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
deposed positively the Words in the Charge The Lord Gorminstone also deposed that he heard the Earl speak those words at another time in open parliament Lord Gorminstone and that the Commissioners who drew the Instructions for the Government of Ireland were a Company of narrow hearted Commissioners The Lord Kilmallock deposed the same Sir Pierce Crosby deposed the same Lord Kilmallock Sir Pierce Crosby My Lord of Strafford after a quarter of an hours respite made his Defence That he had observed the Natives of Ireland have not been Prepitious to their Governours he instanced in Sir John Perrot on their Testimonies attainted of Treason in a legal Ordinary way who lost his Estate though not his Life and yet after it was confest there was little truth in the Accusation My Lord Faulkland had the same treatment being informed against by the same Witnesses Sir Pierce Crosby and Lord Mount-Norris and yet it appeared he had dealt as Honourably Justly and Nobly to his Vnderstanding as any man could do That it was impossible but in the way of Justice a Governour must give Offence to many which he intreated their Lordships to consider He said That though the words were spoken yet were they not Treason and had they been Treason yet by Proviso of Stat. of Ed. 6. the Information ought to be within 30 dayes He instanced in the Lord Cook in Calvin's Case 20 H. 6.8 Dyer 360. to prove that the Laws and Customs of Ireland are diverse from the Lawes of England That he should do Extreamly ill to the Honour of the English Nation and to the memory of divers of their Lordships Ancestors if he should not say and think that Ireland is a Conquered Nation He instanced in the Stat. 11 Eliz. where at the Attainder of Shan Oneal the samous Rebel it is said that all the Clergy were assembled in Armagh at the time of the Conquest That King Henry the Second is in the Statute called the first Conqueror of Ireland That all Histories acknowledg it That he spoke the Words to magnifie the King's Grace and Goodness and that there was then no offence taken at them For the other words That the King might do with them what he pleased let them relate to the Conquest and there is no Offence in them As to the words spoken to the Recorder of Dublin he did with the greatest assevetarion utterly deny the speaking of them Mr. Slingsby his Secretary averred the same and that the first words were so well taken that he was thereupon invited to the Mayor's House at a publique Entertainment To their Charters being void he said it was Evident they were so in point of Law as he was informed by the King's Council for their Non-performance of the Trust reposed in them appealing to my Lord of Cork that the reason of it was that most of the Aldermen were Recusants and would Plead their Charters against the Orders of the Board by which means many great disorders were continued The Managers Urged That this justified a part of the Charge that Charters were judged by the Board whereas the Council-Table hath no such Power The Earl replyed It was not to judg their validity but whether ill Vsage and Extortion were not practised under colour of them and that they were complained of as grievances in Parliament Lord Dillon which the Lord Dillon averred to be true To which the Earl added That he did it in favour of the Protestants who were by these Charters depressed by the Roman-Catholicks and that he looked upon this which was objected as a Crime as a service to the Protestant Religion He said it would perhaps be well known hereafter when he was in his Grave that his great fault was his great zeal to bring them to conform to the Church of England That notwithstanding this they still enjoy their Charters and for his saying Ireland was a conquered Nation it was upon the Occasion of pressing them to supply the Crown for that if the Kingdom of England should still be put to the Charge and the whole Expence rest on the Conqueror you might very well think you are so dealt with as never any other Conquered Nation had been adding There were Copies of his Speech that would justifie what he said and that the Speech was in Ireland That my Lord Ormond told him it was ill resented To which he answered Truly my Lord you are a conquer'd Nation but you see how I speak it and no otherwise The Lord Dillon averred Lord Ranulagh Sir George Wentworth that he stood under the Cloth of State but did not hear the words That they should expect Laws as from a Conqueror The Lord Ranulagh remembred the first words but not their last Sir George Wentworth said That he brought the Speech to the King and in that there was no such word The Managers then Urged That though this was not in that Speech yet some thing was then spoken though in a milder sence but it was spoken after upon Occasion of a Petition delivered by the Commons after they had given the King the Subsidies concerning their Laws To this Mr. Fitzgarret deposed That there was such a Petition Fitzgarret and that there was an answer given either at the Board or in full Parliament from the House of Lords but he does not remember any part of it but afterwards the Earl affirming it was at the Board and not in Parliament he said he conceived there were two Petitions one to the Council another to the Parliament about redress of Grievances but remembers not the Answer But the Lord Gorminstone spoke positively then Lord Gorminston That it was in Parliament upon the Occasion of that Petition wherein as my Lord Strafford observed he contradicted himself having before fixed it on the Speech in the beginning of the Parliament upon Petition of the Commons desiring the benefit of some Graces his Majesty had been pleased to confer on them The Lord Killmallock deposed it was in Parliament Lord Killmallock 3 or 4 dayes after the delivery of that Petition Then the Statute of 28 H. 6. King James's Instructions 1622 and a Proclamation upon them were read dated November 1. 1625. whereby it was Ordered That no private Causes should come before the Board but be referred to their proper Courts Then the 4th Article was read being concerning the Lord of Cork's being disseized of an Impropriation and saying Lord Ranulagh That an Act of State should be as binding as an Act of Parliament The Lord Ranulagh deposed That the Cases of the Church and Plantations were in the times of former Deputies Resolved at the Board and that he never knew any other Titles determined there But the further Disquisition was put off till the next day Upon Friday the Earl of Cork was Examined and deposed Friday Mar. 26. Earl of Cork That the Lord Deputy presented one Arthur Gwyn formerly Groom to the said Earl of Cork to a
think fit and to direct a Course for the Licensing the Sale thereof to the best improvement yet so as to take care to prevent the bringing in Vnsound Tobacco Then he offered the Contract of Carpenter Bartholomew Peatly and others for 11 Years at 5000 l. the first 5 Years and 10000 l. the Six last freed from Custom and paying only 3 d. Impost In which he did nothing but with the assistance of the Council there That there was an Act of Parliament in agitation to settle it in the Crown That he always judged a Proclamation Lawful till a Parliament confirms it As to the Punishments they were for Perjury and in terrorem and where it is objected That it is not sold at Reasonable Rates the Contractors are to Justifie themselves and he doubts not but they can That to the vast profit of 100000 l. it is admirable for at his coming away the Contractors were 6000 l. out of purse and for his gains by the Customs he dealt freely they were about 4 5 or 6000 l. per annum better then the Rent which he thinks is not considerable in the Charge of Treason He told their Lordships that he could not give a particular account the Ministers had been so dealt withal laid in prison and abused if you will speak of a Tyrannical and Arbitrary way of Government At which Expression exceptions were taken but he explained it of Ireland not of things here for which he produced two Orders for the seizure of his Goods concluding it was at worst but a Monopoly and that he never heard was judged Treason To which Mr. Maynard replied Managers Reply That this was no good service to His Majesty that when the Commons shall desire something may be done therefore any thing may be done and that it was never their Intention to put such Cruelties upon the Subject that his Majesties Letter was upon misinformation that if it had been so a Monopoly set up in England could not justifie the setting up one in Ireland that his Crime was the greater by endeavouring to justifie it under a name so Sacred as his Majestie 's That though a Proclamation hath a Temporary Power yet not to take away the Goods of the Subject This Day the 13th Article was read Article 13. Thursday April 1. Article was read wherein the Earl of Strafford was Charged with putting the Natives of Ireland upon working of Flax in a way unknown to them and seizing their Goods upon pretence of their disobeying his Orders to his own Vse whereby Thousands were undone To prove this his Proclamations were read as also a Warrant to one Benjamin Croky and his Deputy Witnesses Benjamin Croky Sir John Clotworthy to seize all Yarn made contrary to Proclamation To this Benjamin Croky sworn deposed That he did seize Yarn and it was taken from him by one Joseph Carpenter who converted it to my Lord's Looms Sir John Clotworthy deposed That he saw the Proclamation and Warrant being a Justice of Peace and Examined several People who were abused which Examinations he sent to the Lord-Deputy for which he was severely threatned and hardly Escaped being sent for by a Serjeant at Arms that upon these Proclamations the Markets were deserted and they sold it privately to avoid seizure thereupon the Officers came to him for assistance and threatned the Constables and broke open Chests that he took away the Yarn from them and restored it to the Proprietors That this made great Disorders and many People were starved losing all they had provided for their half Years Rent The Lord Ranulagh deposed That at Athlone Complaints were made to him of one Dennis who had seized a great quantity of Yarn that conceiving it an abuse he sent a Gentleman to inform the Lord Deputy to whose Intention he thought this proceeding not agreeable and that my Lord withdrew the Warrants Then part of the Remonstrance of the Commons in Ireland was read shewing That the Pursivants by seizing the Yarn destroyed the Market that the Merchants meeting the People at private Houses they way-layd them and took away their Yarn and Cloth seizing on all not leaving the poor people so much as to cover their nakedness That they took away their Iron Pots upon a pretence of another Proclamation and by this cruelty exceeding Pharoah their poor Children were forced to eat Grass with the Beasts where they lay down and died by Thousands as will be proved by 20 Thousand That the Judges procured the Lord Lieutenant to Recall the aforesaid Proclamations Mr. Fitzgarret deposed Mr. Fitzgarret That Yarn and Cloth were the staple Commodities of Ulster that the Proclamation and Execution of it impoverished that whole Province That the Officers used extreme cruelty and that one Dr. Cook told him he thought in his Conscience many Thousands were Famished To this the Earl answered The Earl's Defence Here was something like oppression but nothing like Treason That the Intention of these Proclamations was the Improvement of the Manufacture for the good of the Kingdom and to take away abuses That however the Proclamations are not his single acts but of the Deputy and Council That he conceives they had Power to bring them to the English Customs as in other Cases of drawing by the Horse tails burning the straw to get out the Corn and such Irish Customs That his principal design was to prevent the prejudice of the Woollen Manufacture of England the Wool of Ireland increasing and he thought to set up the Linnen Trade would advance Ireland and not prejudice the clothing Trade of England That he lost 3000 l. by attempting it that he cannot be accountable for the abuses of the Officers of whom Croky was the chief now a Witness against him as my Lord Ranulagh has informed their Lordships That he cannot conceive so many Thousands should be starved by his Looms when the whole yearly value came not to above 16 or 1700 l. He is sorry for that Remonstrance of the Commons thinking he had merited a better opinion from that Kingdom and having a little fortune there honestly got could not but wish well to it and he hoped when misinformations were cleared still to regain their good esteem where to the best of his Conscience he had done Justice and deserved well That Mr. Fitzgarret speaks by Report which is no proof and the Commons Remonstrance being but a Charge and not upon Oath he conceives cannot be the proof of a Charge concluding as he began That there might be oppression in the Execution but nothing of Treason in himself or the rest of the Council Mr. Maynard replyed That he was still striking the same string Managers reply no Treason though a high and wilful overthrow of the fundamental Rules of Justice in the Kingdom was evident that a good intention is no excuse to the taking away mens Goods and applying them to his own Vse that the good Company he speaks of is only to
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
time rested under great deliberation at last in a time when a great part of the Peers were absent by reason of the tumults and many of those who were present protested against it the said Bill passed the House of Peers and at length His Majesty the late King CHARLES the I. of Glorious Memory granted a Commission for giving His Royal Assent thereunto which nevertheless was done by His said Majesty with exceeding great sorrow then and ever remembred by him with unexpressible grief of Heart and out of His Majesties great Piety he did publickly express it when His own Sacred Life was taken away by the most detestable Traytors that ever were For all which Causes be it Declared and Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled That the Act Entituled An Act for the Attainder of Thomas Earl of Strafford of High-Treason and all and every Clause and Article and thing therein contained being obtained as aforesaid is now hereby Repealed Revoked and Reversed And to the end that Right be done to the Memory of the deceased Earl of Strafford aforesaid Be it further Enacted That all Records and Proceedings of Parliament relating to the said Attainder be wholly Cancell'd and taken off the File or otherwise Defaced and Obliterated to the intent the same may not be visible in after-ages or brought into example to the prejudice of any person whatsoever Provided That this Act shall not extend to the future questioning of any person or persons however concerned in this business or who had any hand in the Tumults or disorderly procuring the Act aforesaid Any thing herein contained to the contrary thereof notwithstanding May his and all the Innocent Blood that was shed after it for ever sleep and not like the Souls under the Altar call out Quousque Domine crying for Vengeance upon this Nation The Poets of the Age were not wanting to Embalm the Memory of so great a Mecaenas with Elegies and Epitaphs though such was the little Envy of his Enemies that they did not only suppress but punish the Printers and Publishers of them one Holmer being clapt up in the Gate-House by a Vote of the Commons for Printing Scandalous Verses upon the Earl of Strafford Among the rest Cleveland then great in Reputation bestowed these 2 Epitaphs upon this Noble Earl Epitaph upon the Earl of Strafford HEre lies Wise and Valiant Dust Huddled up 'twixt fit and just Strafford who was hurried hence 'Twixt Treason and Convenience He spent his time here in a Mist A Papist yet a Calvinist His Princes nearest Joy and Grief He had yet wanted all Relief The Prop and Ruin of the State The Peoples violent Love and Hate One in extremes lov'd and abhorr'd Riddles lye here And in a word Here lies Blood and let it lye Speechless still and never cry Epitaphium Thomae Comitis Straffordii c. EXurge Cinis tuumque solus qui potis es scribe Epitaphium Nequit Wentworthi non esse facundus vel Cinis Effare marmor quem cepisti comprehendere Macte exprimere Candidius meretur Vrna quam quod rubris Notatum est literis Eloquium Atlas Regiminis Monarchici hic jacet lassus Secunda Orbis Britannici Intelligentia Rex Politiae Prorex Hiberniae Straffordii Virtutum Comes Mens Jovis Mercurii ingenium lingua Apollinis Cui Anglia Hiberniam debuit seipsam Hibernia Sydus Aquilonicum quo sub rubicunda vespera occidente Nox simul dies visa est dextroque oculo flevit laevoque laetata est Anglia Theatrum Honoris itemque scena calamitosa Virtutis Actoribus morbo morte invidia Quae ternis animosa Regnis non vicit tamen Sed oppressit Sic inclinavit Heros non minus caput Belluae vel sic multorum Capitum Merces furoris Scotici praeter pecunias Erubuit ut tetegit securis Similem quippe nunquam degustavit vanguinem Monstrum narro fuit tam infensus legibus Vt prius legem quam nata foret violavit Hunc tamen non sustulit lex Verùm necessitas non habens legem Abi Viator Caetera memorabunt posteri Which for their sakes who understand not the Language I have thus Translated into English though not without loss to many of those Beauties and Graces which are so peculiar to the Latin as not to be expressed in our Language An Epitaph upon Thomas Earl of Strafford c. Rise Noble Dust Thou only canst unto thy self be just Write thine own Epitaph speak thy wonted sence Great Wentworth's Ashes can't want Eloquence Although his Innocence deserves an Elegy Whiter then Redstreak Marble can supply Yet weeping Marble tell Who does beneath thee dwell The Atlas of Monarchique State lies here The second Mover of Great Britains Sphere The King of Politiques Irelands Deputy And in a word Of Strafford and of Virtue the Illustrious Lord Does underneath this Marble breathless lye The mighty Jove did his great mind bestow and nimble Mercury his Wit Apollo on his Tongue did sit Ireland her self Englandto him did Irelandowe Bright Northern Star When in a Bloody Cloud he set Night and Day together met England did seem of her right Eye bereft To weep and laugh untowardly with what was left The Scene of Honour and the fatal Stage Of Virtuous and Distressed Innocence The Actors Envy and Three Kingdoms rage against them what Defence Opprest but yet not overcome he stood Vnconquered still and met the Rolling Flood Thus the Illustrious Hero bow'd For such he was at least He bow'd his Noble Head unto the Beast Of many Heads the Croud Into the Bargain thrown Of ready Money then paid down To Scottish Traytors to Invade the Crown The blushing Ax amazed stood It nere before had drunk such Blood A wonderous thing I tell Illustrious Strafford fell Obnoxious to the Law strange Crime Before the Law was made to punish him How Strafford dy'd then would you know Lawless Necessity gave the Fatal blow Pass on O Traveller wee 'd best Here leave him and Posterity to weep the Rest It will possibly be some satisfaction to the Curiosity of the Reader to see those Papers of Sir Henry Vane's which seem to have been of such considerable import as to have cast the Beam in the Fate of this great Person and indeed I had done it in its proper place had those Papers then come to my hands but however better late then not at all and if they contribute to the satisfaction of the Inquisitive they are to ow the Obligation as upon all occasions I shall do to the kindness of the Right Honourable Sir Francis North Late Lord Chief Justice of the Common-Pleas and now Lord-Keeper of the Great Seal of England who was pleased to furnish me with a Transcript of some Memoirs of the late Earl of Manchester's the Originals being written with the said Earls own
confessed he had taken to be secret Exceptions taken against the L. Digby for words concerning Goring's Oath saying he was a perjured man After a warm Debate upon it and he had in his Place Explained himself yet the House not being satisfied with it he was ordered to withdraw A Petition was this day read in the House of Lords The Factious Sectaries disturb the People at the Communion declaring the great Disorders committed in the Parish Churches of Saint Saviours and St. Olaves in Southwark in time of the Administration of the Communion hereupon it was Ordered That the Names of the particular Offenders be given in to this House and then this House will give such Order therein as stands with Justice and the Desert of the Cause These were the Men for Reformation whom nothing not the most Sacred Duty of Christian Religion could keep within the bounds of Decency and Order The Lords finding themselves Extremely Pressed by the bringing Writs of Errors upon Judgments into their House whereby the Publique Affairs were much retarded Order of the Lords about Writs of Error made this Order Ordered That such persons that bring in Writs of Error into this House upon a Judgment given in a Court of Justice and if it appear that there is no Just Cause of Error in the said Judgment but merely for delay of Justice and Execution that then such Costs is to be given against the Parties that bring the Writ of Error as the House shall think fit to give in that Case And that the Record shall be remitted whence it came that the Defendant may take out Execution upon the Judgment The House of Commons Sitting late the last Night upon the Debate concerning the Lord Digby Wednesday June 9. and some persons calling for Candles which the major part opposed being inclined to rise but by mistake the Candles being brought in Sir William Widdrington and Sir Herbert Price sent to the Tower for bringing in Candles against the desire of the House and Sir William Widdrington and Sir Herbert Price taking them from the Serjeant without a General Command which occasioned a great disturbance in the House Mr. Hollis made a Speech in aggravation of their Offence shewing That the House of Commons being a Rule and Example of Order there ought to be no Disorders within those Walls for that if there were such within well might it be Expected there would be without and that it might be the occasion of shedding much blood among themselves if upon such a difference Parties should have sided one against another Whereupon though both the Gentlemen made their Submission and craved the Pardon of the House yet they were immediately committed Prisoners to the Tower during the Pleasure of the House The House then fell upon the last Nights Debate concerning Colonel Goring's Discovery and it was Resolved Vote in favour of Colonel Goring's discovery c. That Col. Goring in his Depositions concerning the Discovery has done nothing contrary to Justice or Honor but has therein deserved well of the Commonwealth and of this House By this time I doubt not but the Reader 's Curiosity will prompt him to know the meaning of this Conspiracy which made as much noise in London and indeed throughout England as ever the famous Conspiracy of Cataline did at Rome I will give him the best Information I can from the Memoires of the Lord Manchester and in his own words TO prevent the Earl of Strafford's Death An Account of the Conspiracy in the Army from the Memoires of the Earl of Manchester saith he several Designs had been upon the Wheel but all failed therefore it was consulted how to Engage the Army in the North to serve the King in order to his Freedom from the Parliaments Fetters metre le Roy hors d' paye as the Royalists termed it This occasioned several Addresses to the Principal Commanders in the North but they were fearful and backward to entertain any Motions or Propositions which might put them upon a breach with the Parliament But Mr. Percy and Mr. Jermin finding a great discontent in those Commanders of the Army who were Members of Parliament as Col. Wilmot Col. Ashburnham and Col. Pollard who thought that their Services had merited much better of the Parliament then that the Scotch Officers and Scots Army should be preferred before them in their Gratuities and in their Pay These Commanders owning that the Parliament had disobliged them gave Mr. Percy a rise to press with greater Earnestness his design of Engaging them to serve the King and to that End an Oath of Secrecy was â—amed and others were admitted into their Confederacy as Mr. Jâ—â—â—in and Mr. Goring and Propositions were framed But it fell out in this as in most Conspiracies of the like Nature that though the same Oath was taken by all that met together yet it was not taken by all with the same persuasion or intention For Col. Goring whose Ambition was not answered in being promised the Place of Lieutenant General of the Army and finding others employed whose persons he disliked he having a full Information from Mr. Percy and Mr. Jermin of all the Design thought it would tend most to his Security and Advantage to reveal the Conspiracy and being versed in all the Methods of falshood he chose the Time and Means which he thought would be most acceptable and obliging to the Parliament He therefore first imparts it to the Earl of Newport who was his particular Friend and desired him to bring him to some other Lords of the Parliament such as might be most likely to prevent that Mischief which was intended and accordingly the next day about Evening the Lord Newport brought him to the Earl of Bedford and the Lord Mandeville to whom he first made a Protestation of his Fidelity to the Parliament and of his readiness to run all hazards for the Safety of it Then he imparted the substance of the Design and desired them to make what Use of it they thought fit for their own and the Common-wealths Security but not to bring him as the Accuser of the Persons except Necessity did require it The Lords who had this Design revealed unto them thought it necessary to discharge themselves and communicated it to some Members of the House of Commons by whose Advice it was agreed That Goring should repair to his Government at Portsmouth and that so soon as he was gone the Persons whom he had discovered to be Actors in this Design should be apprehended but private Notice being given to Mr. Percy and Mr. Jermin they prevented the Justice of the Parliament by their Escape out of England Mr. Percy with some difficulty and hazzard took Shipping in a private Port in Sussex Mr. Jermin ventured upon Goring's Faithfulness to him and brought unto him a Warrant under the King's Hand to see him safely transported in one of his Frigots which he obeyed with Care and
Members and Assistants of this House as they shall nominate may be Examined Whereupon it was Ordered That this House will joyn with the House of Commons in this Message Ordered That the same deputed Lords do take the Examination of Witnesses upon Oath in the Cause concerning the Arch-Bishop of Canterbury as were deputed in the Earl of Strafford 's and the same Oath to be Administred and the same Course to be observed in the rest of the Particulars Ordered That the now Earl of Bedford shall be added to the Deputed Lords in his Father's room and Mr. Attorney General and Mr. Serjeant Glanvile are appointed to write down the Examinations This afternoon A standing Order of the House it being a considerable time before there were Forty Members to make a House it was Ordered That so soon as the House Sits and that the Serjeant comes to any Committee then Sitting to signifie to them that the House is Sitting that the Chair-man shall immediately come away to attend the Service of the House Ordered That the Committee for the Bishop of Bath and Wells sit to morrow in the Afternoon at Two of the Clock in the Dutchy Chamber The Case of one Mr. Smith a Minister Votes in the Case of Mr. Smith a suspended Minister formerly suspended by Sir John Lamb being reported to the House it was Resolved c. That Mr. Smith was illegally suspended by Sir John Lamb and that Sir John Lamb ought to give him reparation and satisfaction for his damages sustain'd by that Suspension Mr. Hide reports the Articles against Sir John Bramston Knight Mr. Hide Reports the Articles against Lord Chief Justice Bramston The Controversy between the Lord Major and Commonalty of London about Election of one Sheriff heard Lord Chief Justice of the King's-Bench All which being singly Voted together with the Title were ordered to be ingrossed in order to their being carried up to the Lords Upon the opening of the Cause between the Lord Mayor and Aldermen and the Commonalty of London concerning the Election of one of the Sheriffs which formerly hath been chosen by the Lord Mayor and presented to the Commonalty on Midsummer-day for their Confirmation and likewise the differences concerning the Nomination and Election of other Officers now in question between the said Lord Mayor and the Commonalty the Lord Mayor alledging the said Sheriff and Officers to be Nominated and Confirmed by him according to the constant practice of the said City for 300 years last past without any contradiction or gain-saying But the Commonalty alledging on the behalf of the Commons that they had interest in the said Nomination and Elections It was thereupon Ordered by the Lords in Parliament That the said Lord Mayor shall call a Common-Hall on Friday 2 July 1641. Which Common-Hall is to consist of the Masters and Wardens and Livery-men of the several Companies of London and no other And that the Commonalty are then to Assemble in a peaceable and quiet manner to settle and compose the Dfferences between the said Lord Mayor and themselves if they can if not then to make choice of Six discreet persons of the said Commonalty to treat and debate this business between them and settle and compose all differences among themselves between this and Friday come seven-night being the Ninth of July 1641. But in case the said Differences cannot be composed then the pleasure of the House is that the said Cause shall be heard in open House at the Bar on the said Ninth of July And that in the mean time the said Persons so chosen as aforesaid shall have free liberty by themselves their Council and others that they shall employ to View and Transcribe such and so much of the Charters of the said City Acts of Common Council Books of Entries of Elections and Accompts and all such other Acts and Records as shall or may concernt the said Causes in Question and that all Clerks and others in whose Custody the said Instruments are shall be assisting to the said Searchers And lastly that if the Cause shall come before the Lords in Parliament that then the said six Persons so chosen as aforesaid shall attend the same before their Lordships Thus Early did the Faction grasp at every thing of Power and Authority and the Common-Halls indeavouring to divert the Lord Mayor of his Priviledges was but a fore-runner that the House of Commons would do the same and set up the Popular Authority above that of their Soveraign Lord the King of whom the Lord Mayor was the immediate Representative Then the Earl of Bristol Reported to the House The Earl of Bristol's Report of the Scots Commissioners Answer about the staying the Kings Journey June 29. 1641. That the Lords Commissioners had met with the Commissioners of Scotland and delivered unto them the Paper concerning the time of his Majesties Journey into Scotland Which was read in haec verba Viz. His Majesty hath Commanded us to let you know That whereas he hath been Petitioned by both Houses of Parliament for some stay of his Journey to Scotland until the Armies be Disbanded and that divers other things for the Peace and Good of this Kingdom be setled And whereas his Majesty doth acknowledg himself ingaged by his Promise and by his Letters as likewise by his late Proclamation declaring his Resolution to be present at the Holding of the Parliament in Scotland at the day in the Proclamation limited his Majesty being desirous to give Satisfaction to the Parliaments of both Kingdoms hath Commanded Us to declare unto you the Desire of the Parliament of England and to Treat with you how his Going may be best Fitted and Accommodated to the Convenience of both Kingdoms and the Desire of both Parliaments Then was read the Scottish Commissioners Answer hereunto which follows We do with all Thankfulness acknowledg his Majesties Royal and Tender Care of Settling the Affairs of his Ancient and Native Kingdome of Scotland and the Constancy of his Resolution according to his Royal Promise and Proclamation to be present at the Day appointed Our Affection also toward the Settling of the Affairs of England and the Desires of the Houses of Parliament that his Majesties Journey to Scotland may be stayed for some time to that Effect do so far prevail with us that we shall deal most Earnestly with the Parliament of Scotland That they Adjourn their Meeting till the 5th of August or if they shall find that a new Adjournment of the Parliament after so many Prorogations be so prejudicial to the present Condition of the Affairs of that Kingdom that it cannot be granted We will Endeavour That they may in their Meetings be only Exercised in preparing Matters for the Parliament and that they determine nothing nor make any Act till the day Designed for his Majesties coming But withall we must signifie That the present Constitution of that Kingdom for want of Councel Session and other Courts of
the right Way It behoves us therefore and is expedient that we should add a Period to these Irregular ways that the Vulgar may no longer wander ill in these distracted parts Master Speaker I have now unloaded my mind of her weary burthen and I beseech you digest my words with your serious considerations in this respect of establishing the Church-Government in true sincere perfect and unpoluted Religion which if we do perform and fully effect we shall do great Honour to God get great Credit to our Selves and give great Satisfaction to the whole Kingdom This is my Opinion this is my Expectation this is my Prayer and lastly this is my Hope A Message was sent this Morning from the House of Commons by the Lord Viscount Wainman Message about a Bill for Clerk of the Market c. who said he was Commanded to deliver to their Lordships Three Bills which had passed the House of Commons 1. Entituled An Act for the better ordering the Office of Clerk of the Market allowed and confirmed by this Statute and for the Reformation of the false Weights and Measures 2. An Act against divers Encroachments and Oppressions in the Stannery Courts 3. An Act for the Confirmation of his Majesty's Letters Patents to the Town of Plymouth and for dividing the Parish and building of a new Church And he was further to desire a dispatch of some Bills brought up formerly as the Bill against Pluralities and that their Lordships would appoint some time when their Lordships shall be at leisure that the Commons may come up with the Impeachment against the Judges The Answer which was returned to the Message was The Lords Answer That their Lordships will give a dispatch to these Bills now brought up with all convenient speed and will in a short time give a dispatch to the Bill against Pluralities And further it was told them That their Lordships have appointed great business this Morning concerning the safety of the Kingdom but will Sit this Afternoon at Three of the Clock at which time they will give the House of Commons a meeting concerning the Impeachments of the Judges The House of Commons this Day fell upon the matter of their Priviledges in the Case of Mr. Hollis and others 3 Car. Tuesday July 6. and upon the Debate of the House came to these following Votes Votes about Priviledge in the Case of Hollis c. 3 Car. Resolved c. That the Warrants of the Lords and others of the Privy Council compelling Mr. Hollis and others to appear before them during that Parliament is a Breach of Priviledg Resolved c. That the Committing of Mr. Hollis and others by the Lords and others of the Privy Council 3 Car. during that Parliament is a Breach of Priviledg Resolved c. That the Searching and Sealing of the Chambers Studies and Papers of Mr. Hollis Mr. Selden and Sir John Eliot being Members of Parliament and issuing out Warrants for that purpose is a breach of Priviledg Resolved c. That the Exhibiting an Information in the Court of Star-Chamber against Mr. Hollis and others for Matters done by them in Parliament being Members of Parliament is a breach of Priviledg Resolved c. That Sir Robert Heath Sir Humphrey Davenport Sir Heneage Finch Mr. Hudson and Sir Robert Berkley that subscribed the said Informations are guilty of the breach of Priviledg Resolved c. That there was a Delay of Justice towards Mr. Hollis and others upon the Habeas Corpora in that they were not Bayled in Easter or Trinity Term 5 Car. Resolved c. That Sir Nicholas Hide then Lord Chief Justice of the Court of Kings-Bench is guilty of this Delay Resolved c. That Sir William Jones one of the Justices of the Kings-Bench is guilty of this Delay Resolved c. That Sir James Whitlock Knight one of the Justices of the Kings-Bench is guilty of this Delay A Conference was had with the Lords in the Painted Chamber at the transmitting of the Impeachments of the Judges at which time Mr. William Perpoint upon the reading the Articles against Sir Robert Berkley Knight one of the Justices of the Court of Kings-Bench made this Speech in aggravation of their Crimes My Lords I Am Commanded to present to your Lordships these Articles Mr. William Perpoint's Speech at the Impeachment of Sir Robert Berkley July 6. 1641. with which the Knights Citizens and Burgesses of the Commons House of Parliament in their own Name and in the Name of all the Commons of England Impeach Sir Robert Berkley Knight one of the Justices of his Majesties Court of Kings-Bench in maintenance of their Accusation of High Treason and other great Misdemeanours The Articles they desire may be read The Articles were read by Mr. Newport The High Treason is in the first Article in his Endeavours to Subvert the Fundamental Laws of this Realm and to introduce an Arbitrary and Tyrannical Government which hath been lately adjudged Treason in the Cause of the Earl of Strafford The other Articles prove the first By his Opinions Certificates Judgments by his denials of the benefits of our Laws which have been read to your Lordships No Fundamental Law to the Subject is left our Goods our Lands our Bodies the peace of a good Conscience are by him given up to Arbitrary Tyrannical Government Nothing hath been omitted to make a Judge know the Lawes to make him Just or fear him from being Evil We have Inns of Court peculiar to that Study Judges from thence onely chosen seldom any but what have been Twenty Years there Honours and Revenues are given to Judges Encouragements to do well this Judge had these Judges are sworn according to Law to serve the King and his People according to Law to Counsel the King and for not so doing to be at his Will for Body Lands and Goods this Judge took that Oath The Lawes the Judges study impose the greatest punishments upon unjust Judges shew that these punishments have been inflicted more could not be done to perswade or fear a Judge His Offences shew in him great Ambition yet he was most timorous of displeasing the Great in Power He did not only forbear doing what he was sworn to do but was most active against our Laws and in opposing and punishing any that did maintain them To have only received Bribes though they blind the Eyes and though the Desire to get Money encreaseth with Age that hainous Crime in a Judge had been in comparison with his Offences a tolerable Vice for from such a Judge Justice is also to be had for money Ambition is violent and ruines whilst Covetousness is making a Bargain The words of his Opinion and Judgment are for the King's Power It is pleasing to the Nature of Man that others should obey his Will and well framed dispositions of Princes may easily be perswaded their Power is unlimited when they are also put in mind that therefore they have
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
Court refuse to impose any Fine whatsoever upon the said James Maleverer and told him that the said Court had no Power to Fine him and that he must compound with certain Commissioners for that purpose appointed And did farther order and direct several other Writs of Distringas to issue forth of His Majesties said Court of Exchequer under the Seal of the said Court directed to the several High Sheriffs of the said County of York whereby the said Sheriffs were commanded further to distrain the said James Maleverer to appear as aforesaid upon which said Writs of Distringas several great and excessive Issues were returned upon the Lands of the said James Maleverer amounting to the Summ of two Thousand Pounds or thereabouts a great part whereof the said James Maleverer was inforced to pay and in like manner the said Sir Humphrey Davenport together with the rest of the then Barons of the said Court of Exchequer did order and direct such and the like unjust and undue Proceedings and the said Proceedings were had and made accordingly against Thomas Moyser Esquire and against several other Persons His Majesties Subjects in several Parts of this Realm to the utter undoing of many of them 2. That a Sentence of Degradation being given by the High Commissioners of the Province of York against Peter Smart Clerk one of the Prebends of the Church of Durham for a Sermon by him formerly Preached against some Innovations in the Church of Durham a Tryal was afterwards had viz. in August in the seventh Year of his said Majesties Reign before the said Sir Humphrey Davenport Knight then one of the Judges of Assizes and Nisi prius for the County Palatine of Durham concerning the Corps of the Prebend of the said Master Smart which was then pretended to be void by the said Sentence of Degradation the said Sir Humphrey Davenport contrary to his Oath and contrary to the Laws of this Realm and to the destruction of the said Master Smart upon reading the Writ de haeretico comburendo did publickly on the Bench in the presence of divers His Majesties Subjects then attending declare his Opinion to be That the said Prebends Place was void and gave directions to the Jury then at Bar to find accordingly and being then informed that although the said Master Smart had been dead or deprived yet the Profits of his Prebend had been due to his Executors till the Michaelmas following the said Sir Humphrey Davenport then answered That though the said Master Smart was not dead Yet if he had his desert he had been dead long ago for he deserved to have been hanged for the said Sermon and that he was as wicked a Man as any lived in the World call him no more Master Smart but plain Smart And when the said Jury had found against the said Master Smart the said Sir Humphrey Davenport in scandal of His Majesties Government and Justice and of the Proceedings of His Majesties Judges did publickly as aforesaid speak Words to this effect That the said Jury had well done and that the said Smart had no remedy save by appeal to the King and there he should find but cold Comfort for the King would not go against his own Prerogative upon which the Judges and High Commissioners did depend and therefore would not contradict one anothers Acts. That the said Sir Humphrey Davenport about the Month of November Anno Dom. 1635. then being Lord Chief Baron of his Majesties Court of Exchequer and having taken an Oath for the due Administration of Justice to His Majesties Liege People according to the Laws and Statutes of this Realm subscribed his Name to an Opinion in haec verba I am of Opinion That as where the benefit doth more particularly redound to the good of the Ports or Maritime Parts as in Case of Piracy or Depredations upon the Seas there the charge hath been and may be lawfully imposed upon them according to Presidents of former Times so where the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger of which His Majesty is the only Judg there the Charge of the Defence ought to be borne by all the Realm in general this I hold agreeable both to Law and Reason That in or about the Month of February Anno Dom. 1636. the said Sir Humphrey Davenport then being Lord Chief Baron of the said Court of Exchequer subscribed an extrajudicial Opinion in Answer to Questions in a Letter from His Majesty ut supra in the Articles against Judge Bramston and Judge Berkley That whereas an Action of Battery was brought by one Richard Legge against Robert Hoblins to which the said Hoblins pleaded Justification de son assault de mesme and the said Cause came to Tryal at the Assizes holden for the County of Gloucester in Summer An. 1636. before the said Sir Humphrey Davenport then one of the Justices of Assize and Nisi prius for that County At the said Tryal the said Robert Hoblins did begin to make proof of his said Justification and produced one Robert Tilly a Witness in the Cause who proved upon Oath that the said Richard Legge did make the first Assault upon the said Robert Hoblins and that the occasion thereof was that the said Richard Legge and others came upon the Lands then in Possession of the said Hoblins and did take and drive away eighteen Cows of the said Hoblins pretending they had a Warrant from the Sheriff to distrain the same for forty Shillings assessed upon the said Hoblins for Ship-Money And when the said Hoblins being present endeavoured to hinder the said Legge and others from taking away his said Cattel the said Legge strook the said Hoblins with a Staff who after defended himself That upon the opening of the Matter the said Sir Humphrey Davenport would not suffer the said Hoblins to produce any more Witnesses on his behalf though the said Hoblins desired that other of his Witnesses then present and sworn might be heard nor his Councel to speak for him but being informed that the said Hoblins when Ship-Money was demanded of him answered that he would not pay the same because it was not granted by Parliament the said Sir Humphrey Davenport did then openly in the hearing of a great number of His Majesties Liege People then assembled and attending the Court in great Passion reprove the said Hoblins and told him that the King was not to call a Parliament to give him satisfaction and did then and there also falsly and of purpose to prevent His Majesties loving Subjects from the due and ordinary course of Law and contrary to his Oath and the Laws of the Realm Publish Declare and affirm that it was adjudged by all the Judges of England that Ship-money was due to the King and directed the Jury Sworn in that cause to find a Verdict for the said Richard Legge And the said Jury did accordingly and gave him twenty Pound damages And the said
Humphrey Davenport did then also without any cause Imprison the said Robert Hoblins and bound him to the good behaviour That whereas in the Month of April Decimo sexto Caroli the Officers of the Custom-House having Seized a Ship of one Samuel Warner Laden with Tobacco being the Goods of the said Warner the Bulk of the said Ship not being broken and no Information Exhibited for the King according to the course of the Exchequer for any Duty the Barons were moved that the said Ship might be restored to the Proprietors giving security to pay such duties as did belong to the King but upon the allegation of the Kings Attorney that there needed no information because there was no penalty the said Sir Humphrey Davenport being then Lord Chief Baron of His Majesties Court of Exchequer together with the rest of the then Barons of the said Court did contrary to his Oath and contrary to the Laws of this Realm deny the restitution of the said Ship unless all the duties demanded by the Farmers of the Custom-House were first paid Hereupon the said Warner brought an Action of Trover in the Office of Pleas in the Exchequer against the said Officers that Seized his Ship and Goods Whereupon the Kings Attorney General exhibited an Information by English Bill in the Exchequer Chamber against the said Warner setting forth that Customs and Subsidies upon Merchandise were a great part of the Kings Revenue and payable to him And that the said Ship was Seized for non-payment of the aforesaid duties notwithstanding the said Warner then Proprietor Prosecuted the Officers upon a Suit at Law and prayes that he may answer the said Information before any further proceedings be had at Law Thereupon the said Sir Humphrey Davenport together with the rest of the then Barons of the said Court of Exchequer ordered that the Proprietor moving for the delivery of the said Goods should first answer to the Information after which the said Warner demurred to the said Information in regard no Title for any certain duty was set forth by the Information which demurrer yet remains not over-ruled but the said Sir Humphrey Davenport with the said other Barons without over-ruling the demurrer Ordered because Warner had put in a demurrer and not answered to the said Information that he should not proceed upon the Action of Trover The Proprietor being thus prevented of his remedy by Action at Law sued forth a Replevin and upon pretence of viewing the said Goods caused them to be brought forth of a Cellar hired by a Deputy to the Farmers to that use and being brought forth they were taken by the Sheriffs of London by vertue of the said Replevin and upon Oath made of the manner of the taking as aforesaid before the Barons and upon view of the President Inrolls the Case the said Sir Humphrey Davenport with the said other Barons adjudged that the said Goods were not Replevisable and granted an Injunction to maintain Possession of them as they were before And the said House of Commons by Protestation saving to themselves only the Liberties of Exhibiting at any time hereafter any other Accusation or Impeachment against the said Sir Humphrey Davenport and also of replying to the answer that he the said Sir Humphrey Davenport shall make unto the said Articles or any of them or of offering proof of the Premisses or any of their Impeachments or Accusations that shall be Exhibited by them as the Case shall according to the course of Parliaments require do pray that the said Sir Humphrey Davenport Lord Chief Baron of His Majesties Court of Exchequer may be put to answer to all and every the Premisses and that such Proceedings Examinations Tryals and Judgments may be upon every of them had and used as is agreeable to Law and Justice The ARTICLES against Mr. Justice Trevor were as followeth Articles of the House of Commons in the Name of themselves and of all the Commons of England against Sir Thomas Trevor Knight one of the Barons of His Majesties Court of Exchequer Impeaching him as followeth 1. THat in or about November 4. Car. divers Goods and Merchandises whereof John Rolls George Moore and other Merchants of London were Proprietors being Seized and conveyed into certain Store-Houses at the Custom-House by Sir John Worstenham Abraham Dawes and other the Farmers and Officers of the Customs and by them there detained because the said Proprietors refused to pay the Subsidy of Tonnage and Poundage pretended to be due and demanded by the said Farmers and Officers on His Majesties behalf for the said Merchandises whereas no such Subsidy or Duty of Tonnage or Poundage was due or payable for the same no Subsidy of Tonnage and Poundage having been granted by Parliament to His Majesty The said John Rolls and others the Proprietors of the said Goods having by reason of such unlawful Seizure and Detainer as aforesaid Sued forth one or more Writ or Writs of Replevin directed to the Sheriffs of London being the proper remedy provided by the Law to regain the Possession of Goods taken and with-held from the Owners contrary to Law the said Sir Thomas Trevor Knight then and yet one of the Barons of His Majesties said Court of Exchequer together with the rest of the then Barons of the said Court upon Information to them given That the said Proprietors or some of them had Sued forth and did Prosecute such Writ or Writs of Replevin for the delivery of the said Goods did order an Injunction under Seal of the said Court to Issue forth directed to the Sheriffs of London commanding them thereby not to Execute the said Writ or Writs of Replevin or any like Writ thereafter to be Sued forth by any Person or Persons for the delivery of any Goods in the like nature detained And it did declare and order publickly in the said Court of Exchequer that the said Goods by Law were not Replevisable alledging for cause that the said Goods were in the Kings own Possession whereas the same did not judicially appear to them and they did well know that the said Goods were at that time in the Possession of the Farmers and Lessees of the said Customs and no Lawful cause to them appearing or suggested of the taking and detaining of the said Goods which Injunctions and Declaration so granted and made were and are against the Laws of this Realm and in subversion of the common right and remedy of the Subject for regaining the Possession of his Goods being taken and with-holden from him without Lawful cause That the Sheriffs of London for the time being served with the said injunction did forbear to execute the said Writ or Writsof Replevin by means whereof the said Goods continued so detained as aforesaid contrary to Law from the Month of November till the Month of June following That the said Sir Thomas Trevor and other the Barons aforesaid knowing the said Goods to be unlawfully Seized and Detained for the pretended Duties and
General exhibited an Information by English Bill in the Exchequer Chamber against the said Warner setting forth that Customs and Subsidies upon Merchandize were a great part of the King's Revenue and payable to him and that the said Ship was seized for non-payment of the aforesaid Duties Notwithstanding the said Warner the Proprietor prosecuted the Officers upon a Suit at Law and prays that he may Answer the said Information before any further Proceedings be had at Law Thereupon the said Sir Thomas Trevor together with the rest of the then Barons of the said Court of Exchequer ordered that the Proprietor moving for delivery of his said Goods should first answer to the Information after which the said Warner demurred to the said Information in regard no Title for any certain Duty was set forth by the Information which Demurrer yet remains not over-ruled But the said Sir Thomas Trevor with the said other Barons without over-ruling the Demurrer ordered because Warner had put in a Demurrer and not answered to the said Information that he should not proceed upon the Action of Trover The Proprietor being thus prevented of his remedy by Action at Law sued forth a Replevin and upon Pretence of viewing the said Goods caused them to be brought forth of a Cellar hired by a Deputy of the Farmers to that use and being brought forth they were taken by the Sheriffs of London by vertue of the said Replevin and upon Oath made of the manner of the taking as aforesaid before the Barons and upon view of the President in Rolls his Case the said Sir Thomas Trevor with the said other Barons adjudged that the said Goods were not replevisable and granted an Injunction to maintain the Possession of them as they were before And the said House of Commons by Protestation saving to themselves only the Liberties of Exhibiting at any time hereafter any other Accusation or Impeachment against the said Sir Thomas Trevor and also of replying to the Answer that he the said Sir Thomas Trevor shall make unto the said Articles or any of them or of offering proof of the Premisses c. The Articles against Mr. Baron Weston were these Articles of the House of Commons Articles of Impeachment against Baron Weston July 6. 1641. in the name of themselves and all the Commons of England against Sir Richard Weston Knight one of the Barons of His Majesties Court of Exchequer Impeaching him as followeth 1. THat the said Sir Richard Weston about the Month of November Anno Domini 1635. Then being one of the Barons of His Majesties Court of Exchequer and having taken an Oath for the due administration of Justice to His Majesties Liege People according to the Laws and Statutes of this Realm subscribed his name to an Opinion in haec verba I am of Opinion c. ut suprà in Sir Robert Berkley's Charge 2. That in or about the Month of February Anno Dom. 1636. the said Sir Richard Weston being then one of the Barons of the said Court of Exchequer subscribed an extrajudicial Opinion in answer to Questions in a Letter from His Majesty in haec verba Charles R. When the good and safety of the Kingdom in general is concerned c. ut supra 3. That the said Sir Richard Weston being then one of the Barons of His Majesties Court of Exchequer did deliver his Opinion and Judgment in the Exchequer-Chamber against John Hampden Esquire in the Case of Ship-money That he the said John Hampden c. as in Judge Crawley's Charge 4. That whereas in the Month of April 16. Caroli the Officers of the Custom-House having Seized a Ship of one Sam. Warners Laden with Tobacco being the Goods of the said Warner the Bulk of the said Ship not being broken and no information Exhibited for the King according to the course of the Exchequer for any duty the Barons were moved that the said Ship might be restored to the Proprietors giving Security to pay such Duties as did belong to the King But upon the allegation of the Kings Attorney that there needed no information because there was no Penalty the said Sir Richard Weston being then one of the Barons of His Majesties Court of Exchequer together with the rest of the then Barons of the said Court did contrary to his Oath and contrary to the Laws of this Realm deny the restitution of the said Ship unless all the Duties demanded by the Farmers of the Custom-House were first paid Hereupon the said Warner brought an Action of Trover upon the Case in the Office of Pleas in the Exchequer against the said Officer that Seized his Ship and Goods whereupon the Kings Attorney General exhibited an information by English Bill in the Exchequer-Chamber against the said Warner setting forth the Customs and Subsidies upon Merchandise were a great part of the Kings Revenue and payable to him and that the said Ship was Seized for non-payment of the aforesaid Duties Notwithstanding the said Warner the Proprietor Prosecuted the Officers upon a Suit at Law and prayes that he may answer the said Information before any further proceedings be had at Law Thereupon the said Sir Richard Weston together with the rest of the then Barons of the said Court of Exchequer ordered that the Proprietor moving for delivery of his said Goods should first answer to the Information after which the said Warner dumurred to the said Information in regard no Title for any certain duty was set forth by the Information which demurrer yet remains not over-ruled But the said Sir Richard Weston with the said other Barons without over-ruling the demurrer ordered because Warner had put in a demurrer and not answered to the said Information that he should not proceed upon the Action of Trover The Proprietor being thus prevented of his remedy by Action at Law sued forth a Replevin and upon pretence of viewing the said goods caused them to be brought forth of a Cellar hired by a Deputy to the Farmers to that Use and being brought forth they were taken by the Sheriffs of London by vertue of the said Replevin and upon Oath made of the manner of the taking as aforesaid before the Barons and upon view of the President in Rolls his Case the said Sir Richard Weston with the said other Barons adjudged that the said Goods were not replevisable and granted an injunction to maintain the possession of them as they were before And the said House of Commons by Protestation saving to themselves only the Liberties of Exhibiting at any time hereafter any other Accusation or Impeachment against the said Sir Richard Weston and also of replying to the answer c. Upon the Impeachment of Mr. Justice Crawley Mr. Waller spoke as followeth My Lords I Am Commanded by the House of Commons to present you with these Articles against Master Justice Crawley Mr. Waller's Speech at the Impeachment of Mr. Justice Crawley July 6. 1641. which when your Lordships shall have been pleased to
cùm stabis ad aras In tua quod fundi cornua possit erit He hath cropt and infring'd the priviledges of a banish'd Parliament but now it is returned he may find it has power enough to make a sacrifice of him to the better establishment of our Laws And in truth what other satisfaction can he make his injur'd Country then to confirm by his example those Rights and Liberties which he had ruined by his opinion For the proofs My Lords they are so manifest that they will give you little trouble in the disquisition his Crimes are already upon Record the Delinquent and Witness are the same having from several sorts of Judicature proclaimed himself an Enemy to our Laws and Nation Ex ore suo judicabitur To which purpose I am Commanded by the Knights Citizens and Burgesses of the House of Commons to desire your Lordships that as speedy a proceeding may be had against Mr. Justice Crawley as the Course of Parliament will permit The Articles against Mr. Justice Crawley were these Articles of the House of Commons in the Name of themselves and of all the Commons of England against Sir Francis Crawley Knight one of the Justices of His Majesties Court of Common-Pleas impeaching him as followeth 1. The Articles of Impeachment against Judge Crawley THat he about the Month of November Anno 1635. then being one of the Justices of the Court of Common-Pleas and having taken an Oath for the due Administartion of Justice to His Majesties Liege People according to the Laws and Statutes of this Realm subscribed an Opinion in haec verba I am of Opinion That as where the benefit doth more peculiarly redound to the good of the Ports or Maritime Parts as in Case of Piracy or Depredations upon the Seas there the Charge hath been and may be lawfully imposed upon them according to Presidents of former Times so where the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger of which His Majesty is the only Judge there the charge of the Defence ought to be born by all the Realm in general This I hold agreeable both to Law and Reason 2. That he in or about the Month of February Anno 1636. Then being one of the Justices of the said Court of Common-Pleas subscribed an extrajudicial Opinion in answer to Questions in a Letter from His Majesty in haec verba ut supra in the Articles against Judge Berkley 3. That he then being one of the Justices of the said Court of Common-Pleas delivered an Opinion in the Exchequer Chamber against John Hampden Esquire in case of Ship-Money that he the said John Hampden upon the matter and substance of the case was chargable with the Money then in Question a Copy of which Proceedings and Judgment the Commons of this present Parliament have already delivered to your Lordships 4. That he then being one of the Justices of the said Court of Common-Pleas declared and published in the Exchequer Chamber in Westminster and the Circuit where he went Judge That the Kings Right to Ship-Money was so inherent a Right in the Crown as an Act of Parliament could not take it away And with divers malicious Speeches inveighed against threatned and discountenanced such as refused to pay Ship-Money All which Opinions and Judgments contained in the first second and third Articles are destructive to the Fundamental Laws of this Realm the Subjects right of Property and contrary to former Resolutions in Parliament and to the Petition of Right which said Resolutions and Petitions of Right were well known to him And the said Commons by Protestation saving to themselves only the Liberties of exhibiting at any time hereafter any other Accusation or Impeachment against the said Sir Francis Crawley and also of replying to the Answer that he the said Sir Francis Crawley shall make unto the said Articles or any of them or of offering Proof of the Premisses or of any of their Impeachments or Accusations that shall be exhibited by them as the Case shall according to the Course of Parliaments require Do pray that the said Sir Francis Crawley one of the Justices of the said Court of Common-Pleas may be put to answer to all and every the Premisses and that such Proceedings Examinations Tryals and Judgments may be upon every one of them had and used as is agreeable to Law and Justice The Articles of Impeachment against Sir John Bramston Knight Lord Chief Justice of the Court of Kings-Bench were as follow Articles of the House of Commons The Articles of Impeachment against Sir John Brampston Lord Chief Justice of the Kings Bench. in the name of themselves and all the Commons of England against Sir John Brampston Knight Lord Chief Justice of the Court of Kings Bench Impeaching him as followeth 1. THat the said Sir John Brampston then being Lord Chief Justice of the Court of Kings Bench and having taken an Oath for the due Administration of Justice to His Majesties Liege People according to the Laws and Statutes of this Realm did on or about the last of November 1635. Subscribe his Name to an Opinion in haec verba I am of Opinion that as where the benefit doth more peculiarly redound to the good of the Ports or Maritime parts as in case of Pyracy or Depredations upon the Seas there the Charge hath been and may be lawfully Imposed upon them according to Presidents of former times so where the good and safety of the Kingdom in General is coned and the whole Kingdom in danger of which His Majesty is the only Judg there the Charge of the defence ought to be born by all the Realm in General This I hold agreeable both to Law nnd Reason 2. That he the said Sir John Brampston then being Lord Chief Justice of the Court of Kings Bench about the Month of February 1635. did Subscribe an extrajudicial Opinion in answer to questions in a Letter from His Majesty ut supra in the Articles against Sir Robert Berkley Which said Opinions contained in the first and second Articles are destructive to the Fundamental Laws of this Realm the Subjects right of Propriety and contrary to former resolutions in Parliament and to the Petition of Right 3. That he the said Sir John Brampston then Lord Chief Justice of the Court of Kings Bench about Trinity Term 1637. refused to Bail or Discharge Alexander Jenings Prisoner in the Fleet brought by Habeas Corpus to the Barr before him the return of this Commitment being two several Warrants from the Lords of the Council Dated the fifth of November 1635. the first expressing no cause the other for not paying Messengers Fees and until he should bring Certificate that he had paid his Assesment for Ship-money in the County of Bucks And the said Sir John Brampston the first Warrant being only read then said The cause of his Commitment did not appear and that it was not fit for every Goaler to
for a Prohibition to stay Proceedings in the Court Christian at Norwich and delivered into the said Court of Kings-Bench his Suggestions that the said Cause in the said Court Christian was for Tythes for Rents of Houses in Norwich which was determinable by the Common Law only yet he the said Sir John Brampston being Chief Justice of the said Court of Kings-Bench and sitting the said Court deferred to grant a Prohibition to the said Court Christian in the said Cause although the Councel did move in the said Court several Times and several Terms for a Prohibition And he the said Sir John Brampston deferred to grant His Majesties Writs of Prohibition to several Courts on the Motions of divers others of His Majesties Subjects where the same by Laws of this Realm ought to have been granted contrary to the Laws of this Realm and his own knowledg And the said Commons by Protestation saving to themselves only the Liberties of Exhibiting at any time hereafter any other Accusation or Impeachment against the said Sir John Brampston and also of replying to the Answer that he the said Sir John Brampston shall make unto the said Articles or any of them or of offering Proofs of the Premisses or any of their Impeachments or Accusations that shall be exhibited by them as the Case shall according to the Course of Parliament require do pray that the said Sir John Brampston Lord Chief Justice of the Court of Kings-Bench may be put to answer to all and every the Premisses and that such Proceedings Examinations Tryals and Judgments may be upon every of them had and used as is agreeable to Law and Justice Mr. Hollis also according to the Order of the House of Commons at this Conference made application to their Lordships in the behalf of Sir Randal Crew in this manner My Lords THese Gentlemen have represented unto your Lordships the sad object of Justice perverted Liberty oppressed Mr. Denzil Hollis his Speech about Sir Randal Crew July 6. 1641. of Judgment turned into Worm-wood the Laws which should be the Bars of our Gates to protect us keep us and all that is ours in safety made weak and impotent to betray us unto the hands of violence instead of Props to support us become broken Reeds to deceive us and run into our sides when we lean upon them even so many snares to entrap and entangle us And all this by the perfidiousness of those who are entrusted with our Laws who call themselves the Guardians and the Interpreters of the Law but by their accursed Glosses have confounded the Text and made it speak another Language and another Sense than ever our Ancestors the Law-makers intended Our Ancestors made Laws to keep themselves their posterity after them in the possession of their Estates these Judges could make the Law it self rob us and despoil us of our Estates Were we invaded and persecuted at any time for pretended Crimes or rather because they were free from Crime And did we put our selves upon a legal defence and shelter our selves under the Buckler of the Law use those Lawful Weapons which Justice and Truth and the Common Right of the Subject did put into our hands would this avail us No these Judges would make the Law wrest our Weapons from us disarm us take away all our defence expunge our Answers even bind us hand and foot and so expose us naked and bound to the mercilesness of our Oppressors were our Persons forced and imprisoned by an Act of Power would the Law relieve us when we appealed unto it No it would joyn hands with violence and add bitterness to our sorrow these Judges would not hear us when we did cry no importunity could get a Habeas Corpus Nay our cryes would displease them and they would beat us for crying and over-do the unjust Judge in the Gospel with whom yet importunity could prevail My Lords The Commons of England finding themselves in this lamentable condition by the wickedness of these Judges It is no wonder that we complain of them it is no wonder if the Knights Citizens and Burgesses Assembled in Parliament have sent up some of their Members to stand upon Mount Ebal to Curse these Judges to denounce a Curse upon them who have removed our Land-marks have taken away the Bound-stones of the Propriety of the Subject have left no Meum Tuum but he that had most might had most right and the Law was sure to be on his side It hath been the part of these Gentlemen who have spoken before me to pray for justice upon those men who would not do justice to others My Lords I come upon another Errand and yet for justice too for there is justice upon Mount Gerezim as well as upon Mount Ebal It is as great a point of justice to give a blessing a reward where it is due as punishment where punishment is due For reward and punishment Praemium poena be the two legs that Justice walks on and reward is her right leg the more noble and the more glorius Supporter of that Sacred and Divine Body that which God himself the Foundation of Justice doth more delight in Tradior ad poenas Deus est ad praemia velox Punishment is good as Physick in the Consequence Reward as wholesome and nourishing Food in the Essence the one we do because we must do it as necessary the other because we love to do it as being pleasing and delightful Your Lordships then I doubt not will as willingly joyn with the Commons in doing good to a good Judge as in punishing of the bad My Lords We honour them and reckon them Martyrs for the Common-wealth who suffer any thing by defending the Common Right of the Subject when they will not part with their own Goods contrary to Law when indeed their private interest goes along with it or rather before it and the publick Concernment seems to come but in a second place such were those many whom these Judges have oppressed yet these Men we magnifie and judge worthy of Praise and Reward But what honour then is he worthy of who meerly for the publick hath suffered himself to be divested and deprived of his particular such a Judge as would lose his place rather than do that which his Conscience told him was prejudicial to the Common-wealth Is not he worthy of double honour And this did that Worthy Reverend Judge the chief Judge of England at that time Sir Randol Crew because he would not by subscribing countenance the Loan in the first year of the King contrary to his Oath and Conscience he drew upon himself the displeasure of some great Persons about his Majesty who put on that project which was afterwards condemned by the Petition of Right in the Parliament of Tertio as unjust and unlawful and by that means he lost his place of Chief Justice of the King's-Bench and hath these fourteen years by keeping his innocency lost the
That there should be some publick Notice given of the Day appointed for publick Thanksgiving for the Pacification being the seventh of September and a Declaration for this purpose being framed and read was carried up to the Lords for their Concurrence which they readily gave the Order was as follows An Ordinance of Parliament for a Day of Publick Thansgiving for the Peace Concluded between England and Scotland WHereas it hath pleased Almighty God to give a happy close to the Treaty of Peace The Ordinance of Parliament for the Thanksgiving for the Pacification Aug. 27 1641. between the two Nations of England and Scotland by his wise Providence defeating the evil hopes of the subtil Adversaries of both Kingdoms For which great Mercy it was by the Kings Most Excellent Majesty the Lords and Commons in this present Parliament Enacted That there should be a publick Thanksgiving in all the Parish Churches of his Majesties Dominions It is now ordained and declared by the Lords and Commons in Parliament that the time for the Celebration of that Publick Thanks to Almighty God for so great and publick a Blessing shall be on Tuesday the seventh of September next by Prayers Reading and Preaching of the Word in all Churches and Chappels of this Realm whereof We require a Careful and due Observance That we may joyn in giving Thanks as we partake of the Blessing with Our Brethren in Scotland who have designed the same Day for that Duty Die Veneris 27. die Augusti 1641. Ordered by the Lords in Parliament that the abovesaid Ordinance be Printed God save the KING There was also a Conference with the Lords about the adjournment or Recess of the Parliament for some time Conference about the Recess of the Parliament the Lords liked the time of the Adjournment which was to be the ninth of September but desired the Adjournment might be till the first of November but the Commons who had before voted in their House that it should continue only till the 20th of October were resolute as indeed generally they were to yield little to the Lords not to depart from their former Vote and therefore returning from the Conference upon the Debate it was Resolved upon the Question That this House shall insist upon the former Day of Return to be the 20 of October And the Reasons which were presented to the Lords were 1 The Nature of the Causes which are depending in both Houses some whereof being for High Treasons and the Impeachment of the Judges the Inception of which Businesses they desire may be before the next Term. 2 The time of Payments of Monies promised to the City of York falls out to be before the first of November therefore they desire their Lordships would joyn with them to have the Recess only till the 20th of October next To which the Lords condescended provided there fall out no emergent Occasion between this and Wednesday come seven Night Ordered That the Lords be kept together until the Recess A Petition having been presented to the Lords by Sir George Radcliff A Petition of Sir George Radcliff and a Letter to the Lords Chief Justices in Ireland upon it Aug. 27. 1641. complaining that he being seized in Fee of some Lands in Ireland is dispossessed of the same in respect of the Impeachment of Treason against him here by means whereof he hath not received any thing out of his Estate in Ireland for about six Months last and so had wanted Bread if he had not been supplied by the Charity of some Friends He therefore humbly prays that he may be restored to his said Estate and be Enabled by Order of this House to demand his Rents there due unto him whereby he may be able to sustain himself and his Family from want Hereupon the Lord Privy Seal the Lord Bishop of Lincoln and the Lord Wharton were Ordered to draw up a Letter to be sent to the two Chief Justices in Ireland to desire them to prevent by what Legal way they can the Estate of the said Sir George Radcliff from Ruine whereby he may have Maintenance to sustain him The Tenor of which was this AFter my very heartiest Commendations c. unto your Lordships I am to give your Lordships to understand from the Right Honorable the Peers Assembled in Parliament That their Lordships having taken the Petition of Sir George Radcliff into their Mature Consideration a Copy whereof your Lordships shall receive herewith inclosed they do not as yet apprehend any Reason why the Petitioners Estate upon an Impeachment only should be so sequestred and the Lands and Leases so entred upon and invaded as that he should have no Means left him for his Maintenance and other Necessaries during the time of his Imprisonment But because your Lordships to whom his Most Excellent Majesty hath committed the Justice and Government of the Kingdom may know more of these Particulars by reason of your being upon the Place where these Debts Goods and Estates have had their Existence My good Lords the Peers of this House do recommend the Care of this Business unto your Lordships to aid the Petitioners Agents in this kind by all the Ways of Justice and Equity to recover such Debts Rents and other Profits as by Law and Justice remain due to Sir George Radcliff for his Maintenance and Necessary Vses until some further Act or Acts of Law and Justice shall otherwise direct and dispose of the said Premises And so I bid your Lordships heartily Farewell Your loving Friend E. Littleton C. S. To the Right Honorable my very good Lords Sir W. Parsous and Sir J. Borlase his Majesties High Justices for the Kingdom of Ireland The Request of the Spanish and French Ambassadors to have Liberty to entertain such of the disbanded Troops both in England and Ireland as they can agree with was this day Debated in the House of Commons upon which Occasion Sir Benjamin Rudyard made this following Speech Mr. Speaker THis is a business of great Consequence Sir Benjamin Rudyard's Speech against suffering the Spaniards or French to have the disbanded Soldiers Aug. 28. 1641. and therefore requires a well advised Resolution I will put France and Spain together take them both before me because the Reasons will serve the one and the other as they stand in Relation to us We are Mr Speaker so bounded by the nature of our Situation as we are not so proper to extend our selves upon the firm Land of our Neighbours Our Aptitude is rather to Ballance which being rightly used may make the King the great Arbiter of all the Affairs of Christendom by assisting withholding or opposing Henry the Eighth is an example of this King Henry gave upon this account this Motto Cui adhaereo praeest He was sometimes of the side of the Emperor other times of the French Party according as he saw either sides of the Scales to weigh heavier or higher some might think this to be
who invaded England faithful and Loyal Subjects in all Churches and Chappels upon the Thanksgiving Day between the Kingdoms of England and Scotland it was desired by the Commissioners of Scotland that the Loyalty and Faithfulness of his Majesties Subjects might be made known at the time of the Publick Thanksgiving in all Places and particularly in all Parish Churches of his Majesties Dominions which Request was graciously condescended unto by his Majesty and confirmed by the aforesaid Act. It is now Ordered and Commanded by both Houses of Parliament that the same be effectually done in all Parish Churches throughout this Kingdom upon Tuesday the 7th day of September next coming at the time of Publick Thanksgiving by the several and respective Ministers of each Parish Church or by their Curates who are hereby required to read this present Order in the Church Thus did they resolve not only to conquer but to triumph and this was also to be a little kind of Shibboleth for the Clergy for who ever did either speak any thing against the Scots or declined this Declaration of their Loyalty and Fidelity to the King which it was very difficult for Men of sense to believe and therefore more hard for Men of Conscience to declare were certain to be esteemed Malignants and upon the least Complaint were sure to be sent for in the Custody as Delinquents It was also Ordered That Mr. Marshal and Dr. Marshal and Burgess to preach before the Commons upon the Thanksgiving Day A Petition of some Merchants to seize some Parts of America Burgess be desired to Preach before the House of Commons upon the Thanks-Giving Day at St. Margarets Church in Westminster A Petition was presented to the House by several Merchants about the Town consisting principally of three Heads 1 That there might be a certain number of Ships well appointed and stored with Ammunition and Provision for such a Service to be sent to America and some Part to Affrica whereby we might possess our Selves with the Riches of those Countries 2 That the Spanish Party is now grown weak which may induce us with greater alacrity to attempt it 3 That we may thereby become possessed of the Command of both the North and South Seas which will both increase Commerce Shipping Sea-Men and Trade at Home and render us Formidable and Powerful Abroad The Lord Keeper signified to the House that he had received a Letter from the King at Edenburgh by Mr. Anthony Nichols who was the Express sent from both Houses to His Majesty in Scotland The Letter was read in haec verba RIght Trusty and well Beloved We greet you well Whereas We have understood by the Petition of both Houses of Our Parliament in England The King's Letter to the L. Keeper about the Commission to the Committees of both Houses which Anthony Nichols Esquire hath been imployed to Vs from them that they are resolved to send down certain of their Members for to see the Ratification of the Treaty of Pacification by the Parliament here and to that end have desired a Commission under Our Great Seal We do not hold necessary to sign any such Commission but are hereby graciously pleased to give leave to the said Members to come and attend Vs here in Scotland to see the Ratification of the said Treaty and what else belongs thereunto and this We require you to signifie unto both Houses from Vs Given under Our Signet at Our Court of Edenburgh and the 25th Day of August in the 17 Year of Our Reign Such was the Ungovernable Insolence of the Rabble of those who called themselves the Well-Affected Party by their having been indulged because not severely Punished in the Case of the Earl of Strafford that upon every Occasion like a Fire ill quenched they broke out into Disorder and Outrages which was the Occasion of this following Order of the Lords UPon Information this Day to this House An Order of the Lords about the Tumults concerning the French Ambassador Aug. 30. 1641. that the French Ambassador and his Servants hath been lately Assaulted in his own House by a Company of Rude and Insolent People unto the great Dishonor of Our Nation and to his Lordships insufferable Wrong Injury and Dishonor whereof this House is very sensible and do intend that all possible Diligence be used for the finding out of the Malefactors for the Punishment of them to the Example and Terror of others that none may presume hereafter to commit the like Outrages to any Ambassadors of whom this House will always take regard It is therefore thought fit and Ordered by this House That Mr. Hooker Mr. Long Mr. Whittacre and Mr. Shepheard his Majesties Justices of the Peace or any two or more of them shall speedily take this Business into their Examination and by all Dilligence that may be used find out the said Malefactors and to Imprison them until they find out Sureties for their good Behavior and to appear in this House on Monday the 6th of September 1641. to undergo such Punishment as their Lordships shall think fit to inflict upon them for their said Offences and Misdemeanors so committed as aforesaid And that the said Justices of the Peace having throughly examined the Business shall make Certificate unto this House on the said sixth day of September next of all the whole Matter and how they find it that thereby their Lordships may proceed therein according to that which shall be Just And lastly That the aforesaid Justices shall give Order That there shall be Watch set according to Law for the better securing the Safety of the Ambassador and his House and for preventing Disorderly and Tumultuous Assemblies Ordered That the Lord Great Chamberlain Lord Chamberlain Earl Warwick Lord Kymbolton do acquaint the French Ambassador from this House that their Lordships have taken this Business into Consideration The House of Commons also took the Case of Sir John Corbet into debate whe for saying at a Quarter Sessions in the County of Salop That the Muster Masters Wages throughout England were illegal and against the Petition of Right c. had been Imprisoned and Fined by the High Commission Court and it was Ordered That the late Lord Keeper Coventry the Archbishop of Canterbury and others who were the Occasions of it shall make him Reparations for his Sufferings and Damages and a Conference was desired with the Lords upon it where the Managers of the Commons delivered to their Lordships a Transmission of an Impeachment concerning the Cause of Sir John Corbet a Member of the House of Commons against the Earl of Bridgwater the Lord Privy Seal the Archbishop of Canterbury the Lord Cottington the Lord Newburgh and the two Secretaries of State in which the House of Commons desire that the several Persons whom it concerns may be called to answer and that their Lordships would proceed therein according to Justice and that Sir John Corbet may have Reparation for his Imprisonment
any Loss in their Fat 's Panns or otherwise by occasion of the Corporation of Westminster Resolved c. That the Obligation entred into by the Soapers of London to his Majesty upon their Deliverance out of Prison upon the Sentence of Star-Chamber conditioned that they would not make any more Soap without the License of the Corporation of Westminster were Illegal and contrary to the Liberty of the Subject Resolved c. That Sir John Hales Francis Plowdon Fitz Williams Conisby Delinquents about the Soap-Patent sent for by the Serjeant at Arms. Edmund Windham John Gifford George Vaughan _____ Stradlings shall be sent for as Delinquents by the Serjeant at Arms attending this House It was Ordered That according to the Order of the Ninth of November last Mr. Fitz Williams Conisby shall be expelled this House he being a Monopolist and that the Speaker Issue out a Warrant to the Clerk of the Crown for a Writ for a new Election for a Member to serve for the County of Hertford in his Place It was also Ordered Burgess to Preach before the Commons November 5th Monday Novemb. 1. The News of the Irish Rebellion which broke out upon Saturday October 23. That Doctor Burgess shall be desired to Preach before this House upon the Fifth of November This day the Lord Keeper informed the House of Lords That the Lord Lieutenant General of Ireland having yesterday Morning received a Pacquet of Letters and Examinations from the Justices and Council of Ireland discovering an Insurrection and Treason in that Kingdom and that the Rebels have already committed divers Murders and fired Houses and Villages of the Protestants there Vpon this the Privy-Council met at White-Hall and considering it to be a Matter of so great Importance thought it not fit to omit any Opportunity nor loose Time therefore because this House was appointed not to sit until this Afternoon * The L. Keeper the L. P. Seal L. High Chamberlain E. Marshal L. Admiral L. Chamberlain E. of Bath E. of Dorset E. of Leicester E. of Warwick E. of Holland E. of Berks E. of Bristol L. Viscount Say and Seal L. Mandeville L. Goring L. Willmot acquaint the Commons with the Irish Rebellion After they had staied a little Chairs were brought them and the Speaker desired them in the Name of the House to sit and be covered the Lords of the Council as Privy Counsellors thought it expedient to communicate the same speedily to the House of Commons and this Morning in a full House their Lordships in Person caused the Letters and Examinations concerning the Business to be publickly read unto them and desired the House of Commons to take the same into Consideration Hereupon the Letters and Examinations were read first a Letter which was sent from the Council of Ireland to the Lord Lieutenant General as follows May it please Your Lordship ON Friday the 22th of this Month after Nine of the Night The Letter from the Council of Ireland to the Lord Lieutenant General of the Discovery of the Irish Rebellion this Bearer Owen Connelly Servant to Sir John Clotworthy Knight came to me the Lord Chief Justice Parsons to my House in great secresie as indeed the Case did require and discovered unto me a most wicked and damnable Conspiracy plotted and contrived and intended to be also acted by some evil affected Irish Papists here The Plot was on the then next Morning Saturday the 23 of October being * * Ignatius Loyola not the Martyr Ignatius the Tutelar St. of Romish Rebels Ignatius Day about Nine of the Clock to surprize His Majesties Castle of Dublin His Majesties chiefest strength of this Kingdom wherein also is the principal Magazine of His Majesties Arms and Munition And it was agreed it seems among them that at the same hour all other His Majesties Forts and Magazines of Arms and Munition in this Kingdom should be surprised by others of the Conspirators And further That all the Protestants and English throughout the whole Kingdom that would not joyn with them should be cut off and so those Papists should then become possessed of the Government and Kingdom at the same Instant As soon as I had that Intelligence I then immediately repaired to the Lord Justice Borlace and thereupon we Instantly Assembled the Council and having sat in Council all that night as also all the next day the 23 of October in regard of the short time left us for the Consultation of so great and weighty a matter although it was not possible for us upon so few hours warning to prevent those other great mischiefs which were to be acted even at that same hour and that at so great distance as in all the other parts of the Kingdom yet such was our industry therein having caused the Castle that Night to be strengthned with Armed Men and the City Guarded as the wicked Councels of those Evil Persons by the great Mercy of God to us became defeated so as they were not able to act that part of their Treachery which indeed was principally intended and which if they could have effected would have rendred the rest of their Purposes the more easie Having so secured the Castle we forthwith laid about for the Apprehension of as many of the Offenders as we could many of them having come to this City but that night intending it seems the next morning to act their Parts in those Treacherous and Bloody Crimes The first man apprehended was one Hugh Mac-Mahon Esq Grand-son to the Traytor Tyrone a Gentleman of a good fortune in the County of Monoghan who with others that morning was taken in Dublin having at the time of their apprehension offered a little resistance with their Swords drawn but finding those we imployed against them more in Number and better Armed yielded He upon Examination before us at first denied all but in the end when he saw we laid it home to him he confessed enough to destroy himself and impeach some others as by a Copy of his Examination herewith sent may appear to your Lordship We have committed him until we might have further time to Examine him again our time being become more needful to be imployed in Action for securing the Place then in Examining This Mr. Mac-Mahon had been abroad and served under the King of Spain as a Lieutenant Colonel upon Conference with him and others and calling to mind a Letter which we received before from Sir William Cole a Copy whereof we send your Lordship here inclosed we gathered that the Lord Mac-guire was to be an Actor in surprizing the Castle of Dublin wherefore we held it necessary to secure him immediately thereby also to startle and deterr the rest when they found him laid fast His Lordship observing what we had done and the City in Arms fled from his Lodging early before Day it seems disguised for we had laid a Watch about his Lodging so as we think he could not pass without
Provinces of Munster and Connaght as also to the Sheriffs of five Counties of the Pale to consult the best way and means of their own preservation That day the Lord Viscount Gormanstoun the Lord Viscount Netterville the Lord Viscount Fitz-Williams and the Lord of Lowth and since the Earls of Kildare and Fingal and the Lords of Dunsany and Slane all Noblemen of the English Pale came unto us declaring That they then and not before heard of the matter and professed all Loyalty to His Majesty and Concurrence with the State but said they wanted Arms whereof they desired to be supplied by us which we told them we would willingly do as relying much on their faithfulness to the Crown but we were not yet certain whether or no we had enough to Arm our strengths for the guarding of our City and Castle yet we supplied such of them as lay in most danger with a small proportion of Arms and Ammunition for their Houses lest they should conceive we apprehended any Jealousie of them and we commanded them to be very diligent in sending out Watches and making all the Discoveries they could and thereof to advertise us which they readily promised to do And if it fall out that the Irish generally rise which we have cause to suspect then we must of necessity put Arms into the hands of the English Pale in present and others as fast as we can to fight for the defence of the State and themselves Your Lordship now sees the Condition wherein we stand and how necessary it is first That we enjoy your Presence speedily for the better guiding of these and other Publick Affairs of the King and Kingdom And secondly That the Parliament of England be moved immediately to advance to us a good Sum of Mony which being now speedily sent hither may prevent the expence of very much Treasure and Blood in a long continued War And if your Lordship shall happen to stay on that side any long time we must then desire your Lordship to appoint a Lieutenant General to discharge the great and weighty burthen of commanding the Forces here Amidst these confusions and disorders fallen upon us we bethought us of the Parliament which was formerly Adjourned to November next and the Term now also at hand which will draw such a concourse of People hither and give opportunity under that pretence of Assembling and taking new Councils seeing the former seems to be in some part disappointed and of contriving further danger to this State and People We therefore found it of unavoidable necessity to Prorogue the Parliament to the 24th day of February next and therefore we did by Proclamation Prorogue it accordingly and do direct the Term to be Adjourned to the first of Hillary Term excepting only the Court of Exchequer for the hastening in the King's Money We desire that upon this occasion your Lordship will be pleased to view our Letters concerning the Plantation of Connaght dated the 24th of April last directed to Mr. Secretary Vane in that part thereof which concerns the County of Monoghan where now these fires do first break out In the last place we must make known to your Lordship That the Army we have consisting but of 2000 Foot and 1000 Horse are so dispersed in Garrisons in several Parts of the four Provinces for the security of those Parts as continually they have been since they were reduced as if they be all sent for to be drawn together not only the Places where they are to be drawn from and for whose safety they lye there must be by their absence distressed but also the Companies themselves coming in so small numbers may be in danger to be cut off in their march nor indeed have we any mony to pay the Soldiers to enable them to march And so we take leave and remain From His Majesties Castle of Dublin 25 Oct. 1641. Your Lordships to be Commanded William Parsons John Borlase Robert Boulton Canc. J. Dillon Anth. Midensis Jo. Raphoe Thomas Rotherham Fra. Willougbly Jo. Ware Ro. Digby Adam Loftus Jo. Temple Gerrard Lowther George Wentworth Ro. Meredith Postscript The said Owen Connelly who revealed this Conspiracy is worthy of great Consideration to Recompence that Faith and Loyalty which he hath so extremely to his own danger expressed in this business whereby under God there is yet hope left us of Deliverance of this State and Kingdom from the wicked purposes of those Conspirators And therefore we beseech your Lordship that it be taken into Consideration there so as he may have a mark of His Majesties most Royal Bounty which may largely extend to him and his Posterity we being not now able here to do it for him William Parsons As we were making up these our Letters the Sheriff of the County of Monoghan and Dr. Teale having fled came unto us and informed us of much more Spoil committed by the Rebels in the Counties of Monoghan and Cavan and that the Sheriff of the County of Cavan joyns with the Rebels being a Papist and Prime Manof the Irish William Parsons Robert Digby John Dillon Adam Loftus Then Sir William Cole's Letter which had given some Light to the Conspiracy was read as followeth Right Honorable UPon Friday last Two of the Natives of this County Sir William Cole's Letter to the Lord Justices of Ireland just before the discovery of the Rebellion Men of good Credit came to my House and informed me that Hugh Boy Mr. Tirlagh Mr. Henry O Neal a Captain which came from Flanders about May last hath since that time had the chiefest part of his Residence in Tyrone at or near Sir Phelem Roe O Neal 's House to which Place it hath been observed there hath been more then an Ordinary or former Vsual resort of People so frequent that it hath bred some Suspition of Evil Intendments in the Minds of sundry Men of honest Inclinations and these Gentlemen my Authors do say that they do hold no good Opinion of it rather construing an evil Intention to be the Cause thereof For my own part I cannot tell what to make or think of it The Lord Maguire in all that time as they inform me also hath been noted to have very many private Journeys to Dublin to the Pale into Tyrone to Sir Phelim O Neals and many other Places this Year which likewise gives diverse of the Country Cause to doubt that something is in Agitation tending to no good Ends. Vpon Saturday last one of the same Gentlemen came again to me and told me that as he was going Home the Day before he sent his Footman a nearer Way then the Horse Way who met with one of the Lord Inskillins Footmen and demanded of him from whence he came Who made Answer That he came from Home that Morning and the other replying said You have made good hast to be here so soon to which he answered That his Lord came Home late last Night and writ Letters all
And being demanded whether the Lord Mac-guire was one appointed to this Business he at last said he thought he was William Parsons R. Dillon Ad. Loftus J. Temple Tho. Rotherham R. Meredith The Examination of Richard Grave of Dronibote in the County of Monoghan The Examination and Deposition of Richard Grave concerning the Irish Rebellion Yeoman taken the 25th of October 1641. WHo saith That on Friday last the 22d of this Month a little before Night a Son of Art-Oge Oneal's of the Fues whose Name he knoweth not accompanied with about One hundred of the said Art-Oge's Tenants Armed with Swords Pitchforks and some Muskets came to Dronibote aforesaid to the House of William Grave Brother to the said Richard and having broken down the Doors and Windows of the said House they Rifled it and robbed him of all the Money they could find there and of sundry other Goods which they were able to carry away and when they had so done they came to the House of William Grave the Elder Father to the Examinat and having broken down the Doors of the said House they robbed him of all his Money Linnen and Clothes and sundry other Goods He saith also That the same Night they broke into and robbed the House of Sir Henry Spotswood in the same Town and took from thence all the Money and Plate which they found there as also divers Houshold-Goods and a fair Stone-Horse He saith also That about Twelve a Clock the next Day the same persons came again to the said Town accompanied with Two or Three hundred more and then Robbed and spoiled it of all the rest of the Goods and Chattels which they found and presently after they set fire upon all the Houses there and burnt them to the Ground he saith also That the Goods which his Father and himself and his Brother did lose thereby were worth 500 l. and that he verily believes that the Goods which Sir Henry Spotswood lost thereby were worth 1000 l. at least He saith further That on Friday aforesaid while the said Art-Oge's Son was in this Examinat's Father's House he heard him the said Art-Oge's Son and one Patrick Mac-Cadron of Drombee who was one of them who were then in the Company say That it was but the Beginning but before they had done they would not leave one alive Rich nor Poor who went to Church and saith also That the said Art-Oge's Son and Patrick Mac-Cadron said there That by the next Night Dublin would be too hot for any of the English Dogs to live in James Ware The Proclamation which was set out and dispersed to as many Places as it was possible to give Notice of the Discovery of the Conspiracy was in haec verba The Proclamation of the Lords Justices and Council of Ireland to stop the Rebellion Oct. 23. 1641. By the Lords Justices and Council William Parsons John Borlase THese are to make Known and Publish to all his Majesties good Subjects in this Kingdom of Ireland That there is a Discovery made by Vs the Lords Iustices and Council of a most Disloyal and detestable Conspiracy intended by some Evil Affected Irish Papists against the Lives of Vs the Lords Iustices and Council and many other of his Majesties faithful Subjects Vniversally throughout this Kingdom and for the Seizing not only of his Majesties Castle of Dublin his Majesties principal Fort here but also of all the other Fortifications in the Kingdom and seéing by the great Goodness and abundant Mercy of Almighty God to his Majesty and this State and Kingdom those wicked Conspiracies are brought to Light and some of the Conspirators committed to the Castle of Dublin by Vs by His Majesties Authority so as those wicked and damnable Plots are now disappointed in the Chief Parts thereof We therefore have thought fit hereby not only to make it publickly known for the Comfort of His Majesties Good and Loyal Subjects in all Parts of the Kingdom but also hereby to require them That they do with all Confidence and Chearfulness betake themselves to their own Defence and stand upon their Guard so to render the more Safety to themselves and all the Kingdom besides and that they Advertize Vs with all possible Speéd of all Occurrents which may concern the Peace and Safety of the Kingdom and now to shew fully that Loyalty and Faith which they had always shown for the Publick Services of the Crown and Kingdom which We will value to His Majesty accordingly and a special Memory thereof will be retained for their Advantage in due time and We require That great Care be taken that no Levies of Men be made for Forreign Service nor any Men suffer'd to March upon any Pretence Given at his Majesties Castle at Dublin 23th of October 1641. Robert Dillon Adam Loftus Tho. Rotheram James Ware Robert Digby John Temple Fra. Willoughby Robert Meredith Two private Letters were read sent to the Lord Lieutenant the one from Sir John Borlase one of the Lords Justices of Ireland the other from Sir John Temple declaring the State and Danger which that Kingdom is in if there be not present Supply both of Arms Men and Money from England Likewise the Lord Keeper acquainted the House The Irish Letters Ordered to be opened That the Lords of the Council being informed of the Pacquets of Letters that came this Week from Ireland have sent out their Orders and stayed them and committed them into the Hands of the Gentleman Vsher until their Lordships further Directions be known herein Whereupon the Lord Privy Seal Lord Admiral Lord Chamberlain Earl of Bath Earl of Southampton Earl of Leicester and Earl of Warwick were appointed to be a Committee to open and read such Letters as conduce any thing to the discovery of the Affairs of Ireland and to report the same to this House and to return those which concern Merchants Affairs to the-Post Master to be delivered to the Owners their Lordships or any Seven or more of them to meet when they please and have Power by virtue hereof to divide themselves into several by any four or more as they shall see Occasion In the Commons House after the reading of the above related Papers concerning this Horrid Conspiracy in Ireland the House was resolved into a Committee of the whole House to consider what was to be done upon this Emergency and several Votes were passed for several Heads of a Conference which was Ordered to be desired with the Lords upon this Occasion which the Reader to avoid Repetition will find in the Report of that Conference together with the several Answers of the Lords unto them Among other Votes for a Recompence and Incouragement to Owen ô Connelly the first Discoverer of this Detestable Treason it was Resolved upon the Question A Reward voted to Connelley for discovering the Irish Rebellion That Owen Connelly who discovered this Great Treason in Ireland shall have 500 l. presently paid him and 200 l. per
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
Allegiance of this Kingdom what is this but to extol other then Regal Authority and to Crucify the Majesty of our Most Gracious Soveraign betwixt the two Thieves of Government Tyranny and Treason My Lords having such a full and lasting Gale to drive me into the Depth of these Accusations I cannot hereby Steer and Confine my Course within the Compass of Patience since I read in the first Volums of their Brows the least of these to be the certain Ruine of the Subject and if prov'd a most favourable Prologue to usher in the Tragedy of the Actors Counsellors and Abetters herein What was then the first and main Question it was the Subversion of the Fundamental Laws of this Kingdom Let then Magna Charta that lies Prostrated Besmeared and Grovelling in her own Gore discount her Wounds as so many Pregnant and Undeniable Proofs mark the Epethite Magna 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 confirmed by thirty Parliaments in the Succession of eight Kings the Violation of which hath several times ingaged the Kingdom of England in a Voluntary Sacrifice a Charter which imposeth that Pleasant and Wel-becoming Oath upon all Soveraignty to vindicate and preserve the Immunity thereof before the Crown incircle their Royal Temples in this Oath of so high consequence and general Interest his Majesty doth in a manner levie a fine to his Subjects use for avoiding all frandulent conveyances in the Administration of Justice And this Oath is transplanted unto the Judges as the Feoffees in trust appointed between his Majesty and the Subject and sealed by his Majesties provident care with that emphatical penalty that their Estates and Lives shall be in the Kings mercy upon the Violation of the same either in whole or in part neither hath the deserved punishment for the breach of this Oath enacted as fulgura ex vitrio or as bugbears to inforce the obedience of Children no my Lords the just execution of it upon their Predecessors though in breaches not so capital might have warned them to have strangled their ill born resolutions in the Cradle before they now proclaim their infancie and petition for their punishment Witness Sir Thomas Weyland his banishment confiscation of his Goods and Lands only for his mercenary Justice contrary to his Oath who was Chief Justice of the Common Pleas in the time of Edward the first Witness Sir William Thorp Chief Justice of the Kings Bench in the time of Edward the Third who was adjudged to be hanged because he had broken the Kings Oath made unto the People wherewith he was intrusted in the Roll. Now my Lords though Magna Charta be sacred for antiquity though its confirmation be strengthned by Oath though it be the proper Dictionary that expounds meum tuum and assignes a Subject his Birth-right yet it only survives in the Rolls but now miserable rent and torn in the practice These words Salvo contenemento live in the Rolls but they are dead in the Castle Chamber These words Nullus liber homo ejicitur è libero suo tenemento in praejudicium parium live in the Rolls but they are dead where property and free-hold are determined by paper-Petitions These words Nulli vendemus nulli differemus Justitiam live in the Rolls but they are dead when the Suites Judgments and Execution of the Subjects are wittingly and illegally suspended retarded and avoided Shall we desire to search the mortal wounds inflicted upon the Statute Laws who sees them not lying upon their death Bed stab'd with Proclamations their primitive and genuine tenures escheated by Acts of State and strangled by Monopolies Will you survey the Liberties of the Subjects every Prison spues out illegal Attachments and Commitments every Pillory is dyed with the forced Blood of the Subjects and hath ears though not to hear yet to Witness this complaint Do you doubt of the defacement of the amiable Offices of his Majesties most transplendent and renowned Justice and Grace let then that Microcosme of Letters Patents confirmed under his Majesties and his Predecessors broad Seal of the Kingdom being the publick faith thereof and yet unchristened by frivolous and private opinions rise up in Judgment let the abortive Judgment of the tenure in Capite where no tenure was exprest nay let the Heretical and Traiterous opinions where the Tenure was exprest yet to draw in all by Markets and Faires granted in the same Patents rise up in Judgments What glass hath this unhappy divided Kingdom from his Majesties presence and audience to contemplate the fair and ravishing form of his Royal intentions in but in the clear and diaphanous administration of his Justice and what do these Trayterous and Illegal practises aim at but in affront to his Majesty which we most tenderly resent and discontent to his Subjects to multiply as by a Magick Glass the Royal dispensation of his Favors into the ugly and deformed Visage of their Suppression of the Liberties Devastation of the Estates and the Deprivation of the Lives of his Loyal Subjects so that it may be said Regali Capiti cervicem consul equinam Jungere sic vellet variasque inducere plumas My Lords these ought to be considered with as serious an Ear as they were practised by mischievous Experiments Inquire of the Netherlands why their Fields are grown Fertile by the Inundation of Blood why the pensive Matrons solemnize too too frequent Funerals of their Husbands and Issue and they will Answer you it was for the Preservation of their Hereditary Laws which Tyranny would have innovated This Kingdom personated in the sable Habit of a Widdow with dishelved Hairs seems to Petition your Lordships That since she is a Mother to most of us yet certainly a Nurse unto us all that you would make some other for Redress of her Tyrannical Oppression These Persons Impeached resemble the opacous Body of the Earth interposed to Ecclipse that Light and Vigor which the solar Aspect of Majesty would communicate unto his Subjects They Imitate the Fish Sepia that vomits a Dark Liquor out of her Mouth to cloud the Waters for her securer Escape They are those whom to the Keys have been committed yet they have barred the Do or to them that Knoc't They are those Unnatural Parents that give their Children Stones instead of Bread and Scorpions for Fish Was it for this purpose that the Royal Authority situated them in these Eminent Places that like Beacons upon high Hills they should Discover and Proclaim each Innovation and Stratagem against the Publick Weal whilest they in the mean time imploy therein Fire to Publick Incendiary or like Ignes fatui seduce the easie and believing Traveller into Pits and unexpected Myres Were they sworn to Seal their Damnation and not their Confirmation of our Liberty Estates and Lives Shall a man be censured for Perjury in that Breach of his private Faith and those be justifiable in Treason aggravated by Perjury against the Dignity of the Crowns and Publick Faith of the Kingdoms No
this Kingdom and in Pursuance thereof they and every of them have Traiterously Contrived Introduced and Exercised an Arbitrary and Tyrannical Government against Law thorowout this Kingdom by the Countenance and Assistance of Thomas Earl of Strafford then Chief Governor of this Kingdom II. That they and every of them the said Sir Richard Bolton Knight Lord Chancellor of Ireland John Lord Bishop of Derry Sir Gerard Lowther Knight Lord Chief Justice of the Common-Pleas and Sir George Radcliffe Knight have Traiterously assumed to themselves and every one of them regal Power over the Goods Persons Lands and Liberties of his Majesties Subjects in this Realm and likewise have Maliciously Perfidiously and Traiterously Given Declared Pronounced and Published many False Unjust and Erroneous Opinions Judgments Sentences and Decrees in Extrajudicial manner against Law and have Perpetrated Practised and Done many other Traiterous and unlawful Acts and Things whereby as well divers Mutinies Seditions and Rebellions have been raised as also many Thousands of his Majesties Liege People of this Kingdom have been Ruined in their Goods Lands Liberties and Lives and many of them being of good Quality and Reputation have been utterly defamed by Pillory Mutilation of Members and other infamous Punishments By means whereof his Majesty and the Kingdom have been deprived of their Service in Juries and other Publick Imployments and the general Trade and Traffick of this Island for the most part destroyed and his Majesty highly Damnified in his Customs and other Revenues III. That they the said Sir Richard Bolton John Lord Bishop of Derry Sir Gerard Lowther Knight and Sir George Radcliffe and every of them the better to preserve themselves and the said Earl of Strafford in these and other Traiterous Courses have laboured to Subvert the Rights of Parliament and the ancient Course of Parliamentary Proceedings all which Offences were contrived Committed Perpetrated and done at such time as the said Sir Richard Bolton Sir Gerard Lowther and Sir George Radcliffe Knights were privy Counsellors of State within this Kingdom and against their and every of their Oaths of the same at such times as the said Sir R. Bolton Knight was Lord Chancellor of Ireland Chief Baron of his Majesties Court of Exchequer within this Kingdom and Sir Gerard Lowther Knight was Lord Chief Justice of the said Court of Common-Pleas and against their Oaths of the same and at such time as the said John Lord Bishop of Derry was actual Bishop of Derry within this Kingdom and were done and speciated contrary to their and every of their Allegiance several and respective Oaths taken in that behalf IV. For which the said Knights Citizens and Burgesses do Impeach the said Sir Richard Bolton Lord Chancellor of Ireland John Lord Bishop of Derry Sir Gerard Lowther Knight Lord Chief Justice of his Majesties said Court of Common-Pleas and Sir George Radcliffe Knight aforesaid and every of them of High-Treason against our Soveraign Lord the King his Crown and Dignity The said Knights Citizens and Burgesses by Protestation saving to themselves the Liberty of exhibiting at any time hereafter any Accusation or Impeachment against the said Sir Richard Bolton John Lord Bishop of Derry Sir Gerard Lowther and Sir George Radcliffe aforesaid and every of them and also of replying to them and every of their Answers which they and every of them shall make to the said Articles or any of them and of offering Proof also of the Premisses or of any other Impeachment or Accusation as shall be by them Exhibited as the Case shall according to the Course of Parliament require And the said Knights Citizens and Burgesses do pray that the said Sir Richard Bolton Knight Lord Chancellor of Ireland John Lord Bishop of Derry Sir Gerard Lowther Knight Lord Chief Justice of his Majesties said Court of Common-Pleas and Sir George Radcliffe Knight and every of them be put to Answer to all and every of the Premisses and that all such Proceedings Examinations Tryal and Judgment may be upon them and every of them had and used as is agreeable to Law and Justice Copia vera Signed PHILIP PHERNESLY Cler. Parliamenti Thus did these Popular Reforming Protestants help to unhinge the Government and not only helped forward the Designs of the Irish if Sir John Temple's observation before mentioned be true of their endeavours to push out the present Ministers and to get into their places but they gave great Countenance especially to the Vulgar and colourable pretences to the Ensuing Rebellion when even the Protestants of the Parliament of Ireland as well as the Parliament of England by their severe Procedure against the Earl of Strafford for misgovernment and Oppressions done in Ireland by impeaching of these Persons and by their repeated loud Complaints of Grievances Wrongs and Injustice publickly defamed his Majesties Government and proclaimed to the whole World That those Miseries which the Irish suffered under those their Governors and for the Redress of which they pretended to take up Arms were so great real and intolerable that both the Parliaments of England and Ireland were so deeply sensible of them as to acknowledg and thus bitterly inveigh against them Nor were the active men of the Commons House there less busie but the Lawyers Darcy Martin Plunket Cusack Brown Linch Bodkin Evers and others took upon them with much confidence to declare the Law and to frame several Queries which being proposed to the Judges and their Modest Answers not being satisfactory they gave out Resolutions of their own upon them such as might serve their Interest and Designs rather then comport with the Honor Duty and Allegiance which they owed to their Soveraign The Queries together with the Judges Answers to them as also their own Resolutions which were transmitted hither I find in the Paper-Office as followeth Questions wherein the House of Commons humbly desires that the House of the Lords would be pleased to require the Judges to deliver their Resolutions IN as much as the Subjects of this Kingdom are Free Queries propounded by the Parliament of Ireland to the Judges of that Kingdom Loyal and Dutiful Subjects to his most Excellent Majesty their Natural Liege-Lord and King and to be governed only by the Common Lawes of England and Statutes of Force in this Kingdom in the same manner and form as his Majesties Subjects of the Kingdom of England are and ought to be Governed by the said Common-Laws and Statutes of Force in that Kingdom which of Right the Subjects of this Kingdom do Challenge and make their Protestation to be their Birth-right and best Inheritance Yet in as much as the unlawful Actions and Proceedings of some of his Majesties Officers and Ministers of Justice of late years introduced and practised in this Kingdom did tend to the infringing and violation of the Laws Liberties and Freedom of the said Subjects of this Kingdom contrary to his Majesties Royal and Pious Intentions Therefore the Knights Citizens and Burgesses in
and Boats they have to Transport Men in and what Number of Men they are able to send over if need he and they find that they are able to Land a considerable number of Men in the North of Ireland and that with more speed and less charge then it can be done from any other part of the Kings Dominions and their Highlanders are conceived proper to fight with the Irish in their own Kind and Country amongst Hills and Boggs An Information was given in by one Col. Hunkes That two disbanded Troopers Moor and Mac-Miller had listed about 40 Men who were lodged near the Iron Gate of the Tower in St. Katharines and that one Bourk an Irish-man of Lincolns-Inn paid them 14 d. per diem that according to the Order of the House he had taken care to disarm them Whereupon Bourk being sent for and Examined confessed that he was an Irish-man and a Roman Catholique That he did this to advance his Fortunes being to Command them in the Service of the King of Spain against Portugal That he received Money from the Spanish Ambassador to pay them and that he did it upon the Order of the House of Commons dated the 26th of October last which gave Licence to Transport the disbanded Soldiers It appearing to the Lords that the Order did Expresly prohibit the Transporting of any of the Kings Subjects Natives of England or Ireland Bourk was committed to the Custody of the Gentleman Usher during the Pleasure of the House Moor and Mac-Miller were for a former misdemeanor in abusing the Lord General Sir John Conyers and assaulting and sending a Challenge to one Captain Trist committed before to Newgate Hereupon Order was sent to the Constable of the Tower to keep diligent Watch for the Safeguard of it The Justices of the Peace for Middlesex and the City of Westminster were also Ordered to make speedy and diligent search in and about the Suburbs of London and Westminster What Irish are residing in their several Jurisdictions and to cause their Names to be taken and return them into this House and to cause strong and good Guards to be set upon such as they find to be dangerous and suspected Persons untill the pleasure of this House be further known Directed To William Roberts John Hooker and Thomas Shepherd Justices of the Peace for Middlesex Upon the reading the Petition of the Bishops that are Impeached Council assigned to the Impeached Bishops shewing That the Councel that was assigned them by this House refuse to be of Council for them because they being Commoners are involved in all the Acts and Votes of the House of Commons Hereupon it was Ordered That Serjeant Jermin Mr. Hern Mr. Chute and Mr. Hales be sent for to give their Answers herein Order of the Lords to expel all Romish Recusants out of the Inns of Court and Chancery It was also this day Ordered by the Lords in Parliament That the Treasurers Recorders Readers and Benchers of the Societies of the four Inns of Court shall make or cause to be made diligent Search and Examination whether there be any Recusants of any Nation whatsoever admitted into their several Houses or into the Inns of Chancery belonging thereunto or live within the same Houses And if upon search any shall be found that they be forthwith dismissed and expelled out of the said Houses And it is further Ordered That no Romish Recusant shall hereafter be admitted into any the said Inns of Court or Inns of Chancery upon any pretences whatsoever Directed To the Treasurers Readers and Benchers of the Society of the Inner-Temple To the Treasurers c. of Grayes-Inn To the Treasurers c. of the Middle Temple To the Treasurers c. of Lincolns-Inn In the Commons House it was likewise Ordered Order of the Commons to tender the Oaths of Alleglance and Supremacy to Irish Recusants and others in the Inns of Court Order of the Commons to Examine all Irish endeavouring to pass over into Preland That the Oaths of Allegiance and Supremacy shall be tendred to the Irish Gentlemen and such others as are suspected for Recusants as are within the Inns of Court that are Students there and that the Lord Keeper shall be desired to award a Commission to that purpose to the Benchers of the several Inns of Court respectively It was also Ordered That all suspected Persons Irish and others that do endeavour to pass over into Ireland shall be Examined by the Mayor or other Officers of the several Ports where they endeavour to take Shipping upon such Instructions as they shall receive from this House and that the said Officers do tender unto all such persons the Oaths of Allegiance and Supremacy and to Convict such according to Law An Information was this day given in to the Commons against one Mr. Carter a School-Master at High-gate for words spoken by him Viz. Chamberlain an Informer That Mr. Carter said That they were mad that would read the Order of the House of Commons of the 8th of September concerning Innovations And for the Protestation there were none but fools had taken it Whereupon Mr. Green who was also present said he had taken it Carter replied It was for want of information and he would maintain that it was against Reason Justice and Law and whereas said he it is to maintain the Priviledge of Parliament no Justice of Peace nor Constable but had as much priviledge as they had And said further That it was against the King and State I answered him Are you wiser than two Kingdoms for the Scots have taken it likewise What do you talk said he of a Company of Rebels and Rascals the Parliament hath dishonoured the King and Kingdom by making a Peace with them Upon which complaint it was Ordered That Carter should immediately be taken into Custody by the Sergeant at Arms. By which passage the Reader may plainly see the Genius of those times and of those Men who verified the saying of the Poet Nec Hospes ab Hospite tutus No person could in common discourse have the freedom of conversation but was in danger of these Zealous Informers who made it their business to run with informations to the House of Commons against such as durst oppose their Votes and Arbitrary Orders Tuesday Novemb. 9. Serjeant Jermin Mr. Chute and Mr. Hales appeared this day before the Lords and declared themselves willing to be of Council with the Lords the Bishops in the Impeachment brought up from the House of Commons The Bishops to answer their Impeachment upon Friday November 12. as they were formerly assigned by the House Whereupon it was Ordered That the Bishops that are impeached shall put in their Answers to the said Impeachment on Friday Morning next and that the Bill concerning the Bishops Votes shall be deferred until then Upon report of the Lords Committees for the Irish Affairs Earl of Leicester scruples raising men without the Kings Commission that
manifestation thereunto subscribeth this 16th day of May 1654. Robert R. Farnam his Mark. This Deposition was taken before Us Commissioners for the Revenue of the Precinct of Cork Robert Phaier Esay Thomas Tho. Woodlif Twelve Depositions in behalf of the Lord and Lady Muskery viz. 1 Sarah Vokely 2 Barbara Moore 3 Mrs. Love 4 Catharine Floyd 5 Mary Thomas 6 Sampson Moor. 7. Eliz. Wharton 8 Ann Field 9 Corporal Biddel in behalf of the said Lord and Lady with Eliz. Lasdoffers in behalf of the said Lady 10 Richard Love 11 Richard Allen and William Baker 12 Eliz. King 13 A Copy of the Certificate of the Lady Muskery's civil carriages since the Rebellion taken before the said Commissioners Dated with the above Depositions the 16th day of May 1654. The Bishop of Ferns also gave this Certificate That he saw a Gibbet upon Carigodrohitt Hill with Two Irish-men hanging on it Executed by the Lord Muskery 's Order for Robbing some English-men coming out from Kerry in the Week before Christmas 1641. Dat. March 28 1682. The Rebels grown now numerous by meeting with little or no opposition and insolent by their Successes began to think of carrying all before them and Sir Phelim O Neal had got together a great Army though but in very ill Equipage insomuch that he divided his Body and with one part marched down towards Lisnagarny near the chief Plantation of the Scots whom hitherto they had professed they would permit quietly to live among them and keep what they were possessed of and the other part advanced towards the English Pale and took in Dondalk Dondalk taken by the Rebels which they did with little difficulty there being only one Company in the Town of the Army commanded by a Lieutenant who having neither Arms nor Ammunition quickly yielded the place which he saw it impossible to defend the Inhabitants being willing to Entertain the Rebels into the Town as they had before into their Hearts and good Affections After the taking of this Town which was about the beginning of November they marched further into the County of Lowth and took in Ardee a little Town within Seven Miles of Tredah The State had present advertisement from the Lord Moor A Garrison opportunely sent to Tredah of their Motions and the Design they had upon Tredah and the ill posture it was in and therefore dispatched away Sir Henry Tichburn with a Regiment wherein several who had been Field-Officers in former Employments voluntarily served as private Captains who going from Dublin the third of November happily arrived there the next day and after them several Troops under the Command of Captain John Slaughter Lieutenant to Sir Thomas Lucas Commissary General Thomas Graham Lieutenant to Sir Adam Loftus and others by which means that important place was preserved from falling into the hands of the Rebels The Lords Justices and Council did also with all diligence apply themselves now to fortifie the City and Suburbs of Dublin Dublin fortified which the Rebels among other Insolencies threat'ned to Attaque Sir Charles Coot was made Governour of the City and had a Commission to raise a Regiment of the poor stripped and dispoiled English who had taken Sanctuary in that City as also the Lord Lambert had to raise another But the greatest difficulty was Money which either was so really scarce or so pretended by the Mayor Aldermen and Citizens that when the Lords Justices sent to borrow Money of them to victual the Castle and carry on the Fortifications The Corporation of Dublin not able to raise above 40 l. they positively affirmed to the Board all they could raise would not amount to above 40 l. and part of that in Cattle too which to Posterity will rather appear an Argument of the little Affection they had to the Government and to keep out the Rebels than of any real Want or Poverty However the Master of the Rolls by a pretty Artifice got the Castle plentifully Victualled for observing the Frights and daily Alarms in which the Protestants in the City were in he laid hold upon this occasion Dublin Castle well Victualled by a pretty Artifice of the Master of the Rolls and sending for some of the best Merchants of the Protestants he represented to them how unsafe their Goods were in the Town and advised them to bring them for security into the Castle where they should be under a strong Guard and withal engaged That if they were made use of for the Publick Service he would become engaged for so much which he would repay out of the first Money consigned from England which promise he exactly afterwards made good by Bills drawn upon the Chamber of London by this means he got 2000 Barrels of Beef 2000 Barrels of Herrings and a large proportion of Wheat into the Stores of the Castle which afterwards proved of excellent Use for the Relief not only of the Castle but of the Army which was quartered in the City a long time after To prevent Dangers which might happen by the great resort of Strangers to the City which raised great apprehensions in the honester Party of the Inhabitants a Proclamation was made commanding all Persons in His Majesties Name not dwelling in the City of Dublin within one hour after the Publication thereof immediately to depart upon pain of Death and this not seeming sufficiently effectual upon the 28th of October a second Proclamation more severe was issued out to the same purpose with the penalty of death to such as should harbour or entertain such suspitious Persons The Proclamations were as follow By the Lords Justices and Council William Parsons Jo. Borlase FOr great and weighty reasons of State A Proclamation commanding all Strangers upon pain of death to depart the City and Suburbs of Dublin 23 Octob. 1641. concerning highly the Peace and Safety of this City and Kingdom We do hereby in His Majesties Name strictly Charge and Command all manner of Persons of what Degree and Condition soever who are not dwellers in this City or Suburbs that within one hour after publishing this Proclamation they depart from the Suburbs of this City and return to their own dwellings and that upon pain of death to be presently executed upon them if any of them be found here after that time And all Housholders in the Suburbs to whom any such may come are to be equally guilty with such Contemners if they Lodge or Entertain any of the said Persons hereby required to depart Given at His Majesties Castle of Dublin 23 October 1641. R. Dillon Ad. Loftus Jo. Temple Fr. Willoughby Ja. Ware Rob. Meredith A second Proclamation for all Strangers upon pain of death to depart out of Dublin c. Octob. 28. 1641. By the Lords Justices and Council William Parsons Jo. Borlase WHereas notwithstanding the late Proclamation published in this City requiring all Stangers to depart from the same upon pain of Death divers Strangers do daily repair to the same and
open Rebels of mere Irish but the Natives Men Women and Children joyn together and fall on their Neighbours that are English or Protestants and Rob and Spoil them of all they have nor can we help it for want of Men Arms and Money being fearful to separate too farr the little Strength we have here in Dublin lest we be besieged and yet we have bin necessitated this Day to send some of those we could hardly spare to deliver some of the King's Subjects in the County of Wickloe likewise to send some to Drogheda for addition of Strength so as in the mean time we must indure those publick Affronts to be put upon us Yet if the 10000 Foot and 2000 Horse which are to come from England and the 10000 Men which are to come from Scotland be sent us immediately with 200 thousand Pounds in Money and Arms to arm more Men here we conceive some hope to overcome even this next Summer this Rebellion with Honor to his Majesty and future safety to the Kingdom but if those Succors be not totally sent but lessened then the War will be drawn out into a length of time which will be more troublesom and chargeable to England and less comfortable to the good Subjects here We beseech your Lordship to send some Ingineer hither as soon as conveniently may be we being here in great want of such We also pray That the Shipping intended for guarding these Coasts may be hastned away we finding great Cause of Doubt by several Examinations taken that the Rebels expect Aids from Forraign Parts both of Men and Arms. And lastly We beseech your Lordship that all Noblemen and Gentlemen who have Estates in this Kingdom and are now in England may be commanded away hither to partake in the labor of Keeping as they have hitherto injoyed the Fruit of having those Estates After the Prorogation of the Parliament several Members of both Houses were deputed by Commission under the great Seal and accordingly had Instructions from the Lords Justices to treat with the Rebels but their little Successes and the ill Destiny which hung over their Heads rendred them so Insolent that those Indeavors proved fruitless and ineffectual to that Degree that in Contempt and Disdain of the Offers of Peace they tore the Order of Parliament and the Letter that was sent unto them Matters growing every day more desperate the Lords Justices and Council addressed themselves to the Speaker of the Commons House in England to press the performance of the necessary Relief which had been so often promised from thence The Letter was in these Terms SIR THe Advertisements we have from the Lord Lieutenant of this Kingdom A Letter from the Lords Justices and Council to the Speaker of the Commons House in England 27 Nov. 1641. and from you of the continued Care expressed by that Honorable House for the deliverance of this Kingdom and his Majesties faithful Subjects therein from the present Calamities under which we now groan have brought unto us great Comfort and inward Contentment And therefore we crave leave to acknowledg with all Thankfulness the great Wisdom and Piety therein manifested by that Honorable House to the preservation of God's true Religion the Glory of his Sacred Majesty the Honor of that Nation and the prepetual Comfort of all his Majesties faithful Subjects It yet remains that all possible Speed be used in hastning unto us the Succors designed for us lest otherwise they come too late to derive to this Kingdom the benefit intended them by that Honorable House and so We remain From his Majesties Castle of Dublin 27 November 1641. Your very assured loving Friends William Parsons La. Dublin J. Dillon Adam Loftus Ja. Ware Ormond Ossory Ant. Midensis Go. Shurley John Borlase R. Dillon Cha. Lambert J. Temple Robert Meredith Whilest the Rebels thus daily increased in Success and consequently in strength and Numbers and that Supplies were very slowly advanced in England Earl of Ormond made Lieutenant General of the Army in Ireland and the Earl of Leicester designed by his Majesty for that Government made no great hast the slowness of the Parliaments Preparations indeed not permitting him to repair to that important and now dangerous and now troublesome Charge he by the King's Approbation made the Earl of Ormond Lieutenant General of the Army and accordingly sent him a Commission to that purpose And doubtless both his Quality and great Interest in that Nation and a Fidelity to the Crown of England drawn down from so long a discent of Illustrious Ancestors of most approved Loyalty as well as the particular esteem which the Wise and Noble Earl of Strafford had entertained of his promising Merits gave his Majesty a full Assurance and Satisfaction in that Choice which as afterwards those greater Trusts which his Majesty was pleased to confer upon him he discharged with that extraordinary Prudence Courage and matchless Loyalty as will for ever set his Reputation and Honor among the Chief of those great Names who have been transmitted to Posterity both for their brave and Generous Actions and admirable Constancy in suffering all the Miseries of an adverse Fortune rather than comply with such terms as might blemish and fully their Memories with the least stain of disloyalty or infidelity to their Religion Prince and Country as the Part which his Lordship had both in the better and more sinister Fortune of his King and Country will in the Ensuing History make most evident His Lordship being vested in this Command made all the application he was capable of and the narrow Circumstances of Affairs would then admit to put things into a Posture to oppose the Rebels and accordingly Levies of Men were made at Dublin and divers of the poor people who from all Parts came flocking thither for Sanctuary being dispoiled by the Rebels were formed into Companies and Regiments but they were a sort of raw unexperienced and dispirited Men and not likely to prove good Souldiers in so short a time as the Event justified For the Rebels under the Command of Sir Phelim O Neal drawing down towards Tredagh upon which Place they had fixed their chief Design the Lords Justices upon Information from Sir Henry Tichburn the Governor there resolved to send a re-inforcement to that Garrison which was a Place of such Importance as that upon the preservation or loss thereof depended in a great measure the Fate of the whole Kingdom Accordingly 600 Foot under the Command of Major Roper and a Troop of Horse under the command of Sir Patrick Weames were immediately ordered to March for Tredagh the very day that they parted from Dublin there was an Advertisement brought to the Board that some of the Rebels Army was passed over the River Boine with an Intention to intercept them in their Passage whereupon the Earl of Ormond by Direction from the Council dispatched an Express to advertise them thereof and from thence to pass on to Tredagh and
since we find there is little hope of it for some of the Priests are returned nothing being wrought thereby However it is fit your Lordship should know what we do we must now crave leave to declare to your Lordship That things being risen here to this height threatning not only the shaking of the Government but the loss of the Kingdom as the Supplies of Men Arms and more Treasure are of great necessity to be hastned away hither so is it also needful that we enjoy your Lordships presence here for the conduct in your own person of the great and important Affairs of this State as well in the Martial as in the Civil Government which do necessarily require it in this time of great imminent danger wherein so far as we may be able to contribute any assistance with you we shall be ready to discharge our duties therein with that loyalty and uprightness of heart which we owe to his Majesty and the particular respect due from us to your Lordship but we hope you will bring that strength with you which may befit the greatness of the King our Master to send with his Lieutenant against so numerous Enemies as these Rebels are become as well for the Honour of his Majesty as for the terror of those Rebels By what we have heretofore and now humbly represented to your Lordship you may in part see the greatness of the publick danger wherein this Kingdom now stands and particularly this City and Castle the principal piece thereof that if those be lost which we now again assure your Lordship were never in so great peril to be lost since the first Conquest of this Kingdom by the Crown of England the whole Kingdom must quickly follow that the danger which must thereupon arise to the Kingdom of England is very great in many Respects There is no possibility to prevent those Evils with Honor and Safety to England but by Succors from thence or Scotland or both and that if those Succors come not speedily it cannot be avoided but the Kingdom must be lost And if notwithstanding all this so often and truly made known by us to your Lordship we shall perish for want of Supplies we shall carry this Comfort with us to our Graves or any other Burial we shall have That your Lordship can witness for us to the Royal Majesty and to all the World that we have discharged our Duties to God to his Majesty to that Nation and to this in humbly representing to his Majesty by your Lordship the chief Governour of the Kingdom the Extremities and Dangers wherein his Kingdom and People stand and the necessity of hastning Supplies hither by all possible means for preservation of both so as whatever become of our persons our memory cannot be justly stained with so wretched a breach of Faith and Loyalty to the King our Master as to forbear representing thither the Extremities wherein we are whether we have the Credit to be believed or no and that we write Truth and most needful Truth will be found true when perhaps we shall perish and which is more considerable the Kingdom also for want of being Relieved and Succoured in time And so we remain Your Lordships to be Commanded William Parsons Ormond Ossory Char. Lambert John Temple Francis Willoughby Jo. Burlace R. Dillon Ad. Loftus Charles Coot R. Meredith From his Majesties Castle of Dublin 14 December 1641. Postscript BY our Letters to your Lordship of the 22. of November We did desire to be informed from thence Whether the Parliament here being once Prorogued may not again be Prorogued by Proclamation before they Sit or whether it be of necessity that they must Sit again and the Parliament to be Prorogued the House Sitting And now that this Rebellion hath over-spread the whole Kingdom and that many Members of both Houses are involved therein so as the Parliament cannot Sit We humbly desire to know his Majesties Pleasure therein and if his Majesty shall think fit to Prorogue it which at present we hold expedient that then we may receive his Commandment for Prorogation and that the doubt concerning that be cleared for to assemble at that time cannot be with Safety Our Letters of the Third of December have been hitherto with-held on this side by contrary Winds The Propositions mentioned in this Letter for a Treaty by Sir Thomas Carey and Dr. Cale a Doctor of the Sorbon were First That there should be a Toleration of Religion Some Overtures for a Treaty Secondly That Popish Officers as well as Protestants should be admitted to all Employments Thirdly That the wrongs of Plantations should be repaired since 1610. Fourthly That there should be a Proclamation to take off the File the Title of Rebels and Traitors But Sir Phelim O Neil would not be perswaded to condescend to any manner of Treaty unless the Lord Mac-guire Mac-Mahon and the other Prisoners in the Castle were first set at Liberty which the Board rejecting with Contempt and Indignation that Overture died almost as soon as it was born Though it now began to be notorious that the Lords of the The Board Vindicates Sir Charles Coot and themselves from the Imputation of the Lords of the Pale Pale were deeply in the Conspiracy yet to take away their pretences the Board published a Proclamation and sent it to those Noblemen wherein it was positively Affirmed That the Lords Justices and Council did never hear Sir Charles Coot or any other utter at the Council Board or elsewhere any Speeches tending to a Purpose or Resolution 〈◊〉 Execute on those of their Profession or any other a general Massacâ—â— nor was it ever in their thoughts to dishonour His Majesty or the State by such an Odious Detestable and Impious Action giving them assurance of their safety if they would repair to Dublin the 17th of that Month. In Answer to which The Answer of the Lords of the Pale the Lords of the Pale return a Letter to the Lords Justices wherein they complain That they were so justly affrighted with Sir Charles Coot's severity and deportment that they durst not adventure their persons within the Confines of his Government they heavily charge upon him the inhumane acts perpetrated in the County of Wickloe the Massacre of Santry and the burning of Mr. King's house at Clantorfe contrary to the Publick Faith given but the day before for which severity they said they did not blame their Lordships but Sir Charles Coot for his Rigor in the Execution and therefore desire that no sinister Construction may be made of their stay but that they may have some Commissioners appointed to confer with them concluding with professions of their Loyalty and readiness to give their advice for the advancement of His Majesty's Service and the Common Peace of the Kingdom But though they did not proceed to open Hostilities chusing rather to force the Government to be the Aggressors yet they began to form themselves into a
Moneys by reason of these Troublesome Times but on the receipt of your Secretaries Letter to the Commissary we shall receive the Over-plus of the Monies which was appointed for the Horse which is 240 l. which will help us a little but if there is not some Monies now on the Way for us I doubt the Soldiers will disband suddenly I shall beseech your Lordship to put the Irish Committee in mind of their promise for Coats and Caps Shoes and Stockins for the Soldiers it is very needful and will be very advantagious for the Service if the Soldiers have them and by promise from us are expected by the Soldiers The Officers that are wanting at this present of your Lordships Regiment besides those that are wanting with their Companies is Capt. Snelling Lieutenant Palmer Captain Bois 's Lieutenant and Ensign Smith Captain Turvil 's Ensign I understand by my Lord Lisle that one Mr. Morrison is to be your Lordships Ensign who came this day to Chester I shall desire with your Lordships next Commands I may understand what quantity of Ammunition we shall carry from hence with us into Ireland or if we should be stayed here by contrary Wind what Ammunition you will be pleased to allow us weekly for Exercising desiring your Lordships pardon for being so tedious I humbly take my leave Your Lordships most humble Servant to be Commanded George Monck Chester 21 Jan. To his Excellency the Earl of Leicester L. Lieutenant of Ireland these present at Leicester-House in St. Martin's-Fields In this distressed Estate stood the Affairs of these miserable Kingdoms Scotland recovered from those Rebellious Commotions raised by the Presbyterian Faction by Remedies that proved more Fatal to the King then the Disease Ireland all in a Flame and England by the prevalency of the same Faction which had raised the disturbances in Scotland ready to follow their Example and to pursue their Model of Reformation by the same wicked Courses of Religious Dis-obedience and Rebellion in which Condition I must at present leave them till such time as it shall please God to give me ability and opportunity I may after some little necessary Refreshment pursue this Laborious work in perfecting the Remainder of these Historical Collections FINIS A TABLE Of the principal Matters in this Second Volume A. ANswer of the King to the Commons request about his Servants 231. Concerning the Irish Acts 421. About disbanding the Horse 429. To the reasons for staying his Journey to Scotland 434. To the Speech of the Recorder of London 676. To the Petition of both Houses about Guards for the Parliament 685 833. To the Petition of the Aldermen c. at Hampton Court 712. To the Petition accompanying the Remonstrance 744. To the Petition about Breach of Priviledge 762. To the Petition concerning the Kensington business 796. To the Message of the House of Commons for a Guard 803. To the Petition from Buckinghamshire 841. To the Petition of the Lord Mayor c. 842. To the Message concerning the three Bills 848. To the Commons demand of stores 860 To the Message concerning the Bill for Adjournment 877. Alderman Abel a Patentee a Bill Ordered against him 256. Bailed 475. Accompt of the Armies 292 410. Act of State about the Oath in Ireland 79. Act of Parliament for reversing the Attainder of the Earl of Strafford 23. Act of Scotch Parliament part of one making it Treason to Levy Forces without the Kings consent 682. Act of Common-Council of London against Tumults 803. See Bill Adjournment Bill past by both Houses that it be in the power of the Houses respectively 834. The Kings Answer to it 877. Earl of St. Albans his Letter from Ireland concerning Affairs there 686. Aldermen Sheriffs c. of London attend the King at Hampton Court 711. Many of them Knighted 712. America Petition of some Merchants that parts of it be seiz'd 467. Mr. Anderton a Member of the House of Commons receives a Letter about a Plot 836. Anslow a Witness against the Earl of Strafford 60. Answer of the Earl of Strafford to the Articles of Impeachment 20 to 27. To Pym 's Speech against the Preamble of his Answer 39. Of the House of Commons to the Lords Reasons for the Bishops Voting in Parliament 260. Of the Judges to certain Queries about Matters in Parliament 374. Of the Scotch Commissioners to the two Propositions 406. Their Answer about disbanding the Army 412. Of the English Commissioners to the Propositions of the Scots Commissioners 423. Of the Scots Commissioners to the reasons for staying the Kings Journey 435. Of the House of Lords to the Propositions of the Scots Commissioners about difficulty of Marching their Army home 538. Of the House of Lords to a Petition of the Lord Mayor concerning the Londoners denying subjection to the Common Council 460. Of the House of Lords to the House of Commons Propositions concerning Ireland 525. Of the Judges in Ireland to Queries of the Parliament there 575. Of the City of London to the Parliaments desire of lending Money 598 644. Of the Queen concerning Father Philips 605. Of the House of Commons to the House of Lords two Propositions about the Scotch relief of Ireland 771. Of the several Impeached Bishops 797. Of the Lords of the Pale to the Lords Justices 906. Of the same to the Vindication of the severity of Sir Charles Coot 917. Apology of the Lord Digby 863. Apprentices of London their Petition concerning Church Government c. 775. An account of a Tumult of them 805. Nicholas Ardagh a Witness against the Earl of Strafford 70. Argiers a Vote about the Captives there 254. Act for them past 861. Argument of Mr. Lane in behalf of the Earl of Strafford 153. Of Recorder Gardner for the same 156. Of Mr. St. John for the Bill of Attainder 162. Arch-Bishop of Armagh his Testimony in the Case of the Earl of Strafford 83 See Usher Arms search'd for at Lambeth 236. Supplied to the Lords of the English Pâ—â—â— 632. Sent from the Tower for Ireland 710. search for Arms at Mr. Ropers at Eltham 847. At Sir James Hamilton 's Lodgings ibid. At Sir James Hanham 's in Somersetshire 848. At the Lady Rivers and at Oxon 859. Army pretended to be in danger of being seduced 231. Several Lords Examined about it 258. An Account of it 272. Army in Ireland a Report for disbanding it 233. The State of it in the Earl of Strafford 's time 537. State of the same when the Rebellion first broke out 627. Articles of Impeachment against the Earl of Strafford 8. Of further Impeachment against the same 11. Against the Judges 324. Against Sir Robert Berkley 337. Against Lord Chief Baron Davenport 347. Against Baron Trevor 352. Against Baron Weston 356. Against Justice Crawley 362. Against Lord Chief Justice Bramstone 363. Against the Bishop of Ely 398. Against the Lord Chancellor of Ireland c. 570. Against Lord Kimbolton and the five Members 811. Arundel Debate about the
Election of a Burgess there 870. Earl of Arundel constituted Lord High Steward of England for Trial of the Earl of Strafford 29. Captain Ashburnham Committed on suspicion of Treason 288. Bailed 377. Gets a Vote for his Pay 477. Voted guilty of Misprision of Treason and expell'd the House of Commons 725. Mr. Ashton Vicar of Panswick Voted a scandalous Minister 238. Assembly of Irish at Swoords Order to Dissolve it 908. Attainder of the Earl of Strafford 103. The Bill read thrice in one day and passed the Commons 157. Mr. St. John 's Argument for it 162. Passes the Lords 192. And the King by Commission 195. Repealed since the King's Restauration 203. Attorney General Ordered to justifie his Charge against Lord Kimbolton and the five Members 843. Which he does 850. House of Commons desire to Examine him 850. Vote of Both Houses against him for Breach of Priviledge 870. Examination of him 873. Votes of the House of Commons against him 874. Ax expresly forbidden to be born before the Earl of Strafford at his coming to Tryal 29. B. BAgshaw of Windsor his Information to the House of Commons 859. A Conference about it 862. Sir William Balfour Lieutenant of the Tower brings the Earl of Strafford to the Bar 37. A false Loon 190. His removal angers the Factious 773. Ballad against the Bishops and Common-Prayer 807. Barnwell a Witness against the Earl of Strafford 36 83. Sir Thomas Barrington a Witness in the Case of the Earl of Strafford 83. Bishop of Bath and Wells inform'd against Dr. Beal referred to the Committee for Scandalous Ministers 773. Beal a Taylor finds out a Plot 647. An Ordinance about it 649. Conference upon it ibid. Sir Henry Bedingfeild Accused 661. Sent for 662. Examined 690. Acquitted 691. Mr. Benson a Member of the House of Commons Charged with selling Protections 595. Expelled the House and declared a Delinquent for so doing 596. Sir John Berkley sent for as a Delinquent 288. Sent to the Tower 490. Order'd to be Examined 492. Voted guilty of Misprision of Treason 725. Order'd to be Bail'd 755 780. Sir Robert Berkley Impeach'd by the House of Commons 332. Articles against him 337. Brought to the Bar of the House of Lords 497. His Petition to the House of Lords 498. Assigned Council 499. His Tryal put off 511. Earl of Berkshire a Witness against the Earl of Strafford 89. Edmund Bern a Witness against the Earl of Strafford 70. Berwick An Order for the Mayor to take care of it 753. Bill of Attainder See Attainder Bill for perpetuating the Parliament passes the Lords 192. And the King by Commission 195. Repeal'd since the Kings Restauration 203. For relief of the Army 238. For abbreviating of Michaelmas Term ibid. For restraining Ecclesiastical Persons from medling in secular Affairs 242. Thrown out of the House of Lords 271. Bill for Abolishing Episcopacy proposed 248. Debated in the House of Lords 255. Private Bills past by Commission 256. Bill for Root and Branch read twice 257. For Tonnage and Poundage ibid. 381. For disbanding the Armies ibid. For taking away the High Commission Court and Pluralities ibid. For taking away the Star-Chamber and regulating the Council-Board 258 271. For Regulating Clerks of the Market 259. For disarming Recusants 260. Against the new Canons ibid. Against Pluralities and Non-Residencies 293. Against Ship-Money 294. A Copy of the Root and Branch Bill 300. Bill against Scandaleus Ministers 309. For taking away the Court of Requests ibid. To prevent Suits for Knighthood ibid. Three Bills brought up to the House of Lords their Titles 393. Bill for the Marches of Wales 394. For Billet-money ibid. For the Northern Counties 409. Seven Bills brought up to the House of Lords their Titles ibid. Bill for securing Religion rejected 411. For imposing the Protestation rejected 414. Eleven Bills passed the King their Titles 431. Six more pass'd by the King and their Titles 438. Bill for a Lord General and Lord High Admiral rejected 719. For Relief of Captives at Argiers 731. Three Bills past the House of Commons their Titles 777. Billet-money undertaken for the Scots by the House of Commons 444. A Bill for Billet-money 394. Captain Billingsley Accused for a Conspiracy to seduce the Army 232. A Proclamation to stop him 233. Bishops their advise against passing the Bill against the Earl of Strafford 192. A Salvo for them 231. Thirteen of them impeached about the New Canons and Oath 418 443. An Order concerning their Answer 449 484. Order that they have Council 495. A Debate in the House of Commons what they are guilty of 497. Debate whether other Bishops shall Vote in their Case 500. Abstract of the grand question upon it 503. Their Council refuse to undertake their Cause 613. A time appointed for their Answer 614. Which they put in by Plea and Demurrer 641. That Voted dilatory and insufficient 645. Conference about them 691 717. Ordered to be heard 711. A second Charge against them by the House of Commons 717. Order to Answer it 718. They adhere to their Demurrer 731. Twelve Bishops their Petition and Protestation 794. Votes of the House of Commons against them 796. Impeached ibid. Taken into Custody ibid. Brought to the Lords Bar 797. Their several Answers ibid. Two of them Committed to the Black Rod the rest to the Tower 799. Desire Council which is granted 812. Order to put in their Answer 836. They Answer 882. They Petition to be speedily Tryed or Bailed 883. Remanded to Prison ibid. Mr. Blaney summon'd for Preaching against the Protestation 288. Sir Richard Bolton Lord Chancellor of Ireland impeached 566. Articles against him 570. Books seized by Order of the High Commission how disposed of 690. Mr. Booth Minister of St. Botolph Aldersgate Petition'd against by the Factious 492. Sir John Borlase made one of the Lords Justices of Ireland 564. Dr. Borlase his History of the Irish Rebellion censured 531. Lieutenant Bowles Voted a Delinquent for raising voluntiers for Ireland 874. Lord Chief Justice Bramstone impeached by the House of Commons 363. Mr. Orlando Bridgman receives a Letter about a Plot 836. Earl of Bristol a Witness in the Case of the Earl of Strafford 83. His Report about disbanding the Irish Army 233. Vote of the House of Commons that he be removed from the King and his Council 793. Lord Bruce introduced into the House of Lords 421. Buckinghamshire Petition to the House of Lords about Malignants c. 834. To the House of Commons about the same 839. To the King concerning Hampden 840. Mr. Burgess Ordered to Preach before the House of Commons 467 513. Sir John Burroughs a Witness in the Case of the Earl of Strafford 93. Busby 's Case an Order in it by the House of Lords 716. Sir John Biron a Message of the House of Commons for removing him from being Lieutenant of the Tower 835. Ordered to appear before them 844. Refuses 845. Votes of the House of Commons about him 846. Brought to the Bar
Ireland to the Lord Lieutenant 900 901 902. F. RObert Farnham 's Deposition in behalf of the Lord and Lady Muskerry 635. Sir Robert Farrer a Witness for the Earl of Strafford 60. Fast mov'd for by the House of Commons for the Irish Rebellion 737. agreed 754. for a monthly one 777. Faunt 's Case 324. Mr. Finch Vicar of Christ-Church London Votes against him 233. Fitz-Garret a Witness against the Earl of Strafford 57 68 74. Florence the Resident from thence his Complaint 596. a Committee upon it 645. Forrests ascertain'd in their Bounds by Act of Parliament 431. many Frays happen about it 499. 625. Sir Edward Fowles a Witness against the Earl of Strafford 11. Blunders in his Evidence 55. Mr. Franklin a mistake in his Annals rectified 247. Sir Ralph Freeman a Witness against the Earl of Strafford 91. French the House of Commons in great fear of them 233. 242. French Embassador desires the English Disbanded Army for his Masters Service 395 436. Tumults about his House 468. intercedes for the Rioters 476. Dr. Fuller Dean of Ely Petitioned against by the Sectaries 492. sent for as a Delinquent for his Sermons 609. Bayled 626. G. SIr Henry Garaway a Witness against the Earl of Strafford Gatton in Surry a dispute about Election of Members there 599. Lord General scruples letting the Scots march through Berwick 452. S. German a Frenchman committed to the Gate-House 651. released 711. Mr. Glyn appointed a Manager of Evidence against the Earl of Strafford 28. passionate at some expressions of the Earl of Strafford 39. his Speech upon summing up the Evidence 124. one of the Committees to expedite the Charge against the Arch-Bishop Laud 265. his Speech about breach of Priviledge 827. Henry Gogan a Witness against the Earl of Strafford 90. Evers Gore a Witness against the Earl of Strafford 53. Lord Gorge Governor of Hurst Castle Summoned to appear 596. Collonel Goring accused for a Conspiracy to seduce the Army 232. discovers a Vote in his Favour 272. Lord Gorminston a Witness against the Earl of Strafford 56. contradicts himself 57. his Commission for suppressing the Irish Rebellion 630. is said to have given Intelligence to the Rebells 905. combines with them 907. they make him General of the Forces of the Pale 917. Patrick Gough a Witness against the Earl of Strafford 70. John Gower a Witness against the Earl of Strafford 53. Grand Question concerning Bishops Votes in Capital cases an abstract of it 503. Lord Grandison see Newark Richard Grave his Examination about the Irish Rebellion 522. Dr. Gray sent for as a Delinquent 772. St. Gregories Parishioners Complaint against Inigo Jones 728. Sir Henry Grisfin a Witness in the Case of the Earl of Strafford 93 94. Serjeant Grimstone one of the Committee to prepare the Charge against the Earl of Strafford 7. appointed to be presented at the Examination of Evidence against him 11. his Speech concerning Breach of Priviledge 825. Guard Ordered about the Parliament House 487. a Conference about it 595. Establisht by the House of Commons 623. Dissolv'd by the King 684. Message c. about it 684 685. Reasons of the House of Commons for their Continuance 687. refused by them when ordered by the King 688. Guard not of their own appointment displeases them 726. examin'd and discharg'd 727. Votes of the House of Commons about Guards 729 732. their Message about it 789. rejected by the House of Lords 793. a Committee ordered to wait upon his Majesty concerning it 801. the King orders one under the Earl of Lindsey 833. the House of Commons Order another under Major Skippon 833. both Houses appoint a Guard upon the Tower 844. an Order drawn up by the House of Commons for Guards and necessary defence 878. Gun-Powder an Act for importing and free making it 416 438. Gunners of the Tower examined by the House of Commons 856. Sir Richard Gurney Lord Mayor of London Knighted 676. H. DR Hacket 's defence of Deans and Chapters in the House of Commons 240. Hampden one of the Committee to prepare the Charge against the Earl of Strafford 7. appointed a Manager of Evidence against him 28. one of the Committee to expedite the Charge against Arch-Bishop Laud 265. Impeached of High Treason 811. his Speech in vindication of himself 817. a Petition from Bucks to the King about him 840. Marquess Hamilton a Witness in the case of the Earl of Strafford 86. made a Duke 683. his complement to the House of Commons concerning the Arms at Fox-Hall 870. James Hanham his House search'd for Arms 848. Sir Simon Harcourt arrives at Dublin with a Regiment 918. Robert Hawood ordered to the Pillory for Contempt 238. excused 245. Lady Hatton and Bishop of Ely their Case 270. Sir Arthur Hazlerig Impeach'd of High Treason 811. Bishop of Hereford excused part of his Poll-Money 709. Marquess of Hertford introduc'd into the House of Lords 265. ordered to take charge of the Prince in person his answer 595. a Message about it from the House of Commons 857. Hertfordshire Petition 753. Dr. Heywood Petition'd against by the Sectaries 492. Hibbols a Witness against the Earl of Strafford 62. Mr. Hide his Speech at the delivery of the Articles against the Lord Chief Baron c. 343. High Commission Court a Bill for taking it away 257. Collonel Hill Voted Delinquent for raising Volunteers for Ireland 874. Earl of Holland a Witness in the Case of the Earl of Strafford 84. Mr. Jervis Holls who had been expell'd the House for an honest Speech restor'd 710. Dr. Hollis and others Votes in their favour 331 373. his Speech in praise of Sir Randol Crew 365. concerning the Palatinate 378. in justification of the Votes for taking the Protestation 416. he is Impeached of High Treason 811. Honours a Conference about the Kings bestowing them 325. Horses inquiry after Transporters of them 655. Sir John Hotham a Witness in the Case of the Earl of Strafford 92. appointed Governor of Hull by the House of Commons 833. Hoy a Witness against the Earl of Strafford 62. Hull Order for the Mayor to take care of it 753. Order that Sir John Hotham be Governor of it 833. Huntingdonshire Petition for Episcopacy 720. Hurst Castle going to Decay Examined 596. Mr. Hutton Curate of St. Giles Cripple-Gate Petition'd against 492. ordered to be taken into custody 497. Hypocrisie of the Anti-Episcopal Grandees 261. I. KIng James his Collection out of Bellarmin 226. Mr. Henry Jermyn accused for a Conspiracy to seduce the Army 232. a Proclamation to stop him 233. Voted chargeable with High Treason 443. Voted to be Impeach'd 754. Impeachment of the Earl of Strafford 7. of Sir George Radclif 8. of Sir Robert Berkley 332. of the Barons of the Exchequer 343 352 356. of Mr. Justice Carwley 357. of the Lord Chief Justice Bramstone 363. of the Bishops for the New Canons and Oath 418 443. second Impeachment of the same 717. Incendiaries a Commission for their Prosecution 444. who were
the House of Lords concerning the Earl of Strafford 197. to the Lord Keeper denying to pass a Commission for the Parliaments Commissioners 468. to the Lord Keeper 497. to Mr. Nicholas Shewing his resolution to maintain the Establish'd Religion 683. to both Houses about the Prince 889. Letters by Order of either House of Parliament to Sir Jacob Ashley 228. to the Army 235. to the Lord General 441. 445. 453. to the same concerning Hull 448. to the Sheriffs about Pooll-Money 458. to the Lord Generall about Disbanding 461. to the Lords Justices of Ireland in behalf of Sir George Radcliff 464. to the Commissioners in Scotland 494. to the Lords Justices of Ireland 602. Letters of the Lords Justices of Ireland to the Lord Lieutenant General concerning the Irish Rebellion 514. to the Earl of Ormond to persecute the Rebels 538. to the Lord Keeper and Lord Lieutenant of the great Danger there 624. to the Nobility and Gentry informing the Discovery of the Plot 628. to the Earl of Ormond concerning the same 629. to the Lord Keeper and Lord Lieutenant concerning the condition of the Place 661. to the Parliament about the Dunkirkers 784. to the Privy Council 889. to the House of Commons 892 893. to the Lord Lieutenant 900 901 902 911. to the Speaker of the House of Commons 903. to the Lords of the Pale 906. Letter of the Earl of Strafford to the King desiring him to pass the Bill against himself 190. from Newcastle read in the House of Lords 337. of Mr. Percy to the Earl of Northumberland 286. of Father Philips to Mr. Mountague in France 315. of the Queen of Bohemia of thanks to the Parliament 411. of the Speaker of the House of Lords of Ireland to the House of Lords of England gives offence 417. of the Earl of Holland about Disbanding 457. of the Lord General to the Parliament 469. of the Lord Howard about a Conspiracy in Scotland 488. of Sir William Cole to the Lords Justices just before the Discovery of the Rebellion 519. of the Earl of Strafford concerning the State of the Army in Ireland 537. of Sir Henry Vane to the Lords Justices of Ireland 565. of the Lord Howard to the Lord Keeper 603. 612. those from France and Antwerp stopt 615. of the Earl of St. Albans about Affairs in Ireland 686. of Sir J. Temple concerning the same 7â—1 Letters of a Plot against the House of Commons 836. a conjecture at the Writer 837. Letters to one Mr. Crofts ordered to be opened 847. of Sir Phelim O Neal to Sir William Hamilton 895. of one Roche intercepted 896. of the Inhabitants of Longford to the Lord Dillon 898. of Collonel Monk to the Lord Lieâ—tenant of Ireland 919. Letters from Foraign Parts ordered to be opened 247. 307 523. Licence for Raising men for the Dutch Service 723 724. Lie given to a Peer is a Breach of Priviledge 380. Lilburn Votes in his Favour 211. Bishop of Lincoln gives Offence to the House of Commons 477. List of the Prime Papists desired by the House of Commons to be secured 662. debated by the House of Lords 667. of the principal Irish Rebels 888. Robert and Thomas Little Witnesses for the Earl of Strafford 54. 70. Locumtenens see Custos Regni Sir Adam Loftus a Witness in the Earl of Strafford 's Case 58 61 78. Bishop of London a Witness in the Case of the Earl of Strafford 82. released of Tenths upon the Poll-Bill 780. Londoners Petition against the Earl of Strafford 160. mov'd to lend Money 236. 407. 411. 595. 597. their Controversie with the Lord Mayor about the Election of a Sheriff 318 319. 407. 409. referred 413. 445. determin'd pro hac vice 456. are Mutinous 459. Petition for a Fast 463. and against Bishops Votes c. 733. and for displacing Collonel Lunsford Lieutenant of the Tower 773. Londonderry in Ireland Votes about it 461. Justice Long sent to the Tower for placing a Guard about the Parliament House without their knowledge 732. released 772. William Long a Witness against the Earl of Strafford 54. Longford the Inhabitants there their Letter to the Lord Dillon 898. Lords-day Idoliz'd by the House of Commons 325. 436. 777. Lords House Interpreters of Acts of Parliament in Parliament time 625. Lords sent for by the King not permitted to go by the House of Lords 836. Lorky a Witness against the Earl of Strafford 74. Roger Lott a Witness against the Earl of Strafford 59. Sir Gerard Lowther Articles against him 570. Sir Thomas Lucas a Witness in the Case of the Earl of Strafford 86. M. LOrd Macguire 's Relation of the Irish Rebellion 543. Mac-Mahon his Examination and Confession about the Irish Rebellion 521. Managers of the Cause against the Earl of Strafford 29. deny reasonable time for answer 40. 54. 81. 100. Earl of Manchester 's Manuscript Memoires cited 206 209 272. 427 689. Manifesto of the King about the Palatinate 383. Sir Philip Manwaring a Witness for the Earl of Strafford 78 81. Marches of Wales a Bill about them 394. Mariners a Bill for raising them 236 237. 243. Marshal Ordered to Preach before the House of Commons on the Thanksgiving-day 467. and on the Fast-day for Ireland 756. receives the thanks of the House and a Piece of Plate of 20 l. 775. Maynard appointed a Manager of Evidence against the Earl of Strafford 29. his Speech against the Earl of Strafford upon the first Article 48. one of the Commission to expedite the Charge against the Arch Bishop of Canterbury 265. Lord Mayor of London quells a Tumult about the Spanish Ambassadors House 187. his with the Aldermens c. Petition to the King about his going to the House of Commons 841. Maxwel a Witness against the Earl of Strafford 78. his rudeness why not taken notice of by the House of Commons 195. searches for Priests 651. Bishop of Meath an Account of him 535. Memoirs of the Earl of Manchester cited 206 209 272 427. 689. Memorial of the Venetian Ambassador about breaking open his Pacquet 640. Memorials from the Scotch Commissioners 440. Mr. Audly Mervin 's Speech at exhibiting Articles against Sir Richard Bolton 566. Message of the King to the House of Commons concerning the Tumults disregarded 189. to the House of Lords concerning the same 210. to the House of Commons concerning the Lord Cottington 236. to the House of Lords concerning Disbanding the Army 314 318. to the House of Commons about the Queen Mother 329. to the same concerning the Officers of Star-Chamber 368. and about a Priest of the Venetian Ambassador 394. to the House of Lords concerning Commissions 410. to the same about Soldiers for the Spanish Ambassador 457. to the same concerning Guards 684. to both Houses about the Scots Commissioners and some Priests interceded for by the French Ambassador 719 731. to the House of Lords concerning Voluntiers for Ireland 787 789. to the Lord Major c. of London to suppress Tumults 804. to the House of
for setting aside private Business 686. concerning Books seized by High Commission 690. that Philips be released 691. in Smith and Busby 's Case 716. for reviving the Committee for Scandalous Pamphlets 723. and for License to raise Men for the Dutch ibid. Orders of the House of Commons that no Members visit the Earl of Strafford 8. to inquire into the Militia c. 230. in behalf of Pryn 251. about disbanding the Armies 286 454. 456. concerning the Northern Counties 314. about Members of Committees 319. for afternoon Sermons in all Parochial Churches 383. for absent Members 433. that Mr. Marshal and Dr. Burgess Preach the Thanksgiving Sermon before them 467. about a full House 476. for Match and Bullet for the Parliaments Guard 496. for laying by private business 510. for opening the Irish Letters 523. concerning relief for Ireland and Irish Affairs 601 603 613 622 626 824. concerning the Guard for the Parliament 623. concerning the Second Plot in the Army 653. to discourage Petitioners for Episcopacy 655. for clearing the Kings Honour from the scandal of the Irish Rebels 689. for a Search about a Barrel of Gun-Powder 719. for Printing the Remonstrance 437. for care of Berwick Hull and Newcastle 753. concerning the Navy 787. for a double Watch 794. for a Guard under Major Skippon 833. for Sir John Hotham to keek Hull ibid. for Guards and necessary defence 878. Orders of the Lords Justices of Ireland against the Rebels 908 910. Orders for preventing the spreading of the Plague 478. Ordinance of both Houses for Commissioners to go for Scotland 455. for a Thanksgiving for the Pacification 463. for disarming Recusants 470. against Transporting Soldiers into the Service of Forraign Princes 481. for empow'ring the Lord Lieutenant of Ireland to raise Men 606. for enabling the Master of the Ordnance to deliver Ammunition ibid. authorizing the Lord High Admiral to provide Shipping 607. for securing money borrow'd of the City of London 621. to prohibit the Irish going out of England without Licence 621. upon Beal 's Plot 646. to raise the Trained Bands 653. Earl of Ormond speeds to Dublin with his Troop at Summons of the Lords Justices 629. is made Lieutenant General of the Army in Ireland 904. dislodges the Rebels at Finglass 618. Earl of Orrery 's Answer to P. W. quoted 526. Sir Edward Osborn a Witness for the Earl of Strafford 95. his Warrant for levying Money 98. Overtures for a Treaty with the Irish Rebels 917. Oxford Vniversity their Petition to the Parliament in behalf of Episcopacy 305. Oxfordshire Petition against it 409. P. PAcification between the English and Scots 430 438. Palatinate a debate upon it 328 368. Vote about it 373. the King 's Manifesto upon it 383. A. Palmer a Witness against the Earl of Strafford 90. Captain Palmer accused for a Conspiracy to seduce the Army 232. Jeffery Palmer a manager of Evidence against the Earl of Strafford 29. Sir William Parkhurst a Witness against the Earl of Strafford 91. William Parkins his Speech about Bishop Wren 330. Parliament meets at Westminster 5. perpetuated by an Act 195. their first Ordinance 455. agree to a Recess 464. Order a Guard for themselves 487 Parliament in Ireland their Quaeries to the Judges there 572. their Protestation and Declaration against the Rebellion 898. Parliament in Scotland their resolutions concerning the Irish Rebellion 603. Transactions between them and the English Commissioners 608. Henry Parry a Witness against the Earl of Strafford 74. the Sentence past on him by the Irish Council 76. Sir William Parsons made one of the Lords Justices of Ireland 564. Sir William Pennyman a Witness for the Earl of Strafford 55 86 95. his Warrant to his Serjeant Major to raise Money 93. Alderman Penington informs against the Minister of Grace-Church 773. Mr. Henry Percy accused for a Conspiracy to seduce the Army 232. a Proclamation to stop him 233. Conference about him 245. his Letter to the Earl of Northumberland about it 286. Voted Chargeable with High Treason 443. Expell'd the House of Commons 725. Voted to be impeach'd of High Treason 754. Petition and Act of State about the Oath in Ireland 79. Petition of the Yorkshire Gentry 92. of the Londoners against the Earl of Strafford 160. of the like Rabble against the same 189. of the Earl of Strafford to the House of Lords in behalf of his Children 196. of the Vniversity of Cambridge 239. and of the Vniversity of Oxford for Episcopacy 305. from several Ministers of Wales against Episcopacy 317. of the Ministers and People of Oxfordshire and Berks against the same 409. of both Houses concerning Commissioners for Scotland 451. of Sir George Radcliff 464. of some Merchants for seizing parts of America 467. of the Sectaries against Dr. Heywood Mr. Booth Dr. Fuller and Mr. Hutton 492. of Judge Berkley 498. of the Parliament to the King in Scotland 644. of Rutland for Episcopacy 656. of Officers for pay 660. of the House of Commons to accompany the Remonstrance 692. of Huntingtonshire for Episcopacy 720. of Somersetshire for the same 726. of the factious Londoners against Bishops Votes c. 733. incouraged by the House of Commons 733 735. of the Parliament concerning breach of Privilege by the King's Speech 751. of Hertfordshire 753. of Cheshire for the Establish'd Religion 758 759. of the remonstrating Ministers to the House of Commons 764. of the Irish Lords and Gentlemen 769. of the London Prentices about Church-Government c. 775. of several Merchants concerning Ireland 776. of both Houses about the Kensington Business 786 of the Bishops with their Protestation 794. of the men of Bucks against Malignants c. 834 839. of the trained Bands of Westminster about dangers 839. of the Men of Bucks to the King concerning Hampden 840. of the Lord Mayor c. about the King 's going to the House of Commons 841. of several Merchants and others against Sir John Byron 881. of the Bishops either to be tried or bailed 883. Petition and Advice of the Scots Commissioners to the King 876. Petitioners for Episcopacy discouraged 655. Sir John Pettus Knighted 680. Father Philips the Queens Confessor 310. appears 315. sent to the Tower 594. a Message about him from the House of Commons to the House of Lords 597. an Information against him 599. the Queens Letter concerning him 605. petitions to be released 661. order of the House of Lords about him 691. and of the House of Commons about his Trunk 69â— â—bailed 711. Bishop Pierce see Bishop of Bath Lord Pierepoint ordered to the Black Rod for Words 740. petitions to the House of Lords and is released 742. Sir William Pierepoint his Speech at the Impeachment of Sir Robert Berkeley 332. William Pierson a Witness against the Earl of Strafford 94. Place for Trial of the Earl of Strafford agreed by both Houses 28. Plague in London 463. Orders to prevent its spreading 478. Plate a Motion that it be brought in and coin'd 259. Plymouth Bill past 410.
Chapters 298. about the Palatinate 379. against parting with the Disbanded Soldiers 465. two Speeches of the Lord Newark concerning Bishops 251. of the Lord Say against Bishops Votes 266. of Sir Henry Vane against Episcopaâ—â— Government 276. of William Thomas against Deans and Chapters 282. of Mr. Pury against the same 289. of the Speaker of the House of Commons to the King at passing the Bill for Tonnage and Poundage 307 706. and of the Bill for Poll-money 326. of Sir Simon D'ewes about the Poll-Bill 322. of Sir William Parkins against Bishop Wren 330. of Sir William Pierrepoint at the Impeachment of Sir Robert Berkley 332. of Mr. Hide at delivering the Articles against the Lord Chief Baron c. 343. of Mr. Waller at the Impeachment of Mr. Justice Crawley 349. of Mr. Hollis in behalf of Sir Randal Crew 365. about the Palatinate 378. in justification of the Votes for taking the Protestation 416. of Sir Simon D'ewes about the Palatinate 368. of Sir Thomas Widdrington at delivering the Articles against the Bishop of Ely 395. of Pym at a Conference about Excluding the Bishops Votes in the case of the thirteen impeached 500. of Mr. St. John about the same 501. of Audley Mervin at exhibiting Articles of Treason against Sir Richard Bolton 556. of Pym against Evil Councellors 619. of the Recorder of London to the King upon his return from Scotland 675. of the Lord Kimbolton at his Impeachment 815. of Hamden at his 817. of Mr. Grimstone concerning breach of Priviledge 825. of Glyn about the same 827. of the Earl of Monmouth about fears 849. of Sir Philip Stapleton concerning the Lord Digby and Collonel Lunsford 870. of Mr. White against the Bishops 885. formal Speeches declared unparliamentary by the House of Lords 265. Stanneries for Court Sir Philip Stapleton a Witness in the case of the Earl of Strafford 92. Statute of 〈…〉 cited 97. Star-Chamber a Bill for taking it away 258 324. past 271 327. a Message about the Officers of it 368. a Report about them 389. Earl of Strafford a short account of his rise 2 3 4. inveigh'd against in Parliament by Sir John Clotworthy 5. advised to withdraw 6. Impeach'd by the Commons 7. taken into Custody 8. sent to the Tower 10. his Answer to the Impeachment 20 to 27 brought to his Tryal 29. his several Defences see Defence taken with a fit of the Stone 100. Bill of Attainder against him 103. past by the King 195. he Petitions for his Children 196. his carriage at his Death 198. his Speech upon the Scaffold 199. Epitaphs upon him 204 205. his Wife and Children interceeded for by the House of Lords 237. his Death of what miserable consequence to Ireland 537. Lord Strange his Letter of dangers in Lancashire 650. Strangers by Proclamation commanded to depart Dublin and the Suburbs 637. Sir John Strangeways his motion against Tumults slighted 259. Sir Robert Strickland a Witness in the case of the Earl of Strafford 93. Strode one of the Committee to prepare a Charge against the Earl of Strafford 7. impeach'd of High-Treason 811. Subsidies six the Bill for them past 243 Subsidies granted by the Clergy 391. Summary of Evidence against the Earl of Strafford 104. Superinduction to a Rectory a Case upon it 511. T. COllonel Taaf committed by the House of Commons 785. Mr. Taylor an honest Burgess of Windsor expell'd the House and committed to the Tower 257. discharged 286. Sir John Temple his Letter from Ireland 371. Term abbreviated 238. Thanks ordered to the Queen by the House of Commons 405. to the Earl of Bristol by the House of Lords 430. to the Lord General by the same 496. to Calamy and Marshal by the House of Commons 775. by the same to the Train'd Bands Sheriffs and Major Skippon 838. to the Inhabitants of Bucks 884. to the Scots Commissioners 887. William Thomas his long Speech against the Bishops 211 to 226. another Speech against Deans and Chapters 282. Thorp a Witness against the Earl of Strafford 53. Tobacco two Proclamations of the Earl of Strafford about the Sale of it 66. Toleration of the Popish Religion in Ireland Votes and Debates about it 737 754. Tonnage and Poundage a Bill for it 257. 294 308 381 383 447 687 708. Fower of London a Conference about the Lieutenant there 773 778 Order of the House of Commons about it 775. their Declaration upon it 778. The Constable desired by the House of Commons to reside there 780. a Message to the House of Lords about it 835 844. Trained Bands raised to guard the Parliament 492. those of Westminster their Petition to the House of Commons 839. Earl of Traquair a Witness in the case of the Earl of Strafford 82. Treaty between the Lords c. of the Pale and the Ulster Rebels 907. with the Irish Rebels proposed 917. Tredagh opportunely garrison'd 636. Relief for it unfortunately defeated 905. Mr. Baron Trevor impeach'd by the House of Commons 343. Articles against him 352. Mr. Trevor ordered to be of Council for the Bishops 648. Tryal of the Earl of Strafford the manner agreed by both Houses 36. Tumult about the Spanish Ambassadors House 187. another on a ridiculous occasion 192. a Conference about them 245. Order of the Lords about them 246. Tumults about the Queen Mother 247. disturb people at the Communion 271. Order about them 275 291 393 395. Tumults about the French Ambassador 468. Order about them 476 603 692 856. Judges report the Statutes in force against them 709. But they are favour'd by the House of Commons 709. disavow'd by the Common-Council of London 712. 803. more Tumults 781 788 789 792. a Committee of the Lords to consider upon them 781. still favour'd by the Factious Commons 784 790 792 838. a Proclamation against them 786. Message from the House of Commons about them 789. Tumultuary Petitioning encouraged by the House of Commons 735. Sir Arthur Tyrringham a Witness for the Earl of Strafford repels the Irish Rebels at Lisnegarves 906. V. SIr Henry Vane Enemy to the Earl of Strafford and why 3. a Witness against him 82 83 84. his Speech against Episcopal Government 276. his Letter to the Lords Justices of Ireland 565. Sir Henry Vane junior produces a Paper pernicious to the Earl of Strafford 103. an Account of it 208. Captain Ven a godly Complainant 496. Venetian Ambassador a Priest of his Retinue imprison'd 394. he complains of the breaking open his Pacquet 640. Answer of the House of Lords 1641. his reception of it 643. a Message from him 655. Vintners Case against Alderman Abel and Kilvert 256. Voluntiers come in for Ireland 772. Message from the King about them 787 789 793. Votes of both Houses concerning the Irish Affairs 600 642 643 729 755 762 772 778 791. concerning Breach of Priviledge 741. Votes of the House of Lords upon debating the Bill concerning the Bishops 255. against the New Canons c. 285. concerning the Council at York 388. about
Strafford The House of Commons in their own Name and in the Name of the whole Commons of England have this day accused your Lordship to the Lords of the Higher House of Parliament of High Treason the Articles they will in a few dayes produce in the mean time they have Resolved That your Lordship shall be Committed into Safe Custody to the Gentleman Vsher and be Sequestred from the House till your Lordship shall clear your self of the Accusations that shall be laid against you Whereupon he was immediately taken into Custody by James Maxwell Usher of the Black Rod. And that the Commons might Disable him of the Testimony and Assistance of Sir George Radcliff his great Friend and Confident it was resolved to make him a Party and accuse him of High Treason and Confederacy with the Earl which was accordingly done as is more at large related before to which the Reader is referred only a Debate worth the Observation arose upon his being a Member of the Parliament in Ireland Whether he could without Breach of Priviledge be sent for Upon which it was Resolved as a thing out of all Doubt That in case of High Treason Priviledg of Parliament neither here nor there doth reach to Protect him Notwithstanding which when afterwards his Majestie accused the Lord Kimbolton and the Five Members of High Treason and Exhibited Articles against them they did not only protect them but arraigned that proceeding as the Highest Violation of the Priviledges of Parliament making it one of the main Foundations upon which they built the Justice of the succeeding Rebellion and their taking up Arms against his Majesty It was Ordered Wednesday Novemb. 18. That no Member of the House of Commons shall visit the Earl of Strafford during his restraint without Licence first obtained from the House And the same Order was taken in the House of Peers and all the time of his Imprisonment the Lieutenant of the Tower brought in a Weekly account of the Names of those persons who visited him and by whose Order Upon Munday Munday Nov. 23. Novemb. 23. Mr. Pym presented a draught of Articles to the House which being referred to the Committee who were to prepare a Charge against the Earl were by them reported and agreed to by the House and Mr. Pym ordered to go up with them to the Lords which upon Wednesday following he did accordingly Wednesday Nov. 25. and before their Lordships laid out his Talent of Speech-making upon that subject as follows The Articles being first tendred and Read which were these I. THat he the said Thomas Earl of Strafford Articles of Impeachment against the Earl of Strafford Nov. 25. hath Trayterously endeavoured to subvert the Fundamental Laws and Government of the Realms of England and Ireland and instead thereof to introduce an Arbitrary and Tyrannical Government against Law which he hath declared by Trayterous Words Counsels and Actions and by giving his Majesty advice by force of Armes to compel his Loyal Subjects to submit thereunto 2. That he hath Trayterously assumed to himself Regal power over the Lives Liberties Persons Lands and Goods of his Majesties Subjects in England and Ireland and hath exercised the same Tyrannically to the subversion and undoing of many both of Peers and others of his Majesties Liege people 3. That the better to enrich and enable himself to go thorow with his Trayterous Designs he hath detained a great part of his Majesties Revenue without giving legal account and hath taken great Summes out of the Exchequer converting them to his own use when his Majesty was necessitated for his own urgent occasions and his Army had been a long time unpaid 4. That he hath Trayterously abused the power and authority of his Government to the encreasing countenancing and encouraging of Papists that so he might settle a mutual dependance and confidence betwixt himself and that Party and by their help prosecute and accomplish his malicious and tyrannical designs 5. That he hath maliciously endeavoured to stir up enmity and hostility between his Majesties Subjects of England and those of Scotland 6. That he hath Trayterously broken the great Trust reposed in him by his Majesty of Lieutenant General of his Army by wilfully betraying divers of his Majesties Subjects to death his Army to a dishonourable defeat by the Scots at Newborn and the Town of New-Castle into their hands to the end that by the effusion of blood by dishonour and so great a loss of New-Castle his Majesties Realm of England might be engaged in a National and Irreconciliable quarrel with the Scots 7. That to preserve himself from being questioned for those and other his Trayterous Courses he laboured to subvert the Right of Parliaments and the ancient course of Parliamentary Proceedings and by false and malicious slanders to incense his Majesty against Parliaments By which Words Counsels and Actions he hath Trayterously and contrary to his allegiance laboured to alienate the hearts of the Kings Liege people from his Majesty to set a division between them and to ruin and destroy his Majesties Kingdoms for which they impeach him of High Treason against our Soveraign Lord the King his Crown and Dignity 8. And he the said Earl of Strafford was Lord Deputy of Ireland and Lieutenant General of the Army there viz. His most excellent Majesty for his Kingdoms both of England and Ireland and the Lord President of the North during the time that all and every the Crimes and Offences before set forth were done and committed and he the said Earl was Lieutenant General of all his Majesties Army in the North parts of England during the time that the Crimes and Offences in the fifth and sixth Articles set forth were done and committed 9. And the said Commons by protestations saving to themselves the liberty of exhibiting at any time hereafter any other Accusation or Impeachment against the said Earl and also of replying to the Answers that he the said Earl shall make unto the said Articles or to any of them and of offering proofes also of the premisses or any of them or any other impeachment or accusation that shall be exhibited by them as the cause shall according to the course of Parliaments require do pray that the said Earl may be put to answer for all and every the premisses that such Proceedings Examinations Tryals and Judgments may be upon every of them had and used as it is agreeable to Law and Justice My Lords THese Articles have exprest the Character of a great and dangerous Treason Mr. Pym's Speech after the Reading the Articles against the Earl of Strafford Nov. 25. such a one as is advanced to the highest degree of Malice and of Mischief It is enlarged beyond the limits of any description or definition it is so hainous in it self as that it is capable of no aggravation a Treason against God betraying his Truth and Worship against the King obscuring the Glory and weakning the foundation
the now Lord Chancellor and the Chief Justice of the Common-Pleas upon the Proofs in the Chancery decreed for the Plaintiff to which he refers himself and it may be the Lord Mountnorris was thereupon put out of his Possession To the Seventh he saith His Majesty being Intituled to divers Lands Lord Dillon his Patent questioned upon an Inquisition found Proclamation was made That such as Claimed by Patent should come in by a day and have their Patents allowed as if they had been found in the Inquisition and accordingly divers were allowed The Lord Dillon produced His Patent which being questionable he consented and desired that a Case might be drawn which was drawn by Counsel and argued and the Judges delivered their Opinions but the Lord Dillon nor any other were bound thereby or put out of Possession but might have traversed the Office or otherwise legally have proceeded that Case or Opinion notwithstanding To the Eighth he saith That upon Sir John Gifford's Petition to the King The Lord Loftus close Prisoner not delivering the Great Seal His Majesty referred it to the Deputy and Council of Ireland where the matter proceeding legally to a Decree against the Lord Loftus and upon his Appeal that Decree by his Majesty and his Council of England was confirmed to which Decree and Order he refers himself believing the Lord Loftus was committed for disobeying that Decree and for continuance in contempt committed close Prisoner He saith That the Lord Loftus having committed divers Contempts the Council by Warrant required him to appear at the Board and to bring the Great Seal with him which Order he disobeyed and was shortly after Committed and the Great Seal was delivered up by his Majesties express Command and not otherwise And an Information was exhibited in the Star-Chamber for grievous Oppressions done by the Lord Loftus as Chancellor whereof he was so far from justifying as that he submitted desiring to be an Object of his Majesties Mercy and not of his Justice The Earl of Kildare for not performing of an Award made by King James The Earl of Kildare Committed and of an Award made in pursuance thereof by the said Earl of Strafford upon a Reference from His Majesty was by the Deputy and Council Committed and a Letter being unduly obtained he did not thereupon enlarge him but upon another Letter and submission to the Orders as by the King was directed he was enlarged The Lady Hibbots and one Hoy her Son having upon a Petition Answer Examination of Witnesses and other Proceedings at Council-Board been found to have committed foul abuses by Fraud and Circumvention to have made a Bargain with the Petitioner Hibbots for Lands of a great value for a small sum of Money was Ordered to deliver up the Writing no Assurances being perfected or Money paid and it 's like he threatned her with Commitment if she obeyed not that Order but denieth that the Lands were after sold to Sir Robert Meredith to his use or that by any Order by himself made any one hath been Imprisoned concerning Freeholds but for debts and personal things as some have been used by all his Predecessors in like Causes To the Ninth he saith Warrants to such Effects have been usually granted to the Bishops in Ireland in the times of all former Deputies but the Earl not satisfied with the conveniency thereof refused to give any such Warrants in general to the Bishops as had been formerly done but being informed that divers in the Diocess of Down gave not fitting Obedience he granted a Warrant to that Bishop whereto he referreth which was the only Warrant he granted of that Nature and hearing of some Complaints of the Execution thereof he recalled it To the Tenth he saith The Lord Treasurer Portland offered the Farm of the Customs for 13000 l. per annum in some particular Species but the Earl of Strafford advanced the same Customs to 15500 l. per annum and 8000 l. Fine and by His Majesties Command became a Farmer at those Rates proposed without addition to those Rates as by the printed Books 7 Car. Regis may appear he disswaded the advance of Rates lately proposed by Sir Abraham Dawes so as it was declined the Rates of Hydes and Wooll are moderate consideration being had of their true value and of the Places whereto they are to be transported and of the Statute made in the time of Queen Elizabeth and there in force prohibiting the Exportation of Wooll unless they pay to the Crown 5 s. the Stone the Trade and Shipping of that Kingdom are exceedingly increased To the Eleventh he saith Pipe-staves were prohibited in King James's Time and not Exported but by Licence from the Lord Treasurer of England or Lord-Deputy of Ireland who had 6 s. 8 d. a 1000 and his Secretary 3 s. 4 d. for the Licence but to restrain that destruction of Timber by Command of His Majesty and Advice of His Council for His Revenue in Ireland first 30 s. then 3 l. the money was paid to His Majesty who hath thereby about 1500 l. per annum and his Lordship lost about 4 or 500 l. per annum which his Predecessors had for such Licences This is paid by the Transporter not by the Natives whose Commodity nevertheless appears by the Article to be very much increased To the Twelfth he saith The Subsidies there are an Inheritance in the Crown by Act of Parliament 6 d. was paid for Subsidy and 1 s. 6. d. for Impost upon every pound of Tobacco and Farmed 10 or 20 l. per annum the Commons in Parliament 10 Car. Regis finding the Revenue to be short of the Expence of that Kingdom 24000 l. per annum Petitioned those Grants might be applied to increase His Majesties Revenue without calling upon the Subject but upon urgent Occasions Hereupon upon the Advice of the Committee of the Revenue and in consideration of a Proclamation made in England several Proclamations were made and this settled in a way till it could be confirmed by Parliament for which purpose a Bill is transmitted according to the desire of the Commons and the Impost of Tobacco is Let to Contractors for eleven years at 5000 l. per annum for the first five years and 10000 l. per annum for the other six years and the Earl hath lent money to forward the business and by His Majesties Allowance is a Partner but hath not as yet in two years last past had any Accompts thereof or made benefit thereby He knoweth of no whipping or other punishment the Farmes of the Customs are better than formerly 2000 l. per annum five 8 parts whereof is yearly paid unto His Majesty the prices of Tobacco exceed not 2 s. or 2 s. 4 d. the pound the settling of that Revenue according to the Petition of the Commons he hath not raised or countenanced any Monopolies but opposed the same To the Thirteenth he saith He endeavoured to advance the Manufacture of
Linnen rather than of Woollen-Cloth which might prejudice that Trade here he bought Flax-seed in the Low-Countries and sold it at the same Rate to such as desired it they making their Cloaths not above a Foot broad and winding 8 or 10 threads from several bottoms together the contrary was twined their Flax formerly not above a Foot became a yard in length and that soil is fit to bear it and the People love such easie Works He hath set up many Looms made much Cloth and sold it to the loss of some Thousands of pounds but when the State saw the Natives would not change their old Courses for new and better the Proclamation was declined What he did was for the Publick Good and had nothing from them that was not fully paid for To the Fourteenth he saith He refers to the Oath and Proclamation which was set forth by the said Earl and Council of State there at the instance of the Farmers of the Customs towards the defrauding of the King's Duties being in France whereof His Majesty had five eight parts He never heard any Complain of the Oath or of any that refused to take it and conceived it to be lawful divers of the Council approving it being Learned Judges of the Law to whose judgment for the legality he submitted as well in that as to other matters of like nature To the Fifteenth He denieth what is in the Article Objected but saith That about the Year 1626. certain Agents authorized in Ireland were sent into England and offered and agreed to pay to His Majesty 120000 l. in Six Years towards the maintenance of his Army and a like payment of 20000 l. per annum was after agreed and continued for Three Years longer the Assessments were made and it was shortly after by them and the Lord Faulkland then Deputy agreed in Ireland that the Money should not be charged upon Record but levied by Captains by Paper-Assignments upon Warrants from the Lord Deputy and this course was held four Years in the Lord Faulkland's time and the four years wherein the Lord Loftus and the Earl of Cork were Lords Justices there and it held for the remaining year only after the Earl of Strafford came thither but the Earl of Cork having spared those Towns for the benefit of himself and Tenants during the time of his being Justice The Earl of Strafford reduced the Assessments to what it was made by the Lord Faulkland and gave way that Sir William St. Lieger Lord President of Munster to take the same Arrerages in satisfaction of a Debt due unto him by His Majesty and he is confident no force was used in levying the same It hath been usual to lay Souldiers to levy that Contribution to send Souldiers to apprehend Contemners of Orders made at Council-Board and the like and when Out-Laws and Rebels have been in the Woods no Souldiers have in his time been laid but by the Advice of the Council there Touching the Castle-Chamber it 's a parcel of the Territory of Ideough whereto the King was Intituled by Inquisition and the Possession established in a Legal way when the said Earl was in England and no Souldiers were sent but only 12 at the intreaty of Mr. Wanesford for security of his Houses and Plantations against Rebels that then were out and burned and spoiled Houses thereabouts and neither Richard Butler's or any other Family were thence expelled by the said Earl from their Estates To the Sixteenth he saith There was such a Proposition which was just to prevent clamorous Complaints here which there might be redressed but conceives that by the Laws there and the Articles known since by the name of the Articles of Grace made about Fourteen Years since none ought to depart that Kingdom without Licence Thereupon the Advice of the State the Proclamations were set forth but not with such intent as in the Article He denied Licence only to Three the Earl of Cork the Lord Mount-Norris and Sir Frederick Hamilton To the two former in regard of Criminal Suits then against them in the Castle-Chamber To the other by special Command from His Majesty but so soon as Sir Frederick said he would Complain of the Earl he made Suit to His Majesty That Sir Frederick might come over which was granted He conceives such restraint to be necessary and if that it be not continued it will prove of Evil Consequence to that Kingdom Parry was questioned at the Council-Board for Misdemeanors and to avoid Sentence secretly went out of the Kingdom and at his return for that and other Offences was Fined and Imprisoned to the Sentence thereof he refers and knows of no other that were Imprisoned as by the Article is Charged To the Seventeenth he saith It 's like he might say for the better encouragement of the Officers and Souldiers of the Old Irish Army in discharge of their several Duties that His Majesty was so well satisfied in the way and pains they took in using and practizing of their Arms that in that Point he would set them as a Pattern to be imitated and conceives it would not be ill if they were so they being in the Opinion of those that have seen them Exercise very Able and Expert Souldiers he spake not other words or to other purpose To the Eighteenth he saith When the Earl of Cork was one of the Lords Justices he seized some Houses in Dublin pretending they belonged to Jesuits and Fryers without Legal Proceedings which upon Suits prosecuted at Council-Board were according to Justice restored to the Owners but how since imployed the Earl of Strafford knoweth not but endeavoured the utmost he could to maintain that Seizure Touching the 8000 men he saith They were raised according to the King's Warrant and that the said Earl left the Care thereof to the Earl of Ormond and others and what number are Protestants what Papists he knoweth not but believeth such a Body cannot be there raised without many Papists the greatest number of the Captains and Officers are Protestants chosen by the said Earl The 1000 man were drawn out of the Old to make Officers for the New Army and believeth the 1000 put to the Old Army are Protestants in regard by his express Order no Papist is to be admitted there a Common Soldier He never preferred any Captain Lieutenant or Ensign to be of that Army that was a Papist and conceives they are duly paid and believes those newly raised exercise the Religion no otherwise than was practised before the Earl's coming thither He was a Commissioner to Compound with the Recusants for their Forfeitures and endeavoured to be informed of the utmost value of their Estates in four years he brought that Revenue from 2300 l. to be between 11 and 12000 l. per annum more than ever was raised formerly in so short a time by which faithful dealings for His Majesty he procured the hard Opinion of the Recusants throughout the Kingdom that out of those
Earl came attended from the Tower by 6. Barges wherein were about 100 Souldiers with Partisans for his Guard and 50 pair of Oars came along with him At his Landing in Westminster he was attended by 200 of the Train-Bands who Guarded him into the Hall the Entrances at White-Hall Kings-street and Westminster were Guarded by the Constables and Watchmen from 4. of the Clock in the Morning to prevent the concourse of base idle and inferior Degrees of People who are apt upon such occasions to flock together and produce mischief and disorders The King the Queen and Prince came to the Hall about 9. of the clock but did not appear publiquely only the Prince came out once or twice to the Cloth of Estate so that the King saw and heard all that passed but was seen by none Some give the Reason of this to proceed from the received Practice of England in such Cases Others were of Opinion That the Lords intreated his Majesty either to absent himself or to be there privately lest hereafter it might give occasion to pretensions that his being there was to over-aw or some other ways interrupt the Course of Justice A third That the King was not willing to appear as an Actor in the Process till it came to his part but rather he chose to be present Incognito that he might Observe and vnderstand whether any Violence Rigor or Injustice were used in the Trial. At the Lieutenant's Entrance into the Hall the Porter of the Hall whose Office it is inquired of Mr. Maxwell Whether the Ax should be carried before him or no who answered That the King had Expressly forbidden it Nor was it ever the Custom of England to use that Ceremony but only when the Party accused was to be put upon his Jury At the Trial the Lords of the Upper House sate Covered the Members of the Lower House uncovered The Lords Spiritual were not at all present having on Saturday before absolutely declined appearing in Causa Sanguinis thô withal Entring a Protestation That their Absence should not prejudice them of that or any Priviledg appertaining to them as Lords Spiritual in Parliament The Earl of Arundel who was by His Majesty constituted and appointed Lord High Steward by Commission under the Great Seal of England sate apart by himself and all things being now in a Readiness the Managers of the Evidence standing at the Barr the Noble Prisoner was called for and being brought by Sir William Balfour Lieutenant of the Tower after an Obeysance given he came to the Barr and kneeled and after standing up the Right Honourable Thomas Earl of Arundel and Surrey Lord High Steward of England acquainted him That his Lordship was called before the Lords in Parliament to Answer to and be Tryed upon the Impeachment presented to them by the Commons House in Parliament in the Name of themselves and all the Commons of England And that their Lordships are resolved to hear both the Accusation and Defence with all Equity and therefore thought fit that in the first place his Lordship should hear the Impeachment of High Treason read which was done accordingly the Articles being delivered in by Mr. Pym. While it was reading a Chair was brought for him by the Gentleman Usher and by the Direction of the Lords he was permitted to repose himself After the Charge the Earl's Answer was likewise read which took up the whole time of the First Day The Queen went from the House about 11 of the Clock the King and Prince stayed till the Assembly was Adjourned which was about Two of the Clock and the Earl was remanded to the Tower with his Guard and appointed to appear again upon Tuesday at 9. of the Clock The Confluence of People was neither numerous nor insolent all of them Saluted him both at his Landing and Return which with a Generous Humility he did most courteously receive and return By which it is Evident how false the Rumors were which Malevolent Persons Raised that the Populace was so inraged at him that they would go near to tear him in pieces The Multitude is an Unruly Animal but yet certainly Report does in these cases encrease the Danger and a Tumult is not altogether so insensible of punishment as not to fear it notwithstanding Numbers seem to plead an Exemption from it and to frighten Justice from her Seat But this sluggish Creature the Mobile is then certainly most Dangerous when like the Unstable Element it does Resemble it is raised by the Turbulent breath of Sedition to overflow the Bounds of Duty and outrage all that is called Justice and there wanted not such spirits who by spreading these Rumors of the Discontents of the People taught them to be Discontented and by predicting of Disorders learnt at least their own Faction to know what was Expected from them upon Occasion and how calm soever the People seemed to be yet the Conclusion of this Tragedy will make it appear that some Persons had Tumults at Command and could upon Occasion raise the dangerous Tempest of the Madness of the People not inelegantly coupled with the Raging of the Sea by the Royal Prophet Upon Tuesday in the Morning the Earl came accompanied as before to Westminster The Second Day Tuesday March 23. and having stayed in the Exchequer Chamber till 9. of the Clock the King Queen and Prince being come and that High and Illustrious Court being set he was again brought to the Barr and the Lord High Steward having commanded the Committee of the Commons who were to manage the Evidence to proceed Mr. Pym in a large and studied Oration full of Hyperbolical Figures and Insulting Eloquence opened amplified and inforced the Charge by raveling the Answer of the Earl to his Articles of Impeachment in manner following My Lords WE stand here by the Commandment of the Knights Mr. Pym's Speech at the Trial of the Earl of Strafford March 23. Citizens and Burgesses now Assembled for the Commons in Parliament and we are ready to make good that Impeachment whereby Thomas Earl of Strafford stands charged in their Name and in the Name of all the Commons of England with High Treason This My Lords is a great Cause and we might sink under the weight of it and be astonished with the Lustre of this Noble Assembly if there were not in the Cause Strength and Vigour to support it self and to encourage us It is the Cause of the King it concerns His Majesty in the Honour of His Government in the Safety of His Person in the Stability of His Crown It is the Cause of the Kingdom It concerns not only the Peace and Prosperity but even the Being of the Kingdom We have that piercing Eloquence the Cries and Groans and Tears and Prayers of all the Subjects assisting us We have the Three Kingdoms England and Scotland and Ireland in Travail and Agitation with us bowing themselves like the Hindes spoken of in Job to cast out their Sorrows Truth
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
Rules of Justice He hath taken away mens Inheritances And here My Lords is an offering of Rapine an offering of Injustice and Violence And will God accept such an Offering Must the Revenues of the Church be raised that way It is true it was the more in the way of his own Preferment He knew who sate at the Helme here the Archbishop of Canterbury and such services might win more credit with him It was not an Eye to God and Religion but an Eye to his own Preferment I shall speak no more of that 9. I come to the 9th head and that is the building of Churches Many Churches have been built since his Government Truly My Lords why he should have any Credit or Honour if other men builded Churches I know not I am sure we hear of no Churches he hath built himself If he would have been careful to have set up good Preachers that would have stirred up Devotion in men and made them desirous of the knowledg of God and by that means made more Churches it had been something But I hear nothing of Spiritual Edification nothing of the knowledg of God that by his means hath been dispersed in that Kingdom And certainly they that strive not to build up mens Souls in a Spiritual way of Edification let them build all the material Churches that can be they will do no good God is not worshipped with Walls but he is worshipped with Hearts 10. He saith in the 10th place That many Orthodox and Learned Preachers have been advanced by his means and the Doctrine and Discipline of the Church of England by his means Protected and Defended My Lords I shall give but two or three Patterns of the Clergy that he hath preferred If you will take Doctor Atherton he is not to be found now above Ground For he was hanged for many foul and unspeakable Offences Doctor Bramhill hath been preferred to a great Bishoprick but he is a man that now stands Charged with High Treason he hath been but few years in Ireland and yet hath laid out at least 30000 l. in Purchases I shall name but one Chaplain more and that is one Arthur Gwyn who about 1634. was an Vnder-Groom to the Earl of Corke in his Stable In the year after Dr. Bramhill preferred him to be a Clergy-man and a Parsonage and two Vicaridges Impropriate were taken from my Lord of Corke and given to this Arthur Gwyn I shall add no more Patterns of his Clergy 11. I go to the 11th and that is concerning the Army He hath many glorious Expressions of his Service concerning the Army That they are 1000 Horse and 2000 Foot And that there hath been very few Papists Soldiers or Officers and none preferred by himself Truly I think he says true or within one of true in this for there was but one preferred by himself and therefore I shall not stand upon that But he says this Army was paid out of the Revenue of the Crown which heretofore it was not wont to be To that I have spoken before and shewed that many years before his time all the Charges of Ireland were born within Ireland He says and I speak that as to the Army too That neither the Arms nor Wages have been burdensome to the People of Ireland but their Lodgings and Billettings have not been easie and not without discontent Why My Lords in Dublin it self where they have a Charter that Exempts them from Billetting of Soldiers they have been fain to pay for Billetting of Soldiers Nay those Soldiers that were Servants and Dwellers in his own houses and other places must have their Billetting moneys And of this there hath been Petitions and Complaints nay it hath been spoken of in Parliament there and yet he can tell you that the marching and laying of Soldiers is without burthen and grievance to the People that was the Eleventh 12. I go to the 12th and that is the great increase of Trade The increase of Shipping 100 to one Truly My Lords in a time of Peace and in a growing Kingdom as that was being formerly unhusbanded It is no wonder that when Land encreases in the Manurance and People increase in Number both Shipping and Trade increases But it is the advantage of the time not the advantage of his Government for My Lords his Government hath been destructive to Trade And that will manifestly appear by the multitude of Monopolies that he hath exercised in his own Person And that is all I shall speak to the 12th 13. The 13th is That Justice hath been administred without bribery without partiality without Corruption these are Glorious things But there will as much fall upon him of Corruption and Injustice as of any other Offence And that My Lords will appear to you through the whole Course of our Evidence I shall not now speak of the particulars And that we may not content our selves with particular witnesses only I shall humbly desire That the Remonstrance of the Parliament of Ireland both of the Lords and of the Commons may be read And they will give a sufficient Testimony of the quality of his Justice 14. The 14th My Lords is this That he hath been a Means to His Majesty for a Parliament in England It is true he was And it is as true that we count that as mischievous a part of his design as any thing else Into what a miserable Dilemma My Lords did he bring the Kingdom that we must surrender the Liberties of the Kingdom in Parliament or see them oppressed with Force and Violence out of Parliament The particulars of this I shall leave for the instant for there is an Article that concerns this I have now passed through all the material parts of the Apologetical Preamble He concludes with a desire that he may not be charged with Errors of his understanding or Judgment being not bred up in the Law or with weakness to which humane Nature is Subject Truly it would be far from us to charge him with any such mistakes No My Lords we shall charge him with nothing but what the Law in every man's breast condemns the Light of nature the Light of common reason the Rules of Common Society and that will appear in all the Articles my Colleagues will offer to you My Lords I have some few Witnesses which I shall desire may be heard to the points I have opened and I shall in the first place desire that Sir Pierce Crosby may be heard concerning the Breach of Priviledge in Parliament also Sir John Clotworthy Nich. Barnewell Nicholas Plunket and Sir James Montgomery I have some witnesses to the point of the Revenue Sir Robert Pye Sir Edward Warder and Sir Adam Loftus To all which bitter Invectives the Earl in his occasional replies answered with as much Temper and Moderation as the other spoke with Heat and Passion making his defence with that Vivacity of understanding clearness of Expression and with such a Decency both of
advance their Trade and Manufactures could not be very valuable since they made any alteration of their ancient Customs how foolish and unreasonable soever a great Grievance and Occasion of Complaint and there is Extant in the Paper-Office a Petition to reverse an Order of the Council-Board forbidding them to plough with their Horses tyed only to one anothers Tails and to use the English way of Traces for their more commodious performing the service of their Tillage But his last expressions put the Managers into a great heat and Mr. Glyn cryed out My Lords these words are not to be suffered charging the House of Commons with Faction Correspondency and Conspiracy we desire your Lordships Justice in this so watchful were they to catch at any seeming advantage even of an incautelous Expression But the Noble Prisoner with his wonted Temper replyed God forbid I should think there was or could be any thing in that House or any Member of it but that which agrees with Truth Justice and Equity and turning to the Lords protested he had no intention to reflect either upon the Lords House in Ireland or the Commons here but upon certain Persons that were not Members of the Commons House here that held Correspondency with some in Ireland that are no Members of the House there Then the Remonstrance of the Commons House in Ireland was read being in Effect the same with that from the Lords The next thing which was insisted on was the point of the Revenue Sir Edward Warder Sir Robert Pye Lord Mountnorris Witnesses which they endeavoured to prove he had not advanced by the Testimony of Sir Edward Warder Sir Robert Pye and the Lord Mountnorris to which my Lord made appear that he found the Crown indebted 100000 l. at his Entrance but had since improved the Revenue so that Ireland was able to subsist without being as it had been in the time of his Predecessors a burthen to England and that at his coming over he left 100000 l. in the King's Exchequer and in Fine the Managers did as good as give him the point for they confessed that it was not to be denied but the Revenue was encreased by such means as my Lord Strafford hath increased it but that it was not the Natural Revenue but the Bounty of the Country that supported the Charge before my Lord came to the Government so that to say Ireland did not support it self before in the general sence is untrue but to say in a special sence that the King 's proper Revenue did not support it his Lordship says true From whence the Earl inferred that therefore it was not material to insist upon it They then Charged him with receiving 24000 l. of the King's Revenue and making use of it which in Effect he did not deny it being a particular Favour of the King to permit him so to do and that he gave good security for the money and had also repaid it The Managers here took exceptions at the Earl's interlocutory discourses to which he answered applying himself to the Lords That he should willingly submit to the Order of their Lordships only there were some things put upon him which were not in the Charge to which he craved Liberty to recollect himself to make his Defence making protestation as in the Presence of Almighty God and by the hopes he had to be delivered out of his Afflictions that he never had other Intentions then to be true and faithful to his Majesty and the Common-wealth and that he hoped to regain the same good opinion of the House of Commons which he once had when he was once a Member of it being he was still the same person both in Opinion and Intention This the Managers opposed and urged to have him answer immediately desiring if he did not answer then he might be precluded from any future Answer Upon which he renewed his Request but withal desired their Lordships if it could not be granted to bear with many infirmities both of his Body and Mind which were very great and which did plead for a little Favour and Compassion He said the House of Commons proceeded with Justice according to their Information but that he knew it was in the Hearts of all that heard him that he should have time to clear a truth that no person could he thought deny it and therefore humbly prayed he might not be surprized Hereupon the Lords adjourned to their House for half an hour and at their return Ordered him to make his Answer presently which to the Admiration of the hearers he did as followeth My Lords I Shall never do other than readily obey whatsoever your Lordships should please to command me The Earl of Strafford's Speech April 23. my heart paying you Obedience and so in truth shall every thing that proceeds from me The question I observe is matter of Truth or not Truth in the Preamble as they call it of this my Answer and to that with all the Humility and Modesty in the World I will apply my self as not conceiving it any way becoming me to speak any thing of Sharpness in any kind but with all Humility and Reverence to bear all these Afflictions with acknowledgment unto Almighty God and to lay them so to my heart that they may provide for me in another World where we are to expect the Consummation of all Blessedness and Happiness And therefore to lay aside all these Aggravations by words wherewith I have been set forth to your Lordships only with this that I trust I shall make my self appear a person otherwise in my Dispositions and Actions than I have been rendred and shortly and briefly I shall fall upon the very points as near as I can that were mentioned by that Noble Gentleman and if I should forget any I desire to be remembred of them that I may give the best Answer I can on a suddain with this Protestation That if I had had time I should have given a far clearer Answer than on the sudden I shall be able to do I will take them as they lye in Order And the first thing in this Answer is That in Ireland by my means many good Laws were made for increase of the King's Revenue and for the good of the Church and Commonwealth and this I humbly conceive was not denied directly only it was inferr'd That Laws were of no use where Will was put above Law That these Laws were made the Acts of Parliament that are extant and visible things do make appear For though I might express it darkly by reason I understood not matters of Law the Truth of it is before such time as I came there the Statutes of Wills and Uses and Fraudulent Conveyances were not of force in Ireland by which there was a very great mischief that fell many ways both on the King and specially on the English Planters For by want of these Statutes no man knew when he had a good Title
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
he goes into Ireland you will find his Temper and Spirit not a whit Allayed but now being further from His Majestie 's Person he is higher in his Power and in his Will It is true that Kingdom was annexed to this many years ago but they that now possess the greatest part of it are Subjects of this Kingdom descended from them that went from hence thither Yet he tells them in a solemn Speech not suddenly but solemnly That Ireland is a Conquered Nation and the King might do with them what he would and that their Charters were nothing worth and bind the King no longer than he pleases Surely My Lords We might see what he would do if he had Power But God be blessed we find not the disposition any where resented by His Majesty and we hope that such Councels shall never have Access to so good and gracious an Ear. 4. The next thing he stays not in words but will be as good as his word if he can and he begins high For that we presents next is a Peer of the Kingdom thrust out of his Possession by my Lord of Strafford 's Order and when he Sues at Law for recovery of his Right my Lord Threatens him Truly Threatnings are not good in such a case where a man Sues for Justice And from him that ought to Administer Justice and further him in it yet he Threatens him Imprisonment to which Peers are not ordinarily liable First my Lord tells him He will not have Law nor Lawyers question his Orders he might debar the Lawyers in some Cases but why a man should have a Spleen at the Law that his Orders should not be examined by that I know not And he goes higher for when there was an occasion to speak of an Act of State he tells him That he will make him and all Ireland know that as long as he had the Government there any Act of State made or to be made should be as binding as an Act of Parliament My Lords He cannot go higher in Speeches than this That an Act of State of his own making and his own Power should be as binding as an Act of Parliament Nay he tells them in Parliament That they were a Conquered Nation and must expect Laws as from a Conquerour 5. Next we shall shew divers Instances wherein he exercises Power over the Lives Lands and all that is the Subjects deduced into several Articles viz. the 5th the 6th the 7th and the 8th In particular one I shall be bold to open That is the Case of my Lord Mountnorris another Peer of that Kingdom and a great Officer there Some words fell from that Lord speaking of one that had trodden on my Lord of Strafford 's Toe That he hoped the Party did it not in Revenge for he had a Brother that would not have sought such a Revenge For these words spoke at a private Table half a year yea seven months before my Lord of Strafford calls a Council of War and judges his Lordship to death My Lords It is no wonder that he would make the King 's little Finger so heavy that could make his own Toe heavy enough to tread the Life of a Peer under his Feet And he did not only give Sentence in that Case but caused Execution to be done in another Case upon one D. who was condemned by Martial Law and hanged at Dublin where there was no War at all Other particulars will follow when I fall upon proof 9. Then he comes to make Laws and that is in the 9th Article By the Laws of England and Ireland too the Ecclesiastical Power is distinct from the other it not extending to the Imprisonment of the Person but is to attend the King's Courts and to receive directions from thence yet he makes a Warrant to the Bishop of Downe and he made it to others too That if any of the poorer sort did not appear upon the Bishop's Citation or not obey when they did appear they should be Attached and Imprisoned Here he makes a Law of himself and subjects the Liberties of the Subjects to his own Pleasure but this was for the poorer sort of People though Justice sees no difference in matters of Estate betwixt Poor or Rich But when he hath brought it on the Poor he will afterwards bring it on the Rich. 10. The next is a Power of laying Impositions on the Subjects First he is a Farmer of the Customs he puts excessive Rates upon the Commodities that which is worth but 5 s. as the Hydes he will have valued at 20 s. and the Wool which is worth 5 s. he will have it valued at 13 s. 4 d. and by this he takes away in effect whatsoever the Commodity is worth for the Customs come very near the Value Another particular in this I shall be bold to open and I hope his Lordship will provide to give an Answer He hath advanced by this the King's Customs and a Rent of 1350 l. is encreased to the Crown But it will appear to your Lordships that the Crown hath lost and he only hath gained And whereas my Lord of Strafford says there was no other Defalcations in his Patent than in the former that will fall out to be otherwise for this is the State of the bargain There was a former Rent of 9700 l. which the Duke of Buckingham paid out of this Farm On the Earl of Strafford 's Patent that Rent is reserved and as much as came to 1350 l. more but in lieu of 1350 l. advanced to the King my Lord of Strafford hath in his Grant the Surplusage of Wines which were not in the Duke's Patent worth 3400 l. a year besides a Rent paid for the Term of the Wine of 1400 l. And whereas there was no defalcation of the Customs of London-Derry and Colerane in the Duke's Lease which amounted to 1500 l. a year my Lord of Strafford must have a defalcation for them And then the Seizures which were 500 l. a year and for Knockvergus and Straniford 2500 l. a year so here is above 5000 l. a year less to the Crown in lieu of the advance of 1350 l. a year besides the increased Customs amounting to 12000 l. a year And yet he again hath far exceeded this proportion We say further he doth not only impose on the Subjects but takes away that which is the Subjects utterly and entirely as in the case of the Flax. It is true the Employment of it belongs to Women but it is the greatest Commodity one of them of that Kingdom and of greatest profit the Revenue of the Custom of it being 800 l. a year and this he hath gotten into his own hands and possession This he got from the Natives and took it to himself He doth for that purpose issue out a Proclamation That they shall use it in such a way wherein the Natives were unskill'd and if it were not so done it should be seized and it was seized
accordingly yea their Houses broke open and their Goods taken away and brought to my Lord of Strafford 's House where they were employed in his works The like we shall instance in Tobacco 15. Next we shall shew to Your Lordships how he hath levied War upon the King's Subjects We opened in the beginning what an Arbitrary Jurisdiction he set up here we shall shew how he used it by a meer course of Enmity and Hostility For My Lords this was the course If a Decree or Order were made by him and not obeyed he issues a Warrant to the Serjeant at Arms to go to the next Garrison and take Soldiers with an Officer and carry them to the House of the party in question it is no matter where it was but to the House of them that were pretended to be disobedient they were to go If the Decree had been to raise so much money or to put parties in possession In plain terms the Soldiers were to lye like Free-booters and Enemies on the King's People to eat them up They have killed their Sheep their Oxen and they have lain not on the parties only but on their Tenants till the party comes in and renders himself They have burnt their Houses taken their Wives and Friends and carried them away till Obedience was rendered and this is a levying of War upon the King For the King and the People are both so united in Affection and Right of Law that there cannot be Violence offered to the King but it redounds to the People nor can any Oppress the People in this sort but it redounds to His Majesty Besides it is contrary to a Law of that Kingdom whereby it is Enacted That if any person shall assess Horse or Foot on any of the King's People without their consent it is High Treason The next thing we shall go to is the Favour he shewed to the Papists in their Compositions and Exemptions from all penalties of Law for they were expresly not to be proceeded against nor to be Convicted and so that which hath influence into Religion and Reformation is quite taken away and nothing but matter of Profit is left The next Article is that that concerns the Kingdom of Scotland First he begins with them in Ireland contrives an Oath which is set forth in the Articles That they shall obey the King's Royal Commands without exception This he enforceth by Fining and Imprisoning them that disobeyed him And so in all the other particulars when his Proclamations were broken his course was by Fine and Imprisonment to enforce an Obedience My Lords He doth not only press them in their Estates but strives to infuse into His Majesty an ill Opinion of them he provokes and incites Him by all his Arguments to lay down his Mercy and Goodness and Justice and to fall into an offensive War against that Kingdom He gives out that the Nation of them not this or that man are Rebels and Traytors And if it please the King to bring him back to the Sword indeed he is fit for that it is a violent weapon he will root out the Scottish Nation Branch and Root some few excepted of those that had taken the Oath When he comes into England he finds that His Majesty with great Wisdom had pacified those Storms and Troubles that threatned us there Yet he doth incense the King still to follow this to an Offensive War and prevails He plots to call a Parliament but with an intention if it furnished not his design it should be broken and he would set up other ways of force to raise Moneys of the Kingdom and this fell out unhappily For thus far his project took the Parliament was broken and broken at the very time when the Subject was in debate and consideration how to have yielded Supply to His Majesty But that he might break it he falsly informs the King That the Parliament had denied to Supply him there is his Counsel that the Parliament had forsaken the King and now the King having tryed his People might use all other ways for the procuring and raising of moneys and the same day wherein that Parliament was unhappily Dissolved he gives his further Counsel to His Majesty which because no man can put such a Spirit of Malice into the words besides himself I shall take the boldness to read That having tryed the Affections of his People he was loose and absolved from all Rules of Government and he was to do every thing that Power would admit And that His Majesty had tryed all ways and was refused and should be acquitted both of God and Man And that His Majesty had an Army in Ireland which he might employ to reduce this Kingdom It is added in the printed Book to reduce them to Obedience I know not who Printed it but the Charge is only to reduce this Kingdom And My Lords you may please to consider what a sad time this man took to reflect upon these bad Councels when our Hearts were swoln with Sorrow for that unhappy breach of the last Parliament And what doth he advise the King what positions offers he That he was absolved from all Rules of Government If there be no Rule of Government My Lords where is the Rule of Obedience for how shall the People know to obey when there is no Rule to direct them what to obey He tells the King he was refused which was untrue for he was not refused to the last breath we had in Parliament but we spake in that point how to supply the King and to prefer it at that time before the Complaints of our just Grievances But what doth he fall into that which in another Article we charge him with a Plot and Conspiracy betwixt him and Sir George Ratcliffe to bring in the Irish Army for our Confusion to root out our Laws and Government a pernicious Counsel He says not you shall do it but he that perswades it doth as much as if in express terms he had counselled the acting of it Doth he mean that we should be to his Irish Pattern for speaking of the Irish Army consisting of Papists and his Adherents he said that he would make it a Pattern for all the Kingdoms did he mean to reduce us to the Pattern that he hath placed in Ireland Surely he meant to reduce us to a Chaos and Confusion He would have us without all Rules of Government and these be the means wicked and cruel Councels and the Cruelty of an Army inspired with his Spirit and consisting of Papists Enemies of our Religion And what Mercy could we of this Religion expect from Popish Enemies with Swords in their hands That cannot but strike all English Hearts with Horrour and Dread that an Irish Army should be brought into England to reduce the Subjects of England I hope we never were so far gone in any thing as that we should need an Army to reduce us I cannot but say here is the Counsel of
the Kingdom depends on this Fail not in the speedy execution thereof as you will answer to the contrary on peril of your life Dated the last of August 1640. Mr. Glyn then said The 28 Article being still behind they are not yet resolved whether to proceed or not but they desire another day to be heard having something more to say And then the Court was adjourned and the next day appointed at 8 of the Clock Thus far in the Trial of this Noble Lord I have followed the traces of the Journals the Printed Trial by Mr. Rushworth and a Manuscript which I have by me which was found in the Chamber of a Worthy Gentleman a Fellow of Queens College in Cambridge being in the times of the Persecution hid there for upon taking up the boards to new lay the floor of the Room the Work-men found it the Author who ever he was saith he was an Eye and Ear-Witness to the whole Transaction and averrs his account in the Matters of Fact to be just and Faithfull And therefore Mr. Rushworth having not done intire right to the Memory of that Great Man wholly omitting the further proceedings till the summing up the Evidence by my Lord and the Replies upon it together with many Remarkable Circumstances conducing to the better understanding of the Management of that affair I thought my self obliged out of the Justice that is due to truth to supply those Omissions from the Relation of the said Manuscript and the concurrent Testimonies of the Journals and other Papers written and printed at that time upon this Occasion Upon Thursday the Committee of Managers having declared Thursday April 8. that for some private Reasons they would wave the Debate of the 28th Article Sir Walter Earle offered some observations upon the 22d Article and desired to be heard by their Lordships conceiving they would do much to strengthen the Evidence whereby they had endeavoured to prove that the Earl of Strafford had real designs of Landing the Irish Army in England in Order to prove what was charged upon him to the subduing of this Kingdom Though as my Author sayes had Sir Walter consulted his own Reputation which by so weak a Charge suffered more then the Earl's against whom it was intended he might with more advantage both to himself and the cause he managed have better spared his endeavours His Reasons were these First that it appears by the Earl's Commission and Instructions that he had power to Land his Army either in Wales or in any part of England or Scotland according to his Discretion and from thence he inferred that this Clause was wholly superfluous unless there had been some such Purpose or Design intended Secondly That two dayes before the Date of the said Commission Letters were dispatched to the Earl's of Bridgwater and Pembroke from Sir Francis Windebank Secretary of State to assist my Lord of Worcester in Levying Forces for the King's Service and these might well be supposed to have been intended to joyn with the Irish Army upon their Landing Thirdly That my Lord Ranulagh at the raising of the Irish Army had expressed some fears of such a design and Intention for the imploying of that Army Fourthly That the Town of Ayre in Scotland where the Lord Strafford pretended to Land the Irish Forces was fortified with Bullwarks a Garrison and a Block-House which would prohibit his landing there and that the Barr or entrance into the Haven was very dangerous and shallow That the Earl of Argyle 's bounds were a great way distant and divided from thence by the Sea The only proof of this was the reading of the Commission granted to the Earl of Strafford To this the Earl replied That his Commission was the same verbatim The Earl's Defence with my Lord of Northumberland 's for England that it was drawn up by the Council-Board here and sent over to him so that it could be no worse design in him then in the Earl of Northumberland Lord General of the English Army nor any larger Power given him by it then to my Lord General That as to the Letters to the Earl's of Pembroke and Bridgwater this was the first time that he ever heard of such Letters nor did they concern him more then any other Member of the House and for my Lord Ranulagh he was not bound to purge him of all his fears that he had his own fears too which God forbid should be evidence of Treason against any person whatsoever That it seemed the Gentleman had better information from the Kingdom of Scotland than himself yet he would be confident to say there was never such a thing as a Block-House nor then any Garrison at Aire but to remove all Scruples for indeed the Road or Landing place is not there safe he declared that it was his Intention to have Landed some Miles above Aire and to have made himself Master of the Town and then to have made it a Magazine and for the Earl of Argyle 's Bounds he hoped the Gentlemen knew that they were not to come on foot out of Ireland but had Ships to waft and transport themselves and that one of the Earl of Argyle 's prime Houses at Rosneth was within some few Miles of the same Frith The Lord Digby seeing Sir Walter Earle on ground did handsomly bring him off and told the Lords That all their proofs for that Article were not yet ready and that this was only a Superfaetation of the Charge and that in such a matter of Treason they must sometimes content themselves to make use of dark Probabilities Mr. Glyn then moved That the Earl might resume his Defences and summ up the Charge that so the Process might be closed as to matter of Fact To which the Earl replyed That in his Circumstances all slackness was speed enough that the matter touched him narrowly in no less then his Life and Estate and which he valued much above them his Honour and Posterity and he confessed he had no desire to ride Post in an Affair of that Nature and Consequence to him and that he did verily believe that the Gentlemen at the Bar if they were in his Case would think all the time they could obtain little enough except their greater Abilities and abler Judgments could sooner dispatch the matter then he found himself able to do and therefore he humbly applyed himself to their Lordships that the Remainder of that day might be granted him to recover his wasted strength and recollect his Thoughts and Spirits and that to morrow he would make his last Reply for himself This was opposed by the Committee as very prejudicial Expensive of time and that it was only to spin out unnecessary Delayes but after above an Hours debate the Lords thought it convenient to grant his Lordship that Liberty and it was Ordered he should appear the next Day Upon Friday morning about 8 of the Clock the Lieutenant of the Tower Friday April 9. and
the Gentlemen of my Lord's Chamber came to the Hall and gave Information to the Lords upon Oath that the Earl was the last night taken with a Violent Fit of the Stone and that it was impossible for him to make his appearance being indeed not able to stir out of his Bed The Commons seemed much dissatisfied at this disappointment and Mr. Glyn said That it appeared rather an Effect of Wilfulness than Weakness for otherwise he might have sent a Dr. of Physick to testifie the truth of the matter But the Lord Steward made answer That possibly a Dr. could not be procured so early in the morning nor was it possible for any Physitian to give a certain Judgment concerning a man's disability by the Stone because their is no outward symptom that appears Mr. Glyn then moved That if he did not appear on Saturday morning he should lose the Priviledg of speaking any thing further in his own Defence afterwards and that they might be permitted to proceed The Lord Steward replyed That the Lords had appointed Four of their Number to go to the Tower and learn the true Cause of the Earl's stay and that if by any means he were able he should be obliged to appear this day if not Humanity and Common Equity would excuse him The Commons were it seems very uneasy at this delay for reforting to their House after Noon a Conference was resolved upon with the Lords the Heads of which were That Mr. Pym should represent to their Lordships the pretiousness of time considering the great necessities of the Kingdom how much time hath already been spent in this Tryal and if more should how prejudicial it might prove to the Kingdom and therefore to desire that to morrow may be a peremptory Day for the Earl to be heard if he will come otherwise that the Committee may proceed to the Replication on the whole matter and the Earl to be absolutely concluded for saying any more to the matter of Fact To this the Lords answered by Message by Baron Henden and Mr. Heath That they have Considered of the Message and Resolved That if the Earl of Strafford come to morrow morning he may proceed according to the Former Order if he comes not that then the Commons may proceed to Summ up the Evidence as to matter of Fact and the Earl of Strafford to be concluded as to matter of Fact Some Lords went by Order to the Tower who at their return certified That they found two Physitians with him of whom they inquired whether the state of his health would without danger of his Life permit him to appear the next day at the Hall who informed them That he had been very ill but yet they judged he might appear In the Afternoon a Rumor was spread abroad the Town that he was Dead at which some who were Strangers to his Merit and Innocence seemed Exceedingly to rejoyce so strangely doth the Fickle Genius of the Populace seem to delight it self with the Calamities and Misfortunes even of the greatest Personages and whilst weak understandings and strong Prejudices filled them with Fears Jealousies and apprehensions of Dangers from the Life of this Noble Innocent they seemed so desirous of his Death as by their wishes to anticipate his Fate Upon Saturday he appeared at the Bar Saturday April 10. expecting when he should be commanded to summ up his Defence in order to the Commons Replication when Mr. Glyn begun to offer some new proof concerning the 23 d. Article but this the Earl opposed alledging the Process was already closed and that by the Order of the Lord's who had given him notice that he was now to answer and make his last Defence as to the Charge in matter of Fact or otherwise to be concluded Mr. Glyn replied That the Process was not closed so long as the evidence was not summed up and that it did not become a Prisoner at the Bar to prescribe a method to the proceedings of the Commons of England To this the Earl answered That he thought it stood him in hand as nearly to defend his life as it did any persons to pursue it Yet he was willing they should bring in new Proofs provided that he were allowed the Liberty to make replies and make use of some new Witnesses in some Articles that concerned his Justification The Lord Newark upon this contest moved that the Lords might Adjourn to their own House to take these things into Consideration which they did accordingly and the matter being strongly Debated The Judges Opinion the Judges Opinions were consulted in it and upon consultation gave this Resolution That according to the Course and Practice of Common Justice before them in their several Courts upon Tryals by Jury so long as the Prisoner is at the Bar and the Jury not sent away either side way give their Evidence and Examine Witnesses to discover Truth After near two hours stay the Lord 's returned and the Lord Steward commanded the Order which they had agreed upon to be read which was to this effect That it was granted to the Committee for the Commons to bring in new Proof concerning the 23 d Article so they conceived in Justice they could not deny the Lord Strafford liberty to make his reply and examin Witnesses and that if they were ready he should produce them And that if they went to no other Articles neither should his Lordship but if they did that then he might have the same freedom according to Common Justice to offer what he had further to any other Articles The Committee construed the Order in favour of themselves and declined all the other Articles except the 23 d concluding that the Earl was restrained by it from all Articles but that On the other side he said That he conceived the Order was for him and that since they had pick't out their Article it was against Common Equity to tye up his hands and not admit of a Common Rule for them both They replyed That when that Article was prosecuted they had reserved their further Witness till another time He answered That he had done the same upon every Article the time for procuring his Witnesses from Ireland being so short To which they returned That the House had refused his Reservation He answered Nor had they passed any Order for theirs Upon this new Contest the Lords adjourned again to their own House and after two Hours hot Debate between themselves they returned and the Order was read to this Effect 1. That either both of them should wave the new proofs and go immediately to what follows in the Process or Secondly if they declined that the Lord 's conceived themselves common Judges to both and so would not deny the Lord of Strafford the liberty of pitching upon what Articles he pleased as they had done or Thirdly That both of them should name their Witnesses instantly at the Bar. At this the Commons shewed great dissatisfaction yet they
desired the Earl to name his Witnesses if he would receive any benefit of the Order He answered That he would nominate after them in regard they were first in the Order They replyed That he knew their Article they did not know his He said he would bring proofs about the 2.5.13 and 15. Articles and desired that they would proceed to the Nomination But they told him They could not submit to the Order without the advice of the whole House Then suddenly a mighty Noise followed of the whole House of Commons calling out Withdraw Withdraw which they did with those Eminent Symptoms of displeasure and in that Tumultuary Confusion that it produced fear and wonders in the Spectators for both the Houses broke up without so much as adjourning the Court or appointing the next time of Meeting nothing but anger and resentment seemed to sit upon mens faces and a certain dismal Expectation of the Effects of a distempered State The Violent men of the House of Commons who Prosecuted the Earl began now to apprehend they might meet with a Dissapointment in their Expectations and that the Earl did not stand so Criminal in the apprehensions of the greatest part of the Lords as they had endeavoured to render him but that some Beams of Innocence began to shine from him even under the black Clouds which they had raised against his Reputation and judging after all this Noise of High Treason which they had raised and which filled the most obscure Corners of the Nation was become the great expectation of the World that if he should come to be cleared by the suffrage of his Peers not only his Glory and Reputation would appear more bright by so black a foil but their Reputation and Interest must for ever set and sink in the Opinion of the vulgar who are apt to Measure Actions by their success and Consequently that this would give such a blow to their yet Infant Designs as must render them abortive in their very Embrio therefore no sooner were they retired in the forementioned disorder and heat but they fell upon a new Method to effect the Ruin of this Great Man That which they pretended was designed to be offered as further proof of the 23 d Article and wherein they thought the Lords had not done them Justice was a certain Paper which Sir Henry Vane Jun. pretended to have found in his Father's Cabinet being a Note or short Memoires of what passed at a Junto of the private Committee for the Scotch affairs charging the Earl of Strafford Lord Arch-bishop of Canterbury and Lord Cottington with an intention then mentioned of bringing in the Irish Army and full of pernicious counsell to the King and slanderous words against the Commons in the last Parliament This pretious Relique Sir Henry discovered to Mr. Pym whereupon a Bill of Attainder which Mr. Pym had ready for the Purpose was immediately voted to be read and so eager were they upon the Chace that contrary to Parliamentary Custom and Reason which in things of moment ought to govern by that standing Rule Deliberandum est diu quod statuendum est semel it received a second reading Sunday now proved no day of rest the concerned were busie to spread terrors and affrightments in the minds of the People all the discourse was of the Breach like to ensue between the Two Houses and licentious Tongues were not sparing to declare That since the House of Commons had voted the Bill of Attainder they would also declare all his adherents Traitors Many big words were spoken and it was reported that some of the Nobility should say That it was unnatural to have the Head governed by the Members that they hated Rebellion no less than Treason hat the same blood which Ennobled their Ancestors run also in their Veins and they would never permit themselves to be suppressed by a popular Faction And certainly many of the Lords began to see through the Disguise and that they could not Condemn the Earl of Strafford in the Legal way of Procedure upon Constructive or as it was then called accumulative Treason but they must let loose such a furious Lion as would devour them and their Posterity and this was the fear of the Earl's Enemies for had it come to a Period upon the Trial it was the General belief he would upon the Honour of the Peerage have been found Not Guilty However it happened the Difference was at last composed at a Conference the Lord Steward acquainting them That their Lordships are resolved the Commons may proceed as formerly was intended before the offer of further Evidence to be propounded the Earl of Strafford to recollect his Evidence first and that being done the Members of the House of Commons to state their Evidence and this to be done to morrow morning whereof they will give the Earl of Strafford Notice Accordingly upon Tuesday April 13. Tuesday April 13. the Lord Strafford being brought to the Hall and standing at the Bar The Lord High Steward informed him That the Lords do Expect his Lordship should summ up the Evidence as the Gentlemen of the House of Commons should do theirs for the close of the proofs of the matter of Fact desiring him to do it with all the brevity and clearness he could The Earl humbly moved clearly to understand what was expected from him and whether new matter might be alledged on either side The Lord Steward replying That if there be any new matter God forbid but they might alledg it The Earl answered That he was in all things ready to manifest his Obedience to their Lordships and will offer no new matter unless it arise from the other side And then he proceeded to summ up his Evidence as followeth May it please your Lordships IT falls to my turn The Earl of Strafford's Summary of the Evidence by your Lordships leave and favour to presume to put you in mind and to represent to you the Proofs as they have been offered which I shall do to the best of my Memory with a great deal of Clearness I shall desire to represent them neither better nor worse then they are in themselves and I wish the like Rule may be observed on the other side For in the proceeding of this Cause I heard them alleadge that as they conceived divers Articles were fully proved Whence I conceive there was nothing fully Proved My Lords my Memory is weak my Health hath been impaired and I have not had such quiet thoughts as I desired to have had in a business of so great and weighty importance to me And therefore I shall most humbly beseech your Lordships that by your Wisdom your Justice and Goodness I may be so much bound to you as to have my Infirmities supplyed by your better Abilities better Judgments and better Memories My Lords The Charge I am to Answer is a Charge of High-Treason and that which makes it the most grievous of all it is an
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
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
Causes for a man can scarce think of a Cause which is not comprehended within the Instructions obtained after his coming thither but I shall put your Lordship in mind of two clauses of the Instructions procured in the Eighth year of this King and after he was President that is the Clause of Habeas Corpus and Prohibitions that no man should obtain a Prohibition to stay any Suit that should be commenced before him in the Council of York That if any man should be imprisoned by any Process out of that Court he must have no Habeas Corpus A Prohibition is the only means to vindicate the estate of the Subject if it be questioned without Authority A Habeas Corpus is the only means to vindicate his Liberty if he be detained without Law but these doors must be shut against the King's Subjects that if either they be questioned or restrained before him there must be no relief How far he could go further I am to seek there being no means for the Subject to relieve himself if he be questioned for his Estate without Authority no means to redeem himself if his person be imprisoned without Law And he had so incircled himself about that if the Judges should find the party that returns not the Habeas Corpus according to Law there was a Power and a Warrant by the Instructions to the Barons to discharge the Officers of that Fine And now I refer it to your Lordships judgments Whether this be not to draw an Arbitrary Power to himself For the execution of this Power it is true it is proved to be before the Instructions in the Eighth year of the King but then it riseth the more in judgement against him for your Lordships have heard how he went into a grave Judge's Chamber blaming him for giving way to a Prohibition granting Attachments against one that moved for a Prohibition and though this was done before the Instructions were granted yet the Instructions coming at the heels of it sheweth his disposition and resolution more clearly for he acts it first and then procures this colour to protect it and though he pretends there was no proof yet I must put your Lordships in mind that when these things were in question concerning the apprehension of a Knight by a Sergeant at Arms he kneels to His Majesty That this defect might be supplyed and this jurisdiction maintained else he might go to his own Cottage And here being the just commencement of his greatness if you look to the second it follows That at the publick Assizes he declared That some were all for Law but they should find the King 's little finger heavier than the loins of the Law He did not say it was so but he infused it as much as he could into the hearts of the King's People that they should find it so and so he reflects upon the King and upon his People the words are proved And to speak them in such a presence and at such a time before the Judges and Countrey assembled they were so dangerous and so high expressions of an intention to counsel the King or act it himself to exercise an Arbitrary Government above the weight of the Law as possibly could be exprest by words And this is proved by five Witnesses and not disproved nor is any colour of disproof offered but only by Sir William Pennyman who says he heard other words but not that he heard not these words If he doth he must give me leave not to believe him for five affirmations will weigh down the proof of a thousand negatives He stays not long in England with this Power though while he stays you hear how he vexes the Subject but then he goes into Ireland and as his authority increases so he ampliates his design and no sooner is he there but the third Article is laid to his charge That when the City and Recorder of Dublin the principal City of Ireland presented the Mayor upon a solemn Speech and Discourse concerning the Laws and Liberties as your Lordships know that is the subject matter of a Speech at such presentments as when the Lord Mayor of London is presented to the King I beseech your Lordships observe the words he then used They were a Conquered Nation and that we lay not to his charge but they were to be governed as the King pleases their Charters were nothing worth and bind but during the King's pleasure I am to seek if I were to express an Arbitrary Power and Tyrannical Government how to express it in finer words and more significant terms than these That the People shall be governed at the King's Will that their Charters the sinews and ligatures of their Liberties Lands and Estates should be nothing worth and bind no longer than the King's pleasure especially being spoken upon such an occasion and the words proved by two or three Witnesses of Credit and Quality From thence we descend to Articles that shew the execution of his purpose There are three things a man enjoys by the protection of the Law that is his Life his Liberty and his Estate And now my Lords observe how he invades and exercises a Tyrannical Jurisdiction and Arbitrary Government over them all three I shall begin with the fifth Article that is concerning my Lord Mountnorris and Denwit My Lord Mountnorris a Peer of that Realm was sentenced to death by procurement of my Lord of Strafford who howsoever he pretends himself not to be a Judge in the cause yet how far he was an Abettor and Procurer and Countenancer and drawer on of that Sentence your Lordships very well remember he was sentenced to death without Law for speaking words at a private Table God knows of no manner of consequence in the World concerning the treading upon my Lord of Strafford 's Toe the Sentence procured seven months after the words spoken and contrary to Law and himself being put in mind of it my Lord Mountnorris desiring to have the benefit of the Law and yet he refusing it And then it was in time of Peace when all the Courts of Justice were open and to sentence a man to death of that Quality my Lord of Strafford himself being present an author a drawer on of it makes it very hainous Your Lordships remember this Article was fully proved and though he pretends His Authority by a Letter from His Majesty I shall in due time give a full answer to that so that it shall rise up in Judgment against him to aggravate his offence and that in a great measure Here he exercises a power over Life his excuse was That he procured a Pardon for my Lord Mountnorris but the Power was exercised and the Tyranny appeared to be the more He would first sentence him to death and then rejoyce in his Power that he might say There remains no more but my Command to the Provost Marshal to do execution To exercise a power over his life and to abuse him
afterwards is very high but no thanks to him that the Sentence of Death was not executed it was the Grace and Goodness of His Majesty that would not suffer my Lord Mountnorris a Person of that Eminence to be put to death against Law But the other was hanged and as appears against Law and though my Lord pretends the party was burnt in the hand yet that was not proved nor material and for him to do this in time of Peace when the Courts of Justice were open it argues a desire in his Breast to arrogate a Power above Law And in truth I may not omit some observations that my Lord made this day He hopes His Majesty would be pleased to grant him a Pardon I perceive he harboured in his thoughts that he might hang the King's Subjects when he would and then get a Pardon of course for it The Lord bless me from his Jurisdiction My Lords give me leave to go back again here is Power over the Lives and Liberties of the Subject but he exercised likewise a Tyrannical Power over his Estate Your Lordships may be pleased to remember the fourth Article where he judges my Lord of Cork's Estate in neither Church-land nor Plantation-land and therefore had no pretence of a Jurisdiction for it is a Lay Fee devolved by Act of Parliament to the Crown yet he deprives him of his possession which he had continued for Twenty nine years upon a Paper-Petition without Rules of Law And whereas my Lord of Cork went about to redeem himself the Law being every man's Inheritance and that which he ought to enjoy he tells him He will lay him by the heels if he withdraw not his Process and so when he hath judged him against an express Act of Parliament and Instructions and bound up a great Peer of the Realm he will not suffer him to redeem that wrong without a threat of laying him by the heels and he will not have Law nor Lawyers question his Orders and would have them all know an Act of State should be equal to an Act of Parliament which are words of that nature that higher cannot be spoken to declare an intention to proceed in an Arbitrary way The next was my Lord Mountnorris his Case and Rolstone And here I must touch my Lord with misrepetition Rolstone preferred a Petition to my Lord-Deputy my Lord-Deputy himself Judges his Estate and deprived him of his possession though he cannot produce so much as one example or precedent though if he had it would not have warranted an illegal action but he cannot produce a precedent that ever any Deputy did determine concerning a man's private Estate and if he hath affirmed it he proved it not some Petitions have been preferred to him but what they be non constat But though never any knew the Deputy alone to determine matters of Land yet he did it To the Seventh Article was produce no Evidence but my Lord of Strafford cannot be content with that but he must take upon him to make defence for that which is not insisted upon as a charge but since he will do so I refer it to the Book in Print where he determines the Inheritance of a Nobleman in that Kingdom that is my Lord Dillon by a Case falsly drawn and contrary to his consent and though he deprives him not of his possession yet he causes the Land to be measured out and it is a danger that hangs over his head to this day And had we not known that we had matter enough against my Lord of Strafford this should have risen in judgment against him but I had not mentioned it now if he had not mentioned it himself The Eighth Article contains several charges as that of my Lord Chancellor How he imprisoned him upon a Judgment before himself and the Council how he inforced the Seal from him when he had no Authority nay though it were excepted by his Patent that he should no way dispose of it but he looked not to Authority further than might make way to his Will Another concerns the prime Earl of that Kingdom my Lord of Kildare whom he imprisoned and kept close prisoner contrary to the King 's express command for his deliverance and in his answer my Lord acknowledges it but sayes That that Command was obtained from the King upon a mis-information These things I would not have mentioned if he had passed them over but since he gives them in give me leave to mention and say we had a ground to put them into Charge and could have proved them if there had been need punctually and expresly and I believe little to my Lord's advantage But your Lordships I think do remember my Lady Hibbots Case where the Lady Hibbots contracts with Thomas Hibbots for his Inheritance for 2500 l. executes the Contract by a Deed and Fine levied deposits part of the Money and when a Petition was exhibited to the Lord-Deputy and Council for the very Estate your Lordships remember how this came in Judgment before my Lord-Deputy there was but a Petition delivered there was an answer made and all the suggestions of the Petition denyed yet my Lord spake to Hibbots himself that was willing to accept the Money not to decline the way that he was in by Petition Five hundred pound more will do him no hurt to carry into England with him and yet without examination of a Witness a Decree was made to deprive this Lady of her Estate and the purchasing of this Land by my Lord of Strafford was proved by two Witnesses though not absolutely yet by confession of Sir Robert Meredith and others whose names were used in Trust for my Lord of Strafford and that it proved according to my Lord of Strafford's Prophecy for the man had five hundred pounds gain above the Contract with my Lady Hibbots But after the Lands were sold for Seven Thousand Pounds so that the Lady Hibbots offence was her making of a bargain whereby to gain Five hundred pounds but there was no offence in my Lord to make a bargain for Three thousand pounds and to gain Four thousand pounds presently this you see proved by Hibbots the party and by Mr. Hoy the Son of the Lady Hibbots So that here is a determination of a Cause before the Council-Table touching Land which was neither Plantation nor Church-Land without colour of the Instructions contrary to Law to Statute to Practice and if this be not an exercising of an unlawful jurisdiction over the Land and Estates of the Subject I know not what is In his answer to this Case he did open it yet whether he mistook or no I know not that he had a Letter from the King but he produces none in evidence and that is another misrecital I am sorry he should mis-recite and fix it upon the Person of His Soveraign in a case of this nature Now he falls more immediately upon the Liberty of the Subject and that is by the Warrant
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
Afternoon and the House was divided upon it the Lord Digby and Mr. Lloyd tellers for the Years Sir Gilbert Gerrard and Sir Thomas Barrington tellers for the Noes with the Noes were 59 with the Yeas 204. so the Bill passed the House of Commons being thrice read in one Day and Mr. Pym by Order of the House carried it up to the Lords with a special Recommendation to their Lordships to give it all Expedition in regard of the great Importance acquainting them That the Commons would be ready to Justifie the Legality of the Bill But notwithstanding the Tide run with that impetuous Violence against this Noble Lord that to oppose it must hazard drowning and that doubtless Fear carried as many down the stream as Judgment yet so great was the Power of his Innocence and the Force of Truth that even the Lord Digby one who while he thought him Criminal was his severest Accuser yet discerning the unjust practices against the Earl he became his Advocate though all the advantage he got was by generously endeavouring to save the Lord Strafford he lost his own Esteem both in the House of Commons and among the Faction and from that moment became their declared Enemy by being a Bold Friend of Truth and Justice So it happens while men out of too much Popularity court or follow a Faction they kindâ—â— a fire which when they would quench they perish in those Flames which they help'd to blow up However this Speech of the Lord Digby's gives a clear light into the Dark Contrivance which brought this Great Life to an untimely Period and was as followeth Mr. Speaker WE are now upon the point of giving as much as in us lies the Final Sentence unto Death or Life on a great Minister of State and Peer of this Kingdom The Lord Digby's Speech at the passing the Bill of Attainder against the Earl of Strafford Apr. 21. Thomas Earl of Strafford a Name of hatred in the present Age by his practices and fit to be made a Terrour to future Ages by his Punishment I have had the Honour to be Imployed by the House in this great business from the first hour that it was taken into Consideration It was matter of great Trust and I will say with confidence that I have served the House in it both with Industry according to my ability and with most exact Faithfulness and Secrecy And as I have hitherto discharged my Duty to this House and to my Country in the Progress of this Great Cause so I trust I shall do now in the last period of it to God and to a good Conscience I do wish the peace of that unto my self and the blessings of Almighty God to me and my Posterity according as my judgment on the life of this man shall be consonant with my heart and the best of my understanding in all Integrity I know well Mr. Speaker that by some things I have said of late whilst this Bill was in agitation I have raised some prejudices upon me in the Cause Yea some I thank them for their plain dealing have been so free as to tell me that I suffered much by the backwardness I have shewn in this Bill of Attainder of the Earl of Strafford against whom I had been formerly so keen and so active Mr. Speaker I beg of you and the rest but a suspension of Judgment concerning me till I have opened my heart unto you freely and clearly in this business Truly Sir I am still the same in my Opinions and Affections as unto the Earl of Strafford I confidently believe him the most dangerous Minister the most insupportable to free Subjects that can be charactered I believe his Practices in themselves have been as High as Tyrannical as any Subject ever ventured on and the malignity of them are hugely aggravated by those rare abilities of his whereof God hath given him the use but the Devil the application in a word I believe him still that grand Apostate to the Common-wealth who must not expect to be pardoned in this World till he be dispatched to the other And yet let me tell you Mr. Speaker my hand must not be to that dispatch I protest as my Conscience stands informed I had rather it were off Let me unfold unto you the mystery Mr. Speaker I will not dwell much upon justifying unto you my seeming variance at this time from what I was formerly but by putting you in mind of the difference between Prosecutors and Judges How misbecoming that fervour would be in a Judge which perhaps was commendable in a Prosecutor Judges we are now and must put on another Personage It is honest and noble to be earnest in order to the discovery of Truth but when that hath been brought as far as it can to light our judgment thereupon ought to be calm and cautious In prosecution upon probable Grounds we are accountable only for our industry or remisness but in judgment We are deeply responsible to God Almighty for it's Rectitude or Obliquity in cases of Life the Judge is God's Steward of the Partie's blood and must give a strict account for every drop But as I told you Mr. Speaker I will not insist long upon the Ground of Difference in me now from what I was formerly The truth on 't is Sir the same Ground whereupon I with the rest of the Five to whom you first committed the Consideration of my Lord Strafford brought down our Opinion That it was fit he should be Accused of Treason upon the same Ground I was engaged with earnestness in his Prosecution and had the same Ground remained in that force of belief with me which till very lately it did I should not have been tender in his Condemnation But truly Sir to deal plainly with you that Ground of our Accusation That Spur to our Prosecution and that which should be the basis of my judgment of the Earl of Strafford as unto Treason is to my understanding quite vanisht away This it was Mr. Speaker His advising the King to employ the Army of Ireland to reduce England This I was assured would be proved before I gave my consent to his Accusation I was confirmed in the same belief during the Prosecution and fortified in it most of all since Sir Henry Vane 's preparatory Examination by the assurances which that worthy Member Mr. Pym gave me that his Testimony would be made convincing by some Notes of what passed at that Junto concurrent with it which I ever understanding to be of some other Councellor you see now prove but a Copy of the same Secretaries Notes discovered and produc'd in the manner you have heard and those such disjoynted Fragments of the Venomous part of Discourses no Results no Conclusions of Counsels which are the only things that Secretaries should Register there being no use at all of the other but to Accuse and to bring men into danger But Sir this is not that which overthrows
him and in that which is most Sacred amongst Men the Publick Justice of the Kingdom The King is to be accounted unto for the loss of the meanest Member much more of one so near the Head The Commons are concerned in their Account for what is done your Lordships in that which is to be done The business therefore of the present Conference is to acquaint your Lordships with those things that satisfy'd the Commons in Passing of this Bill such of them as have come within my capacity and that I can remember I am Commanded from the Commons at this time to present unto your Lordships My Lords in Judgment of greatest Moment there are but two wayes for satisfying those that are to give them either the Lex lata the Law already established or else the use of the same Power for making new Laws whereby the old at first received life In the first consideration of the setled Laws in the degrees of Punishment the Positive Law received by General Consent and for the Common Good is sufficient to satisfie the Conscience of the Judge in giving Judgment according to them In several Countries there is not the same measure of Punishment for one and the same Offence Wilful Murder in Ireland it is Treason and so is the wilful Burning of a House or a Stack of Corn In the Isle of Man it is Felony to Steal a Hen but not to Steal a Horse and yet the Judge in Ireland hath as just a Ground to give Judgment of High-Treason in those Cases there as here to give Judgment only of Felony and in the Isle of Man of Felony for the Hen as here for Petty-Larceny My Lords in the other Consideration of using the Supream Power the same Law gives Power to the Parliament to make new Laws that enables the inferiour Court to Judge according to the old The Rules that guides the Conscience of the inferiour Court is from without the Prescripts of the Parliament and of the Common-Law in the other the Rule is from within that Salus Populi be concerned that there be no wilful oppression of any of the Fellow-Members that no more Blood be taken than what is necessary for the Cure the Laws and Customes of the Realm as well enable the Exercise of this as of the Ordinary and Judicial Power My Lords What hath been said is because that this proceeding of the Commons by way of Bill implies the use of the meer Legislative Power in respect new Laws are for the most part past by Bill This My Lords though just and legal and therefore not wholly excluded yet it was not the only ground that put the Commons upon the Bill they did not intend to make a new Treason and to condemn my Lord of Strafford for it they had in it other considerations likewise which were to this effect First The Commons knew that in all former Ages if doubts of Law arose of great and general concernments the Parliament was usually consulted withal for resolution which is the reason that many Acts of Parliament are only Declarative of the Old Law not Introductive of a New as the great Charter of our Liberties The Statute of Five and Twentieth year of Edward the Third of Treasons The Statute of the Prerogative and of late the Petition of Right if the Law were doubtful in this Case they perceived the Parliament where the old way is altered and new Laws made the fittest Judge to clear this Doubt Secondly My Lords they proceeded this way to obviate those Scruples and Delayes which through disuse of proceedings of this nature might have risen in the manner and way of proceedings since the Statute of the First of Hen. 4. Cap. 17. and more fully in the Roll number 144. The proceedings of Parliament have usually been upon an Indictment first found though in Cases of Treason particularly mentioned in the Statute of 25 Edw. 3. which had not been done in this case doubts likewise might rise for Treasons not particularly mentioned in the Statute of 25 Edw. 3. whether the Declaratory Power of Parliament be taken away in what manner they were to be made and by whom they find not any Attainders of Treason in Parliament for near this 200 years but by this way of Bill and again they know that whatsoever could be done any other way it might be done by this Thirdly In respect of the Proofs and Depositions that have been made against him for First although they knew not but that the whole Evidence which hath been given at the Bar in every part of it is sufficiently comprehended within the Charge yet if therein they should be mistaken if it should prove otherwise use may justly be made of such Evidence in this way of Bill wherein so as Evidence be given in it 's no way requisite that there should have been any Articles or Charge at all and so in the case of double Testimony upon the Statute of the 1 Edw. 6. whether one direct Witness with others to circumstances had been single or double Testimony And although single Testimony might be sufficient to satisfie private Consciences yet how far it would have been satisfactory in a judicial way where forms of Law are more to be stood upon was not so clear whereas in their way of Bill private satisfaction to each man's Conscience is sufficient although no Evidence had been given in at all My Lords The proceeding by way of Bill it was not to decline your Lordships Justice in the judicial way in these exigends of the State and Kingdom it was to Husband time by silencing those doubts they conceived it the speediest and surest way My Lords these are in effect the things the Commons took into their Consideration in respect of the manner and way of Proceeding against the Earl In the next place I am to declare unto your Lordships the things they took into their Considerations in respect of the Matter and Merits of the Cause and they are comprehended within these six heads 1. That there is a Treason within the Statute of 25 of Edw. III. by Levying of War upon the Matter of the 15th Article 2. If not by actual levying of War yet by advising and declaring his intention of War and that by Savil's Warrant and advice of bringing over the Irish Army upon the Matter in the 23d Article then intending of a War if not within the clause of levying of a War in the Statute of 25th Edw. 3. yet within the first Treason of compassing the death of the King 3. If either of these two single Acts is within the Statute of 25th Edw. 3. yet upon putting all together which hath been proved against him that there is a Treason within the first Clause of Compassing the death of the King Et si non Prosunt singula juncta juvant 4. That he hath Sessed and laid Soldiers upon the Subjects of Ireland against their Will and at their Charge within the Irish Statute of
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
Captainship make any demand of the people of any Exaction nor as a Captain assemble the people of the Shire-Grounds nor as a Captain shall lead those people to do any acts Offensive or Invasive without Warrant under the Great-Seal of England or of the Lord-Deputy Deputy upon penalty that if he do any thing contrary to that Act that then the Offender shall forfeit a Hundred pounds My Lords the Rebels had been out the Courts of Justice scarce sate for defence of the Country divers usurped the place of Captains concluded of War against the Rebels and invaded them without Warrant Invading the Rebels without Authority is a crime This appears further by particular clauses in the Statute none shall exercise any Captainship within the Shire-grounds nor assemble the men of the Shire-grounds to conclude War or lead them to any Invasion That that had anciently been so continued to this time that is the Irish and the English Pale they within the Shire-grounds were within the English Pale and ad fidem legem Angliae The Irish without the Pale were enemies always either in open act of Hostility or upon Leagues and Hostages given for securing the Peace and therefore as here in England we had our Marches upon the frontiers in Scotland and Wales so were there Marches between the Irish and English Pale where the Inhabitants held their Lands by this tenure to defend the Country against the Irish as appears in the close Roll of the Tower in the 20th year of Edw. 3. membrana 15. on the backside and in an Irish Parliament held the 42 year of Edw. 3. it 's declared That the English Pale was almost destroyed by the Irish enemies and that there was no way to prevent the danger but only that the Owners reside upon their Lands for defence and that absence should be a forfeiture This Act of Parliament in a great Council here was affirmed as appears in the close Roll the 22 year of Edw. 3. Membrana 20 dorso Afterwards as appears in the Statute of 28 Hen. 6th in Ireland this Hostility continued between the English Marches and the Irish Enemies who by reason there was no difference between the English Marches and them in their Apparel did daily not being known to the English destroy the English within the Pale Therefore it is enacted that every English-man shall have the hair of his upper Lip for distinction sake This hostility continued until the 10th year of Henry the 7th as appears by the Statute of 10 H. 7th and 17th so successively downwards till the making of this very Statute of 11 Eliz. as appears fully in the 9th Chap. Nay immediately before and at the time of the making of this Statute there was not only enmity between those of the Shire-ground that is the English and Irish Pale but open War and acts of Hostility as appears by History of no less Authority than that Statute it self for in the first Chapter of that Statute is the Attainder of Shane Oneale who had made open War was slain in open War it 's there declared That he had gotten by force all the North of Ireland for an hundred and twenty miles in length and about a hundred in breadth that he had mastered divers places within the English Pale when the flame of this War by his death immediately before this Statute was spent yet the Firebrands were not all quenched for the Rebellion continued by John Fitz-Gerard called the White Knight and Thomas Gueverford this appears by the Statute of the Thirteenth year of Queen Eliz. in Ireland but two years after this of the Eleventh year of Queen Eliz. where they are attainted of High-Treason for Levying of War this Eleventh year wherein this Statute was made So that my Lords immediately before and at the time of the making of this Statute there being War between those of the Shire-Grounds mentioned in this Statute and the Irish the concluding of War and Acts Offensive and Invasive there mentioned can be intended against no others but the Irish Enemies Again The words of the Statute are No Captain shall assemble the people of the Shire-grounds to conclude of Peace or War Is to presume that those of the Shire-grounds will conclude of War against themselves Nor with the Statute Shall carry those of the Shire-grounds to do any Acts Invasive by the construction which is made on the other side they must be carried to fight against themselves Lastly The words are That as a Captain none shall assume the Name or Authority of a Captain or as a Captain shall gather the people together or as a Captain lead them the offence is not in the matter but in the manner If the Acts offensive were against the Kings good Subjects those that were under Command were punishable as well as the Commanders but in respect the Soldiers knew the service to be good in it self being against the enemies and that it was not for them to dispute the Authority of their Commanders the penalty of 100 l. is laid only upon him That as Captain shall assume this Power without Warrant the People commanded are not within this Statute My Lords The Logick whereupon this Argument is framed stands thus because the Statute of the Eleventh year of Queen Elizabeth inflicts a penalty of 100 l. and no more upon any man that as a Captain without Warrant and upon his own head shall conclude of or make War against the King's Enemies Therefore the Statute of the 18th year of Henry the 6th is repealed which makes it Treason to lay Soldiers upon or to levy War against the Kings good People But My Lords Observation hath been made upon other words of this Statute that is that without Licence of the Deputy these things cannot be done this shews that the Deputy is within none of the Statutes My Lords This Argument stands upon the same reason with the former because he hath the ordering of the Army of Ireland for the defence of the people and may give Warrant to the Officers of the Army upon eminent occasions of Invasion to resist or prosecute the Enemy because of the danger that else might ensue forthwith by staying for a Warrant from His Majesty out of England My Lords The Statute of the 10th year of Henry the 7th Chap. 17. touched upon for this purpose clears the business in both points for there is declared That noâ—e ought to make War upon the Irish Rebels and Enemies without Warrant from the Lieutenant the forfeiture 100 l. as here the Statute is the same with this and might as well have been cited for repealing the Statute of the 18th year of Henry the 6th as this of the 11th year of Queen Elizabeth But if this had been insisted upon it would have expounded the other two clear against him Object My Lords It hath been further said although the Statute be in force and there be a Treason within it yet the Parliament hath no Jurisdiction the
Treasons are commited in Ireland therefore not tryable here Answ My Lords Sir John Parrot his Predecessor 24 Ed. was tryed in the Kings-Bench for Treason done in Ireland when he was Deputy and Oruche in the 33 year of Queen Elizabeth adjudged here for Treason done in Ireland Object But it will be said these Tryals were after the Statute of the 34th year of Henry the 8th which Enacts that Treasons beyond Sea may be tryed in England Answ My Lords his Predecessor my Lord Gray was tryed and adjudged here in the Kings-Bench that was in Trinity-Term in the 33 year of Henry the 8th this was before the making of that Statute Object To this again will we say That it was for Treason by the Laws and Statutes of England that this is not for any thing that 's Treason by the Law of England but an Irish Statute So that the question is only Whether your Lordships here in Parliament have cognizance of an offence made Treason by an Irish Statute in the ordinary way of Judicature without Bill for so is the present question For the clearing of this I shall propound two things to your Lordships consideration Whether the Rule for expounding the Irish Statute and Customs be one and the same in England as in Ireland That being admitted whether the Parliament in England have cognizance or jurisdiction of things there done in respect of the place because the Kings Writ runs not there For the first in respect of the place the Parliament here hath cognizance there And Secondly If the Rules for expounding the Irish Statutes and Customs be the same here as there this exception as I humbly conceive must fall away In England there is the Common Law the Statutes the Acts of Parliament and Customs peculiar to certain places differing from the Common-Law If any question arise concerning either a Custom or an Act of Parliament the Common-Law of England the First the Primitive and the General Law that 's the Rule and Expositor of them and of their several extents it is so here it is so in Ireland the Common-Law of England is the Common-Law of Ireland likewise the same here and there in all the parts of it It was introduced into Ireland by King John and afterwards by King Henry 3. by Act of Parliament held in England as appears by the Patent Rolls of the 30 year of King Henry 3. the first Membrana the Words are Quia pro Communi Vtilitate terrae Hiberniae unitate terrarum Regis Rex vult de Communi Concilio Regis Provisum est quod omnes Leges Consuetudines quae in Regno Angliae tenentur in Hibernia teneantur eadem terra eisdem legibus subjaceat per easdem Regatur sicut Dominus Johannes Rex cum ultimò esset in Hibernia statuit fieri mandavit quia c. Rex vult quòd omnia brevia de Communi Jure quae currunt in Anglia similiter currant in Hibernia sub novo sigillo Regis mundatum est Archiepiscopis c. quod pro pace tranquilitate ejusdem terrae per easdem leges eos regi deduci permittant eas in omnibus sequantur in cujus c. Teste Rege apud Woodstock Decimo nono die Septembris Here is an union of both Kingdoms and that by Act of Parliament and the same Laws to be used here as there in omnibus My Lords That nothing might be left here for an exception that is That in Treasons Felonies and other capital offences concerning Life the Irish Laws are not the same as here therefore it is enacted by a Parliament held in England in the 14th year of Edw. 2. it is not in print neither but in the Parliament Book that the Laws concerning Life and Member shall be the same in Ireland as in England And that no exception might yet remain in a Parliament held in England The 5th year of Edw. 3. it is Enacted Quod una eadem Lex fiat tam Hibernicis quam Anglicis This Act is enrolled in the Patent Rolls of the 5th year of Edw. 3. Parl. membr 25. The Irish therefore receiving their Laws from hence they send their Students at Law to the Inns of Courts in England where they receive their Degree and of them and of the Common Lawyers of this Kingdom are the Judges made The Petitions have been many from Ireland to send from hence some Judges more learned in the Laws than those they had there It hath been frequent in cases of difficulty there to send sometimes to the Parliament sometimes to the King by advice from the Judges here to send them resolutions of their doubts Amongst many I 'll cite your Lordships only one because it is in a case of Treason upon an Irish Statute and therefore full to this point By a Statute there made the fifth year of Edw. 4. there is a provision made for such us upon suggestions are committed to prison for Treason that the party committed if he can procure 24 Compurgators shall be bailed and let out of prison Two Citizens of Dublin were by a Grand-Jury presented to have committed Treason they desired benefit of this Statute that they might be let out of prison upon tender of their Compurgators The words of the Statute of the 5th year of Edward 4th in Ireland being obscure the Judges there being not satisfied what to do sent the case over to the Queen desired the opinion of the Judges here which was done accordingly The Judges here sent over their opinion which I have out of the Book of Justice Anderson one of the Judges consulted withal The Judges delivered their opinion upon an Irish Statute in Case of Treason If it be objected That in this Case the Judges here did not judge upon the party their opinions were only ad informandam Conscientiam of the Judges in Ireland that the Judgment belonged to the Judges there My Lords with submission this and the other Authorities prove that for which they were cited that is that no absurdity no failure of Justice would ensue if this great Judicatory should judge of Treason so made by an Irish Statute The Common-Law rules of Judging upon an Irish Statute the Pleas of the Crown for things of Life and Death are the same here and there this is all that yet hath been offered For the Second point That England hath no power of Judicature for things done in Ireland My Lords the constant practice of all ages proves the contrary Writs of Error in Pleas of the Crown as well as in Civil Causes have in all Kings Reigns been brought here even in the inferior Courts of Westminster-Hall upon Judgment given in the Courts of Ireland the practice is so frequent and so well known as that I shall cite none of them to your Lordships no president will I believe be produced to your Lordships that ever the Case was remanded back again into Ireland because the question arose upon an
case he perished in the separation and should marry another that he would not continue King not above one month after because this tended to the depriving of the Lawful Succession to the Crown She is attainted of Treason My Lords All these Attainders for ought I know are in force at this Day the Statutes of the 1 year of H. 4. and the 5 of Queen Mary although they were willing to make the Statute of 25 E. 3. the Rule to the Inferior Courts yet they left the Attainders in Parliament precedent to themselves untoucht wherein the Legislative Power had been exercised there is nothing in them whence it can be gathered but that they intended to leave it as free for the future and my Lords in all these Attainders there were crimes and offences against the Law they thought it not unjust Circumstances considered to heighten and add to the degrees of punishment and that upon the first Offender My Lords we receive as just the other Laws and Statutes made by these our Ancestors they are the Rules we go by in other Cases why should we differ from them in this alone These my Lords are in part those things which have satisfied the Commons in passing the Bill it is now left to the Judgment and Justice of your Lordships To which the Earl made no reply but lifting up his hands to Heaven to attest his Innocence and Petition Protection and a more Just and Equitable Sentence there he seemed to express greater Eloquence by his Silence then the other had done by his Prolix Discourse However Friday April 30. that he might not seem wanting to himself upon Friday he Petitioned the Lords That he might be heard again in point of Law to make his Defence against the Bill of Attainder but it was denied him The next Day being Saturday the King went down to the House of Lords and having sent for the Commons he made this following Speech to both the Houses My Lords and Gentlemen I Had not any intention to speak of this business The Kings Speech to both Houses concerning the Earl of Strafford April 30. which causes me to come here to day which is the great Impeachment of the Earl of Strafford But now it comes to pass that of necessity I must have part in that Judgment I am sure you all know that I have been present at the Hearing of this great business from the one end to the other that which I have to declare unto you is shortly this That in my Conscience I cannot condemn him of High Treason It is not fit for me to argue the business I am sure you will not expect it A Positive Doctrine best comes out of the mouth of a Prince Yet I must tell you Three great Truths which I am sure no body can know so well as my self 1. That I never had any intention of bringing over the Irish Army into England nor ever was advised by any body so to do 2. There never was any Debate before me neither in publick Council nor at private Committee of the Disloyalty and Disaffection of my English Subjects nor ever had I any suspition of them 3. I was never Counsell'd by any to alter the least of any of the Laws of England much less to alter all the Laws Nay I must tell you this I think no body durst be ever so impudent to move me in it for if they had I should have put a Mark upon them and made them such an Example that all Posterity should know my intention by it for my intention was ever to Govern according to the Law and no otherwise I desire to be rightly understood I told you in my Conscience I cannot Condemn him of High Treason yet I cannot say I can clear him of misdemeanor Therefore I hope that you may find a way for to satisfie Justice and your own Fears and not to press upon my Conscience My Lords I hope you know what a tender thing Conscience is Yet I must declare unto you That to satisfy my People I would do great matters But in this of Conscience no fear no respect whatsoever shall ever make me go against it Certainly I have not so ill deserved of the Parliament at this time that they should press me in this tender point and therefore I cannot expect that you will go about it Nay I must confess for matter of misdemeanor I am so clear in that that though I will not chalk out the way yet let me tell you that I do think my Lord of Strafford is not fit hereafter to serve me or the Common-wealth in any Place of Trust no not so much as to be a High-Constable Therefore I leave it to you my Lords to find some such way as to bring me out of this great streight and keep your Selves and the Kingdom from such Inconveniences Certainly he that thinks him guilty of High Treason in his Conscience may Condemn him of Misdemeanor The House of Commons were so startled and galled with this Speech that immediately upon their return to their House they cryed Adjourn Adjourn which they did in the greatest discontent imaginable for they thought they had brought the King to a Concedimus omnia and therefore finding themselves under this Mistake they betook themselves to new Arts and to effect that by the power of Tumults which they thought themselves out of the hopes of obtaining in a Regular Method All that the King got by this free Declaration of himself in favour of the Earl was to lose much of the affections of the People whether he should pass the Bill or deny it For if he passed it then it was to be imputed to the Necessity of his Affairs not his Inclinations to the good of his Subjects and if he denied it then it must have been esteemed a Denyal of Justice to his People The first beginning of these tumultuarie Disorders was upon Thursday before when a great many Apprentices The Tumult about the Spanish Ambassador and loose People beset the Spanish Embassador's House in Bishop-Gate threatning to pull down the House and kill the Ambassador To appease the Tumult the Lord Mayor of London came among them and not without a great deal of Difficulty perswaded them to retire After he had pacified the Multitude the Lord Mayor went into the House at his Entrance the Ambassador met him and desired him to drop the point of his Sword which was carried before him acquainting him That he was now in a place where the King of Spain had Jurisdiction That being done he told my Lord Mayor That in all his life he had not seen a more barbarous attempt and desired to know whether England was a civilized Nation or not where the Law of Nations was so horribly violated The Lord Mayor replied That they were of the Base and inferior sort of the People and intreated the Tumult might not be imputed to the City To whom the Ambassador tartly returned
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
but I confess this unfortunate thing forth of the way towards that blessed agreement which God I trust shall ever establish between You and Your Subjects Sir My Consent shall more acquit you herein to God than all the World can do besides To a willing man there is no injury done and as by Gods Grace I forgive all the World with a calmness and meekness of infinite contentment to my dislodging Soul So Sir to you I can give the life of this world with all the chearfulness imaginable in the just acknowledgment of your exceeding favours and only beg that in Your Goodness You would vouchsafe to cast Your Gracious regard upon my poor Son and his Three Sisters less or more and no otherwise than as their in present unfortunate Father may hereafter appear more or less guilty of this death God long preserve Your Majesty Tower May 4. 1641. Your Majesties most Faithful And Humble Subject And Servant STRAFFORD And for suppressing the Tumults the Commons Ordered Dr. Burgess to read the Protestation to the People and to tell them The Parliament desired them to return home which he did and thereupon they departed by which it is Evident who raised influenced and Governed the Tumults Upon Wednesday May the 5th Wednesday May 5. there happened a strange hubbub in the City which was now wholy set upon Tumults and Disorders which was upon this ridiculous occasion Sir Walter Erle was making a Report of a Design to blow up the House of Commons whereupon Mr. Middleton and Mr. Moyle two corpulent men and some others standing up to hear the Report a board in the Gallery broke and gave such a Crack that some apprehended the House was blown up indeed and Sir John Wray crying out He smelt Gun-Powder they hurried out of the House and frighted the People in the Lobby who ran into the Hall crying out The Parliament House was falling and the Members slain and the People running in confusion through the Hall Sir Robert Mansel drew his Sword and bid them stand for shame he saw no Enemy to hurt the Parliament and that there was no danger but some of the Zealots by water gave the alarm so that the Drums beat and a Regiment of Train Bands marched as far as Covent-Garden and the Rabble of Volunteers down to the House to save the Parliament which ridiculous Accident though at present it occasioned no other effect but laughter yet did strangely embolden the Factious who now plainly discovered the Influence they had over the Multitude and that they were perfectly at their Devotion Things being in this Distraction and few of the Lords daring to appear at the House Judges Opinion about the Earl of Strafford yet the Bill went on but slowly but in conclusion the Judges to give the better Countenance to the Matter being demanded their opinion and the Lord Chief Justice of the King's-Bench delivering it as their Unanimous Opinion That upon all that which their Lordships have Voted to be proved the Earl of Strafford doth deserve to undergo the pains and forfeitures of High-Treason and the Bill for perpetuating the Parliament which was brought up from the Commons the day before being quickly dispatched read and passed the next being Saturday May the 8th Saturday May 8. The Bill of Attainder was also passed the House of Lords but yet not without Opposition for all the Lords except 45 being absent of those is was carried but by 7 Votes 19 giving their Not-content to 26 that gave their content to the passing of this Fatal Bill The great Difficulty after all was to be yet overcome in procuring the Royal assent and for this purpose both the Houses attended his Majesty in the Banquetting-House to move him to it to which they received Answer That upon Monday they should know His Majesties Resolution All Sunday the King struggled with himself what to do in this Affair and certainly never was any Poor Prince so harrased between the Importunities of pretended necessity of State and the doubts of his own Conscience which told him the Earl was Innocent of what he was to die for the Lord-Chamberlain told him he acted like David and cited 2 Chron. 19. from Vers the 5 to 8. and that should he deny this it would be construed that he loved his Enemies and hated his Friends and that if he did not speak comfortably to the People they would desert him which would be worse then all the Evils that had befallen him in his life The King sent for the Judges and the Bishops to assist him the Bishops referred him to the Judges yet told him That in his Conscience he found not the Earl guilty in matter of Fact he ought not to pass the Bill but for matter of Law what was Treason they referred him to the Judges who according to their Oath ought to carry themselves indifferently between him and his Subjects only Doctor Juxon resolutely told him that if he were not satisfied in his Conscience he ought not to do it whatsoever happened the King complained of the Judges that they had not satisfied him nor indeed durst they give their Opinions freely for the satisfaction of his Conscience their own Consciences being over-awed and terrified their very Courage and Reason having deserted them in this Common Extremity and by their dubious answers abusing him as he said not easing him of his Scruples The general advice was to submit to the present necessity but how dearly both the King and they paid for making Religion truckle to reason of State hear him speak himself in his own Book concerning the Death of this Great Man I Looked upon my Lord of Strafford as a Gentleman 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon the Earl of Straffords Death whose great abilities might make a Prince rather afraid than ashamed to imploy him in the greatest affairs of State For those were prone to create in him great confidence of undertakings and this was like enough to betray him to great Errors and many Enemies whereof he could not but contract good store while moving in so high a Sphear and with so vigorous a Luster he must needs as the Sun raise many envious exhalations which condensed by a Popular odium were capable to cast a cloud upon the brightest merit and integrity Though I cannot in my Judgment approve all he did driven it may be by the necessities of times and the temper of that people more than led by his own disposition to any height and rigor of Actions yet I could never be convinced of any such criminousness in him as willingly to expose his life to the stroke of Justice and Malice of his enemies I never met with a more unhappy conjuncture of affairs than in the business of that unfortunate Earl when between my own unsatisfiedness in Conscience and a necessity as some told me of satisfying the importunities of some people I was perswaded by those that I think wished me well to chuse
rather what was safe than what seemed just preferring the outward peace of my Kingdoms with men before that inward exactness of Conscience before God And indeed I am so far from excusing or denying that complyance on my part for plenary consent it was not to his destruction whom in my judgment I thought not by any clear Law guilty of death that I never did bear any touch of Conscience with greater regret which as a sign of my repentance I have often with sorrow confessed both to God and Men as an Act of so sinful frailty that it discovered more a fear of man than of God whose Name and Place on Earth no man is worthy to bear who will avoid inconveniencies of State by Acts of so high injustice as no publick convenience can expiate or compensate I see it a bad exchange to wound a mans own Conscience thereby to salve State sores to calm the storms of popular discontents by stirring up a Tempest in a mans own bosom Nor hath Gods Justice failed in the event and sad consequences to shew the World the fallacy of that Maxim Better one man perish though unjustly than the people be displeased or destroyed For in all likelihood I could never have suffered with my people greater calamities yet with greater comfort had I vindicated Strafford's innocency at least by denying to Sign that destructive Bill according to that Justice which my Conscience suggested to me then I have done since I gratified some mens unthankful importunities with so cruel a favour and I have observed that those who counsell'd me to Sign that Bill have been so far from receiving the rewards of such ingratiatings with the People that no men have been harassed and crushed more than they he only hath been least vexed by them who counselled me not to consent against the Vote of my own Conscience I hope God hath forgiven me and them the sinful rashness of that business To which being in my Soul so fully Conscious those Judgments God hath pleased to send upon me are so much the more welcome as a means I hope which his mercy hath sanctified so to me as to make me repent of that unjust Act for so it was to me and for the future to teach me that the best rule of policy is to prefer the doing of Justice before all enjoyments and the peace of my Conscience before the preservation of my Kingdoms Nor hath any thing more fortified my resolutions against all those violent importunities which since have sought to gain a like consent from me to Acts wherein my Conscience is unsatisfied than the sharp touches I have had for what passed me in my Lord of Straffords business Not that I resolved to have employed him in my affairs against the advice of my Parliament but I would not have had any hand in his death of whose guiltiness I was better assured than any man living could be Nor were the crimes objected against him so clear as after a long and fair hearing to give convincing satisfaction to the major part of both Houses especially that of the Lords of whom scarce a third part were present when the Bill passed that House And for the House of Commons many Gentlemen disposed enough to diminish my Lord of Strafford 's Greatness and Power yet unsatisfied of his Guilt in Law durst not condemn him to dye who for their integrity in their Votes were by posting their Names exposed to the popular Calumny Hatred and Fury which grew then so exorbitant in their clamors for Justice That is to have both my self and the Two Houses Vote and do as they would have us that many 't is thought were rather terrified to concur with the condemning party than satisfied that of right they ought so to do And that after Act vacating the Authority of the precedent for future imitation sufficiently tells the world that some remorse touched even his most implacable Enemies as knowing he had very hard measure and such as they would be very loath should be repeated to themselves This tenderness and regret I find in my Soul for having had any hand and that very unwillingly God knows in the shedding one mans Blood unjustly though under the colour of the Formalities of Justice and pretences of avoiding publick Mischiefs which may I hope be some Evidence before God and Man to all Posterity that I am far from bearing justly the vast load and guilt of all that blood which hath been shed in this unhappy War which some men will needs charge upon me to ease their own Souls who am and ever shall be more afraid to take away any mans life unjustly than to lose my own Nor was this all for besides what he said at his own Death he acquainted Doctor Shelden afterwards Archbishop of Canterbury with his Resolution if ever he was in a Condition to perform his Vows of which this was one To do publick Pennance for the injustice he had suffered to be done to the Earl of Strafford as may be large be seen in his Life written by Dr. Perinchief fol. 119. Nothing was sounded in the Kings Ears but Fears Terrors and Threatnings of Worse and Worse Tumults and Rebellions from every quarter of the City and every corner of the Kingdom and indeed the King who had seen the effects of them both in Scotland and England could not but have very terrible apprehensions of them At last having wrastled him breathless he was vanquished by Importunity and necessity and yielded to the Passing of these two Fatal Bills by Commission the one for the Earl's and the other as it proved in the Event for his own Execution Upon Monday May the 10th Monday May 10. Bill of Attainder passed by Commission Mr. Maxwell Gentleman-Usher to the Lords came to acquaint the Commons with the good news that His Majesties Assent to the two Bills was to be given by Commission and that their Lordships did expect Mr. Speaker and the House of Commons to come up It seems the Gentleman was something transported as sure all the world was out of their wits for he came without the Black Rod and entred without being called in at which there was Exceptions taken but the News he brought was so agreeable that the transport of it did him the favour to take off the Resentments of the House who at another time would not have pocketted up such an affront with silence The Commission was granted under the Great-Seal of England directed unto the Lord Privy-Seal Lord Great Chamberlain Lord Steward The manner of passing Bills by Commission or any two of them for passing the Royal Assent to two Bills the one intituled An Act of Attainder of Thomas Earl of Strafford of High-Treason the other An Act to prevent the Inconveniencies which may happen by the untimely Adjourning Proroguing or Dissolving of this present Parliament The Lords being all in their Robes and the Commissioners sate upon a Form standing across the House
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
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
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
of the three Bills for Abbreviation of Michaelmas Term for pressing Marriners and for the Remainder of the six Subsidies May 13. 1641. THE great security of the Kingdom rests in the happy concurrence of the King and People in the Vnity of their hearts These joyned Safety and Plenty attends the Scepter but divided Distraction and Confusion as Bryers and Thorns overspread and make the Land barren No Peace to the King No Prosperity to the People The Duties and Affections of Your Subjects are most Transparent most Clear in the chearful and most liberal Contributions given to knit fast this Vnion with the bond of Peace The Treasures of the privy Purse are but the supplies of Princes warranted by a common Interest But the publick Tribute given by common Assent supports Royal Dignity is sheltered under the Wings of Prerogative and by that Power covered from the Eyes from the Touch of Deceivers In these we render Caesar what is due to Caesar and Tribute to whom Tribute belongeth The proper Inscription of the Crown is born here and Censures those Malignant Spirits that dare whisper into the Ears of Sacred Majesty that our selves only not Your Sacred Person not Your Royal Posterity are the Supreme Objects of the Givers The preservation of the publick Vnion the supply of Your Armies the distresses miserable distresses of the Northern parts the common Calamities of the times begat the consideration of this Bill the Remainder of the six entire Subsidies happily presented to Your Sacred Majesty by this unworthy hand the first Vote advanced a credit to us to issue them for the use of Your Sacred Majesty The full perfection adds growth to that Credit and enables us to return to Your Sacred Majesty as to the Ocean the Tribute due to Justice and Soveraignty These are the vast earnests of our desires which take their rise from the due regard from the safety of Your Throne of Your Posterity Your Royal Assent stamps Your Image here and makes this Yours and Yours only which I by the Commands of the Commons humbly beseech of Your Sacred Majesty to give After which the Clerk of the Crown reading the Titles severally the Clerk of the Parliament pronounced the King's Assent This being done his Majesty delivered a Paper to the House concerning the Draining of the Fens recommending it to their consideration as a business much concerning the good of the Kingdom The Act for restraining Bishops and others in Holy Orders from intermedling with Secular Affairs read a second time This day one Mr. John Smith a Minister in Custody of the Serjeant Attending the House was brought to the Bar and Committed to the Gate-house for words spoken against the Parliament For though all sorts of people spake freely enough against the Actions of the Judges Mr. Smith a Minister committed to the Gatehouse Ministers of State Privy-Councellors nay and of the King himself without the least controll or danger of either punishment or animadversion yet to speak against any thing done or said by the Commons was now become the most dangerous offence and which through the diligence of the well affected Party for so the Dissenters from the Church called themselves who were most notable Informers was certainly complained of to the Commons and by them most severely punished if not by Prisons yet by the great Charges of being kept long in the Custody of the Serjeant at Armes The Explanation of the Protestation formerly mentioned Friday May 14. was this day Ordered to be Printed and Published that so the Presbyterian Party might receive encouragement and assurance of their intention to pull down the Government of the Church by way of a Glorious and thorow Reformation This day Doctor Cozens and some others that are Delinquents in the Impeachment brought up from the House of Commons Dr. Cozens and others at the Bar of the Lords House were called in who kneeled at the Bar and then stood and heard the Impeachment read after it was read Doctor Cozens made his humble request in behalf of himself and the rest that this Cause may be heard publickly before the whole House This day Two Clergy-men who had been informed against in the House of Lords were Released by the following Orders WHereas Andrew Sandeland Clerk Sandeland and Waferer two Clergy Men Released hath been long in Custody for words alledged to have been spoken by him for which this House had just cause to have inflicted punishment upon him if they had been proved but after a long time no Prosecution appearing against him it is Ordered That the said Andrew Sandeland be forthwith discharged and set at liberty of and from his present Restraint or Imprisonment and that any Bond or other Security entered into by the said Andrew Sandeland for his attendance upon this House shall be forthwith Cancelled and delivered up to him Ordered That Michael Waferer Clerk having been long in Custody be forthwith discharged of his Restraint and that his Bonds and other Security given for his Attendance upon this House be delivered up to him to be Cancelled and his Cause dismissed this House because no Prosecutors have this long time appeared The Faction found better Encouragement from the Commons House to prosecute honest men by their false Informations at the Committee for Scandalous Ministers And indeed the Lords House was not at all for their purpose yet while the Bishops and so many of the Loyal Nobility sate there whose Honour and Justice would soon have discovered the Malice of these Accusations This day the Lord St. John's of Bletsoe was Introducted in his Robes Lord St. John of Bletsoe Introduced into the House of Lords between the Lord Hunsden and the Lord Grey of Wark he delivered his Writ upon his knee to the Speaker which being delivered to the Clerk it was read then the Lord Chamberlain and the Lord Moubray in the place of the Earl Marshal his Father and the King at Arms going before him brought him and placed him next below the Lord Hunsden After which he and the Lord Chief Baron took the Protestation The Commons having received an Information against Mr. Saturday May 15. Mr. Davenant and Mr. Walley sent for by the Serjeant as Delinquents Informations against Mr. Percy William Davenant the Poet and Mr. Elias Walley concerning the Business of the Army they were by Order of the House sent for as Delinquents by the Serjeant Also several Informations against Mr. Percy the Earl of Northumberland's Brother which were taken at Chichester were read upon which John Lamb and Robert Merryweather were sent for from Chichester to be Examined upon it and a Conference with the Lords was desired upon it The Earl of Bath reports the Conference Conference about Percy Merryweather and Lamb. That the House of Commons have received certain Information that on Wednesday Night last past was Sevennight Mr. Percy came to Petworth and sent for one Robert Merryweather and borrowed of him
done without any Warrant and against the Law of the Land Resolved That Mr. Walker ought to be restored to his Parsonage and the whole profits thereof from the time of the said Sequestration and to have reparation for all such dammages as he hath sustain'd by these several Imprisonments and his Case to be transmitted to the Lords Ordered That the Bench of Lincolns Inn restore Mr. Order for Mr. Pryn to be restored to Lincolns-Inn Pryn to his former Condition in that Society according to his Antiquity and to his Chamber there Thus diligent was the Faction not only to punish their Enemies but relieve their Friends though afterwards Mr. Pryn as well as John Lilburn another of their Favourites proved notable sticklers against them as hereafter in these Collections will appear But though things ran thus down the stream and that in the Commons House there was no stopping the impetuous Torrent yet in the House of Lords it was far otherwise for till they had got the Bishops out of the House and into the Tower and by Tumults and Affronts affrighted many of the Loyal Nobility from their Seats they were not able to accomplish their work The Bill for disabling the Bishops to Sit and Vote in the House of Lords in Parliament came too close to the Rights of the Temporal Lords to be easily by them digested for many of them plainly saw that the Bishops Sate and Voted there by the same Right Law Custom and Usage that they themselves did and that should they consent to the taking away the Peerage of the Lords Spiritual they must Sit there precariously themselves Upon the Debate of this Bill the Lord Grandison Friday May 21. Lord Viscount Newark made these two following Excellent Speeches My Lords I Shall take the boldness to speak a Word or two upon this Subject First Two Speeches of the L. Grandison Viscount Newark concerning the Peerage of the Bishops May 21 1641. as it is in it self then as it is in the Consequence For the former I think he is a great stranger in Antiquity that is not well acquainted with that of their sitting here they have done thus and in this manner almost since the Conquest and by the same Power and the same Right the other Peers did and your Lordships now do and to be put from this their due so much their due by so many hundred Years strengthened and confirmed and that without any Offence nay Pretence of any seems to me to be very severe if it be jus I dare boldly say it is summum That this hinders their Ecclesiastical Vocation an Argument I hear much of hath in my apprehension more of shadow then substance in it if this be a reason sure I am it might have been one six hundred Years ago A Bishop My Lords is not so circumscribed within the circumference of his Diocess that his sometimes absence can be termed not in the most strict Sense a neglect or hinderance of his duty no more than that of a Lieutenant from his County they both have their subordinate Ministers upon which their influences fall though the distance be remote Besides My Lords the lesser must yield to the greater Good to make wholesome and good Laws for the happy and well regulating of the Church and Common-wealth is certainly more advantagious to both then the want of the personal execution of their Office and that but once in three Years and then peradventure but a Month or two can be prejudicial to either I will go no further to this which experience hath done so fully so demonstratively And now My Lords by your Lordships good leave I shall speak to the Consequence as it reflects both on your Lordships and my Lords the Bishops Dangers and inconveniencies are ever best prevented è longinquo this President comes neer to your Lordships and such a one mutato nomine de vobis Pretences are never wanting nay sometimes the greatest Evils appear in the most fair and specious out-sides witness the Ship-mony the most abominable the most illegal thing that ever was and yet this was painted over with colour of the Law what Bench is secure if to alledge be to convince and which of your Lordships can say then he shall continue a Member of this House when at one Blow twenty six are cut off It then behoves the Neighbour to look about him cum proximus ardet Vcalegon And for the Bishops My Lords in what condition will you leave them The House of Commons represents the meanest Person so did the Master his Slave but they have none to do so much for them and what Justice can tie them to the observation of those Laws to whose constitution they give no Consent the Wisdome of former Times gave Proxies unto this House meerly upon this Ground that every one might have a Hand in the making of that which he had an Obligation to obey This House could not represent therefore Proxies in Room of Persons were most justly allowed And now My Lords before I conclude I beseech your Lordships to cast your Eyes upon the Church which I know is most dear and tender to your Lordships you will see Her suffer in Her principal Members and deprived of that Honor which here and throughout all the Christian World ever since Christianity She constantly hath enjoyed for what Nation or Kingdome is there in whose great and publick Assemblies and that from Her beginning She had not some of Hers if I may not say as Essential I am sure I may say as Integral Parts thereof and truly my Lords Christianity cannot alone boast of this or challenge it only as Hers even Heathenisme claims an equal share I never read of any of them Civil or Barbarous that gave not thus much to their Religion so that it seems to me to have no other Original to flow from no other Spring than Nature it self But I have done and will trouble your Lordships no longer how it may stand with Honor and Justice of this House to pass this Bill I most humbly submit unto your Lordships the most proper and only Judges of them both The second Speech about the lawfulness and conveniency of their intermedling in Temporal Affairs My Lords I Shall not speak to the Preamble of the Bill that Bishops and Clergy Men ought not to intermedle in Temporal Affairs For truly my Lords I cannot bring it under any respect to be spoken of Ought is a Word of Relation and must either refer to Humane or Divine Law to prove the lawfulness of their intermedling by the former would be to no more purpose than to labour to convince that by Reason which is evident to Sense It is by all acknowledged The unlawfulness by the latter the Bill by no means admits of for it excepts Universities and such Persons as shall have Honor descend upon them And your Lordships know that circumstance and chance alter not the Nature and Essence of a thing
nor can except any particular from an universal Proposition by God himself delivered I will therefore take these two as granted first that they ought by our Law to intermedle in Temporal Affairs secondly that from doing so they are not inhibited by the Law of God it leaves it at least as a thing indifferent And now my Lords to apply my self to the business of the Day I shall consider the conveniency and that in the several Habitudes thereof but very briefly first in that which it hath to them meerly as Men qua tales then as parts of the Common-welth Thirdly from the best manner of constituting Laws and lastly from the practice of all times both Christian and Heathen Homo sum nihil humanum à me alienum puto was indeed the saying of the Comedian but it might well have becom'd the Mouth of the greatest Philosopher We allow to sense all the Works and Operations of Sense and shall we restrain Reason Must onely Man be hindred from his proper Actions They are most fit to do reasonable things that are most reasonable For Science commonly is accompanied with Conscience So is not Ignorance they seldome or never meet And why should we take that capacity from them which God and Nature have so liberally bestowed My Lords the Politick body of the Common-wealth is analogical to the Body natural every Member in that contributes something to the constitution of the whole the superfluity or defect which hinders the performance of that duty your Lordships know what the Philosopher calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Natures sin And truely my Lords to be part of the other Body and do nothing beneficial thereunto cannot fall under a milder Term. The Common-wealth subsists by Laws and their Execution and they that have neither Head in the making nor Hand in the executing of them confer not any thing to the being or well-being thereof And can such be called Members unless most unprofitable Ones only fruges consumere nati Me thinks it springs from Nature it self or the very depths of Justice that none should be tied by other Laws than himself makes for what more Natural or Just than to be bound only by his own Consent To be ruled by anothers Will is meerly Tyrannical Nature there suffers Violence and Man degenerates into Beast The most flourishing Estates were ever governed by Laws of an universal Constitution witness this our Kingdom witness Senatus Populusque Romanus the most glorious Common-wealth that ever was and those many others in Greece and elsewhere of eternal Memory Some things My Lords are so evident in themselves that they are difficult in their Proofs Amongst them I reckon this inconveniency I have spoken of I will therefore use but a Word or two more in this Way The long experience that all Christendom hath had hereof for these 1300 Years is certainly argumentum ad hominem Nay My Lords I will go further for the same Reason runs thorow all Religions never was there any Nation that employed not their religious Men in the greatest Affairs But to come to the Business that lies now before your Lordships Bishops have voted here ever since Parliaments began and long before were imployed in the Publick The good they have done your Lordships all well know and at this day enjoy for this I hope ye will not put them out nor for the evil they may do which yet your Lordships do not know and I am consident never shall suffer A position ought not to be destroyed by a supposition à posse ad esse non valet consequentia My Lords I have done with proving of this positively I shall now by your good Favors do it negatively in answering some Inconveniencies that may seem to arise For the Text No Man that Wars Object 1 intagles himself with the Affairs of this Life which is the full Sense of the Word both in Greek and Latine it makes not at all against them except to intermedle and intangle be Terms equivalent Besides My Lords though this was directed to a Church-man yet it is of a general Nature and reaches to all Clergy and Laity as the most learned and best expositors unanimously do agree To end this Argumentum symbolicum non est argumentativum It may be said that it is inconsistent with a Spiritual Vocation truely Object 2 My Lords Grace and Nature are in some respects incompossible but in some others most harmoniously agree it perfects Nature and raises it to a heigth above the common Altitude and makes it most fit for those great Works of God himself to make Laws to do Justice There is then no inconsistency between themselves it must arise out of Scripture I am confident it doth not formally out of any Place there nor did I ever meet with any learned Writer of these or other times that so expounded any Text. But though in strict Terms this be not inconsistent yet it may peradventure hinder the duty of their other calling My Lords there is not any that fits here more for preaching than I am I know it is the ordinary means to Salvation Object 3 yet I likewise know there is not that full necessity of it as was in the Primitive Times God defend that 1600 Years acquaintance should make the Gospel of Christ no better known unto us Neither My Lords doth their Office meerly and wholly consist in Preaching but partly in that partly in Praying and administring the Blessed Sacraments in a Godly and exemplary Life in wholsome Admonitions in Exhortations to Vertue dehortations from Vice and partly in easing the burdened Conscience These My Lords compleat the Office of a Churchman Nor are they altogether tied to time or place though I confess they are most properly exercised within their own Verge except upon good Occasion nor then the Omission of some can be termed the breach of them all I must add one more an essential one the very Form of Episcopacy that distinguisheth it from the Inferiour Ministry the orderly and good Government of the Church and how many of these I am sure not the last My Lords is interrupted by their sitting here once in 3 Years and then peradventure but a very short Time and can there be a greater Occasion than the common good of the Church and State I will tell your Lordships what the great and good Emperor Constantine did in his expedition against the Persians he had his Bishops with him whom he consulted with about his Military Affairs as Eusebius has it in his life Lib. 4. c. 56. Reward and Punishment are the great Negotiators in all Worldly Businesses Object 4 these may be said to make the Bishops swim against the Stream of their Consciences and may not the same be said of the Laity Have these no Operations but only upon them Has the King neither Frown Honor nor Offices but only for Bishops Is there nothing that answers their Translations Indeed My Lords I must needs say that
the Report The Limitations were That all those who had suffered damage by the Customers either in Goods or otherwise might notwithstanding this Composition take their remedy at Law for Reparation And that the petty Customers should also come in upon Composition and then have the benefit of the Act of Oblivion An Order was also sent to the Master and Wardens of the Company of Vintners to command that notice be given to the whole Company that the Patent of Abel and Kilvert being Voted Illegal they should sell their Wines as formerly viz. French Wines at Six-pence per Quart and Spanish Wines at Twelve-pence the Quart This day a Commission was presented to the House of Lords Several private Bills passed by Commission directed to the Lord Privy Seal Lord Great Chamberlain and to Earl Marshal or any two of them to give the Royal Assent to three private Bills viz. One Entituled An Act to enable the Marquess of Winton to grant Estates for three Lives or 21 years c. of Lands in the County of Southampton c. reserving the old Rents Another Entituled An Act for Naturalization of Dorothy Spencer Daughter of Henry Lord Spencer Baron of Wormleighton And the third Entituled An Act for the enabling a Sale and Leasing of Lands for payment of the Debts of Thomas late Earl of Winchelsea The Lords Commissioners in their Robes sitting upon a Form set across the House between the State and the Keeper's Woolsack the House of Commons being sent for came with their Speaker then the Clerk of the Parliament presented upon his knee the Commission unto the Lords Commissioners and the Lord Privy Seal after he had acquainted the Peers and the House of Commons with his Majesties pleasure herein he delivered the Commission to the Clerk of the Parliament who carried it to his Table and read it which being done the Clerk of the Crown read the Titles of each Bill severally after which the Clerk of the Parliament pronounced the Royal Assent severally and then the Commons returned to their own House The Commons being returned Mr. Taylor a Barrister Thursday May 27. Mr. Taylor Burgess for Windsor expelled the House and Burgess for the Burrough of Old Windsor was expelled the House and Voted uncapable of ever being a Member of Parliament to be committed Prisoner to the Tower during the pleasure of the House to be carried down to Windsor there to make publick Recantation of what he had spoken and from thence to be returned back to the House of Commons to receive further Sentence And it was Ordered That a Writ should be presently issued out for a new Election in his Room The words for which he was Expelled and thus severely treated were attested by John Hall Mayor of Windsor Mr. Broughton and Mr. Waller That Mr. Taylor should in discourse about the death of the Earl of Strafford say That the House of Commons had not his Vote to the Bill of Attainder against Thomas Earl of Strafford for that to do it before the Lords had finished the Trial upon the Articles of Impeachment Exhibited by the Commons against him was to commit murther with the Sword of Justice An Act for the utter abolishing and taking away of Arch-Bishops Bill for Root and Branch read twice Bishops their Chancellours and Commissaries Deans Deans and Chapters Arch-Deacons Prebendaries Chanters and Canons and other Under-Officers out of the Church of England was read the first time and upon the debate of the House for a second reading the House was divided Yeas 139 Noes 108 so the Bill was read the second time and committed to a Committee of the whole House A Bill was also read the first time for granting to his Majesty the Duty of Tonnage and Poundage Bill for Tonnage Poundage read twice Holmer the Printer bailed and a second time in the Afternoon This day Holmer the Printer who was committed to the Gate-house for printing an Elegy upon the Earl of Strafford which then were called scandalous Verses was admitted to Bail An Estimate of the Debt of the Kingdom was this day brought into the House by the state of which Account it appeared Friday May 28. The state of the publick Debts Bill for raising mony and disbanding the Armies read a second time Bills against H. Commission Court and Pluralities engrossed Saturday May 29. That there was a Debt of seven hundred seventy three thousand nine hundred pounds due to the two Armies the City and several private persons who had lent mony upon Parliamentary Credit which brought on the Consideration of the Bill for Raising Mony and Disbanding the Armies which was read a second time Mr. Rigby Reports the Bills for taking away the High Commission Court and against Pluralities with the Amendments which were both Ordered to be engrossed Little of moment passed this day in the Commons House most of it being spent in debates about Raising Mony to defray the great Debt into which the Kingdom was plunged by the coming in of the Scottish Army to be assistant in the Glorious Reformation of Religion and Establishment of the Subjects Liberty for which guilded Words the Nation was to part with their real Treasure And it was but an untoward Omen how expensive these great Patriots were like to prove for the future who began so early to shew the People that little less than a Million of Mony must be laid down as the Earnest for this imaginary purchase It was this day Ordered Several Lords examined about the Conspiracy of the Army That the Earls of Newcastle and Carnarvan and the Lord Bishop of Chichester shall be attended with this Order and that their Lordships be desired to repair unto the Lords Committees appointed by this House to take the Examinations concerning certain late practises concerning the Army in the North at Two of the Clock this Afternoon at the Lord Keeper's Lodgings near the Parliament House to be examined by them A Case having been depending between Thomas Nash Nash and Kynnaston's Case determined in a Writ of Error and Charles Kynnaston about Errors in a Writ of Error and Council having been fully heard at the Bar of the Lords House on both sides their Lordships Voted the said Errors alledged by the Plaintiff Nash to be frivolous and thereupon awarded the following Order upon it In Suprema Curia Domini Regis Parliament ' Inter Thomam Nash Quer ' Carolum Kynnaston Defendentem in placito transgr ' ejectionis Firmae Super quo visis premissis per Cur ' Parliament ' Domini Regis nunc hic diligent ' Examinat ' plenius intellectis tum Record ' Process ' predict ac Judic ' predict ' super eisdem Reddit ' quam predict ' Causa pro Errore prodict ' predict ' Thom ' in Forma predict ' assignat ' allegat ' videtur predicta suprema Curia Parliament ' hic quoad Record predict in nullo vitiosum aut defectivum
of this Church and Nation the Advancement of Religion and Learning the Encouragement of the Modest Hopes and Honest Endeavours of many Hundred Students in the Universities Who do and shall ever pray c. Dat. An. Dom. millesimo sexcent ' quad ' primo è Domo Convocationis in celebri Conventu Doctorum ac Magistrorum omnibus singulis assentientibus Upon Report from the Lords Committees for Priviledges The L. Morley to be Tryed by his Peers for the Murther of one Clark It is Ordered That the Lord Morley and Monteagle shall be Tryed at the Barr in this House touching the Murther of Peter Clarke and that a Writ of Certiorari shall be directed to the Lord Chief Justice of the Kings-Bench to bring into this House the Indictment and Examinations against the said Lord Morley remaining now in the Court of Kings Bench that the King's Attorney and the rest of his Majesties Learned Counsel shall give in Evidence on the Kings behalf against the said Lord Morley And that the said Lord Morley shall have Liberty to have Counsel to speak for him in point of Law only but not to matter of Fact And lastly That the Complainants shall be heard by their Counsel at the Barr at their said Tryal if they desire it And because that in one and the same Indictment the said Lord Morley and Mr. Kirke are both contained this House doth further Order That the Record of the Indictment for so much as concerns the said Kirke shall by this House be remanded to the Court of Kings-Bench that there he may be proceeded against according to Law A Message was sent up from the Commons by Mr. Hollis Letters to be opened this Week who said he was Commanded to let their Lordships know That the Commons have taken Notice of the Secret Counsels of Jesuits and other ill-affected persons in the Kingdom which are fomented by our Enemies abroad to disturb the Peace of this Kingdom and Scotland the desire of the House of Commons was That all suspected persons be stopped at the Ports and if Cause Examined and that the Letters of this Week which come from France may be stayed and brought to this House to be perused as hath formerly been Upon which the Lords Ordered That the Post-Master Mr. Thomas Witherings should bring the Letters accordingly and that suspected persons should be Examined and if there were occasion for it apprehended And the L. Privy Seal Earl of Cambridg Earl of Holland Viscount Say and Seal were appointed by the House to acquaint his Majesty with what the House Resolved in this business His Majesty coming this Day to the House of Lords the Commons were sent for to attend him by the Gentleman Usher of the Black Rod in order to his giving the Royal Assent to the Bill for Tonnage and Poundage when the Speaker of the Commons House addressed himself to his Majesty with this following Speech THat policy most Gracious and Dread Soveraign Mr. Speaker's Speech to his Majesty at the passing the Bill for Tonnage and Poundage June 22. 1641. which weighs the Prerogative of the King and Property of the Subject in the same Scales and increases the plenty of the Crown and contentment of the People the even poising of this Beam enables both the one being ordained for the preservation of the other This Principle is so riveted into the Hearts of your Subjects by the Acts of their Ancestors and Traditions of their Fore-fathers that it hath Created a belief in them that their Wills are bound to a due Allegiance and their Fortunes and Estates as well as their Duty and Subjection must bend to the Commands of that Soveraign power with which God hath invested your Sacred Majesty Compulsary obedience advanced by the transcendent power of Prerogative is too weak to support the right of Government It is the Affections and Estates of your People tyed with the Threads of Obedience by the Rules of Law that fastens safety and prosperity to the Crown The experiment of elder times in the Reigns of the most Valiant puissant Princes hath concluded this the Soveraign Preservative against the Diseases of distraction and confusion and makes it manifest to the World that the Honour and Glory of this Throne is to command the Hearts of Free-men This admitted the permission of the least diminution or any Eclipsed interposition between the Honor and Plenty of the Crown contracts a Scorn upon the Nation Several Parliaments in former times have stampt the Character of a free gift upon the Fore-front of this Aid still offered by the People as a Sacrifice of Thanks-giving to the Crown for the safe conduct of your Merchants and provision of the Navy to strengthen your undoubted Dominion over the Seas which hath protected your Allyes and is a Terrour to your Enemies Our hopes were long since to have setled this for the measure and the time and with this to have presented to your Sacred Majesty the triumphant Palm of Tranquility in all your Kingdoms But as a Ship Floating upon a Rough Sea we have been cast upon the Rock of Fear and Dangers and tossed on the Billows of distraction and distrust of Church and Common wealth where we yet remain hopeless ever to pass through that narrow Channel which leads to the Haven of Peace unless we be speedily Steered on by the hand of your Sacred Wisdom Care and Providence In the midst of all these troubles and the several Opinions which have been amongst us no division had power to distract any one of us from the care and Duty we owne to your Sacred Person And to that end am I now sent by the Commons of England to present this as a Mark only whereby your Sacred Majesty may view the inward duties of our Hearts until time and opportunity will give Leave for a further expression of our Duties and Affections The acceptation of this Gift will glad the Hearts of your People and the approbation by the Royal Assent of this Bill being the largest for the measure which was ever given will joyn Wings to our desires and hopes which shall never return without that Olive-Leaf which may declare that the Waters are abated and your Sacred Majesty way have full assurance of the Faith and Loyalty of your Subjects To which his Majesty was pleased to return this Gracious Answer My Lords and Gentlemen I Do very willingly accept Your Offer made at this time as a Testimony of your Love The King's Speech at the Passing the Bill for Tonnage Poundage June 22. 1641. and of that Dutiful Affection You owe Me and I no way doubt but that You will perform that which You have intimated unto Me in perfecting the other Bill when you have Liezure Likewise in passing this Bill you cannot but see a great Testimony of the Trust and Considence I have in Your Affections as since this Parliament begun I have omitted no Occasion whereby I may shew such
Sir John Culpeper Message about the payment of the Scots the arrear of the Brotherly Assistance to acquaint their Lordships with Three Votes made in their House concerning the Scots Two Voted the 19th of this Instant June and the other made this Day and desired their Lordships to take them into Consideration and Confirm them The Votes were these Resolved That one Moiety of the Brotherly Assistance that is in Arrear shall be paid at Midsummer come 12 Month and the other Moiety at Midsummer come 2 Years Resolved c. That an Act of Parliament of Publique Faith shall pass for Security to be given for the Brotherly Assistance that is in Arrear Die Veneris 25. Junii 1641. Resolved c. That the House of Commons doth declare That the Sums of Money Arrear for the Brotherly Assistance to be comprised in the Act of Parliament is 220000 l. Then it was Resolved upon the Question by the Major part of the Lords That this House doth approve of these Votes of the House of Commons Memorand That this Vote doth not Engage this House in any Moneys but to strengthen the Votes of the House of Commons thereby to prepare an Act of Parliament for the Publique Faith An Officer being sent with a Warrant to apprehend Father Phillips and Waiting for him at Whitehall Complaint was made to the King about it And the Lord Chamberlain by the King's Command sent for the Officer to Examine him by what Authority he came into the Verge of the Court to attach any person who shewing him his Warrant desired he would trust him with it to shew it to the King Which the Officer did and the Lord Chamberlain soon after returning gave this Answer That his Majesty would Satisfie the House about it if Phillips did not appear Thus did these men who made such Outcries against the least infringement of their Priviledges make no scruple to invade the Undoubted Priviledge of his Majesty and his Royal Court. However Phillips did appear in the Afternoon before the Committee where he was Examined about this Ensuing Letter as I find it in the Book of Speeches Copy of Father Phillips his Letter to Mr. Mountague in France THe good King and Queen are left very naked the Puritans if they durst would pull the good Queen in pieces Can the good King of France suffer a Daughter of France his Sister and her Children to be thus affronted Can the Wise Cardinal endure England and Scotland to unite and not be able to discern in the end it is like they will joyn together and turn head against France A stirring active Ambassador might do good Service here I have sent you a Copy of the King's Speech on Saturday last at which time he discharged his conscience and was advised to make that Speech by the Earl of Bristol and the Lord Sey but I believe there is a mistake in the Writing and that it should have been the Lord Savyll This Speech did much operate to the disadvantage of the Earl of Strafford for the Commons were much thereby incensed and inflamed against him and this brought forth the next day being Monday a Protestation which was taken in both Houses of Parliament of the same nature but rather worse then the Scottish Covenant The Londoners who were very boysterous came upon Munday 5 or 6000 and were so rude that they would not suffer the Lords to come and go quietly and peaceably to their Houses but threatned them that if they had not Justice and if they not his Life it should go hard for all those that stood for him following them up and down and calling for Justice Justice Justice There was in the House of Commons fifty six that denyed to pass the Earl of Strafford 's Bill their Names were taken and they were fixed upon Posts in divers parts of London and there was Written over the Head These are Straffordians the betrayers of their Country By this means it came to pass that the Lords and Judges were much affrighted and the most of his Friends in the Lords House forsook him all the Popish Lords did absent themselves the Lord of Holland and Hartford were absent so was Bristoll and others Savyll and the Duke only stuck close and faithfully to him and some few other Lords God knows the King is much dejected The Lords much affrighted which makes the Citizens and House of Commons shew their Heads some have braved little less then to unthrone His Majesty who if he had but an ordinary Spirit might easily quash and suppress these People Our good Queen is much afflicted and in my Conscience the Puritans if they durst would tear her in pieces this cannot be for the Honour of France to endure a Daughter of that Nation and her Children should be thus oppressed and affronted The Earl of Holland is made General of the Army whither he is gone down The Earl of Newport Master of the Ordnance Belfoard the Lientenant of the Tower hath proved an errand Traytor to the King who commanded him upon his Allegiance to receive a Captain and 1000 men into the Tower which he most Traiterously refused to do one clause is omitted which should have been placed in the middle of the Letter which was to this effect that there was a report in London That the Parliament House was on fire whereupon there were more then 1000 People very suddenly gathered together whereby you may easily perceive the hight and violence of the Peoples affections May 6. Anno Dom. 1641. This Letter was thought to be sent from a Priest calling himself Father Phillips to Mr. Montague There was another Letter and that was sent from one Robert Philips one of the Queens Priests and it is supposed to be to Master Montague to this effect You may expect some company with you ere long Crofts Suckling Piercy Jermyn are gone all things here are in great incertainties Protestation is made and taken by both Houses much like but much worse then the Scottish Covenant I sent you some money by Master Jermyn but now that he is gone I make some doubt whether he might be mindful of you to take it with him I have spoke to the Queen about your occasions and will do what I can though I am not able to undertake much Your Loving Friend Francis Philips There is one Passage in this Letter which makes me apt to suspect it to be a Forgery of some of the Party and that is in the 5th Paragraph where speaking of the Earl of Strafford he saith That most of his Friends in the Lords House forsook him all the POPISH Lords did absent themselves For certainly no Roman Priest would call them Popish but Catholique Lords which is their constant Dialect when they speak of those of their own Sect and a peculiar Honour they arrogate to themselves whereas they disdain the word Popish as generally bestowed upon them in Distinction and Contempt by the Protestants Let it be
of Aid and Supply to your Lordships in the Ancient and due Form But perhaps your Lordships will say you question not that general right we have of granting Subsidies that it is to receive its Birth and Being from the House of Commons but that in this particular case of Poll-money you expect a particular satisfaction and much more to see it proved that the Peerage of England were ever before rated in such a Bill For the first my Lords this way is an Ancient and a known way it began in the time of that Wise and Victorious Prince King Ed. 3. as appears upon Record in Rotulo Parliamenti de Anno 51. Ed. 3. Numero 19. And I assure my self neer upon three hundred years continuance is able to challenge both allowance and imitation from this present Age. During the Reign of R. 2. his Grand-child this course of raising money by the Poll was again put in practice as an advantagious and a speedy way Your Lordships shall find one example of it in the Parliament Roll de Anno 4. Rich. 2. n. 15. being almost the same with that rate and proportion granted in the time of Edward the Third But that Record which comes home to this case and is an identical president in the very particular before your Lordships to give you full satisfaction is found in Rotulo Parliamenti in Parliamento 2. for the miseries at home and the calamities abroad caused in one year sometimes two sometimes three Parliaments in those elder times de An. 2. Rich. 2. n. 14. where the Dukes Earls and Barons are all particularly rated and the Duke of Britain is there assessed as a Duke though he were a Free Prince and had only the Title of Earl of Richmond in England Nay my Lords the House of Commons at this time hath come far short of the same president in favour of the Noble Ladies for whereas the Countesses Dowagers were rated at the same proportions with Earls and the Widows of Barons at as high a rate as the Barons themselves we have now eased them of two parts of that and only charged them with the third I hope now your Lordships have seen both reason and president for our proceedings at this time you will be pleased to believe that the House of Commons will be as careful and tender of your Lordships Rights and Priviledges as of their own We know my Lords that this is the way to preserve peace and unity between us which as it is always expedient so is it at this time most necessary For the two Houses are as the two Arms of the Kingdom if we hold fast together we shall be able to Accomplish great things worthy to be transmitted to after-Ages but if we dissever and disunite we may end in ruin and calamity So much of the said Record as concerns the rating of the Nobility and Gentry is here added it being presented thus ready written at the said Conference Rot. Parliamen in Parliamento 2. de An. 2. Rich. 2. N. 14. Le Duc de Lancastre le Duc de Bretaigne chescun a x. Markes chescun Conte D'engleterre iiii l. Chescun Countesses veoves en Engleterre a tant come les Count iiiii l. Chescun Baron Baneret ou Chivaler qui poet a tant dispendere xl s. Chescun Baronesse veove paiera come Baron Banresse come le Baneret xl s. Chescun Bachiler chescun Esquier qui per Le statute deveroit estre Chivaler xx s. Chescun veove Dame feme de Bachiler on Esquier al afferant xx s. Chescun Esquire de meindre estate vi s. viii d. Chescun feme veoxe de tiel Esquire ou Marchant suffisant vi s. viii d. Chescun Esquier nient possession de terres ne chateux quest en service ou ad este armes iii. s. iiii d Captain Pollard this day Petitioned the House Captain Hugh Pollard Bailed that he might have liberty to go into the Country to visit his Father who lay very sick and was so far displeased with him upon the misfortune of his Accusation that he was afraid he would dis-inherit him and the Earl of Essex and another Lord offering to be Bail for him it was Ordered That by Warrant from the Speaker he should be delivered from the Gate-House to the Serjeant at Arms who was to take Bail of 1000 l. from himself and 500 l. apiece from his Bail Thursday July 1. Stannery Bill passed the Commons The Articles against the Judges Voted for his appearing upon Monday three weeks The Bill for Regulating the Court of Stanneries was this day read a third time and passed the Commons Mr. Hide reports the Articles against Judge Crawley Sir Humphrey Davenport Lord Chief Baron of the Exchequer Sir Thomas Trevor Baron of the Exchequer Sir Richard Weston Baron of the Exchequer which were singly Voted and ordered to be Engrossed and a Conference to be desired with the Lords and that Sir Randal Crew 's Case be then recommended to their Lordships to move his Majesty to recompence him with Honour for his Sufferings for the Publick Upon Mr. Peard's reporting of the Case of Mr. Faunt Mr. Peard Reports Mr. Faunt's Case it was Resolved c. That the Sentence in the Star-Chamber against Sir William Faunt was without ground of any thing that appears either in answer or proof Resolved c. That the said Mr. Faunt and his Father as Co-executors ought to be restored to all that was paid either by Sir William Faunt or them Resolved c. That the Cause be represented to the Lords to the end the Sentence may be reversed and the Parties restored to all that they and their Testators have paid Resolved A Vote against the Council Board c. That neither the Body of the Lords of the Council nor any one of them in particular as a Privy-Councellor hath any power to imprison any Free-born Subject except in such Cases as they are warranted by the Statutes of the Realm Engrossed Articles against Lord Chief Justice Bramston Friday July 2. Lord Chief Baron Davenport the Judges Crawley Weston Trevor and Berkley voted to be carried up to the Lords The Bills against the Court of Star-Chamber and High-Commission Court Bills against Star-Chamber c. Carried up to the Lords with the amendments passed and carried up to the Lords by Mr. Capel as also the Bill for raising Mony for the speedy disbanding the Armies and to move their Lordships to desire of his Majesty his Royal Assent to them with all convenient Expedition The Bill for the Poll-mony with the Amendments were twice read in the House of Lords and agreed to with this Memorandum Memorandum A Salvo entered by the Lords about the Poll Money That a Salvo be entred for the preserving the Priviledges of Peers of this Realm for Rating and Taxing themselves in Subsidies by Members of this House in time of Parliament This day was read a third
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
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
intended for its preservation Now my Lords God and Nature have given us the Sea as our best guard against our Enemies and our Ships as our greatest Glory above other Nations and how barbarously would these men have let in the Sea upon us at once to wash away our Liberties and to overwhelm if not our Land all the Propriety we have therein making the supply of our Navy a pretence for the ruine of our Nation For observe I beseech you the fruit and consequence of this Judgment how this mony hath prospered how contrary an effect it hath had to the end for which they pretended to take it On every County a Ship is Annually imposed and who would not expect but our Seas by this time should be covered with the number of our Ships Alas my Lords the daily Complaints of the decay of our Navy tell us how ill Ship-mony hath maintained the Sovereignty of the Sea and by the many Petitions which we receive from the Wives of those miserable Captives at Algier being between Four and Five Thousand of our Countrey-men it does too evidently appear that to make us slaves at home is not the way to keep us from being made slaves abroad so far has this Judgment been from relieving the present or preventing the future necessity that as it changed our real Propriety into the shadow of a Propriety so of a feigned it has made a real necessity A little before the approach of the Gauls to Rome while the Romans had yet no apprehension of that danger there was heard a voice in the Air louder than ordinary The Gauls are come which voice after they had sack't the City and besieged the Capitol was held so ominous that Livie relates it as a Prodigy This Anticipation of necessity seems to have been no less ominous to us These Judges like ill boading Birds have call'd necessity upon the State in a time when I dare say they thought themselves in greatest security but if it seem superstitious to take this as an Omen sure I am we may look on it as a Cause of the unfained necessity we now suffer for what regret and discontent had this Judgment bred among us And as when the Noise and Tumult in a private house grows so loud as to be heard into the Streets it calls in the next Dwellers either kindly to appease or to make their own use of the Domestick strife so in all likelihood our known discontents at home have been a concurrent cause to invite our Neighbours to visit us so much to the expence and trouble of both these Kingdoms And here My Lords I cannot but take notice of the most sad effect of this Oppression the ill influence it has had upon the Ancient Reputation and Valour of the English Nation And no wonder for if it be true Oppression makes a Wise-man Mad it may well suspend the courage of the Valiant The same happened to the Romans when for renown in Arms they most excell'd the rest of the World the Story is but short 'T was in the time of Decemviri and I think the chief troublers of our State may make up that number The Decemviri My Lords had Subverted the Laws Suspended the Courts of Justice and which was the greatest grievance both to the Nobility and People had for some years omitted to Assemble the Senate which was their Parliament This says the Historian did not only deject the Romans and make them despair of their liberty but caused them to be less valued by their Neighbours The Sabines take the advantage and invade them and now the Decemviri are forced to call the long desired Senate whereof the People were so glad that Hostibus belloque gratiam habuerunt This Assembly breaks up in discontent nevertheless the War proceeds Forces are raised led by some of the Decemviri and with the Sabines they meet in the field I know your Lordships expect the Event my Author's words of his Country-men are these Ne quid ductu aut auspicio Decemvirorum prospere gereretur vinci se patiebantur They chose rather to suffer a present Diminution of Honour then by Victory to confirm the Tyranny of their new Masters At their return from this unfortunate Expedition after some Distempers and Expostulations of the People another Senate that is a second Parliament is called and there the Decemviri are questioned deprived of their Authority imprisoned banished and some lose their lives and soon after this Vindication of their Liberties the Romans by their better Success made it appear to the World that Liberty and Courage dwell always in the same Breast and are never to be Divorced No doubt My Lords but your Justice shall have the like effect upon this dispirited people 't is not the Restauration of our Ancient Laws alone but the Restitution of our Ancient Courage which is expected from your Lordships I need not say any thing to move your just indignation that this Man should so cheaply give away that which your Noble Ancestors with so much Courage and Industry had so long maintained You have often been told how careful they were though with the hazzard of their Lives and Fortunes to derive those Rights and Liberties as entire to Posterity as they received them from their Fathers what they did with labour you may do with ease what they did with danger you may do securely the Foundation of our Laws is not shaken with the Engine of War they are only blasted with the breath of these men and by our breath may be restored What Judgments your Predecessors have given and what punishments their Predecessors have suffered for offences of this nature your Lordships have already been so well informed that I shall not trouble you with the repetition of those Precedents Only my Lords something I shall take leave to observe of the person with whose Charge I have presented you that you may the less doubt of the wilfulness of his offence His Education in the Inns of Court his constant practice as a Councellor and his experience as a Judge considered with the mischief he has done makes it appear that this progress of his through the Law hath been like that of a diligent Spie through a Country into which he meant to conduct an Enemy To let you see he did not offend for company there is one Crime so peculiar to himself and of such malignity that it makes him at once uncapable of your Lordships favour and his own subsistence incompatible with the right and propriety of the Subject for if you leave him in a capacity of interpreting the Laws hath he not already declared his opinion That your Votes and Resolutions against Ship-mony are void and that it is not in the power of a Parliament to abolish that Judgment To him My Lords that hath thus plaid with the Power of Parliament we may well apply what was once said to the Goat browsing on the Vine Rode caper vitem tamen hinc
profit of that Office which upon a just Calculation in so long a Revolution of time amounts to 26000 l. or thereabouts He kept his Innocency when others let theirs go when himself and the Common-wealth were alike deserted which raises his merit to a higher pitch For to be honest when every body else is honest when honesty is in fashion and is Trump as I may say is nothing so meritorious but to stand alone in the breach to own honesty when others dare not do it cannot be sufficiently applauded nor sufficiently rewarded And that did this good old man do in a time of general desertion he preserved himself pure and untainted Temporibusque malis ausus is esse bonus My Lords The House of Commons are therefore Suiters unto your Lordships to joyn with them in the representation of this good Man's Case unto his Majesty and humbly to beseech his Majesty to be so good and gracious unto him as to give him such honour the quality of this case considered as may be a noble mark of Sovereign grace and favour to remain to him and his posterity and may be in some measure a proportionable compensation for the great loss he hath with so much patience and resolution sustained There certainly cannot in the whole World be seen a more Illustrious Court than this High and Honourable Assembly of Peers in Parliament nor any thing of greater Benefit and Advantage to the Subjects of this Monarchy where matters of Right and Equity are Debated and Ordered with that great Wisdom and Justice that Tenderness and Caution that all persons may find Redress which as it has in all times been most visible so even in this Parliament it may be seen in a thousand Instances so long as it continued free and undivested of its Noble Members the Loyal Lords and the Bishops And because they into whose hands these Collections may come might see I endeavoured their Interest as well as to gratifie their Curiosity I have entred into these Papers many Orders of the Lords House in particular and extraordinary Matters that so the Readers and others might know where to seek and find Relief in many Cases wherein the ordinary Courts of Justice cannot avail them and I give this account that so they may not appear either forreign to my Design or superfluous in the Undertaking It was this day Ordered That the Earls of Dorset Warwick An Order of the Lords for Provision for Sisters by their Brother and Stamford are to be attended and humbly desired by virtue of this Order to mediate a peaceable and friendly Composition and Agreement between Mr. Stoddard and his Three Sisters touching their several Maintenance during their Lives But in case the said Mr. Stoddard shall refuse to perform such things as their Lordships shall think reasonable to be agreed unto then their Lordships are to make Report thereof unto this House which will proceed therein according to Justice and Equity Information being this day given to the Commons That the Allowances formerly paid to Mr. Jermyn Sir John Suckling and others were still continued in their Places and Salaries Mr. Treasurer was ordered to move his Majesty to stop any Allowances or Payments to Sir Francis Windebank Wednesday July 7. Message to desire the King to stop the Allowances of Sir Fr. Windebank c. A Message from his Majesty concerning the Officers of the Star-Chamber Mr. Montague Mr. Jermyn and Sir John Suckling while they stand in the Condition they are now in A Message was also brought from the King by Mr. Sollicitor concerning the Officers of the Star-Chamber and it was moved That a Committee might be appointed to take an account of them and their Places and what Reparation was fit to be made them But it was laid aside A like Message was sent to the Lords who appointed a Committee to consider of it The House then entred upon the Debate concerning the King 's Manifesto about the Affair of the Palatinate and being resolved into a Committee of the whole House and Mr. Whitlock being in the Chair Sir Symon D'Ewes spoke upon that Subject to this Effect Mr. Whitlock WE have during this Parliament Sir Simon D'Ewes his Speech concerning the Manifesto and the Affair of the Palatinate July 7. 1641. fallen upon the Debate of the greatest and most important Affairs concerning our Own Good and Welfare at Home that ever were agitated and discussed at one Meeting in the House of Commons And we are at this present by the Gracious Invitation of his Royal Majesty expressed in his most Just Manifesto read unto us resolved to take into Consideration the most Sublime and most Difficult Business of the Christian World abroad which hath for the space of above Twenty Years last past drawn all the Kingdoms and States of Europe into an immediate or mediate Ingagement In which there have been Twenty pitch't Battels fought a Million of Men Women and Children destroyed by the Sword by the Flames by Famine and by Pestilence and that sometimes Populous and Fertile Empire of Germany reduced to a most Extream and Calamitous Desolation I have in those few spare-Hours I could borrow yesterday from the publique Service of the House recollected some particulars which may conduce to the clearing of this great Cause being drawn out of the Autographs themselves or out of our Records at Home or out of the Writings of our very Adversaries and others abroad I shall therefore begin at the Original it self of the never-enough to be lamented loss of the Prince Palatine's Dominions and Electoral Dignity that so we may take along with us in our intended Disputes not only our Affections but our Consciences It is therefore very manifest to all that are but meanly verst in the Cabinet Affairs of Christendom That the Jesuits have Consulted for many years last past as well before as since the Furious Wars of Germany by what means to ruin the Evangelical Princes and Party there Their Chief Aim hath been so to divide the Protestant Princes amongst themselves as they might be made use of Each against other for the Ruine Each of other The first Occasion that offered it self within our Memories was the Pretences of several Competitors to the Dukedomes of Cleve and Juliers and they failed but a very Little to have executed their intended Design upon that Occasion But their hopes failing in it they apply themselves integrally to Ferdinand of Austria Duke of Gratz a Prince not long since so poor and of so mean a Consideration to add the weight of but one grain to the down-Ballancing of the Affairs of Christendome as his Name was scarce heard of They find him a fit subject for them to work upon having from his Cradle been bred up in an extreme hatred of the Protestant Party who professed the Truth They resound nothing into the Ears of the old Emperor Matthias but his Cousin Ferdinand's high merits so as he passing by his own Natural
flock over the Sea but went not himself Like Nimrod he hath invaded the Laws and Liberties of the Subject he hath been as great a Rober as ever was presented to your Lordships He hath Robbed the King of his Subjects the greatest glory of Kings the Kingdom of Trade of Tradesmen the Supporters of it He that deprives the King of one Subject you know his punishment and what shall be the punishment of him who hath Robbed the King of so many Subjects In the time of King Henry the Third 16 H. 3. F. wast 128. we find a Tenant in Dower punished in Action of Waste because she had destroyed two rich Villains and made them Beggers I appeal to your Lordships what is his offence who hath commmitted so much wilful Waste and Spoil Beggered Hundreds not Villains but Free-born Subjects He Robbed the Souls of that sweet Mannah which is pabulum animarum the Word of God My Lords I have not yet recounted all his Robberies he hath Robbed God of part of his Day makes part of that a Day of sports he hath Robbed his Subjects of their indubitable Birth-right the Laws of the Kingdom The Citizens of Norwich must pay Tithes for their Rents of Houses there 's no Law in England nor Custom in Norwich for it Nay that they may be sure to be Robbed of Justice too the suit for these Tithes must be in his own Consistory from whence there must be no Appeal no Prohibition The true Patrons of Churches they are Robbed of their Presentations others who had none or small pretence of right are admitted upon this unhallowed Maxim That if he should Institute those who had right the pretender was without remedy by this he inverted a Fundimental Law of this Nation to invest remediless Rights with unjust Possessions My Lords I cannot tell you all but you can measure a Lyon by the Paw I am commanded to lay this great Malefactor at your Doors one who hath been a great oppugner of the Life and Liberty of Religion and who set a Brand of Infamy to use his own words upon Ipswich Education In Summ one who is a compleat mirror of Innovation Superstition and Oppression he is now in the Snare of those Articles which were the works of his own Hands The Rod of Moses at a distance was a Serpent it was a Rod again when it was taken into his Hands this Bishop was a Serpent a devouring Serpent in the Diocess of Norwich your Lordships peradventure will by handling of him make him a Rod again or if not I doubt not but your Lordships will chastise him with such Rods as his Crimes shall deserve My Lords I am commanded by the House of Commons to desire your Lordships that this Bishop may be required to make answer to these Articles and that there may be such proceedings against him as the course and justice of Parliament doth admit Articles of Impeachment against Mathew Wren Doctor in Divinity late Bishop of Norwich and now Bishop of Ely THat the said Matthew Wren being Popishly and Superstitiously affected The Articles against the Bishop of Ely did at his first coming to be Bishop of Norwich which was in the year 1635. endeavour by sundry ways and means to suppress the powerful and painful Preaching of the Word of God did introduce divers Orders and Injunctions tending to Superstition and Idolatry did disturb and disquiet the orderly and setled Estate of the Ministers and People and Churches of that Diocess to the great prejudice of His Majesty the great grief and disquiet and hazard of the Estates Consciences and Lives of many of His Majesties Loyal Subjects there to the Manifest bringing in and encreasing of Prophaneness Ignorance and disobedience in the common People as by the particulars ensuing may appear I. Whereas many Chancells of Churches during all the time of Queen Elizabeth King James and of His Majesty that now is had laid and been continued even and flat without any steps ascending towards the East end of the same and are by the Rubrick in the Book of Common-Prayer ordered to continue as they were and so ought to have continued He of His own mind and will without any Lawful Warrant or Authority in the year 1636 being then Bishop of Norwich ordered and enjoyned that the same should be raised towards the East-end some two some three some four steps that so the Communion-Table there placed Altar-wise might be the better seen of the People II. He in the same year 1636. Ordered that the Communion-Table which is appointed by the same Rubrick at the time of the Celebration of the Holy Communion to be placed in the Body of the Church or Chancel where Divine Prayers are usually read and where the People might best hear should be set up close under the Wall at the East-end of the Chancel Altar-wise and not to be removed from thence whereby the Minister who is by the Law to Officiate at the North-side of the Table must either stand and Officiate at the North-end of the Table so standing Altar-wise or else after the Popish and Idolatrous manner stand and Officiate at the West-side of the Table with his Back towards the People III. He in the same year 1636. enjoyned that there should be a Rail set on the top of the new raised steps before the Communion-Table so set Altar-wise as aforesaid which Rail should reach from the South-side of the Chancel to the North within which the Minister only should enter as a place too Holy for the People and some of the People were punished for stepping into it as namely Daniel Whayman and others IV. The more to advance blind Superstition he in the same year 1636. Ordered that all the Pews in the Churches should be so altered that the People might kneel with their Faces Eastward towards the Communion-Table so set Altar-wise as aforesaid And that there should be no Seats in the Chancel above or on either side even up with the said Table V. He in the same year 1636. enjoyned that every Minister after he had finished the reading of some part of Morning Prayer at the Desk should go out from the same to the Holy Table set Altar-wise as to a more Holy place and there when no Communion was to be Administred Read at the said Table a part of the Communion Service now commonly called the second Service whereby the consciences both of the Minister and People have been not only very much offended and grieved but also the Service it self was made very unprofitable to the People who could not hear what was said or prayed in that place VI. That both he in his own Person his Chaplains and others of the Clergy as namely Mr. John Novell Mr. William Guest Mr. John Dunckon and others following his example did ever after the Table was so set Altar-wise use and perform such so many and so frequent bowings and adorations before and towards the said Table as have been
or in the Consistory of the Bishop of Norwich And that in such case no prohibition against the said Bishop of Norwich their Chancellors or Commissaries in the said Courts of Consistory be granted And if any such Writ be any time obtained the Judges granting the same upon sight of his Highness's said Order shall forthwith grant a Consultation to the Minister desiring the same with his reasonable cost and charges of the same Which said Order and Decree under the great Seal of England tended to the violation of the Oaths of the Judges and was devised contrived and made by the said Bishop And afterwards by his evil Counsels and false Surmises he did obtain His Majesties Royal consent thereunto and by colour of the Order aforesaid and other the doings of the said Bishop the Citizens and Inhabitants of Norwich aforesaid viz. John Collar Judith Perkeford and others have been forced to pay the two Shillings in the Pound in lieu of Tithes or else by Suits and other undue means been much molested and put to great charges and expences contrary to the Law and Justice XXV That he assumed to himself an Arbitrary Power to compel the respective Parishioners in the said Diocess to pay great and excessive Wages to Parish-Clerks viz. the Parishioners of Yarmouth Congham Tostock and others commanding his Officers that if any Parishioner did refuse to pay such Wages they should certifie him their Names and he would set them into High-Commission Court for example of the rest and that one or two out of Ipswich might be taken for that purpose And the said Commons by Protestation saving to themselves the liberty of exhibiting at any time hereafter any other Accusation or Impeachment against the said Matthew Wren late Bishop of Norwich and now Bishop of Ely and also of replying to the answer that he the said Matthew Wren shall make unto the said Articles or any of them or offering proof of the Premisses or any other Impeachments or Accusations that shall be exhibited by them as the case shall according to the course of Parliaments require do pray that he the said Matthew Wren may be called to answer the said several Crimes and misdemeanors and receive such condign punishment as the same shall deserve and that such further proceedings may be upon every of them had and used against him as is agreeable to Law and Justice Thus did these great Zealots for the pretended Purity and Reformation of Religion and to reduce the Bishops to their Primitive State even litterally render them so by Persecution imitating the Primitive Persecutors of the Primitive Bishops clothing them in Skins of Bears Wolves and Tigres to invite the cruel Mastisss to fall upon them and tear them in Pieces And certainly not with standing this black Accusation there cannot be a greater Demonstration of the Innocence of this worthy Prelate then the very Articles and that this Accusation wanted proof to carry it further than a bare Accusation and a Commitment to the Tower where with the Courage and Patience of a Primitive Christian he continued a Prisoner till the happy Year 1660. wherein he saw himself the Church and this Kingdom together set at Liberty by the blessed Restauration of His Most Serene Majesty Charles the Second to his undoubted Birth-Right the Imperial Crown of these Realms from the Bondage and Slavery under which they had for so many Years laid Languishing and almost ready to expire The Earl of Bristol acquainted the House King Assents to the 5 Propositions That His Majesty had been moved concerning the Five Propositions presented from their House from the House of Commons Yesterday and his Majesty consents to all the said Propositions WHEREAS a Petition hath been Exhibited unto this Honorable House by sundry Officers The Case of the Clerks c. of the Court of Common-Pleas against Patentees and the Lords Order upon it Clerks and late Clerks of the Court of Common Pleas Thereby shewing that they have been Bred and Trained up as Clerks in the said Court and that the Disposition of the Offices of Prothonotories Fillizers Exigenters and divers other Officers of the said Court had Time out of Mind appertained to the Chief Justice of that Court for the Time being as an inseperable Incident to his Office and that the same were granted to such skilful and experienced Clerks trained up in the said Court as were most fit and able for the Execution of the same Places and that notwithstanding several Grants and Letters Patents of the said Offices had been obtained from His Majesty to the great discouragement of able Clerks and therefore prayed that the said Grants or Letters Patents might be recalled And whereas several Petitions have likewise been Exhibited by the Patentees touching the said Offices and several Days of hearing have been appointed but in regard of greater Business in the House the Cause could not be heard whereupon it pleased the Lords upon the 26th Day of June last to Order that the Judges of the Kings-Bench and Barons of the Exchequer should consider whether the said Grants or Letters Patents made by his Majesty of the said Offices or any of them were good in Law and should make Report thereof unto the House to the end their Lordships might proceed to do what should be Right and Just therein And whereas the said Judges and Barons upon perusal of divers of the said Patents and a due Consideration had of the Grants of those Offices in former Times made by the Chief Justice of the said Court of Common-Pleas for the Time being and upon hearing of Councel on both Sides after mature deliberation had of the Premisses did certifie that the Offices of the first and third Prothonotary of the said Court of Common Pleas of the Clerk of the Warrants of the Clerk of the King's Silver of the Clerk of the Essoignes of all the Exigenters and of all the Fillizers except of the County of Monmouth have by prescription belonged to the Chief Justice for the time being and that he hath always granted the same for the Lives of the Grantees who have held them by his admittance only and that the Office of Clerk of the Treasury of that Court is all ways Granted by the Chief Justice for the time being to such Persons as he shall nominate to continue only during the Time that he continues Lord Chief Justice And further they did certifie their Opinions to be that none of the Grants made by his Majesty of any of the Offices or Clerks Places before in the same Certificate mentioned were good in Law And whereas this Day was appointed by Order of this House for the hearing of the said Cause Now upon full debate of the Matter by Councel learned on both Sides their Lordships taking the Business into their mature Consideration and well approving the Learning Justice and Integrity of the present Chief Justice and thinking it most just and meet that the Rights and Priviledges
truely incident and belonging to the Place of Chief Justice of the said Court of Common-Pleas should be restored and continued they have Vnanimously Resolved Voted Declared and Ordered That the said Offices of the first and third Prothonotary of the said Court of Common-Pleas of the Clerk of the Warrants of the Clerk of the King's Silver of the Clerk of the Essoignes of the Clerk of the Treasury and of all the Phillizers and of all the Exigenters except for the County of Monmouth do by right belong to the Disposition of the Lord Chief Justice of the said Court of Common-Pleas for the time being and that the Grants formerly made by Letters Paents of the said Offices or Clerks Places or any of them are illegal and void in Law and it is further Ordered That the said several Letters Patents herein mentioned shall be forthwith brought into this House Mr. Comptroller brings a Message from the Queen in Writing Wednesday July 21. in these Words WHen the Parliament did the other Day The Queens Message by Mr. Comptroller express their Affections to Me in taking into Consideration the Journey which I had resolved on for the recovery of my Health and represented a Desire of My stay with a tender Care of removing all Occasions of My Indisposition I could not then give them a positive Answer such as I desired for their Satisfaction because I knew not if My Health would give way unto it but since that Time I have resolved to venture my Health and for complying with their Desires not to go since My Presence here will be acceptable unto them and that they conceive it will be for the good of the Kingdom for I desire nothing more then to let them see that I shall in all things be ready to gratifie them and to serve the State though as I then said with the hazzard of my Life Upon the Receipt of which Message it was Ordered That the Bill for the Queens Joynture shall be reported this Afternoon and Mr. Comptroller is to represent to Her Majesty that this House is very sensible of the favor done by Her Majesty and that they are thinking of some more solemn way of representing it Ordered That the same Committee that attended Her Majesty before shall meet with the Committee of Lords to present Thanks to Her Majesty at such time as their Lordships shall think fit and a Conference to be desired with the Lords about it their Lordships having had the like Message from Her Majesty sent to their House At which Conference it was agreed to return Her Majesty Thanks in these Words as was reported by Mr. Hollis BOth Houses of Parliament have with very much Comfort and Thankfulness received that Gracious Message Mr. Hollis Reports the thanks of both Houses to the Queen for putting off her Journey to the Spaw whereby your Majesty hath been pleased to declare your Resolution of staying your intended Journey at their humble Desire which they hope will be no Prejudice to the Recovery of your Health but rather an advancement of it by that Contentment which You will receive from the continual Expression of their Affection and Zeal to do you Service And they have commanded Me in their Names to declare that both Prayers and Indeavors shall concur in all things tending to your Majesties Wellfare and Prosperity These Promises were well observed when they voted her Majesty a Traitor afterwards for assisting the King against them in an Actual Rebelbelion The Queens Answer Thursday July 22. Cessation continued 15 days longer which they shall ever esteem as a very great Blessing both of the Kingdom and of themselves To which Her Majesty returned this Answer I Am very glad that both Houses of Parliament have taken my Resolution of staying my Journey in so good Part they may see by it I have preferred their Content before My Health and I shall still continue to do all lies in My Power to serve the King and for the good of this Kingdom and to please them as they have already seen The Cessation of Arms was voted to be continued Fifteen Days longer from the expiration of the present Term upon the same Conditions if the Treaty continue so long This Day Mr. Smart who Articled against Dr. Cosins was by Order of the Lords restored to his Prebend in Durham and had also the Vicaridge of Aycliff in the Bishoprick of Durham bestowed on him upon the Death of Dr. Carr the present Incumbent So forward was the Zeal of the Faction to incourage and reward these Men who had been the Opposers of the Government and the real Incendiaries by promoting false and scandalous Accusations against the Bishops and the Dignified Clergy A Report from the Committee of Seven Ordered That the Articles then Reported be kept secret They were about the Conspiracy but not being entred in the Journal I cannot oblige the Reader with them The Earl of Bristol reported the Answer of the Scots Commissioners to the Two Propositions Earl of Bristol Reports the Scots Answer about disbanding which the Lords Commissioners were Ordered by this House to propound to them The Answer was ALthough the extreme necessity of the Army hath been so represented unto us as that the Arrear and 80000 l. of Brotherly assistance have not been sufficient to disband our Army and pay the most necessary present Charges yet have we not refused to agree to your desires in every thing within our Power which moveth us who are but a few of the Commissioners to offer not only the representing of our present desires to the General and Committees but the perswading of their condescending so far as necessity can permit both about the time of disbanding our Army so much desired by us all and which will be done chearfully and readily as soon as the Articles are ratified in the Parliament here and the Mony that shall be agreed upon sent and received at Newcastle As also for continuing the forbearance of the payment of 80000 l. for some short time But we are bold to desire an Alteration in your Lordships Paper that it may be the most possible for them to agree thereto as all the by-gone Arrears would be presently sent to Newcastle that they may have time to make Accompts and prepare for Disbanding so all the Arrears that will be due to the last day of the Payment of our Army may be shortly satisfied either here at London for answering Ecxhanges or sent to Newcastle to help the Disbanding there And for the 80000 l. that your Lordships would offer to Deliver and Embarque the same here before the Tenth of August that it may be in Scotland against the King's coming or the 20th day of the said month at farthest because divers have lent all their Moneys and sold all their Victuals for the publick use of the Army who must now be supplied with some part of their Mony and price of their Victuals otherwise it
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
recommend to the Parliament the Care of the Disbanding the Horse that the Soldiers may be repaid the Money which hath been taken from them for their Arms that so Armed Men may not disperse themselves to the disturbance of the Kingdom and that the Arms may be restored to the Magazins for the Defence of the King and Kingdom A Proclamation was accordingly issued out as follows By the King A Proclamation for the Peaceable and Quiet Passage of the Troops of Horse to be Disbanded in the North Parts WHereas His Majesty by the Advice of His Parliament His Majesties Proclamation about disbanding the Horse Aug. 8. 1641. hath given Order for the speedy Disbanding of the Troops of Horse that are or lately were part of His Majesties Army in the Northern Parts of the Kingdom His Majesty in his Princely Care of the Quiet and Safety of His Subjects doth by this His Proclamation strictly Charge and Command that none of those Troops or Souldiers after they are Disbanded do Travel together or gather or continue together above six in a Company under the Penalty of being proceeded with as Disturbers of the Publick Peace And doth hereby likewise straitly Charge and Command all Sheriffs and Iustices of Peace of the Counties thorow which they shall pass or whither they shall come that they fail not to take Care that the General peace and quiet of His Majesties Subjects be not disturbed by any of the said Troops or Souldiers And that none of the said Troops or Souldiers do stay or abide above one Night in a place unless it be in Case of Sickness or other great Necessity during the Time of their Travel Given at the Court at White-Hall the Eighth Day of August in the seventeenth Year of the Reign of Our Soveraign Lord CHARLES by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. God save the KING The Lord Privy Seal Reported the Opinion of the Judges concerning the Custos Regni The Judges Opinion about a Custos Regni and the Commission to pass Bills in the King's absence 1. Concerning the Custos Regni they know not how to deliver any Opinion it being of so high a Consequence 2. Concerning the Commission they hold it good if it be fortified and backed with an Act of Parliament Whereupon it was Ordered to be communicated to the House of Commons at a Conference The ACT for the Confirmation of the Treaty of Pacification between the Two Kingdoms of England and Scotland The Act of Pacification passed the Lords House was read a third time and being put to the Question it was Resolved to pass as a Law And sent down to the Commons by Justice Forster and Justice Heath MEmorandum Thanks given to the Lord Commissioners and particularly the E. of Bristol for the Treaty Bill for taking away purveyance read the first Time This House this day gave Thanks to the Lords Commissioners for their great Pains and Care bestowed in the Treaty between Vs and the Scots and particular Thanks was given to the Earl of Bristol for his Service done to this Kingdom therein The Bill for taking away of all manner of Purveyance was read the first time The Commons then sent to desire a present Conference with the Lords about the King 's putting off his intended Journey into Scotland for 14 dayes longer At which Mr. Hollis delivered the Reasons of the Commons Desire in that particular in this manner My Lords I Am Commanded to put you in mind what hath passed upon this occasion before Reasons for the Kings deferring his Journey for 14 days at a Conference August 7. 1641. concerning the Kings Journey to Scotland That both Houses did Petition his Majesty not to begin his Journey till the Tenth of August and to acquaint the Scots Commissioners therewith who afterwards desired this House to express their Resolutions in the affirmative upon which the House of Commons passed a Resolution That then if his Majesty pleased to go they would submit unto it I am Commanded to declare unto your Lordships That the House of Commons is desirous to submit unto his Majesties good Pleasure in all things but such is the present condition of this business as it now standeth that they are enforced to present some further Considerations to your Lordships First That when they gave this Assent they were in hope both Armies would have been Disbanded by that time but though there hath been all possible means used to that end yet it could not be effected so the same Inconvenience doth still continue Secondly The Treaty cannot in so short a time be finished being returned from Scotland but three dayes since but since it is ready to be finished and Moneys are provided the Armies will be Disbanded by that time we desire his Majesty to take his Journey Thirdly The Distempers and Joalousies of the Kingdome are such that they cannot be composed by passing some Acts unless his Majesty stay the desired time Fourthly No course is yet taken for the Government of the Kingdom in his Majesties absence there being so many Weighty Things to be taken into Consideration Upon these Reasons the House of Commons have thought fit to move your Lordships to joyn with Us in a Petition to his Majesty to stay his Journey for 14 dayes longer and we make no doubt but our Brethren in Scotland will consider the Streight we are in and for our Safety condescend to our Desires And if his Majesty yield thereunto then we shall desire your Lordships to joyn with us by some express Messenger to the Parliament in Scotland for the King's stay for that time which we hope will give them Satisfaction After which Mr. Hollis reported the Conference from the Lords That the Lord Say told them They had taken into Consideration the Desires of this House and that the Lords would joyn with this House to Petition his Majesty to be pleased to stay yet 14 days if it may stand with the Ingagement he has made to that Kingdom however that he may stay till Tuesday Night 6. of the Clock which they are sure will stand with his Ingagement but they conclude nothing in this matter till they had first heard from this House This was not at all Satisfactory to the Commons who thereupon put it to the Vote it was Resolved c. That this House shall insist upon the former Desire for his Majesties stay for 14 dayes But while they were in this Debate and Messages went to and fro between the Two Houses the King came to the House of Lords and the Gentleman Usher of the Black Rod was sent to give the Commons notice of the King 's being there in order to the passing several Bills The Publique Bills were Bills passed by the King 1. An Act against divers Incroachments and Oppressions in the Stannery Court 2. An Act for securing Money to the Northern Counties c. 3. An
Mr. D'avenant was before Col. Goring went to Portsmouth Whensoever Sir John Suckling spake with him concerning any particular Intimations to the Army though Mr. D'avenant was then present he whispered yet he spake some Generals openly That the French would assist That the Clergy would maintain 1000 Horse That part of the Commons House was much distasted with the Letter that came from the Army The only Proposition was to know their Inclinations for their accepting Col. Goring for their Lieutenant General Mr. Wilmot Mr. Ashburnham and Mr. Pollard told him That the House of Commons had real Intentions towards the Army and that they should have Martial Law if it would stand with the Conveniency of the Common-wealth and this they spake with much Earnestness Sergeant Major Willis told him upon the Way That the Clergy would furnish a Thousand Horse Saturday August 14. A Letter was Ordered to be sent to the Lord General about the Affairs of the Army which was as followeth May it Please your Excellency Letter to L. General from the Lords about the Scots marching by Barwick THe Treaty of Pacification between the Two Kingdoms of England and Scotland being come to a Happy and Peaceable Conclusion and a Day prefixed for the Scottish Army to March over the Tweed for the more Expedition thereof the Scottish Commissioners have made their Request to the Parliament that they might be permitted to pass with their Army Munition and Artillery over Barwick Bridge To which desire both Houses of Parliament have consented to be in such sort as shall be agreed and settled there by the General and Governor of Barwick Wherefore the Lords have commanded me to recommend the Manner and Way thereof to your Excellency's Care and Judgment not doubting but your Excellency will give such Directions to the Governor of Barwick both for the number of Soldiers that shall March in a Company together as also how to preserve his Majesties Ordinance and Munitions there and secure the safety of the said Town And so I humbly remain Your Excellency's Servant to Command John Banks Speaker of the Lords House A Complaint having Yesterday been made by the House of Commons that the Capuchin Friers in Denmark House Capuchin Friers at Denmark House to keep in were very active in Preverting the Kings Subjects from the True Religion the Earl of Dorset was Ordered to attend the Queen and move her Majesty from this House in it and humbly to desire her Majesty That the said Friers may be kept in and not suffered to go abroad to pervert the People and draw them to be reconciled to the Church of Rome And further That the Earl of Dorset do send for the Chief of the Capauhins and give him warning that he obey this Command Upon reading the Petitions of the Lord Major of London Order about L. Major and Citizens for a Reference and the six Persons chosen by the Commonalty of the said City It is Ordered That both sides shall give Copies to each other of their Petitions and attend the Lords Committees appointed to compose the Differences between them on Munday next in the Afternoon at Two of the Clock in the Painted Chamber A Message was brought from the House of Commons by Mr. Message that a convenient number of Lords may stay in Town Hotham to desire That a convenient number of Lords may be kept together in this House until the Armies be disbanded and the necessary Defence of the Kingdom settled The Answer hereunto was That their Lordships will take Care as is desired WHereas this House hath been Informed That Thomas Bushell Esq Undertaker of His Majesties Mines Royal in the County of Cardigan by his great Charge and Industry in cutting Additts hath gained His Majesties old drowned and forsaken Works of Talabant The Order of the House of Lords about Mines Royal in Wales Aug. 14. 1641. and other Works and made new Discoveries of Royal Mines there which are already very Considerable And whereas divers Persons of Quality encouraged by His Majesties Letters to them directed do intend to adventure great Summs of Money in the said Work which in time if well incouraged may prove of great consequence both for Honor and Profit to His Majesty and this Kingdom And whereas also it appeareth unto this House by divers Affidavits and Certificates of Credit that some Persons ill affected to these Honourable and Publick Services who in time may receive deserved Punishment have disturbed the possession of the said Thomas Bushell in some of His Majesties Mines Royal and Edifices appertaining to the Royal Work and have plucked up divers Pumps cast in the Rubbish and drowned and so much as in them did lie destroyed the said Works so as it hath been a labour of 4 Years Night and Day to recover the same and that the said Thomas Bushell hath been disturbed in the getting of Turf and Peate for the Service of His Majesties Works being an invention of his own very commendable and commodious for the preserving of Wood which hath been heretofore by the former Undertakers much wasted in those Parts Now for the Remedy of such mischiefs and that the said Thomas Bushell and his Assigns and such Persons as are or shall be Undertakers and Adventurers with him in the said Service may receive a due encouragement and assistance in these chargeable Undertakings It is Ordered by the Lords in the upper House of Parliament now Assembled That the Speaker of this House in the Name and by the Authority of the same shall direct his Letters unto the Judges of Assizes and Justices of the Peace of the said County of Cardigan requiring them that they do in all Lawful things endeavour to advance and encourage the said Service in His Majesties Royal Mines and assist the said Thomas Bushell and other Undertakers in all things so far as Lawfully they may for the continuance of his Lawful Possession and the quiet and peaceable Working of the said Mines until he shall be ejected by due Course of Law as also for getting and working of Turf or Peate according to his Legal Right upon His Majesties Wasts and other places Lawful and all other Lawful accommodations of necessary passages and other Legal things which may any ways advance His Majesties Service in the said Royal Mines Commissioners to attend the King in Scotland It was this day Ordered by the Commons That two Members only of this House shall go Commissioners into Scotland with the Earl of Bedford and Mr. Hambden and Sir Philip Stapleton to be the Persons A Committee was also appointed to draw Instructions for them Petition against the Minister of St. Ann's Aldersgate A Petition was read against the Minister of St. Anns Church near Aldersgate for speaking Words against the Parliament for so they called the House of Commons saying It would not last alwayes but they would hereafter be questioned for some things they have done
to give your Lordship many thanks not only for your great care daily exprest of the Army but for your no less vigilancy over the present distracted Estate of this Kingdom particularly for the account given by your Excellency to my Lord Chamberlain of the doubts conceived by your Lordship concerning it and we hope that if the causes of those doubts shall increase that your Excellency will likewise increase both your Vigilancy to discover and your Industry to inform us of all such proceedings as may concern us to be made acquainted with for the Publick Good I am likewise to acquaint your Excellency That to prevent all inconveniencies and dangers that may happen of which we find your Lordship to have already so quick and just a Sence both Houses have joyned to secure Hull as a place of great Importance especially by reason of the Magazine and upon which ill affected Persons may most readily have some design and in pursuance of that Resolution your Lordship will receive Orders from the House of Commons and I am to deliver your Lordship those of the House of Peers That your Lordship command the Major of Hull in the name of both Houses to use all possible care to secure the Town committed to his charge and not to suffer the Arms and Amunition in that Magazine to be disposed of without the Orders of both Houses I shall trouble your Lordship no further but only to desire your Excellency to continue your speed of Disbanding of the Army in the method already Ordered which till it be effected as we are confident it will be so soon as your Lordship can bring it to pass I am commanded to make a part of every Letter which I shall direct to your Excellency Your Excellencies Humble Servant Edward Littleton The time for the 13 Bishops to put in their Answer The Lords fell upon the Debate at what time the Bishops should put in their Answer and iâ— was Ordered That the Lords the Bishops that are Impeached by the House of Commons are to make their Answers thereunto on Thursday come Month being the 16th day of September nexi It was this day Ordered by the Commons 3000 l. Ordered for the Garrison of Portsmouth That Three Thousand Pound shall be paid by the Sheriff of Hampshire out of the Poll-Money to Colonel Goring for the Garrison of Portsmouth The Committee then reported the Case about the Pattent for Soap Monoply of Soap voted Illegal upon which it was Resolved c. That the Patent Indenture Decree and Process in the Star-Chamber about Soap-Boilers is Illegal The Commons having desired a Conference with the Lords Wednesday August 18. Report about putting the Kingdom into a Posture of Defence about putting the Kingdom into a Posture of Defence Mr. Hollis Reports that Conference The Lord Chamberlain told us his Majesty before his going had declared That he would appoint a General for the South Side of Trent and that his Majesty was pleased to nominate him and that since his Majesties going a Commission had been delivered unto him under the Great Seal He apprehended this too great a Burden and knew not what Exception had been taken to the Proceedings of the Lord Lieutenants and Deputy Lieutenants That by this Commission in case of Tumults and Commotions he is to raise Forces and Men for the securing the Person of the Queen the Prince and the rest of the Royal Family He offered these Difficulties That when these Forces were raised he knew not how to levy Money for the Payment of them and besides he is to take a Care if there were an Invasion from Abroad for which he was ill prepared having no Intelligence or Correspondency from Ambassadors Abroad or from the Fleet and so concluded with a desire of Advice from this House Orders concerning the Bishops to prepare for their Answer In order to their Preparation for giving in their Answer It was this day Ordered by the House of Lords That the Bishop of Rochester with one other of the Bishops may have free Access twice unto the Lord Archbishop of Canterbury to speak with him concerning their Answer to the Impeachment brought up against them from the House of Commons for making a Book of Canons c. and they are to speak with the said Archbishop of Canterbury about no other Business It was also Ordered That the Lords the Bishops may Access unto and have Copies of all such Acts and Records as are in any of his Majesties Courts of Justice and Publick Offices which may make for their Defence or Answers to the Impeachments brought against them from the House of Commons Upon what Ground Information or Suspicion it does not appear but it was this day Ordered That Mr. Justice Heyward shall have Power by virtue of this Order Order to search under the Parliament Houses to search before the next Meeting of Parliament at Roseby's House the Tavern and such other Houses and Vaults or Cellars as are under the Vpper House of Parliament that there be no Powder Arms or any other Ammunition as may endanger the Safety of the Houses of Parliament and hereof Account is to be given to this House The Lord Viscount Say and Seal reported the Conferences Yesterday with the House of Commons touching disarming Popish Recusants THat because divers former directions have been frustrated The Result of the Conserence about Disarming Recusants Aug. 18 1641. the House of Commons holds it necessary to add some extraordinary courses at this time for the disarming of Papists there being more then extraordinary cause of danger for effecting whereof It is propounded and desired That Commissioners or Committees may be forthwith sent into the Counties of most danger as Yorkshire Lancashire Cheshire Staffordshire Hampshire and Sussex Authorized by Ordinances of Parliament to see the Papists disarmed in those places That these Committees may examin where the defect hath been that former Orders have not been observed especially in Case of such Papists as are in Power and that they may have direction to give the Oath of Allegiance to such as are justly suspected of Popery That the Commons have informed that divers Recusants have been kept from Conviction by Priviledg of Parliament allowed in the Upper House whereupon it was delivered as the clear Opinion of the House of Commons That no Priviledg of Parliament is to be allowed in this Case of Conviction or Disarming of Recusants for which these Reasons are given 1 That no Priviledg is allowable in Case of the Peace betwixt Private Men much more in Case of the Peace of the Kingdom 2 That Priviledg cannot be Pleaded against an Indictment for any thing done out of Parliament because all Indictments are contra pacem Domini Regis 3 Priviledg of Parliament is granted in regard of the Service of the Common-wealth and is not to be used to the danger of the Common-wealth 4 That all Priviledg of Parliament is in the power
Altarwise and place them in some convenient place of the Church or Chancel and to take away the Rails and level the Chancels as heretofore they were before the late Innovations These high Pretences against Innovations Popery and Superstition were the Witchcrafts with which they insensibly drew on the undiscerning People into the most desperate and horrid Sin of Rebellion and amongst the rest of these frightful Crimes with which they blackned the Archbishop and the Clergy this horrible Sin of Innovation was one of the most terrible when the truth is this was so false and far from being an Innovation that whoever has travelled into the Early Regions of Antiquity will both find the Name and Thing of Alter very frequent among the Ecclesiastical Writers and the Holy Fathers of those Ages and that ever since Christianity came from under the Rod of Persecution and that Temples were erected for the Publick Worship of Almighty God they were built after the same Manner and Form with our Churches and the Holy Table was placed at the East end of them and the indeavor of the Archbishop and Regular Clergy to bring in this Piece of Uniformity into the Church of England was so far from being a Novelty or Innovation that the Design of it was to reduce them to this Primitive Custom and Usage of the Primitive Christians so Ancient and Primitive that Nicephorus and Socrates in the Ecclesiastical History make mention of two Altars placed in the West end of two Churches which was then accounted a strange Innovation Wednesday Septem 1 and directly contrary to the constant Custom of the Church The House being now shortly to be Adjourned for some time by Reason the Plague begun to encrease several Persons Petitioned the Commons to be admitted to Bail upon which It was Ordered That Alderman Abel Mr. Kilvert Thomas Powlet Diverse Persons Bailed Charles Cotton Edward Watkins Lewis Kirk shall be Bailed the Principals at 1000 l. and the Sureties each 500 l. Bail Ferris also who was in Custody for Breach of Priviledg for Arresting a Servant of one of the Members and the Post-Master of Ware who was committed to the Serjeant at the complaint of Mr. Rushworth Debate about Religion about Post-Horses were Ordered to be Bailed upon reasonable Bail The House also fell upon the Church-work again which was to be Swept with their beesom of Reformation by abolishing Order Decency and Government as Superstition and Innovation to this purpose it was moved that they might consider of what alterations and additions were to be made in the Book of Common-Prayer whereupon Sir John Culpeper stood up and moved that the Book of Common-Prayer might be continued and remain without alteration or addition and that it might be observed and used with all due Reverence throughout the Kingdom Upon which the Question being put whether they should proceed to the farther consideration of this matter the House was divided upon it with the Yeas were 55 with the Noes 60 so it was for the present laid by This was always one great Artifice of the Party That when there was a thin House and any thing was moved which they perceived they should not be able to Carry to get it put off till either the contrary Party being tired with long Sitting were gone out of the House or that they found their own Party strong enough to carry the Vote And this the Reader shall find verified in a few days and that they not only proceeded to Vote but Authoritatively to Enact this their pretended Abolition of Innovations without the consent of either the King or House of Lords The House being very thin many of the Members being gone into the Country by reason of the spreading of the Contagion It was Ordered That lest the House should fall for want of Forty of the Members to be present at the Adjournment that there should at least Sixty meet the next Week to agree about the Recess upon which the House was Adjourned till Monday next Upon hearing the matter concerning the affront put upon the French Ambassador It was this day Ordered by the Lords as follows WHereas it appears by the Certificate of the Justices of Peace and by Proof of Witnesses Viva voce this Day at the Barr The Order about those who assaulted the French Ambassadors House upon full Examination of the business That Christopher Cook John Symons Richard Clarke John Bird Gyles Philips and Roger Gardner were principal Actors in committing of the great Outrage and Assault upon the French Ambassadors House in Lincolns Inn Fields as flinging of Stones and Assaulting the said House to the great molestation and dishonor of the said Ambassador which this House is very tender of It is Ordered that the Delinquents aforesaid shall forthwith stand committed to New Bride-well there to remain until their Masters or some others shall be Sureties for their Good Behaviour and that they appear at the next Sessions for Middlesex furthermore that the aforesaid Offenders shall stand on Pillories on Wednesday next in the morning for an hours space before the said Ambassadors House without being Vailed and shall publickly ask forgiveness upon their Knees of the Ambassador after which they shall be whipped before the said Ambassadors Door and along the Fields and Streets thereabout And Lastly it is Ordered that Mr. Long Mr. Sheppard Mr. Whittaker and Mr. Hooker Justices of the Peace together with the Sheriff of Middlesex who is to put this Order in Execution shall take special Care that there be a sufficient Guard about the Ambassadors House to prevent such Tumults that so the Peace may be kept during the time of the Execution of this Order The Ambassador being acquainted with this Order did by the Lord Chamberlain return his humble Thanks to the House for the same but desired That the Execution of it might be spared Whereupon it was Ordered That the Whipping be spared and that it be signified to the Offenders that it is remitted at the request of the said Ambassador And afterwards upon his request the Sentence was wholly remitted they asking him Pardon upon their Knees and they were released from their Imprisonment The Bishop of Lincoln who had formerly been so great a Favourite of the Commons Monday Septem 6. yet was a Bishop still and therefore upon any little false step contrary to their Sense more liable than another person to fall under their displeasure which happened to be upon this Occasion The Commons it seems had a great mind to try the Extempore Talent of Marshal and Burgess being men of Renown in that way of treating God Almighty and their Auditors with Prayers that were not tied to any Set Form whereby the Spirit was stinted and the Candle of mens Parts put under a bushel as the phrase of the Times went Now my Lord of Lincoln had it seems compiled a set Office as had been Usual upon the like Occasions for the Service of the Day of
better consideration they were returned to submit to the Pleasure of the House I thought it my Duty to make some Privy Councellor acquainted therewith whereupon I went to my Lord Wilmott with them who undertook they should attend the Committee the next Sitting which they did accordingly and in pursuance of the Order and Warrant of the House for the apprehending of them they were both attached by the Sergeant's Deputy so the House may be pleased to send for them and to do therein as they see Cause For the Letters last received out of Scotland from the Committee they speak of something intended to be done there upon the Persons of divers Lords of Scotland and in regard some of the Parties suspected to have a hand in that Design are suspected to be Papists the Committee did conceive it might have Correspondence with the like Party here and therefore Commanded me Yesterday to write to my Lord Mayor of London to place convenient Guards in several places of the City till he received further Directions from the Parliament and the like to the Justices of the Peace for Middlesex Westminster and Southwark and to observe such further Directions as they should receive from the Earl of Essex who in his Majesties Absence is appointed General on this side Trent I forgot to Report one thing That upon Tuesday last was Seven-night the Committee here agreed and so Ordered That the Committee of Scotland should unless they see cause to the contrary return home and lest our Letter might miscarry Commanded me to send an Express Messenger to them and I did so and writ also by the Weekly Post of our Order as also of the Lords Order for their Commissioners to come home The Party I sent who was commended to me for a very honest man should have been there on the Monday following which he Easily might have done if he had been well but on Friday last he was not come to Edinburgh neither could he be heard of in all the Road so that we may justly fear some misfortune is befallen him that he is knocked on the head and his Letters taken from him After this Sir John Berkley was by Order of the House committed Prisoner to the Tower Sir John Berkley and Mr. Daniel Oneal committed and Sergeant-Major Oneal to the Gate-House Then Mr. Pym reports Heads for a Conference with the Lords the Letter from the Committee in Scotland of the 14th of October to be read That there was a design of the like nature in this Kingdom Heads of a Conference about the Conspiracy in Scotland to seduce the King's Army to interrupt the Parliament here and the like design at the same time in Scotland the principal Party in Scotland suspected to be Popishly affected and therefore may have Correspondence with the like Party here That it hath been lately published here that some things were to be done in Scotland before it broke out there and therefore we may suspect some Correspondency here Vpon these Grounds to propose to the Lords that strong Guards be kept in the Cities of Westminster and London Secondly That care may be taken for the future for the defence of the Kingdom The next great step these Men had before them was the Power of the Sword the Command of the Militia of the Kingdom which under the notion of putting the Kingdom into a Posture of Defence they thought by Artifice to have gained from the King and to put out of all Places of Power and Trust those whom they knew to be their Enemies or suspected might oppose their Anti-Monarchical Designs and to fill the Vacancies with those of their own Party for if they could gain this point they assured themselves of Impunity for the future and the easie accomplishment of their great Affairs and therefore they not only laid hold of all occasions which might Countenance this Attempt but found out many Dangers and Imaginary Fears and Jealousies which had no other Foundation but their own Politick Fancies Before we proceed any further in regard Mr. Pym's report of what was done during the Recess is very concise I will give the Reader an account of some passages which I meet with in the Prints which then went abroad by which he may see what effect this Declaration of the House of Commons had upon the Affairs of the Church and how quietly and without Tumultuous disturbances the Godly Party did according to the last Clause of the Declaration attend the intended Reformation For at St. Giles's Cripple-Gate the Sectaries and the Orthodox were got almost to Daggers drawing the one about Executing the Order of the House of Commons the other for preserving their Church in its ancient condition with the Rails about the Communion Table But in the End it seems the Church was for that time secured and the Church-Wardens and Parishioners presented a Petition to the Committee that the Rails about the Communion Table might not be taken away setting forth among other Reasons An Innovation of 80 years standing for that they have been placed so near upon Fourscore years and the necessary Use Decency and Convenience of them in the Administration of the Holy Sacrament But notwithstanding this Prescription to their quiet Possession they were by the Committee condemned as an Innovation and the Petitioners were referred to the Order of the whole House upon it and dismissed with a menace to submit unto it or to answer their contempt at their Peril Upon Tuesday the 5th of October a complaint was made against a Church-Warden and some others of the Parish of St. George's in Southwark for some resistance made by them about the Rails taking down which were about the Communion Table and they were ordered to attend the Committee on Friday following for where the Zealous Reformers were not strong enough to execute the Order by Force and Violence Rudeness and Tumult they had ever recourse to the Trade of Informing But where they had strength there they carved out their own satisfaction breaking down the Carved work of the Houses of God with Axes and Hammers and in St. Mary Wool-Church London not content to pull down the Rails they fell upon the East Window which was fairly beautified with Painting of several Histories of the Bible and in the height of their Zeal against Innovations made bold to exceed the Limits of the Commons Declaration utterly defacing and beating it in pieces as they did several other Monuments of Antiquity in that Church Complaint was made again Dr. Heywood of St. Giles's Church for not suffering the Order to be read in his Church upon which he was Ordered to attend upon the Committee upon Saturday following There was likewise a Petition delivered against Mr. Booth Minister of St. Botolphs Aldersgate for not permitting the Rabble of Sectaries to pull down the Rails c. Another Petition was preferred against Dr. Fuller Dean of Ely for opposing the Order about Lecturers the Zealots being desirous to
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
Councel for his necessary Defence in Point of Law which may happen upon the Matter of High Treason of which he is impeached and in Point of Law and Fact upon the Matters of Misdemeanors of which he is Impeached That for the few Daies until the time of his Tryal he may remain in the Custody of the Sheriff of London where he hath remained a true Prisoner for almost three Quarters of a Year in whose House all his Collections and Papers are for his Defence And that he may have your Lordships License to go with a Keeper to Serjeants Inn to look out some Papers which he hath there and shall have Occasion to produce at his Tryal as also there to Confer and Advise with such Councel as your Lordships shall please to admit or Assign unto him And your Petitioner according to his bounden Duty shall allways pray for the continuance of your Lordships Honor and Happiness c. The Names of such Councel as your Petitioner most humbly desires are The Princes Attorney Mr. Recorder of London Mr. Herne Mr. Thorp Mr. Fountain Mr. Bierley Mr. Lightfoot Mr. Brome Subscribed Robert Berkley Before the House resolved of any Answer herein The Bishops withdraw being a mixt Charge the House was Adjourned into a Committee to consider whether the Bishops should not withdraw during the Agitation of this Business it being a mixt Charge of Treason as well as Misdemeanor after a long Debate the House was resumed and it was agreed That the Matter of Treason should be first Ordered at which the Bishops are to withdraw and when the Matter of Misdemanor come into Agitation they are to come into this House again to their Places Hereupon the Bishops withdrew themselves and after a long Debate it was Ordered That Mr. Justice Berkley shall have a Warrant for to bring such Witnesses as he shall have Occasion for to testifie for him at his Trial in Matters of Misdemeanors but not in Matters of Treason Then the Lords the Bishops were called in and the Lord Keeper declaring unto them the Sense of this Order they gave their Consents thereunto And further it was Ordered That the Princes Attorney Mr. Recorder of London Mr. Herne Mr. Bierly Mr. Thorp shall be assigned of Council for Mr. Justice Berkley in Point of Law which may happen upon the Matter of Treason and in Point of Law and Fact upon the Matters of Misdemeanor at his Trial the second of November next And that the said Justice Berkley shall still remain in the Custody of George Clerk Esquire one of the Sheriffs of the City of London where he is now and that he have Liberty to go to Serjeants Inn in Fleet Street one Day when he shall think good with his Keeper to look out some Papers which he hath there and shall have Occasion to use at his Tryal Then Mr. Justice Berkley was called in and the Lord Keeper pronounced the aforesaid Order to him for which he gave their Lordships most humble Thanks Mr. Warwick Reports Five Conge de Estires for new Bishops to be petitioned to be stayed That there were Directions given from his Majesty for the drawing up of Five Conge d' Eslires for the making of Five New Bishops viz. Dr. Prideaux Dr. Brownrick Dr. Holdsworth Dr. Winniff and Doctor King Upon which Mr. Strode moves the House to send up a Message to the Lords to desire them to joyn in Petitioning his Majesty for the staying the making of these new Bishops till the Charge against the other Bishops was dispatched This day Information was given into the House of Lords that since the Act for bounding the Forrest many Riots were committed upon the occasion of killing of Deer pretending they were not within the Bounds of the Forrest and that in Oxfordshire in one of those Fraies a Keeper was killed It was also moved that the Bill for disabling Persons in Holy Orders from exercising Temporal Jurisdiction might not be read at present it having been voted against as to the Substance in a former Bill this Sessions but it was Ordered to be read a second time to morrow Morning peremptorily Mr. Pym Reports the Reasons for Excluding the Thirteen Bishops Wednesday October 27 in Order to the delivering them at a Conference with the Lords and desires that Mr Solicitor may have the mannaging of the Business On the other Side Mr. Solicitor excused himself and desired that Mr. Pym might manage it whereupon it was to end the Contest Ordered That Mr. Pym and Mr. Solicitor should have the mannaging of the whole Business concerning the Bishops and accordingly they did so at a Conference with the Lords upon this Subject The Lord Privy Seal Reported the Conference yesterday with the House of Commons concerning Bishops viz. Mr. Mr. Pym's Speech at the Conference about Excluding the Bishops from Voting in the Case of the 13 Bishops impeached Oct. 27. 1641. Pym declared from the House of Commons That there is nothing of greater importance to the safety and good of the Kingdom then that this High Court of Parliament which is the Fountain of Justice and Government should be kept pure and uncorrupted from Corruption free from Partiality and by-respects this will not only add Lustre and Reputation but Strength and Authority to all our Actions Herein he said your Lordships are specially interessed as you are a Third Estate by Inheritance and Birth-right so the Commons are publickly interessed by Representation of the whole Body of the Commons of this Kingdom whose Lives Fortunes and Liberties are deposited under the Custody and Trust of the Parliament He said The Commons have commanded him and his Colleague Mr. Solicitor General to present to your Lordships two Propositions which they thought very necessary to be observed and put in Execution at this time 1. That the 13 Bishops which stand accused before your Lordships for making the late pretended Canons and Constitutions may be Excluded from their Votes in Parliament 2. That all the Bishops may be suspended from their Votes upon that Bill intituled An Act to disable all Persons in Holy Orders to exercise any Jurisdiction or Authority Temporal The first of these is committed to his Charge and he said he was commanded to support it with three Reasons First That the 13 Bishops have broken that Trust to which every Member of Parliament is obliged which Trust is to maintain 1. The Prerogative of the King 2. The Priviledge of Parliaments 3. The Propriety of the Subject 4. The Peace of the Kingdom And this Trust they have broken not by one Transient Act but by setting up Canons in Nature of Laws to bind the Kingdom for ever That the Canons are of this Nature appears by the Votes of both Houses and that they were all Parties to the making thereof appears by the Acts of that Synod The Book it self the Commons cannot tender to your Lordships because they sent for it but he that hath the Book in Custody
to be restored to his Possession and to hold the same quietly untill he shall be Evicted by Course of Law And we think fit that Mr. Blackston should be left to his Remedy and Course at Law to try his Title to the same Church and for such Wrongs as he supposeth that Mr. Cook hath done unto him And that Mr. Cook be left also to his Remedy and Course in Law for such Wrongs and Damages as he doth Alledg that Mr. Blackston hath done unto him All which we â—â—mbly submit to your Lordships Wisdom 25 October 1641. John Bramston John Bankes Upon this the House Ordered The Order of the Lords upon it That the Possession of the Rectory of West Thorney shall be setled upon the said John Cook according to the aforesaid Certificate and that the Sheriff and Justices of the Peace shall give him Possession and continue him quietly in the same until he shall be evicted by Course of Law and that the rest of the Certificate is hereby fully confirmed and Mr. Blackston left to his Remedy and Course of the Law to try his Title to the same Church A Message was brought from the House of Commons by Mr. The Tryal of Judge Berkley put off Perpoint to let their Lordships know That by reason many of their Witnesses are in Places remote so as they cannot be ready for the Tryal of Mr. Justice Berkley on the second of November next therefore the Desires of the House of Commons are that their Lordships would be pleased to take the same into Consideration and put the Tryal off for some Longertime whereupon it was Ordered That the Day of Tryal of Mr. Justice Berkley is put off from the Day appointed until this House gives further Order herein and Mr. Justice Berkley is to have speedy Notice hereof In the Commons House it was this day Ordered That the Orders concerning the Soldiers to depart the Town shall be Printed and Published as also the Orders made by the Lord General the Lords also Assenting A Committee was also appointed An Order of Commons to make such as they voted Delinquents Estates forfeifted Debate in the House of Commons concerning the five new Bishops to present the Names of those Persons that are Voted Delinquents by this House to the end the House may present such of their Names as they shall think fit to the Lords whereby their Estates may be lyable for their Offences Then the House fell into Debate concerning the Conge d' Eslires for the making of the five New Bishops and upon the Question the House was divided with the Yeas were 71 with the Noes 53. Whereupon a Committee was appointed to prepare Heads for a Conference with the Lords to desire them to joyn with this House in a Petition to his Majesty to stay the making of the five Bishops until further Consideration be had by both Houses The Lord Keeper reported the Conference with the Commons touching the Safety of the Kingdom and the Security of the Princes Person to this Effect Saturday October 30. Report of the Conference about the Safety of the Kingdom c. That the House of Commons are full of Tenderness of the King's Honor Duty to the King's Person and his Posterity It was said that it was not News now a-Days to hear of dangerous Designs they having newly discovered some more therefore the House of Commons have Reason to look into every Corner whence Danger may come And upon Information the House of Commons understands that of late the Prince hath been much from his own House at Oatlands out of the Custody of his Governor they do not doubt of the Motherly Affection and Care of the Queen towards him but there are dangerous Persons at Oatands Priests and Jesuits as hath of late appeared by some Examinations taken and some of them are sent for by the House of Commons Vpon these Reasons the House of Commons desires That a Message be sent to the Lord Marquiss of Hertford from both Houses of Parliament That he should forthwith take the Prince into his Custody and Charge and attend upon him in Person and desire that the Prince may make his Ordinary Abode and Residence at his own House at Richmond and that his Lordship will place such Persons about him as he will be answerable for to both Houses Whereupon it was Resolved To send the Lord Chamberlain to the Lord Marquiss of Hertford and the Earl of Holland to acquaint the Queen herewith and to present Her Majesty the Reasons of it In the House of Commons Mr. King reports the Case of the Soap Business Votes about the Soap Business in the H. of Commons Whereupon it was Resolved upon the Question That all those who made the Decree in the Star-Chamber are Delinquents Resolved c. That the Proclamation dated 26. Januarii 1633. made in pursuance of the Decree of Star-Chamber of the 23 of August 1633. for regulating the Trade of Soapers and two other Proclamations the one dated 13 July 1634. and the other dated the 25 January 1634 concerning Soapers are illegal and tend to the Subversion of the Laws of this Realm and are against the Liberty of the Subject Resolved c. That the Orders of the Council-Board of 29th of September 1634. of the 24 of November 1634. of the 29th of July 1635. concerning the Soapers and of the 18 of December 1636. for a Commission to Sir John Hales Knight and John How Esquire and the Dormant Warrant of the One and Thirtieth of December 1636. to such of the Soapers of Westminster were Illegal and against the Liberty of the Subject Resolved c. That all who Signed the Warrants were Delinquents Resolved c. That the restraining of the Subjects Persons the Examination of them upon Oath against themselves the imposing of Fines upon them and the Sharing of those Fines by Colour of the Order of the Council-Table dated the 10 of December 1636. and a pretended Commission directed unto Sir John Hales Knight and John How Esquire are Illegal month November 1641. and a Grievance to the Subject and the same were put in Execution by the said Sir John Hales John How and Corporation of Soapers of Westminster and their Officers and they for the doing thereof are Delinquents and ought to make amends to the Parties damnified thereby Resolved c. That the Matter agreed upon by the Indentures of Covenants dated the 12th of April 1636. made between the King and Sir Henry Compton and the rest of the Soapers of Westminster are Illegal and a great Grievance to the Subject and of dangerous Consequence in the Execution Resolved c. That these several Parties viz. That were Covenanters with the King by the Indenture of Covenant dated the 12th of April 1636. are Delinquents and ought to make Amends to the Common-Wealth and to all such as after these Covenants entred into were restrained the Vse of their Trades of making Soap or sustaining
that Night and left not a Man in or about his House but he hath dispatched in several Ways and he hath sent me this Way to Tirlagh Oge Mac Hugh and others also with Letters charging them to be with his Lordship this Night at his House Of which Passage I would have given your Honors sooner Notice but that I deemed it fit to be silent in Expectation that a little time would produce some better Ground to afford me more Matter to acquaint your Honors withal Whereupon this Day I understood by one Hugh Mac-Guire that the said Tirlagh Oge Mac Hugh Con-Connaght Mac-Shane Mac Enabb Mac Guire and Oghie O Hosey reported themselves to have been appointed Captains by his Lordship to raise Men and that he had the Nomination of seven other Captains to do the like for to serve under the King of Spain in Portugal and that one of the said Captains namely the said Con-Connaght entertained twelve Men. What Authority or Commission there is for this is not here known but it makes some of us that are of the British to stand in many Doubts and Opinions concerning the same and the rather for that those three Men so named to be Captains are broken Men in their Estates and Fortunes two of them being his Lordships near Kinsmen and that if any Evil be intended they are conceived to be as apt Men to imbrace and help therein as any of their Degrees in this Country These Matters seem the more strange unto me for that they are so privately carried and that upon Friday last I heard Sir Frederick Hamilton say That the Colonels that at my last being in Dublin were raising of their Men to go for Spain were since stayed by Command out of England I have now therefore sent this Bearer purposely by these to make known to your Lordships what I have heard in this Business which I humbly leave unto your Honors Consideration and desiring to know your Pleasures herein with remembrance of my most humble Service unto your Lordships I will end these and be ever Eniskillin 11th of October 1641. Your Lordships in all Duty to be commanded Wil. Cole Superscribed To the Right Honorable his Majesties Lords Justices for the Kingdom of Ireland These hast Present The Examination of Owen Connelly Gent. taken before Vs whose Names Ensue the 22d of October 1641. WHo being truly Sworn and Examined saith The Deposition of Owen Connelly about the Irish Rebellion That being at Monnimore in the County of London-Derry on Tuesday last he received a Letter from Colonel Hugh Oge Mac-Mahon desiring him to come to him to Connogh in the County of Monoghan and to be with him on Wednesday or Thursday last Whereupon he this Examinat came to Connogh on Wednesday at Night last and finding the said Hugh come to Dublin followed him hither He came hither about Six of the Clock this Evening and forthwith went to the Lodging of the said Hugh to the House near the Boot in Oxmantown and there he found the said Hugh and came with the said Hugh into the Town near the Pillory to the Lodging of the Lord Mac-guire where they found not the Lord within and there they drank a Cup of Beer and then went back again to the said Hugh his Lodging He saith That at the said Mac-guires Lodging the said Hugh told him That there were and would be this Night great Numbers of Noblemen and Gentlemen of the Irish and Papists from all the Parts of the Kingdom in this Town who with himself had determined to take the Castle of Dublin and possess themselves of all his Majesties Ammunition there to morrow Morning being Saturday and that they intended first to batter the Chimneys of the Town and if the City would not yield then to Batter down the Houses and so to cut off all the Protestants that would not joyn with them He saith further That the said Hugh then told him That the Irish had prepared Men in all the Parts of the Kingdom to destroy all the English Inhabitants there to Morrow Morning by Ten of the Clock and that in all the Sea-Ports and other Towns of the Kingdom all the Protestants should be Killed this Night and that all the Posts that could be could not prevent it And further saith That he moved the said Hugh to forbear the Executing of that Business and to discover it to the State for the saving of his own Estate who said That he could not help it but said That they did ow their due Allegiance to the King and would pay him all his Rights but that they did this for the Tyrannical Government that was over them and to imitate Scotland who got a Priviledg by that Course And he saith further That when he was with the said Hugh in his Lodging the second time the said Hugh swore that he should not go out of his Lodging that Night but told him That he should go with him the next Morning to the Castle and said if that Matter were discovered some-body should dye for it Whereupon this Examinat feigned some Necessity for his Easement and went down out of the Chamber and left his Sword in Pawn and the said Hugh sent his Man down with him and when this Examinat came down into the Yard finding an Opportunity he this Examinat leaped over a Wall and two Pales and so came to the Lord Justice Parsons William Parsons Tho. Rotherham Robert Meredith Owen O Connelly The Examination of Hugh Oge Mac-Mahon of Connagh in the County of Monoghan Esquire Aged 35 Years or thereabouts taken before the Right Honourable the Lords Justices and Council THE said Examinat saith Mac. Mabon's Examination and Confession about the Irish Rebellion That he thinks there will be Trouble this Day throughout all the Kingdom of Ireland and that all the Fortifications of Ireland will be taken this day as he thinks And he saith That he thinks that it is so far gone by this time that Ireland cannot help it he saith he was told this by Captain Bryan O Neal he saith That Captain Bryan O Neal and Captain Hugh Burne were designed for the Surprizing of the Castle of Dublin and that if this Examinat were one for Surprizing the Castle of Dublin those Captains were principal therein He saith The place of meeting was to be at the Examinat's Lodging He saith That Twenty Prime Men of every County in Ireland were to be at Dublin this last Night concerning this matter and that they were to consult of it this morning at the Examinat's Lodging their Weapons were to be Swords and Skenes and that the Captains that were raising Men in the Irish Countries were they that should bring men hither to second the Business He saith When they had Dublin they made sure of the rest and Expected to be furnished with more Arms at Dublin He said I am now in your hands Use me as you will I am sure I shall be shortly revenged
annum Pension untill Provision be made of Inheritance of a greater Value and to be recommended to the Lord Lieutenant of Ireland for some Preferment there A Message was then carried up from the House of Commons by Sir John Clotworthy Knight to desire a present Conference by a Committee of both Houses if it may stand with their Lordships Convenience touching the Troubles in Ireland and the Security of this Kingdom To which the Lords immediately consented and the Lord Keeper was Ordered to Report the Conference which he did to this Effect Mr. Report of the Conference about the troubles in Ireland Nov. 1. 1641. Pym said he was Commanded by the House of Commons to desire their Lordships to let the Earl of Leicester Lord Lieutenant of Ireland know That they take his Diligent and Timely acquainting the Parliament with his Intelligence concerning the Rebellion and Treason in Ireland very well for which he was Commanded to give his Lordship Thanks from the House of Commons for his good Service done therein to the King and Kingdome He said He was further to Acquaint their Lordships with some Resolutions which the House of Commons have made concerning the Affairs and the Securing of this Kingdom To which purpose they Resolved That 50000 l. shall be forthwith provided and they desire that a Select Committee of the Members of both Houses may be appointed to go to the City of London and to make a Declaration unto them of the State of the Business in Ireland and to acquaint them That it will be an Acceptable Service to the Commonwealth to Lend Money and that the Committees propose to the City the Loan of 50000 l and to assure them That they shall be Secured both for the Principal and Interest by Act of Parliament 2. That the House of Commons desires That a Select Committee of both Houses may be appointed to consider of the Affairs of Ireland and of the raising and sending of Men and Ammunition from hence into Ireland and of the Repair of the Lord Lieutenant of Ireland thither and of a Declaration of both Houses of Parliament to be sent into Ireland and that Committee to have power from time to time to open Pacquets sent into Ireland or from Ireland 3. For a Reward for Owen Connelly ut supra in the Vote 4. That a Committee of Lords may be nominated to take the further Examination of Owen Connelly upon Oath upon such Interrogatories as shall be Offered by a Committee of the House of Commons and in the presence of that Committee 5. That the Custody of the Isle of Wight for the present may be sequestred into another hand 6. That the Persons of Papists of Quality in the several Counties where they reside may be secured and such English Papists as within one Year last past have removed themselves into Ireland Except the Earl of St. Albanes and such other Persons as have their Ancient Estates and Habitations there may by Proclamation be Commanded to return hither within one Month after the Proclamation there made or otherwise some Course to be taken by Act of Parliament for Confiscation of their Estates The Lords taking these Propositions into Consideration severally The Lords Answers to the Commons Propositions concerning Ireland c. Resolved as followeth 1. To the First It was Agreed That a Select Committee of Lords should joyn with a proportionable Number of the Commons to go to the City of London to Borrow 50000 l. for the Irish Affairs and the Lord Privy Seal Lord Admiral Earl of Warwick Earl of Bristol Lord Bishop of Winton Lord Bishop of Lincoln Lord Bishop of Glocester c. were named and Ordered to go to Morrow at 4 a Clock in the Afternoon 2. To the Second It was Agreed and the same Committee appointed this Day for Opening of Letters were Ordered to seâ—â—e for this matter 3. To the Third concerning a Reward to be given to Owen Connelly Agreed to 4. To the Fourth Agreed that the same Committee for opening Letters shall Examine Connelly with this Liberty That any Peer may be present unless he be forbidden by this House 5. The Fifth Proposition concerning the Isle of Wight laid aside for the present 6. Concerning the 6th Proposition It is agreed That such as are Convicted Recusants shall be secured according as the Law hath appointed for such as are not convicted Recusants it is referred to the Select Committee of both Houses to consider what Course is fit to be taken to secure their persons in those Cases where the Law is defective Concerning the Proclamation the Lords think fit That the Minutes or Draught of a Proclamation be sent to the King in Scotland that so he may from thence send his Warrants and Directions for issuing out a Proclamation to that Purpose in Ireland After which the Lord Keeper by Command gave Thanks in the Name of the House to the Earl of Leicester Lord Lieutenant of Ireland as before Mr. Pym had done in the Name of the Commons And he was further desired speedily to write to the King and acquaint him with the Affairs of Ireland and the Danger that Kingdom is now in and to let His Majesty know What Course the Parliament here hath taken for to give Supply and Aid for the Reducing of the Rebels And also the Lord Lieutenant was commanded to write to the Lords Justices of Ireland and the Council there to let them know That the Parliament hath taken into their Care to send them a Supply of Men and of Money with all convenient speed and are Resolved to give them Assistance in this great Defection wishing them to persist in their Diligence and Care in defending that Kingdom against the Rebels until Succours can be sent them And that they give Intelligence with the first Opportunities how the State of that Kingdom is and how the Rebels behave themselves Before we proceed any further in this Parliamentary Account of these Transactions concerning this dismal Tragedy and Infamous Conspiracy acted by these Irish Papists I think it will be no less than both the Readers Curiosity and the Nature of the Matter obliges me to give a Succinct account of the Occasions Reasons and Grounds of this Horrid Treason and Rebellion leaving the following Series of it to be interwoven with the other Matters which will compose these Historical Collections and this I will endeavour with all the Truth and Impartiality I am capable of according to the best of my Judgment and the Sentiments of such Authorities as having been Actors in or at least Eye and Ear witnesses of the Management of the Affairs of Ireland during this Calamitous Storm or rather Hurricane of that Rebellion wherein whole Rivers of humane Blood were most inhumanely shed and the Fields of that Island formerly for its Renowned Piety called the Island of Saints blushed with so many Carnages as were capable of changing the name into the Island of Devils were it not that the better
in the Margin he calls Richard Belling R. B. a zealous Nuncionist Whereas though it is true that he was imployed by the Supreme Council to Rome and his Negotiation was the occasion of sending the Nuncio over into Ireland yet when he found the Nuncio and that Party to have other Designs then meerly the obtaining Liberty for their Religion as at first they pretended none were more zealous in opposing them then Mr. Belling or in promoting the Peace and submitting the Irish to the King's Authority he was one among others of the supreme Council who disavowed and appealed from the Sentence of Excommunication procured against the Lord Lieutenant and his Adherents as is evident by a Book which he wrote in answer to one published by French the Titular Bishop of Fernes written in Justification of the Rebellion and the aforesaid Excommunication Pag. 5th of the Preface he saith The Cessation was managed by subtile Instruments of State And because these Words are a little Mysterious p. 29th of the said Preface he Explains himself speaking his own Sentiments in the Language of Col. Crafford's Remonstrance where he hath this passage When I first enter'd on this History I propos'd to my self a Series of the Whole but prest with my own Affairs and matter increasing plentifully upon me I held it rational to Sum up the Whole after I had brought it to the Cessation which some * Col. Crafford's Remonstrance pag. 5. had an apprehension was not a less Plot to deliver the Remainder of his Majesties true Subjects into the Rebels hands and to root out the Protestant Religion Observe this passage then what was commenced the 23 of October 1641. But the Articles of that Cessation speak otherwise necessity being the Ground thereof legible in His Majesties Motives to a Cessation the 19th of September 1643. Which afterwards was highly Controverted and in the end so infeebled as the War according to the first intent was after the Long Parliament grasp'd all pursued with vigour and success The Regicides and Irish Papists might have sharper Swords but surely they had not blacker Ink then Dr. Borlase for either he thought that this passage Of some thought the Cessation a greater Plot against the Protestant Interest and Religion then that of the Irish Papists Octob. 23 1641 was either True or else the most malicious Compendium of Scandal that ever the Regicides or Irish Rebels endeavoured to fix upon His Majesty if he thought it false he should without mumbling the matter between the Teeth of so many Parentheses as he does where he seems to contradict it from His Majesties motives and the Articles I say he ought either not to have mentioned it at all or to have given it a lasting brand of Infamy For by this intolerable Reflection the Character of a worse Plot is put upon His Majesty then the execrable Irish Rebellion to betray the Protestants and their Religion since he himself in the 118 121 124 and 132 pages of his History produces His Majesties Letters to the then Marquess now Duke of Ormond and the Lords Justices Borlase and Tichburn expresly commanding the making of that Cessation for one year And I think to fix this upon the King exceeds even the Exit Tyrannus Regum Vltimus of the Rebels And therefore all along his History he makes some body or other still thinking this Cessation a great Plot against the Protestants and extolls the management of the Parliament who were against it after they had grasp'd all for vigorously and successfully prosecuting the War and indeed it is very suspicious that he both thinks and would have others think this Cessation a Real Plot and that he hath a great Kindness for the English Parliament Rebels appears by the Tenderness he expresses for them as in this Place as if they were in good earnest against the Irish Rebels and the King in good Earnest for them so also P. 135. where he hath these sweetning Words And indeed to give the Parliament their due when they had reduc'd the Affairs of England to their own Module the Rebels of Ireland were frequently Chastized and so affectionately pursued that neither Men Money or Courage was wanting to that Service Expressions so kind and tender that one is tempted to believe these were some of the Nameless Worthies he mentions in his Preface Pag. 25. It may be saith he some whose Excellency consists in Detraction will think by this I had a particular Design besides the History to preserve the Memory of * If these Some were not some of the Illustrious Parliament Regicides as Ireton Cromwell c. why does he not Name them some who otherwise in tract of time might be lost in the Common Rubbish and I dare not disown those Conjectures the deserving being to be in Everlasting Remembrance Nor hath it in all Ages and amongst the Worthiest Persons been esteemed Pride but Justice to Erect Memorials and Altars to Meriting Heroes And I think by this Passage he did not intend to put the Greatest Hero and Martyr into his Calender unless it be to Note him Nigro Carbone I shall have Occasion to satisfie the Reader more particularly when I come to the Vxbridge Treaty and the Papers which then passed betwixt the King and the Parliament in the mean time in short this was the true State of the Matter and then let the World judge what Ground Dr. Borlase hath to revive this black Scandal against his late Majesty and his Grace the Duke of Ormond The Reasons for making this Cessation were plainly the miserable Condition which that part of the English Army under the Command of the Marquiss of Ormond was reduced unto because neither he nor the Officers and Soldiers under his Command could be threatned or perswaded to favor the two Houses of Parliament in the War they made against the King whilest the Scotch Army were at the same time plentifully provided for so that those who would not be of their Party had no choice beside the Cessation but to forsake their Allegiance or Starve Besides the Parliament saw evidently That if a Cessation were concluded and a Peace should follow upon it the King would receive considerable Supplies of Men from Ireland which made them to save their own Heads forfeited to Justice so violently Oppose the Cessation thò they pretended other Reasons of Religion and Conscience under which Cloaks they covered the most Impious and daring Villainies which ever the Sun beheld I might produce other Passages but must desire the Readers Excuse for the present till they naturally fall in my Way but I cannot omit one more P. 304. where he hath these very Words And certainly whatsoever conspired to complete so execrable a Design as the Murther of the King nothing contributed more than the Irish deluding his Sacred Majesty so long with their Promises of a Competent Army whereby he relying on them too confidently Assured of their Ability and Power to perform it
hear my Lord Orrery's Account of it in his forementioned Book p. 10 11. where he saith E. of Orrery's Answer to Peter Walsh The Wisest of Men thought the Irish Papists fastned to his Majestie in the Year 1641 by the best of Governments and to the English Protestants by the strictest ties of Interest Friendship Marriage and which is more in their Esteem Gossipping and Fostering to the Publique Peace by their as flourishing so free Condition and to all by those Royal Graces which his Sacred Majesty at that time indulged their Commissioners such as themselves desired 't was but then ask and have Yet all this Honey was turned into Gall for at that very time wherein the King was Exercising such high Acts of Grace to them the Irish Papists plotted and soon after perpetrated the Worst of Rebellion the Worst Extensivè Exulcerating generally and Intensivè breaking forth with more Persidie Barbarism and Cruelty than can be parallel'd in any History The great motive at least in pretence was Religion For whereas Dr. Borlase in his Preface saith It is Evident they never had so free Exercise of their Religion as when the Rebellion began It is Evident that he is mistaken even by the Testimony of the Person of whose Book he saith p. 7th of his Hist Sir John Temple Irish Reb. P. 26.27 in the Margin It was a Piece of that Integrity few can Equal none Exceed who could have informed him that this free Exercise of Religion was only clancular and in private But they evidently saw that the Calumnies cast upon the late King as a Favourer of Popery was one of the principal Engines by which the Factious part of the Parliament of England alienated the affections of all his Majesties English and Scotch Protestant Subjects from him besides the Severities which the Parliament provoked the King upon his peril to inflict upon the Papists in England and Scotland was made Use of by the Popish Clergy to drive them into a Rebellion by insinuating That if the Parliament could bring the King under their Government there was nothing to be Expected but the total suppression of their Religion and the Eradication of their Nation In confirmation whereof it was confidently averr'd to them That a * Sir John Clotworthy Member of Parliament concern'd in Ireland did in the House of Commons declare in a Speech That the Conversion of the Papists in Ireland was only to be Effected by the Bible in one hand and the Sword in the other And I have been told by a Person of Honour and Worth that Mr. Pym gave out That they would not leave a Priest in Ireland Nor could their Committees who were here be ignorant of these Passages or being many of them Papists not communicate it to the Irish Papists Another Encouragement to this Rebellion was the Example of Scotland as appears plainly by Connelly's Deposition who was told by Mac-Mahon that they did this to imitate Scotland who got a Priviledg by that Course And the Confession of the Lord Mac-guire which the Reader shall presently see does not obscurely hint That the Earl of Argyle the Head of the Covenanting Rebellious Scotch Presbyterians was under-hand working the Irish into some Conspiracy against the King probably that his hands being full they might procure better Terms for themselves and divert the Storm of the English Arms which then were impending upon them Nor was the taking off the Earl of Strafford that Great Wise and Valiant Man a little contributing to this Irish Tragedy for besides that it is visible that the Irish Committees who were many of them Papists were highly instrumental in furnishing the English Parliament with matters of Complaint and Accusation against that Noble Lord for which they were mightily at that time thô known Papists caressed by the Earl's Enemies in the Commons House so it is no less Visible that this Design of theirs though it had been long contriving advanced more in half a Year after his Vigilant Eye was taken off their Actions and his Hand from the Reins of the Government then it had in all the time before as will plainly appear by Mac-guire's Confession And in Confirmation of this I think it a Debt due to the Illustrious Memory of that Great Man the Earl of Strafford whom I cannot name without and Pity Wonder to insert part of a Letter of his to his Dear and Intimate Friend Mr. Wandesford then Master of the Rolls and one of the Lords Justices in 1636 wherein he acquaints him with the account which he had given in to the King and Council of the state of Affairs in Ireland which he doth in these Words I Informed them That the Army was well Clad reasonably well Armed The State of the Army in the Earl of Strafford's Time 1636. but should be better well Exercised and well Paid which they had never been before That I had visited the whole Army seen every single man my self as well in his own person as in his Exercising where other Generals that had continued that Charge longer then my self had not taken a view so much as of one Company that in the Removes and Marches of the Army they pay'd justly for what they took and passed along with Civility and Modesty as other Subjects without Burden to the Country through which they went whereas formerly they took the Victuals and paid nothing for it as if it had been in an Enemies Country whence it was that the Soldier was now welcom in every place where before they were in abomination to the Inhabitants That by this means the Army in true account might be said to be double the Strength as it had been That this was so apprehended by the ill-disposed as there is neither Courage nor Hope left for opposition the good Subjects secured the bad kept in humility and fear by it That they were worthy of the Kings Entertainment and when they shall be seen will appear with a Company of gallant Gentlemen their Officers fit to serve a Great and Wise King whereas not much of this before but rather quite the Contrary That for my self I had a dead Stock in Horses Furniture and Arms for my Troop that stood me in 6000 l that so I was in readiness upon an hours warning to march nor did I this out of Vanity but really in regard I did conceive it became me not to represent so great a Monarch as his Majesty meanly in the sight of that People and that it was of mighty Reputation to the Service of the Crown when they saw me in such a Posture that I was upon an hours Warning able to put my self on Horseback and that the Soldiers should see I would not Exact so much duty from any private Captain as I did impose upon my self being their General Lastly it was my humble Advice That the Army as of absolute Necessity to the Government was rather to be reinforced then at all diminished as being an
Excellent Minister and Assistant in the Execution of the Kings Writs the great Peace-maker betwixt the Brittish and Natives betwixt the Protestant and the Papist and the chief Securer under God and his Majesty of the Future and Past Plantations His Lordship also moved That he might be permitted to keep a constant Fund of 20000 l. in the Exchequer in Ireland to be ready upon all occasions And certainly had he continued his Life and this Well-laid Way of Managing the spirits of some of the Old Irish Especially there is all the probability that humane affairs can afford that the Irish had not made themselves so miserable a Nation as by that Barbarous Rebellion they did and that the English Rebellion which was wonderfully influenced by it either had not been at all or had never arrived to those accursed Successes and Period for at least he would have kept the Scots imployed at home if he had not assisted the King with Men here in England against the Rebels But to proceed what ever Fucus of Religion these as well as the English Rebels afterwards might make Use of to paint the Jezabel of Treason there was a Desire of shaking off the Government and Dependency upon the Crown of England at least in some of the Irish as will plainly appear in their Ensuing Actions and what ever the other Motives and Occasions of this Defection were undoubtedly the English Rebellion which followed this so closely at the heels disabled the King from having the Power as he had the Will to have hazarded his Royal Person to suppress it in its Infancy by reason whereof it came to be of so long Continuance and Ireland to drink so deeply of the Calamities which attended this Dreadful Rebellion There were several other Concomitant Actions even of the Governing part of the Nation who were many of them Parliamentarians in Heart and afterwards violently so in their Actions which did increase and heighten the despair of the Irish and I have seen some Minutes of the Council-Board which aver That Sir Charles Coot said That when Sir Luke Fitz-Gerald misdemean'd himself before the Board by incivil Words toward a Member of the Board he let him have the line and would not reprehend him in hope he would go into Rebellion for he saw he would do so and that the more that were in Rebellion it was the Better And certainly there were some unjustifiable Severities Used by the Lords Justices and Council as prohibiting the Irish to come to Dublin upon pain of Death by Three successive Proclamations and afterwards burning their Houses c. for giving Entertainment to the Army of the Rebels one of the two being unavoidable their making Prisoners and Indicting such of them as came in and submitted to the Marquess of Ormond in hopes of kind Usage notwithstanding his Intercession for them and the advantage they might reasonably Expect such Clemency would be to them in order to reclaiming the more Moderate and such as had complied with the Rebels out of pure Necessity of which ill Treatment I shall produce one of their Letters to the Marquess of Ormond with an Express Command from the Lords Justices and Council for his so doing Which Letter was as followeth AFter Our very hearty A Letter from the Lords Justices and Council to E. of Ormond to prosecute the Rebels with Fire and Sword c. Martii 9. 1641. c. We the Lords Justices have received your Lordships Letters of this dayes date which we communicated with the Council and having taken the same into Serious Consideration after deliberate Advisement thereof at this Board We have thought fit to return your Lordship this Answer That calling to mind the Reasons moving this Board to take the Resolution Expressed in our Order dated the 3d. of this Month concerning the present Expedition and considering divers other Weighty Reasons now appearing to us in Council and for that also we have by our last Letters into England as your Lordship knowes made known thither That your Lordship with 3000 Foot and 500 Horse was immediately to March into the Pale to burn spoyl and destroy the Rebels of the Pale without excepting of any And for that the direction we Expected forth of England concerning the Lords of the Pale did not concern this Matter We therefore think fit First That according to that Order of this Board you pass not beyond the River of Boyne but March in such places between the Boyne and the Sea as your Lordship shall think fit Secondly That those that offer to come in ☞ be in no other manner taken in then as Prisoners taken by the Power and Strength of his Majesties Army as in truth it is and if any of them come to the Army that if it may be the Soldiers do seize on them before they have access to your Lordship and that afterwards they be denyed access to your Person Thirdly That no difference be made between the Noblemen that are Rebels and other Rebels but that their Houses and Goods be dealt with as other Rebels are in manner as in our said Order dated the 3d of this Month is Expressed which we now again recommend to your Lordships observation In the last place We render Thanks to your Lordship for your Letters praying your Lordship to be as Frequent as you may in Advertisements to us during your Absence And in case you find the necessity of the Service to require your absence from hence for a longer time then the 8. days mentioned in our Order of the 3d of this Month We are pleased That your Lordship be absent two or three days longer if you find all things concurring therein to the advantage of the Publique Service in case in the interim you receive no direction from us to the contrary And observing no mention in your Letters of having consulted with Sir Richard Greenfield as with other Commanders We pray your Lordship That as there may be occasion you call him to such Consultations And so we bid c. from his Majesties Castle of Dublin the 9th of March 1641. Your Lordships very Loving Friends William Parsons John Borlase R. Dillon J. Temple Charles Coote Th. Rotherham Fr. Willoughby R. Meredith Postscript WHen Your Lordship shall have perused and signed the inclosed We pray you to cause it to be conveyed to Sir Henry Tichburne To our very good Lord James Earl of Ormond c. The Reader will meet with several others of these fierce Commands in the Series of their due time only I could not omit inserting this in this place though a little before its proper time to clear this Point and to vindicate the Reflections of his late Majesty in his Remarques upon this Rebellion as well as his future Actions in displacing some of these fiery Men and putting others of better Temper in their places which it will appear he did with great Justice and Prudence and if he erred in any thing it seems to
Time The Parliament indeed had one sent over from the Lords Justices in Ireland and I find in the Journal of the Lords that it was read in their House but in regard though it had some Scandalous Reflections upon the King as being willing to favour their Religion which in due time we shall prove utterly false and that in this common Calumny they agreed with the English Rebels yet in regard it seemed and that not without great probability to charge the Rebellion upon the Parliament and their present Proceedings and future Intentions the thing was at that time smothered for it is neither Entred in the Journal as usually Papers of that Importance were wont to be nor can I find any Order for the Printing or Publishing of it or for any Answer to take off the Charge of the Rebels against the Parliament Take it however as I find it in Print The Remonstrance of the Rebels in Ireland WHEREAS we the Roman Catholicks of this Kingdom of Ireland The Remonstrance of the Irish Rebels Oct. 23. 1641. have been continual Loving and Faithful Subjects to his Sacred Majesty and notwithstanding the General and Hard Oppressions suffered by Subordinate Governors to the Ruine of our Lives Honors and Estates Yet having some Liberty of Religion from his Majesty out of the Effluence of his Princely Love unto Vs We weighing no Corporal Loss in respect of that great Immunity of the Soul are inviolably resolved to infix our Selves in an immutable and pure Allegiance for ever to his said Royal Majesty and his Successors Now so it is That the Parliament of England Maligning and Envying any Graces received from his Majesty by our Nation and knowing none so desired by us as that of Religion And likewise perceiving his Majesty to be inclining to give us the Liberty of the same drew his Majesties Prerogative out of his Hands thereby largely pretending the General Good of his Majesties Kingdoms But We the said Catholicks and Loyal Subjects to his Majesty do probably find as well by some Acts to pass by them the said Parliament touching our Religion in which the Catholicks of England and Scotland did suffer as also by Threat to send over the Scottish Army with the Sword and Bible in Hand against us that this whole and studied Plot was and is not only to extinguish Religion by which we altogether live Happy but likewise to supplant us and raze the Name of Catholick Irish out of the whole Kingdom And seeing this Surprize so dangerous tending absolutely to the overthrow of the Liberty of our Consciences and Country and also our Gracious King's Power forced from him in which and in whose prudent Care over us our sole Quiet and Comfort consisted and without the which the Fear of our present Ruines did prescribe the Opinion and premonish us to save our Selves We therefore as well to regain his Excellent Majesties said Prerogative being only due to him and his Successors and being the Essence and Life of Monarchy hoping thereby to Confirme a Strong and Invincible Vnity between his Royal and ever happy Love unto us and our faithful Duty and Loyalty to his incomparable Majesty have taken Arms and possessed our Selves of the best and strongest Forts of this Kingdom to enable us to serve his Majesty and defend us from the Tyrannous Resolutions of our Enemies Thus our Consciences as we wish the Peace of the same to our selves and our Posterity is the Pretence and true Cause of our present Rising in Arms by which we are resolved to perfect the Advancement of the Truth and the Safety of our King and Country Thus much we thought in General fitting to publish unto the World to set forth our Innocent and just Cause the particular whereof shall be speedily declared Dated 23 October 1641. We do declare unto God and the World That what we do or have done is for the Maintenance of the Kings and our Religion and for fear these our Doings should be misconstrued We thought good to make known unto the World by this our Declaration and Remonstrance 1 The several private Meetings of Factious and Ill-disposed People unto our Government and Common-Wealth at several Places Plotting and Devising our utter Ruine and the Extirpation of our Religion 2 Several Men imployed by them with Instruments ready drawn for to get Hands thereunto to be preferred to the Parliament of England whereby they would have the Papists as they call them and the Protestant Bishops of the Kingdom whom they joyn with the Papists and hate as they hate the Papists the Bishops to be deposed and the Papists banished or otherwise rooted out of this Kingdom 3 The Government of this Kingdom successively put into the hands of so many Needy and Poor Ministers who for raising of themselves have by scruing Inventions Poll'd the Gentry and Commons of this Kingdom that no Man was secured of any thing he had 4 We saw his Majesty to whom we thought to Address our selves was so oppressed by the Arrogancy of such Faithless and Disloyal Subjects and as it were cut off from all Prerogative that we could not expect any Redress as long as they ruled in his Kingdom as now they do All which we taking into our serious Consideration did fear we should be circumvented on the suddain and for our Security did think fit to arm our Selves for our own Defence and Safety of his Majesty from such wicked Perturbers of all Common-Wealths where they get any Superiority that they will not admit either of the Kings or Bishops as well Witness Germany and for the Places we have taken we will yield them up when his Majesty pleaseth to Command us and takes a Course for Securing of us and the Protestants of this Kingdom who are only his true and obedient Subjects against such Factious and Seditious Puritanes the Disturbers of all States as had brought the like Misery on Queen Elizabeth and King James had they not been by them and their wise Councels prevented which we thought fit to intimate unto the good Subjects that they may the more willingly assist us until we be at better leisure to make our great Grievances known unto his Majesty and he have more power to relieve us And because they nor any others shall have any reason to accuse me with Partiality I here present the Reader with a Narrative which I find Printed in P. W.'s Answer to the Lord Orrery as follows THey therefore meaning the English Nation and the whole World A Narrative of some things done in the beginning of the Rebellion which Irish Papists plead in mitigation of their taking Arms. may be pleased to know That We speaking of the Irish are so far from justifying any horrid Actions perpetrated at that time when but a few of any Quality raised a Rebellion in the North as we have and still make it our request That those Crimes and all Massacres and Murthers then or after committed whoever shall be
Parliament was not only thought unnecessary but themselves involved in a general distrust That neither the Parliaments nor the Marquess of Ormond 's offer to suppress the Rebellion would be accepted That the inforced complying of the Nobility and Gentry of the Pale with a powerful Army which was Master of their Lives and Fortunes was imputed to them as a malicious aversion from the English Government That the blood of Innocent Husband-men was drawn and the heads of Men were grown an acceptable Spectacle in Dublin That the Publick Faith was broken and Mens Houses particularly inabled to claim benefit by it pillaged and burnt That all ways were obstructed by which they might implore His Majesties Mercy and represent their Conditions That the Favourable Intentions of the Parliament of England and His Majesties Gracious Pardon which was meant should extend to all save such as were guilty of blood was so limited by them as no estated man could receive benefit by it That those who notwithstanding these Restrictions cast themselves freely upon His Majesties mercy were Imprisoned Indicted and some of them Rack't That the Earl of Castlehaven might have found it a Capital Crime to mediate in their behalf if he had not made his Escape after Twenty Weeks Imprisonment That the King 's Sworn Servant was Rack't and his Ministers whose Duty it was to have been Zealous for the honour of their Master endeavoured to asperse it and render him and his Royal Consort odious to his People by striving to Extort from a tortur'd man some Testimony by which they might be accused of raising and Fomenting that Rebellion When these and many other Arguments of this kind which for fear of prolixity are omitted had convinced the Catholiques of Ireland that the Lords Justices and that part of the Council which adhered to them became unfaithful to His Majesty and had designed the Ruine of that Nation and the Extirpation of their Religion that Law which moves the hand by interposing it self to bear off a stroak aimed at the Head Convened an Assembly of these who were exposed to those so eminent dangers in which they modelled a Government in order to their Natural defence obliging themselves by such an Oath to His Majesty his Heirs and Successors as well shewed their affection to the Crown and their unalterable resolutions to maintain His Majesties Rights and to follow his Fortune Between these divided Governments there have been Battels fought Cities and Forts besieged and much Christian Blood spilt which will one day lye at some Mens doors And who those are the Eternal Wisdom best knows and the Reader is left free to determine Thus far the said Narrative Printed and Published at London in the Year 1660 And which I find in P. W's Reply to the * Earl of Orrery Person of Quality's Answer c. Pag. 7. By which it appears That the Lords Justices used some indiscreet as well as unjust Severities which did not a little contribute to the inflaming of the Rebellion but still it was a Rebellion which is a Crime so black and horrid in the sight of God and all good Men that no excuses can Palliate or Extenuate nor any Circumstances of Hardships or Oppressions Injustice or Wrongs can justifie since it is utterly inconsistent with not only all the Rules of Civil Polity but the Divine Rules of Christianity which teaches us not to resist the Powers which are ordained of God under a penalty of Damnation which is a danger and a loss of so vast Extent as that the loss of Liberty Goods and even Life it self which are the utmost we can suffer from unjust Men are but trifles if compared with it and the Method is Extravagant to the very last Degrees of Folly and Madness which applies a Medicine Ten Thousand times worse then the Disease and is such a piece of discretion as for a Man to leap into the Sea to avoid a shower which would wet him to the skin Without all Controversie the Progress and Growth of this Horrid Rebellion as before was observed must be attributed in a great Measure to the Misfortune Untimely Death of that Great Man and Wise Governor the Earl of Strafford For upon his quitting of Ireland the Nation which before seemed to do and really injoyed a most Serene and Quiet Calâ— of Peace began to be over-cast and clouded with Discontents Grievances Fears and Jealousies which notwithstanding all the Power of the Beams of his Majesties Grace and Favour which were so warmly bestowed upon them were so far from being thereby dissipated that they still Encreased until at length those black and sullen clouds discharged themselves in the most dismal Tempest of Fire and Blood that any Age or almost any Nation under Heaven hath beheld And this will most Evidently appear by the Consequences which immediately followed upon the Earl of Strafford's parting with the Rains of that Government Christopher Wendesford Esq Mr. of the Rolls in Ireland made Lord Deputy there April 3. for upon his coming for England Christopher Wendesford Esq Master of the Rolls was the 3d. of April 1640. sworn Lord Deputy He was a Person of great Abilities and one with whom the Earl of Strafford had even from their Early Years contracted an Intimacy and Friendship which Ended not but with their Lives and so great was his Fidelity to this Noble Earl that perceiving the Parliament of Ireland who not long before had sung such Hosanna's to the Earl of Strafford in the Peamble to the Bill of Subsidies now running as fast down the Hill in joyning with his Enemies in England to procure his Ruin and Destruction he Adjourned the Parliament in November following to the 26th of January hoping by that means to prevent the Blow which he saw they were levelling at that Wise and Illustrious Head but notwithstanding all that he could do the Earl's Enemies made a shift before they broke up to frame a Remonstrance against the Earl and though he used his utmost Endeavours to stop the Committee of the Parliament from carrying into Englund yet was he not able to prevent it nor their passage but that all the Ports being open four Lords and 12 Commoners the greatest part of which were Papists passed over into England and Exhibited their Remonstrance and did the Earl all the Ill Offices they were able for which they were then Highly Countenanced and Caressed by the Faction in the English Parliament who together with the Scottish Rebels then at London to finish the Treaty between the Two Kingdoms pursued the Life of that Great Man with the Utmost Vigor and Animosity that Malice and Power would suggest unto them The Names of the Irish Committees were The Nomes of the Irish Committee The Lord Viscount Gormanston Lord Kilmalloc Lord Castiloe L. Baltinglass Of the Commons For Lemster Nich. Plunkett _____ Digby Richard Fitz-Garret Esquire Munster Sir Hardress Waller Sir Donnogh Mac-Carti John Welsh Esquire Conaght Robert Linch Geffry
my Lords the Grave Judicious and Mature Examination and deserved Punishment of these Traiterous Proceedings will speak these times as glorious to Posterity in their Information as they are now Lamented in their Persecution The Blood-Thirsting Sword of an Hostile Enemy by a timely Union and a defensive Preparation may be prevented The thin-rib'd Carcass of an universal Famine may have his Consumption restored by a supply from our Neighbouring Nations The quick spreading Venom of Infectious Pestilence may be prevented by Antidotes and qualified by Physical Remedies But this Catholick Grievance like a Snake in the most verdant Walks for such are the unblemished Laws truly practised stings us to Death when we are most secure and like the King's-Evil can only be cured by his Majesties free and gracious Permission of our Modest and Gentle Proceedings for his Vindication and our Preservation therein concluded Spencer and Gaveston who have left their Names monumentally Odious for the Evil Counsel they fed the King's Ear with yet did possibly Advantage their own Friends while these dart their Envy and Treason for a common Center equally touching the Bounds of every Superficies for as concerning the valid Estates they have Illegally overthrown when the Laws by your Lordships Industry receive their Native Vigor they will re-assume their Confirmation but the Estates happily in themselves Legal that they have in an extrajudicial Form established will haste as speedily to their Dissolution so that Judas-like they betray their best Friends with a Kiss My Lords I cannot find any surviving Chronology of times this Season to be paralell'd with all Circumstances which makes me view the Records amongst the Infernal Spirits to find if match't there I might extenuate their Facts where first they appear like the False Spirit sent into the Mouth of the Prophet to Ahab to speak Delusions to subvert the Host of God The most Vehement and Traiterous encounter of Sathan is lively deciphered in the true example of Job where first I observe the Dismology he overthrows not Job's Magna Charta he disseizes him not of his Inheritance nor disposses him of his Leases but only disrobes him of some part of his Personal Estate when he proceeds to infringe Job's Liberty he doth not Pillory him nor cut off his Ears nor bore him through the Tongue he only Spots him with some Ulcers here Sathan staies when these Persons by their Traiterous Combinations Envy the very Blood that runs unspilt in our Veins and by obtruding bloody Acts damn'd in the last Parliament will give Sathan size ace and the Dice at Irish in inthralling the Lives of the Subjects by their Arbitrary Judicature I would not My Lords be understood to impute to the Judges an infallibility of Error nor in Impeaching these to traduce those whose Candor and Integrity shine with more admired Lustre then their white Furrs who like Trophies of virgin-Virgin-Justice stood fixed and unmov'd in the rapid Torrent of the Times while these like Straws and Chips plai'd in the Streams until they are devolved in the Ocean of their deserved Ruine No My Lords humanum est errare and the Law allows Writs of Error and Arrest of Judgment but where there is crassa ignorantia against their Oath against the Fundamental Elementary and known Laws of the Kingdom Nay My Lords where it is rather Praemeditata Malitia where there is an emulating Policy who should raze and embesel the Records in the Pratick that are for the Tender preservation of our Liberties Estates and Lives seeking only to be glorious in a National Destruction as if their Safety were only involved in our Ruine there I have command to Pitty but not excuse them To kill a Judg Quatenus a Judg is not Treason but to kill a Judg sitting in the Place of Judicature is Treason not for that the Law intends it out of any Malice against the Party but for the Malice against the Law where then can an Intensive or an extensive Malice be exprest or implyed against the Law then the Practical Dialect of these Persons impeach't speaks with a known and crying Accent The Benjamites slang Stones with their left Hands yet they would not miss a Hairs breadth these extrajudicial Proceedings are slung with the left I mean they are Sinistrious and imprint their black and blew Marks more certain and more fatal for that they may say Quae regio in terris nostri non plena laboris Though these things be familiar unto us yet I cannot but admire how this unproportionable Body of Judicature should swell up into such a vast and ulcerous Dimension but why should I considering this excentrick Motion of the Body of the Law had his Birth obscure resembling the Tares that were sowed in the Night time but here is the difference they were sown by the Enemy in the absence of the Master But these are Sown by the Grand-Masters themselves purposely to over-top and choak the expected Harvest Innovations in Law and consequently in Government creep in like Heresies in Religion slyly and slowly pleading in the end a Sawcy and Usurp't Legitimacy by uncontroul'd Prescription My Lords this is the first sitting and I have only chalked out this deformed Body of High Treason I have not drawn it at length lest it might fright you from the further view thereof in Conclusion it is the humble desire of the Commons That the Parties Impeached may be secured in their Persons Sequestred from this House from the Counsel-Table and all Places of Judicature as being Civiliter Mortui that they may put in their Answers to the Articles ready now to be exhibited against them and that all such further Proceedings may be secretly expedited as may be Suitable to Justice and the Precedents of Parliaments so his Majesty may appear in his Triumphant Goodness and Indulgency to his People and his People may be Ravisht in their dutiful and Cheerful Obedience and Loyalty to his Majesty your Lordships may live in Records to Posterity as the instrumental Reformers of those corrupted Times and that the Kingdom and Common-Wealth may pay an amiable Sacrifice in Retribution and acknowledgment of his Majesties multiplied Providence for our Preservation herein Articles of the Knights The Articles of High Treason against Sir Richard Bolton c. Citizens and Burgesses in the Parliament Assembled against Sir Richard Bolton Knight Lord Chancellor of Ireland John Lord Bishop of Dery and Sir Gerard Lowther Knight Lord Chief Justice of his Majesties Court of Common-Pleas and Sir George Radcliffe Knight in maintenance of the Accusation whereby they and every of them stand Charged with High-Treason FIrst That they the said Sir Richard Bolton Knight Lord Chancellor of Ireland John Lord Bishop of Derry Sir Gerard Lowther Knight Lord Chief Justice of his Majesties Court of Comwon-Pleas and Sir George Radcliffe Knight intending the Destruction of the Common-Wealth of this Realm have Traiterously Confederated and Conspired Together to Subvert the Fundamental Laws and Government of
Parliament Assembled not for any Doubt or Ambiguity which may be conceived or thought of for or concerning the Premisses nor of the ensuing Questions But for the manifestation and declaration of the Clear Truth and of the said Laws and Statutes already planted and for many Ages past settled in this Kingdom the said Knights Citizens and Burgesses do therefore pray That the House of the Lords may be pleased to Command the Judges of this Kingdom forthwith to declare in Writing their Resolutions of and unto the ensuing Questions and subscribe to the same Quest 1. WHether the Subjects of this Kingdom be a Free People and to be Governed only by the Common Laws of England and Statutes of Force in this Kingdom 2. Whether the Judges of this Land do take the Oath of Judges And if so Whether under pretext of any Act of State Proclamation Writ Letter or Direction under the Great or Privy Seal or Privy Signet or Letter or other Commandment from the Lord Lieutenant Lord Deputy Justice Justices or other Governor or Governors of this Kingdom they may hinder stay or delay the Suit of any Subject or his Judgment or Execution thereupon If so in what Cases And whether if they do hinder stay or delay such Suit Judgment or Execution thereupon what Punishment did they incur for their deviation or transgression therein 3. Whether the Kings Majesties Privy Council either with the Chief Governor or Governors of this Kingdom or without him or them be a Place of Judicature by the Common Laws and wherein Causes between Party and Party for Debts Trespasses Accompts Possessions or Title of Lands or any of them And which of them may be heard and determined and of what Civil Causes they have Jurisdiction and by what Law And of what Force is their Order or Decree in such Cases or any of them 4. The Like of the Chief Governor alone 5. Whether Grants of Monopolies be warranted by the Law and of what and in what Cases and how and where and by whom are the pretended Transgressors against such Grants punishable and whether by Fine Mutilation of Members Imprisonment Loss and Forfeiture of Goods or otherwise and which of them 6. In what Cases the Lord Lieutenant Lord Deputy or other Chief Governor or Governors of this Kingdom and Council may punish by Fine Imprisonment Mutilation of Members Pillory or otherwise And whether they may Sentence any to such the same or the like punishment for infringing the Commands of or concerning any Proclamation of and concerning Monopolies and what punishment do they incur that Vote for them 7. Of what Force is an Act of State or Proclamation in this Kingdom to bind the Liberties Goods Possessions or Inheritance of the Natives thereof whether or any of them can alter the Common Law or the Infringers of them loose their Goods Chattels or Leases or forfeit the same by Infringing any such Act of State or Proclamation or both And what punishment do the sworn Judges of the Law that are Privy Councellors incur that Vote for such Act and Execution thereof 8. Are the Subjects of this Kingdom subject to the Martial Law And whether any man in time of Peace no Enemy being in the Field with Banners displayed can be Sentenced to death If so by whom and in what Cases If not What Punishments do they incur that in time of Peace execute Martial Law 9. Whether Voluntary Oaths taken freely before Arbitrators for Affirmance or Disaffirmance of any thing or for the true performance of any thing be punishable in the Castle-Chamber or any other Court and why and wherefore 10. Why and by what Law or by what Rule of Policy is it that none is admitted to Reducement of Fines or other Penalties in the Castle-Chamber or Council Table untill he confess the Offence for which he is Censured when as Revera he might be innocent thereof tho suborned Proofs or Circumstances might induce the Censure 11. Whether the Judges of the Kings-Bench or any other Judge of Gaol-Delivery or of any other Court and by what Law do or can deny Copies of Indictment of Felony or Treason to the Parties accused contrary to Law 12. What Power have the Barons of the Court of Exchequer to raise the Respite of Homage arbitrarily to what Rate they please to what Value they may raise it by what Law they may distinguish between the Respit of Homage upon the diversity of the true value of the Fees when as Escuage is the same for great and small Fees and are apportionable by Parliament 13. Whether it be Censurable in the Subjects of this Kingdom to repair into England to appeal to his Majesty for Redress of Injuries or other Lawful Occasions If so why and in what Condition of Persons and by what Law 14. Whether Deans or other Dignitaries of Cathedral Churches be properly and de Mero jure Donative by the King and not Elective or Collative If so Why and by what Law And whether the Confirmation of a Dean de Facto of the Bishops Grant be good or valid in Law or no If not by what Law 15. Whether the issuing of Quo Warranto's out of the Kings-Bench or Exchequer against Boroughs that antiently and recently sent Burgesses to the Parliament to shew Cause why they sent Burgesses to the Parliament be Legal If not what punishment ought to be inflicted upon those that are or have been the Occasioners Procurers and Judges of and in such Quo Warranto's 16. By what Law are Jurors that give Verdict according to their Conscience and are the sole Judges of the Fact Censured in the Castle-Chamber in great Fines and sometime Pillored with loss of Ears and bored through the Tongue and marked sometimes in the Forehead with an Hot Iron and other like Infamous Punishments 17. By what Law are men Censurable in the Castle-Chamber with the Mutilation of Members or any other Brand of Infamy and in what Cases and what punishment in each Case there is due without Respect to the quality of the Person or Persons 18. Whether in the Censure in the Castle-Chamber Regard be to be had to the words of the Great Charter viz. Salvo Contenemento c. 19. Whether if one that steals a Sheep or commits any other Felony and after flyeth the Course of Justice or lyeth in Woods or Mountains upon his keeping be a Traytor If not whether a Proclamation can make him so 20. Whether the Testimony or Evidence of Rebels Traytors Protected Thieves or other infamous Persons be good Evidence in Law to be pressed upon the Tryals of Men for their Lives or whether the Judge or Jurors ought to be Judge of the matter in Fact 21. By what Law are Fairs and Markets to be held in Capite when no other express Tenure is mentioned in his Majesties Letters Patents or Grants of the same Fairs and Markets Altho the Rent or Yearly Sum be reserved thereout 22. Whether it stands with the Integrity of the
Judge to take Four shillings per pound out of all Increases unto his Majesty upon Compositions on defective Titles by avoiding such Patents as the same Judge condemns in an Extrajudicial way This last Question is added by Order of the Lords House Copia Vera Ex. per Phill. Percivall The Answer and Declaration of the Judges unto the Questions Transmitted from the Honourable House of Commons unto the Lords Spiritual and Temporal in Parliament Assembled whereto they desired their Lordships to require the said Judges Answers in Writing forthwith 1. FIrst The Judges Answer to the Queries propounded by the Parliament The said Judges do in all Humbleness desire to represent unto your Lordships the great sense of Grief they apprehend out of their Fear that they are fallen from that good Opinion which they desire to retain with your Lordships and the said House of Commons in that notwithstanding their humble Petition and Reasons to the contrary exhibited in Writing and declared in this most Honourable House your Lordships have Over-ruled and often Commanded their Answers unto the said Questions Although they have informed your Lordships and still with assurance do aver That no Precedent in any Age can be shewn that any Judges before them were Required or Commanded to give Answer in Writing or otherwise unto such general or so many Questions in such a manner in Parliament or elsewhere unless in that time of King Rich. 2. which they humbly conceive is not to be drawn into Example And therefore they yet humbly Supplicate your Lordships so far to tender their Professions and Places and their Relation to his Majesties Service as to take into your serious Considerations the Reasons annex'd unto this their Answers before their Answers be answered or admitted among the Acts of this High Court And that if your Lordships in your Wisdomes shall after think fit to give any Copies of their Answers that for their Justification to the Present and Succeeding Times your Lordships will be pleased to require the Clerk of this most Honourable House That no Copy may be given of the said Answers without the said Reasons 2. Secondly The said Judges humbly desire your Lordships to be pleased to be informed That the words in His Majesties Writ by which they are Commanded to attend in Parliament are That the said Judges shall be present with the Lord Justices or other Chief Governor And your Lordships at the said Parliament called Pro ardus urgentibus Regni negotiis super dictis negotiis tractaturi Confilium suum impensuri And they desire your Lordships to take into your serious Considerations Whether any Advice may be required by your Lordships from them but concerning such particular matters as are in Treaty and Agitation and Judicially depending before your Lordships upon which your Lordships may give a Judgment Order or Sentence to be recorded among the Orders and Acts of this Honourable House And whether they may be Commanded by your Lordships to Subscribe their Hands unto any Opinion or Advice they shall give upon any matter in Debate before your Lordships there And whether your Lordships conceive any final Resolution upon the maâ—ters contained in the said Questions 3. Thirdly Although the said Questions are but 22 in number yet they say That they contain at least Fifty general Questions many of them of several matters and of several natures within the Resolution of which most of the greatest Affairs of this Kingdom both for Church and Common-wealth for late years may be included And therefore the said Judges do openly aforehand profess That if any particular that may have Relation to any of those Questions shall hereafter come Judicially before them and that either upon Argument or Debate which is the Sieve or Fan of Truth or Discovery of any general Inconveniences to King or Common-wealth in Time which is the Mother of Truth or by further Search or Information in any particular they shall see Cause or receive Satisfaction for it they will not be Concluded by any Answers they now give unto any of those general Questions but they will upon better Ground and Reason with their Predecessors the Judges in all Ages with Holy Fathers Councils and Parliaments retract and alter their Opinion according to their Conscience and Knowledge and the Matter and Circumstances of the Cause as it shall appear in Judgment before them it being most certain That no general Case may be so put but a Circumstance in the matter or manner may alter a Resolution concerning the same 4. Fourthly The succeeding Judges and Age notwithstanding any Answer given by the now Judges may be of another Opinion then the now Judges are without disparagement to themselves or the now Judges in regard that many particular Circumstances in many particular Cases may fall out that may alter the Reason of the Law in such Case which could not be included or foreseen in a general Question or Answer thereunto And therefore they desire your Lordships to consider of what use such Answers may be to the present or future Times 5. Fifthly Many of the said Questions as they are propounded as the said Judges humbly conceive do concern His Majesty in a high Degree in his Regal and Prerogative Power in this Government in his Revenue in the Jurisdictions of his Courts in his martial Affairs and in Ministers of State so that the said Judges considering their Oaths and the Duty which by their Places they owe unto His Majesty humbly may not with safety give Answer thereunto without special direction from His Majesty And therefore they still humbly pray your Lordships as formerly they did not to press any Answers from them untill His Majesties Princely pleasure therein be signified 6. Sixthly If the matters of those Questions which aim at some abuses of former Times were reduced into Bills they conceive it were the speedy way to have such a Reformation which might bind the present Times and Posterity And in such proceedings they ought and would most chearfully contribute their Opinions and best endeavours but in such a course as they apprehend it which points at punishment they have Reason to be sparing in giving any Opinion further then the Duty of their Places doth Command from them 7. Seventhly Although it may be conceived that the Answering of such and so many general Questions by the now Judges may contribute some help to the Reformation now so much desired yet no Man knoweth but this new Precedent in propounding such Questions to Judge in succeeding Times as the Judges and frame and Constitution of the Common-wealth may be may fall out to be most prejudicial to the State or Common-wealth 8. Eighthly Most of the matters of several of the said Questions are already by your Lordships and the said House of Commons Voted and represented unto His Majesty for Grievances and therefore no Opinions of the said Judges under favour are needful or to be required thereunto unless the same shall
come in further Agitation and discussion in this Honourable House 9. Lastly The Judges Opinions are not usually call'd upon in Parliament but when upon Debate great and difficult Points in Law do arise where this most Honourable doth think fit to Command their Opinions but no Resolutions do belong unto the said Judges in Parliament but unto your Lordships yet in the Front and Preamble of the said Questions the Resolution of the said Questions by the Judges is forthwith desired to be required by your Lordships in Writing Although the first Question Viz. Whether the Subjects of this Kingdom c. be positively resolved by the Preamble to the said Questions in which it is likewise declared That the said Judges Answers thereunto are not desired For any Doubt or Ambiguity which may be conceived or thought of for or concerning the Premisses nor of the said Questions but for Manifestation and Declaration of a clear Truth and of the Laws and Statutes already planted and setled in this Kingdom And they conceive it is impossible to make any Manifestation or Declaration of Law or Statutes which may hold or be useful upon such general Questions as most of these are namely by what Laws in what Cases of what Power of what Force How Where and Why by Whom Wherefore what punishment by what Rule of Policy in what Condition of Persons In regard that the next succeeding Judges may be of another Opinion and that a Circumstance may alter the Reason of the Law in many particular Cases which the Wit of Man is not able to foresee or give a general Rule in And they say That to give any satisfaction to your Lordships or the Honourable House of Commons would make up a great Volume and require far more time then your Lordships have afforded unto the said Judges considering their great Toyl in the Circuits the last long Vacation their other Employments in the Common-wealth at their daily Attendance on your Lordships in Parliaments and in ordering Courts of Justice and yet lest they may seem to come any way short in performance of that Duty which they confess to be due unto your Lordships or be wanting in promoting and advancing the Good of the Common-wealth which they believe to be aimed at by the said Questions though it may seem to draw Damage or Prejudice upon their Particulars They do in all humbleness present unto your Lordships the ensuing Answers unto the said Questions which is as much as by their Oaths or in their Duty they owe unto His Sacred Majesty before his Princely pleasure be therein signified they can answer thereunto TO the First they Answer That the Subjects of this Kingdom are a Free People and are for the general to be Govern'd only by the Common Laws of England and Statutes of Force in this Kingdom yet they say That as in England many Statutes are grown obsolete and out of use and some particular Ancient Laws as well in Criminal as Civil Causes have been changed by Interpretation of the Judges there as they found it most agreeable for the general Good of the Common-wealth and as the Times did require it so our Predecessors the Judges of this Kingdom as the Necessity of the Times did move them did declare the Law in some particular Cases otherwise then the same is practised in England which the now Judges cannot alter without apparent diminution of a great part of His Majesties standing Revenue and opening a Gap for the shaking and questioning the Estates of many of His Majesties Subjects and the overthrowing of several Judgments Orders and Decrees which depend thereupon For Example If it be found by Office of Record sufficient for Form That a Man was killed in actual Rebellion and at the time of his Death he was seised of Lands Hereditaments Goods or Chattels by the constant Declaration of Law and Practise in former times here the Crown was Intitled to such Lands Goods and Chattels and many Mens Estates depend thereupon and yet the Law is not so taken in England So If one or more commit Felony and then stand out upon his or their keeping and he or they will not submit themselves to be tryed by the Law but being in that Case do rob or spoil and terrifie His Majesties People whereby the Country is disquieted This by the constant Opinion of our Predecessors in this Kingdom hath been adjudged a Levying of War within the Statute of 25 E. 3. and so consequently Treason Also by the common received Opinion and Practice of this Kingdom the Wife is to have a Third of all the Goods and Chattels and Credits of her Husband the Debts being paid although he dispose of all by his Will from her And yet the constant Practise is otherwise in England And other Instances of that kind might be made so that that word Only must receive a benign Exposition before the first Question can receive a general Answer in the Affirmative Secondly Many Causes of great Weight and Consequence in this Kingdom are to be Decreed and Ordered by Equity in the proper Courts of Equity and in Course of State at the Council Board and by particular Customes not contrary to Law for which the Common Law and Statutes of Force in this Kingdom gave no Remedy Thirdly There are several other Laws of Force in England and Ireland so far as they have been received which though some would have to be part of the Common Law of England yet we find them particularly distinguished from it in our Printed Books and Parliament Rolls in England As Lex Consuetudo Parliamenti jura Belli Ecclesiastical or Canon Law in certain Cases Civil Law in some Cases not only in Ecclesiastical Courts but in the Courts of Constable and Marshal and of the Admiralty and upon particular occasions in other Courts Lex Mercatoria c. 2. To the Second they say That the Judges of this Kingdom do take the Oath of Judges which Oath is specified amongst the Statutes in 18 E. 3. And is afterwards explained by the Stat. of 20 E. 3. And that they may not stay hinder or delay the Suit of any Subject or his Judgment or Execution thereupon otherwise than according to the Law and Course of the Court when they Sit under pretence of any Act of State Proclamation Writ Letter or Direction under the Great or Privy Seal or Privy Signet or Letter or other Commandment Lord Lieutenant Lord Deputy Justice Justices or other Chief Governors of this Kingdom most of which doth appear by their Oath expressed in the Statutes and the Statute of 20 E. 3. c. 8. And the Statute of 20 E. 3. c. 2. as to the Barons of the Exchequer And that as they know no Punishments due to Judges for their Deviations and Transgressions without other Aggravation so they know no punishment laid down by any Law against them for their Deviations and Transgressions in hindering staying or delaying of Justice contrary to their said Oath
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
Declarat Deanries and other Ecclesiastical Dignities of this Realm are not de Mero Jure donative but some are Donative and some Elective and some are Collative according to their respective Foundations and the Confirmation of the Bishops Grant by a Dean de Facto having actually stallum in Choro et vocem in Capitulo together with the Chapter is good in Law 15. Quest Whether the issuing of Quo Warranto's out of the Kings-Bench or Exchequer against Boroughs that antiently and recently sent Burgesses to the Parliament to shew Cause why they sent Burgesses to the Parliament be Legal If not what punishment ought to be inflicted upon those that are or have been the Occasioners Procurers and Judges of and in such Quo Warranto's Declarat The Issuing of Quo Warranto's out of the Court of Kings-Bench Court of Exchequer or any Court against Boroughs that anciently or recently sent Burgesses to the Parliament to shew Cause why they sent Burgesses to Parliament and all the Proceedings thereupon are Coram non Judice Illegal and void and the Right of sending Burgesses to the Parliament is Questionable in Parliament only and the Occasioners Procurers and Judges in such Quo Warranto's and Proceedings are Punishable as in Parliament shall be thought consonant to Law and Justice 16. Quest By what Law are Jurors that give Verdict according to their Conscience and are the sole Judges of the Fact Censured in the Castle-Chamber in great Fines and sometimes Pillored with loss of Ears and bored through the Tongue and marked sometimes in the Forehead with an Hot Iron and other like Infamous Punishment Declarat Jurors are the sole Judges of the Matter in Fact and they ought not for giving their Verdict to be bound over to the Court of Castle-Chamber by the Judge or Judges before whom the Verdict was or shall be given 17. Quest By what Law are men Censurable in the Castle-Chamber with the Matilation of Members or any other Brand of Infamy and in what Cases and what punishment in each Case there is due without Respect to the Quality of the Person or Persons Declarat No Man ought to be Censured in the Castle-Chamber in the Mutilation of Members or any other Brand of Infamy otherwise or in other Cases then is expresly Limited by the Statutes of the Realm in such Case provided 18. Quest Whether in the Censure in the Castle-Chamber Regard be to be had to the words of the Great Charter viz. Salvo Contenemento c. Declarat In the Censures in the Castle-Chamber especial Regard ought to be had to the Words of the Great Charter viz. Salvo Contenemento c. 19. Quest Whether if one that steals a Sheep or commits any other Felony and after flyeth the Course of Justice or lyeth in Woods or Mountains upon his keeping be a Traytor If not whether a Proclamation can make him so Declarat A Felon who Flies the Course of Justice and lyeth in Woods Mountains or elsewhere upon his keeping is no Traitor and a Proclamation cannot make him a Traitor 20. Quest Whether the Testimony or Evidence of Rebels Traytors Protected Thieves or other infamous Persons be good Evidence in Law to be pressed upon the Tryals of Men for their Lives or whether the Judge or Jurors ought to be Judge of the matter Declarat The Testimony of Convicted or Protected Rebels Traitors or Felons is no sufficient Evidence in Law upon the Tryal of any Person for his Life and the Credit of the Testimony of Persons Accused or Impeached and not convicted of Felony or Treason ought to be left to the Jury who are sole Judges of the Truth and Validity of the said Testimony 21. Quest By what Law are Fairs and Markets to be held in Capite when no other express Tenure is mentioned in his Majesties Letters Patents or Grants of the same Fairs and Markets Altho the Rent or Tearly Sum be reserved thereout Declarat The King grants Lands to be held in Free and common Socage as of a Castle or Mannor by Letters Patents under the Great Seal and by the same Letters Patents or by other Letters Patents Grants a Fair and Market reserving a yearly Rent or Summ without expressing any Tenure as to the said Fair or Market the said Fair or Market is not held by Knights Service in Capite or otherwise in Capite I cannot omit one remarkable passage which I find mentioned in Dr. Borlase's Hist of Ireland p. 12. Borlase's History which seems plainly to evince that during this time when they appeared so Zealous for the Redressing of Publick Grievances and removing the obstructions of Justice therein following the very same steps with the Faction of the Parliament of England and Scotland they were at the same time complotting to shake off the Soveraignty of His Majesty by an open Rebellion as the Scots had done in Effect and the English Parliamentary Faction presently after did Which may teach Posterity hereafter to be very Cautious of such pretences and pretenders who through the sides of the prime Ministers of State endeavour to wound Majesty it self and to cover the Designs of Teason and Rebellion with the Popular Cloak of Reformation which were the very steps by which these Three Rebellions one upon the neck of another advanced themselves within the compass of little less then three Years The passage was this During the Summer Sessions which began the 11th of May 1641. Some of the chief Conspirators and among whom the Lord Macguire was one the most busie pretending a suspition That some of the Servants of the late Earl of Strafford to revenge his death to which it seems by this their own guilt acknowledged the Irish very instrumental intended some mischief to the Parliament moved the House and accordingly had Orders that the Lords Justices would let His Majesties Stores for Powder and Arms be searched lest any should be placed near the Parliament Houses which being granted and a diligent search being made but nothing found yet were they not satisfied but procured a new Order to the Lords Justices to be admitted to see the Stores of Powder and Arms placed in other Rooms in and about the Castle To whom the Lord Justice Borlase answered That those were the King 's precious Jewels and not to be shewed without especial Cause but withal assuring them upon his Honor that there was no Powder underneath either of the Houses of Parliament with which answer they were not more discontented then his Lordship seemed surprised with this repeated Order which raised such a sudden Emotion in his blood that he could not but often after reflect upon the reiterated importunity of the enquiry as aiming at something further then was at present discernable Which plainly appears to be to get a perfect knowledge both of the quantity of the martial Stores and the certain place where they were deposited that thereby their intended surprisal of them might be with more ease effected To Sum up what hath
will buy the same The Lord Bishop of Lincoln gave this House an Account Bishop of Lincoln Reports the Votes about the Irish Affairs what the Committees for Irish Affairs had considered of and presented some Votes and Orders of the House of Commons in which they desire their Lordships to joyn with them which were read as follows Resolved upon the Question That the House of Commons holds it fit That 20000 l. shall be forthwith supplyed for the present Occasions of Ireland out of the Moneys that are now in ready Cash or shall first come in Resolved c. That a convenient number of Ships shall be provided for the Guarding of the Sea-Coasts of Ireland Resolved c. That the House of Commons holds it fit that Six Thousand Foot and Two Thousand Horse shall be raised with all convenient speed for the present Expedition into Ireland Resolved c. That such Officers shall be forthwith sent over into Ireland for the Commanding of Men there as shall be thought fit by the Lord Lieutenant of Ireland with the approbation of both Houses of Parliament Resolved c. That a Magazine of Victuals shall be forthwith provided at West-Chester to be sent over to Dublin as the Occasion of that Kingdom shall require Resolved c. That the Magazin of Arms Ammunition and Powder at Carlisle shall be forthwith sent over to Knockfergus in Ireland Resolved c. That in Bristol and West-Chester and one other Port in Cumberland Magazines of Arms Ammunition Powder and Victuals shall be provided to be Transported into the next convenient Ports of Ireland as the Occasions of that Kingdom shall require Resolved c. That all Arms Ammunition and Powder in the Magazine at Hull Except such a proportion of Powder Bullet and Match as shall be thought fit for Supply of the Northern Counties as Occasion shall require be Transported to the Tower of London Resolved c. That a convenient Number of Engineers and Gunners shall be sent into Ireland Resolved c. That a Post shall be set up between Beaumarish and Holy-head Resolved c. That it be referred to the Kings Councel to consider of some fit way and to present it to the Houses for a Publication to be made of Rewards to be given to such as shall do Service in this Expedition into Ireland and for a Pardon of such of the Rebels in Ireland as shall come in by a time limited and of a Sum of Money to be appointed for a Reward to such as shall bring in the Heads of such principal Rebels as shall be nominated Resolved c. That Letters shall be forthwith sent to the Justices in Ireland to acquaint them how sensible this House is of the Affairs in Ireland and what Care they have taken for the Occasion of Ireland Resolved c. That the House of Commons holds it fit that a Drum shall be forthwith beaten for the calling in of Volunteers for this Service for Ireland Ordered That Directions be given for the Drawing a Bill for the Pressing of Men for this particular Service for Ireland and Mr. Serjeant Wild is desired to prepare a Bill for that purpose Ordered That the 11000 l. in ready Cash in the Chamber of London shall be forthwith paid over to the Lord Lieutenant of Ireland for the present Occasions of that Kingdom and that the Commissioners and Treasurers appointed in the Act grant forth their Warrants and Orders accordingly Ordered That the Officers and Customers of the several Ports of this Kingdom towards Ireland do make diligent Search in all Trunks and other Carriages that come to be Transported from England to Ireland that belong to any Papist or suspected person and particularly that those Trunks sent by Exeter shall be stayed and searched Ordered That the Committee for Irish Affairs of the House of Commons shall propound to the Committee of Lords to prepare Heads to be considered of how and in what manner this Kingdom shall make use of the Friendship and Assistance of Scotland in this business of Ireland After this the Lord Bishop of Lincoln acquainted the House with a draught of a Declaration to be sent into Ireland to the Lords Justices with a Letter from the Speakers of both Houses of Parliament which was read in haec verba The Declaration THe Lords and Commons in this present Parliament being advertized of the dangerous Conspiracy and Rebellion in Ireland The Declaration of the English Parliament about the Irish Rebellion by the treacherous and wicked Instigation of Romish Priests and Jesuits for the bloody Massacre and Destruction of all the Protestants living there and other his Majesties Loyal Subjects of English Blood though of the Romish Religion being antient Inhabitants within several Counties and Parts of that Realm who have alwayes in former Rebellions given Testimony of their Fidelity to this Crown and for the utter depriving of his Royal Majesty and the Crown of England from the Government of that Kingdom under pretence of setting up the Popish Religion have thereupon taken into their Serious Consideration how these Mischievous Attempts might be most Speedily and Effectually prevented wherein the Honour Safety and Interest of this Kingdom are most nearly and fully concerned Wherefore they do hereby Declare That they do intend to serve his Majesty with their Lives and Fortunes for the Suppressing of this Wicked Rebellion in such a way as shall be thought most Effectual by the Wisdom and Authority of Parliament And thereupon have ordered and provided for a present Supply of Moneys and raising the number of 6000 Foot and 2000 Horse to be sent from England being the full proportion desired by the Lords Justices and his Majesties Councel Resident in that Kingdom with a Resolution to add such further Succours as the Necessity of those Affairs shall require They have also resolved of providing Arms and Munition not only for those Men but likewise for his Majesties Faithful Subjects in that Kingdom with Stores of Victuals and other Necessaries as there shall be occasion and that these Provisions may more conveniently be Transported thither they have appointed Three several Ports of this Kingdom that is to say Bristol West-Chester and one other in Cumberland where the Magazines and Store-Houses shall be kept for the Supply of the several Parts of Ireland They have likewise Resolved to be humble Mediators to his Majesty for the Encouragement of those English or Irish who shall upon their own Charges raise any number of Horse or Foot for his Service against the Rebels that they shall be honourably rewarded with Lands of Inheritance in Ireland according to their Merits and for the inducing the Rebels to repent of their wicked Attempts they do hereby commend it to the Lord Lieutenant of Ireland or in his absence to the Lord Deputy or Lords Justices there according to the Power of the Commission granted them in that behalf to bestow his Majesties Gracious Pardon to all such as within
a Convenient time to be declared by the Lord Lieutenant Lord Deputy or Lords Justices and Councel of that Kingdom shall return to their due Obedience the greatest part whereof they conceive have been seduced upon false Grounds by cunning and subtile Practices of some of the most malignant Rebels Enemies to this State and to the Reformed Religion and likewise to bestow such Rewards as shall be thought fit and published by the Lord Lieutenant Lord Deputy or Lords Justices and Council upon all those who shall arrest the persons or bring in the Heads of such Traytors as shall be personally named in any Proclamation published by the State there And they do hereby Exhort and Require all his Majesties loving Subjects both in this and that Kingdom to remember their Duty and Conscience to God and his Religion and the great and Eminent Danger which will involve this whole Kingdom in General and themselves in Particular if this abominable Treason be not timely suppressed and therefore with all Readiness Bounty and Chearfulness to confer their Assistance in their Persons or Estates to this so important and necessary a Service for the Common Good of all The Letter to be sent along with this Declaration was in these words MY Lords Justices The Letter from the Speakers of both Houses to the Lords Justices of Ireland and the rest of his Majesties Council of his Majesties Kingdom of Ireland I have received a Command from the Lords House in this present Parliament to send unto you this inclosed Declaration of the Lords and Commons in Parliament for the better Encouragement of his Majesties Faithful Subjects to unite and imploy themselves in opposing and suppressing the Rebels of this and that Kingdom the publishing whereof I am to commend to your Care and Wisdom and rest c. The Resolutions being again read over the House consented to them and ordered the Lord Keeper to take Care to see them sent to Ireland as also to send Copies of them to his Majesty that he may see the Care of his Parliament in his absence concerning the Affairs of Ireland The Lord Admiral was also Ordered to give Command for the stoping of the Posts towards Ireland Order to stop the Posts towards Ireland upon such as are now going from Flanders into the Kingdom of Ireland It was also Ordered Order to take Care to guard the City against Tumults That the Lord Chamberlain of his Majesties Household Captain General of the South Parts of this Kingdom during his Majesties being out of this Kingdom shall give Order to the Lord Mayor of the City of London to safe guard the said City as there shall be Cause against all Tumults and Disorders that shall happen in or about the said City and the Liberties of the same upon any occasion whatsoever In the Commons House it was upon the Question Resolved That the Conference with the Lords shall be renewed concerning the securing of the Persons of Papists It was also Ordered That a Warrant be drawn to pass both Houses to the Master of the Ordnance for the delivery of the Arms and Powder and Ammunition at Carlisle to the Lord Lieutenant of Ireland or such as he shall appoint This day the Lord Keeper signified to the House of Lords Friday Novemb. 5. That he had received a Letter from the Lord Howard at Edenburgh dated the 30th of October 1641 which was commanded to be read the Effect whereof was THat meeting with the Instructions of the Parliament beyond Anwick in his return to London his Lordship and Mr. Fiennes returned back again to Edenburgh to present them to his Majesty which having done his Majesty told them That for the Business of Barwick be hoped by this time the Parliament had received Satisfaction Concerning the Rebellion in Ireland his Majesty upon the first Notice thereof moved the Parliament of Scotland to take this business into Consideration which accordingly they did and appointed a Committee for this very purpose which made Report whereof a Copy is Enclosed together with a Ratification thereof in Parliament wherein they have testified their Affection and respect to this Kingdom The Report of the Committee in the Parliament of Scotland Rege praesente 28 Octobris 1641. HIS Majesty produced a Letter written to him by the Lord Viscount Chichester anent some Commotions in Ireland The Resolutions of Scottish Parliament concerning the Irish Rebellion which was publiquely read in Audience of the Kings Majesty and Parliament And his Majesty desired that some may be appointed to think upon the Business so far as may concern his Majesty and the Kingdom And the Estates nominated the Lord Chancellor Lord General Lord Lothian Lord Amond the Lardis of Wedderburn Kinhault and Murthill the Commissioners of Edinburgh Glascow and Aire to think upon some Course necessary to be done anent the said Letters and what is incumbent to be done by this Kingdom thereupon and Report again to the Parliament To meet in the General his House this Afternoon at two Hours 28 Octobris 1641. This Day in the Afternoon the Committee above nominated appointed for taking into Consideration the Report of the Commotions in Ireland being met in the Lord Generals House and having read the Letter directed to the King's Majesty from the Lord Chichester Dated at Belfast the 24th of October 1641 hath Considered That his Majesty out of His Wisdom and Royal Care of the Peace of His Kingdoms hath already acquainted the Parliament of England with the Intelligence from Ireland and has sent to Ireland to know the certainty of the Commotions and of the Affairs of that Combination which till it be perfectly known there can be no particular Course taken for Suppressing thereof and the Kingdom of Ireland being dependant upon the Crown and Kingdom of England the English may conceive Jealousies and mistake our Forwardness when they shall hear of our Preparations without thair Knowledg in this whairin they are first and more properly concerned And if the Insurrections be of that Importaince as the British within Ireland are not Powerful enough to Suppress it without Assistance of greater Forces * * Scotish for than nor thair Allies and that his Majesty and Parliament of England shall think our Aid necessary to joyn with thaim We conceive That the Assistance which we can contribute may be in readiness as soon as England and if after Resolution taken by his Majesty with Advice of both Parliaments it shall be found necessary that we give our present Assistance we shall go about it with that speed which may Witness our dutiful Respects to his Majesties Service and our Affections to our Brethren his Majesties Loyal Subjects of England and Ireland 29 Die Octob. 1641. Read in Audience of his Majesty and Estates of Parliament ad futuram rei memoriam as ane Testimony of their Affections to his Majesties Service and the Good of the Neighbor Kingdoms and appoints thrie of the Baronis
and thrie Borrowis to meet the Erle of Eglingtowne at thrie Howris afternoon to take to thair Consideration be way of Estimation or Conjecture the Nombre of Bottis or Lime Faddis which in the Partis of this Kingdom lying opposite to Ireland may be had in readiness and what Nombre of men may be Transported thairin and to report again to the Parliament Vera Copia GIBSON After which was read An Information from Chester against two Irish Men. a Packet of Letters directed to the Lords in Parliament sent from the Maior of Chester wherein was an Information upon Oath taken by the Maior and Aldermen of one Thomas Cremer of Graies-Inn Gent. Dated the 30th of October last That he meeting with a Gentleman that calleth himself by the Name of Magenes Brother to the Lord Magenes at the House of Widdow Belson in Weston upon some Conference betwixt them the said Magenes told the said Cremer that he was to go for Ireland being lately come from Spain to see my Lord Mac-guire and that he was sent for thither and further said That he hoped ere long that the Irish would drive out the Scots out of Ireland and that there is a Business that you would not think of And said to the said Cremer that he had returned 8 or 900 l. out of London into Ireland to raise Forces for the King of Spain And also saith that there was one other in Company of the said Magenes which called himself by the Name of Readmond Yesternight in the Company of the said Cremer who drunk a health to the Confusion of the Protestants in Ireland and that the aforesaid Magenes further said That since the Business was discovered he would go to London along with the said Cremer if he would lend him some Mony And further Cremer saith that the said Magenes hearing of the Rebellion in Ireland said That he was very glad and joyful of the News and that he liked very well of it and that he would give any thing to be in Ireland and did shew himself to be very angry with the Master of the Ship in which he intended to go for Ireland for neglecting the Wind saying he might meet with him in Ireland where a Man might be revenged on such Fellows but afterwards the said Magenes hearing that my Lord Macguire was taken seemed to be very sorrowful and said to the said Cremer That since it is discovered he would go to London along with him if he would lend him some Money Tho. Cowper Major Will. Gamull Tho. Cremer Nich. Ivie c. Whereupon it was Ordered That the said Arthur Magenes and Readmond Comyn being now under restraint in the City of Chester shall be forthwith brought in safe Custody by the Sheriffs of the said City and appear before the Lords in Parliament to answer the aforesaid Information and then this House will give such further Order and Directions therein as shall be agreeable to Justice The Lord Seymour Reported to the House That he had according to their Lordships Command presented the Message from this House to the Queen concerning Robert Phillips and Her Majesty returned this answer viz. My Lords THe Message I received from you by my Lord Seymour The Queens Answer concerning Father Phillips I have taken into serious Consideration and do not a little wonder that Father Phillips should so much forget himself as I find he hath done by the Message sent unto me which I am so far from approving as I cannot but be sorry he hath done it I must acknowledg your Respects unto me in giving Me Satisfaction of your Proceedings therein if I did not believe what is done by him is out of Simplicity I should not speak for him You all know how near he is unto me by that place which he holds and if it shall appear unto you that he hath not maliciously done any thing against the State if for my Sake you shall pass by his present Offence I shall take it as a further Testimony of your farther Respects unto me which I shall be ready to acknowledg upon all Occasions thaâ— shall be offered Whereupon it was Ordered to have a Conference with the House of Commons to acquaint them with this Answer of the Queens This day an Ordinance of Parliament to give Power to the L. Lieutenant of Ireland to give Commissions and to raise Men for Ireland having been read yesterday Saturday Novemb. 6. and passed in the Commons House was also read and passed by the Lords as followeth viz. THe Lords and Commons in Parliament An Ordinance of Lords and Commons to enable the E. of Leicester to raise men for Ireland being very sensible of the great Danger and Combustion in Ireland by reason of the multitude of Rebels now in Arms for the destruction of His Majesties Loyal Subjects there and the withdrawing that Kingdom from the Allegiance of His Majesty and the Crown of England and forasmuch as in this time of His Majesties absence his Royal Commission cannot be so soon obtained as the necessity of that Kingdom doth require and for more speedy opposing the wicked and Trayterous attempts of the Rebels there and for that His Majesty hath especially recommended the care of the preservation of that Kingdom unto both the Houses of Parliament do hereby Ordain and Authorize Robert Earl of Leicester Lord Lieutenant of Ireland by Warrant under his Hand and Seal to give one or more Commissions to such Captains Commanders and other Officers as to his Lordship shall seem Expedient for the Levying of 3500 Foot and 600 Horse by the beating of Drum of such Persons as shall voluntarily undertake the same Service by accepting of Prest-mony which persons are to be raised in such several Parts of the Kingdom as shall be most convenient for their passage into the Parts of Ireland which his Lordship shall think most necessary to be forthwith supplied and for the furnishing of the same Men as also of other of his Majesties Subjects in that Kingdom we have Ordained that the Earl of Newport Master of His Majesties Ordnance shall deliver a number of Arms Munition and Powder answerable unto the said Lord Lieutenant of Ireland to be disposed of as he shall think fit for the best defence of that Kingdom and for the Levying of the said number of Men this Ordinance of Parliament shall be his sufficient Warrant The Ordinance to enable the Lord Newport to deliver the Arms and Ammunition was also read and passed as the other in these Words FOrasmuch as it is held most expedient and necessary for the safety of His Majesties Kingdom of Ireland The Ordinance of the Lords and Commons to enable the Master of the Orduance to deliver Arms c. to the Lieutenant of Ireland and his Loyal Subjects there that such numbers of Soldiers both Horse and Foot as are forthwith to be raised for the defence of that Kingdom should be supplied with Arms and other Munition
which by reason of his Majesties absence out of the Kingdom cannot be done by His Majesties immediate Warrant so speedily as the imminent danger and necessity of that Kingdom doth require and for that His Majesty hath especially recommended the Care of the Preservation of that Kingdom unto both the Houses of Parliament It is Ordained by the Lords and Commons in Parliament That Mountjoy Earl of Newport Master of His Majesties Ordnance shall deliver to the Earl of Leicester Lord Lieutenant of Ireland or to such other person or persons as he shall appoint to receive the same the full number of 1000 Arms for Horse-men and 8000 Arms for Foot and the quantity of 10 Last of Powder and such other Munition Tents and Provisions of all sorts as shall be needful for this Service according to a List to be agreed upon and allowed by the said Lords and Commons hereunto annexed out of His Majesties Stores and Magazines in the Tower of London the City of Carlisle the Town of Hull or elsewhere and for so doing this shall be a sufficient Warrant as well for his Lordship as for any of his Deputies or Vnder-Officers in that behalf An Ordinance also for providing Shipping for Transportation of Men and Munition was read and passed in haec verba WHereas by Order of Parliament Men Arms The Ordinance of the Lords and Commons to impower the L. High Admiral to provide Shipping c. Munition and other Provisions are suddenly to be transported from several Ports in this Realm viz. Bristol Chester and others for which Service it will be requisite that Ships be provided with all expedition It is this day Ordered by the Lords and Commons in Parliament that the Lord High Admiral of England be desired to take care that Ships be accordingly provided in the several Ports respectively within this Kingdom from whence the aforesaid Men Arms Ammunition and other Provisions are Ordered to be Transported into Ireland which is to be done with all expedition the Parliament having resolved to see Moneys supplied for the performance of this Service After this the Lord Keeper reported the Conference with the House of Commons to this effect That the House of Commons have presented to their Lordships some Propositions which have been Voted in their House The Report of the Conference about Capuchins c. and desires their Lordships to take them into Consideration and join with them therein 1. Concerning the Dissolving the House of the Capuchins and the speedy sending them away according the former desires of their House 2. That the Ambassadors may be sent to from both Houses to deliver up such Priests of the King's Subjects as are in their Houses 3. That a List may be brought in of the Queens Priests and other her Servants and that a List may be likewise brought in of the Prince's and other of the King's Childrens Servants 4. That a Proclamation may issue for the Commanding that all Strangers that are not of the Protestant Religion except such as are Men of Rank and Quality and live here in such a publick way whereby notice is taken of them and of the Cause of their aboad in this Kingdom do deliver in Tickets of their Names and an account of their stay here within two days after the issuing forth of the Proclamation or else depart the Kingdom forthwith And likewise requiring that all Inn-keepers or others that entertain Lodgers to give Tickets of the Names of such as lodge in their Houses within two days likewise after the issuing forth of the said Proclamation and that these Tickets be given by those in the City of London to the Lord Mayor and Aldermen of the Wards respectively where they reside and by those of Middlesex and Surrey and other Places within 10 Miles of London to the Justices of the Peace next adjoining to the place of their Residence and this Order to extend to the City of London and Ten Miles about 5. That the House of Commons had presented their Lordships with some Scottish Papers being Examinations concerning the late Design against the Lord Marquess Hamilton Earl of Arguile and the Earl of Lannerick Likewise they produced written from their Committees at Edinburgh Letters dated the 27th of October with an enclosed Paper containing as follows viz. The Paper of the 5th of October Exhibited by the English Committee October the 7th 1641. THE Committees of the Parliament of England have now sent down sufficient Moneys for the Total Disbanding of the Garrisons of Barwick and Carlisle Some Transactions between the English Committee at Edinburgh and the Scottish Parliament and have Ordered That it shall be Effected by the 10th of this present Month And have likewise taken a Course for removing the Ammunition and Ordnance and for slighting of the Works according to the Treaty We desire therefore That that part of the Army which is yet on foot may be forthwith Disbanded and that what new Fortifications have been made in Scotland by occasion of the late Troubles may be presently demolished according to the same Treaty The Answer to the Paper delivered in by the English Committees to the Committee of the Army Exhibited 7. Octobris 1641. THat the Regiments which are yet on foot may be speedily Disbanded they are drawn according to the Order already given near towards Edenburgh to the Effect they may with greater Conveniency be Mustered and thereafter money may be given for their Pay and forthwith disbanded And any new Fortifications which have been made in Scotland by Occasion of the late Troubles shall presently be demolished that every Condition on our part may to your full Satisfaction be performed according to the Treaty And we do no wise doubt to find mutual performances and that the Garrisons at Barwick and Carlisle according to the Orders of the Parliament be totally Disbanded which being shewn to the Parliament of England we hope will give them Satisfaction 22 October 1641. Produced by the Lord Chancellor and read in Audience of his Majesty and the Parliament who nominates the Lord Burgley in place of the Earl of Argyle to be upon the Committee for providing Money to pay the Regiments And also Ordains An Order to be given to the Lord General for causing the demolishing the Fortifications at Mordington which was accordingly done Alex. Gibsone 6. Concerning the putting the Custody of the Isle of Wight into another hand as formerly was desired 7. Concerning the securing of the persons of Papists upon the former Propositions 8. That the Earl of Essex may have Power from both Houses to Command the Trained Bands on this side Trent upon all Occasions for the Defence of the Kingdom and that this power may continue until the Parliament shall take further Order This Report being Ended the House caused those particulars to be distinctly read again and gave these Resolutions upon them Resolved upon the Question Nemine Contradicente That the House or Covent of Capuchins here
therefore expect from his Majesty in a more larger and bountiful Manner then at other times A time of great Agitation and Action their State is ready by preparation to annoy us and ill and false Councils at home may quickly bring us to Ruin as we have weakness at home so we ought to decern the Actions abroad where great Provisions are made and a carelesness and improvidence herein when our Neighbours are so provided and have such great Fleets at Sea as will open a Way to suddain Ruin and Destruction before we can be prepared and therefore now the fittest time to move the King 6 The seventh and last Step is That this Alteration of Councils will bring great Advantages to the King in his own Designs In all our Actions our Prayers to God should be that his Name should be Glorified so our Petitions to his Majesty should bring Honor and Profit and Advantage to him by a discouragement to the Rebels a great part of their Confidence resting in the Evil Counsels at home as by the Examinations appeareth it will be a great Encouragement to the King 's good Subjects at home who hazzard their Lives and give Aid and Contribution to have things governed for the Publick Good it will make Men afraid to prefer Servants to the King that are ill Counsellors when they shall come to the Examination of the Parliament for many times Servants are preferred to Princes for advantage of Forreign States This will put an Answer into the King's Mouth against all Importunities that he is to prefer none but such as will be approved on by Parliament those that are Honorable and most Ingenious are aptest to be troubled in this kind and not to deny therefore the King may Answer he hath promised his Parliament not to admit of any but by Advice in Parliament this will Answer them all These are Domestick Advantages but it will also make us fitter to enter into Union and Treaty with Foreign Nations and States and to be made partakers of the Strength and Assistance of others It will fortifie us against the Designs of Foreign Princes there hath been common Council at Rome and in Spain to reduce us to Popery if good Counsel at Home we shall be the better prepared to preserve Peace and Union and better Respect from Abroad Lastly it will make us fit for any Noble Design Abroad Let us but turn the Tables and imagine this Speech spoken by some Loyal Gentleman against Mr. Pym and his Confederates and we shall find all those mischiefs and dangers from ill Counsels and Evil Counsellors the Alteration of Religion and Subversion of Laws the Encouragement of the Irish Rebellion the Impoverishment of the Nation the Loss of Liberty and Property the Ruin of the King and Kingdom to be the Natural Effects of their Consultations and Actions But in Order to accomplish their Wicked Designs the People must be affrighted with the danger of approaching Popery the present Government traduced with intentions of re-introducing it and the King must be Wounded through the Sides of the most Faithful of his Friends These were the Popular Arts by which after they had by repeated Flatteries Importunities and Promises obtained from the King those Fatal Concessions before mentioned they pursued their Design and by Arming those People whom they had deluded with the pretence of Religion and hurrying them on into Actual Rebellion they sought by Violence to obtain that which they could not do by Fraud and Flattery But to proceed After this an Order was read in the House of Lords made by the House of Commons Dated Nov. 9. 1641. That an Ordinance of Parliament may pass to engage the Honor Credit and Authority of both Houses of Parliament for the securing and repaying to the City the 50000 l. with Interest desired to be borrowed of them for the Occasions of Ireland and that a provisional Act shall pass with all Speed for repayment of the said Summ with Interest within six Months Next an Ordinance of Parliament was read concerning the Irish Affairs in haec verba viz. WHEREAS there is just Cause to conceive The Ordinance of Parliament prohibiting any Irish to pass out of England without License c. that diverse ill Affected Persons here being Natives or Inhabitants of Ireland do intend to pass over thither to joyn with the Rebels It is Ordained by the Lords and Commons in Parliament that no Irish Man shall pass out of any the Parts of this Kingdom to return into Ireland without special License of the Committees of both Houses for Irish Affairs or the Lords of his Majesties most Honorable Privy Council or of the Lord Lieutenant of Ireland It is further Ordered That no Arms Munition or Powder shall be transported without such License as is aforesaid It is likewise Ordeined by the said Lords and Commons That whereas upon the perusal of diverse Letters and other Intelligence here there is just Cause to suspect that diverse of his Majesties Subjects in Ireland had some Hand in the Conspiracy and Rebellions of the Irish That the Lord Lieutenant shall certifie from time to time during his Aboad in England into Ireland the Names of such suspected Persons and the the Grounds and Reasons of the Suspition and that thereupon the Lords Justices of Ireland and the rest of his Majesties Council there shall enter into Examination of the said Parties and shall have Power to commit them to Prison till the Truth may be fully discovered that so they may either be cleared if they be Innocent or if they be found Guilty they may be proceeded against according to the Laws And that this Ordinance of Parliament shall be a sufficient Warrant to the Lord Lieutenant Lords Justices and Council aforementioned The Lord Admiral then acquainted the House That he had Command and Directions from his Majesty to send some Ships for the Guuarding of the Irish Coasts and also some Ships to keep the Narrow Seas because his Majesty conceives that the Rebellion from Ireland is fomented from abroad and that they expect some Supply from Foreign Parts And his Lordship desires to have the Directions of the Parliament herein what to do Whereupon it was ordered to have a Conference with the Commons about it Divers Orders were read which were made by the House of Commons concerning the Irish Affairs to which they desired their Lordships concurrence that so they may be put in Execution That the Merchants Some Orders of the House of Commons concerning the Affairs of Ireland who have made the Proposition to their House of Transporting Spanish Money in specie into Ireland for the present Occasions of that Kingdom shall have Liberty to Transport so much only as the Lords and Commons in Parliament shall from time to time give them Order and Direction for paying it there as it passes by Proclamation and that all Sums so Transported shall be Registred in the Custom-House and that they shall bring Certificates
appeared without all doubt to be universal in all the Northern Parts and it was dangerously to be suspected that this impetuous Torrent would not be contained within those Bounds but that the other Parts of the Kingdom would by their Example and Incouragement break all the Banks of Obedience and Loyalty so that an universal Deluge of Rebellion was hourly expected And to add to the misfortune there was no Mony in the Exchequer to raise Men to oppose the Progress or crush the first beginnings of the Conspiracy the veterane Army which was kept a foot was very inconsiderable and dispersed into several distant Quarters and Garrisons and if they had been together not much above 3000 Foot and Horse as appears by this following List A List of his Majesties Army in Ireland 1641. before the Rebellion A List of the Officers and Army in Ireland when the Rebellion brock out The Foot Companies consisting of 6 Officers viz. Captain Lieutenant Ensign Chyrurgeon Sergeant and Drum and 44 Soldiers each Company were under these following Commanders Lord Lieutenant's Guard 45 Sir Robert Farrar 44 Sir Thomas Wharton 44 Sir George St. George 44 Captain Francis Butler 44 Lord Docwra 44 Sir Robert Steward 44 Lord Viscount Baltinglass 44 Captain George Blunt 44 Sir Frederick Hamilton 44 Sir Lorenzo Cary 44 Sir John Gifford 44 Sir John Nettervile 44 Sir Arthur Tyringham 44 Captain Charles Price 44 Capt. Thomas Games 44 Sir John Borlase 44 Sir Arthur Loftus 44 Lord Esmond 44 Sir George Hamilton 44 Sir William Stewart 44 Sir John Sherlock 44 Captain John Ogle 44 Sir William St. Leger 44 Lord Blaney 44 Lord Viscount Rannelagh 44 Sir John Vaughan 44 Sir Henry Tichbourn 44 Lord Castle Stewart 44 Capt. Chichester Fortescue 44 Captain John Barry 44 Capt. Thomas Rockley 44 Capt. Philip Wenman 44 Sir Charles Coote 44 Sir Francis Willoughby 44 Capt. Robert Bailey 44 Capt. William Billingsley 44 Lord Lambert 44 Lord Folliot 44 Captain Robert Biron 44 Earl of Clanricard 44 These 41 Foot Companies contain Officers 246. In all 2297. Soldiers 2051. In all 2297. The Horse Troops consisting of Captain Lieutenant Cornet and Horsemen The Lord Lieutenants 108. Earl of Straffords 58. Lord Wilmots 58. Lord Viscount Moors 58. L. Viscount Cromwel of Lecale 58. Sir George Wentworths 58. Sir Adam Loftus 58. The Marquess of Ormonds 107. Lord Dillons 58. Sir William St. Legers 58. Lord Viscount Grandisons 58. Captain Arthur Chichesters 58. Lord Viscount Conways 58. These 13 Troops contain Officers 42. In all 943. Horse and Foot 3240. Soldiers 901. In all 943. Horse and Foot 3240. A very inconsiderable Army had they been altogether in a Body The only thing which was of considerable advantage was That the Magazines were well stored with Arms and Ammunition For besides several Pieces of Artillery most of them fit for present Service there was Arms for 10000 Men 1500 Barrels of Powder with Match and Ball proportionable in the Castle of Dublin but this Store was owing to the Care and Prudence of the Wise thô Unfortunate Governor the late Earl of Strafford whose Providence even after his Death became thus Serviceable towards the preservation of that Kingdom However in this Extremity of Affairs the Lords Justices and Council set themselves with all possible application to provide against this threatning Tempest Sir Francis Willough by Governor of the Castle of Dublin And in the first place they Constituted Sir Francis Willoughby Governor of the Castle of Dublin placing such a Number of Men in Garrison there as might be able to defend a Place of so great Importance as that then was by reason of the Stores of Arms and Ammunition there deposited that from the surprizing of it the Rebels had promised themselves the greatest advantages in their Wicked Enterprizes and thô Providence had discovered and disappointed that part of their Design yet it might reasonably be suspected that they would not give over that attempt the accomplishment of which either by force or fraud would of necessity so much facilitate all their other Intentions Letters and Expresses were dispatched unto the Presidents of Munster and Connaght Letters sent to the Nobility and Gentry to inform them of the discovery of the Plot. and to diverse of the Principal Gentlemen in those two Provinces as also to those of the Province of Lemster giving them an Account of the Discovery of the Plot that so they might stand upon their Guard and take the best Measures they could for their own and the Security of those Countries where they Inhabited an Express was sent to the Earl of Ormond then at his House at Carick with Letters to the same Effect and also to desire his Lordship with all possible Expedition to advance with his Troop of Horse to Dublin They sent Commissions to the Lords Viscounts of Clandeboys and of Ardes for Raising and Arming of the Scots in the Northern Parts as also soon after to Sir William Steward and Sir Robert Steward and several other Gentlemen of Quality in the North which they were forced to send by Sea the Rebels having cut off all intercourse to those Parts by Land The Letter to then Earl now his Grace the Duke of Ormond was as followeth AFter Our very hearty Commendations to your Lordship by this Proclamation your Lordship will find the Condition of Affairs here Our haste admits not long Discourse upon this Subject A Letter from the Lords Justices and Council to the Earl of Ormond of the discovery of the Pot Oct. 24. 1641. only we pray and require your Lordship to give Order that it be published there We having also directed this Bearer to leave one Proclamation at every Market-Town in his Way thither for the more speedy Publication of the disappointment of their Design In the weighty Consultations now requisite here your Lordship's Presence with us is so necessary as we must pray and require you to repair speedily hither where your stay shall not be longer than of necessity shall be requisite And so We bid your Lordship very heartily Farewel From his Majestie 's Castle of Dublin 24 October 1641. Your Lordships very loving Friends Will. Parsons John Borlase Rob. Dillon Rob. Digby Ad. Loftus John Temple Fra. Willoughby Ja. Ware Rob. Meredith The Plot was to Surprize all the Forts of the Kingdom yesterday at one Hour and they have taken Castle Blaney and Neury but yet we hear of no more The Lord Macguire Captain Mac-Mahon and several others We have Committed to the Castle Your Lordship is also required to bring your Horse Troop hither To our very good Lord James Earl of Ormond c. Upon which Summons from the Lords Justices and Council his Lordship did with all the haste and diligence imaginable march with his Troop to Dublin there to receive their Commands and give Testimony of that Courage and steady Loyalty which will for ever Record his Name in the Memoires of Time for one of the most
Celebrated Persons of his Age and indeed had the Lords Justices been willing and able to have hearkned to his Lordships Motion at the Council Board to put him immediately at the Head of any considerable Strength he would in probability by God's assistance have made a short dispatch of that Rebellion for it was some considerable time before the Rebellion became Universal or otherwise Captain Byron with a single Company of 50 Men could not as he did have by command from the Lord Justices and Council have marched Safe and without disturbance from Youghall to Dublin which is above 80 Miles nor was there any rising about Kilkenny till two Months after the first Eruption but it is too evident that as the supine carelessness of some did encourage the Irish to Rebel so there were others in Power who were so taken up with the Contemplation of Forfeitures that they rather increased the Fuel than took Care to suppress the Flame so that it is no wonder if his Lordships Motion was rejected till it was too late However several Commissions were given out to diverse Gentlemen even of the Romish Religion to raise Men to suppress the Rebellion The Commissions then given out run in the Stile of Martial Law which was thought no more than Requisite as appears by this following which was given to the Lord Gormanstone By the Lords Justices and Council W. Parsons John Borlase RIght Trusty and Well-beloved A Copy of the Commissions for suppressing the Rebellion in Ireland Nov. 1641. We greet you well Whereas divers most Disloyal and Malignant Persons within this Kingdom have Traiterously conspired against His Majesty His Peace Crown and Dignity and many of them in Execution of their Conspiracy are Traiterously Assembled together in a warlike Manner and have most inhumanly made Destruction and Devastation of the Persons and Estates of divers of his Majesties Good and Loyal Subjects of this Kingdom and Taken Slain and Imprisoned great Numbers of them We out of Our Care and Zeal for the Common Good being desirous by all means to suppress the said Treasons and Traitors and to conserve the Persons and Fortunes of His Majesties Loving Subjects here in Safety and to prevent the further Spoil and Devastation of his Majesties Good People here Do therefore hereby Require and Authorize you to Levy Raise and Assemble all every or any the Forces as well Footmen as Horsemen within the County of Meath giving you hereby the Command in Chief of all the said Forces and hereby further Requiring and Authorizing you as Commander of them in Chief to Arm Array Divide Distribute Dispose Conduct Lead and Govern in Chief the said Forces according to your best Discretion and with the said Forces to Resist Pursue Follow Apprehend and put to Death Slay and Kill as well by Battel as other ways all and singular the said Conspirators Traitors and their Adherents according to your Discretion and according to your Conscience and Discretion to proceed against them or any of them by Martial Law by Hanging them or any of them till they be dead according as it hath been accustomed in time of open Rebellion and also to Take Waste and Spoil their or any of their Castles Holds Forts Houses Goods and Territories or otherwise to Preserve the Lives of them or any of them and to receive them into his Majesties Favor and Mercy and to forbear the Devastation of their or any of their Castles Forts Houses Holds Goods and Territories aforementioned acccording to your Discretion Further hereby Requiring and Authorizing you to Do Execute and Perform all and singular such other things for Examination of Persons suspected discovery of Traitors and their Adherents parlying with and granting Protections to them or any of them taking up of Carts Carriages and other Conveniences sending and retaining Espials Victualling the said Forces and other things whatsoever conducing to the purpose aforementioned as you in your Discretion shall think fit and the necessity of the Service require further hereby Requiring and Authorizing you as Commander in Chief to Constitute and Appoint such Officers and Ministers respectively for the better Performance and Execution of all and singular the Premises as you in your Discretion shall think fit And We do hereby require and command all and singular His Majesties Sheriffs Officers and Ministers and Loving Subjects of and within the County of Meath and the Borders thereof upon their Faith and Allegiance to His Majesty and to his Crown to be Aiding Helping and Assisting to you in the Doing and Executing of all and singular the Premises This Our Commission to continue during Our Pleasure only and for the so doing this shall be your sufficient Warrant Given at His Majesties Castle of Dublin Novemb. 1641. R. Dillon Ja. Ware Jo. Temple Rob. Meredith To Our very good Lo. Nicholas Vic. Com. Gormanstone Immediately upon the setting out of the Proclamation of the 23 of October divers Lords of the English Pale came to Dublin and there declared to the Lords Justices and the Board with severe Protestations their great Loyalty and Affection to his Majesty and that they would with all readiness assist their Lordships in the suppressing of this Rebellion but within two or three days they returned with a Petition wherein they offered they said the deep Sense they had of an Expression in that Proclamation as if by the Words evil affected Irish Papists there being no Distinction they might be misinterpreted so as to reflect upon them as comprehended under those general Terms Whereupon the Lords Justices and Council that they might clear this Point and thereby secure themselves of the Loyalty and Services of these Gentlemen who as well as their Ancestors had upon former Occasions manifested great Loyalty to the Crown of England therefore to remove all Scruples put out this following Explanatory Proclamation By the Lords Justices and Council W. Parsons John Borlase WHereas a Petition hath been preferred unto Vs A Proclamation for the Satisfaction of the Lords and Gentlemen of the English Pale Oct. 28. 1641. by divers Lords and Gentlemen of the English Pale in behalf of themselves and the rest of the Pale and other the old English of this Kingdom shewing That whereas a late Conspiracy of Treason is discovered of ill-affected Persons of the old Irish and that thereupon a Proclamation was published by Vs wherein among other things it is declared That the said Conspiracy was perpetrated by Irish Papists without distinction of any and they doubting that by those general Words of Irish Papists they might seem to be involved though they declare themselves confident that We did not intend to conclude them therein in regard they are none of the Old Irish nor of their Faction or Confederacy but are altogether averse and opposite to all their Designs and all other of like Condition We do therefore to give them full satisfaction hereby declare and publish to all his Majesties Good Subjects in this Kingdom
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
this present of 1000 Men only to be Raised in Scotland to be sent into Ireland The Lord-Keeper being so indisposed that he was not able to come to the House Saturday Novemb. 13. the Lord Privy-Seal was appointed to be the Speaker of the House for this day The Lord Kymbolton then reported some Propositions from the Committees of both Houses for the Irish Affairs which were read as followeth 1. That Officers for 2000 Foot shall be sent c. ut supra in the Votes 2. That it shall be referred to the Lord Lieutenant to make a List of those Officers and to appoint of what numbers each Company shall consist of 3. That the 1300 Arms that are in Carlisle shall be sent away presently to the North Parts of Ireland and Arms for one Troop of Horse 4. That the Forty old Foot Companies be recruited unto 100 Men in a Company 5. That the Recommendation of Sir John Clotworthy to some honourable Entertainment in Ireland be proposed to the Lords 6. That the like Recommendation be for the Lord Dungaruan and for the Command of Youghal this request the Lord Dungaruan desires may be left to the Lord Lieutenant 7. That Officers be sent into Munster for 1000 Foot and 1 Troop of Horse and this was the easier yielded unto because the Lord Dungaruan informed that the Soldiers should receive no Pay till they were ready to March against the Enemy 8. That present Order be taken for securing the Port Towns of Munster as Cork Waterford Limrick Kynsale Youghal Baltimore Slego and Gatway in Connaght because these Towns lie on the South-West of Ireland near Spain 9. That the Officers may be speedily sent for Dublin 10. It is thought fit by the Committees that Sir Simon Harcourt should have the Sallary of 20 s. per diem above the rest for his Command of Dublin 11. That the Entertainments of every Regiment of Foot and the Pay of the Officers of the Army shall be from the Date of their Commissions and Sir Simon Harcourt to go away presently to all which the Lords assented The Lord Newnham reported Lord Newnham's Report of the Venetian Ambassadors receiving the Message from the Lords That himself and the rest of the Lords appointed by this House repaired to the Venetian Ambassador and delivered unto him the Paper Translated into Italian touching the excuse for opening his Letters and after he had read it he presented unto the House great thanks for sending persons of such great place in this State unto him and promised he would represent the same to the State of Venice with as much respect as he could But desired that the Kings Ambassador may be sent away as speedily as may be to Venice in the nature of a special Ambassador to make excuse for this particular Business before he Treat of any Publick Affairs and for prevention of any Accident for the future he desires to have an Order to the Post-Master that his Letters may be speedily sent him Whereupon the House thought fit That the first desire concerning the Ambassador be left to the Pleasure of His Majesty and for the other it was Ordered That such Pacquets and Letters as are or shall be directed to the Venetian Ambassador shall be forthwith delivered up to the said Ambassador's own hands It was this day Ordered That the Earl of Newport Order for bringing up the Ammunition from Hull Master of the Ordnance shall have power by Virtue of this Order to send his Commands and Issue forth Warrants for the bringing up the Magazine of Arms and Ammunition remaining now in Kingston upon Hull unto the Tower of London for the securing of the Kingdom It was also Ordered Order about the L. Lieutenant of Ireland That because the Lord Lieutenant of Ireland hath not been invested in the Formality of his Place by the receiving of the Sword in Ireland That his Lordship shall have power by Virtue of this Order to give Command to the Lords Justices of Ireland to seize upon the persons of any that are suspected until they shall clear themselves unto the said Lords Justices there At a Conference this day the Commons desired That the first six Articles of Instructions to the Commissioners in Scotland to which the Lords had already agreed with some little Alterations as that 10000 Men might be raised in Scotland for the service of Ireland might be speedily sent away by Mr. Pickering and for the remaining Articles touching ill Counsels and Counsellors they desire their Lordships would joyn therein and they will tarry four or five days for their Lordships Resolutions Whereupon the 6 Articles were dictinctly read over again and the House agreed to them all and Resolved to take the rest into Consideration hereafter Then the Petition which was to go along with the Instructions was read in haec verba To the King 's Most Excellent Majesty The Humble Petition of the Lords and Commons in Parliament Most Gracious Soveraign WHereas this Messenger Mr. The Petition to the King in Scotland sent with the Instructions to the Committees Pickering is imployed with Instructions to your Parliament of Scotland our desire of some Aids from that Kingdom for the suppressing of the Rebels in Ireland if it fall out that your Majesty shall be come out of Scotland or our Committees before the Arrival of this Messenger there We humbly beseech your Majesty to give Authority to the said Mr. Pickering to present the said Instructions to the Parliament of Scotland and to bring back their Answer to the Parliament of England Which being read was Approved by the House In the Commons House Sir Thomas Barrington Reports the Answer of the City The Answer of the City about lending Money That the Committee who were Ordered to carry the Letters which came last from Ireland to the City to stir them up to lend Money found a great deal of willingness and readiness in the City to do it the Lord Mayor desired to know the particulars we had in Charge for their security which being made known unto them together with the miserable condition of Ireland Mr. Recorder did very much promote the Business and pressed them to give their Votes but before they did that they desired by way of Prepositions to offer something not by way of Contract to this Honourable House 1. That the Money should be paid as the Act was passed 2. That by reason of the Privilege of the Members of both Houses and by reason of the Protections granted especially by the Lords a vast Sum of Money is detained from them so that Trade cannot be driven nor are they so enabled to lend Money as they desire for the service of the Common-wealth 3. They said they were sensible of the miseries of the Protestants in Ireland and of the Power of the Papists there and therefore did press with much earnestness That the Persons of the Popish Lords and other Persons of Quality here in England
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.
Trevor of Council for the Bishops Order for Security of the Merchants at Venice and to present a List of their Names to the House It was this Day Ordered That Mr. Arthur Trever shall be Assigned to be of Council with the Lords the Bishops that are Impeached It was moved That least the Merchants at Venice may suffer for the opening of the Venetian Ambassador's Letters here that a Committee might be appointed to consider of some Dispatch to be sent to the King's Agent at Venice to let him know what Satisfaction hath been given by the House of Lords to the Ambassador here that so he may be the better enabled and Instructed how to apply himself to the State there to give them Satisfaction And the same Lords that went to the Ambassador were appointed to do it Then the Lord Privy Seal reported the last Conference That the Commons had given in a List of the Prime Papists Nobility Knights and Gentlemen in the Counties of Warwick Southampton Dorset Worcester Bucks Lancaster Pembroke and Stafford which they desired might be secured for the Safety of the Kingdom in this time of Danger Then was read an Ordinance which the Commons desired the Lords to joyn with them in which was as followeth THe Lords and Commons Assembled in Parliament having received Informations of dangerous Designs and Practises An Ordinance Issue out upon Beal's Information by Priests and Jesuits and Ill-Affected Persons to disturb the Peace of this State and the Proceedings of Parliament and to attempt upon the Persons of many of the Members of both Houses And well knowing That there is no way to prevent the Mischief which the Malice of such Men may suddainly bring upon the Realm to the utter Subversion of our Religion Laws and Liberties but by putting the Kingdom into a Posture of Defence and so to be ready upon all Occasions to oppose Force to Force They the Lords and Commons have thought fit to Appoint and Ordain and do hereby Appoint and Ordain the Earl of Essex to have the Trained Bainds of the several Counties in readiness and do hereby give him Power to command them whensoever there shall be need to March and Gather themselves into a Body and to oppose and set upon all those who shall attempt or do any thing which may be prejudicial to the Publick Peace or Dangerous to the Parliament in General or to any of the Members of Parliament in particular and they the said Lord and Commons do likewise hereby and injoyn all the Trained-Bands of the several Counties and every particular Person who is Officer or Soldier of the Trained-Bands to be obedient to the Commands of the said Earl as they will Answer the contrary at their Perils A Message was brought from the House of Commons by Sir William Armyn Baronet A further Account at a Conference of Beal's Plot. to desire a free Conference by a Committee of both Houses touching the safety of the Kingdom At which the Commons acquainted their Lordships That they have discovered some things further concerning the Plot which was related by Beal for upon Examination they are informed That there are two such Priests as Father Jones and Father Andrews Jones they understand is here in Town at the Earl of Worcester 's House and Andrews is described to be near 50 Years of Age and uses to come much to Sir Basil Brook 's House And they let their Lordships know That the House of Commons have caused a Guard to be set about the Earl of Worcester 's House and have Ordered That his House shall be searched but because he is a Peer of this House they have first acquainted their Lordships therewith This Information was given to the Commons by one Mr. Wadsworth The House of Commons further thinks fit that a Declaration be made That whosoever of the 108 Men designed to do this mischief shall come in and discover the same both Houses will be humble Suitors to the King that they may be Pardoned and they shall be well Rewarded They also desired That the Lords would be pleased to joyn with them in the Ordinance concerning the Earl of Essex and the like Ordinance they desire may be for the Earl of Holland that he may Command the Trained Bands on the North side the Trent and that they may Nominate particular Men of Trust in every County to take care of the Militia that the People may know whom to resort unto That the Isle of Wight may be secured by sequestring it into another hand for the present That the Forts and Castles of this Kingdom may be secured Lastly That search may be made in the City and the Liberties for all Priests and Jesuits and for all suspected Persons and that their Names and Conditions may be delivered in to the Parliament Hereupon it was Ordered That James Maxwel Esq Gentleman Vsher to the Lords should joyn with any such as the House of Commons shall appoint and imploy for the Searching of the Earl of Worcester 's house and any other Recusants houses being the King's Subjects for the apprehending and taking of any Romish Priests and Jesuits whatsoever It was also moved from the Committee of the House of Commons That Monsieur St. German and Peter de Chair may be Sworn and afterwards Examined by the deputed Lords And it was Declared That any Peer of this House may be present at the said Examination if he please To swell the Tide of Fears and Dangers Information of dangers in Lancashire the Lord Wharton informed the House That he had received a Letter from the Lord Strange Lord Lieutenant of Lancashire which had some particulars in it fit for this House to know The Letter was read wherein it was said That his Lordship was upon his Guard that some in that County were stronger than he and that if ever need was to look to Lancashire in our time it was now Upon which the Lord Wharton was commanded to give thanks from the House to the Lord Strange for his timely Information of the danger of that County Thomas Wall Wall committed to the Fleet for disobeying the Order of the House one of the Door-keepers of the House being called in to give an account of the delivery of the Order to the Justices of Middlesex and London for the searching for Priests and Jesuits last night confessed That he did not deliver them the last night but early this morning for which neglect of his in a matter of that Consequence he was committed to the Fleet until the pleasure of the House be further known and never to attend upon the House any longer The Lord Strange's Letter being sent to the Commons Conference about the L. Strange's Letter they deâ—â—red a Conference which the Lord Keeper Reported to this Effect That they give their Lordships thanks for Communicating to them the Lord Strange 's Letter by which and other Relations from Members of their House they hold that there
may be just causes of those fears 1. They therefore desire their Lordships Expedition of the Ordinance concerning the Earls of Essex and Holland 2. An Answer concerning the securing the Persons of Recusants 3. Concerning the Government of the Isle of Wight and the fortifying the Forts of the Kingdom 4. That the Magazines in the County of Montgomery may be Sequestred into other hands for better security they being now in the hands of a Servant of a great Recusant 5. That Milford Haven may be fortified 6. That Sir Simon Harcourt may have a Commission to levy Soldiers for the Service of Ireland and that Thursday next may be the longest time of his stay here To these particulars the Lords gave these Resolutions 1. The Lords Answers To the first The House will Debate the Ordinance about the Earls of Essex and Holland to Morrow Morning 2. To the securing of the Persons of Recusants agreed 3. Touching the sequestring of the Isle of Wight into another hand their Lordships will take the same into confideration when the House of Commons present their Reasons why it should be taken out of the hand where it is now To the Forts they have formerly given in an account of the state of them and of the Charge which will be requisite to repair them and that the Money must proceed from them 4. To the fourth Agreed to 5. To the Fifth This House thinks it fit that Milford Haven be secured by appointing some Ships to ride in the Haven 6. To the Sixth The Lord Lieutenant of Ireland is to bring the Commission to Morrow Morning which he is to give to Sir Simon Harcourt for levying Men for the Service of Ireland This being done the Lord Keeper was appointed to acquaint the Commons who stayed in the Painted Chamber with the aforesaid Answers to their Propositions Mr. Maxwell the Gentleman-Usher gave this House an account Mr. Maxwell upon search finds no Priests That according to their Lordships Order he had searched diligently the Earl of Worcester 's House for Priests and Jesuits but can find none In the Commons House they were taken up with this new Plot and preparing Heads for the forementioned Conference And which is omitted in the Lords Journal it was desired That the Information which Beal hath given may be published It was also Ordered That St. German the French-man St. German committed to the Gate-house be committed to the Prison of the Gate-house and that no Man be suffered to speak with him but in the presence and hearing of a Keeper They were still busie in Hammering and Filing of the Remonstrance of the State of the Kingdom as appears by this Memorandum Memorandum That an Addition be made to the Declaration to this purpose to declare That this House intends to vindicate themselves from the Imputations laid upon them of discouraging of Learning and that they will advance Learning and the maintenance of Preaching Ministers They were very tender it seems of their Reputation but notwithstanding their Declaration it will remain an Eternal Riddle to Posterity how it can be possible to incourage Learning by taking away the Rewards of Industry And for their maintaining of Preaching Ministers they were as good as their Word indeed by suffering all that would to Preach and maintaining them in their Sacrilegious Usurpations upon the Sacred Function Report was made this day by the Lords Committees for the Irish Affairs That the Committees of both Houses for that business Wednesday Novemb. 17. have considered of these particulars That Power be given to the Lord Lieutenant of Ireland Irish Affairs for rewarding of secret services as is fit That convenient Posts be speedily set up between Beaumaris and Holy-Head And that the State of Scotland be moved to have the like care for Posts between Carlisle and Port-Patrick That Directions be sent by both Houses of Parliament to the Lords Justices of Ireland concerning the Prisoners Mac-Guire and Mac-Mahon to be Conveyed into England for their better security That the Protestation taken by both Houses be taken by all Officers and Commanders before they be employed in the service of Ireland which Propositions being read were Assented to It was Ordered Message to the Foreign Ambassadors concerning Jones and Andrews That the Right Honourable the Earl of Bristol the Earl of Holland and the Lord Brook shall forthwith Repair unto the several Ambassadors in and about the Cities of London and Westminster and desire them from the Parliament to dismiss out of their Houses such Priests as are the Kings Native Subjects and in case they shall be hereafter found abroad they shall not have any Protection but be Proceeded against according to the Laws of the Kingdom and to let them know That if the Persons of Father Jones and Father Andrews who were Accused for Treasâ—â— be received into their Houses the Parliament desires they may be presently delivered up Lord Lieutenant scruples the Validity of the Ordinance to Levy Men without the Great Seal Upon some Question made this day by the Lord Lieutenant of Ireland whether the Ordinance of Parliament for the granting him Power to give Commissions to Levy men for the Service of Ireland be of sufficient Validity without a Confirmation from His Majesty Thereupon the House did undertake to be Suitors to his Majesty to consirm the Autherity given to his Lordship by the King and the Parliament under the Great Seal of England And do Promise That they will be always ready to avow his Proceedings upon their Lordships aforesaid Orders in the mean time The Lord Lieutenant delivered a Copy of a Commission to be given to Commanders for the Levying of Men for Ireland which was Read and Approved of the Contents were as follow Robert Earl of Leicester Copy of a Commission to Raise Men for Ireland Viscount Lisle Baron of Penhurst c. One of His Majestie 's Most Honourable Privy-Council Lieutenant General of the Kingdom of Ireland and General of His Majestie 's Army there To Collonel WHereas the Lords Justices and Council of Ireland have advertised our Soveraign Lord King Charles and his High Court of Parliament now here Assembled of a suddain Insurrection aâ—d Rebellion in Ireland and have Humbly besought His Majesty to send some Succours unto his good Subjects there And his Majesty being now Absent in his Kingdom of Scotland hath recommended the Care of the said Kingdom of Ireland unto his Parliament of England and that in pursuit of his Majestie 's Pleasure so signified for as much as in this time of His Majestie 's Absence his Royal Commission according to the usual form cannot be so soon obtained as the necessity of the Kingdom doth require The Lords and Commons of the said Parliament now Assembled have by their Ordinance of the 6th of this present Month of November Authorized me by Warrant under my Hand and Seal to give one or more Commissions to such Captains Commanders or other
Officers as to me shall seem expedient for the Levying of Forces for the Defence of the said Kingdom of Ireland of such Persons as shall voluntarily undertake the said Service I do hereby Constitute and Appoint you Collonel of a Regiment of Foot-men to serve in this present Expedition which Regiment you shall by Virtue of this Commission forthwith Levy in such parts of His Majestie 's Kingdom of England as you shall think fit for His Majestie 's Service in this urgent occasion And this Regiment being Levied you shall receive it into your Charge as Collonel and conduct it to the City of Chester where you shall Embarque it and Transport it with all possible speed unto the City of Dublin in His Majesties Kingdom of Ireland and diligently Exercise your Regiment Commanding all Officers and Soldiers of the said Regiment to obey you as their Collonel for His Majestie 's Service according to the Commission given you And you are likewise to observe and obey such Orders and Directions as you shall receive from my self and the superior Officers of the Army according to the Discipline of War Given c. After which the House entred upon the Debate of the Ordinance Ordinance to raise the Train Bands Assented to by the Lords for Enabling the Earl of Essex and Holland to raise the Trained-Bands And after a long Debate it was Assented to with some little Alterations and so sent down to the Commons It was this day Ordered That the Justices of Peace Order to put the Laws in Execution against Recusants and Depaty-Lieutenants and all other His Majestie 's Officers and Ministers in every County shall take Care to put the Laws in Execution against those Recusants That do not observe and obey the Order of this House made the 16th of this Instant November The Order was to Command them to depart from London to their several Places of abode in their respective Countries Mr. Wiseman the Remembrancer of the City of London No Priests to be found in the City gave the House an Account That there hath been a search made in London for Priests and Jesuits and they could find none but have Apprehended four Persons who refuse to take the Oaths of Allegiance and Supremacy Whereupon it was Ordered That the Recorder of the City of the said City shall Proceed against those Persons according to Law In the House of Commons Commons Vote a second Plot of the Army they fell upon the Business of the Plot of the Army and the several Examinations being read which were taken by the Deputed Lords were transmitted to the Commons The Examinations were Mr. Daniel O Neal's taken November 13. Sir Jacob Asteleys Examination Sir John Conyer's his Examination Sir Charles Lucas his Examination October 29. A Second Examination of Sir John Conyer's which was taken October 30 which was twice read as was also that of Captain William Legg taken the same day The Examination of Sir Foulk Huncks taken 29 of October upon which the House proceeded to this Vote Resolved c. That upon the Examinations now read there is sufficient Evidence for this House to believe That there was a second Design to bring up the Army against the Parliament and an Intention to make the Scotch Army stand as Neutrals It was Ordered That Sir John Hippeslley and Sir John Franklyn shall appoint some Guards with Halberts to stand in places most convenient for the safety of this place It was also Ordered That Mr. Oneal shall be allowed 5 l. per Week out of the Arrears of his pay from the time of his Committment for his present maintenance That Sir Simon Harcourt shall have 20 s. per diem above his ordinary pay as Commander of the Forces in Dublin and that 457.6.8 being a months pay shall be advanced for his Officers and 101 l. for providing of Halberts Ensigns and Partisans Orders were also issued from this House to the Sergeant at Arms attending the House to search for Priests and Jesuits as also to the Lord Mayor and Sheriffs of London to search diligently in the City this night The Lord Keeper did this day Report the Conference with the Commons Thursday Novemb. 18. That the House of Commons were of Opinion That there was reason enough for the Lords to joyn with them for securing the Persons of Popish Recusants and that they were not satisfied with their Lordships Answer at this time touching that business 1. Because they conceive the Popish Recusants are of as much danger The Commons Reasons for securing PoPish Recusants in the Country among their Friends and Neighbours of their Religion as they are here at this time especially when they have liberty to go abroad 2. That the Penalty is only against Convicted Recusants and the House of Commons desires it may be against suspected Persons and Favourers of Recusants 3. It would ask too much time to stay for the putting of the Laws in Execution at this time therefore the House of Commons desired that they may be secured by Imprisoning of their Persons and that for these Reasons 1. They always take security against the breach of the Peace if it concern only a private Person this is concerning the security of the whole Kingdom none is so fitting to be given as the Imprisonment of their Persons 2 That at this time they had reason to suspect the Papists and to secure them upon these Grounds 1 The Tye that lies upon their Consciences to secure the Kingdom when it is in so much danger 2 Considering the Rebellion now in Ireland for the Cause of Religion 3 Considering the Informations and Relations from sundry Parts of the danger of Recusants here and the Correspondency is conceived they have with the Business in Ireland 4 Considering both Houses had joyned by Ordinance to disarm Recusants according to Law This the House of Commons said had been done formerly upon Suspition of Danger as in 88. The House of Commons intend this should extend to the most Chief and Active Recusants of the greatest Quality and Danger a List of such Names as they desire may be secured they will bring up very speedily and they intend they should be as Hostages for the Peace and Security of the Kingdom no hurt being meant to their Persons If this were not done the House of Commons said They could not Answer for the Safety of the Kingdom Next was reported the Reasons of the Commons why they desired that the Government of the Isle of Wight being of so great Importance to this Kingdom may be Sequestred for the present into another Hand Because the Earl of Portland 's Father Mother and Wife were and are Recusants and that a Sister of his married a Recusant and if these Reasons did not satisfy their Lordships The Commons Reasons for removing the E. of Portland from the Government of the Isle of Wight The E. of Portland's defence they desired Liberty to bring up other
sorry for having administred unto their Lordships any Occasion of so high an Offence by letting fall Words touching the Bible of the Church of England and protesteth that his Design was not to affront their Lordships or the professed Religion of this Kingdom and he did assure their Lordships That as all Catholick Subjects have ever done so he did neither refuse to swear upon the English Bible nor held himself disobliged to Answer truely whatsoever was Demanded He therefore humbly beseecheth their Lordships to Pardon his great Offonce upon this his humble Submission and Acknowledgment and to grant his Inlargement assuring their Lordships he is most willing and ready not only to depose the Truth as by his Oath he is bound in whatsoever shall be Interrogated in this particular Cause but also shall ever Pray c. Upon which their Lordships sent a Message to the Commons giving them an account of this Petition and to let them know that having given this Satisfaction they were inclined to Pardon him but will not release him out of his Imprisonment before they had acquainted them therewith according to their Lordships former Ingagement Sir Henry Vane brought up a List of the Names of such Papists as the House of Commons desired should be secured as also an Order for the Lord Admiral to set forth 4 Ships for the Service of Ireland in which they desired the Lords to joyn with them Then were read two Letters from the Lords Justices in Ireland Letters from Ireland dated Nov. 13th 1641. the one to the Lord Keeper the other to the Lord Lieutenant the Purport of which was That some Ships may be appointed to Guard the Coasts of Ireland That the Rebels have taken divers Houses and Castles That they have spoiled the County of Cavan and have made a Remonstrance of the Ground of their Revolt They desire that 10000 Foot and 1000 Horse with Arms and Munition and 100000 l. be presently sent them with a Supply of Victuals and Oats for Horses And lastly they presented an Examination of one William Shales taken the 10th of November upon Oath ministred by the Clerk of the Council of Ireland by Direction of the Board which Examination was read in the House as followeth WIlliam Shales Shales's Accusation of Sir Henry Beddingfield of Oxborough Hall in Norfolk Sergeant of the Foot Company under the Command of Sir Arthur Loftus Knight saith That about the latter End of April last he being then in Norfolk at Oxborough Hall in the House of Sir Henry Beddingfield the said Sir Henry hearing that this Examinant was lately come out of Ireland sent for him in to his Garden whither when he came he found the said Sir Henry walking with one Poole whom this Examinant supposeth was a Priest and saith That as soon as he came into the said Garden the said Sir Henry asked him whether he knew how the state of Ireland then stood To which the Examinant said That he thought that all things were quiet and at Peace there Why quoth Sir Henry doth the Army there do nothing To which the Examinant Replied That they carried themselves quietly and that any man might walk in Ireland with a Thousand pounds and a Wand only in his hand He saith also That the said Sir Henry told him That he was about to take a House in Kilkenny of one of the Butlers for that there was no safety in England for any of his Religion and asked of the Examinant Whether there were any good Hawking thereabouts To which the Examinant said That there was Then the said Sir Henry said That now his Mind was altered and that he meant to stay in England and added That he did believe that before Christmass Day next there should be seen such Combustions in England and Ireland as the like were never seen before and thereupon Cursed the Scots as Authors of these Troubles Jurat Coram nobis Ja. Ware Rob. Meredith William Shales Whereupon it was Ordered That Sir Henry Beddingfield should be sent for in safe Custody by the Gentleman Vsher of the House and none permitted to speak with him but in the presence of the Messengers and that his Study should be sealed up by the two next Justices of the Peace till the further Pleasure of the House be known Sir Thomas Barington brought up a Message from the Commons to desire that Phillips the Priest may not be released of his Imprisonment until they be first made acquainted with it To which the Lords assented and appointed the Earl of Dorset the Queens Chamberlain to give her Majesty an account of these proceedings The List of the Prime Papists who were desired to be secured by the House of Commons Next the List of Recusants Names were read which the House of Commons desire may be secured which were as follows In the County of Lancaster Mr. Preston of the Mannor Mr. Clifton of Litham Mr. Chorley Sir William Gerrard Mr. James Anderton of Clayton Sen. Mr. Blundel of Crosby Mr. Robert Cranfield of Robbs Hall Sir John Talbott Sir Cecil Trafford Mr. Hugh Anderton of Eurton Sir Alexander Barlow In the County of Stafford Sir Richard Fleetwood Baronet Mr. Jo. Wells of Horecross Mr. Dreycott of Painsley Mr. Peter Gifford of Chillington Mr. Tho. Leveson of Ashburn Mr. Francis Harcott In the County of Southampton Lord Stourton Mr. Gage of Bawbridge Mr. John Bishop of Pilewell Lord Baltimore Mr. William Owen of Abberston John Arundell Esquire In the County of Sussex Lord Viscount Mountague In the County of Warwick Robert Throgmorton Esquire Mr. Morgan of Weston Mr. William Sheldon of Weston Sir Charles Smith In the County of Montgomery Sir Piercy Herbert Knight In the County of Worcester The Earl of Shrewsbury Francis Hanford Esquire Mr. Walter Blunt Edward Sheldon Esquire Mr. William Abbington Jun. In the County of Chester Mr. Poole of Poole Mr. Starkey of Darley Mr. Stanley In the County of Monmouth The Earl of Worcester Sir Charles Sommersett Mr. Morgan of Llantern In the County of Pembroke Sir Nicholas Lewis In the County of Suffolk Sir Robert Rookwood In the County of Salop. Thomas Vnton Esquire In the County of Northumberland Roger Widdrington Esquire In the County of Northampton The Lord Brudnell Mr. Poulton Mr. Sanders In the County of Dorsett John Webb of Cansford In the County of Lincoln Sir John Thimbleby Knight Ralph Evers of Washingborough Mr. Townley of Norton Edmond Thorold of Hough Esq Anthony Mounson The Lord Harris Lord Arundel of Wardour Sir Kenelm Digby Sir John Symonds Sir John Winter Sir William Mounteth Lord Herbert Sir Robert Lyme Sir Basil Brook Sir Alexander Gordon Sir William Mounson Sir Henry Gifford After which it was Ordered That the Consideration of this List should be debated upon Munday following In the House of Commons they were still upon the great work of the Declaration of the State of the Kingdom which was not so smoothly carried but that it met with great Opposition even
Law and immediately sent down to the Commons by Serjeant Finch and Serjeant Glanvile A Message was sent to the Commons to let them know That the Queen hath desired the Inlargement of Phillips the Priest and that the Lords being satisfied with his Submission and having nothing against him further depending in their House are inclinable to release him but resolved according to their Engagement to let the House of Commons be first acquainted with it Upon which the Commons made this Answer That they desire he may be continued still in his Restraint in regard he is a Priest and complained of for seducing his Majesties Subjects Several Bills were sent up to the Lords two private ones a third for the laying down of the Privilege of Parliament concerning Protections in some Cases c. a fourth for the Forfeiture of the Lands of John James who stabbed Justice Heywood at White-Hall and for his further Punishment c. An Ordinance was also brought into the House of Commons for reimbursing the City the 50000 l. last borrowed and the 50000 l. formerly lent to the Peers in the Northern Expedition The Commissioners being now returned from Scotland Wednesday Novemb. 24. The Commissioners return from Scotland the Lord Keeper was commanded in the Name of the House of Lords to let the Lord Howard of Eskrik know That the House doth acknowledg that his Lordship hath very carefully and faithfully discharged that Trust which this House reposed in him in his Imployment in Scotland as a Committee for this House for which the House gives his Lordship Thanks and will be ready upon all Occasions for his Good to Recommend him to the King The House of Lords being Yesterday adjourned in regard they were informed of his Majesties coming from Scotland Thursday Novemb. 25. sate not till Friday and that it may a little recreate the Reader who may well be tired with so much Tragedy and the repeated Troubles of Rebellions Plots and Conspiracies of which this unhappy Age was so Fertile I will present him with the short Sun-shine of that Days Solemnity which hath so often been resembled to the Treacherous Hosannas which preceded the Crucifixion of the Glorious Redeemer of the World and not without Reason for while he made that short Ovation in London the Scribes and Pharisees of the Faction at Westminster were in Consultation of that Remonstrance which was to crucify his Reputation and was the first bold Step to the taking away his Crown and Life Notice having been given of his Majesties Return this day to White-Hall the Nobility Gentry Lord Mayor Aldermen and Recorder The King returns from Scotland and the-manner of his Reception by the City with many of the Principal Citizens went to attend his Majesty and Conduct him to the City So soon as they met him Mr. Recorder of London Addressed himself with all due Respects to his Majesty in this congratulatory Speech May it please Your Majesty THis is a day of Exceeding great Joy to your Citizens of London Mr. Recorder of London's Speech to the King at his return from Scotland joy exalted to the highest degree to see you return in safety after a long absence and to see this happy meeting with your Dearest Consort our good and gracious Queen and with these blessed Children that are the Fruits of your Loves and Pledges to us of a fruitful and hopeful Succession I can truly say this from the Representative Body of your City from whence I have my Warrant they meet Your Majesty with as much Love and Affection as ever Citizens of London met with any of Your Royal Progenitors King or Queen of this Kingdom and with as hearty a desire to shew it self fully Pardon their failers where you meet with any We tender unto You no formal Present it would but lessen us whatever it were I am sure it would be far short of our meaning but we present unto You our hearts and affections hearts of true Subjects full of Loyalty to You our King and Sovereign 'T is true in this we offer Your Majesty but your own they were by just right Yours before but upon this new and enlivening occasion be pleased to take them as a new gift we offer them chearfully vouchsafe to accept them graciously and with the Influence of those Excellent and Princely Vertues which we know by great assurance to be eminent in Your Royal Person we doubt not but Your Majesty will continue the defence of our Establisht Religion and the clear Current of Justice through all the Streams of which Your Majesty is the Royal Fountain Vouchsafe likewise to uphold and countenance that Ancient Form and Frame of Government which hath been long Established in the City that Power and Authority of Yours which You have committed to Your Lord Mayor your true and faithful Subject and Servant and the fit reverence and respect due to the Aldermen his Brethren who are to assist him in his Government we shall be thereby the better enabled to serve Your Majesty and constantly to render to You the Fruits of a true Obedience And as our Duty binds us we shall never cease to Bless You and Pray for You and Your Dearest Consort our gracious Queen and for this Your Royal and Princely Off-spring for Your Majesties long Life and prosperous Reign over us in Peace and Glory and with full contentment And I doubt not but every true Subject will joyn with us in this and say Amen These Expressions of Joy of Love of Loyalty and these hearty wishes and desires which I have mentioned I meet with every where from your Citizens of London they are the soft and still Musick prepared for Your Majesties Welcom and Entertainment this Day The joyful Acclamations of Your People upon the sight of your Royal Person will make it louder and all chearfully bearing their agreeing parts together shall I hope this Day make up to Your Majesty a full and pleasing Harmony To which His Majesty immediately returned this Gracious Answer Mr. Recorder I Must desire you The King's Answer to the Recorder of London's Speech because My Voice cannot reach to all those that I desire should hear Me to give most hearty thanks to all the good Citizens of London for their hearty Expressions of their Love to Me this Day And indeed I cannot sufficiently express the contentment I have received therein For now I see that all these former Tumults and Disorders have only risen from the meaner sort of People and that the Affections of the better and main part of the City have ever been Loyal and Affectionate to My Person and Government And likewise it comforts Me to see That all those misreports that have been made of Me in My absence have not the least power to do Me prejudice in your Opinions as may easily be seen by this days Expressions of Joy And now I think it fit for Me to assure you That I am returned with as
hearty and kind Affections to my People in general and to this City in particular as can be desired by loving Subjects The first I shall express by governing you all according to the Laws of this Kingdom and in maintaining and protecting the true Protestant Religion according as it hath been Established in my two famous Predecessors times Queen Elizabeth and My Father * * Too Prophetically spoken and this I will do if need be to the hazzard of My life and all that is dear unto Me. As for the City in Particular I shall study by all means their prosperity And I assure you I will singly grant those few reasonable demands you have now made unto me in the Name of the City and likewise I shall study to re-establish that flourishing Trade which now is in some disorder amongst you which I doubt not to effect with the good assistance of the Parliament One thing I have thought of as a particular Affection to you which is to give back unto you freely that part of London-Derry which heretofore was Evicted from you This I confess as that Kingdom is now is no great Gift but I hope first to recover it and then to give it to you whole and intirely And for the Legal part of this I command you Mr. Recorder to wait upon me to see it punctually performed I will end as I began to desire you Mr. Recorder to give all the City thanks in better Expressions than I can make Though I must tell you it will be far short of that real contentment I find in my heart for this real and seasonable Demonstration of their Affections to me Sir Richard Gurney the L. Mayor and the Recorder Knighted His Majesty having ended this gracious Speech was pleased to confer the honour of Knighthood upon the Lord Mayor and Mr. Recorder with the City Sword and both their Majesties gave them as also the Aldermen City Council and Officers the honour of kissing their Royal hands This Ceremony being over His Majesty and the Prince alighted out of the Coach and took their Horses the Queen Duke of York Princess Mary Prince Elector and the Dutchess of Richmond still remaining in their Coaches In the mean time by the care and pains of the two Captains of the Companies and of the three Marshals that were appointed for this days Service the 500 Horse-men of the Liveries and their Attendants were brought in Order and the Command being given faced about in order to the conducting of their Majesties into London which brave appearance gave great satisfaction to His Majesty and the rest of that Illustrious Company The whole Cavalcade was Marshalled in this Order The City Marshall The Sheriffs Trumpeters The Sheriffs Men. Messengers of the Chamber Citizens in their Velvet Coats and Chains The City Councel and Officers The Aldermen The Princes Trumpeters The King's Trumpeters Gentlemen of the Privy Chamber Knight Marshal Pursivants at Arms. The Lord Chief Justice of the Common-Pleas being a Knight of the Privy Council Barons Lord Goring Lord Coventry Lord Fielding Lord Digby Lord Moubray Viscount Conway Heralds Earls Earl Rivers Earl of Bath Earl of Cumberland Earl of Essex L. Chamberlain of the King's House Duke of Richmond Clarencieux and Norroy Lord Keeper Lord Privy Seal Sergeants at Arms among whom one for the City Quirries and Foot-men The Prince's Highness Quirries and Foot-men Garter The Lord Mayor carrying the Cities Sword by His Majesties special appointment as a grace and favour at this time A Gentleman-Usher daily waiting Lord Great Chamberlain Marquess of Hertford bearing the Sword of State Earl Marshal The King's Majesty The Queens Majesty in her Coach richly Embroydered and with her the Duke of York the Princess Mary and the Prince Elector Marquess Hamilton Master of the Horse leading the Horse of State The Earl of Salisbury Captain of the Pensioners The Gentlemen Pensioners with their Pollaxes all mounted with Pistols at their Saddles The Earl of Holland Lord General beyond Trent and after him Viscount Grandison with many other principal Commanders in the late Northern Expedition After them divers Ladies and other Persons of Great Quality The Yeomen of the Guard In this Order they marched towards London and entred the City at Moor-gate where their Majesties were welcomed with a noise of Trumpets appointed to attend there to that purpose from which place to Bishops-gate and so through Corn-hill to St. Laurence Lane's End in Cheap-side the Companies in their Liveries stood on the left hand as their Majesties passed by the Rails of the Standings being covered with Blew Cloth and the Standings themselves being richly adorned with Banners Ensigns and Pendants of the Arms of each Company respectively Nine Companies of the Twelve standing in the Morning the Lord Mayor's Company beginning against St. Laurence Lane's End and the other Eight in their Order towards Bishops-gate the rest of the way to Moorgate being supplied by some of the inferiour Companies the outsides of the Houses all the Way their Majesties passed being adorned with rich Tapestries On the North side of the Street four Foot distant from the Houses were Rails placed to regulate and keep the People in good Order from Bishops-gate to Corn-hill and so to Temple-Bar at the beginning of which Rails viz. at Bishopsgate by the direction of the 2 Captains and 3 Marshals the first Horse-men of the Liveries began to make a Stand the first Rank of them placing themselves single faced to the Liveries that were in the Standings and the rest passing along placed themselves in the same Order The Trumpets and Pendants of each Company standing in the Front and then the Companies themselves the youngest being next to the Pendant and so upwards by Seniority to the Master of the Company who took his place last Then began the Pendant and Youngest of the next Company to make their Stand and so in Order till they came to St. Laurence Lane's End there being five Foot distance from one Horse to another in which space stood each Horse-man's Foot-man with a Truncheon in his hand so making a Guard for their Majesties and the rest of the Train to pass through And it fell out that most of the Companies of Horse were placed right against their own Companies in the Standings The People that were Spectators in the Streets were bestowed part behind the Horse and part behind the Liveries and by this good Order their Majesties and the whole Train passed quietly and without the least interruption Their Majesties coming along Corn-hill seven Trumpets that were in the Clock-house of the Royal Exchange gave their second welcom into the City and as they passed along the Conduit in Corn-hill and the great Conduit in Cheapside ran with Claret Wine to express the Liberality of the City for that Joyful Day And all the Way as their Majesties passed along the Streets resounded again with the Loud and Joyful Acclamations of the People crying God bless and long
to the Custom of that Nation he told him that he had not deserved to be distrusted by him who could not but remember that when he was accused to him of High Treason yet he permitted him even then to lye in his Bed Chamber this made Hamilton outwardly appear much troubled for having given the King so just occasion of Displeasure but his great Interest in the Faction formerly mentioned out of the Earl of Manchester's Memoires notwithstanding all that hath been said by an able Pen in vindication of him seems not able to guard his Innocence from the common Fame which went of him that he betrayed the greatest Secrets of the King to the Junto which managed the two Houses of Parliament and that by the opportunity of being of the Bed-Chamber he took the Letters out of the King's Pockets and from them gave Informations of several things to the Party much to the disadvantage of the King's Affairs There is another thing which I cannot omit which is a Letter of His Majesties to Mr. Nicholas Clerk of the Council from Edinburgh which I found in the Paper Office which was as follows I Hear it is reported That at my Return The King's Letter to Mr. Nichols Clerk of the Council of his Resolution to maintain the Church of England I intend to alter the Government of the Church of England and to bring it to that Form as it is here Therefore I Command you To assure all my Servants that I will be constant to the Discipline and Doctrinâ— of the Church of England Established by Queen Elizabeth and my Father and that I resolve by the Grace of God to die in the maintenance of it Edinburgh Oct. 18. 1641. Charles R. Having made this little Holiday with the short gleam of Sun-shine in His Majesties Affairs we must now return to the old Trade again of diging the Quarries of Rebellion The King having sent for the Lord Keeper Friday Novemb. 26. the House gave him leave to attend upon his Majesty and appointed the Lord Chief Justice of the Common Pleas to be Speaker of their House till he returned Upon his return he informed the House That his Majesty had Commanded him to let their Lordships know That whereas he intended this day to have come to this House his Majesty is diverted upon some important business at this time and withal he is very hoarse with a Cold but his Majesty intends very shortly to come to this House The Lord Chamberlain signified to this House E. of Essex delivers up his Commission of Cap. General on the South-side of Trent That the King being returned home his Lordship hath delivered up his Commission of Captain General of the South Parts of this Kingdom into his Majesties Hands so that his Lordship cannot now take any Order for the Guarding of the Parliament as was Ordered by the Parliament therefore he desired their Lordships to consider of what Course is fit to be taken herein he having now no Power to obey their Commands Hereupon it was Resolved to communicate the matter to the House of Commons at a Conference which was done accordingly The Lord Keeper declared A Message from the King concerning Guards of the Parliament That he had received a Command from the King that the Houses should be made acquainted That His Majesty hearing that the Parliament have appointed Guards for securing the Houses he presumes they did it upon some Reasons but his Majesty not knowing any Reasons It is his Majesties Pleasure That the said Guards be dissolved for now his Majesty hopes that his Presence will be a Protection to the Parliament But if there be Occasion and his Majesty sees Reasons for it he will be very forward to take Care there be sufficient Guards to secure the Parliament Which was also ordered to be added to the Conference which was to be with the Commons In the Commons Journal there is the same Message with this addition That if need be to have a Guard hereafter his Majesty will be as glad to have a Guard as any other A Message was also sent by George Goring Esq To let their Lordships know That the House of Commons desire their Lordships would be pleased to send some few Lords to Petition his Majesty in the name of both Houses That the Guards may be continued still and they will within a few dayes bring up some Reasons to satisfie his Majesty for the same For the debating of this the House was adjourned into a Committee during pleasure and the House being Resumed it was put to the Question Whether this Question should be put viz. Whether this House shall joyn with the House of Commons to Petition the King that the Guards may be continued for some few dayes within which time there may be some Reasons given for the further continuance of them And it was Resolved upon by the major part in the Negative Then the House agreed That the Message brought from the House of Commons should be the Question â—â—d be put in Terminis as it came up from them and the Lord Keeper was appointed to write as near as he could remember the very Words of the Message which his Lordship having read the House did conceive some words were Dubious for the satisfying whereof the Messengers of the House of Commons were called in and the Lord Keeper sitting in his place upon the Woolsack told them That there was some doubt of some Words in the Message which the House desired to be satisfied in and then the Lord Keeper going down to the Barr as Usually he does when he receives Messages the Messengers of the House of Commons repeated their Message again and the L. Keeper being returned to his place as Speaker reported the said Message in these Words viz. That the House of Commons desired that their Lordships would send some Lords to the King in the Names of both Houses To beseech his Majesty to continue the Guards till they may satisfie his Majesty of the Reasons why they conceive it necessary to have a Guard which they intend to do within a few dayes And then it was Resolved upon the Question by the Major part That this House doth joyn with the House of Commons in their desire And the Earl of Warwick and the Lord Digby were Ordered to attend his Majesty to move him in it according to the Message Saturday Novemb. 27. Reasons against single Troops for forming the Cavalry into Regiments The Lord Kimbolton Reported from the Committee for Irish Affairs a Paper containing the Reasons of the Assistants to the Committee for the Forming the Troops of Cavalry into Regiments under Colonels and Sergeant Majors 1. By reason of the continual Debate that would otherwise arise among the Officers and their want of Obedience of one to another 2. For the more speedy way as well in issuing as receiving the Orders for the better Executing of any Commands whatsoever 3. For the Exact
left that Nation a most peaceable and contented People So that although I have a little misreckoned in Time yet I was not deceived in My End But if I have deceived your expectations a little in the time of My return yet I am assured that My expectation is as much and more deceived in the condition wherein I hoped to have found some businesses at My return For since that before My going I setled the Liberties of My Subjects and gave the Law a free and orderly Course I expected to have found My People reaping the Fruits of these benefits by living in quietness and satisfaction of mind But instead of this I find them disturbed with Jealousies Frights and Alarms of dangerous Designs and Plots in Consequence of which Guards have been set to defend both Houses I say not this as in doubt that My Subjects Affections are any way lessened to Me in this time of My absence for I cannot but remember to My great comfort the joyful reception I had now at my Entry into London but rather as I hope that My presence will easily disperse these Fears For I bring as perfect and true Affections to My People as ever Prince did or as good Subjects can possibly desire And I am so far from repenting Me of any Act I have done this Session for the good of My People that I protest if it were to do again I would do it and will yet grant what else can be justly desired for satisfaction in point of Liberties or in maintenance of the True Religion that is here Established Now I have but one particular to recommend unto you at this time it is Ireland for which though I doubt not your care yet methinks the preparations for it go but slowly on The occasion is the fitter for Me now to mention it because of the Arrival of two Lords from Scotland who come instructed from My Council there who now by Act of Parliament have full Power for that purpose to Answer that Demand which it pleased both Houses to make of Me by way of Petition that met Me at Berwick and which the Duke of Richmond sent back by My Command to my Scotch Council Therefore My desire is That both Houses would appoint a Select Committee to end this business with these Noblemen I must conclude in telling you That I seek My Peoples Happyness For their Flourishing is My greatest Glory and their Affections My greatest Strength The King having Ended his Speech he departed and the Commons returned to their House Bishop of Hereford excused from paying some part of his Pol-mony Upon the Petition of the Bishop of Hereford It was Ordered That he having paid 60 l. for Poll-money shall be freed from any further Payments for the same and shall not pay after the Rate of Tenths because he is freed from paying of Tenths under the Great Seal of England and that upon good and valuable Considerations divers Mannors having been taken from the Bishoprick of Hereford in the beginning of the Reign of Queen Elizabeth Judges Report the Statutes in force against Riots Routs c. The Lord Chief Justice of the Kings-Bench Reported That the Judges have considered the Laws and Statutes of this Kingdom for preventing of Riots Routs and unlawful Assemblies and they are of Opinion That the best way is to issue forth Writs according to the Statute of 2 H. 5. cap. 8. Which Statute was presently read and it was Ordered That the Lord Keeper should forthwith issue forth Writs to the Sheriffs and Justices of the Peace of the City of London and the Counties of Middlesex and Surrey and to the Justices of the Peace of the City of Westminster according to the aforesaid Statute concerning Riots Routs c. and the Judges to be advised withall for the Form of the said Writs But the Tumults found too much Countenance among the Faction in the Commons House The Tumults incouraged by the Faction of the Commons where they were indeed promoted and incouraged as is Evident by the adjournment of the consideration of them this day in their House that having been yesterday ordered to be debated and so they were adjourned de die in diem which plainly manifests the tenderness they had for the Bioters and the Use they intended to make of these Tumultuous and Unlawful Assemblies which was to Terrifie the Lords to a compliance with their desires in cutting off a Limb from the Body of their House by Excluding the Bishops as before they had by the same Method prevailed in passing the Bill to cut off the Wise and Noble Head of the Earl of Strafford Sir Ralph Hopton Reported The Report how the King received the Petition and Declaration That last Night in the Evening the Committee appointed to attend His Majesty with the Petition of the House of Commons and the Declaration annexed came to Hampton-Court and Sir Richard Wiâ—n I may name him upon this Occasion gave his Majesty Notice of our being there and within a quarter of an hour the King sent a Gentleman to call us in with Directions that none should come in but the Committee alone who did all of them present themselves upon their Knees and my self in obedience to the Order of the House in the Absence of * Sir Ed. Deering upon whom they had imposed this ingrateful Task he being now fallen into their displeasure another designed for that Service did begin to read the Petition kneeling but his Majesty would not permit us to kneel but commanded us all to rise and so read it the first Observation His Majesty made was at that part of the Petition that charges the Malignant Party with the design to change Religion To which His Majesty said with a great deal of fervency The Devil take him whomsoever he be that had a Design to change Religion I then proceeded and when I came to that part of the Petition for reserving the disposal of the Lands of the Rebels in Ireland c. his Majesty was pleased to say We must not dispose of the Bears Skin till he be dead After the Petition was read his Majesty desired to ask us some Questions we answered We had no Commission to speak any thing concerning this business Then said he you may speak as particular men and said Doth the House intend to publish this Declaration * And yet it was carried before against Printing it but by 124 to 101 Votes upon Munday 22 No. We answered We could give no Answer unto it Well then said He I suppose you do not now Expect an Answer unto so long a Petition And this let me tell you I have left Scotland well and in Peace they are all satisfied with me and I with them and thô I staid longer there than I Expected yet I think if I had not gone you had not been rid so soon of the Armies I shall give you an Answer to this business with as much
Consideration of the House by which means I may hope of some satisfaction but this is totally left to your Honor's Consideration as opportunity offers and your Honor thinks fit in your own Judgment Thus humbly Craving pardon for this great Presumption I can safely say no man lives that is more Your Honors most humble Servant William Lenthall The Lord Keeper being indisposed Saturday Decemb. 1. craved leave of the House to retire for some time for the Recovery of his health which being granted this day the Lord Chief Justice of the Common-Pleas by the Command of the House sate as Speaker the Lord Privy Seal having performed the Office for some part of the day preceding And little of moment passed this day more then that the Lord Chamberlain was appointed to move his Majesty to Command the Sheriffs of the several Counties through which the Arms and Munition were to pass to Chester to take Care of the Safe Guarding of them In the Commons House Mr. Chillingworth sent to the Tower for words spoken in the House Chillingworth a Member was sent to the Tower for speaking some words which gave offence to the House by declaring his judgment in offering at his Instances concerning deposing of Princes It was too early day yet to broach these Doctrines and the Gentleman was to be made an Example for this rash Intemperance of his Tongue and certainly the Faction could not if it had been a forelaid occasion have done themselves a more Serviceable and Popular kindness for this was to let the whole Nation know that they had such a tenderness of Loyalty and Duty for the King that their chast Ears could not indure the ingrateful sound of Deposing Kings though in Instances of the remotest distance and then the natural Consequence of this must be That they who had such aversions and abhorrency to Treasonous Positions and Presidents at such a Distance could have no evil Intentions against their King though they asked of him to divest himself of the Power of the Sword and other Royal Prerogatives and in effect all that made him an Actual or more then a Titular King Mr. Daniel O Neal was this day again Examined concerning the Plot of bringing up the Army against the Parliament The consideration of the Tumults was this day also put off again Little was done this day in the House of Lords Monday Decemb. 6. more then reading of the Bill for Captives taken by Turkish Pyrats and the Bill for Raising Men for the defence of England and Ireland which received many alterations and amendments which were to be delivered to the Commons at a Conference In the Commons House Mr. Glyn Reported from the Committee the Reasons to be offered to the Lords for admitting this House to bring their proof against the 13 Bishops formerly Impeached That the Committee conceive this Course to be most fit to be held in the management of this Conference The Reasons of the Commons to come to a hearing against the Bishops notwithstanding their Demurrer to make a Narration of the Proceedings since the first Impeachment and of the Votes of both Houses concerning the Canons First That it is Voted by both Houses That the Canons c. made by the late Convocation do contain in them matters contrary to the King's Prerogative to the Fundamental Laws of the Land against the Liberty of the Subject the Property of their Estate and tending to Sedition and of dangerous Consequence That these Canons being thus Voted by both Houses of Parliament and to bring the Principal of the Persons in the making of those Canons to Judgment according to their demerit The House of Commons did the 4th of August last by word of Mouth Impeach at the Bar of the House of Lords these 13 Bishops by name and then desired That they might be put to Answer in the presence of the Commons That because some Objections were made That that Impeachment was too general the House of Commons did the 13th of the same Month Impeach the said Bishops at the Bar of the Lords House and this Impeachment to be read at the Conference which did declare That All and every the said Canons c. were and are contrary to the King's Prerogative and the Fundamental Laws of the Land c. And were so contrived made and promulged by them c. And that therefore they might be put to Answer in the presence of the Commons That in both these Charges the Commons did desire that the 13 Bishops might be put to Answer in the presence of the Commons That afterwards the Bishops had several days given them to Answer and at last the 10th of November last was appointed peremptorily unto them to Answer That when the 10th of November came these Bishops put in a Writing which they call A Plea and Demurrer which Writing the Lords sent down to the House of Commons upon notice of which Writing which they term A Plea and Demurrer wherein they neither confess nor deny the Fact this House did desire the Lords to appoint a Day when they might come and make good their Charge against them That the Lords sent a Message to this House that they had Ordered to Morrow to hear the Council of the Bishops upon their Plea and Demurrer and that such Members of this House as the House shall think fitting may be there present This for the matter of the Narration That upon this the Committee have drawn these Conclusions That it appeareth by the Message from the Lords they were Impeached 4to Augusti and that divers days were given them to Answer and peremptorily the 10th of November 1641. That they made no Answer but put in a Plea and Demurrer as they call it And that therefore their Demurrer ought not to be admitted because their Defence ought not to be made to the Impeachment of the House of Commons but in their presence and that the Commons ought to be thereunto called And that in all Courts of Justice it is so that the Party concerned ought to be called to all Answers Pleas and Demurrers for otherwise mistakes might arise which by being present might be rectified as in this Case for if the Commons had been present when the Bishops made their Answer there would not have been that mistake for that upon search it appears in the Lords Book that the second Impeachment whereby all Arguments of incertainty were taken away and which supplied any defects in the first as in this particular All and Every the said Canons were so Expressed in the second Charge and yet not so entred in the Lords Book of Journals which would have been rectified if the Commons had been present at their Answer So in regard of this inconveniency the Commons ought to have been admitted to be there present Next that the Charge consisting of meer matter of Fact not done above a year before they ought to be called to Answer to the matter of Fact and
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
against the Peace and the Crown and Dignity of their Sovereign Lord the King have Assembled by thousands under Pretence of Petitioning against Bishops Evil Counsellors c. as now they did Saturday Decemb. 11. The Lord Keeper this Day signified to the House of Lords That His Majesty had Commanded him to deliver this Message to both Houses That whereas formerly he had acquainted both Houses with the Desire of the French Ambassador That eight Romish Priâ—sts convicted at the Sessions might be Reprieved and Banished at this time because it may concern the Business of Ireland and that his Majesty had desired the Advice of both Houses therein of which his Majesty hath not yet received any Answer His Majesty therefore puts the House in mind thereof and desires an Answer in regard that on Munday next is the Day for Executing of those that are convicted which are seven Priests one of the eight being acquitted upon the Tryal Upon which the Lords sent a Message by Sir Edward Leech and Dr. Bennet to desire a Conference concerning this Matter to which the Commons returned Answer That they will send an Answer by Messengers of their own in convenient time The Bill Intituled The Bill for relief of Captives at Algiers passed the Lords House The Bishops by their Councel adhere to their Plea and Demurrer An Act for the Relief of the Captives taken by Turkish Moorish and other Pirates and to prevent the taking of others in time to come being read a third time and put to the Question It was Resolved To pass as a Law This Day being appointed for the 13 Bishops that are Impeached by the House of Commons for making the Canons and Constitutions and for Granting a Benevolence contrary to Law to make their Answers to the Impeachment their Councel were called in and the Impeachment was read Then the Lord Keeper demanded of them Whether the Bishops will abide by their Plea and Demurrer or make their Answers The Councel Answered That the 12 Bishops do resolve to adhere to their former Plea and Demurrer only they have waved one Branch of their Demurrer which was to the generality of the Charge which appears to be particular Hereupon the Councel withdrew and the House Ordered That the Lords the Bishops that are Impeached shall be heard by their Councel on Monday next touching the Maintaining of their Plea and Demurrer and that the House of Commons have Notice herein that they or some of their Members whom they shall appoint may be present if they please And to this purpose a Conference was sent to be desired by Serjeant Whitfield and Serjeant Glanvile Then the Lord Lieutenant of Ireland produced a Paper which was given by the Scots Commissioners to the English which being read was in these words OVt of the Sense of our Duty we owe unto his Majesty and the true Affection which the Kingdom of Scotland bears to the Kingdom of England We are willing to contribute our best Assistance for the speedy Relief of those distressed Parts of Ireland that lye nearest us Therefore in the Name of the Kingdom of Scotland we make Offer of 10000 Men for that Service which is conceived to be the least Number can be for secureing themselves and reducing the Rebels in the North of Ireland to the due Obedience of his Majesty and the Crown of England This Offer is upon such particular Conditions as in the Progress of this Treaty we shall agree upon which may be for the Honor of our Nation and the Safety and Good of the Army imployed in the Service This being done the Lord Lieutenant declared That his Majesty being made acquainted with this Proposition was willing they should Treat for 10000 Men the House assented to give Power to the Commissioners to Treat accordingly The Commons fell this Day upon the Matter of the Guards and the Justices of the Peace for Middlesex being called in and demanded by what Warrant or Authority they caused those Guards to be set they made Answer That what they had done in this Matter was in Obedience to his Majesties Warrant to them directed Then the Under-Sheriff was called in and Examined also concerning the setting of the Guards who affirmed That the Writ was granted forth by direction of the House of Lords and with the Advice of the Judges They being withdrawn upon the Debate of the Matter the storm for the present fell only upon Mr. Long who had signed the Warrant for the Guards Mr. Long a Justice of the Peace sent to the Tower about the setting of a Guard without the Consent of the Parliament and the Question being put Whether Mr. Long should be put out of the Commission of the Peace The House was divided upon it with the No were 94 with the Yea 90 so it passed in the Negative and he was by the Vote of the House sent to the Tower For that He the said Mr. Long in his Warrant had exceeded the Authority given him by the Writ and had directed Constables and Sitting the Parliament had sent down Armed Men to the Parliament never acquainting the Parliament with it A Committee was also appointed to Examine the business concerning the raising and sending armed men to the Pallace at Westminster The Message from the Lords about the King's desire to know the Answer of the Parliament concerning Banishing the Condemned Priests at the Request of the French Embassador was read and it was singly Voted upon these following Resolved That Hamon Jo. Rivers alias Abbot Walth Coleman Priests voted to be Executed and Turnor Priests shall be put to Execution according to the Laws Sir Phillip Stapleton Reported That the Scots Commissioners had shewed their Authority to Treat to Assist us with 10000 Men upon such Conditions as should be agreed We told them Vpon this Proposition we could not Treat with them for that our Commission was only to Treat for 5000 Men They wished us to acquaint the King with it so according to our Duty we waited on his Majesty who Expressed a great deal of Desire and Affection in the furthering of this business and said he had referred it to the Parliament and would grant a Commission to treat with them for 10000 Men. Whereupon the House assented to it A Petition of some Aldermen and Common Council-men and Subsidy Men of the Factious part of the City of London and Suburbs was this day presented to the House of Commons which being read the Petitioners were called in and Mr. Speaker in the Name and by the Order of the House acquainted them That the House took their Petition in good part and returned them Thanks for their Respects to this House and readiness to supply the Publique and that in convenient time the House will take their Petition into Consideration Some of them then desired they might have leave to speak something to the House whereupon they were ordered to withdraw and the House upon the Debate having resolved
and procure Her Majesty that by her consent and direction it may be published and declared That Her Majesty doth Abhor and Detest the Perfidious and Traiterous proceedings of the Rebels in Ireland The Fifth Paper was a Certificate from the Council of Ireland A Certificate from the Lords Justices of Ireland for contribution to the poor Protestants shewing That forasmuch as the City of Dublin is not able to entertain and nourish such Multitudes of distressed poor People who are stripped of all they have by the Rebels they thought fit to take up the Men to imploy them in His Majesty's Service in the Wars there and to cause the Women and Children to be Transported by Ship into England and do recommend them to the Charity of all good Christians desiring them that they will take some Commiseration of their Distress and great Necessity and extend some Relief towards them by making Contributions which Contributions they desire may be reserved and such a Course taken as that it may be sure to be imployed only to the Relief of the poor distressed People Dublin Nov. 15. 1641. William Parsons Jo. Borlase R. Bolton Canc. Ormond Ossory Jo. Temple The Sixth Paper was Motion for a Fast for Ireland That the House of Commons out of a deep sense of the Calamity of our Country-men and Brethren of Ireland and considering how all Success and Prosperity depends upon the Blessing and Favour of God do desire their Lordships to joyn with them in Petitioning his Majesty That there may be a publick Fast throughout the Kingdom and that His Majesty will be pleased to appoint a near day for the same to be kept by both Houses of Parliament and the City of London and the adjacent Parts and one other Day for other remote Parts of the Kingdom and because they have received a Certificate from the Lords Justices and others of His Majesties Council in Ireland concerning the miserable Want and Distress of the poor English being divers Thousands of all Qualities and Sexes That the House of Commons for the Relief of the Persons aforesaid have appointed a Collection in their own House to be made on Thursday next and they desire their Lordships to Order the like for their House that by the Example of Parliament the like Collection may be made in all the Parts of the Kingdom upon the Day of the Fast and the Money gathered to be disposed in such manner by such Commissioners as shall be appointed by both Houses for the Succour and Relief of these poor distressed People of Ireland The King came this day to the House of Lords and being sate in the Chair of State he commanded the House of Commons to be sent for who being come with their Speaker the King made this Speech to both Houses of Parliament as followeth My Lords and Gentlemen THe last time I was in this place The King's Speech to the two Houses concerning Ireland c. Dec. 14. 1641. and the last thing that I recommended unto you was the business of Ireland whereby I was in good hope that I should not have needed again to have put you in mind of that business But still seeing the slow proceedings therein and the daily dispatches that I have out of Ireland of the Lamentable Estate of My Protestant Subjects there I cannot but again earnestly commend the Dispatch of that Expedition unto you for it is the chief business that at this time I take to heart and there cannot almost be any business that I can have more care of I might now take up some of your time in expressing My detestation of Rebellions in general and of this in particular But knowing that Deeds and not Declarations must suppress this great Insolency I do here in a word offer you whatsoever My Power Pains or Industry can contribute to this good and necessary Work of reducing the Irish Nation to their true and wonted Obedience And that nothing may be omitted on My part I must here take notice of the Bill for Pressing of Soldiers now depending among you My Lords Concerning which I here Declare that in case it come so to Me as it may not infringe or diminish My Prerogative I will pass it And further seeing there is a dispute raised I being little beholding to him whosoever at this time began it concerning the bounds of this Ancient and Vndoubted Prerogative to avoid further debate at this time I offer that the Bill may pass with a Salvo Jure both for King and People leaving such debates to a time that may better bear them If this be not accepted the fault is not Mine that this Bill pass not but theirs that refuse so fair an offer To conclude I conjure you by all that is or can be dear to you or Me that laying away all disputes you go on cheerfully and speedily for the reducing of Ireland His Majesty having ended his Speech departed and the Commons went to their House The Lords conceived that the Fundamental Privileges of Parliament have been broken by the King 's taking Notice in his Speech this Day of the Debate in this House Exceptions taken at the King's Speech of the Bill for Pressing of Soldiers Nor were the Commons less moved then the Lords for as nothing was more welcom to the Faction then any matter with which they might charge the King as intrenching upon their Priviledges so they greedily laid hold upon this occasion and after they had Voted it a breach of Priviledge for the King to take notice of a Bill that is passing before it be presented to His Majesty by the Consent of Lords and Commons as likewise to prescribe Savings and Limitations to any Bills before they be presented a Message was sent up to the Lords by Mr. Hollis to desire a Conference by a Committee of both Houses so soon as may stand with their Lordships conveniency touching a thing most precious to their Lordships and the Commons the Priviledge of Parliament To which the Lords assented and the Conference being ended the Lord Keeper Reported the Effect of it in these words That the Priviledges of Parliament have ever been placed in a high Estimation with both Houses Lord Keeper reports the Conference concerning Breach of Privilege by the King in his Speech and have been enjoyed with great Affection not only as an Ornament but as a Right to have free Debate in matters of Parliament The House of Commons say That the occasion of this Conference grows from somewhat that fell from the King this Day in his Speech in full Parliament they say his Presence is an Occasion of Joy and would be so if it were not for mis-representations of things Acted and Debated in Parliament which is against the Indemnity of the Lords and Commons as 9 H. 4. His Majesty took notice of a Bill for the Pressing of Soldiers being in Agitation in the Houses and not agreed upon and did offer a Salvo Jure
Henry Vane Senior Knight Mr. Hollis Mr. Brown and Mr. Pym to draw up the same accordingly This Report being made and taken into Consideration the three Particulars concerning Privilege were Voted and it was 1 Resolved upon the Question Nemine contradicente Votes of the Lords and Commons concerning breach of Privilege by the King That the Privileges of Parliament were broken by his Majesties taking Notice of the Bill for suppressing of Soldiers being in Agitation in both Houses and not agreed on 2 Resolved upon the Question Nemine Contradicente That his Majesty in propounding a Limitation and Provisional Clause to be added to the Bill before it was presented unto him by the Consent of both Houses was a Breach of the Privilege of Parliament 3 Resolved upon the Question Nemine Contradicente That his Majesty expressing his Displeasure against some Persons for Matters moved in the Parliament during the Debate and preparation of that Bill was a Breach of the Privilege of Parliament The same Votes were also passed in the Commons House Then the Petition of the Lord Peirpoint was read as follows To the Most Honorable the Lords of the High Court of Parliament The Humble Petition of Henry Lord Pierpoint Humbly Sheweth THat whereas your Petitioner in heat of Debate L. Pierpoint's Petition let fall some unfitting Words which offended this Honorable House and drew upon him this Imprisonment Your Petitioner humbly confessing the Justice of his Restraint beseecheth your Lordships Pardon and pass over this his Offence and he shall ever acknowledge your Lordships favor herein H. Pierpoint Hereupon it was resolved upon the Question That the Lord Pierpoint shall be delivered out of his restraint this Night In the House of Commons besides the Debate concerning the Matter of Privilege of which before in the Conferences and Votes of the Lords House several Propositions from the Scottish Commissioners were read and upon the Question assented unto They were presented by Sir Philip Stapleton in five Papers in haec verba 1 As in our first Proposition Propositions from the Scots Commissioners for 10000 Men for Ireland we made offer of 10000 Men in the Name of the Kingdom of Scotland for a further Testimony of Our Zeal to his Majesties Service and Respect and Brotherly Affection to the Kingdom of England We declare That we will upon the Charges of the Kingdom of Scotland Levy and Transport those Men and not stand with our Brethren upon Conditions of Levy and Transport Mony which we very well know is usual in such Occasions and could not in reason have been denyed us and which will amount to a very considerable summ of Money 2 We desire that there may be 30000 l advanced to us of the Brotherly Assistance because there are great Arrears due to our Soldiers who will not willingly enter into a new Imployment unless they be satisfied with what is resting 3 We desire because we cannot unfurnish the Kingdom of Scotland of Arms Canon and Ammunition That what Proportion of any of these we send with our Army That so many and such a Proportion of each kind may be presently sent into Scotland to remain there till the return of what we take into Ireland which we shall give Assurance shall be restored we retaining so much of that which shall be sent into Scotland as shall be lost or spent of ours in the Service of Ireland 3 We desire That with all Expedition some Ships of War may be appointed to go to Lothyan Port Patrick or Ayr to Guard and Waft over our Soldiers whom we intend for Expedition to Transport in small Vessels and that these Ships shall attend at the Ports in Ireland where we land that they may be sent over again into Scotland to bring over to us any necessaries left behind and to go to and again betwixt those Coasts to keep the Passage free for Going and Returning 5 We desire That for every 1000 Foot we send into Ireland a 100 Horse be in readiness to joyn with them and that these be ordered to receive Instructions and Orders and in every thing to obey the Injunctions of our Commanders This Proposition was not fully Assented to but referred back to the Commissioners for the propounding a less proportion of Horse 6 By the Instructions sent by both Houses of your Parliament to your Commissioners in Scotland and which was sent by his Majesty from Berwick to the Council there they did beseech his Majesty to recommend to the Parliament of Scotland that they would take into Consideration the Matter of Wages and other Charges as they would have done for themselves We in this think we could not make particular Agreement with our Troops but desire you would let us know what entertainment you give to your own Commanders and Soldiers wherewith we shall be satisfied and acquiesce to any Order you shall take with them being willing to serve the Crown of England with the same Affection and upon the same Terms as if we were English Men born Sic Subscribitur A. Fullerton This Evening the House sate late and Candles were voted in House divided about Printing the Remonstrance and a very great Debate there was concerning the Remonstrance of the State of the Kingdom which was presented to his Majesty at Hampton-Court whether it should be Printed or not the House was at the last divided upon it with the Yeas were 135. with the No 83. Whereupon it was Ordered That the Remonstrance shall be forthwith Printed and Published Thus did these Men treat this excellent Prince with repeated Acts of Ingratitude for his transcendent Acts of Grace and were so far from being satisfied or contented that the King had given them so much that they advanced in Confidence to demand all And indeed were as the sequel will make it plainly appear resolved to demand still till the King must be necessitated either to deny then or divest himself of every thing but the shaddow of Imperial Majesty and Power that so they might have an Occasion to break with him and indeavour to wrest the Residue of Sovereignty which he had not parted with by plain force out of his Hands His Majesty now began to feel the effects of that unparalell'd Act 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cap. 5. for perpetuating this Parliaments sitting during their own Pleasure and found in reality that by this Act of the highest Confidence by which he hoped as he saith in his excellent Book for ever to shut out and lock the Door upon all present Jealousies and future Mistakes some Men intended to shut him out of Doors himself and that the permitting them to go up to the Pinacles of the Temple of Prerogative gave them an irresistible Temptation to throw down his Majesty and the Monarchy from thence which fatal Act though in his own Words it was no Sin of his Will yet was an Error of too charitable a Judgment By the Printing and Publishing of this Remonstrance
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
of Guns and Carriages and such like one Ingineer or two to attend our Army and that some hand-Mills be provided for the Companies in Marches 3. That Horses be provided for the Baggage of the Army and Train of Artillery and Carriages for Carriage of Bread and other Provisions for the Mouth and that to make Draggooners every 100 Men have 10 Horses appointed for them 4. That the Inhabitants of any Towns or Villages in any Province where our Army shall be for the Time be appointed to receive Orders from our Commanders and to bring in Victuals for Money in an Orderly Way as shall be directed by them with Provisions of Oats Hay and Straw and such other Necessaries and that when it shall be found for the good of the Service the Country People which are not levied in Regiments be ordained to rise and concur with our Troops and receive Commands and Directions from our Commanders 5. That the Troops of the Kingdom of Scotland go in the Way and Order of an Army under their own General and Subaltern Officers and that they have a Circle or Province appointed them which they shall fall upon and assail wherein they shall prosecute the War as in their own Judgment they shall think Expedient for the Honor of the King and Crown of England and that they have Power to give Conditions to Towns Castles and Persons which shall render and submit themselves as they shall find for the good of the Service wherein they are imployed which they shall oblige themselves faithfully to do and perform to the uttermost of their Power and shall be answerable to his Majesty and the Parliament of England for their whole deportment and Proceedings whereof they shall from time to time give them an Account That such Towns and Places as shall be recovered from the Rebels by our Army be at the disposing of our Commanders during their aboad there and when it shall please God that the Rebellion shall be suppressed in the Circle assigned to our Army they shall be ready to do Service in any other Place which shall be appointed to them And if it shall be found for the good of the Service that our Army joyn with the King's Lieutenant and his Army that our General shall only * * Give Place Cede to the King's Lieutenant of Ireland and receive in a Free and Honorable Way Instructions from him or in his absence from the Lord Deputy or any other who shall have the Government of that Kingdom by authority derived from the Crown of England and shall precede all others and only give Orders to the Officers of his own Army and that the Armies the Right and the Left hand Van and Rear Charge and Retreat successively and mix not in quartering nor marching And if it shall be found fit to send Troops out of either Army that the Persons to be sent out of our Army be appointed by their own General the Lieutenant of Ireland prescribing the Number which shall not Exceed the fourth part of our Army whereunto they shall return after the Service is done And that no Officers of Ours be commanded by one of his own Quality and if the Commanders of the Troops so sent out of either Army be of one Quality that they Command the Party by turns 6. That our Army be assured of three Months Pay to be put in the hands of the Treasurers and Commissaries appointed by us at their Rendezvouz in Ireland and that before that time expire there be a Months Pay put in their hands and so from Month to Month and that in this our Brethren of England may be put to no more charge then is just and necessary and that it may appear that we offer our Assistance for Love only We do desire that there may be a Muster-Master appointed to make strict and frequent Muster of our Troops and that their ways bâ—â—â— looked unto that they make no such unlawful advantages 7. Seeing we have voluntarily and freely made offer of our Forces to this Service and to transport them to Ireland upon our own Charges and will be subject to all Hazards which may follow thereupon and will have the same Friends and Enemies with England in this Employment and must therein stand and fall with them We expect and desire that the King and State of England will take us into the same consideration and Reward our Service with the like Honours Recompences and Plantations as they shall do the English or Irish who shall deserve well in this Business for if we shall with the Hazard of our Lives do good Service to his Majesty and the Crown of England it is most agreeable to Reason that we be sharers of the Fruits of our Pains the persons so rewarded being always tyed to the same Conditions and being subject to his Majesty and Crown of England as the English are and shall be Sic Subscribitur Ja. Primrose Whereupon it was Ordered Letters from Ireland That the Propositions be debated to Morrow Then Letters from the Lords Justices of Ireland were read the Contents whereof was That they understand that there are Ships laden with Armes and Ammunition at Dunkirk to be carried to the Rebels in Ireland and that the Rebels are on both sides of Tredagh which makes that Town in great want for Victuals The Lord Admiral acquainted also the House that he had received Information of 4 Ships that are at Dunkirk with Arms and that Men are providing there to be Shipped for Ireland Whereupon it was Ordered That his Lordship be desired by the next Pacquet-Boat that goes for those parts to send over some discreet Man to give true Information of the Preparations there The Commons having by a Message acquainted the Lords that they are willing to joyn with them in searching into the business about the Lord Newport and to Petition his Majesty to discover who informed him the Lords resolved to joyn with them in it and the Lords appointed to draw heads for the Conference were appointed to joyn with a proportionate number of Commons to make a draught of a Petition to be presented to his Majesty about this Business The Gentleman Usher was sent again to the People gathered together about the Parliament Houses Tumults and was to let them know That this House dislikes their coming in such Multitudes and Commands them to be gone and if they have received injury or hurt by any body if they represent their Names to this House their Lordships will see that Justice be done But this would not do the Lords were no terror to them so long as they were assured of the favour of the Factious Party of the Commons A Message was therefore sent to the Commons for a Conference concerning the Tumults upon these Heads 1. To desire the House of Commons to joyn with this House in a Declaration to be Printed and Published of their dislike of the Assembling of the People in such Companies
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
Arrest or Trouble any of them for so doing he doth thereby break the Priviledges of Parliament violate the Liberty of the Subject and is hereby declared an Enemy of the Common-wealth Which Vote was carried up to the Lords by Sir Philip Stapleton for their Concurrence to it which they not only readily gave but also their thanks to the Citizens as this rude Multitude out of the Suburbs and adjacent Countries had the honour to be stiled for the acceptable Service of this day Sergeant Major General Skippon and the other Captains of the City of London were also called in to whom Mr. Speaker declared as followeth Thanks given to Skippon and the Captains That this House did take special notice of the great Care and Affection expressed by them both in the safeguard of the Committee while they sate in London and for the performance of that great Service of theirs this day to the House and Common-wealth for which he was Commanded by the House to give them thanks and further to acquaint them that for their better satisfaction that the House had Voted that the actions of themselves and other the Citizens of London in preserving the Priviledges of Parliament and the Members thereof were done according to the Law and their Duty and Protestation It is one of the most Elegant Expressions of the Royal and Divine Poet when he couples so significantly the Raging of the Sea with the Madness of the People and certainly never was there raised a more violent Storm then this which was blown up by the Tempestuous Breath of the Faction and such was the Ambition of the Populacy to signalize themselves upon this occasion that they looked upon it and lamented it as a misfortune not to have the principal part in the Actions of this days Tumultuous Solemnity as appears by the following Petition which as a favour to their good intentions was by Vote of the House entred upon the Commons Journal in these Terms To the Honourable the House of Commons in Parliament Assembled The Humble Petition of the Trained Bands and other Inhabitants of the City of Westminster Sheweth THat your Petitioners to their great and unexpressible Grief Westminster Trained Bands Petition lying under many heavy Pressures and Distractions but especially for that there have been some Doubts and Jealousies raised of your Petitioners Duty and Affections to this Honourable House your Petitioners though the last yet not the least either in Love or Obedience have thought fit hereby humbly to desire your protection in these great Dangers and to assure this Honourable House that as there are none who do more affectionately Love so there shall not be any who shall more readily Obey and Observe the Commands of the same nor more willingly expose both their Persons and Estates for defence of the Rights and Priviledges of Parliament wherein your Petitioners humbly conceive do consist the Security of Reigion the Safety of His Majesties Royal Person and the due Execution of the Laws In real Testimony whereof your Petitioners humbly offer their Service to this Honourable House when it shall please them to Command it And humbly pray almighty God to Crown your unwearyed endeavours with happy and good success A Petition was also delivered in the Name of the Inhabitants of the County of Bucks by divers Gentlemen at the Bar which was also by the Vote of the House Ordered to be Entred as followeth To the Honourable the Knights Citizens and Burgesses of the House of Commons now Assembled in Parliament The Humble Petition of the Inhabitants of the County of Bucks Sheweth THat whereas for many Years past we have been under very great pressures Bucks Petition Jan. 11. 1641. which are clearly set forth in the late Remonstrance of the House of Commons the Redress whereof which hath for a long time been by you indeavoured with unwearied Pains though not with answerable Success having still your Indeavors frustated or retarded and we deprived of the Fruit thereof by a Malignant Faction of Popish Lords Bishops and others And now of late to take from us all that little hope was left of a future Reformation the very being of the Parliament shaken and by the mischievous Practises of most wicked Counsellors the Priviledges thereof broken in an unexampled manner and the Members thereof unassured of their Lives in whose safety the safety of us and our Posterity is involved we held it our Duties according to our late Protestation to defend and maintain the same Persons and Priviledges to the uttermost expence of our Lives and Estates to which purpose we are now come to make the humble tender of our Service and remain in Expectation of your Commands and Orders to the Execution whereof we shall with all alacrity Address our selves ready to live by you or Die at your Feet * * The King not excepted against whomsoever shall in any sort illegally Attempt upon you May it therefore please this Honourable Assembly to assist the Ardent Prayer of your Petitioners that the Popish Lords and Bishops may be forthwith outed the House of Peers That all Privileges of Parliament yours and our Posterities Inheritance may be confirmed to you And that all evil Counsellors the Achans of the Common-Wealth may be given up to the Hand of Justice without all which your Petitioners have not the least hopes of the Kingdoms Peace or to reap those glorious Advantages which the 14 Months Seed time of your unparalell'd indeavors hath given to their unsatisfied Expectations So your Petitioners shall be bound to pray c. The Petitioners being called in Thanks to the Bucks Petitioners Mr. Speaker acquainted them That this House had read their Petition and finds in it an Expression of great Affection for the maintenance of the Priviledges of Parliament with their Lives and Fortunes and that the House hath commanded him to return this Assurance from them That they shall also spend their Lives and Fortunes in maintenance of Religion the Priviledges and Liberties of the Subjects of those Counties Cities and Burroughs for which they serve ond for the Petition it self they will take it speedily into Consideration Then they desired leave to speak a Word more which being granted they said They had a Petition to deliver to his Majesty which they humbly desired this House to present for them or to direct them the best way and manner how to present it Which Petition being received and read and they called in again Mr. Speaker said that the House had commanded him to acquaint them That their Demeanor and Carriage hath been so fair in this Business and their Judgment and Discretion are such as this House makes no doubt but they know how to present it to his Majesty If 10 or 12 go with it it is conceived it will be most convenient The galloping Bill to enable the two Houses to adjourn themselves was thrice read and then posted up to the Lords where it
1. That for the sad business of Ireland His Majesty cannot possibly express a greater sence then He hath done there being nothing left on His Majesties part unoffered or undone And He hoped by the speedy advice and assistance of His Parliament that great and necessary Work would be put in a just forwardness to which his Majesty will contribute all his power And how zealous He is and hath bin therein will appear in a Declaration speedily to be set forth by his Majesty 2. For the Tower His Majesty wonders that having removed a Servant of good Trust and Reputation from that Charge onely to satisfie the fears of the City and put in another of unquestionable Reputation and known ability the Petitioners should still entertain those fears and what-ever preparation of Strength is there made is with as great an Eye of Safety and advantage to the City as to his Majesties own Person and shall be equally employed to both 3. For the fortifying of White-hall with Men and Munition in an unusual way His Majesty doubts not but the Petitioners have observed the strange provocation he hath received to entertain that Guard That by the disorderly and tumultuous conflux of people at Westminster and White-hall his Majesties great Councel was not onely disquieted but his own Royal Person in danger most seditious language being uttered even under his own windows whilest the examination and punishing such Tumults by the course of Law were interrupted and stopped And if any Citizens were wounded or ill intreated his Majesty is confidently assured that it hapned by their own evil and corrupt demeanours 4. His Majesty knows no other endeavours to the Innes of Court then a gracious intimation That He received the tender of their loyal and dutiful Affections with very good Approbation and Acceptance and an incouragement given them to continue the same upon all occasions Neither doth his Majesty know what discovery hath bin lately made of Fire-works in the hands of any Papist 5. For his going to the House of Commons when his Attendants were no otherwise armed then as Centleman with Swords his Majesty is verily perswaded That if the Petitioners knew the cleer grounds upon which those persons stand accused of high Treason and what will be proved against them which in due time they shall be acquainted with and considered the gentle way his Majesty took for their apprehension which he preferred before any course of violence though that way had bin very justifiable for his Majesty is very well assured that it is notoriously known that no priviledge of Parliament can extend to Treason Felony or breach of the Peace the Petitioners would believe his Majesties going thither was an Act of grace and favour to that House and the most peaceable way of having that necessary service for the apprehension of those persons performed specially if such Orders have bin made which his Majesty is not willing to believe for the resistance of all lawful Authority as are discoursed of 6. And for the proceedings against those Persons mentioned in the Petition his Majesty ever intended the same should be with all justice and favour according to the Laws and Statutes of the Realm to the which all innocent men would cheerfully submit And this extraordinary way of satisfying a Petition of so unusual a nature his Majesty is confidently perswaded will be thought the greatest instance can be given of his Majesties clear intention to his Subjects and of the singular estimation he hath of the good affections of the City which he believes in gratitude will never be wanting to his just Commands and Service The People were kept perpetually allarm'd An Information of a Plot against some Lords with one little Plot or another either against the Parliament in General or some particular Persons the Favorites of the Faction so it is no Miracle that they were in such heats but rather that they did not fall into perfect Frenzy and Madness for want of Sleep to cool their Brains every day produced a new Discovery to keep them waking And this Day one Francis Moor an Italian gave in an Information to the House of Lords That yesterday he coming towards White-Hall he stood talking with an Irish Man who lives with the Lord Viscount Loftus in the Street and overheard one Brian Kelly an Irish Man Servant to the Earl of Arundel speak in Italian to one Signior Francisco an Italian and say That there was a Plot laid to kill some Lords of the Parliament and in particular named the Earl of Northumberland the Earl of Essex the Earl of Holland the Earl of Pembroke and the Earl of Leicester Hereupon It is Ordered That the said Brian Kelly and Signior Francisco shall be forthwith apprehended and attached by the Gentleman Vsher attending this House and brought as Delinquents to the Bar which was done accordingly and Brian Kelly being brought to the Bar and charged with the Words he denied that he ever spake any such Words Thereupon Moore was called in to confront him and upon Oath averred what he had formerly informed Whereupon Kelly was by Order of the Lords committed to Newgate that Mr. Justice Reeves and Justice Foster do presently examine the said Kelly and Signior Francisco and all others whom they think fit to give further Informations in this Business and report the said Examinations to the House Mr. Justice Reeves informed the House That the Irish Man's Name that was with Moore when he heard Kelly speak the Words is Philip Dnell Servant to the Lord Sheffield Hereupon the said Duell was sent for to attend the House presently and to be Examined The Lord Chief Justice of the King's Bench was also Ordered forthwith to examine Tho. Acroie and Signior Francisco and such others as he shall think fit to examine touching the Report of the Plot that certain Lords of this House should be killed and to report the same to the House The Attorney General ordered to justify his proceedings against Kymbolton and 5 Members It was then moved That Mr. Attorney General might be commanded to speak what he can to justify the manner of Proceedings against the Lord Kymbolton and the five Members of the House of Commons Then Mr. Attorney made a Narrative of what he did that Day by the King's Directions and when he came to justify himself as to the legality of the proceeding and that it was agreeable to the Course of Parliament he desired some time to prepare himself with some particular Proceedings which would be too long to read now and the House gave him time till to morrow Morning The Commons were restless to have the Loyal Lieutenant Sir John Byron out of the Tower Message from the Commons about the Tower and therefore a Message was sent by them to let their Lordships know That they are informed that there are extraordinary quantities of Ammunition carried out of the Tower and extraordinary Stores of Provisions carried in and therefore
Sir Arthur Haslerig Mr. Pym Mr. Hampden and Mr. Strode by Sir William Killigrew Sir William Flemen and others in the Innes of Court and elsewhere in the Kings Name was a high Breach of the priviledge of Parliament a great scandal to his Majesty and His Government A seditious Act manifestly tending to the subversion of the peace of the Kingdom and an injury and dishonour to the said Members there being no legal charge or accusation against them The priviledges of Parliament and the liberties of the Subject so violated and broken cannot be fully and sufficiently vindicated unless His Majesty will be graciously pleased to discover the names of those persons who advised his Majesty to issue out Warrants for the Sealing of the Chambers and Studies of the said Members to send a Serjeant at Arms to the House of Commons to demand their said Members to issue out several Warrants under His Majesties own hand to apprehend the said Members His Majesties coming thither in his own Royal person The publishing of the said Articles and printed paper in the form of a Proclamation against the said Members in such manner as is before declared To the end that such persons may receive condign punishment And this House doth further declare Voted Jan. 17th 1641. That all such persons as have given any Counsel or endeavoured to set or maintain division or dislike between the King and Parliament or have listed their names or otherwise entred into any combination or agreement to be aiding or assisting to any such councel or endeavour or have perswaded any other so to do or that shall do any the things above mentioned And shall not forthwith discover the same to either House of Parliament Or the Speaker of either of the said Houses respectively and disclaim it are declared publick enemies of the State and peace of this Kingdom and shall be inquired of and proceeded against accordingly But to proceed This Morning Sir Henry Vane Sir Walter Erle Sir Sam. Rolls and Sir Simon D'Ewes were appointed to examine the Pacquet from France directed to Mr. Crofts which they did and Reported That they found nothing in those Letters of any Consequence Mr. Whittacre also Reported That he had searched the Lodgings of Sir James Hamilton according to the Order yesterday but found no Arms there as was informed Committee to Try Frivolous Informations Whereupon Mr. Long Mr. Whittaker Mr. Strode Sir Arthur Haslerig Mr. Cary Mr. Arthur Goodwin Sir John Franklyn Mr. Whitehead Sir John Evelyn Mr. Wheeler Sir John Holland Sir Robert Pye Mr. Glyn Mr. Brown Mr. Reynolds and the Citizens for London were appointed to be a Committee and they or any three of them to have Power when Informations come to be given to the House to examine them and if they find them worth the knowledg of the House to acquaint the House therewith and if they find them not of any consequence to dismiss the Business and the Parties and they have power to send for Parties Witnesses and Writings and to make searches as they see Cause and to open Doors Chests or Trunks There is nothing can make it more evident then the appointing this Committee that these People were abundantly satisfied and sensible that they were horribly imposed upon by frivolous Informations and yet they were so void either of Honor Honesty or Conscience without due Examination to impose those false Informations upon the Nation as great Truths as particularly the Lord Digbie's being at Kingston with 500 armed Men which made such a noise that the Trained Bands and Posse Comitatus were raised to disperse a Rebellious Assembly of a Coach and six Horses and the ordinary Retinue of a Nobleman but this was their Way and they were not concerned to search for the truth of their Informations but the Consequences of them and whether they would turn to Account to blacken the King and inflame the People His Majesty had sent down Captain Legg to take Charge of the Town of Hull and the Ammunition there whereupon the Commons who had before Ordered Sir John Hotham to be Governor a Committee was appointed to consider of the Bail given to the Serjeant for any Person committed by the House to the Custody of a Serjeant and to report their Opinion to the House both concerning the Bail and Persons bailed and upon their Report It was Ordered That those Lords that are Bail for Captain Legg shall be moved to bring in Captain Legg forthwith and the Serjeant is to move those Lords accordingly The Officers and Gunners of the Tower having been Summoned to attend the House Gunners of the Tower examined by the Commons and accordingly appearing it was Ordered That Sir Gilbert Gerrard Mr. Hampden Sir Robert Pye and Sir Henry Mildmay do Examine the Officers of the Tower now at the Door what Persons suspected have been lately put into the Tower and to ask them if they will all take the Protestation and to acquaint them That this House sent for them in respect that they have a good Opinion of them thinking they might have had occasion to use them but at this time they have not and so to dismiss them The House was then informed Lieutenant of the Tower at the Commons Bar. That the Lieutenant of the Tower Sir John Byron was at the Door who was called in to the Bar and kneeled there a while and then rising again delivered an humble Petition to the House which was read and it was Ordered That the Serjeant should acquaint him that the House hath read his Petition and in due time will take it into Consideration The Commons having desired the Lords to joyn with them Friday January 14. in an Order for several Counties to raise Force to Suppress the pretended Army of the Lord Digby assembled at Kingston the Lords this Day made a general Order for suppressing all Tumults and unlawful Assemblies throughout this whole Kingdom as follows WHereas Information hath been given to the Parliament Order for suppressing Tumults That the Lord Digby Son to the Earl of Bristol and Colonel Lunsford with others have gathered Troops of Horse and have appeared in warlike Manner at Kingston upon Thames in the County of Surrey where the Magazine of Arms for that part of the County lies to the Terror and Affright of his Majesties good Subjects and disturbance of the Publick Weal of the Kingdom It is this Day ordered by the Lords and Commons in Parliament That the Sheriffs of the several Counties of England and Wales calling to their Assistance the Justices of the Peace and the Trained Bands of the several Counties or so many of them as shall be necessary for the Service shall suppress all unlawful Assemblies gathered together to the Disturbance of the Publick Peace of the Kingdom in their several Counties respectively and that they take Care to secure the said Counties and all the Magazins in them And it was Ordered to be Printed and
with the Earl of Strafford trusting too much on the same so High is Pride that at length he presumed to oppose and set himself against the proceedings of the whole House against the said Earl Obstinately refusing to be admonished concerning the same and yet keeping his Friends many of the Lords was by his Majesty as a Baron called to their House and aspiring yet higher obtained his Princes favour not being yet acquainted with his secret Intentions by which means too confident of his safety and security in his Designs adventured openly to comply with the publick Enemies both of King and Country As especially now with this other Person of whom I am to speak this Collonel being by his Majesty advanced to that dignity and trust could not so content himself but imitating the water Toad seeing the Shadow of a Horse seem bigger then it self Swell to compare with the same and so Burst even so this Gentleman having obtained first this Place of Command and afterwards Lieutenant of the Tower and being found of such a Malignant Spirit that he was unfit and uncapable for that great Place of Trust and therefore removed taking the sameâ—â— great dishonour to his worth now endeavours by Traiterous and Desperate Actions to defend himself and be revenged of his pretended Adversaries and to that purpose they have between them joyntly raised Arms against the State met together in peaceable Consultations for the good of Church and Common-wealth Mr. Speaker These attempts made by these Persons are of dangerous consequence and this their Insurrection by taking up of Arms without Warrant both from his Royal Majesty and this High Court of Parliament only to do Mischief in raising Sedition and Contention thereby to preserve themselves from being called to an account for their desperate Actions and Disloyal taking up Arms will prove harder to Appease and Suppress then any Troubles we have yet suffered Mr. Speaker I conceive quick dispatch in our Intentions for the Apprehending and Suppressing these Persons is the only means to prevent future danger And to that purpose I desire to present to your considerations these particulars 1. That Warrants may Issue forth for the speedy and private apprehending of them in what places soever they shall be found and immediately to bring them before the House 2. If this cannot be effected to Issue forth Proclamations for their calling in within a certain time perfixed under penalty of being Prosecuted and Proceeded against as Traytors to their King and Country 3. That Warrants be forthwith sent for the Guarding and Securing of all the Ports of this Kingdom and for the Intercepting of all Paquets or Letters intended to be conveyed into Forraign Kingdoms or any brought from thence hither 4. That Order be sent down into the several Counties of this Kingdom where it is suspected either of these Persons have any Friends or Favorites well-wishers to their Cause with command to the Sheriffs and several Officers of such Counties to stand upon their Guard and to raise Force for their own Defence and Safety and to endeavour by all means Possible to apprehend and suppress them and such of their Conspiracy as shall be taken presently to be sent up to this House to be Examined and Prosecuted according as they shall be found 5. That Order may be made by the Parliament that no Officer that shall be found to have a hand in this Plot may be imployed in any Service of publick Command either for Ireland or any other of his Majesties Dominions or any private Affairs of this Kingdom 6. That we may without further delay proceed to Sentence against all Delinquents by this Honourable House accused for any Crime whatsoever in whose Defence or for whose cause these Persons now accused pretend to take up Arms. 7. That his Majesty may be moved Graciously to be pleased to declare himself against these Persons and all others that do any ways pretend to his Authority or Warrant for what they do 8. And Lastly His Majesty may be moved to avert his intended Journey for Portsmouth for the safety and security of his Royal Person til such time as their dangers be removed and the Peace and Vnity of all his Majesties Loyal Subjects be procured and settled And thus Mr. Speaker having presented such things to this House which I humbly conceive to be necessary to suppress and prevent this new danger threatned by those two Disaffected and Male-contented Persons the Lord Digby and Collonel Lunsford I leave the same to the further consideration of this Honourable House desiring from my heart that it would please God to end all the Troubles and Distempers of this Common-wealth and that this High Court of Parliament may prove the firm Settlement of all things amiss both in Church and State After this Mr. Pierpoint Reports from the Committee appointed yesterday for putting the Kingdom into a Posture of Defence That the Opinion of the Committee was Mr. Pierpoint's Report concerning Posture of Defence and the Commons Vote upon it and so it was by the House Resolved upon the Question That the Knights and Burgesses of the several Counties shall by two of the Clock this afternoon deliver in the Names of such Noble Persons as they think fit to be appointed Lord Lieutenants in the several Counties and that those Gentlemen of this House that have Estates in the Bishoprick of Durham shall nominate such a one as they shall think fit to be Lord Lieutenant in that County Sir Richard Cave then acquainted the House That according to the Command of the House he had returned thanks to the States Embassador for his affections Expressed to the service of this State Who answered That he thinks himself much honoured by the acknowledgements of his service from this House and knows that the desires of this House will be upon all occasions very acceptable to his Masters the States It was also Ordered That Alderman Pennington and Mr. John Goodwin do speak with the Executors of Sir James Cambell and to desire them from this House that in the disposing of the Estate which Sir James Cambell hath given for Charitable Vses they will specially take into consideration the War in Ireland which will be an acceptable service to the Common-wealth Serjeant Wild then Reported the Conference had on Thursday night last with the Lords concerning Mr. The Examination of Mr. Attorney General Reported by Serjeant Wild. Attorney's Exhibiting Articles in the Lords House against Members of this House The Conference consisted of two Parts First the Narrative Part That these Articles Exhibited by Mr. Attorney and entred in the Lords House was a Breach of Priviledge of Parliament and that in due time this House would desire that Justice may be done upon Mr. Attorney The Second Part was to Examine Mr. Attorney upon certain Questions and to receive his Answer First He being asked Whether he Contrived Framed or advised the said Articles or any of them if not then
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
will continually disturb the Peace of that Kingdom as well from hence as from Forreign Powers for no way will be left unattempted by them whereby the Peace of that Kingdom may be disturbed and then of necessity England must be forced to undertake a new conquest of this Kingdom for a politick Reformation will then become impossible and to make a new Conquest will be now more difficult and chargeable then in any former times in reguard the Ports and Inland Towns and the Principal Strengths will be immediately lost as some of them already are which are now more in number by much then were here in former times and the People better disciplined in the rules of War besides many other advantages they have as well by the return hither of Commanders of the Irish who served in Forreign Nations as otherwise which they wanted in the time of former Rebellions there and besides all the meer Irish now in the Service of the King of Spain will undoubtedly return hither to joyn with the Rebels And so we humbly take leave and remain from his Majesties Castle of Dublin 5. November 1641. Your most Honourable Lordships humbly at Commandment Will. Parsons Jo. Borlase J. Dillon Ant. Midensis Jon. Kaphâ—e Cha. Lambart Ad. Loftus J. Temple Cha. Coote P. Crosbie Tho. Rotherham Ja. Ware Rob. Meredith A Letter of the same Date was also sent to the Speaker of the House of Commons A Letter from the Lords Justices Council in Ireland to the Speaker of the H. of Commons No. â—th 1641. in these words SIR SVch are the present Calamities under which all the English and Proâ—â—stants in Ireland do now suffer as if Supplies of Men Money and Arms come not speedily forth of England hither it cannot be avoided but the Kingdom must be lost and all the English and Protestants here destroyed wherefore as we have now humbly represented the same more fully to the Lords of his Majesties most Honourable Privy Council and formerly to his Majesty and to the Lord Lieutenant of this Kingdom so we adjudge it fit by these our Letters to you to make it known to the Honourable the Commons House of Parliament there who cannot but foresee the many other grievous and Lamentable Consequences which the loosening of this Kingdom must unavoidably bring to England and certainly this Kingdom and the Lives of Vs all here and all the Protestants in the Kingdom were never in so great Danger to be lost as at this instant no age having produced in this Kingdom an example of so much Mischief done in so short a time as now we find acted here in less then a fortnights space by Killing and Destroying so many English and Protestants in several Parts by Robing and Spoyling of them and many thousands more of his Majesties good Subjects by Seizing so many Castles Houses and Places of Strength in several Parts of the Kingdom by threatning the English to depart or otherwise that they will destroy them utterly and all their Wickedness acted against the English and Protestants with so much Inhumanity and Cruelty as cannot be imagined to come from Christians even towards Infidels We comfort our selves with this hope That by the Blessing of God on the Wisdom of that Honourable House we may have sudden and full Supply from thence whereby we may be enabled to preserve the Kingdom and consequently prevent the further Lamentable Mischiefs which may otherwise follow And so we remain from his Majesties Castle of Dublin 5. November 1641. Your very assured Loving Friends Will. Parsons Jo. Borlase J. Dillon Ant. Midensis Joh. Raphoe Cha. Lambart Ad. Loftus J. Temple P. Crosbie Cha. Coote T. Rotherham Ja. Ware Rob. Meredith Sp. of Com. And after this another Letter was dispatched to the Speaker of the House of Commons which spoke this Language A Letter from the Lords Justices Council of Ireland to the Speaker of the H. of Commons No. 13th 1641. SIR BY Letters from the Lord Lieutenant of this Kingdom we observe how sensible the Honourable Commons House of Parliament there is of the Insolencies of the Rebels here and of the present danger of the whole State and Kingdom and the readiness and forwardness wherewith that Honourable House hath ordeined Aids and Supplies for us which exceedingly Comfort us amidst the Distresses wherein we now stand And we crave leave as to acknowledg with most hearty thanks to that Honourable House the High Favour we have therein received and our joyful apprehension thereof so to intreat most earnestly that the Supplies may be hastened unto us with all possible speed in such a proportion as by our Letters of the fifth of November to the Lord Lieutenant we humbly moved and in such manner as by our Letters now sent to his Lordship we humbly desire wherein if all possible speed be not used the deliverance intended by that Honourable House to this State and Kingdom may be prevented and so the Cruel and Barbarous Rebels become possessed of the Kingdom which we Submit to the deep Judgement of that Honourable House And so we remain from his Majesties Castle of Dublin 13. November 1641. Your very assured Loving Friends Will. Parsons Jo. Borlase Ormond Ossery J Dillon Cha. Lambart Ad. Loftus Gerrard Lowther P. Crosbie Ja. Ware Rob. Meredith Sp. of Com. House But the Parliament of England as may be observed before in the preceeding Transactions of the two Houses though they made a mighty bustle and noise about relieving of Ireland made but very slow steps towards the Suppressing of the Rebellion in good Earnest And notwithstanding the pressing instances and repeated Messages of his Majesty to forward that Affair they were two much taken up with the Management of their own Designs to assist that distressed Kingdom to any purpose They gave a great many good words and sent over Letters full of Promises of Men Money and Provisions but all the course they took was to borrow Money of the City of London and the Merchants which was not considerable for such a Work and for Men though the King offered presently to raise 10000. Volunteers if the two Houses would undertake to pay them they would by no means hear of it but did all they could to discourage those Levies by questioning such as beat up Drums for Volunteers for that Service By this means and by some other Actions before recounted this Rebellion which was at first but a few Sparks and might without difficulty have been Extinguished grew to be an Universal Flame And nothing can be more evident then that how general soever the Conspiracy was many of the Irish stood at Gaze to see what would become of the First Commotions but observing the little Force which was in Ireland to oppose them the little probability of Succors from England the great Animosities and Dissentions and a Prospect of a Civil War in England between the King and the two Houses and being incouraged with hopes of Forreign Assistance
fruition of your future favours The fixion our Confidence in you before any other of the Peers and privy Councellors of the Kingdom doubleth this Obligation Your Lordship may therefore be pleased to acquaint the Lords Justices and Councel to be imparted unto his Sacred Majesty with our Grievances and the causes thereof the reading of which we most humbly pray and the manner of it First the Papists in the neighbouring Counties are severely puniâ—â—ed and their miseries might serve as Beacons unto us to look unto our own when our Neighbours Houses are on fire And we and other Papists are and ever will be as loyal Subjects as any in the King's Dominions For manifestation whereof we send herein inclosed an Oath solemnly taken by us which as it received indelible Impression in our hearts shall be sign'd with our hand and seal'd with our Blood Secondly There is an incapacity in the Papists of Honour and the Immunities of true Subjects the royal Marks of distributive Justice and a disfavour in the Commutative which rais'd Strangers and Forreigners whose valour and vertue was invincible when the old Families of the English and the Major part of us the meer Irish ddi swim in blood to serve the Crown of England and when Offices should call Men of worth Men without Worth and merit obtain them Thirdly The Statute of the 2 Eliz. of force in this Kingdom against us and they of our Religion doth a little disanimate us and the rest Fourthly The avoidance of Grants of our Lands and Liberties by Quirks and Quiddities of the Law without reflecting upon the Kings Royal and real Intention for confirming our Estates his Broad Seal being the pawn betwâ—â—t his Majesty and his people Fifthly The restraint of purchase in the meer Irish of Lands in the Escheated Counties and the taint and blemish of them and their posterities doth more discontent them than that plantation Rule for they are brought to that Exigent of poverty in these late times that they must be sellers and not buyers of Land And we conceive and humbly offer to your Lordships consideration Principiis obsta that in the beginning of this Commotion Your Lordship as it is hereditary for you will be a Physitian to cure this Disease in us and by our Examples it will doubtless beget the like auspicious scucess in all other parts of the Kingdom For we are of opinion it is one sickness and one pharmach will suffice Sublata causa tollitur Effectus And it will be recorded that you will do service unto God King and Countrey And for salving every the aforsaid Soars your Lordship is to be an humble Suitor in our behalf and of the rest of the Papists that out of the abundance of his Majesties Clemency there may be an Act of Oblivion and general pardon without restitution or Account of Goods taken in the time of this Commotion a liberty of our Religion a repeal of all Statutes formerly made to the contrary and not by Proclamation but Parliamentary way A Charter free Denizen in ample manner for meer Irish All which in succeeding Ages will prove an Union in all his Majesties Dominions instead of Division a Comfort in Desolation and a Happiness in perpetnity for an eminent Calamity And this being granted there will be all things Quae sunt Caesaris Caesari and Quae sunt Dei Deo And it was by the Poet written though he be prophane in other matters yet in this prophetically Divisum Imperium cum Jove Caesar habet All which for this present we to leave your Honourable Care And we will as we ever did and do remain Your very humble and assured ever to be Commanded Hugh mac Gillernow Farrall James Farrall Bryan Farrall Readagh Farrall Edmond mac Cael Farrall John Farrall in Carbuy Garret Farrall Lisagh mac Conel Farrall Bryan mac William Farrall James mac Trig Farrall his Mark Morgan mac Carbry Farrall Donnagh mac Carbry Farrall Richard mac Conel Farrall William Mac James Farrall James Farrall Taghna mac Rory Farral Cormack mac Rory Farrall Conock mac Bryne Farrall John mac Edmund Farrall John Farrall Roger mac Bryne Farrall Barnaby Farrall Redeagh mac Lisagh Farrall Connor Oge mac Connor Farrall Edmond mac Connor Farrall Cahel mac Bryne Farrall Before the Parliament broke up the Popish Lords deputed the Lord Dillon to go into England to carry over their Desires to the King and to represent the Means which they thought fittest for the suppressing of the Rebellion and he with the Lord Taaf imbarqued for England but by stress of Weather the Vessel was driven into Scotland and they took their way by Land for London But the Parliament having notice of their coming they were by Order of the Commons seized upon and brought up in safe Custody and all their Papers searched and Examined So unwilling it seems was the Faction that any Address should be made to the King or that any Steps should be made towards the reducing that Kingdom to his Majesties Obedience by any sort of Treaty or Accommodation By this procedure though they gained upon the good Opinion of the People whose favor they most industriously courted and to whom nothing sounded more pleasant then what seemed to express a Hatred and Detestation of the Irish Rebellion and Religion yet certainly was it a means of running the Rebels into such Extremities as dispair of Mercy are wont to produce in those who have transgressed the Bounds of Law and Duty and know their Lives and Estates without it to be forfeited to Justice But for the better understanding of this and some other Particulars the Reader may peruse the following Extracts of some Letters from the Board in Ireland which I found among the old Papers of the Clerk of the Parliaments Office Extract of a Letter of the Lords Justices and Council of Ireland to the Lord Lieutenant dated the 25th of November 1641. THe Rebels in the County of Wexford increasing daily Extract of divers Letters of the Lords Justices Council of Ireland to the Lord Lieutenant received the 6 of December by Mr. Fitz-Girald read Dec. 10. 1641. have taken the Castles of Arickloe Limbrick the Lord Esmond 's House and Fort-Chichester places of good Strength and Importance The Rebels also in the County of Wickloe have laid Siege to his Majesties Castle of Wickloe those in that Castle were in fight with them Yesterday what the issue is we yet hear not and some of those Rebels in the County of Wickloe have dared to come within four Miles of this City and swept away great droves of Cattle And in both Counties as well Wickloe as Wexford all the Castles and Houses of the English with all their substance are come into the hands of the Rebels and the English with their Wives and Children strip'd naked and banished thence by their fury and rage The Rebels in the County of Longford do still increase also as well in their Numbers as in their
Violence The Ulster Rebels are grown so strong as they have sufficient Men to leave behind them in the places they have gotten Northward and to lay Siege to some not yet taken as Emiskillin in the County of Fermanagh and Agher in Tirone and yet to come many thousands to besiege Drogheda in view whereof within 3 or 4 Miles they have stood with their Colours flying since Sunday the 21st of November expecting more Forces from Cavan and that way to gird the Town round about They have already taken Mellifont the Lord Moor 's House though with the loss of about 120 Men of theirs and there in cold blood they murdered Ten of those that manfully defended that place We hear also that the whole County of Lowth both Gentry and others are joyned with the Rebels and that the Sheriff and John Bellew Esq is likewise with them this County being one of the five of the English Pale having formerly still been true to the Crown In the County of Meath also being the most considerable of the five all the Common People and many of the younger Sons of the Gentry beyond the River of Boyne Twenty Miles from Dublin do either joyn with the Rebels or otherwise rob and spoil the English Protestants till within Six Miles of Dublin We sent to Drogheda 1100 Foot and 3 Troops of Horse and caused Four other Foot Companies to be raised there and this day we send thither 600 Foot more raw Men and unexperienced and another Troop of Horse And we provide the best we may for the defence of this City yet most of the Men we have are not Trained nor Exercised and many of them are Irish for others we have not and we fear that when we come to blows many of those will forsake their Commanders and side with the Rebels as they have done in the Counties of Cavan and Wickloe where of Companies of 40 Men of our Soldiers not above six or seven stayed on our side but took part with the Enemy Our main indeavour is to preserve this City and Castle for his Majesty The Rebels have now framed an Oath which they Administer to all that joyn with them the Copy whereof you have here inclosed as it was taken out of some Copies scattered abroad for all Mens view To conclude we renew our Suit for our Supplies of 100000 l. in Money 10000 Foot and 1000 Horse in present and Arms and Munition for them and for the Stores and Places of Defence not yet lost and that so much Money Men and Arms as are already gotten may be sent onward and the rest to be sent after and that the third part of the Shot be Callivers and the other two parts bastard Muskets as more suiting with the Service of this Kingdom and if those Supplies be not immediately sent away the Kingdom will be in danger to be lost Extract of a Letter of the said Lords Justices and Council of the 26th of November to the said Lord Lieutenant WE have received information That the Lord Viscount Dillon who Two Months since was admitted to be a Member of this Board and is now imployed by the Lords House of Parliament here to attend his Majesty carries along with him or is to have sent after him some Writing Signed by many Papists of the Nobility and Gentry of this Kingdom which Writing as we are Informed contains a profession of Loyalty to his Majesty and an offer of themselves by their Power to reprieve this Rebellion without Aids of Men from England which if there be any such his Lordship though a Member of this Board hath not Communicated with us the Justices who ought to be made acquainted with what may have Relation to the Safety of the Kingdom But if the Lord Dillon 's Counsel shall tend any way to stay the Succours intended to be sent us out of England or to entertain his Majesty with a belief that those here will raise sufficient Force to reduce this Kingdom we humbly beseech leave to declare our Opinions herein That is that if our expected Succours from England be kept from us undoubtedly the English and Protestants of this whole Kingdom will be either put to the Sword or be forced to forsake the Kingdom and the sole Power and Sway in all Magistracy must necessarily fall into the hands of the Irish which will at their own pleasure shake off the Government of England and set up their Idolatrous Religion and prove the most dangerous Enemies to England We do confide so much in the Wisdom of His Majesty and the Parliament of England and your Lordships prudent Conduct of a matter so highly importing the State as that they will not to save a little charge expose both Kingdoms to such Dangers after the expence of so much English Blood and Treasure as hath been spent to gain this Kingdom nor will the charge be lost in overcoming this Rebellion by the Wisdom and Valour of England when it shall be abundantly recompenced not only in the settlement of a more firm Peace and Safety to England but also in raising a greater and more considerable Revenue here to the Crown then formerly out of the Estates of the Authors of the mischief The Rebels keep from us all Accesses to our Markets to starve us as they say nor can we help it for want of Men to send abroad several ways So it will be absolutely necessary that the Magazine of Victuals on the English Sea-Coasts on this side be fully stored with all speed that Supplies be hastened hither to Dublin A Regiment of a 1000 Men raised in Munster by Colonel Garret Barry for Spain was Commanded to Disband by the Lord President but they continue still as they were increasing in their numbers We have not yet sufficient force to compel them and it is doubted that he expects there some Arms from Foreign Parts so as it appears necessary that the Shipping designed for guarding those Coasts be hastened away speedily Extract of a Letter of the Lords Justices and Council to the Lord Lieutenant Dated the 27th of November 1641. WE hear that some have given out that our Dangers here are not so great as we declare which misinformations if they should gain credit there might cause the lessening or retarding our Supplies which perhaps may be the aim of those that have so misinformed if any can be so wicked and though we hope that such reports cannot be of equal value or estimation with the joynt representations of this State yet we crave leave to declare that the Rebellions are such and so great as we have formerly represented and far more dangerous then Words can express and we affirm That if those Supplyes come not speedily the Danger will be found far more lamentable to both Kingdoms and we beseech that no Credit be given to the contrary The Disturbances are now grown so general that in most Places and even round about this City within 4 Miles of us not the
to give Sir Henry Tichbourn notice of the approach of this intended Relief and the Design of the Rebels and to order him to take all possible Care of securing their Passage Which Sir Henry by the same Messenger gave his Lordship assurance he would not fail to do and accordingly that very Day he marched out with a considerable Party to meet them but these loose and ill disciplined Men not used to Military Affairs took up their Quarters at Batruby eight Miles short of Tredagh by which means he missed of joyning them that Night The next Day they continued their March but in a disorderly way The English going to relieve Tredagh defeated till they came to Julian's Town where the Rebels having notice from the Lord Gormanston as Sir John Temple from Mr. Creightston's Examination affirms were drawn up to intercept them and by reason of a Mist which then fell and through the negligence of the Scouts who were sent out to give Intelligence they were got within Musket Shot of the Enemy before they discovered them The Major however drew them up presently into what Order he could and they were in a Place of great advantage but a Lieutenant unfortunately giving out the Word Counter-march and thereupon the Men facing about in some Disorder the Rebels gave a hideous Shout and immediately charged them Which with their own fear unaccustomed to the dreadful Face of War put them into such Confusion that they could not be persuaded to make one Charge but throwing down their Arms they every Man fled and gave the Rebels an Easy though considering the Number a bloody Victory for of the whole Party only Sir Patrick Weames with the Horse the Major and 2 Captains with about 100 Men escaped to Tredagh the other three Captains with all the rest of the Soldiers except such as were Irish being there cut off and all the Arms Ammunition and Carriages being also taken by the Rebels This unfortunate Blow as it gave great incouragement to the Rebels so it did extremely deject the Spirits of the English and Protestants but to inliven them a little Sir Charles Coot who with a commanded Party was sent out into the County of Wicklow to repress the Insolencies of the Brins and Tooles who ravaged that Country committing many Depredations and Murthers upon the Protestants meeting with Luke Toole with a thousand Irish under his Command he set upon him and quickly routed them obliging him and his Men to take the Sanctuary of an Irish Bogg for his Security At Wicklow he caused some of those who were accused of the Spoiles and Robberies there to be Executed which the Rebels took for a Pretence to Revenge by the Murder of many Protestants which fell into their Hands About this time there arrived 20000 l. in pieces of Eight 20000 l. arrives out of England which went currant for 4d more in a piece then in England which was a very seasonable Supply and gave some Life and Spirit to the drooping Affairs of the Protestants and enabled the Government to carry on the Levies The King sends Mony and Arms to Ireland from Scotland with which they were now in Hand his Majesty also assisted by the Duke of Richmond had caused such Proportions of Arms and Ammunition with all the Money he could spare to be conveyed out of Scotland with Commissions to Sir Robert Steward and other Persons of Quality in the North of Ireland to give the Rebels a diversion on that side But the Rebels had set their Rest upon the taking of Tredagh and therefore quitting the North with the greatest of their Forces they drew down towards that Place But in their March thither Sir Phelim O Neil and Sir Con Mac-gennis made an Attempt upon Lisnegaruy where Sir Arthur Terringham who commanded a small Party of 400 Foot and was assisted by the Lord Conwayes and part of Captain St. John's Troop to the number of 380 Horse The Rebels repulsed at Lisnegaruy by Sir Arthur Tirringham gave them such warm Entertainment that they were repulsed with considerable loss both of Men and Reputation leaving six of their Colours and many of their Rebellious Adherents slain upon the Place without any considerable loss on the Protestants Side more then of Captain Boid and Captain St. John who fell in the Field of Honor with some private Soldiers and some few others who were wounded in the Incounter And before they sate down before Tredagh a Party of 1300 Foot besieged Mellifont the Lord Moore 's House where were only 24 Musketeers and 15 Horse who bravely defended the Place till their Ammunition was spent and then the Horse setting open the Gate made their way through the Enemy in despight of their Opposition and came safe to Tredagh and the Foot yielded upon Promise of fair Quarter which was but ill kept by the Rebels who killed some of them in cold Blood stripped the rest and Plundered the House carrying away whatsoever was of any Use or Value And now the Lords and Gentlemen of the Pale seeing the Success of the Northern Rebels and the little Force that was raised in Ireland or brought over from England to oppose them began to falter in their Loyalty also and under the pretence of Fears and Jealousies the Common Ingredients of Rebellious Designs to stand upon their Guard and to give too just Suspitions to the Government that they would rather joyn with the Rebels then assist to the Suppressing them The Lords Justices and Council therefore resolving to try them sent this Letter to them AFter our very hearty Commendations to your Lordship A Letter from the Lords Justices and Council to the Irish Lords of the Pale for as much as we have present occasion to confer with you concerning the present State of the Kingdom and the safety thereof in these times of danger We Pray and require your Lordship to be with us here on the 8th day of this Month at which time others of the Peers are also to be here And this being to no other end we bid your Lordship very heartily farewell From his Majesties Castle of Dublin the third day of December 1641. Your very Loving Friends Will. Parsons Jon. Borlase Ormond Ossery Ant. Midensis R. Dillon Ad. Loftus Ge. Shirley J. Temple Rob. Meredith To our very good Lord George Earl of Kildare The like Letters were the same day dispatched to the Earl of Antrim Earl of Fingale Viscount Gormanston Viscount Netervile Viscount Fitz-William Lord Trimblestone Lord Dunsany Lord Slane Lord of Hoath Lord Lowth Lord Lambert But the Lords of the Pale who had been already Treating with the Northern Rebels and therefore looked upon this as an artifice to ensnare them durst not adventure themselves to Dublin but Summoning an Assembly at the Hill of Tarah the Lord Gormanston brought thither an Answer ready drawn which being read and approved of was Signed by the Lords present and sent away the Copy whereof was as followeth
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
were disabled from making that Place a Nest of Pyrats and from giving Disturbance to the Haven of Dublin as was feared Of these Occurrances and the Deplorable condition to which they were then reduced being on all hands Surrounded with Arms and Dangers and ill-assured of the Fidelity of the Inhabitants of the City of Dublin the Board gave a large account to the Earl of Leicester Lord Lieutenant of Ireland in this ensuing Letter May it please your Lordship BY your Letters of the third of December we made known to your Lordship A Letter from the Lords Justices Council to the Lo. Lieutenant of Ireland Dec. 14th 1641. that Mr. Hawtrige was then newly arrived with the Treasure sent us from thence which came but to sixteen thousand five hundred fourscore and ten pounds a supply of Treasure far short of that which is now become necessary to perform any considerable service here against the Rebels whose numbers are increased wonderfully insomuch as the Forces they have about Drogheda on all sides it and between Drogheda and this place reaching even within four miles of this City are upon very credible report conceived to be above twenty thousand men and besides those numbers who are so united between this and Drogheda and thereabouts there are many thousands of them dispersed the whole Kingdom over for the meaner sort of people first rise generally and then those of better quality follow after and the fire which was first kindled in Vlster and lay a while smothered in other parts begins now to break out so generally as the defection now appears to be universal throughout the whole four Provinces so strangely rooted was the combination and that strengthned under the specious shew of a War for Religion for although before and since the Caution we had from your Lordship We have on our part endeavoured not to give any apprehension to the Irish that England doth intend to make it a War of Religion yet as we formerly made known to your Lordship the Rebels labour mainly to have it so understood Nay they now go so far as they call themselves generally the Catholick Army a Title which hath drawn many thousands to their party and yet many joyned with them for no other reason than because they saw our Succours expected forth of England and Scotland deferred they rightly judging that without those Succours we are not able to defend them our selves and indeed until those Succours come they must and will still encrease but if our men and arms were once arrived the very countenance of their coming would draw many from them to us and give stop to the fury with which they yet carry all before them whither soever they come They continue their rage and malignity against the English and Protestants who if they leave their goods or cattel for more safety with any Papists those are called out by the Rebels and the Papists goods and cattel left behind and now upon some new Councils taken by them they have added to their former a farther degree of cruelty even of the highest nature which is to proclaim That if any Irish shall harbour or relieve any English that be suffered to escape them with his life that it shall be penal even to death to such Irish and so they will be sure though they put not those English actually to the Sword yet they do as certainly and with more cruelty cut them off that way than if they had done it by the Sword and they profess they will never give over until they leave not any seed of an English-man in Ireland Nor is their malice toward the English expressed only so but further even to the Beasts of their fields and improvements of their hands for they destroy all Cattel of English breed and declare openly that their reason is because they are English so great is their hatred not only to the persons of the English but also to every species of that Nation and they destroy all improvements made by the English and lay waste the Habitations We formerly signified to your Lordship that to take away all jealousie from the Papists of the English Pale we would furnish them with some Arms and the rather because we well know that in the last great Rebellion in Ireland the English Pale stood firm to the Crown of England and that the Rebel Tyrone in the height of his power and greatness was never able to get into the Pale with his Forces whilest he was in Rebellion and upon this occasion the Noblemen and Gentlemen of the Pale making deep professions of their Loyalty to His Majesty in imitation of their Ancestors and with expressions seeming to abhor the Contrivers of this Rebellion here against whom they offered their power and strength so as they might have Arms and we being well assured that if we could gain their concurrence with us it would much facilitate our work we did at their earnest suit issue for them Arms for one thousand seven hundred men wherewith divers Companies were armed by them and some of themselves were appointed Governors of the Forces of the Counties and Captains of their Companies but so many of those Companies revolted to the Rebels and carryed away their Arms with them as we have recovered back but nine hundred and fifty Arms so as those whose Loyalty we had reason to expect would help us are now thorough their disloyalty turned against us and are strengthned with our own Arms and without all question if those of the English Pale had done their parts as became good Subjects with their Arms they had from us and those they might gather amongst themselves they might with our help not only have defended the Pale against the Rebels but might also have prevented the ruin and destruction wrought by their Tenants and Neighbours on the poor English and Protestants among them for the Noblemen and Gentry sate still and looked on whilest the English and Protestants were ruined before their faces the Papists in the mean time remaining secure without the loss of goods or any thing else When we saw the power and strength of the Rebels still growing upon us more and more and approaching by degrees more near to us and the English and Protestants robbed and spoiled even within two miles of this City in disdain and affront of this State which are scorns of so high a nature as we could not endure if we had strength sufficient to repress their insolencies and when we observed the retarding of our Succours of Men and Arms from England or Scotland neither of both Succours being yet come nor as we heard so much as in view there or in Scotland and when we found apparently that for want of those supplies we became in a manner so contemptible as we were in danger to be set upon for taking from us this City and Castle before our aids should come we bethought us of all the means we could of gaining time being
distinct Body of an Army and thereupon declared the Lord Gormanston General of the Forces to be raised in the Pale Hugh Birne Lieutenant General and the Earl of Fingal General of the Horse And to straiten the City of Dublin by keeping Provisions from coming thither Luke Neterville sent two strong Parties the one to possess Finglass within two Miles of the City and the other to Santry where they lay till those at Finglass were dislodged from thence by Col. Crafford lately arrived out of England with a Recommendation from the Prince Elector Palatine under whom he had served in the Wars of Germany The dislodging of the Rebels from Finglass happened by a pretty odd Adventure for Crafford having raised a Regiment of the stripped and despoiled English who came to Dublin for Sanctuary he daily Exercised them and being a Person of a good competency of Confidence and forwardness he requested the Earl now His Grace the Duke of Ormond to take a view of them and see how well in so short a time he had improved and disciplined his Men the next Morning His Grace with about 20 Horse of his Servants and some Persons of Quality went into the Field to see them Train but when he came there he found no Men upon the place but presently after hearing some shooting and conceiving they might be marched to some more convenient place he advanced to the place where by the shooting he judged they were when he came near he saw there was a Man brought off wounded whereupon he perceived it was no matter of Jest for it seems Crafford who had resolved to signalize himself had made an attempt upon the Rebels at Finglass but his Men who had scarcely recovered the fright they had escaped were not so well in either Courage or Discipline but that they had shewed the Rebels their Backs if His Grace by the opportune appearance of this small body of Horse had not reinforced them and the Rebels having no Horse and not knowing what strength or numbers were coming upon them immediately retired and drew off from the place The other Party at Santry hearing of the approach of Sir Charles Coot consulted with their heels for the security of the rest of their Bodies and quitted the place with so much fear and haste that they left behind them the best part of their Equipage and Provisions And to add to these misfortunes under which the Government and the English Protestants were so miserably oppressed the Provinces of Munster and Connaght now followed the Example of Vlster and Lemster and broak out into actual Rebellion so that now there was not one Corner of Ireland but what was infected with this dismal Contagion the whole Body was sick and the Heart faint and languishing The landing of Sir Simon Harcourt Sir Simon Harcourt with a Regiment arrives at Dublin Decemb. 31. a brave Experienced Captain with his Regiment who arrived at Dublin the last of December raised some hopes that Assistance and Relief would come from England but those very hopes were strangely over-ballanced by the Fears lest they should come too late And these delays had like to have proved Fatal for many of the Soldiers who came out of England seeing the weak and low condition of the City and the great Strength and Numbers of the Rebels began not only to shrink from the Service which appeared so desperate but mutinuously to perswade their fellows to return for England which occasioned the Publishing of this Proclamation By the Lords Justices and Council William Parsons John Borlase WE do hereby in His Majesties Name A Proclamation forbidding Soldiers to return to England Charge and Command all His Majesties Soldiers of this Army that upon pain of Death none of them presume to depart hence for England without express License in that behalf from the Lieutenant General of the Army And we Command all Owners and Masters of Ships Barques and other Vessels that upon pain of Death none of them do permit or suffer any of the said Soldiers to go aboard them or to be carried from hence into England And we require the Searcher and all other Officers and Waiters of the Customs that they and every of them do take special Care to prevent the Shipping or Exporting of any of the said Soldiers as aforesaid whereof they may not fail Given at His Majesties Castle of Dublin the 18th of Jan. 1641. Ormond Ossory R. Dillon Ad. Loftus J. Temple Charles Coote Fra. Willoughby Rob. Meredith The Board had not been at all wanting to represent the sad Condition of their Affairs to the Lord Lieutenant and the Two Houses of Parliament in England and the Reader may have observed that upon all occasions His Majesty had indeavoured to the uttermost of the Power he had left to forward the Relief and Assistance of Ireland But the Scots stood upon high Terms being rather managed with the desire of the English Money the sweetness of which they had tasted then with compassionate Zeal and Brotherly Kindness though they affected that word mightily to afford Sudden and Seasonable Relief to Ireland which they might with the greatest ease imaginable have done from Scotland that Country lying so near as to be within a few hours Sail from thence And for the Two Houses of Parliament in England they were so wholly taken up with their own Affairs and Designs against the King which now began to ripen apace towards an open Rebellion that they had no leisure to attend the present Relief of Ireland to any purpose insomuch that the Arms and Ammunition taken out of the King's Stores for that Service could not get a conveyance to the Ports whither they were Ordered for Transportation for want of Money as was often represented to the Two Houses by the Lord Newport Master of the Ordnance as before hath been made appear from the Journals and the Men who were raised and got as far as Chester lay there also Money-bound as is evident from this following Letter written from Col. Monk afterwards the memorable Duke of Albemarle to the Lord Lieutenant My Lord I Have received one Letter from your Lordship A Letter from Col. Monk to the Lord Lieutenant of Ireland and one from your Secretary and all your Lordships Commands have been observed here are Twelve Companies of your Lordships Regiment come to Chester there is only wanting your Lordships own Company and 40 Men of Captain Cope 's Company the which 40 Men he is bringing up himself and your Lordships Regiment is 1200 marching Men in Rank and File at this present We shall want nothing for our present Imbarquing but Money and your Lordships own Company for our Men are all Armed and Shipping ready to carry them over the want of Money with us has been very great by reason we have been forced to pay our Companies our selves ever since our Arrival here We could not prevail with the Townsmen of Chester for the furnishing of us with any
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
meant 447. Information against the Bishop of Bath and Wells 413. of Arms in the Marquess of Winchester 's House 453. of two Irish men from Chester 604. of Collonel Hunks against two Irish men for Listing Soldiers 612. of dangers in Lancashire 650. of a Ship of Frenchmen in Milford-Haven 710. of a Barrel of Gunpowder sent into the Country for a Barrel of Soap 719. that Members of Parliament were the occasion of the Tumults 790. against the Lord Digby and Collonel Lunsford 845. against Serjeant Dendy 888. of O. Cromwell against a Gentleman of Huntingdonshire ibid. of one Wishert that Cardinal Richelieu fomented the Irish Rebellion 897. frivolous Informations a Committee for them 855. Sir Thomas and Sir William Ingram Witnesses in the Case of the Earl of Strafford 83 94. Instructions for the Commissioners for Scotland 451 455. to the Commissioners for disarming Popish Recusants 473. additional Instructions for the Commissioners in Scotland 494 616. debated by the House of Lords 623. Instructions for the Commssioners to treat with the Scotch Commissioners about assisting Ireland 720. approved by the King 723. Interrogatories for further Examination of O Connelly 596. Inigo Jones a Declaration of the House of Commons against him 728. Ordered by the House of Lords to answer 729. his Answer 771. Irish Affairs a grand Committee about them 5. Irish Remonstrance 36 555 561. the condition of the Irish Army in the Earl of Strafford 's time 537. the sad State of affairs there at the time of the Rebellion 627. Irish Nobility and Gentery some kind to the English 634 635. Irish Rebellion the News of it communicated to the House of Commons by the Lords of the Council 513. a Letter about it from the Council in Ireland to the Lord Lieutenant General 514. Proclamation of the Lords Justices to stop it 522. Report of a Conference of both Houses about it 524. an account of some occasions of it 526. c. Words of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon it 540. Relation of it by the Lord Macguire 543. the Rebels their Remonstrance 555. a Manuscript of the Earl of Clarendon 's concerning it 590. Votes and Orders of Parliament relating to it 600 601 603 651 642. Judges their Opinion upon an Exception of the Earl of Strafford 101. upon the Bill of Attainder 192. Articles against them 324. not to Travel on the Lords day 325. their resolution to certain Quaeries about matters in Parliament 374. a Conference about their Impeachment 420. their Opinion concerning a Custos Regni 430. their Report of the Statutes in Force against Riots c. 709. Judges in Ireland their Answer to Quaeries of the Parliament there 575. Dr. Juxon disswades the Kings passing the Bill against the Earl of Strafford 192. K. JOhn Kay a Witness against the Earl of Strafford 58. Lord Keeper craves some time to retire 712. his Letters see Letters Robert Kennyday a Witness against the Earl of Strafford 55. 70. Dr. Ker Dean of Ardagh his Deposition concerning the Calumny thrown upon the King of giving Commission to the Irish Rebels 528. Lord Kilmallock a Witness against the Earl of Strafford 56 57. Kilvert a Patentee 256. Bail'd 475. Lord Kimbolton Impeach'd of High Treason 811. his Speech thereupon 815. moves to be Tryed 835. a Message from the King concerning him and the five Members 848. The King present incognito at the Tryal of the Earl of Strafford 29. his Speech to both Houses concerning the Earl of Strafford 186. his Message to the House of Commons about the Tumults disregarded 189. in great doubt about passing the Bill against the Earl of Strafford 192. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 thereupon 193. he passes it by Commission 195. his Letter to the House of Lords concerning the Earl of Strafford 197. his Answer to the Parliament concerning his Servants 231. passes three Bills 243. his Speech in answer to the Speaker about the Bill for Tonnage and Poundage 308. his Speech at Passing the Bills against Star-Chamber and High-Commission 327. his Manifesto about the Palatinate 383. his answer to the Proposition about Evil Councellors 387. assents to the five Propositions 404. takes leave of his Parliament 438. sets forward for Scotland 439. arrives there 453. his Speech to the Parliament there ibid. his Letter denying to Sign a Commission to the Parliaments Commissioners 468. his reasons for so doing 469. his Letter to the Lord Keeper 497. clear'd of Phanatick Calumnies concerning the Irish Rebellion 528 638. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 thereupon 540. acquaints the Parliament with it 600. his diligence to suppress the Irish Rebellion attested by the Parliaments Commissioners 612. returns from Scotland 675. his Reception in London 675. c. his Speech in answer to the Recorder 676. his Letter shewing his firmness to the Established Religion 683. his Speech to both Houses after his return from Scotland 708. after what manner he receives the Remonstrance of the House of Commons 709. promises to keep his Christmas at White-Hall 712. approves the Instructions of the Commissioners to Treat with the Scotch Commissioners about assistance for Ireland 723. his Speech to both Houses concerning Ireland 738. his answer to the Petition accompanying the Remonstrance 745. his Declaration in answer to the Remonstrance 746. his answer to the Petition about Breach of Priviledge 762. to the Message of the House of Commons about a Guard 803. demands the five Members by a Serjeant at Arms 814. comes in Person to the House of Commons for them 820. his Speech then there ibid. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon that matter 821. a lewd Pamphlet upon the same 830. Sir Robert King a Witness in the Case of the Earl of Strafford 83. Knighthood a Bill to prevent Vexatious Suits about it 309. past the House of Lords 424. Kynaston 's Case 258. L. LAmbeth House Searched for Arms 236. Mr. Lane appointed Council for the Earl of Strafford 10. his Argument in his behalf 153. appointed for Judge Berkley 499. for the twelve Impeach'd Bishops 812. Arch-Bishop Laud takes his leave of the Earl of Strafford 198. a Committee to expedite the Charge against him 265. Lay-Preachers complain'd of 265. reprehended 270. Lecturers the Tools of the Factions 234. an Order for them 477. Captain Legg sent for as a Delinquent 726. Bail'd 775. 780. design'd for Hull by the King stopt by the House of Commons 856. Earl of Leicester Lord Lieutenant of Ireland enabled by Ordinance of Parliament to Raise Men 606. scruples it without the Kings Command 615. 652. Order concerning him 543. 754. Sir Thomas Leighton a Witness against the Earl of Strafford 54. Dr. Leighton a Turbulent Preacher Enlarged 309. Lenthal Speaker of the House of Commons his Letter to Sir Edward Nicholas to get quit of the Chair 713 another 714. See Speaker General Leshly made Earl of Leven 683. Letters of the King to the Earl of Strafford commanding a Proclamation to prohibit the Irish going beyond Seas 75. to the same about the Oath 80. to
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
Estate sufficient to maintain his Quality in the Rank of Reputation which he held in the World but he was also born with a Mind so Great and Generous and a Genius so Elevated above the Lower Orb wherein he moved as could not suffer him to continue long in that safe Obscurity of a private Gentleman King James dying left his Son a Discontented State and an Empty Treasury two Misfortunes then which no Prince can well be supposed to have greater Necessitous Princes having ever been forced to part with a great measure of their Prerogative to inable them to keep and support the remainder and King Charles the First coming to the Crown found it stuck with Thorns instead of many of those Jewels which had adorned the Temples of his Royal Predecessors To Extricate himself out of those Difficulties he Summons a Parliament and layes before them the Necessities of the Crown and demands their assistance by Supplies of Money for managing the Palatinate Warr in which they had involved his Father and which with the Crown was devolved upon him but the Commons instead of Money presented him with Two Petitions one about Religion the other about Grievances and in the Conclusion they fell severely upon the Duke of Buckingham who by reason of the Great Favour of his Prince was fallen under the Popular Envy and Hatred and the Debates running very high the King Dissolved the Parliament and a Second being in the same strain and no Money to be had had also the same period of which the Reader will receive a more full Account in the Introduction to these Historical Collections whither to avoid Repetition he is referred The Necessities of the King daily increasing recourse was had to Extraordinary Methods of raising Money and among the Rest that of Loan by virtue of a Warrant under the Privy Seal to Gentlemen of Estates was made Use of and one of these Seals being sent to Sir Thomas Wentworth for 40 l he declined the Payment of the Money as intrenching upon the Property of the Subject whereupon he was confined as were several other Gentlemen upon the same Occasion By which suffering he became Exceeding Popular and look't upon as a Confessor for the Liberty and Property of the People and in the Following Parliament whereof he was a Member and in which he began to display his great Parts and Abilities upon this Occasion he came to be much taken notice of and observed even at the Court as a Person of uncommon Abilities and the gaining of him to the Kings Interest was by those who managed the Publique Affairs thought might contribute much to the advancement of the Kings Interest and Service But how unsuccessful this Procedure of gaining Men of Ability by Preferments and rebating the Edge of Popular Spirits by Honors and Advancements to Places of Trust proved to the Interest of the King not only the Event but Reason upon which it is Naturally Founded does most plainly manifest for Ambition or the natural Desire of Honour becomes hereby a perfect Hydra and the Prince cannot sooner remove one Head but immediately another rises in the place and at the same time that a Popular Opponent is converted by Court Preferment he becomes the Envy of all those whose Party he seems to have abandoned and the greatest Abilities and real Services he shall render to his Benefactor will not only be ill represented but by how much the greater his Interest Power and Abilities are by so much will he be Esteemed more dangerous and in proportion both Envy'd and Hated However it seems these were not the Sentiments at that time of those who managed the Affairs of State for a Train was laid for an Interview between Sir Richard Weston then Lord Treasurer and afterwards Earl of Portland and Sir Thomas Wentworth which being Effected the Interview begot an acquaintance and the acquaintance in a little time grew to a most Firm and Solid Friendship Great Minds being with little Difficulty invited to and Established in those Generous Friendships which are begotten not out of Wantonness or trifling formality but by the inward harmony and likeness which Noble Souls quickly discover in Each other It happened that in some of the divertive Entertainments of their agreeable Conversation these Two Great Men falling upon the Discourse of the Popular Humor in the Commons House which the Lord Treasurer wisely judged could never either portend or promote any real advantage to the Nation Sir Thomas declared himself to be in his Judgment an absolute Enemy to the consequences and dreadful Effects which usually attend Popular Commotions and disturbances which generally produce the very same or worse miseries then those which they pretend to redress and pursuing his ingenious discourse he offered some Expedients so rational and persuasive towards a Mediation and Reconcilement of the present Differences and some things so apposite to the present juncture of Affairs as Extremely raised the value of his Prudence and Wisdom in the Esteem of the Lord Treasurer who daily discovered more and more the penetrating Abilities of his Mind mingled with a solid firmness of Reason and Judgment It will easily be believed that the Lord Treasurer having as he could not but conclude found a Jewel fit for a Princes Cabinet was not backward in representing Sir Thomas Wentworth to his Majesty with a Character no ways disadvantagious to him nor was there any great difficulty to introduce him into his Majesties Esteem and Favour who was already possessed with a belief and knowledg of his Merit and how serviceable a Person of his Interest and Qualifications might be to his Affairs He was no sooner come under the warm influence of Majesty but he was made sensible of the Beams of Honour which are derived from the Royal Fountain of it and in a little time he was created Baron Wentworth and the Ascendant of his wisdom daily gaining upon his Majesties Favour and Esteem he was shortly advanced to the Honour of Viscount Wentworth of Wentworth Woodhouse made one of his Majesties most Honorable Privy-Council Lord Lieutenant of the County of York and Lord President of the Court and Council of the North. And here give me leave to mention a little and in appearance a trifling accident of Honour which proved the great if not the only occasion of his Ruin among the rest of his Honours he had the Title of Baron of Raby an Honour to which Sir Henry Vane one of his Majesties Secretaries of State who was possessed of the Castle of Raby and the Demeasns thereunto belonging had some pretensions and was not a little ambitious of but being overshadowed by this lofty and spreading Cedar he was so stung with the disappointment and so thirsty of Revenge that though he warily smothered his Resentments yet he was ever an Enemy to this Noble Lord and as it appeared for his sake to his Royal Master and as it may from hence be not improbably conjectured judging himself far more
nearly interested in the Ruin of this great Person than any other he satiated his private Revenge by the pretence of Publick Justice and when in all likelyhood the Earl must have Escaped the Prosecution of his Adversaries he produced that Fatal Scrip of Paper of which mention will be made hereafter which had lain so long Dormant or rather which was newly framed upon which the Bill of Attainder in the House of Commons was founded to take away that Life which a Legal Tryal would otherwise have acquitted though not of Misdemeanors yet of the Capital Crime of High Treason My Lord Wentworth being now made one of his Majesties Privy Council gave such daily Testimonies of his singular Wisdom as soon recommended him to the Observation of that Great Man William Laud then Bishop of London and afterwards Archbishop of Canterbury and that Discernment of each others Merits which generally in great Minds produces Emulation Envy and too commonly Aversion and Animosity begat in them a Friendship which being cemented by the common bond of Loyalty and Fidelity to their great Masters Service and Interest proved so firm and indissolvable as to have no other Period but that of their Untimely Deaths Nor did Fortune who seemed now wholy imployed in bestowing her treacherous Caresses upon this Noble Lord stop here for he was in a little time advanced to be Lord Lieutenant of Ireland one of the Trusts and Honours as near the wearing of a Crown as any thing can be that is not actually possessed of one when he came to that Government he found all things in great Disorder the Revenue so low that Ireland was a Burthen to the Crown of England which by his Wise Management he not only took off but so improved the Trade of the Nation and the Revenue of the Crown that that Kindom was not only able to support it self but to lend supplies to England And as he was an Extraordinary Zealous promoter of the Interest and Glory of the Established Church and the Protestant Episcopal Party for which possibly there was a stricter bond of amitie between him and the Arch-Bishop he did by the assistance of that great Metropolitane procure from his Majesty the Restoring of all the Impropriations which in that Nation were then in the Crown to the Bishops and Clergy thereby rescuing the Church-men from those disadvantages which Contempt and Poverty in these declining Ages of Religion had reduced them to and by proposing Rewards to Merit Virtue Learning and Piety encouraged men of Parts to dedicate themselves to those Nobler Studies That contenting themselves with those competent Provisions they might be enabled to resist the Temptations of applying themselves to the more gainful Arts of Secular Professions In short how he managed the Government of that Kingdom notwithstanding the turbulent Humor of the Native Irish whose Religion being Popish and whose Interest to dispossess the English whom they ever esteemed incroachers and invaders continually prompted them to Rebellions this is the clearest Testimony that during all the time that he was his Majesties Vice-Roy in that Kingdom there was not the least murmur of Sedition but all things buried in a most profound Peace and Quiet But no sooner were the Reigns of his Government taken off and even before the blood was cold which dyed his blushing Scaffold but that Kingdom was all in a blaze and from thence such sparks of Jealousie flew over into England as set this miserable Nation into such an Universal Conflagration as was not Extinguished but with whole Rivers of Blood which one may say not altogether Poetically seemed to be sacrificed by the Revenging Deity to the Manes of this Illustrious Man And now the Sun of his Glory was gotten to the Top of his Meridian and from thence had Exhaled those Vapours and sulphureous ingredients which being condensed into Clouds of Popular Discontents raised so horrible a Storm as forced him to set in a dismal Cloud Laetis hunc Numina Rebus Crescendi posuêre modum Innocence is no Protection against Envy and those Merits which raised Admiration and Satisfaction in Good and Virtuous Men produced Emulation and Hatred in the Minds of the Turbulent and Discontented and as formerly all the Complaints and Grievances of the Nation seemed to Centre in the Duke of Buckingham so now the Noble Earl of Strafford for to that Honour he was advanced inherited with the Favour of his Prince all that was Black and Criminal in a Favourite which was now become a certain mark of the Peoples Hatred The long Discontinuance of Parliaments the Imposition of Ship-mony and the Design of introducing Arbitrary Government were all placed to his Score as the intentions of bringing in Superstitions Innovations and Popery were charged upon the Archbishop of Canterbury But above all he had so Exasperated the Scottish Faction and their Friends in England that his or their Ruin as they concluded was inevitable for he had raised a Considerable Army in Ireland and being in the Sickness of the Earl of Northumberland made Lieutenant General of the Army in the North he was an utter Enemy to the Treaty and of Opinion by force of Arms to drive the Scots out of England and so confident was he in the height of his Courage that it might Easily be Effected that in one of his Letters to the Archbishop he writ That he would venture his head if he did not drive the Scots out of England and though he did not think it proper for him as the Case now stood to give the King that Advice Yet if any of the Lords would propose to the King to try the Fortune of a Battle he made not the least scruple to send the Scots back again in more haste than they came into England And had his Majesty pursued those Counsels in all humane Probability this Noble Earl might have saved not only his own but the Royal Head of his Master and that vast Expence of Blood and Treasure as well as the Honour of the English Nation which suffered infinitely abroad by all the succeeding Accidents and Events which Ensued that dishonourable Treaty but Diis aliter visum est No sooner was the Parliament met at Westminster Friday November 6. and the necessary affairs of choosing a Speaker taking the Oaths of Allegiance and Supremacy and upon Friday Novemb. 6. the Grand Committees for Religion Grievances Courts of Justice Trade and Priviledges settled but Mr. Pym moved for a Committee of the whole House to take into Consideration the Irish Affairs from whence there were great and numerous Complaints This was seconded by Sir John Clotworthy in a Speech wherein though he did not name the Earl of Strafford yet the pointed reflections were so easie to be interpreted that the whole House knew he was the Person at whose head the Thunderbolt was levell'd After some Debate the House was Divided upon the Question and there being Yeas 165 Noes 152 it was carried in the affirmative
said Earls command that he should Fight with the Scottish Army at the passage over the Tyne whatsoever should follow notwithstanding that the said Lord Conway had formerly by Letters informed him the said Earl that his Majesties Army then under his command was not of force sufficient to encounter the Scots by which advice of his he did contrary to the duty of his place betray his Majesties Army then under his command to apparent danger and loss All and every which Words Counsels and Actions of the said Earl of Strafford Traiterously and contrary to his Allegiance to our Soveraign Lord the King and with an intention and endeavour to alienate and withdraw the hearts and affections of the Kings Liege People of all his Realms from his Majesty and to set a division between them and to ruine and destroy his Majesties said Kingdoms For which they do farther impeach him the said Thomas Earl of Strafford of High Treason against our Soveraign Lord the King his Crown and Dignity To which the Earl according to the Order of the House of Lords prefixing the 23 of February for that purpose being brought to their House gave in his Answer in two hundred Sheets of Paper an abstract whereof as I find it in Mr. Rushworth's Trial of Thomas Earl of Strafford is here subjoined TO the First Article The Answer of Tho. Earl of Strafford to the 28 Articles of the Commons Feb. 23. he saith He conceives that the Commission and Instruction differ not from those formerly granted but refers to them and that such Alterations and Additions as were made were for ought he knoweth rather for the explanation than for the enlarging of the Jurisdiction the Care whereof was left to the Secretary of that Council and to the King 's Learned Council to be passed for the good of the King's Service and the Publick Welfare of that Province for Legality of the Proceedings divers eminent Lawyers were joyned with the President who for the Legal parts was by them to be directed He did not advise or procure the enlargement of the Commission and Instructions and he believeth nothing hath been practiced since that was not in former Times contained in former Commissions under general words He believeth Sir Conyers Darcy was lawfully Fined for Misdemeanors as a Justice of Peace and hath heard he being in Ireland that Sir John Boucher was Fined for some great Abuse at the Kings being at York going into Scotland to be Crowned to the Proceedings he refers himself He denies that he hath done any thing by that Commission or Instruction other than he conceived he might by virtue thereof lawfully do To the Second Article The little Finger of the Law He denieth the speaking of those words but saith That 30 40 l. or more being returned as Issues out of the Exchequer against some that had compounded for Knighthood for 10 l. or 20 l. so as the Issues far exceeded the Composition and yet would next time have been increased The said Earl upon this occasion said That now they might see that the little Finger of the Law was heavier than the King's Loins which he spake to nourish good Affections in them towards His Majesty and not to threaten or terrifie any as the Article is supposed To the Third Article Ireland a Conquered Nation he saith Ireland is not Governed by the same Laws that this Kingdom is unless it be meant by the Common Laws their Customs Statutes Execution of Martial Laws Proceedings at Council-Board very much differ they spake not the words in the Article to any such intent He saith It might be fit enough for him to remember them of the great Obligation they had to the King and His Progenitors that suffered them being a Conquer'd Nation to enjoy Freedom and Laws as their own people of this Kingdom and it might be that upon some such occasion he said to those of Dublin That some of their Charters were void and nothing worth and did not bind His Majesty farther than He pleased which he believes to be true having been formerly so informed by His Majesties Learned Council upon sundry occasions To the Fourth Lawyers not to dispute the Orders of the Council-Board in the Earl of Cork's Case he saith That the legal and ordinary Proceeding at Council-Table are and time out of mind have been by Petition Answers examination of Witnesses as in other Courts of Justice concerning British Plantations the Church and Cases hence recommended by the King for the time being and in Appeals from other Courts there and the Council-Board have always punished Contempts to Orders there made to Proclamations and Acts of State by Fine and Imprisonment He saith That it might be he told the Earl of Cork that he would Imprison him if he disobeyed the Orders of the Council-Table and that he would not have Lawyers dispute or question those Orders and that they should bind but remembreth not the Comparison of Acts of Parliament and he hath been so far from scorning the Laws that he hath endeavoured to maintain them the Suit against the Earl in the Castle-Chamber was concerning the Possessions of the Colledge of Youghall worth 6 or 700 l. which he had endeavoured to get by causing of unlawful Oaths to be taken and very undue means the matter proceeded to Examination and Publication of Witnesses and after upon the Earl of Cork's humble Suit and payment of 15000 l. to His Majesty and his acknowledgment of his Misdemeanors obtained a Pardon and the Bill and Proceedings were taken off the Files and he remembers not any Suit for breach of any Order made at Council Table To the Fifth he saith Lord Mountnorris sentenced to suffer death by Martial Law The Deputies and Generals of the Army have always executed Martial Law which is necessary there and the Army and the Members thereof have been long time Governed by printed Orders according to which divers by Sentence of the Council of War have formerly been put to death as well in the time of Peace as War The Lord Mountnorris being a Captain of a Company in the Army for mutinous words against the said Earl General of that Army and upon two of those ancient Orders was proceeded against by a Council of War being the Principal Officers of the Army about twenty in number and by them upon clear Evidence Sentenced to Death wherein the said Earl was no Judge but laboured so effectually with His Majesty that he obtained the Lord Mountnorris's Pardon who by that Sentence suffered no personal hurt or damage save about two days Imprisonment And as to the other Persons he can make no Answer thereunto no particulars being described To the Sixth he saith The Suit had depended many years in Chancery The Lord Mountnorris put out of Possession and the Plaintiff Complaining of that delay the said Earl upon a Petition as in such Cases hath been usual calling to him the then Master of the Rolls
200 l. These if done upon these private ends alone had not been a Treason as appears by the very words of the Statute of 25 Edw. 3. before mentioned of marching openly or secretly But my Lords these of Cambridge and Bridgewater they were of the conspiracy with the Villains as appears in the Parliament Roll of the First year of Richard the 2d Number 311. and 32. where the Towns of Cambridge and Bridgwater are expresly excepted out of the general Pardon made to the Villains this being done in reference to that design of the Villains of altering the Laws this was that which made it Treason If the design went no further than the enforcing Obedience to these Paper-Orders made by himself it was sufficient it was to subvert one fundamental part of the Law nay in effect the whole Law what use of Law if he might order and determine of Mens Estates at his own pleasure This was against the Law notoriously declared in Ireland In the close Roll in the Tower in the 25th year of Edward the 1. a Writ went to the Justices in Ireland that Kingdom at that time was governed by Justices declaring That upon Petitions they were not to determine any Titles between party and party upon any pretence of profit whatsoever to the King In the Eight and twentieth year of Hen. the 6th Chap. 2. Suits in Equity not before the Deputy but in Chancery Suits at Common-Law not before him but in cases of Life in the Kings-Bench for Title of Lands or Goods in the proper Courts of the Kings-Bench or Common-Pleas This declared in the Instructions for Ireland in the latter end of King James His time and by the Proclamation in His Majesties time my Lord took notice of them called the Commissioners narrow-hearted Commissioners The Law said He should not thus proceed in the subversion of it he saith he will and will enforce Obedience by the Army this is as much in respect of the end as to endeavour the overthrow of the Statutes of Labourers of Victuals or of Merton for Inclosures here is a Warrant against the King in respect of the end Secondly In respect of the Actions whether there be either a Levying of War or an open Deed or both My Lords There was an Army in Ireland at that time of Two thousand Horse and Foot by this Warrant there is a full designation of this whole Army and an Assignment of it over to Savil for this purpose The Warrant gives him power from time to time to take as many Soldiers Horse and Foot with an Officer throughout the whole Army as himself shall please here is the terror and awe of the whole Army to enforce Obedience My Lords If the Earl had Armed two thousand men Horse and Foot and formed them into Companies to this end your Lordships would have conceived that this had been a War It 's as much as in the Case of Sir Thomas Talbot who armed them in Assemblies This is the same with a breach of Trust added to it That Army which was first raised and afterwards committed to his Trust for the Defence of the People is now destined by him to their destruction This assignation of the Army by his Warrant under his Hand and Seal is an open Act. My Lords Here 's not only an open Act done but a Levying of War Soldiers both Horse and Foot with an Officer in Warlike manner assessed upon the Subject which killed their Cattel consumed and wasted their Goods Your Lordships observe a great difference where six men go upon a design alone and when sent from an Army of six hundred all engaged in the same service so many were sent as were sufficient to execute the Command if upon a poor man fewer more upon a rich if the six had not been able the whole Army must make it good The reason that the Sheriff directed alone or but with one Bayliff to do execution is because he hath the Command of the Law the King 's Writ and the Posse Comitatus in case of resistance Here 's the Warrant of a General of an Army Here 's the Posse Exercitus the Power of the Army under the awe of the whole Army six may force more then sixty without it and although never above six in one place yet in several parts of the Kingdom at the same time might be above sixty for sessing of Soldiers was frequent it was the ordinary course for execution of his Orders The Lord-Lieutenant of a County in England hath a design to alter the Laws and Government nay admit the design goes not so high he only declares thus much he will order the Freeholders and Estates of the Inhabitants of the County at his own will and Pleasure and doth accordingly proceed upon Paper-Petitions foreseeing there will be disobedience he grants out Warrants under his Hand and Seal to the Deputy-Lieutenants and Captains of the Trained-bands that upon refusal they will take such number of the Trained-bands through the County with Officers as they shall think good and lay them upon the Lands and Houses of the refusers Soldiers in a Warlike manner are frequently sessed upon them accordingly your Lordships do conceive that this is a Levying of War within the Statute The Case in question goes further in these two Respects That it is more against the declared Law in Ireland not only against the Common-Law but likewise against the Statute of 28 Hen. 6th against the Acts of the Commissioners against Proclamations in persuance of the Law against that himself took notice of narrow-hearted Commissioners In this that here was an Army the Soldiers by profession Acts of Hostility from them of greater terror than from Freeholders of the same County My Lords I have now done with the First of Levying of War The Second is the Machination the advising of a War The Case in this rests upon a Warrant to Savile and the advice in the 23 Article The Warrant shews a resolution of imploying the old Army of Ireland to the oppression of his Majesties Subjects and the Laws In the 23d Article having told his Majesty that he was loosed and absolved from Rules of Government and might do every thing which Power might admit he proceeded further in Speech to his Majesty in these words You have an Army in Ireland you may employ to reduce this Kingdom My Lords Both being put together there 's a Machination a practise and advice to Levy War and by force to oppress and destroy his Majesties Subjects It hath been said the Statute of the 25 Edw. 3. is a penal Law and cannot be taken by equity and construction there must be an actual War the Statute makes it Treason to counterfeit the King's Coin the conspiring the raising of Furnaces is no Treason unless he doth Nummum percutere actually Coin My Lords This is only said not proved the Law is otherwise the 19th Hen. 6. fol. 49. there adjudged That the conspiring and aiding to
counterfeit Coin was Treason and Justice Stamford fol. 331. 44. is of opinion that this or the conspiring to counterfeit the Great Seal is Treason The Statute is If any shall counterfeit the Great Seal conspiring to do it by the Book is Treason if a man take the Broad Seal from one Patent and put it to another here is no counterfeiting it 's tantamount and therefore Treason as is adjudged in 2 Hen. 4. fol. 25. and by the opinion of Stamford If Machination or Plotting a War be not within that clause of the Statute of Levying of War yet is within the first of compassing the death of the King as that which necessarily tends to the destruction both of King and People upon whose safety and protection he is to engage himself That this is Treason hath been adjudged both after the Statutes of 1 Hen. 4. Cap. 10. and 1 Queen Mary so much insisted upon on the other side In the Third year of King Henry 4th one Balshal coming from London found one Bernard at Plough in the Parish of Osley in the County of Hertford Bernard asked Balshal what news he told him that the news was That Richard the Second was alive in Scotland which was false for he was dead and that by Midsummer next he would come into England Bernard asked him What were best to be done Balshal answered Get Men and go to King Richard In Michaelmas Term in the Third year of Hen. 4th in the Kings-Bench Rot. 4. This advice of War adjudged Treason In Queen Mary's time Sir Nicholas Throckmorton conspired with Sir Thomas Wyat to Levy War within this Realm for alteration in Religion he joyned not with him in the execution This conspiracy alone declared to be Treason by all the Judges this was after the Statute of Queen Mary so much insisted upon That Parliament ended in October this opinion was delivered the Easter Term following and is reported by Justice Dyer fol 98. It 's true Sir Thomas Wyat afterwards did Levy War Sir Nicholas Throckmorton he only conspired This adjudged Treason One Story in Queen Elizabeths time practised with Foreigners to Levy War within this Kingdom nothing done in pursuance of the practice The intent without any adhering to enemies of the Queen or other cause adjudged Treason and he executed thereupon It 's true my Lords that year 13 Eliz. by Act of Parliament it 's made Treason to intend the levying of War this Case was adjudged before the Parliament The Case was adjudged in Hillary Term the Parliament begun not till the April following This my Lords is a Case judged in point that the practising to Levy War though nothing be done in execution of it is Treason Object It may be objected That in these Cases Object the Conspiring being against the whole Kingdom included the Queen and was a Compassing Her destruction as well as of the Kingdoms here the advice was to the King Answ The Answer is first That the Warrant was unknown to His Majesty Answ that was a Machination of War against the People and Laws wherein His Majesties Person was engaged for protection Secondly That the advice was to his Majesty aggravates the Offence it was an Attempt which was the Offence it was an Attempt not only upon the Kingdom but upon the Sacred Person and His Office too himself was hostis patriae he would have made the Father of it so to Nothing more unnatural nor more dangerous than to offer the King Poyson to drink telling him that it is a Cordial is a passing of his death the Poyson was repelled there was an Antidote within the Malice of the giver beyond expression The perswading of Foreigners to invade the Kingdom hold no proportion with this Machination of War against the Law or Kingdom is against the King they cannot be severed My Lords If no actual War within the Statute if the Counselling of War if neither of these single Acts be Treason within the Statute The Commons in the next place have taken it into consideration what the addition of his other Words Counsels and Actions do operate in the Case and have conceived that with this Addition all being put together that he is brought within the Statute of 25 E. 3. The words of the Statute are If any Man shall Compass or Imagine the death of the King the words are not If any Man shall Plot or Counsel the Death of the King No my Lords they go further than to such things as are intended immediately directly and determinatively against the Life and Person of the King they are of a larger extent to compass is to do by Circuit to Consult or Practise another thing directly which being done may necessarily produce this effect However it be in the other Treasons within this Statute yet in this by the very words there is room left for constructions for necessary inferences and consequences What hath been the Judgment and Practice of former times concerning these words of compassing the Kings Death will appear to your Lordships by some Cases of Attainders upon these words One Owen Owen's Case of Sandwich in Kent in King James His time in the 13th year of His Reign at Sandwich in Kent spake these words That King James being Excommunicated by the Pope may be killed by any Man which killing is no Murther Being asked by those he spake to how he durst maintain so Bloody an Assertion Answered That the matter was not so heinous as was supposed for the King who is the Lesser is concluded by the Pope who is the Greater and as a Malefactor being Condemned before a Temporal Judge may be delivered over to be Executed So the King standing Convicted by the Popes Sentence of Excommunication may justly be slaughtered without fault for the Killing of the King is the Execution of the Popes Supream Sentence as the other is the Execution of the Law For this Judgment of High Treason was given against him and Execution done My Lords there is no clear intent appearing that Owen desired the thing should be done only Arguments that it might be done this is a Compassing there is a clear Endeavour to corrupt the Judgment to take off the Bonds of Conscience the greatest security of the Kings Life God forbid saith one of better Judgment then he that I should stretch out my hand against the Lords Anointed No saith he the Lord doth not forbid it you may for these Reasons lawfully kill the King He that denies the Title to the Crown and plots the means of setting it upon anothers head may do this without any direct or immediate desiring the death of Him that wears it yet this is Treason as was adjudged in the 10 of Hen. 7 in these of Burton and in the Duke of Norfolk's Case 13 Eliz. This is a compassing of His Death for there can no more be two Kings in one Kingdom then two Suns in the Firmament he that conceives a Title counts it worth venturing