Vices that so they might together with their own Honor and Greatness preserve the Honor and Greatness both of the King and Kingdom 3. Another excuse was this That whatsoever he hath spoken was out of good intention Sometimes good and evil truth and falshood lye so near together that they are hardly to be distinguished Matters hurtful and dangerous may be accompanied with such circumstances as may make it appear useful and convenient and in all such cases good intention will justifie evil Counsel But where the matters propounded are evil in their own nature such as the matters are wherewith the Earl of Strafford is charged to break a publique Faith to subvert Laws and Government they can never be justified by any intentions how good soever they be pretended 4. He alleadgeth it was a time of great necessity and danger when such Counsels were necessary for preservation of the State Necessity hath been spoken of before as it relates to the Cause now it is considered as it relates to the Person if there were any necessity it was of his own making he by his evil Counsel had brought the King into a necessity and by no rules of Justice can be allowed to gain this advantage by his own fault as to make that a ground of his justification which is a great part of his offence 5. He hath often insinuated this That it was for His Majesties service in maintainance of that Soveraign Power with which he is intrusted by God for the good of his People The Answer is this No doubt but that Soveraign Power wherewith his Majesty is intrusted for the publique good hath many glorious effects the better to enable him thereunto But without doubt this is none of them That by his own Will he may lay any Tax or imposition upon His people without their consent in Parliament This hath now been five times adjudged by both Houses in the case of the Loans in condemning Commissions of Excise in the resolution upon the saving offered to be saved to the Petition of Right in the sentence against Manwaring and now Lutell in condemning the Shipmoney And if the Soveraign Power of the King can produce no such effect as this the Allegation of it is an aggravation and no diminution of his offence because thereby he doth labour to interest the King against the just grievance and complaint of the People 6. This Counsel was propounded with diverse Limitations and Provisions for securing and repairing the Liberty of the People This implies a contradiction to maintain an Arbitrary and Absolute Power and yet to restrain it with Limitations and Provisions for even those limitations and provisions will be subject to the same absolute power and to be dispensed in such manner and at such time as it self shall determine let the Grievances and Oppressions be never so heavy the Subject is left without all remedy but at His Majesties own pleasure 7. He alleadgeth They were but Words and no effect followed this needs no Answer but that the Miserable Distempers into which he hath brought all the three Kingdoms will be Evidence sufficient that his Wicked Counsels have had such Mischievous Effects within these two or three last years that many years peace will hardly repair those losses and other great Mischiefs which the Common-Wealth hath sustained 8. These Excuses have been collected out of the several Parts of his defence perchance some others are omitted which I doubt not have been Answered by some of my Collegues and are of no Importance either to perplex or to hinder your Lordships Judgment touching the hainousness of this Crime The 9th consideration is this That if this be Treason in the Nature of it it doth exceed all other Treasons in this That in the Design and Endeavour of the Author it was to be a constant and permanent Treason other Treasons are Transient as being confined within those particular Actions and Proportions wherein they did consist and those being past the Treason ceaseth The Powder Treason was full of horror and malignity yet it is past many years since The Murder of that Magnanimous and Glorious King Henry the Fourth of France was a great and horrid Treason and so were those manifold Attempts against Queen Elizabeth of blessed Memory but they are long since past the Detestation of them only remains in Histories and in the minds of men and will ever remain But this Treason if it had taken effect was to be a standing perpetual Treason which would have been in continual Act not determined within one time or Age but transmitted to Posterity even from one generation to
time of this Noble Lord's Defences he did not so much as crave any of our Opinions or acquaint us with any thing that tended that way and for the matter of Law Those Statutes cited by himself and offered to your Lordships Consideration were none of our stock but taken up at his own adventure I do not speak this to derogate from the pertinency of those Statutes for they shall be the subject of my Discourse but that the Noble Lord may not be disappointed of your Lordships right Conception and his own due praise My Lords It is your Pleasure we meddle not with matter of Fact and indeed we need not meddle at all with it because we hope it is already done and that sufficiently to our hands yet the matter of Law doth so naturally arise out of the matter of Fact that of necessity by your Lordships Favour we must sometimes touch on this if we speak to that Nor do we conceive it possible for us to speak advantagiously enough for the Lord Strafford 's just Defence unless the whole matter of Fact be determined as either proved or not proved or at least some states of Questions agreed upon where we may fix and settle our Arguments And so it is my Lords that I have chosen not at all to touch the Matter of law untill your Lordships shall be pleased to chalk me out a Way unless it be to clear your Judgments in one Statute only viz. 25 Ed. 3. because when the same was alledged by the Lord Strafford for his own Defence that not being convict by the letter thereof he could not be convict of Treason I remember the Salvo of that Statute was much insisted upon by those from the House of Commons as much conducing to their Ends. My Lords I will first speak of the Statute it self and then of its Salvo or Provision the Statute is That if any man shall intend the Death of the King the Queen or their Children kill the Chancellor or a Judge upon the Bench imbase the Kings Coyn or counterfeit the Broad Seal c. he shall be convicted and punished as a Traytor That the Lord Strafford comes within the letter of this Statute is not so much as once alledged nor indeed can it be with any Reason All that can be said is that by relation or argument à minore ad majus he may be drawn thither And that this cannot be I humbly offer these Considerations 1. This is a Declarative Law and such are not to be taken by any way of Consequence Equity or Construction but by the letter only otherwise they should imply a contradiction to themselves and be no more Declarative Laws but Laws of Construction Secondly This is a Penal Law and such if our Ground hitherto unquestion'd holds good can admit of no Inductions or Inferences for Penalties are to perswade the keeping of known Laws not of Laws conjectural ambiguous and by Consequence which perhaps the most Learned may not in their disputes question much less the Subject who is not to interpret the Statute doubt of in the point of Obedience nay rather without doubt he is to obey the letter of the Statute and conceive and that truly that he is not liable to the Penalty Thirdly We have a notable Statute 13 Eliz. c. 2. whereby it is declared That the bringing of Bulls from Rome to stir up the Subjects to Mutiny and Rebellion shall be punished as Treason Now if by interpretation or by consequence this sense might have been thrust upon preceding Statutes the making this had been superfluous and the persons then charged with that Crime might have been impeached of Treason even before the making of this Act. Fourthly Anno 21 Ed. 3. we have a Statute declaring That for a Servant to kill his Master is an Act of Treason and in the 27th Year of the same King a Process was framed against a man of Treason for Killing his Father grounded upon the same Argument à Majori ad Minus but it was found and the Sentence is yet in the Records that although in the 21 of Ed. 3. that Argument might have been admitted yet in the 27 it could not by reason of the Declarative Law intervening in the 25th Year And this Case comes very home to the point in hand My Lords I will not demand what kind of Offence it may be for a man to Subvert the Fundamental Laws of a Kingdom the Crime doubtless is unnatural and monstrous and the punishment must keep the same proportion only I must presume to offer these few things to your consideration 1. That one or more Acts of Injustice whether malitiously or ignorantly done can in no sense of Law be called the Subversion of the Fundamental Laws otherwise as many Judges perhaps so many Traytors It is very incident to Man's Nature to Err nor doth the Lord Strafford plead his Innocence in Oversights but in Treason 2. I do remember the Case of John de la Pool Duke of Suffolk this man in the 26 H. 6. was charged by the House of Commons with Eight Articles of Treason and those too very like to these against the Lord Strafford 1. That he had given the King bad Advices 2. That he had embased his Coyn. 3. That he had Sessed Men of War 4. That he had given out Summary Decrees 5. That he had imposed Taxes 6. That he had Corrupted the Fountain of Justice 7. That he had perswaded the King to unnecessary War 8. To the giving up Anjou in France Ovum Ovo And for all these though he was charged with High Treason for wronging the Right of the Subject and Subverting the Fundamental Lawes of the Kingdom yet after long agitation the matter was found by the Lords in Parliament not to imply Treason but only Felony Add to this another Case in the 23 H. 8. where one was charged for Subverting the English Laws and yet no Treason charged upon him Add to both these the Case of Richard Larkes pleaded at the Common-Pleas who was charged with Treason for subverting the Law but convicted only of Felony By which you may see my Lords what to this time hath been the Judgment of subverting the Lawes Thirdly It is very considerable That the Lord Strafford is not charged to have Subverted the Laws but only to have Intended to subvert the Fundamental Laws and this I conceive if there were no more might keep him free from that Statute of 25 Ed. 3. for although as touching the Life of the King the Queen and Children Intention is a Treasonable Act yet in all other things there mentioned there must be Action besides Intention For it is not said That if a Man doth intend to kill a Chancellor it shall be Treason but only if he doth kill him and if he doth Actually counterfeit the Broad Seal And although a man should prepare a Furnace make ready his Stamp and melt his Bullion yet if he gives not the King's Impress
France was in subjection to the Crown of England there were at the beginning of the Parliaments Receivers and Tryers of Petitions for those parts appointed I believe your Lordships will have no Case shewed of any Plea to the Jurisdiction of the Parliaments of England in any things done in any parts wheresoever in subjection to the Crown of England The last thing I shall offer to your Lordships is the Case of 19 Eliz. in my Lord Dyer 306. and Judge Crompton's Book of the Jurisdiction of Courts fol. 23. The opinion of both these Books is That an Irish Peer is not Tryable here it 's true a Scotch or French Nobleman is Tryable here as a common person the Law takes no notice of their Nobility because those Countreys are not governed by the Laws of England but Ireland being governed by the same Laws the Peers there are Tryable according to the Law of England only per pares By the same reason the Earl of Strafford not being a Peer of Ireland is not tryable by the Peers of Ireland so that if he be not tryable here he is tryable no where My Lords In case there be a Treason and a Traytor within the Statute and that he be not tryable here for it in the ordinary way of Judicature if that jurisdiction fail this by way of Bill doth not Attainders of Treason in Parliament are as legal as usual by Act of Parliament as by Judgment I have now done with the Statutes 25 Edw. 3. and 18 Hen. 6 My Lord of Strafford hath offended against both the Kingdoms and is guilty of High-Treason by the Laws of both My Lords In the fifth place I am come to the Treasons at the Common-Law the endeavouring to subvert the Fundamental Laws and Government of the Kingdom and to introduce an Arbitrary and Tyrannical Government In this I shall not at all labour to prove That the endeavouring by Words Counsels and Actions to subvert the Laws is Treason at the Common-Law if there be any Common-Law Treasons at all left nothing is Treason if this be not to make a Kingdom no Kingdom take the Polity and Government away England is but a piece of Earth wherein so many men have their Commorancy and abode without ranks or distinction of men without property in any thing further than possession no Law to punish the Murthering or robbing one another That of 33 Hen. 8. of introducing the Imperial Law sticks not with your Lordships it was in case of an Appeal to Rome these Appeals in Cases of Marriages and other causes counted Ecclesiastical had been frequent had in most Kings Reigns been tolerated some in times of Popery put a conscience upon them the Statutes had limited the penalty to a Praemunire only neither was that a total subversion only an Appeal from the Ecclesiastical Court here in a single Cause to the Court of Rome and if Treason or not that Case proves not a Treason may be punished as a Felony a Felony as a Trespass if his Majesty so please The greater includes the less in the Case of Praemunire in the Irish Reports that which is there declared to be Treason was proceeded upon only as a Praemunire The things most considerable in this is Whether the Treasons at Common-Law are taken away by the Statute of 25 Edw. 3. which is to speak against both the direct words and scope of that Statute In it there 's this clause That because many other like Cases of Treason might fall out which are not there declared therefore it is enacted That if any such Case come before the Judges they shall not proceed to Judgment till the Case be declared in Parliament whether it ought to be adjudged Treason or not These words and the whole scope of that Statute shews that it was not the meaning to take away any Treasons that were so before but only to regulate the Jurisdiction and manner of Tryal Those that were single and certain Acts as conspiring the Kings Death Levying War Counterfeiting the Money or Great-Seal Killing a Judge these are left to the ordinary Courts of Justice The others not depending upon single Acts but upon constructions and necessary Inferences they thought it not fit to give the inferior Courts so great a latitude here as too dangerous to the Subject those they restrained to the Parliament This Statute was the great security of the Subjects made with such wisdom as all the succeeding Ages have approved it it hath often passed through the Furnace but like Gold hath left little or nothing The Statute of the First H. 4. Cap. 10. is in these words Whereas in the Parliament held the 21 year of Richard the 2. divers pains of Treason were ordained insomuch that no man did know how to behave himself to do say or speak It is accorded that in no time to come any Treason be adjudged otherwise than it was ordained by the Statute of 25th of Edw. 3. It hath been said To what end is this Statute made if it takes not away the Common-Law Treasons remaining after the Statute of the 25th of Edw. 3 There be two main things which this Statute doth First it takes away for the future all the Treasons made by any Statute since 25 Edw. 3. to the 1 H. 4. even to that time for in respect that by another Act in that Parliament the Statute of 21 Rich. 2. was repealed it will not be denyed but that this Statute repeals more Treasons than these of the 21 R. 2. It repeals all Statute-Treasons but those in 25 Edw. 3. Secondly It not only takes away the Statute-Treasons but likewise the declared Treasons in Parliament after the 25th of Edw. 3. as to the future after Declaration in Parliament the inferior Courts might judge these Treasons for the Declaration of a Treason in Parliament after it was made was sent to the inferior Courts that toties quoties the like Case fell out they might proceed therein the Subject for the future was secured against these so that this Statute was of great use But by the very words of it I shall refer all Treasons to the provision of 25 Edw. 3. it leaves that entire and upon the old bottom The Statute of 1 Queen Mary Cap. 1. saith That no offences made Treason by any Act of Parliament shall thenceforth be taken or adjudged to be Treason but only such as be declared and expressed to be Treason by the Statute of 25 Edw. 3. Concerning Treason or Declarat on of Treason and no others And further provides That no pains of Death penalties or forfeiture in any wise shall ensue for Committing any Treason other than such as be in the Statute of 25 Edw. 3. ordained and provided any Act of Parliament or any Declaration or matter to the contrary in any wise notwithstanding By the first of this Statute only offences made Treason by Act of Parliament are taken away the Common-Law-Treasons are no ways touched the words And no others
That he could scarce tell how to acknowledg that to be a City or almost a Society of Men where there was so little Civility and Government The Mayor told him The People were discontented because Mass was publiquely said in his House The Ambassador replied That the English Ambassador had without disturbance the free Exercise of his Religion at Madrid and that he would rather lose his life then the Priviledges due to him by Paction and the Laws of Nations The Mayor replied That the People were the more incensed against him because the Londoners who were of the Popish Religion were permitted to frequent his House at Mass which was contrary to Law To this the Ambassador said That if the Mayor would keep them out he would send for none of them but if they came within his Doors he could neither in Conscience to his Religion or Honour to his Master deny them either access to his Devotions or protection to their Persons so far as in him lay In short a Guard was appointed to attend his House to prevent further inconveniences and to keep the Ambassador from Affronts and the People from frequenting Mass But this Storm was no sooner over but upon Monday it began to rise again with far greater horror and Impetuosity and it must be imputed to the Artifice of the Earl of Strafford's Enemies who by this means were resolved to terrifie the Lords into a Compliance for in truth the Bill of Attainder went on very slowly in the Lords House and had they not been driven from their House by the Insolence and Menaces of the Tumults it had never come to the Royal Assent To quicken some therefore and affright others 5 or 6000 Porters Carr-men and other Dissolute and Rude Fellows assembled upon Monday after the Noise of the King's Speech was bruited abroad the Town and having filled the Pallace Yards and posted themselves at all the Entrances to the Parliament-House they stopped every Coach crying out Justice and Execution and upon a sign given that Justice and Execution was the noble Word they sent forth such hideous Cries as were enough to create amazement in persons of the greatest Constancy The Lord Steward coming by his Coach was stopp'd and some of the most insolent stepping to him demanded of him Justice and Execution and told him Justice they had already Execution they desired and would have it He answered them They should have Justice if they would have Patience To which they replied No they had already had too much Patience longer we will not stay and before you part from us we will have a promise of Execution He told them he was going to the House for that purpose and that he would Endeavour to content them Whereupon some of them cried We will take his word for once and so with difficulty enough he got to the House The Lords sate till Twelve of the Clock and most of them went back by Water and when the Lord Chamberlain the Earl of Holland came out to take Coach they redoubled their Cry and coming up to the Earl of Bristol's Coach some of them told him For You my Lord of Bristol we know you are an Apostate from the Cause of Christ and our Mortal Enemy we do not therefore crave Justice from You but shall shortly crave Justice upon You and your false Son the Lord Digby Nor did they stop here but having gotten a List of those who Voted against the Bill of Attainder in the House of Commons they pasted up their Names at the Corner of the Wall of Sir William Brunkard's House in the Old Pallace-Yard giving them the Title of Enemies of Justice and Straffordians adding withall this insolent Menace That these and all other Enemies of the Common-wealth should perish with Strafford This Popular Revenge however has done this kindness to those Gentlemen who durst so boldly adventure the Protection of Innocence that it has conveyed their Names down to Posterity which in after Ages will look upon them with the greater Honour and Veneration for the Indignity put upon them by the Rude Multitude They were these The Lord Digby Lord Compton Lord Buckhurst Sir Robert Hatton Sir Thomas Fanshaw Sir Edward Alford Nicholas Slanning Sir Henry Slingsby Sir William Portman Mr. Gervas Hollis Mr. Sydney Godolphin Mr. Cook Mr. Coventry Mr. Kirton Serjeant Hide Mr. Tayler Mr. R. Weston Mr. Griffith Mr. Scawen Mr. Bridgman Mr. Fettyplace Dr. Turnor Sir Thomas Danby Sir George Wentworth Sir Frederick Cornwallis Sir William Carnaby Sir Richard Winn Sir Gervas Clifton Sir Will. Widdrington Sir William Pennyman Sir Patricius Curwin Sir Richard Lee Mr. Pollard Mr. Price Mr. Trevanion Mr. Jean Mr. Edgcomb Mr. Ben. Weston Mr. Selden Mr. Alford Mr. Lloyd Mr. Heâ—â—ert Captain Digby Mr. Charles Price Dr. Parry Mr. R. Arundel Mr. Newport Mr. Nowel Mr. Chichley Mr. Mallorey Mr. Porter Mr. White Mr. Warwick Nor were they satisfied or rested here but one among the rest proceeded to the height of Impudence crying out as it was affirmed If we have not the Lieutenant's Life we will have the King 's and however the matter was passed over yet I find some traces of it and the Examination of one Lilburn for dangerous words before the Lords who upon his saying that he only repeated what he heard some persons say whom he did not know was discharged for the present but the Cause ordered to be retained in the House And most certainly they had some great Persons who stood behind the Curtain and animated these Disorders for all this while the House of Commons sate close as if there had been no disturbance and while the Commotion was at the height they were hatching the Protestation the Bill for perpetuating the Parliament during the pleasure of the Two Houses and busie upon the Discovery of a strange Plot by a few Young Gentlemen to bring up the Army and indeed laying the Foundations of all the Miseries of a Future Rebellion Upon Tuesday May the Fourth Tuesday May 4. there was a Conference between the Houses where the Lord Privy Seal acquainted the Commons with a Message from the King and Council wherein His Majesty takes Notice of the Tumults and that it is His Majesties Pleasure that both Houses take it into Consideration that some speedy Course may be taken to settle Peace and prevent the like Disorders for the Future He represented to them That it was the great hinderance of their passing the Bill of Attainder their Lordships being so encompassed with multitudes of People that they could not be conceived to be free But notwithstanding all this the Commons took no notice of them so that the Connivence it self was the same thing with an Encouragement His Lordship also acquainted them with a Petition or something like one which the Lords had received from the Multitudes that flocked together which being so like Mr. Pym's Speech to Usher in the Protestation and Perpetual Bill give occasion to believe they were Arrows
of the same Quiver For Mr. Pym as a Prologue to those Designs acquainted the House That there were Informations of Desperate Designs at home and abroad to bring up the Army against the Parliament to surprize the Tower that the Earl of Strafford might Escape that Portsmouth was to be betrayed the French were drawing down their Army in all hast to the Sea side And to the same Effect was the Petition of the Rabble States men which follows THat whereas your Petitioners did yesterday Petition for the Redress of many Grievances Petition of the Rabble and for the Execution of Justice upon the Earl of Strafford and other Incendiaries and to be secured from some dangerous Plots and Designs on Foot to which your Lordships have this day given Answer that you have the same under Consideration for which your Petitioners do render humble thanks but forasmuch as your Petitioners understand that the Tower of London is presently to receive a Garrison of men not of the Hamblets as usually they were wont to do but consisting of other Persons under the command of a Captain a great Confident of the Earl of Strafford which doth encrease their fears of the suddain Destruction of King and Kingdom wherein your Lordships and Posterity are deeply interested and this is done to make way for the Escape of the Earl of Strafford the Grand Incendiary They therefore pray that instant Course may be taken for the discovery thereof and that speedy Execution of Justice be done upon the Earl of Strafford Hereupon the Lords sent six Peers to the Tower who Examining the Lieutenant he informed them he had a Command from the King to receive a hundred men under Captain Billingsley into the Tower thereby throwing an Odious Reflexion upon the King as if he were of confederacy for the Earl his Escape which his Majesty understanding did himself the Justice to let the Lords know by a Message That upon a Complaint of Sir William Balfour the Lieutenant of the Tower of the great Resort of People thither he Ordered the said Captain and his Company to guard the Munition there but if that occasion Jealousies his Majesty is willing to receive their Lordships advice And for the other fine story of the Earl's Escape is was discovered by the miracle of three good Wives of Wappings peeping in at the Key-hole out of Curiosity to see the Earl and they heard him discourse with his Secretary Mr. Slingsby about his Escape but Mr. Slingsby upon Examination absolutely denyed it as did also the Master of the Ship which was said to be laid for him only Balfour being Examined confessed the Earl had moved some such thing and offered him the King's Warrant for his Indemnity but whoever considers that he was a Scot a Confident of the Party and that all things were managed by Scottish Counsels Measures and Examples of Tumults and withal how unjustly he had traduced the King just before in the matter of Captain Billingsley will not at all admire he should make a little bold with his Conscience to keep his place to oblige his Friends and Countenance a Report which was so advantageous to the Designs that were then caarying on by Tumults and all the Artifices imaginable But that which puts it out of all doubt is the Letter which this noble Lord writ that very day to the King to pass the Bill of Attainder against him a Generosity as it was very uncommon so very inconsistent with the design of this pretended Escape which seemed rather Levelled at his Majesties Reputation among the People then to have any reality in it The Letter was this May it please Your Sacred Majesty IT hath been my greatest grief in all these Troubles The Earl of Strafford's Letter to the King May 4. to be taken as a person which should endeavour to represent and set things amiss between Your Majesty and Your People and to give Counsels tending to the disquiet of the Three Kingdoms Most true it is that this mine own private Condition considered it had been a great madness since through Your Gracious Favour I was so provided as not to expect in any kind to mend my fortune or please my mind more than by resting where Your bounteous Hands had placed me Nay it is most mightily mistaken for unto your Majesty it is well known my poor and humble Advices concluded still in this That Your Majesty and Your People could never be happy till there were a right understanding betwixt You and them and that no other means were left to effect and settle this happiness but by the Counsel and Assent of Your Parliament or to prevent the growing Evils of this State but by intirely putting Your Self in this last resort upon the Loyalty and good Affections of Your English Subjects Yet such is my misfortune that this Truth findeth little credit yea the contrary seemeth generally to be believed and my self reputed as one who endeavoured to make a separation between You and Your People under a heavier censure than this I am perswaded no Gentleman can suffer Now I understand the minds of Men are more and more incensed against me notwithstanding Your Majesty hath declared That in Your Princely opinion I am not Guilty of Treason and that You are not satisfied in Your Conscience to pass the Bill This bringeth me in a very great streight there is before me the ruine of my Children and Family hitherto untouch'd in all the Branches of it with any foul crime Here are before me the many ills which may befal Your Sacred Person and the whole Kingdom should Your Self and Parliament part less satisfied one with the other than is necessary for the preservation both of King and People Here are before me the things most valued most feared by mortal men Life or Death To say Sir that there hath not been a strife in me were to make me less man than God knoweth my Infirmities make me and to call a destruction upon my self and young Children where the intentions of my heart at least have been innocent of this great offence may be believed will find no easy consent from Flesh and Blood But with much sadness I am come to a Resolution of that which I take to be best becoming me and to look upon it as that which is most principal in it self which doubtless is the prosperity of Your Sacred Person and the Common wealth things infinitely before any private mans interest And therefore in few words as I put my self wholly upon the Honor and justice of my Peers so clearly as to wish Your Majesty might please to have spared that Declaration of Yours on Saturday last and intirely to have left me to their Lordships So now to set Your Majesties Conscience at liberty I do most humbly beseech Your Majesty for prevention of evils which may happen by Your refusal to pass this Bill and by this means to remove praised be God I cannot say this accursed
himself unready he said I thank God I am no more afraid of Death nor daunted with any discouragements arising from any fears but do as chearfully put off my Doublet at this time as ever I did when I went to Bed Then he put off his Doublet and wound up his Hair with his Hands and put on a white Cap. Then he called Where is the man that should do this last Office meaning the Executioner call him to me When he came and ask'd him forgiveness he told him he forgave him and all the World Then kneeling down by the Block he went to Prayer again himself the Bishop of Armagh kneeling on the one side and the Minister on the other to the which Minister after Prayer he turned himself and spoke some few words softly having his Hands lifted up the Minister closed his Hands with his then bowing himself to the Earth to lay down his Head on the Block he told the Executioner That he would first lay down his Head to try the fitness of the Block and take it up again before he laid it down for good and all and so he did and before he laid it down again he told the Executioner That he would give him warning when to strike by stretching forth his Hands and then laid down his Neck on the Block stretching out his Hands the Executioner struck off his Head at one blow then took the Head up in his Hand and shewed it to all the People and said God Save the King A Copy of the Paper containing the Heads of the Lord Strafford's last Speech written by his own Hand as it was left upon the Scaffold 1. I Come to pay the last Debt we owe to Sin 2. Rise to Righteousness 3. Dye willingly 4. Forgive all 5. Submit to what is Voted Justice but my intentions Innocent from Subverting c. 6. Wishing nothing more than great Prosperity to King and People 7. Acquit the King constrained 8. Beseech to Repent 9. Strange way to write the beginning of Reformation and Settlement of a Kingdom in Blood on themselves 10. Beseech that Demand may rest there 11. Call not Blood on themselves 12. Dye in the Faith of the Church 13. Pray for it and desire their Prayers with me His Body was afterwards Embalmed and Carried down into Yorkshire to be buried among his Ancestors Thus fell the Wonder of that Age and of all succeeding of whom I think a Greater Character cannot be given than those in short of the Archbishop of Canterbury who knew him best and the Primate of Ireland who saw him Dye The Archbishop discoursing with Dr. Whimberley concerning that Passage at their parting said That perhaps it was a softness unbecoming him but he hoped by Gods Assistance and his own Innocence that when he should come to his own Execution which he Expected the World should perceive that he had been more sensible of the Earl of Strafford's Loss than of his own and with good reason he said for that Gentleman was more Serviceable to the Church not to mention the State then either himself or all the Church-men of England had been And the Lord Primate of Ireland giving an account to the King of the manner of his Death told him That he had seen many Die but never saw so White a Soul return to its Maker At which Expression that Good and Compassionate Prince was so tenderly touched that turning himself aside he could not forbear paying the sad Tribute of some Tears to the Innocent Manes of the Illustrious Sufferer He left these Three Instructions to his Son in Writing First That he should continue still to be brought up under these Governors to whose Charge he had committed him as being the best he could chuse of all those within his Knowledg and that he should not change them unless they were weary of him that he should rather want himself than they should want any thing they could desire Secondly If his Prince should call him to Publique Service that he should carefully undertake it to testifie his Obedience and withal to be Faithful and Sincere to his Master though he should come to the same End that himself did Thirdly That he foresaw that Ruin was like to come upon the Revenues of the Church and that perhaps they might be shared among the Nobility and Gentry but charged him never to meddle with any of it for the Curse of God would follow all them that meddle with such a thing that tends to the destruction of the most Apostolical Church upon Earth Thus lay his Innocence asleep with his injured Ashes till together with Monarchy and Episcopacy it received a Resurrection at the Happy Restauration of his Most Serene Majestie King Charles the Second when by publique Act of Parliament publique Justice was done to his Memory and the Injustice of his Sufferings The Act was as follows WHereas Thomas late Earl of Strafford The Act for Reversing the Attainder of Thomas Earl of Strafford was impeached of High-Treason upon pretence of endeavouring to subvert the Fundamental Laws and called to a publick and solemn Arraignment and Tryal before the Peers in Parliament where he made a particular Defence to every Article objected against him insomuch that the turbulent party then seéing no hopes to effect their unjust Designs by any ordinary way and method of Proceedings did at last resolve to attempt the Destruction and Attainder of the said Earl by an Act of Parliament to be therefore purposely made to condemn him upon accumulative Treason none of the pretended crimes being Treason apart and so could not be in the whole if they had been proved as they were not and also adjudged him guilty of Constructive â—reason that is of Levying War against the King though it was only the Order of the Council-Board in Ireland to be executed by a Sergeant at Arms and three or four Soldiers which was the conuant practise of the Deputies there for a long time To the which end they having first presented a Bill for this intent to the House of Commons and finding there more opposition than they expected they caused a multitude of tumultuous persons to come down to Westminster armed with Swords and Staves and to fill both the Palace-yards and all the approaches to both Houses of Parliament with Fury and Clamor and to require Justice speedy Justice against the Earl of Strafford and having by those and other undue practises obtained that Bill to pass the House of Commons they caused the Names of those resolute Gentlemen who in a Caâ—e of innocent Blood had freely discharged their Consciences being Fifty nine to be posted up in several places about the Cities of London and Westminster and shied them Straffordians and Enemies to their Countrey hoping thereby to deliver them up to the fury of the People whom they had endeavoured to incense against them and then procured the said Bill to be sent up to the House of Peers where it having some
and Concourse of People to those places Thirdly To the Poor who found there a constant relief from their Hospitality Fourthly To the King's Revenues for that besides their First-fruits Tenths c. no sort of Men did more readily grant Subsidies to his Majesty or were more willing at this time to contribute to the publick Charges of the Kingdom He trusted much he said in the Honour and Justice of this Honourable House in regard that though they were Accused of great and flagitious Crimes yet he could not hear of the least proof offered against them and therefore he hoped that they who professed so much sincerity in Religion would never have St. Paul's censure deservedly laid upon them Thou that abhorrest Idols dost thou commit Sacriledge Which he did not see how it could be avoided if they destroyed these Religious Foundations which were dedicated and set apart for the solemn Service and Honour of God Concluding That upon the Ruine of the Rewards of Industry and Learning no Structure could be raised but Ignorance and upon the Chaos of Ignorance nothing but Confusion Prophaneness Irreligion and Atheism But Alas All this was but Surdis Canere Upon this there arose a warm debate and the Episcopal Party in the House who were by far over-numbered urged That they took the late Protestation to be the meaning and intention of the House to defend the Protestant Religion and not to destroy it according to the first Clause of the said Protestation But they soon found themselves in Solomon's Snare who informs them that is a Snare to devour holy things and after vows to make Enquiry for whatever their intention was in taking it the imposers had one very far different and meant it as an Engine to pull down the Ecclesiastical Hierarchy as a Relique of Popery and therefore they now explained their meaning to be That Explanation of the Protestation by the True Reformed Protestant Religion expressed in the Doctrine of the Church of England against all Popery and Popish Innovations within the Realm contrary to the same Doctrine is meant only the Publick Doctrine professed in the said Church so far as it is opposite to Popery and Popish Innovations and that the said Words are not to extend to the maintaining of any Form of Worship Discipline or Government nor of any Rites or Ceremonies of the said Church of England So that upon the Matter hereby the Government of the Church by Arch-bishops Bishops c. together with the Liturgy were plainly designed for Extirpation which is the Presbyterian way of Reforming Thus by an unhappy Artifice were many worthy and sound men not only for the Doctrine but Government of the Church as it were drawn into a Confederacy to destroy her And if their too inconsiderate compliance drew them into this danger how deeply were they Guilty who designedly drew them into the making a solemn Protestation Vow and Promise in the presence of Almighty God to perform something which by their own Confession was so mysterious and doubtful as to need an Explication a Vow made without the knowledge or consent of their Supreme Lord and Sovereign and as they Explained it not only directly contrary to their Oaths of Allegiance and Supremacy but such a one as their Sovereign could not permit them to keep but he must violate his Coronation Oath by which he had obliged himself to defend the Church in all her Priviledges and Immunities as then by Law possessed and enjoyed A most impious affront to the Supreme Majesty of Heaven making him a Party to a Vow so rashly made that the very framers of it to their Eternal Infamy acknowledged by this Explanation carried so much Ambiguity as to render it not sufficiently understood to be taken with a safe Conscience nor by many of those who took it be kept without perjury and making shipwrack of their Consciences However this advantage Posterity will be able to make of it not to be again imposed upon by such wily stratagems of pretenders to Reformation but for the future will more easily be able to discover the design and meaning of such Protestations and Associations and in what sense they who diffent from the Church of England understand the True Protestant Religion of which they boast themselves such great Champions and Assertors and that though for a time to serve their Interest they may dissemble yet they esteem the Discipline Rites and Ceremonies of the present Established Church of England no better than Popery and Popish Innovations And that notwithstanding the Testimony of Antiquity long before either Popery or Presbytery came into the World recommends them to us as the Primitive Government and Usages of the Universal Church notwithstanding that the first Reformers set to their Testimony by Martyrdom which they suffered from the Papists an evident demonstration that they are not Popish Notwithstanding that they are agreeable to the Rule of Scripture enjoyned by those Laws and Legislators who detested abhorred and banished the Pope and Popery out of England yet if ever they can get the Power proportionable to their Wills they will endeavour to Extirpate Root and Branch the most truly Primitive and Apostolical Church in the whole Christian World A Message from the House of Commons by Mr. Arthur Goodwin Message from the Commons about the Bill to restrain Ecclesiastical persons from medling in Secular Affairs who delivered the Bill for the abbreviation of Michaelmas Term which the Commons had passed with the amendments And to desire their Lordships from the Commons to take into Consideration as soon as they can the Bill touching the Restraining of Bishops and Persons in Holy Orders from intermedling in Secular Affairs This day two Letters were read in the House of Commons one from Mr. Peter Heywood Thursday May 13. Fears of the French another from Thomas Smith of Dover to one James Buckhurst of the great fears of the French and their being about to Ship many thousands of men to be landed in England the Consideration of which were referred to the Committee of Seven Thus did they by continual Alarms of Fears and Dangers even upon the slightest and most trivial Grounds as it were to keep the People perpetually awake and force them into those dreadful State-Phrensies which were the deplorable Consequences of these Reports and Rumors His Majesty came this day into the House of Lords and having Seated himself in his Chair of State the Lords being in their Robes fitting uncovered the House of Commons were sent for the Royal Assent being to be given to three Bills viz. One for the Abbreviation of Michaelmas Term Another for Pressing and Levying of Marriners and others for the Service of the Kingdom and the third For the Remainder of the Six Subsidies Upon the presenting of which Mr. Speaker made this Speech as I find it in the Book of Speeches Pag. 204. May it please Your Most Excellent Majesty Mr. Speaker's Speech at the passing
in Charity it is a supposition not to be supposed no nor in Reason that they will go against the Light of their understanding The holiness of their Calling their Knowledge their Freedoms from Passions and Affections to which Youth is very obnoxious their vicinity to the Gates of Death which though not shut to any yet always stand wide open to old Age these My Lords will surely make them Steer aright But of matter of Fact there is no disputation some of them have done ill Crimine ab uno disce omnes is a Poetical not a Logical Argument Some of the Judges have done so some of the Magistrates and Officers and shall there be therefore neither Judge Magistrate nor Officer more A personal Crime goes not beyond the Person that commits it nor can anothers Fault be mine Offence If they have contracted any Filth or Corruption through their own or the Vice of the Times cleanse and purge them thorowly But still remember the great difference between Reformation and Extirpation And be pleased to think of your Triennial Bill which will save you this labour for the time to come fear of punishment will keep them in order if they should not themselves through the love of Vertue I have now My Lords according to my poor Ability both shewed the Conveniences and answered those Inconveniencies that seem to make against them I should now propose those that make for them As their falling into a Condition worse then Slaves not represented by any and then the dangers and inconveniences that may happen to your Lordships but I have done this heretofore and will not offer your Lordships Cramben bis coctam In the Commons House the Affair of the Captives at Algiers fell under debate and produced these following Votes Resolved Votes about the Captives at Algiers c. That his Majesty be moved to send at the Charges of the Merchants some fit person to the Grand Seignior to demand the English Captives in Algiers and other the Turkish Dominions Resolved c. That in some convenient time a Fleet of Twenty Ships and Pinnaces be sent to Algiers to assail the Town and their Ships if the Captives be not delivered upon the demand of them Resolved c. That the Book of Rates being setled One per Cent. be laid upon Trade over and above the Sums in the Book to be collected and imployed by Commissioners to be appointed by the Parliament for this special Vse and continue so long as the Parliament shall think fit A Message was brought to the Lords by Mr. Conference about the Scots Secretary Vane to let their Lordships know that the Select Committee of their House have Reported what was yesterday done at the meeting with the Select Committee of Lords Thereupon the House of Commons having taken the business into Consideration have Resolved c. That the whole Arrear of 120000 l. be presently paid to the Scots out of which the due Debts of the Counties are to be deducted and for the Brotherly assistance of 300000 l. it shall be setled and secured by the Kingdom to them Resolved c. That if the deductions may withdraw more Moneys than the Scots can spare from the Disbanding then the whole 120000 l. shall be allowed them for the Disbanding and the Debt of the Counties be taken upon the Kingdom for the present and be first paid out of the Brotherly assistance Resolved c. That when the Treaty shall be fully Concluded and Publick Faith given for Peace and Security for Mony both the Armies may be Disbanded by degrees as mony shall come in Resolved c. That the Committee shall have power to present these Heads to the Lords Commissioners to treat with the Scots Likewise the House of Commons desired that a meeting might be between the Lords Commissioners and the Scots Commissioners this Afternoon at four of the Clock and propound these Resolutions unto them All which the Lords assented to Saturday May 22. Monday May 24. Money borrowed of the City desired to be continued Votes about the Bishops Bill in the Lords House The greatest part of this day was spent by the Commons in the Debate of the Scottish Articles Fifty Thousand Pounds and Sixty Thousand Pounds formerly lent by the City was this day desired to be continued a Year and a half longer with promise to be repaid out of the four hundred thousand pounds voted to be raised for payment of the debts of the Kingdom The Bill concerning the Bishops was this day Debated in the House of Lords and after a long and serious Debate the House was Reassumed and it was Resolved upon the Question That the Arch-Bishops and Bishops shall have Suffrage and Voice in the House of Peers in Parliament Resolved c. That the Arch-Bishops and Bishops shall not have Suffrage and Voice in the Court of Star-Chamber when they are called Upon the further Debate of the Bill about Bishops it was this day further Resolved c. That no Arch-Bishop or Bishop or other Person in Holy Orders shall be Justices of the Peace Resolved c. That no Arch-Bishop or Bishop nor other Persons in Holy Orders shall be of the Privy Council to the King or to his Successors The Commons fell this day upon consideration of the Customers but before they came to any Vote Mr. Pym made a motion for them offering a Hundred Thousand Pounds composition Tuesday May 25. Customers offer 100000 l. For an Act of Oblivion provided they might have an Act of Oblivion but the proposition being rejected by the House it was Voted Resolved c. That all Collections of any Sums of Mony by colour of Subsidies Imposts or Aids upon any Merchandize whatever not granted by Parliament are against the Law and Liberties of the Subject Resolved c. That all such persons as have Collected any such Sums of Mony under colour of Subsidy Imposts or Aid upon any Merchandise whatever not granted by assent in Parliament are Delinquents The Complaint of the Vintners against Alderman Abel Wednesday May 26. The Vintners Case against Abel and Kilvert and Mr. Kilvert for taking one peny per Quart upon all French Wines and two pence per Quart upon Spanish Wines was this day debated in the House of Commons and upon the Debate voted Illegal and a Bill Ordered to be brought in against the said Alderman Abel and Mr. Kilvert The Customers Sir Paul Pindar The Customers Petition for an Act of Oblivion and to pay 150000 l. in a Month. Sir Abraham Daws Sir John Worstenholm and Sir John Jacob Petitioned the House for an Act of Oblivion whereupon it was Resolved c. That one hundred and fifty thousand pound offered by the Petitioners in satisfaction of their Delinquency to the Common-wealth shall be accepted they paying the Mony within one Month as was expressed in their Petition and an Act of Oblivion to be passed according to certain Limitations made in
no cause appeared or such only as was clearly Bailable by Law yet he remanded them where they remained Prisoners very long Which said deferring to grant the said Writs of Habeas Corpus and refusals and delays to discharge Prisoners or suffer them to be Bailed contained in this Article are destructive to the Fundamental Laws of this Realm and contrary to former resolutions in Parliament and to the Petition of Right which said Resolutions and Petition of Right were well known to him the said Sir Robert Berkley and were Resolved on and Enacted when he was the Kings Serjeant at Law and attendant in the Lords House in Parliament 11. That whereas there was a Cause depending in the Court-Christian at Norwich between Samuel Booty Clerk and Collard for two Shillings in the Pound for Tithes for Rents and Houses in Norwich and the said Collard moved by his Council in the Court of Kings Bench for a Prohibition to stay proceedings in the Court Christian at Norwich and delivered into the said Court of Kings Bench his suggestions that the said Cause in the said Court Christian was only for Tithes for Rents of Houses in Norwich which was determinable by the Common Law only yet he the said Sir Robert Berkley being one of the Justices of the said Court of Kings Bench and sitting in the said Court deferred to grant a Prohibition to the said Court Christian in the said Cause although the Council did move in the said Court many several times and several Terms for a Prohibition And he the said Sir Robert Berkley deferred to grant his Majesties Writ of Prohibition to several other Courts on the motions of divers others of His Majesties Subjects where the same by the Laws of this Realm ought to have been granted contrary to the Laws of this Realm and his own knowledge All which Words Opinions and Actions were so spoken and done by him the said Sir Robert Berkley Traiterously and Wickedly to Alienate the Hearts of His Majesties Liege People from His Majesty and to set a division betwixt them and to subvert the Fundamental Laws and Established Government of His Majesties Realm of England for which they do Impeach him the said Sir Robert Berkley one of the Justices of the Court of Kings Bench of High Treason against our Soveraign Lord the King His Crown and Dignity and of the misdemeanors above mentioned And the said Commons by Protestation saving to themselves only the Liberty of Exhibiting at any time hereafter any other Accusation or Impeachment against the said Sir Robert Berkley and also of replying to the answer that he the said Sir Robert Berkley shall make to the said Articles or any of them or of offering Proof of the Premises or any other Impeachments or Accusations that shall be Exhibited by them as the case shall according to the course of Parliaments require do pray that the said Sir Robert Berkley one of the Justices of the Court of Kings Bench may be put to answer to all and every the Premises and that such Proceedings Examinations Tryals Judgments and Executions may be upon every of them had and used as is agreeable to Law and Justice Upon the Articles of Impeachments of the Lord Chief Baron Davenport Mr. Baron Trevor and Mr. Baron Weston Mr. Hide by the Command of the Commons spake as follows My Lords THere cannot be a greater instance of a sick and languishing Commonwealth than the business of this day Good God! Mr. Hide 's Speech at the delivering of the Articles of Impeachment of the L. Chief Baron Davenport Mr. Baron Trevor and Mr. Baron Weston July 6. 1641. how have the guilty these late years been punished when the Judges themselves have been such Delinquents 'T is no marvel that an Irregular Extravagant Arbitrary Power like a Torrent hath broke in upon us when our Banks and our Bulworks the Laws were in the custody of such Persons Men who had lost their Innocence could not preserve their Courage nor could we look that they who had so visibly undone us themselves should have the Vertue or Credit to Rescue us from the Oppression of other Men. 'T was said by one who always spoke excellently That the Twelve Judges were like the Twelve Lions under the Throne of Solomon under the Throne in Obedience but yet Lions Your Lordships shall this day hear of Six who be they what they will be else were no Lions who upon vulgar fears delivered up the precious Forts they were trusted with almost without assault and in a tame easie Trance of flattery and servitude lost and forfeited shamefully forfeited that Reputation Awe and Reverence which the Wisdom Courage and Gravity of their Venerable Predecessors had contracted and fastned to the places they now hold and even rendred that study and profession which in all Ages hath been and I hope now shall be of an honourable Estimation so Contemptible and Vile that had not this blessed day come all Men would have had that quarrel to the Law it self which Marius had to the Greek Tongue who thought it a mockery to learn that Language the Masters whereof lived in bondage under others And I appeal to these unhappy Gentlemen themselves with what a strange negligence scorn and indignation the faces of all men even of the meanest have been directed towards them since to call it no worse that fatal declension of their understandings in those Judgments of which they stand here charged before your Lordships But my Lords the work of this day is the greatest instance of a growing and thriving Common-wealth too and is as the dawning of a fair and lasting day of happiness to this Kingdom 'T is in your Lordships power and I am sure 't is in your Lordships will to restore the dejected broken people of this Island to their former joy and security the Successors of these Men to their old Priviledge and Veneration sepultas propè leges revocare My Lords the iniquity of Judges is infectious and their craftiest Combination to leave us as few innocent as may be Your Lordships have heard of the justice of Two of the greatest Courts of Westminster and that you may know how little advantage the other of his Majesties Revenue the Court of Exchequer hath of its fellows in the Administration of Right I am commanded by the House of Commons to present to your Lordships Three several Charges against three Judges of that Court my Lord Chief Baron Davenport Mr. Baron Trever and Mr. Baron Weston Your Lordships will please to hear them read Here the several Articles were read Your Lordships observe that the great Resolution in Ship-mony was a Crime of so Prodigious a Nature that it could not be easily swallowed and digested by the Consciences even of these Men but as they who are to Wrestle or run a Race by degrees prepare themselves by Diet and lesser Essays for the main Exercise so these Judges enter themselves and harden their hearts by more
Our Ambassador to the Emperor and other Princes in the said Diet Assembled And to that purpose have given him full Power and Instructions to contribute all Our Authority to the Procurement and Setttlement of a good and blessed Peace by the reestablishment and restitution of the Possessions and Dignities of our said dear Sister Nephews and Electoral Family without which no Peace can either be honest or secure Hereby Exhorting and Desiring all other Kings Princes and States our Friends Allies and Confederates who shall either be present at the said Diet or shall have their Ambassadors or Deputies there that they will be assisting to the Justice of so good a Cause and to so great a Blessing as the restoring of Peace to the almost desolate Estate of Germany But because We may have just Cause to doubt by many Experiences of Our former Endeavours that the Issue and Fruit of this meeting may not be answerable to Our just Expectation but rather that it may produce contrary Effects to the prejudice of the Justice and Rights of Our said Nephews and their Family which God forbid we are hereby forced to protest against all Acts Sentences Conclusions or Determinations whatsoever which shall or may be had made or declared either in Confirmation of the Oppressions and Usurpations past or any Additions thereunto for the future as invalid and of no power or effect In which Case being contrary to Our desire and expectation We also further protest and declare that We will not abandon neither Our own nor the Publick Interest nor the Cause Rights and just Pretences of Our dear Sister and Nephews and other Princes and States involved within their Oppressions But that We will use and employ all such force and power wherewith God hath enabled Us both by Our own Arms and the help and assistance of all Our Allies and Friends to vindicate Our own Honour the Publick peace and redress of the Injuries Usurpations and Oppressions of Our said dearest Sister and Nephews and their Illustrious Family And hereby as we do profess to use all our endeavour and Power to promove a happy and desired Peace for the Consolation of the distressed Empire so We do appeal to Almighty God the Inspector of the Hearts of all Princes and to the World the Spectator of all Our just Actions that We will be innocent before God and the World of all the Evils that may ensue if these Our last Hopes shall be delayed or abused HIs Sacred Majesty of Great Britain being resolved in Case this his last Endeavor by his Extraordinary Ambassador sent to the Diet at Ratisbone for a friendly Accommodation of his Nephew the Prince Elector Palatines Affairs should prove fruitless to have his said Embassy without further loss of Time seconded by more powerful and effectual means went to His Parliament on the Fifth day of July last and there after the dispatch of some other Affairs presented the above written Manifesto with these Words I Take this occasion to present to both Houses That whereby I hope all the World shall see that there is a good Understanding between Me and My People It is concerning My Nephew the Prince Elector Palatine who having desired Me by the Advice of the King of Denmark to assist him in a Treaty for his Restauration at the Diet now held at Ratisbone by the Emperour I could not but send My Ambassador for that purpose though I much doubt that I shall not have so good an Issue of it as I wish The which My Nephew foreseeing hath desired Me for the better Countenancing of his Just Demands to make a Manifesto in My Name which is a thing of that Consequence that if I should do it alone without the Advice of My Parliament it would be of much less force Therefore I do here propose it unto you That by your Advice I may do it for that way I think it most fit to be published in My Name THe said Manifesto concerning the Restitution of the Electoral Palatine Family having been Seriously Considered by both Houses They togethe reame to his Majesty in the Banquetting-House on the Twelfth of July last where the Speaker delivered the said Houses their Opinion and Resolution in this manner YOur Majesty in your Royal Person was pleased to recommend this Manifesto touching the Palatine Cause to be read in full Parliament and to be advised of by both Houses Both the Houses have seriously considered of it and have commanded Me to present these their Humble Advices unto your Sacred Majesty which are expressed in this Declaration which hath passed the Votes of both the Houses and which I am commanded to read unto your Majesty Dei Mercurii 7 Julii 1641. Resolved upon the Question That this House doth approve of His Majesties Pious Intentions in the behalf of His Royal Sister and His Nephew the Prince Elector Palatine and the rest of the Princes of that Family and of the publishing this Manifesto to that purpose and that this House will be ready to give His Majesty such advice and assistance therein by Parliament as shall stand with the Honour of His Majesty and the interest and affections of this Kingdom if the present Treaty shall not succeed Die Sabbathi 10 Julii 1641. Resolved in like manner upon the Question by the House of Peers That they do concur in this Vote with the House of Commons I am likewise Commanded to present the humble desires of both the Houses of Parliament That Your Majesty will be pleased to recommend this Manifesto to the Parliament of Scotland to have the Concurrence of that Kingdom THus much was delivered by the Speaker of the House of Peers both Houses then attending His Majesty in the Banquetting-House at White-Hall To which His Majesty was graciously pleased to make them this Answer WE take very thankfully the Concurrent Advices of both the Houses of Parliament in so great and pious a Work declared in these Votes and Resolutions which you have read unto Us. We will also take care to recommend this Manifesto unto the Parliament in Scotland to have the Concurrence of that Kingdom which We doubt not but they will perform Mr. Treasurer reports in a Paper His Majesty's Answer to the Third of the Ten Heads presented in the Painted Chamber in haec verba MY Answer is That I know of none The Kings Answer to the 3d of the 10 Propositions about ill Counsellors the which Methinks should both satisfie and be believed I having granted all hitherto demanded by Parliament Nor do I expect that any should be so unadvised as by slander or otherwise to deter any that I trust to in my Publick Affairs from giving me Counsel especially since freedom of Speech is always demanded and never refused to Parliaments This Gracious Prince was so unwilling to disoblige even by any Casual Word that might bear a hard Construction that His Majesty immediately sent a Second Paper in these Words Which was delivered at
or in the Consistory of the Bishop of Norwich And that in such case no prohibition against the said Bishop of Norwich their Chancellors or Commissaries in the said Courts of Consistory be granted And if any such Writ be any time obtained the Judges granting the same upon sight of his Highness's said Order shall forthwith grant a Consultation to the Minister desiring the same with his reasonable cost and charges of the same Which said Order and Decree under the great Seal of England tended to the violation of the Oaths of the Judges and was devised contrived and made by the said Bishop And afterwards by his evil Counsels and false Surmises he did obtain His Majesties Royal consent thereunto and by colour of the Order aforesaid and other the doings of the said Bishop the Citizens and Inhabitants of Norwich aforesaid viz. John Collar Judith Perkeford and others have been forced to pay the two Shillings in the Pound in lieu of Tithes or else by Suits and other undue means been much molested and put to great charges and expences contrary to the Law and Justice XXV That he assumed to himself an Arbitrary Power to compel the respective Parishioners in the said Diocess to pay great and excessive Wages to Parish-Clerks viz. the Parishioners of Yarmouth Congham Tostock and others commanding his Officers that if any Parishioner did refuse to pay such Wages they should certifie him their Names and he would set them into High-Commission Court for example of the rest and that one or two out of Ipswich might be taken for that purpose And the said Commons by Protestation saving to themselves the liberty of exhibiting at any time hereafter any other Accusation or Impeachment against the said Matthew Wren late Bishop of Norwich and now Bishop of Ely and also of replying to the answer that he the said Matthew Wren shall make unto the said Articles or any of them or offering proof of the Premisses or any other Impeachments or Accusations that shall be exhibited by them as the case shall according to the course of Parliaments require do pray that he the said Matthew Wren may be called to answer the said several Crimes and misdemeanors and receive such condign punishment as the same shall deserve and that such further proceedings may be upon every of them had and used against him as is agreeable to Law and Justice Thus did these great Zealots for the pretended Purity and Reformation of Religion and to reduce the Bishops to their Primitive State even litterally render them so by Persecution imitating the Primitive Persecutors of the Primitive Bishops clothing them in Skins of Bears Wolves and Tigres to invite the cruel Mastisss to fall upon them and tear them in Pieces And certainly not with standing this black Accusation there cannot be a greater Demonstration of the Innocence of this worthy Prelate then the very Articles and that this Accusation wanted proof to carry it further than a bare Accusation and a Commitment to the Tower where with the Courage and Patience of a Primitive Christian he continued a Prisoner till the happy Year 1660. wherein he saw himself the Church and this Kingdom together set at Liberty by the blessed Restauration of His Most Serene Majesty Charles the Second to his undoubted Birth-Right the Imperial Crown of these Realms from the Bondage and Slavery under which they had for so many Years laid Languishing and almost ready to expire The Earl of Bristol acquainted the House King Assents to the 5 Propositions That His Majesty had been moved concerning the Five Propositions presented from their House from the House of Commons Yesterday and his Majesty consents to all the said Propositions WHEREAS a Petition hath been Exhibited unto this Honorable House by sundry Officers The Case of the Clerks c. of the Court of Common-Pleas against Patentees and the Lords Order upon it Clerks and late Clerks of the Court of Common Pleas Thereby shewing that they have been Bred and Trained up as Clerks in the said Court and that the Disposition of the Offices of Prothonotories Fillizers Exigenters and divers other Officers of the said Court had Time out of Mind appertained to the Chief Justice of that Court for the Time being as an inseperable Incident to his Office and that the same were granted to such skilful and experienced Clerks trained up in the said Court as were most fit and able for the Execution of the same Places and that notwithstanding several Grants and Letters Patents of the said Offices had been obtained from His Majesty to the great discouragement of able Clerks and therefore prayed that the said Grants or Letters Patents might be recalled And whereas several Petitions have likewise been Exhibited by the Patentees touching the said Offices and several Days of hearing have been appointed but in regard of greater Business in the House the Cause could not be heard whereupon it pleased the Lords upon the 26th Day of June last to Order that the Judges of the Kings-Bench and Barons of the Exchequer should consider whether the said Grants or Letters Patents made by his Majesty of the said Offices or any of them were good in Law and should make Report thereof unto the House to the end their Lordships might proceed to do what should be Right and Just therein And whereas the said Judges and Barons upon perusal of divers of the said Patents and a due Consideration had of the Grants of those Offices in former Times made by the Chief Justice of the said Court of Common-Pleas for the Time being and upon hearing of Councel on both Sides after mature deliberation had of the Premisses did certifie that the Offices of the first and third Prothonotary of the said Court of Common Pleas of the Clerk of the Warrants of the Clerk of the King's Silver of the Clerk of the Essoignes of all the Exigenters and of all the Fillizers except of the County of Monmouth have by prescription belonged to the Chief Justice for the time being and that he hath always granted the same for the Lives of the Grantees who have held them by his admittance only and that the Office of Clerk of the Treasury of that Court is all ways Granted by the Chief Justice for the time being to such Persons as he shall nominate to continue only during the Time that he continues Lord Chief Justice And further they did certifie their Opinions to be that none of the Grants made by his Majesty of any of the Offices or Clerks Places before in the same Certificate mentioned were good in Law And whereas this Day was appointed by Order of this House for the hearing of the said Cause Now upon full debate of the Matter by Councel learned on both Sides their Lordships taking the Business into their mature Consideration and well approving the Learning Justice and Integrity of the present Chief Justice and thinking it most just and meet that the Rights and Priviledges
shut up and they returned back to the place from whence they fled 6. That the Decree 40 Eliz. Imprinted inter alia for the relief of the Poor who are driven to live by Begging or to be relieved by Alms and have been taken into new erected Tenements and divided Houses be taken into consideration during the time of Infection and the Landlords of such Tenements to be rated according to the said Decree with the Parishioners where such Buildings and Divisions are as if they were dwelling in the said Parish for that otherwise the said Buildings will be an insupportable charge to the Parish and the poor people turned out into the streets in this time of Infection 7. That the pavements in the streets be made sufficient and so continued the Kennels kept sweet and clean the Soil of the said Streets to be carried away and all annoyances to be removed and such Inhabitants as shall refuse to pay the reasonable Rates Assessed on them for payment of the Scavengers which shall cleanse and carry away the Soile be distrained by their Goods for the payment thereof 8. That if any person shall turn out of their Houses any Servant or Lodgers being sick power to be given to the Magistrate or Officer to put them in their said House again or otherwise the said persons to provide sufficient maintenance for them and upon refusing so to do being able persons to distrain the Goods of such persons for the discharge that shall so turn them out of doors 9. If by order of the Magistrate any persons visited and removed out of their House or Lodging to the Pest-House or other place when they be recovered and in perfect health the said Magistrate to have Power and full Authority to return and settle the said persons in their Houses or Lodgings from whence they were so taken out without contradiction of their Landlords or any others 10. That all such Magistrates or other persons that shall be trusted with this Service may be enabled to do all other things necessary and pursuing the Execution of these Orders as occasion shall require and be out of the danger of misconstruction seeing they hazzard their particular safeties to provide for the Publick The Lord Privy Seal reported the Conference with the House of Commons concerning Raising and Transporting Forces out of His Majesties Dominions where this Paper was read Intituled The Conference between the Lords and Commons concerning Levies for forreign Princes Sept. 9 1641. Instructions agreed by the Lords and Commons in Parliament upon the Ninth day of September 1641. To be sent to the Committees of both Houses now attending His Majesty at Edinburgh WHereas we have received Information from you as likewise from Mr. Secretary Vane concerning the Complaint of the Spanish Ambassador about the stay of 4000 Men to be raised in His Majesties Dominions and Ships for Transporting the same You shall in the Name of both Houses of Parliament humbly present the true state of proceeding in Parliament concerning that business in this manner When His Majesty was pleased to acquaint both Houses with the desire of the French and Spanish Ambassadors to Transport Forces out of England and Ireland His Majesty did withal graciously express his Resolution not to consent to these desires without the consent of his Parliament Both Houses have search't their Journals and find by them that not only they never made any expression of such a Consent as they can make no such but by Order but that both Houses have by Vote declared their Opinions to the contrary and have inclosed the Copy of those Votes That the Parliament cannot but wonder that any person should presume to inform His Majesty that they had made any such Expression having made no such Vote which they conceived to be destructive to the Proceedings and contrary to the Priviledge of Parliament And this being the state of the matter of Fact the Parliament doth no less wonder and conceives it an high injury to them that the Spanish Ambassador should offer a Complaint of them to His Majesty for doing of that which His Majesty having referred the consideration of the Ambassadors desires to the Parliament they could not but do without manifest breach of their Duties as Councellors in this His Majesties great Council of Parliament for the Reasons following 1. That the want in which Forreign States stand of Men is such that great use may be made of them by His Majesty and very advantageous Conditions had for them in the making and strengthening of Alliances abroad as his Affairs and Reason of State may require which will be lost as to so many and we fear as to more which under colour of these may be Transported if these Men should be thus parted with 2. That the breeding of Irish Papists in a Forreign War may beget Damage to that Kingdom and Trouble to this especially serving under the King of Spain there being already in his Dominions and in his Armies Fugitives of that Nation and that in great Commands over the Militia of the same 3. That His Majesty having sent an Extraordinary Ambassador to Ratisbone to demand that in this present Dyet that Justice be done to the Electoral House by the House of Austria and likewise published a Manifest by advice of his Parliament declaring that if this be not done by them with whom how the Interests of Spain are involved and interwoven is evident to all Men His Majesty will employ all such Power wherewith God hath enabled him both by his own Arms and the assistance of all his Allies to vindicate his Honour the Parliament conceives That before Answer be made to this so just demand it is neither Safe nor Honourable for His Majesty to furnish that Prince with Forces which may be a disheart'ning to the Protestant Party abroad a weakning to His Majesty and a strength to his Enemies in case Justice be not done to the Electoral House which they conceive themselves to have the more Cause to doubt by reason of the Publication in Print of the late general Amnesty to the Exclusion of the Prince Palatine Whereupon it was Resolved upon the Question Nemine Contradicente That this House joynes with the House of Commons herein After which an Ordinance was agreed upon not to permit any Forces to be transported for the Service of Forreign Princes which was as followeth Die Jovis 9. Sept. 1641. Thursday Septem 9. An Ordinance was made and agreed upon by the Lords and Commons in this present Parliament The Ordinance against transporting Forces into the Service of any Forreign Prince concerning the Raising and Transporting of Forces of Horse or Foot out of his Majesties Dominions of England and Ireland FOr the Safety and Defence of this Kingdom and for the better enabling of his Majesty to aid and assist his Allies abroad It is Ordered by the Lords and Commons in Parliament That none of his Majesties Subjects shall Treat or Contract
in the Margin he calls Richard Belling R. B. a zealous Nuncionist Whereas though it is true that he was imployed by the Supreme Council to Rome and his Negotiation was the occasion of sending the Nuncio over into Ireland yet when he found the Nuncio and that Party to have other Designs then meerly the obtaining Liberty for their Religion as at first they pretended none were more zealous in opposing them then Mr. Belling or in promoting the Peace and submitting the Irish to the King's Authority he was one among others of the supreme Council who disavowed and appealed from the Sentence of Excommunication procured against the Lord Lieutenant and his Adherents as is evident by a Book which he wrote in answer to one published by French the Titular Bishop of Fernes written in Justification of the Rebellion and the aforesaid Excommunication Pag. 5th of the Preface he saith The Cessation was managed by subtile Instruments of State And because these Words are a little Mysterious p. 29th of the said Preface he Explains himself speaking his own Sentiments in the Language of Col. Crafford's Remonstrance where he hath this passage When I first enter'd on this History I propos'd to my self a Series of the Whole but prest with my own Affairs and matter increasing plentifully upon me I held it rational to Sum up the Whole after I had brought it to the Cessation which some * Col. Crafford's Remonstrance pag. 5. had an apprehension was not a less Plot to deliver the Remainder of his Majesties true Subjects into the Rebels hands and to root out the Protestant Religion Observe this passage then what was commenced the 23 of October 1641. But the Articles of that Cessation speak otherwise necessity being the Ground thereof legible in His Majesties Motives to a Cessation the 19th of September 1643. Which afterwards was highly Controverted and in the end so infeebled as the War according to the first intent was after the Long Parliament grasp'd all pursued with vigour and success The Regicides and Irish Papists might have sharper Swords but surely they had not blacker Ink then Dr. Borlase for either he thought that this passage Of some thought the Cessation a greater Plot against the Protestant Interest and Religion then that of the Irish Papists Octob. 23 1641 was either True or else the most malicious Compendium of Scandal that ever the Regicides or Irish Rebels endeavoured to fix upon His Majesty if he thought it false he should without mumbling the matter between the Teeth of so many Parentheses as he does where he seems to contradict it from His Majesties motives and the Articles I say he ought either not to have mentioned it at all or to have given it a lasting brand of Infamy For by this intolerable Reflection the Character of a worse Plot is put upon His Majesty then the execrable Irish Rebellion to betray the Protestants and their Religion since he himself in the 118 121 124 and 132 pages of his History produces His Majesties Letters to the then Marquess now Duke of Ormond and the Lords Justices Borlase and Tichburn expresly commanding the making of that Cessation for one year And I think to fix this upon the King exceeds even the Exit Tyrannus Regum Vltimus of the Rebels And therefore all along his History he makes some body or other still thinking this Cessation a great Plot against the Protestants and extolls the management of the Parliament who were against it after they had grasp'd all for vigorously and successfully prosecuting the War and indeed it is very suspicious that he both thinks and would have others think this Cessation a Real Plot and that he hath a great Kindness for the English Parliament Rebels appears by the Tenderness he expresses for them as in this Place as if they were in good earnest against the Irish Rebels and the King in good Earnest for them so also P. 135. where he hath these sweetning Words And indeed to give the Parliament their due when they had reduc'd the Affairs of England to their own Module the Rebels of Ireland were frequently Chastized and so affectionately pursued that neither Men Money or Courage was wanting to that Service Expressions so kind and tender that one is tempted to believe these were some of the Nameless Worthies he mentions in his Preface Pag. 25. It may be saith he some whose Excellency consists in Detraction will think by this I had a particular Design besides the History to preserve the Memory of * If these Some were not some of the Illustrious Parliament Regicides as Ireton Cromwell c. why does he not Name them some who otherwise in tract of time might be lost in the Common Rubbish and I dare not disown those Conjectures the deserving being to be in Everlasting Remembrance Nor hath it in all Ages and amongst the Worthiest Persons been esteemed Pride but Justice to Erect Memorials and Altars to Meriting Heroes And I think by this Passage he did not intend to put the Greatest Hero and Martyr into his Calender unless it be to Note him Nigro Carbone I shall have Occasion to satisfie the Reader more particularly when I come to the Vxbridge Treaty and the Papers which then passed betwixt the King and the Parliament in the mean time in short this was the true State of the Matter and then let the World judge what Ground Dr. Borlase hath to revive this black Scandal against his late Majesty and his Grace the Duke of Ormond The Reasons for making this Cessation were plainly the miserable Condition which that part of the English Army under the Command of the Marquiss of Ormond was reduced unto because neither he nor the Officers and Soldiers under his Command could be threatned or perswaded to favor the two Houses of Parliament in the War they made against the King whilest the Scotch Army were at the same time plentifully provided for so that those who would not be of their Party had no choice beside the Cessation but to forsake their Allegiance or Starve Besides the Parliament saw evidently That if a Cessation were concluded and a Peace should follow upon it the King would receive considerable Supplies of Men from Ireland which made them to save their own Heads forfeited to Justice so violently Oppose the Cessation thò they pretended other Reasons of Religion and Conscience under which Cloaks they covered the most Impious and daring Villainies which ever the Sun beheld I might produce other Passages but must desire the Readers Excuse for the present till they naturally fall in my Way but I cannot omit one more P. 304. where he hath these very Words And certainly whatsoever conspired to complete so execrable a Design as the Murther of the King nothing contributed more than the Irish deluding his Sacred Majesty so long with their Promises of a Competent Army whereby he relying on them too confidently Assured of their Ability and Power to perform it
Armies or Multitudes of Armed Men lawfully or unlawfully convented together the right use whereof in all times hath been found most necessary in this Kingdom And further to that Question they cannot Answer for that as they conceive it doth concern his Majesties Regal Power and that the Answer of the other Part of the Question doth properly belong to another Profession whereof they have no Cognizance 9. To the Ninth they say That as the taking of any Oath before any but such Judges or Persons as have Power to give or Demand an Oath for decision of Controversies is by most Divines in most Cases counted to be a rash Oath and so an Offence against God within the third Commandment so the perscribing or demanding of a set Oath by any that cannot derive Power so to do from the Crown where the Fountain of Justice under God doth reside Is an Offence against the Law of the Land and as for Voluntary and Extrajudicial Oaths altho freely taken before Arbitrators or others they say as this Kingdom is Composed in many Particulars as the Nature and Consequence of the Course or the Quality of the Person who taketh or before whom the same is taken may concern the Common-Wealth or the Members thereof such taking of such Oaths or Proceeding or Grounding on such Oath in deciding of Differences according to the several Circumstances that may occur therein or the Prejudice it may introduce to the Common-Wealth may be punishable by the Common Law or if it grow unto an height or general Inconvenience to the Common-Wealth or Members thereof in the Castle-Chamber for thô such an Oath be Voluntary yet in most Cases it is received by him that doth intend to ground his Judgment thereon and after the Oath is taken the Arbitrator or he that intends to yield Faith to the Party that took the Oath doth examine him upon one or more Questions upon the said Oath unto the Answer whereof he doth give Faith and Assent trusting on the said Oath And whereas Oaths by God's Institution were chiefly allowed to be taken before lawful Magistrates for ending Controversies yet common Experience doth teach in this Kingdom That oftentimes Orders and Acts grounded on such Voluntary Oaths beget Strife and Suits and commonly such Orders when they come to be measured by the Rules of Law or Equity in the King's Courts become void after much expence of Time and Charge that we say nothing of that that thereby many Causes proper for the King's Courts are drawn ad aliud examen are thereby the Justice and Courts often defrauded and declined 10. To the Tenth they say That they are not Judges of Rules of Policy but of Law and that they know no certain Rule of Law concerning Reducement of Fines the same being Matters of his Majesties meer Grace after a Man is censured for an Offence And that they know no Law that none shall be admitted to Reducement of his Fines or other Penalties in the Courts in the Question specified until he confess the Fact for which he was Censured But forasmuch as the admittance or Reducement after Conviction for an Offence is Matter of Grace and not Justice It hath been the constant Course of those Courts both here and in England for clearing of his Majesties Justice where the Party will not go about to clear himself by reverfal of the Censure or Decree not to admit him to that Grace until he hath confessed the justness of the Censure pronounced by the Court against him and that the rather for that commonly the Ability or disability of the Party doth not appear in Judgment before them but the Nature and Circumstances of the Offence according to which they gave Sentence against him or them in Terrorem after which when the Party shall make the weakness of his Estate to appear or that the Court is otherwise ascertained thereof they do of Course proportion the Censure or Penalty having regard to his Estate 11. To the Eleventh they say That neither the Judges of the King's Bench as they inform us that are of that Court or Justices of Goal-Delivery or of any other Court do or can by any Law they know deny the Copies of Indictments of Felony or Treason to the Party only Accused as by the said Question is demanded 12. To the Twelfth they say That where Lands are holden of the King by Knights-Service in Capite the Tenant by the strict Course of Law ought in Person to do his Homage to the King And until he hath done his Homage the Ancient Course of the Exchequer hath been and yet is to issue Process of Distringas out of the second Remembrancers Office to distrain the Tenants ad faciendum Homagium or ad faciendum finem pro Homagio suo respectuando upon which Process the Sheriff returneth Issues and if the Tenants do not thereupon appear and compound with the King to give a Fine for Respit of Homage then the Issues are forfeited to the King for the Contempt But if he appear then the Court of Exchequer doth agree with him to Respite his Homage for a small Fine wherein they regulate themselves under the Rate expressed and set down in England by Virtue of a Privy Seal in the 15th year of Queen Elizabeth wherein the Rates are particularly set down according to the yearly value of the Lands which Rates are confirmed by Act of Parliament in the first of King James c. 26. in England before which time there was not any such certainty but the same rested in the discretion of the Court by the Rule of Common Law and so it doth at this day in Ireland Howbeit we conceive that the Court of Exchequer here do well to regulate their discretions by those Rates in England and rather to be under then to exceed the same which the Barons there do as they do inform us that are Judges of the other Courts 13. To the 13th they say That they know no Rule of Law or Statute by which it should be Censurable in the Subjects of this Kingdom to Repair and Appeal unto His Majesty for Redress of Injuries or for other their Lawful occasions unless they be prohibited by His Majesties Writ or Proclamation or other his Command But they find that by the Statute of 5 R. 2. that the passage of the Subjects out of the Realm is prohibited without special License excepting Noblemen and others in the said Statute specially excepted and some inference to that purpose may be made upon that Statute of 25 H. 6. c. 2. in this Kingdom 14. To the Fourteenth they say That some Deanries and Dignities not Deans or Dignitaries as the Question propounds it are properly Et de mero Jure Donative by the King some Elective and some Collative according to the first Foundation and Usage of those Churches And they humbly desire that they may not be required to give any further Answer to this Question for that it may concern many Mens
Estates which may come Judicially before them 15. To the Fifteenth they say That they conceive that where Priviledges are claimed by any Body Politic or other the King's Council may exhibit a Quo Warranto to cause the Parties claiming such Priviledges to set forth and shew by what Warrant they claim the same and that the Court cannot hinder the issuing of Process at the Instance of the King's Attorney to exhibit such Information But when the Case shall upon the Proceedings be brought to Judgment then and not before the Court is to take notice and give Judgment upon the Merit and Circumstances of the Cause as upon due consideration shall be conceived to be according to Law in which Case the Judges nor the King's Attorney as they conceive ought to be punished by any ordinary Rule of Law or Statute that they know But for this particular Question of Quo Warranto for that it hath been a great Question in this present Parliament and concerns the highest Court of Justice in this Kingdom and also concerns two other of His Majesties Courts of Justice and therein His Majesties Prerogative in those Courts they cannot safely deliver any Opinion therein before it comes Judicially before them and that they hear it argued and debated by Learned Councel on both sides 16. To the Sixteenth they say That although the Jurors be the sole Judges of the matter of Fact yet the Judges of the Court are Judges of the Validity of the Evidence and of the matters of Law arising out of the same wherein the Jury ought to be guided by them And if the Jury in any Criminal Cause between the King and Party give their Verdict contrary to clear and apparent Evidence delivered in Court they have been constantly and still ought to be Censured in the Star-Chamber in England and Castle-Chamber here for this misdemeanour in perverting the right Course of Justice in such Fines and other punishment as the Merits and Circumstances of the Cause doth deserve according to the Course of the said Courts For that their Consciences ought to be directed by the Evidence and not be misguided by their Wills and Affections and if the Jury know any matter of Fact which may either better or blemish their Evidence they may take advantage thereof but they ought to discover the same to the Judges And they say That this proceeding in the Court of Castle-Chamber is out of the same ground that Writs of Attaint are against a Jury that gives a false Verdict in a Court of Record at the Common Law betwixt Party and Party which false Verdict being found by a Jury of 24 notwithstanding that the first Jurors were Judges of the Fact yet that infamous Judgment was pronounced against the first Jury which is next or rather worse then Judgment of Death and lay a perpetual brand of Perjury upon them for which reason it was Antiently called the Villainous Judgment And they say That the Law to direct the punishment for such Offence is the course of the said Court which is a Law as to that purpose and the Statute of 3 H. 7. cap. 1 2. and other Statutes of Force in this Kingdom 17. To the Seventeenth they say They can answer no otherwise then they have in their Answer to the next precedent Question 18. To the Eighteenth they say That in a Legal Construction the Statute of Magna Charta in which the words of Salvo Contenemento are mentioned is only to be understood of Amerciaments and not of Fines Yet where great Fines are imposed in Terrorem upon the reducement of them regard is to be had to the Ability of the Persons 19. To the Nineteenth they say That if one doth steal a Sheep or commit other Felony and after flyeth the Course of Justice or lyeth in Woods or Mountains upon his Keeping Yet he doth not thereby become a Traytor neither doth a Proclamation make him so the Chief use whereof in such a case is to invite the Party so standing out to submit himself to Justice or to forewarn others of the danger they may run into by Keeping him Company or giving him Maintenance or Relief whereby he may the Rather submit to Justice 20. To the Twentieth they say That the Testimony or Evidence of Rebels or Traytors under Protection or Thieves or other Infamous persons is not to be used or pressed as Convincing Evidence upon the Tryal of any man for his Life And so is his Majesties printed Instructions as to persons Condemned or under Protection yet the Testimony of such persons not condemned may be given in Evidence at the Tryal and being fortified with other Concurring Proof or Apparent Circumstances may be pressed upon any Tryal and for discovering their Fellows or Abettors or Relievers as the Circumstances may offer themselves in their Examination especially if before they Confess themselves guilty of the Offence in Imitation of the Approver at the Common Law whereof no Certain Rule may be given And it needs not be made a Question here Whether the Jurors or Judges ought to be Judges of the matter of Fact It being positively laid down in the 16th Question that they are and tho their false Verdict doth convince or not convince the Prisoner yet they may be questioned and punish'd for a false Verdict as in their Answer to the 16th is already declared 21. To the Twenty first they say That that Question is now judicially depending and hath been already solemnly argued in his Majesties Court of Wards in which Court their Assistance for declaration of the Law therein is already required And therefore they humbly desire they may not be compelled to give any Opinion touching that Point until it be resolved there 22. To the Two and twentieth they say That they do conceive there is no matter of Law contained in the said Question yet for further satisfaction of your Lordships they say That upon View of an Act of State bearing date at his Majesties Castle of Dublin the 24th of December 1636. grounded upon his Majesties Letters of the 5th of July last past it appears unto them that Four shillings in the pound as of his Majesties free Gift and Reward out of the first payment of the Increase of Rent reserved to his Majesty was allow'd unto the Judges that were Commissioners and attended that Service And they humbly conceive That the receiving of that Four shillings in the pound of his Majesties Bounty stands well with the Integrity of a Judge And those Judges did inform them That they did not avoid any Letters Patents upon those Commissions of Defective Titles but receive such to Compound as submitted for the strengthening of their defective Patents and Titles And such as would stand upon the Validity of their Grants were left to the Tryal of Law And that the Compositions made after the said Grants of 4 s. in the pound were made according to Rules and Rates agreed upon by all the Commissioners before his
Majesty's said Letters or the said Act of State and not otherwise The Commons not being satisfied with these Sober and Calm Resolutions of the Judges fell to Voting their own Sense and to make Declarations of the Law upon their former Queries as followeth Questions propounded in Parliament And Declarations of the Law thereupon in Parliament Quest 1. The Declaration of the Commons in Ireland upon the Queries propounded to the Judges WHether the Subjects of this Kingdom be a Free People and to be Governed only by the Common Laws of England and Statutes of Force in this Kingdom Declarat The Subjects of this his Majesties Kingdom of Ireland are a free People and to be Governed only according the Common Law of England and Statutes made and established by Parliament in this Kingdom of Ireland and according to the Lawful Customs used in the same 2. Quest Whether the Judges of this Land do take the Oath of Judges And if so Whether under pretext of any Act of State Proclamation Writ Letter or Direction under the Seal or Privy Seal Signet or Letter or other Commandment from the Lord Lieutenant Lord Deputy Justice Justices or other Chief Governor or Governors of this Kingdom they may hinder stay or delay the Suit of any Subject or his Judgment or Execution thereupon If so in what Cases And whether if they do hinder stay or delay such Suit or Judgment or Execution thereupon what Punishment do they incur for their deviation and transgression therein Declarat That Judges in Ireland ought to take the Oath of the Justices or Judges declared and established in several Parliaments of Force in this Kingdom and the said Judges or any of them by Color or under Pretext of any Act of State or Proclamation or under Color or Protext of any Writ Letter or Direction under the Great Seal Privy Seal or Privy Signet from the King 's Most Excellent Majesty or by Color or Pretext of any Letter or Commandment from the Chief Governor or Governors of this Kingdom ought not to hinder or delay the Suit of any Subject or his Judgment or Execution thereupon and if any Letters Writs or Commands come from his Majesty or from any other or for any other Cause to the Justices or to the other deputed to do the Law and right according to the Usage of the Realm in disturbance of the Law or of the Execution of the same or of Right to the Party the Justices and others aforesaid ought to proceed and hold their Courts and Processes where the Pleas and Matters be depending before them as if no such Letters Writs or Commandments were come to them And in case any Judge or Judges Justice or Justices be found in default therein he or they so found in default ought to incur and undergo due Punishment according to the Law and former Declarations and Provisions in Parliament in that Case made and of Force in this Kingdom or as shall be Ordered Adjudged or Declared in Parliament And the Barons of the Exchequer Justices of the Assize and Goal-delivery if they be found in default as aforesaid It is hereby declared That they ought to undergo the Punishment aforesaid 3. Quest Whether the Kings Majesties Privy Council either with the Chief Governor or Governors of this Kingdom or without him or them be a Place of Judicature by the Commons Laws and wherein Causes between Party and Party for Debts Trespasses Accompts Possessions or Title of Lands or any of them or which of them may be heard and determined and of what Civil Causes they have Jurisdiction and by what Law And of what Force is their Order or Decree in such Cases or any of them Declarat The Council Table of this Realm either with the Chief Governor or Governors or without the Chief Governor or Governors is no Judicatory wherein any Action Real Personal Popular or Mixt or any Suit in the Nature of the said Actions or any of them can or ought to be Commenced Heard or Determined and all Proceedings at the Council Table in any Suit in the nature of any of the said Actions are void especially Causes particularly provided for by express Acts of Parliament of Force in this Kingdom only excepted 4. Quest The Like of the Chief Governor alone Declarat The Proceedings before the Chief Governor or Governors alone in any Action Real Personal Popular or Mixt or in any Suit in the Nature of any of the said Actions are Coram non Judice and void 5. Quest Whether Grants of Monopolies be warranted by the Law and of what and in what Cases and how and where and by whom are the pretended Transgressors against such Grants punishable and whether by Fine Mutilation of Members Imprisonment Loss and Forfeiture of Goods or otherwise and which of them Declarat All Grants of Monopolies are contrary to the Laws of this Realm and therefore void and no Subject of the said Realm ought to be Fined Imprisoned or otherwise Punished for exercising or using the Lawful Liberty of a Subject contrary to such Grants 6. Quest In what Cases the Lord Lieutenant Lord Deputy or other Chief Governor or Governors of this Kingdom and Council may punish by Fine Imprisonment Mutilation of Members Pillory or otherwise And whether they may Sentence any to such the same or the like punishment for infringing the Commands of or concerning any Proclamation of and concerning Monopolies and what punishment do they incur that Vote for the same Declarat The Lord Lieutenant Lord Deputy or other Chief Governor or Governors and Council of this Realm or any of them ought not to imprison any of his Majesties Subjects but only in Cases where the Common Laws or Statutes of the Realm do inable and warrant them so to do and they ought not to Fine or to Consure any Subject in mutilation of Member standing on the Pillory or other shameful Punishment in any Case at the Council Table and no Subject ought to be Imprisoned Fined or otherwise Punished for Infringing any Commands or Proclamation for the support or Countenance of Monopolies and if in any Case any Person or Persons shall be committed by the Command or Warrant of the Chief Governor or Governors and Privy Council of this Realm or any of them That in every such Case every Person or Persons so Committed restrained of his or their Liberty or suffering Imprisonment upon Demand or Motion made by his or their Counsel or other imployed by him or them for that purpose unto the Judges of the Court of Kings-Bench or Common-Pleas in open Court shall without delay upon any Pretence whatsoever for the ordinary Fees usually paid for the same have forthwith granted unto him or them a Writ or Writs of Habeas Corpus to be directed generally unto all and every Sheriff Goaler Minister Officer or other Person in whose Custody the Party or Parties so Committed or Restrained shall be shall at the Return of the said Writ or Writs and
Savage Cruelty upon the whole Irish Nation and all the Catholicks of that Kingdom many Persons of Honour were never in the least degree tainted with that Contagion but on the contrary have always given as signal Testimonies of their Affection and Duty to the King and of their detestation of that Odious and Bloody defection as any of his Subjects of either of his other Kingdoms have done whose memories must with equal justice and care be transmitted to Posterity as pretious Examples of Honour and Integrity others there were who by the Passion and Rigour of those who were then in Authority and had power enough to destroy whom they had inclination to suspect or accuse were driven to put themselves into the Protection of those whose ways and courses they totally disapproved and hated and many who were by mis-information and mis-belief ingaged in the carrying on and possibly contriving the War and Insurrection yet were mortally averse to those barbarous actions of Blood Rapine and Inhumanity which dishonour even the most just and lawful War One Circumstance of unhappy and impious Policy must not be forgotten by which the Bold Authors of that unnatural War in the first entrance into it promised to themselves notable advantages and which in truth as most of the policies of that kind brought unspeakable misery and devastation upon that Nation for the better seducing the People who having lived so long in Peace and Amity with the English were not without some Reverence to that Government and so could not in plain and direct terms be easily led into an avowed Rebellion against their King they not only declared and with great skill and industry published throughout the Kingdom that they took Arms for the King and the Defence of his Lawful Prerogative against the Puritanical Parliament of England which they said invaded it in many Parts and that what they did was by His Majesties Approbation and Authority And to gain Credit to that Fiction they produced and shewed a Commission to which they had fastened an impression of the Great Seal of England which they had taken off from some Grant or Patent which had Regularly and Legally passed the Seal and so it was not difficult to perswade weak and unexperienced Persons to believe that it was a true Seal The Rebels of Ireland counterfeit the King's Commission and Great Seal prejudicial to the King but Ruinous to them and real Commission from the King And by this Fatal Stratagem they cast so Odious an Imputation upon the King and upon those Persons who were worthily nearest him in his Affection and Councils that the Seditious Party in England who were then contriving all the Mischief they afterwards brought to pass used all their Arts to propagate those horrible Calumnies and to infuse into the Hearts of the People an Irreverence and Jealousy of the King Queen and those of nearest Trust to either of them so that his Majesty was even compelled for his own Vindication and lest he might be thought too faint a Prosecutor of an Enemy whose Insurrection it was said he himself had fomented to commit the whole Management of that War to the two Houses of Parliament and they having obtained this Power Interessed and trusted such Members of their own Body with the Ordering and Directing of the same as were resolved with most Passion Uncharitableness and Violence to Prosecute that whole Nation and the Religion that was most generally Exercised there and by this means all Persons who were to conduct both the Civil and Military Affairs in Ireland were drawn to a Dependence upon the Two Houses of Parliament at Westminster all Officers and Commanders for that War were Nominated and approved by them all Monies raised for that Service was Issued and Disposed only by their Orders from whence it came to pass that they who craftily intended to derive a Support and Countenance to themselves by using the King's Name to Purposes which he abhorred foolishly thereby defrauded and deprived themselves of that Protection and Mercy which his Majesty might have vouchsafed to them for their Reduction and Preservation for from this time when any thing was proposed of Extravagancy or overmuch Rigor which the Proposers said was necessary for the Carrying on of that War or if the King made any Scruple or Pause in giving his Consent to the same they straight declared That they were obstructed in sending Relief to the Poor Protestants in Ireland and then they published some particular Relations of the lamentable and inhumane Massacre made there by the Irish which were confirmed by Multitudes of miserable undone People who landed from thence in the several Parts of England who likewise reported the Rebels Discourse of executing all their Villainies by the King's Direction so that indeed it was not in his Power to deny any thing which they thought fit to say was necessary to the good Work in Hand Thus he was compelled to put all the Strong-Holds Towns and Castles in the Province of Vlster into the Possession of the Scots who were at that time by the greatest Managers believed to be more worthy to be trusted then the English with unusual Circumstances of Power and even an independency upon the Lord Lieutenant of Ireland and when his Majesty did but desire them to re-consider their own Proposition and reflect how much it might Trench upon the English Interest they suriously Voted That whosoever Advised his Majesty to that delay was an Enemy to the Kingdom and a Promoter of the Rebellion in Ireland thus his Majesty was necessitated to Consent to that Bill by which so great a Latitude was given to the disposal of Lands in the several Provinces of that Kingdom to those who adventured Mony in the War as that without the Interposition Shelter and Mercy of the Soveraign Power almost that whole People and their Fortunes were given up to the Disposal of their most Cruel and Mortal Enemies And lastly by this groundless and accursed Calumny thus raised upon the King full Power was devolved into their Hands who too much imitated the Fury and Inhumanity of the Irish in carrying on the War and proceeded with that Rigor and Cruelty in the shedding of Blood as was most detested by his Majesties Gracious and Mercisul Disposition Thus far this Excellent Author whose Words thô not Exactly accommodated to the Period of Time I have thought fit to insert here because they give the Reader a Landscape or short Map of all the Tragical Actions which filled the Scene of Ireland with Blood and Desolation and will be of excellent Use to the understanding of many future Passages in the Historical Account both of that and our own Miserable and Bleeding Nation Having given this Account of the beginning of the horrid Rebellion in Ireland Tuesday Novem. 2. the Reader must expect the continuation of it to be interwoven with the other great Affairs which were the misfortune of the present and will be the Wonder
ever hitherto done to advance their own wicked Intendments and rather then fail of them to raise a more desperate Rebellion in England instead of applying themselves vigorously as they were in Duty Honor and Conscience bound to assist his Majesty to suppress the other in Ireland and let their Pretences be never so glorious for the Preservation of the Reformed Religion and Interest yet it is evident that even from the very first Eruption of this Rebellion they had a Design to make their own Terms with the King and to oblige him under the Pretence of abandoning Evil Counsellors to devolve the intire Trust of the whole Nation and consequently his Crown and Dignity into their Hands and to leave him only the vain shaddow of Sovereignty and Majesty and unless he would Consent to this they must as they say be obliged to take other Measures for the fecuring themselves from such mischievous Councils and Designs as have lately been in Practice and Agitation against them and a little time discovered what ways those were for in Reality this was no new Design the crucifying Remonstrance of the State of the Kingdom had been long hewing and these were but some Chips of that Block only they were wanting a fit Occasion and this offering it self they were resolved to lay fast hold upon it But in regard though they had sorely shaken and disabled the third Estate of the Lords Spiritual in Parliament by the repeated Batteries of Impeachments and Bills to take away their Voices yet there was a great Number of the Lords Temporal whose unstained Loyalty and Fidelity to the Crown and Royal Interest might prove dangerously Obstructive to their wicked Intentions they were resolved to attempt to deceive as many of them as they could by their popular Rhetorick upon this Topique of the danger of evil Counsels and Counsellors and if any proved refractory or had Constitutions too strongly amuletted with Loyalty against this insinuating Poison they had other more severe Methods of purging the Body Politick and Representative to be made use of upon Occasion as we shall see hereafter Upon this Subject of evil Councils and Counsellors Mr. Pym the great Oracle of the Faction took Occasion at this last Conference to display his Talent in these Terms HE said he was to speak touching the ill Councils Mr. Pym's Speech at the Conference concerning ill Councils November 10. which he laid down in these several Steps 1 First That the Dangers which come to the State by ill Councils are the most pernitious of all others and since it is usual to compare Politick Bodies with the Natural the Natural Body is in danger divers Wayes either by outward Violence and that may be foreseen and prevented or else by less appearing Maladies which grow upon the Body by Distempers of the Air immoderate Exercise Diet c. and when the Causes of the Disease are clear the Remedy is easily applied but Diseases which proceed from the inward Parts as the Liver the Heart or the Brains the more noble Parts it is a hard thing to apply Cure to such Diseases Ill Councels they are of that Nature for the Mischiefs that come by evil Councel corrupt the Vital Parts and overthrow the Publick Government 2 * If this had been applied to himself and his Faction he never spoke more truth in his whole life The second Step is That there have been lately and still are ill Councils in this Kingdom and about the King 1 That there hath been lately you will not doubt when the main Course of the Government hath been so imployed as Popery thereby hath been maintained the Laws subverted and no distinguishing between Justice and Injustice and that there is still reason to doubt is apparent by the Courses taken to advance mischievous Designs but that his Majesties Wisdom and Goodness kept them from the Heart though they were not kept out of the Court so most Principal and mischievous Designs have been practised by such as had near Access unto his Majesty though not to his Heart and the Apologists and Promoters of ill Counsels are still preferred 3 The third Step is That the ill Counsels of this Time are in their own Nature more mischievous and more dangerous then the ill Counsels of former Times former Counsels have been to please Kings in their Vices * A remarkable Testimony from an Enemy of the King's Innocence from which our King is free and sometimes for racking of the Prerogative if it had gone no further it had brought many Miseries but not Ruine and Destruction but the ill Counsels of this Time are destructive to Religion and Laws by altering them both therefore more Mischievous in their own Nature then those of former Times 4 The fourth Step is That these ill Counsels have proceeded from a Spirit and Inclination to Popery and have had a Dependance on Popery and all of them tend to it the Religion of the Papists is a Religion incompatible with any other Religion destructive to all others and doth not indure any thing that opposeth it whosoever doth withstand their Religion if they have Power they bring them to Ruin There are other Religions that are not right but not so destructive as Popery is for the Principles of Popery are destructive to all States and Persons that oppose it with the Progress of this mischievous Councel they provide Counsellors fit Instruments and Organs that may execute their own Designs and to turn all Councils to their own Ends and you find that now in Ireland that those Designs that have been upon all the Three Kingdoms do end in a War for the maintenance of Popery in Ireland and would do the like here if they were able they are so intentive to turn all to their own Advantage 5 The fifth Step That unless these ill Councils be changed as long as they continue it is impossible that any Assistance Aid or Advice that the Parliament can take to reform will be effectual for the Publick Orders and Laws are but dead if not put in Execution those that are the Instruments of State they put things into Action but if acted by Evil Men and while these Counsels are on foot we can expect no good it is like a Disease that turns Nutritives into Poyson 6 The sixth Step is That this is the most proper time to desire of his Majesty the Alteration and Change of the evil Counsellors because the Common-Wealth is brought into Distemper by them and so exhausted that we can indure no longer Another Reason why we cannot admit of them is to shew our Love and Fidelity to the King in great and extraordinary Contributions and Aids when God doth imploy his Servants he doth give some Promise to rouse up their Spirits and we have reason now to expect the King's Grace in great abundance this is the time wherein the Subject is to save the Kingdom of Ireland with the hazard of their Lives and Fortunes And
have been taken by them and do still remain in miserable slavery The enlargement of Forrests contrary to Charta de Foresta and the composition thereupon The exactions of Coat and Conduct Money and divers other Military Charges The taking away the Arms of the Trained-Bands of divers Counties The desperate Design of engrossing all the Gun-Powder into one hand keeping it in the Tower of London and setting so high a Rate upon it that the Poorer sort were not able to buy it nor could any have it without Licence thereby to leave the several parts of the Kingdom destitute of their necessary defence and by selling so dear that which was sold to make an unlawful advantage of it to the great Charge and detriment of the Subject the general destruction of the Kings Timber especially that in the Forrest of Dean sold to Papists which was the best Store-house of this Kingdom for the maintenance of our Shipping the taking away of mens right under colour of the Kings Title to Land between high and low Water-Marks The Monopolies of Soap Salt Wine Leather Sea-Cole and in a manner of all things of most common and necessary use The restraint of the Liberties of the Subjects in their habitation Trades and other Interest Their vexation and oppression by Purveyors Clerks of the Market and Salt-Peter-men The sale of pretended Nusances as Buildings in and about London conversion of Arable into Pasture continuance of Pasture under the name of depopulation have drawn many Millions out of the Subjects Purses without any considerable profit to his Majesty Large quantities of Common and several Grounds have been taken from the Subject by colour of the Statute of Improvement and by abuse of the Commission of Sewers without their consent and against it And not only private Interest but also publick faith hath been broken in seizing of the Money and Bullion in the Mint and the whole Kingdom like to be robb'd at once in that abominable project of Brass-Money Great numbers of his Majesties Subjects for refusing those unlawful charges have been vext with long and expensive Suits some fined and censured others committed to long and hard imprisonments and confinements to the loss of health of many of life in some and others have had their houses broken up their goods Seized some have been restrained from their lawful Callings Ships have been interrupted in their Voyages surprized at Sea in an Hostile manner by Projectors as by a common Enemy Merchants prohibited to unlade their Goods in such Ports as were for their own advantage and forced to bring them to those places which were most for the advantages of the Monopolizers and Projectors The Court of Star-Chamber hath abounded in extravagant censures not only for the maintenance and improvement of Monopolies and other unlawful Taxes but for divers other Causes where there hath been no offence or very small whereby his Majesties Subjects have been oppressed by grievous Fines Imprisonments Stigmatizings Mutilations Whippings Pillories Gags Confinements Banishments after so rigid a manner as hath not only deprived Men of the Society of their friends exercise of their professions comfort of Books use of Paper or Ink but even violated that near Union which God hath Establisht betwixt Men and their Wives by forced and constrained separation whereby they have been bereaved of the comfort and conversation one of another for many years together without hope of relief if God had not by his over-ruling Providence given some interruption to the prevailing Power and Council of those who were the Authors and Promoters of such peremptory and heady courses Judges have been put out of their places for refusing to do against their Oaths and Consciences others have been so awed that they durst not do their duties and the better to hold a Rod over them the Clause quam diu se bene gesserit was left out of their Patents and a new Clause Durante bene placito inserted Lawyers have been checkt for being faithful to their Clients Solicitors and Attorneys have been threatned and some punished for following lawful Suits And by this means all the approaches to Justice were interrupted and forecluded New Oaths have been forced upon the Subject against Law new Judicatories Erected without Law The Council-Table have by their Orders offered to bind the Subjects in their Free-holds Estates Suits and Actions The pretended Court of the Earl-Marshal was Arbitrary and Illegal in its being and Proceedings The Chancery Exchequer-Chamber Court of Wards and other English Courts have been grievous exceeding in their Jurisdiction The Estate of many Families weakned and some ruined by excessive Fines exacted from them for compositions of Wardships All Leases of above a hundred years made to draw on Wardship contrary to Law Undue proceedings used in the finding of Offices to make the Jury find for the King the Common-Law Courts seeing all men more enclined to seek Justice there where it may be fitted to their own desire are known frequently to forsake the Rules of the Common-Law and straining beyond their bounds under pretence of equity to do Injustice Titles of Honour Judicial places Serjeantships at Law and other Offices have been sold for great Sums of Money whereby the common Justice of the Kingdom hath been much endangered not only by opening a way of employment in places of great trust and advantage to Men of weak parts but also by giving occasion to Bribery Extortion Partiality It seldom hapning that places ill-gotten are well used Commissions have been granted for Examining the excess of Fees and when great exactions have been discovered Compositions have been made with Delinquents not only for the time past but likewise for immunity and security in offending for the time to come which under colour of remedy hath but confirmed and encreased the Grievance to the Subject The usual course of pricking Sheriffs not observed but many times Sheriffs made in an extraordinary way some times as a punishment and charge unto them sometimes such were pricked out as would be Instruments to execute whatsoever they would have to be done The Bishops and the rest of the Clergy did triumph in the suspensions Excommunications Deprivations and Degradations of divers Painful Learned and Pious Ministers in the vexation and grievous oppression of great numbers of his Majesties good Subjects The High Commission grew to such excess of sharpness and severity as was not much less then the Romish Inquisition and yet in many Cases by the Archbishops power was made much more heavy being assisted and strengthned by Authority of the Council-Table The Bishops and their Courts were as eager in the Country and although their Jurisdiction could not reach so high in rigour and extremity of punishment yet were they no less grievous in respect of the generality and multiplicity of vexations which lightning upon the meaner sort of Trades-men and Artificers did impoverish many thousands and so afflict and trouble others that great numbers to avoid their miseries departed
the Leather must needs exceed both and Salt could be no less then that besides the inferior Monopolies which if they could be exactly computed would make up a great Sum. That which is more beneficial then all this is that the root of these evils is taken away which was the Arbitrary Power pretended to be in his Majesty of Taxing the Subject or charging their Estates without consent in Parliament which is now declared to be against Law by the judgment of both Houses and likewise by an Act of Parliament Another step of great advantage is this the living Grievances the evil Counsellors and Actors of these Mischiefs have been so quelled by the Justice done upon the Earl of Strafford the flight of the Lord Finch and Secretary Windibank The Accusation and Imprisonment of the Archbishop of Canterbury of Judge Bartlet and the Impeachment of divers other Bishops and Judges that it is like not only to be an ease to the present times but a preservation to the future The discontinuance of Parliaments is prevented by the Bill for a Triennial Parliament and the abrupt dissolution of this Parliament by another Bill by which it is provided it shall not be dissolved or adjourned without the consent of both Houses Which two Laws well considered may be thought more advantageous then all the former because they secure a full Operation of the present Remedy and afford a perpetual Spring of Remedies for the future The Star-Chamber the High Commission the Courts of the President and Council in the North where so many Forges of misery oppression and violence and are all taken away whereby men are more secured in their Persons Liberties and Estates then they could be by any Law or Example for the regulation of those Courts or terrour of the Judges the immoderate Power of the Council-Table and the excessive abuse of that Power is so ordered and restrained that we may well hope that no such things as were frequently done by them to the prejudice of the publick Liberty will appear in future times but only in stories to give us and our Posterity more occasion to praise God for his Majesties goodness and the faithful endeavours of this Parliament The Canons and the power of Canon making are blasted by the Vote of both Houses The exorbitant power of Bishops and their Courts are much abated by some Provisions in the Bill against the High Commission Court The Authors of the many Innovations in Doctrine and Ceremonies the Ministers that have been scandalous in their lives have been so terrified in just Complaints and Accusations that we may well hope they will be more modest for the time to come either inwardly convicted by the sight of their own folly or outwardly restrained by the fear of punishment The Forrests are by a good Law reduced to their right bounds the encroachments and oppressions of the Stannery Courts the extorsions of the Clerk of the Market and the compulsion of the Subject to receive the Order of Knighthood against his will paying of Fines for not receiving it and the vexatious proceedings thereupon for Levying of those Fines are by other beneficial Laws reformed and prevented Many excellent Laws and Provisions are in preparation for removing the inordinate power vexation and usurpation of Bishops for reforming the Pride and Idleness of many of the Clergy for easing the People of unnecessary Ceremonies in Religion for censuring and removing unworthy and unprofitable Ministers and for maintaining Godly and diligent Preachers through the Kingdom Other things of main importance for the good of this Kingdom are in proposition though little could hitherto be done in regard of the many other more pressing businesses which yet before the end of this Session we hope may receive some progress and perfection The Establishing and ordering the Kings Revenue that so the abuse of Officers and superfluity of expences may be cut off and the necessary disbursments for his Majesties Honour the Defence and Government of the Kingdom may be more certainly provided for The regulating of Courts of Justice and abridging both the delays and charges of Law Suits the setling of some good courses for preventing the exportation of Gold and Silver and the inequality of exchanges betwixt us and other Nations for the advancing of Native Commodities increase of our Manufactures and well ballancing of Trade whereby the Stock of the Kingdom may be increased or at least kept from impairing as through neglect hereof it hath done for many years last past For improving the Herring fishing upon our own Coasts which will be of mighty use in the imployment of the Poor and a plentiful Nursery of Marriners for enabling the Kingdom in any great Action The oppositions obstructions and other Difficulties wherewith we have been encountred and which still lye in our way with some strength and much obstinacy are these the malignant Party whom we have formerly described to be the Actors and Promoters of all our Misery they have taken heart again they have been able to prefer some of their own Factors and Agents to degrees of Honour to places of Trust and Employment even during the Parliament They have endeavoured to work in his Majesty ill Impressions and Opinions of our Proceedings as if we had altogether done our own work and not his and had obtained from him many things very prejudicial to the Crown both in respect of Prerogative and Profit To wipe out this slander we think good only to say thus much That all that we have done is for his Majesty his Greatness Honour and Support when we yielded to give twenty five thousand pounds a Month for the relief of the Northern Countries this was given to the King for he was bound to protect his Subjects they were his Majesties evil Counsellors and their ill instruments that were Actors in those Grievances which brought in the Scots and if his Majesty please to force those who were the Authors of this War to make satisfaction as he might justly and easily do it seems very reasonable that the people might well be excused from taking upon them this burthen being altogether innocent and free from being any causes of it When we undertook the Charge of the Army which cost above 50000 l. a Month was not this given to the King was it not his Majesty's Army were not all the Commanders under Contract with his Majesty at higher rates and greater wages then ordinary and have we not taken upon us to discharge all the Brotherly assistance of three hundred thousand pounds which we gave the Scots was it not toward repair of those damages and losses which they received from the Kings Ships and from his Ministers These three particulars amount to above 1100 thousand pounds besides his Majesty hath received by impositions upon Merchandise at least 400 thousand pounds so that his Majesty hath had out of the Subjects Purse since the Parliament began one Million and an half and yet these Men can be
and Submitted himself humbly to the Wisdom of the House The Bishop of Peterborough answered That he did set his hand to the Petition but he never had any such ill intent as is Expressed in the Charge but what is done is through Ignorance and he Submitted himself to their Lordships Pleasure The Bishop of Landaff being not now to be met with was ordered to be brought to Morrrw Then it was Ordered That the Bishop of Durham The Bishops Committed Durham and Coventry to the Black Rod the rest to the Tower and the Bishop of Coventry and Litchfield shall forthwith be Committed to the safe Custody of the Gentleman Vsher attending this House and the rest of the Bishops now accused of Treason shall be forthwith Committed to the Tower of London there to remain until the furthâ—â—â—â—sure of this House be known It was also Ordered That the said Bishops so accused shall put in their Answer into this House to Morrow Sennight The Earl of Holland reported That the Lords had acquainted the King with the desires of both Houses that his Majesty would be pleased to give Warrants to the Earl of Newport for sending Powder for the service of Ireland and his Majesty is willing thereunto and will give Warrants when he knows the particulars but his Majesty desires the Parliament will take care that Powder be made to Supply his Stores again The Bishop of Winton sitting this day in the Lords House it was Moved That the Petition and Protestation Exhibited this day being in the Name of all the Bishops that he might be put to Answer Whether he consents or disassents and disclaims the said Petition and Protestation before he be suffered to sit and Vote in this House Whereupon the said Bishop answered Bishop of Winton Disclaims the Protestation of the Bishops That he never knew of any such matter Hereupon the House gave him leave to read over the said Petition and give his Answer therein which was That he never read the Petition before and he doth now utterly disclaim it And with this Answer the House was satisfied In the House of Commons besides the matters before related 30000 l. Borrowed of Merchant Adventurers for Ireland Sir Hen. Mildmay Reports That this being the day that the Merchant Adventurers should have given in their Answers concerning the loan of Moneys that they have freely condescended to lend 30000 l. upon the Security of an Ordinance of Parliament till an Act of Parliament can pass Whereupon Sir Hen. Mildmay and Sir Thom. Barrington were appointed to prepare an Ordinance of Parliament for their Security and present it to the House It was Ordered That this 30000 l. now borrowed of the Merchant Adventurers shall be kept together Entire and not disposed of till the Scotch Propositions be agreed upon either for their Rejection or Entertainment Then the Propositions from the Scotch Commissioners were read and then particularly handled one by one and it was Resolved c. That this House is of Opinion The Scotch Propositions Voted that some Maritine Towns in the North of Ireland shall be put into the hands of the Scotch to be Places for their Retreat Magazines and Garrisons Resolved c. That this House is of Opinion that the Towns to be put into the hands of the Scotch as aforesaid be the Town and Castle of Carrick-Fergus and Colragne Ordered That the Commissioners appointed to treat with the Scotch Commissioners shall treat with them that those English Forces that shall be Employed in Ulster may repair to those Towns upon occasion Resolved c. That this House is of Opinion that those Towns shall remain in the Scotch hands until the War shall end or that they shall be discharged of that Service Then the Votes of the Lords before Ordered to be Communicated to the Commons were read and the Commons resolving to push forward the Bill against the Bishops upon this occasion took it very patiently at this time that they refused to joyn with them to Petition the King for a Guard only it was Resolved c. That Sir Robert Pye Mr. Glyn and Mr. Wheeler Justices of the Peace for the City of Westminster shall take care 〈…〉 Watches sufficiently Armed shall be set in such convenient Places 〈…〉 be necessary for the safeguard of the House It was also Ordered That Mr. Wheeler do take Care for the providing of 20. Halberts for the Service of this House This day the Bishop of Landaff was brought to the Bar in the same manner the rest of the Bishops had been before Friday Decemb. 31. and after he had heard his Accusation of High Treason he said That on Wednesday last one came to him with the Petition about Four of the Cleck in the Afternoon and he only read the beginning of it and found fault with the Word Whatsoever but he blamed his own Indiscretion that he did not read it all and there being eight hands Subscribed before him and such as were his Ancients who he thought had understood themselves better then to commit an Offence of so High a Nature he confessed he set his hand thereunto likewise but he said he would plead nothing but Ignorance and Indiscretion that he read not the Petition over and professed that he had no Intention to overthrow the Fundamental Laws of this Realm nor to commit any of the other Offences he is Accused of Therefore desired he might not feel the Weight of their Lordships Justice but Mercy and desired that he might be Bailed upon good Security The House taking this into Consideration Bishop of Landaff sent to the Tower Ordered That the Bishop of Landaff shall be forthwith committed to the Tower of London there to remain until the pleasure of this House be further known The House then took the Propositions of the Commons concerning the Province of Munster into Consideration which being read and debated were agreed to in every particular and the Duke of Richmond Lo. Chamberlain E. Bristol and E. of Newport were ordered presently to attend the King and move him from both Houses concerning the 1.3.7 and 1th Articles of the aforesaid Propositions The Commons thinking it now to be the most seasonable Opportunity to strike while the Iron was hot did one of the first things they did this Day A Message from the Commons to revive the Bill against Bishops Votes in the House of Lords Vote to send up a Message to the Lords to remind them of the Bill against the Bishops Votes and accordingly Mr. Peard brought up a Message from the Commons to let their Lordships know That whereas divers Months ago the House of Commons sent up a Bill for the taking away the Votes of the Bishops out of this House the House of Commons conceive That in regard of the many other businesses their Lordships have not yet taken it into Consideration They desire their Lordships to take the same into Consideration with Expedition because they
Holiness and love of Sin Will work their destruction which now doth begin Their Curbing the Gospel will kill their own growth Go Toll the Bell for them and eke for their Broth. Nor were they who pretended to be Poets on the other side idle but pelted them with Rolands much like the others Olivers I will give the Reader but Two or Three Stanza's of a Litany month January 1641. lest I surfeit him of this sort of Mechanick Wit which yet wanted not Truth From all dissembling Sep'ratists and those That snuffle their unlearned Zeal in Prose As if the way to Heaven was through the Nose Libera nos c. From those that dare work ill in every Season And are so far from Sanctity or Reason They dare believe there 's Piety in Treason Libera nos c. From them which nothing but false Rumors Rear And likewise those which lend such Men an Ear Who publish for a Truth all which they hear Libera nos c. From those indiff'rent Men that know no Guide Who are from their Allegiance so wide That come what will they 'l take the strongest side Libera nos c. But the number of the Malicious and Seditious Pamphlets did far exceed those that had any thing honest in them And how trivial soever such things may appear yet it is incredible what mischief they do and what Impressions they make upon the credulous Vulgar and it may be a piece of Policy not misbecoming the wisest States-men to obviate such Arts as seeming little yet are of such universal dangerous influence upon the lower Ranks of People whose hands act those mischiefs which the more cunning heads of the Faction contrive and I know not any one thing that more hurt the late King then the Paper Bullets of the Press it was the Scandalous and Calumniating Ink of the Faction that from thence blackned him and represented all his Words and Actions to the misguided People who would difficultly have been perswaded to such a horrid Rebellion if they had not been first prepossessed by the Tongues and the Pens of the Faction of strange and monstrous Designs which they said the King and his evil Councellors the Bishops and Malignants who were all by these Pamphlets stiled Papists and Atheists had against their Lives Liberties and Religion But I crave the Reader 's pardon for this seeming digression and now let us pursue our Voyage through this Tempestuous New Year The King that the whole World might see how sollicitous he was in every thing for the deplorable State of Ireland which the Faction were so far from relieving in good earnest that they were angry at the beating up of Drums for Volunteers for that Service issued out his Royal Proclamation for the suppressing of those Rebels as follows By the KING A Proclamation for the suppressing the Rebellion in Ireland Jan. 1. 1641. WHereas divers lewd and wicked Persons have of late risen in Rebellion in Our Kingdom of Ireland surprized divers of Our Forts and Castles possessed themselves thereof surprized some of Our Garrisons possessed themselves of some of Our Magazins and Munition dispossessed many of Our Good and Loyal Subjects of the British Nation and Protestants of their Houses and Lands robbed and spoiled many thousands of Out good Subjects of the British Nation and Protestants of their Goods to great Values Massacred Multitudes of them imprisoned many others and some who have the Honor to serve Vs as privy Counsellors of that Our Kingdom We therefore having taken the same into Our Royal consideration and abhorring the wicked Disloyaity and horrible Acts committed by those Persons do hereby not only declare Out just Indignation thereof but also do declare them and their Adherents and Abettors and all those who shall hereafter joyn with them or commit the like Acts on any of Our good Subjects in that Kingdom to be Rebels and Traitors against Out Royal Person and Enemies to Our Royal Trown of England and Ireland And We do hereby strictly Charge and Command all those Persons who have so presumed to rise in Arms against Vs and Our Royal Authority which We cannot otherwise interpret then Acts of High Rebellion and detestable Disloyalty when therein they spoil and destroy Out good and loyal Subjects of the British Nation and Protestants that they do immediately lay down their Arms and forbear all further Acts of Hostility wherein if they fail We do let them know That We have Authorized Our Iustices of Ireland and other Our Chief Governor or Governors and General or Lieutenant General of Our Army there and do hereby accordingly require and authorize them and every of them to prosecute the said Rebels and Traitors with Fire and Sword as Persons who by their high Dissoyalty against Vs their Lawful and undoubted King and Sovereign have made themfewes unworthy of any Mercy or Favour wherein Our said Iustices or other Chief Governor or Governors and General or Lieutenant General of Our said Army shall be countenanc'd and supported by Vs and by Our powerful Succors of Our good Subjects of England and Scotland that so they may reduce to Obedience those wicked Disturbers of that Peace which by the blessing of God that Kingdom hath so long and so happily injoyed under the Government of Our Royal Father and Vs and this Our Royal Pleasure We do hereby require Our Iustices or other Chief Governor or Governors of that Our Kingdom of Ireland to cause to be publish't and Proclaimed in and throughout Our said Kingdom of Ireland Given under Our Signet at Our Palace at Westminster the first day of January in the Seventeenth Year of Our Reign 1641. God save the King The King at his last being in Scotland Munday January 3. had gained Informations there of the secret Intrigues of the Faction and their Contrivances to promote the Scottish Invasion and Rebellion and that they were Meditaâ—ing the same Course in England And therefore this day the Lord Keeper Signified to the House of Lords That he was commanded by the King to let their Lordships know that his Majesty hath given Mr. Attorney General Command to Acquaint their Lordships with some Particulars from him Hereupon Mr. Attorney standing at the Clerks Table said That the King had Commanded him to tell their Lordships that divers Great and Treasonable Designs and Practices against him and the State have come to his Majesties knowledge for which the King hath given him Command in his Name to Accuse And did Accuse six Persons of High Treason and other High Misdemeanors by delivery of the Articles in Writing which he had in his hand which he received from his Majesty and was Commanded to desire your Lordships to have it read In which Articles the Persons Names and the Heads of the Treason were contained Which Articles were Commanded to be read and were in these words Articles of High Treason and other High Misdemeanors against the Lord Kymbolton Mr. Denzil Hollis Sir Arthur Hasterigg
House to demand as it were Vi armis such Members accused is a breach of Priviledges of Parliament Lastly to procure to be set forth or to set forth under his Majesties name any Proclamation or Declaration prohibiting the repair of such persons accused to the Parliament as Members thereof and to apprehend them in what place soever they shall be found without the advice and consent of the whole State assembled and sitting in free Parliament is a manifest Breach of the Priviledges thereof And this Mr. Speaker is all that I have to say concerning this days businesses humbly leaving the same to the consideration of this Honourable Assembly Nothing now was to be seen but Noise and Tumult in the City of London nor to be heard but Breaches of Priviledge and the Plots and Designs against the Parliament Insomuch that the King seeing it was absolutely impossible to have any Justice done him against these Accused Persons who were so surely intrenched in the Popular favour that they were out of the reach of the Law and finding also that he was in perpetual danger of having his Person as well as Authority Exposed to the daring affronts of the furious and incensed Rabble who ran up and down in Multitudes as if they had lost their Wits as well as Loyalty And therefore hoping that time having allayed their first fury they might be brought to Reason and Temper by his withdrawing himself and declining the further prosecution of these Favourites of the Faction his Majesty with the whole Court left White-Hall and retired first to Hampton-Court and then to Windsor But it was so far from working those Effects that these low and degenerate Spirits who are always given to insult where they find a yielding to their fury attributing the King's departure to his fear and not to his discretion they Triumphed as if they had already gained a Victory And the declining of his further Prosecution of the Accusation was urged as an invincible Argument of the Innocency of the Persons accused and the defect of sufficient Testimony to make good the Charge when as in reality though the King had as doubtless he had and the World might have seen it if all his most secret Papers had not with his Cabinet fallen at Naseby into those hands who knew how to stifle whatever might discover their Designs I say though the King had never so clear Evidence to make out his Charge against them yet at that time to have produced them must have been only to have offered so many innocent Sacrifices as he had Witnesses to the fury of Popular Rage and Madness and it is easie to conceive from the treatment of the Attorney General and the other Officers who acted by the King 's immediate Warrant what justice his Majesty was to expect from the Parliament who were to be Judges of the Guilt or Innocence of those Men to whose Designs and the Crimes of which they were accused the leading Men of the. Faction in both Houses were themselves Parties And now in this Interval of the Adjournment of the Parliament the Faction having notably bestirred themselves both in the City and Country the accused Members were with an infinite Multitude of the Rabble in and about the City and Suburbs together with a strong Guard of Citizens who carried the Protestation tied to the tops of their Pikes and several Troops of Volunteers who instead of Feathers wore the Protestation in their Hatts conducted by Land and by Water with a thousand wild Acclamations and reseated in the Houses of Parliament at Westminster And that Posterity may see how and by what Arts the Vulgar were managed I will here insert one Sheet Title and all of those Pamphlets which were balled about the Streets and posted down into the Country as a true Account of this Affair It runs thus A true Relation of the unparalell'd Breach of Parliament by His Majesty on Tuesday the 4th of January 1641 being instigated thereunto by unadvised Councels under pretence of a Legal proceeding Together with a Relation of the Hostile Intention upon the House of Commons by Capain Hyde and those other Caviliers and Soldiers that accompanied his Majesty in a Warlike manner armed with Swords Pistols and Dragoons And also a Relation of the free and voluntary Offers of the Trained Bands of the City of London of the Masters of Ships Marriners and Seamen of the Apprentices of London of the Trained Bands of Southwark and of the Water-Men upon the Thames to defend the King and Parliament against Malignant Councels and Plots of Papists Likewise how certain Multitudes of Country-Men came to present their humble Petitions to the Parliament ON Munday the third of this instant Month of January A lewd Pamphlet of the King 's going to the House of Commons c. Jan. 4. 1641. his Majesty by Warrant under his own hand authorized Serjeant Frances Serjeant at Arms to come to the House of Commons and there to demand Mr. Denzil Hollis Sir Arthur Haslerigg Mr. Pym Mr. Hampden and Mr. Strowd whom in his Majesties Name he accused of High Treason The House of Commons returned this Answer That not only those five Gentlemen but also every one of them would lay down their Lives and Fortunes at his Majestie 's Feet so he would be but pleased to accuse them in a legal way and make known the Cause of their Accusation The next Day being Tuesday his Majesty unexpectedly came to the House of Commons attended with a multitude of Persons Armed as aforesaid and there in the Speaker's Chair demanded these five Persons saying He expected yesterday Obedience and not an Answer When his Majesty a long time together had cast his Eyes round about the House and could not discern any of these Five Members there he was pleased to command Mr. Speaker to tell him if they were there the Speaker falling upon his Knees humbly beseeching his Majesty to excuse him for he was Servant to the House of Commons and could neither see nor speak without their leave His Majesty discerning they were not in the House graciously departed but the bloody-minded Souldiers some of whom stood near the Door of the House of Commons with their Pistols ready cock't and their Swords erected in their hands expecting when the Word should have been given with fearful Oaths expressed themselves That they lost that they came for the persons were not there They mist the opportunity of cutting their Throats and the Throats of all those Parliament-Men of the House of Commons that would not have suffered these Five Persons to have been taken out of the House his Majesties own Servants carrying themselves Civilly and indeed ignorant of the Trayterous Design As soon as these Damme Blades about the number of 400 were gone the House of Commons full of grief of Heart to see the Priviledges of Parliament thus broken adjourned in great discontent till Wednesday the 5th of January at Two of the Clock at
Published in all Market Towns in the Kingdom A Message was then brought up from the Commons Messa geconcerning the Prince and the Marquiss of Hertford by Sir Gilbert Gerrard to desire their Lordships To joyn with the House of Commons to injoyn the Marquiss of Hertford appointed by his Majesty to be Governor to the Prince as he will answer the Breach of that Trust that doth so immediately concern the present and future Peace and Safety of the three Kingdoms forthwith to repair to the Prince and according to the Duty of his Place to take care of him and to give his Personal Attendance on his Highness and to be very watchful to prevent that he be not carried out of the Kingdom And the House of Commons do further declare and desires the Lords will do the like That whatsoever Person shall be advising or assistant to the conveying of the Prince out of the Kingdom or attend his Highness in his Journey shall be declared and reputed a Publick Enemy to the Protestant Religion and the Peace and Safety of the three Kingdoms And that the Lords be likewise moved to joyn with the House of Commons in an humble Desire to his Majesty That he will not for any Cause whatsoever permit the Prince to be carried out of the Kingdom without the humble Advice and Consent of Parliament Thereupon It was Ordered That this House agrees with the House of Commons in all the aforesaid Particulars and will joyn with them in the whole as is desired And this Vote was drawn into an Order and the Marquiss of Hertford ordered to acquaint the King with it The Lord Marquiss of Hertford being in the House gave their Lordships this Account That when the King went to Hampton-Court he demanded the Prince of him and took him away with him in his Coach in the Afternoon and his Majesty commanded his Lordship to stay here his Lordship therefore desired this House would require no more of him then he is able to perform and as far as in him lay he would obey their Lordships Command to attend the Prince and if there be cause of Fear as the Parliament Apprehends he will give Advice thereof to the Parliament Then the Earl of Bath Reported Dutch Ambassador desired to order the States Ships to stay Ships at Dunkirk going for Ireland That he had been with the States Ambassador to desire him That he would give present Order to the States Ships that lie before Dunkirk and other Ports of Flanders for the staying of all Ships as are laden with Arms Ammunition or Provisions and bound for the Relief and Assistance of the Rebels of Ireland The Ambassador saith he had alrerdy received Intimation from the Committee of the House of Commons to this purpose and accordingly hath sent Order to their General Van Trompe but he desires he may have the desires of the Parliament in Writing that upon all Occasions he may know the better what to do therein A Message was brought up from the House of Commons to desire that their Lordships would proceed upon the Bill depending before them for taking away the Votes of the Bishops out of their House and dis-inabling all persons in Holy Orders for Exercising any Temporal Jurisdiction or Authority To which the answer was returned That the House will proceed therein with Convenient Expedition Declaration for putting the Kingdom into a posture of Defence rejected by the Lords After this the Declaration brought up Yesterday from the House of Commons concerning the putting of the Kingdom into a Posture of Defence was taken into Consideration and the House was adjourned into a Committee during Pleasure to debate the Preamble of it and after much Debate the House was resumed and the Question was put Whether that the Narrative in this Declaration shall be referred to a Committee to be so penned as that it may appear to be the Narrative onely of the House of Commons and thereupon to be so published But it was Resolved by the Major part Negatively Whereupon their Lordships resolved to have a Conference to morrow with the House of Commons to hear the Reasons that induced them to make this Narrative in this Declaration Then the Lord Keeper signified to the House That he had now received a Letter from the King with a Message which his Majesty hath commanded him to deliver presently to both Houses of Parliament The King's Letter was then read in these Words My Lord Keeper The King's Letter to the L. Keeper with a Message to both Houses Jan. 14. 1641. THis is to Command you to deliver that which is contained within this inclosed Paper as a Message from Me to both Houses and that instantly without delay And so I rest Windsor Jan. 14. 1641. Your Assured Friend Charles R. The Message was as followeth HIs Majesty being no less tender of the Privileges of Parliament and thinking himself no less concerned that they be not broken and that they be asserted and vindicated whensoever they are so then the Parliament it self hath thought fit to add to his last Message this Profession That in all his Proceedings against the Lord Kymbolton Mr. Hollis Sir Arthur Haslerigg Mr. Pym Mr. Hampden and Mr. Strode he had never the least Intention of Violating the least Privilege of Parliament and in case any doubt of Privileges remain will be willing to clear that and assert those by any reasonable Way that His Parliament shall advise him to Vpon Confidence of which He no way doubts His Parliament will forthwith lay by all Jealousies and apply themselves to the Publick and Pressing Affairs and especially to those of Ireland wherein the Good of this Kingdom and the true Religion which shall ever be his Majesties first Care are so highly and so nearly concerned And his Majesty assures himself that his Care of their Privileges will increase their tenderness of his lawful Prerogative which are so necessary to the mutual Defence of each other and both which will be the Foundation of a perpetual perfect Intelligence between his Majesty and Parliament and of the Happyness and Prosperity of His People Hereupon he sent Justice Foster and Justice Mallet to desire a Conference with them concerning this Message from the King Thus did this Admirable Prince by continual and repeated endeavors seek to bring the differences between him and the Parliament to a happy composure but without any Effect for the Heads of the Faction whom he had accused and many others who were of the Confederacy were too well acquainted with their own Guilt to trust to a Fair and Legal Trial and could not think themselves in any condition of Security so long as the King was undevested of his Royal Authority and in a capacity by being possessed of the Sword of Power to turn the Sword of Law and Justice against such high Criminals as had been the contrivers and fomenters of all the Troubles and Disorders in the two Kingdoms In the
Whether he doth know or have heard who did Frame Contrive or advise the same or any of them To this he answered That he would deal clearly freely and Ingeniously and that he should say the same which he had before delivered to the Lords and should need no long time to answer this for that he had done none of these three that is neither Framed Advised these Articles or any of them and would be contented to die if he hid Secondly Being demanded whether he knew the truth of these Articles or any of them of his own knowledge or had it by Information To this he Answered He did know nothing of his own knowledge of the truth of these Artitles or any part of them nor hath heard it by Information All that ever he hath heard concerning this was from his Master Thirdly Being asked whether he will make good these Articles when he shall be thereunto called in due course of Law To this he Answered He cannot do it nor will not do it otherwise then as his Master shall Command him and shall Enable him no more then he that never heard of them can do it Fourthly Being asked from whom he received these Articles and by whose direction and advice he did Exhibit them He answered He did Exhibit them by his Masters Command and from his hands he did receive them Fifthly Being asked whether he had any Testimony or Proof of the Articles before the Exhibiting of them He gave this Answer That he received the Command of his Majesty but whether he had any proof then offered or intimation of Testimony to make good those Articles he desired time to consider of it he was pressed again to make answer to this but desired time to consider of it saying there was a secret trust between a Master and Servant much more in this Case The great Design of this Examination was to have got out who were the Witnesses of this Accusation that so they might have fallen upon them and worried them to death and though nothing was more justifiable then this Plea of Secrecy to which Mr. Attorney was obliged by his Oath from which they could have no power to Absolve him Yet it did so Exasperate the Faction that it was Ordered That some way be thought of for Charging Mr. Attorney by this House as Criminous for Exhibiting those Articles in the Lords House against Members of this House without any Information or proof that appears and that this House and the Gentlemen Charged by him may have Reparation from him and that he may put in good Security to stand to the Judgement of Parliament And it was Resolved Votes against the Attorney General c. That this Act of Mr. Attorney 's in this Impeachment against Members of this House is Illegal and a High Crime Resolved c. That the Lords shall be desired That Mr. Attorney may put in good Security to stand to the Judgement of Parliament And Mr. Whitlock Serjeant Wild Mr. Hill Mr. Glyn Mr. Brown Mr. Rigby and Mr. Buller were appointed a Committee they or any three of them to withdraw presently and prepare a Charge against Mr. Attorney upon the Votes of the House And that Posterity may see how Zealous these People after all their pretensions were for the Relief of Ireland Collonel Hill and Lieutenant Bowles Delinquents for raising Volunteers for Ireland It was Resolved c. and Ordered That Collonel Hill and Robert Bowles his Lieutenant shall be forthwith sent for as Delinquents by the Serjeant at Arms attending on this House for beating up Drums and raising of Men contrary to the Ordinance of Parliament And that all Constables and other Officers be assisting to the Serjeant in the Execution of his Warrant And that Mr. Whistler Mr. Pury Mr. Smith and Mr. Hill shall search in such Offices as they shall think fit to see if any Commissions or other Warrants have been granted to any Person or Persons for Levying of Men. A Paper was delivered by Mr. Hambden from the Scotch Commissioners which was read in these words OUr Treaty concerning the Irish Affairs being so oft interrupted by the Emergent Distractions A Paper of the Scotch Commissioners offering their Mediation to the King c. gives us occasion to desire your Lordships and those Noble Gentlemen of the House of Commons for to present to the Honourable Houses of Parliament that we having taken to our Consideration the manifold Obligations of the Kingdom of Scotland to our Native and Gracious Soveraign his Person and Government confirmed and multiplyed by the great and Recent Favours bestowed by his Majesty on that Kingdom at his last being there and settling the troubles thereof and considering the mutual Interest of the Kingdoms in Welfare and Prosperity of others acknowledged and Established in the late Treaty And finding our selves warranted and obliged by all means to labour to keep a right Understanding betwixt the Kings Majesty and his People to confirm that Brotherly affection begun between the two Nations to advance their Unity by all such ways as may tend to the Glory of God and Peace of the Church and State of both Kingdoms to render thanks to the Parliament of England for their assistance given to the Kingdom of Scotland in settling the late Troubles thereof wherein next to the Providence of God and the Kings Majesties Justice and Goodness they do acknowledge themselves most beholding to the Mediation and Brotherly kindness of the Kingdom of England and likewise to proffer our selves for removing all Jealousies and mistakings which may arise betwixt the Kings Majesty and this Kingdom and our best indeavours for the better Establishment of the Affairs and quiet of the same We do therefore in the name of the Parliament and Kingdom of Scotland acknowledge our selves next to the Providence of God and his Majesties Justice and Goodness most beholding to the Mediation and Brotherly kindness of the Kingdom of England in many respects especially in condescending to the Kings Majesties coming to Scotland in the midst of their great Affairs whereof we have tasted the sweet and comfortable Fruits and do heartily wish the like happiness to this Kingdom And as we are heartily sorry to find our Hopes thereof deferred by the present distractions growing daily here to a greater height and out of the sense thereof have taken the Boldness to send our humble and faithful advice to the Kings most Excellent Majesty for remedying of the same to the just satisfaction of his People so out of our duty to his Majesty and to testifie our Brotherly Affection to this Kingdom and acquit our selves of the Trust Imposed upon us We do most Earnestly beseech the most Honourable Houses in the deep of their Wisdoms to think timously upon the Fairest and Fittest Ways of Composing all present differences to the Glory of God the good of the Church and State of both Kingdoms and to his Majesties Honour and Contentment Wherein if our
Ireland to the Lord Lieutenant 900 901 902. F. RObert Farnham 's Deposition in behalf of the Lord and Lady Muskerry 635. Sir Robert Farrer a Witness for the Earl of Strafford 60. Fast mov'd for by the House of Commons for the Irish Rebellion 737. agreed 754. for a monthly one 777. Faunt 's Case 324. Mr. Finch Vicar of Christ-Church London Votes against him 233. Fitz-Garret a Witness against the Earl of Strafford 57 68 74. Florence the Resident from thence his Complaint 596. a Committee upon it 645. Forrests ascertain'd in their Bounds by Act of Parliament 431. many Frays happen about it 499. 625. Sir Edward Fowles a Witness against the Earl of Strafford 11. Blunders in his Evidence 55. Mr. Franklin a mistake in his Annals rectified 247. Sir Ralph Freeman a Witness against the Earl of Strafford 91. French the House of Commons in great fear of them 233. 242. French Embassador desires the English Disbanded Army for his Masters Service 395 436. Tumults about his House 468. intercedes for the Rioters 476. Dr. Fuller Dean of Ely Petitioned against by the Sectaries 492. sent for as a Delinquent for his Sermons 609. Bayled 626. G. SIr Henry Garaway a Witness against the Earl of Strafford Gatton in Surry a dispute about Election of Members there 599. Lord General scruples letting the Scots march through Berwick 452. S. German a Frenchman committed to the Gate-House 651. released 711. Mr. Glyn appointed a Manager of Evidence against the Earl of Strafford 28. passionate at some expressions of the Earl of Strafford 39. his Speech upon summing up the Evidence 124. one of the Committees to expedite the Charge against the Arch-Bishop Laud 265. his Speech about breach of Priviledge 827. Henry Gogan a Witness against the Earl of Strafford 90. Evers Gore a Witness against the Earl of Strafford 53. Lord Gorge Governor of Hurst Castle Summoned to appear 596. Collonel Goring accused for a Conspiracy to seduce the Army 232. discovers a Vote in his Favour 272. Lord Gorminston a Witness against the Earl of Strafford 56. contradicts himself 57. his Commission for suppressing the Irish Rebellion 630. is said to have given Intelligence to the Rebells 905. combines with them 907. they make him General of the Forces of the Pale 917. Patrick Gough a Witness against the Earl of Strafford 70. John Gower a Witness against the Earl of Strafford 53. Grand Question concerning Bishops Votes in Capital cases an abstract of it 503. Lord Grandison see Newark Richard Grave his Examination about the Irish Rebellion 522. Dr. Gray sent for as a Delinquent 772. St. Gregories Parishioners Complaint against Inigo Jones 728. Sir Henry Grisfin a Witness in the Case of the Earl of Strafford 93 94. Serjeant Grimstone one of the Committee to prepare the Charge against the Earl of Strafford 7. appointed to be presented at the Examination of Evidence against him 11. his Speech concerning Breach of Priviledge 825. Guard Ordered about the Parliament House 487. a Conference about it 595. Establisht by the House of Commons 623. Dissolv'd by the King 684. Message c. about it 684 685. Reasons of the House of Commons for their Continuance 687. refused by them when ordered by the King 688. Guard not of their own appointment displeases them 726. examin'd and discharg'd 727. Votes of the House of Commons about Guards 729 732. their Message about it 789. rejected by the House of Lords 793. a Committee ordered to wait upon his Majesty concerning it 801. the King orders one under the Earl of Lindsey 833. the House of Commons Order another under Major Skippon 833. both Houses appoint a Guard upon the Tower 844. an Order drawn up by the House of Commons for Guards and necessary defence 878. Gun-Powder an Act for importing and free making it 416 438. Gunners of the Tower examined by the House of Commons 856. Sir Richard Gurney Lord Mayor of London Knighted 676. H. DR Hacket 's defence of Deans and Chapters in the House of Commons 240. Hampden one of the Committee to prepare the Charge against the Earl of Strafford 7. appointed a Manager of Evidence against him 28. one of the Committee to expedite the Charge against Arch-Bishop Laud 265. Impeached of High Treason 811. his Speech in vindication of himself 817. a Petition from Bucks to the King about him 840. Marquess Hamilton a Witness in the case of the Earl of Strafford 86. made a Duke 683. his complement to the House of Commons concerning the Arms at Fox-Hall 870. James Hanham his House search'd for Arms 848. Sir Simon Harcourt arrives at Dublin with a Regiment 918. Robert Hawood ordered to the Pillory for Contempt 238. excused 245. Lady Hatton and Bishop of Ely their Case 270. Sir Arthur Hazlerig Impeach'd of High Treason 811. Bishop of Hereford excused part of his Poll-Money 709. Marquess of Hertford introduc'd into the House of Lords 265. ordered to take charge of the Prince in person his answer 595. a Message about it from the House of Commons 857. Hertfordshire Petition 753. Dr. Heywood Petition'd against by the Sectaries 492. Hibbols a Witness against the Earl of Strafford 62. Mr. Hide his Speech at the delivery of the Articles against the Lord Chief Baron c. 343. High Commission Court a Bill for taking it away 257. Collonel Hill Voted Delinquent for raising Volunteers for Ireland 874. Earl of Holland a Witness in the Case of the Earl of Strafford 84. Mr. Jervis Holls who had been expell'd the House for an honest Speech restor'd 710. Dr. Hollis and others Votes in their favour 331 373. his Speech in praise of Sir Randol Crew 365. concerning the Palatinate 378. in justification of the Votes for taking the Protestation 416. he is Impeached of High Treason 811. Honours a Conference about the Kings bestowing them 325. Horses inquiry after Transporters of them 655. Sir John Hotham a Witness in the Case of the Earl of Strafford 92. appointed Governor of Hull by the House of Commons 833. Hoy a Witness against the Earl of Strafford 62. Hull Order for the Mayor to take care of it 753. Order that Sir John Hotham be Governor of it 833. Huntingdonshire Petition for Episcopacy 720. Hurst Castle going to Decay Examined 596. Mr. Hutton Curate of St. Giles Cripple-Gate Petition'd against 492. ordered to be taken into custody 497. Hypocrisie of the Anti-Episcopal Grandees 261. I. KIng James his Collection out of Bellarmin 226. Mr. Henry Jermyn accused for a Conspiracy to seduce the Army 232. a Proclamation to stop him 233. Voted chargeable with High Treason 443. Voted to be Impeach'd 754. Impeachment of the Earl of Strafford 7. of Sir George Radclif 8. of Sir Robert Berkley 332. of the Barons of the Exchequer 343 352 356. of Mr. Justice Carwley 357. of the Lord Chief Justice Bramstone 363. of the Bishops for the New Canons and Oath 418 443. second Impeachment of the same 717. Incendiaries a Commission for their Prosecution 444. who were