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
not to tender a thing called a Plea and Demurrer As also that the Commons conceive they ought to have been called in this Case for that they have desired it in both their Charges to be present at their Answer and that it was their Right to have been called Further They observe the long delay to the Commons for that they having charged these 13 Bishops long since for meer matter of Fact to be brought so late to Answer may introduce great inconveniencies in this particular and in the Consequences and is not Exampled by former Precedents That therefore upon these Grounds the Commons desire the Lords they may be admitted to make good their proof against these 13 Bishops and that they may be brought to Judgment It was this day Ordered by the Lords Tuesday Decemb. 7. Some Causes in Parliament determinable in no other Court That Forasmuch as the Cause between Smith and Busby in a Writ of Error decidable in no other Court but in Parliament in regard the Suit was Commenced by Original Writ and depending long before the Lords here it having been sundry days attended for Argument with Counsel And being it is a matter in Law the presence of the Judges is thought needful and so cannot be heard in the Term without prejudice to the several Courts of Westminster-Hall It is therefore Ordered by this House That the said Case shall be argued at this Bar on Thursday Sevennight next being the 16th of this Instant December and the Judges are desired to be present at the said Argument And further That the Parties of either side or their Council are to attend and come prepared for arguing and debating the Points in the said Case at their perils The following Commission to give Power to the English Commissioners of both Houses to Treat with the Scots Commissioners touching the Affairs of Ireland was read viz. CHARLES by the Grace of God The King's Commission to several Lords and Commons to treat with the Scots Commissioners concerning assistance for Ireland c. To Our right Trusty and right Well-beloved Cousin William Earl of Bedford and to Our right Trusty and right Well-beloved Cousin and Councellor Robert Earl of Leicester Lieutenant General and Governor General of Our Realm of Ireland as also to Our Trusty and right Well-beloved Edward Lord Howard of Escrick and likewise to Our Trusty and right Well-beloved Nathanael Fines Esq Sir William Armyn Baronet Sir Philip Stapleton Knight John Hampden Esq Greeting Know ye That We reposing assured Trust and Confidence in your approved Wisdoms Fidelities and great Abilities have Nominated Constituted and Appointed you to be our Commissioners and by these presents do give full Power and Authority unto you or any Three or more of you whereof the said Earl of Bedford Earl of Leicester or Lord Howard to be one to Treat and Consult with Our Right Trusty and Right Well beloved Cosins William Earl of Lothian and John Earl of Lindsay Our Commissioners of Our Scottish Nation of and concerning Our Irish Affairs for the quieting and suppressing of all Tumults Insurrections and Rebellions moved and raised in Our Realm of Ireland and settling Peace and Tranquillity therein according to such Instructions and Directions as you shall hereafter from time to time receive from Vs in that behalf Wherefore We Will Require and Command you or any three or more of you whereof the said Earl of Bedford Earl of Leicester and Lord Howard to be one forthwith with all diligence to attend the Execution of this Our Commission accordingly And whatsoever you shall do in this behalf according to the Tenor hereof this Our Commission shall be your sufficient Warrant and Discharge for the same Witness Our Self at Westminster the 7th day of December in the 17th Year of Our Reign c. The late Bishop of Lincoln now Archbishop of York Late Bishop of Lincoln now Archbishop of York Reports the Conference concerning the Bishops Impeached Reported the Conference with the Commons Yesterday concerning the Impeached Bishops which because it differs from the Heads Reported for that purpose by Mr. Glyn in the Commons Journal I thought it not amiss to insert His Grace Reported That Mr. Glyn said That the Knights Citizens and Burgesses of the House of Commons having lately received a Message from their Lordships that their Lordships had appointed this day to hear the Plea and Demurrer of the Bishops and that such of the House of Commons might be there as they thought fitting commanded him to deliver unto their Lordships these Particulars That the Canons and Constitutions in Question were voted by both Houses to contain Matters contrary to the King's Prerogative the Laws of the Land the Right of Parliament the Propriety and Liberty of the Subject and many matters tending to Sedition and of dangerous Consequence That thereupon the House of Commons to the intent to bring this Matter to Judgment brought up their Impeachment of the 13 Bishops 4th Augusti last which was read verbatim This was all that was acted 4o. Augusti But least this Impeachment might prove too general they brought up a second Charge or Impeachment 13 Augusti which was read in haec verba Whereas the Knights Citizens c. which to avoid Tautologies the Reader may see before in the Transactions of the 13 August By the bringing of this second Impeachment the House of Commons conceive they had satisfied two main Objections 1. That the Book of Canons and Constitutions was not particularly instanced upon in the first which now they punctually deliver with the Impeachment 2. That they had not before charged any thing in particular but now they did That all and every the said Canons and Constitutions and Grants of Benevolence c. were and are contrary c. as in the Vote And hereupon they desired the 13 Bishops might be put to their Answers and yet for all this Desire of the Commons 13. Augusti they had several times which spent almost a Quarter of a Year given them to answer in Their last and peremptory day was the 10th of November last and then they put in no Answer at all but a certain Writing which they are pleased to call a Plea and Demurrer Vpon notice hereof the House of Commons returned an Answer That whereas they had impeached 13 Bishops whereof one of them had pleaded Not Guilty and the rest had neither confessed nor denyed the Impeachment they desired a prefixed day to descend to Proofs and make good the Charge Soon after they received a Message from their Lordships That their Lordships had appointed this day to hear the Demurrer argued Hence it appears That notwithstanding divers daies are given to the Bishops to answer nothing is brought in but a Plea and Demurrer which was not to be admitted for two several Reasons 1. No Defence ought to be made to an Impeachment brought in by the Commons but in the presence of the Commons and it ought to be
the Lords Committees to joyn with them to consider of a Way for Securing of both Houses by Guards as aforesaid that they may come and return and remain in safety Hereupon the Lords Committees have Voted That it is fit and necessary that there should be strong and sufficient Guards from the City of London and adjacent Parts for the securing of both Houses that they may sit in safety Secondly Their Lordships have Voted That it is a legal way for the Houses to require the Sheriffs of Middlesex and London to attend for that purpose with the Posse Comitatus and that they will Report these Votes to the House of Commons accordingly And the Lords Committees meeting with the Committee of the House of Commons the 10th of this instant January were of Opinion That Guards are necessary to be placed before the Committee for Irish Affairs do sit at Westminster and for the manner of ordering of the Guards they referred it to the Common-Council of the City of London And their Lordships will Report to the House of Lords That the placing of those Guards for the safety of the Irish Committee is in their Opinion an acceptable service to the Common-wealth Which Report being made it was confirmed by the House and the several Votes approved and Ordered accordingly Then the Lord Steward Reported the Kings Answer touching the desire of both Houses concerning Guards which Answer was read in these words WE having considered the Petition of both Houses of Parliament concerning a Guard do give this Answer That We will to secure their Fears Command the Lord Mayor of London The Kings answer concerning Guards to appoint 200. Men out of the Train'd Bands of the City such as he will be answerable for to Vs to wait on the House of Parliament that is to say one hundred on Each House and to be Commanded by the Earl of Lindsey it being most proper to him as being Lord Great Chamberlain who by his Place hath a particular Charge of the Houses of Parliament and of whose Integrity Courage and Sufficiency none can doubt But the Faction of the Commons were resolved to have no Guard of the Kings but one of their own appointment Order for a Guard of the Train'd Bands to be Commanded by Major Skippon for upon a Vote of the Commons to this purpose it was Ordered That the Sheriffs of London and Middlesex be hereby required to send two Companies of the Train'd Bands of the City of London and County of Middlesex under the Conduct of Serjeant Major Skippon to attend both Houses of Parliament every day for security of the Parliament until both Houses do give order to the Contrary Directed to the Sheriff of the City of London and Middlesex A Message was brought up by Sir Philip Stapelton who brought up a Bill which had passed the House of Commons Intituled An Act declaring That the Lords and Commons may Adjourn themselves respectively to any Place 2. To let their Lordships know that the House of Commons are informed that there is at Hull a Magazin of Arms of the Kings for 16000. Men and proportionable Ammunition But in regard no great strength is in the Town and that the Countrey about is full of Papists ill affected The House of Commons desires their Lordships to joyn with them that some Companies of the Train'd Bands next adjoyning to Hull be forthwith put into that Town for the Safeguard of that Town and the Magazin there and the said Train'd Bands to be under the Command of Sir John Hotham Knight who hath the Command of that Town already by Patent from the King Whereupon it was Ordered Order for Sir John Hotham to keep the Town of Hull That some of the Train'd Bands of Yorkshire nearest to Hull in the said County under the Command of Sir John Hotham Knight shall with all speed be put into the Town of Hull for the securing of the Kings Magazin there and the said Town and hereof the said Sir John Hotham is by Virtue of this Order Commanded to perform accordingly And the said Sir John Hotham is to Command the Town and Forces therein and all Parties whom it concerns shall give their Obedience unto the said Sir John Hotham and his Ministers And lastly That Sir John Hotham or whoever he shall appoint under him shall not deliver up the Town of Hull or Magazin there or any part thereof without the Kings Authority Signified unto him by the Lords and Commons Assembled in Parliament Directed to Sir John Hotham the Elder The Vizor now began to drop off apace for the plain English of this and the former Order for a Guard was that the King was only to have the Name but the two Houses were to have the Substance of the Royal Authority And certainly no men ever moved by more Regular Steps towards Rebellion they had pretty well Exhausted his Majesties Stores for the Service of Ireland and now they were resolved to Secure the Rest The Tower of London hung still mightily in their Light and though the King had Displaced Lunsford yet Sir John Byron the present Lieutenant who was a Person of great Loyalty Courage and Gallantry was by no means agreeable to their Liking or Designs and therefore the next attempt was to get quit of him and a Confiding man a Creature of the Faction placed in that Important Command as we shall presently see Then the Act An Act for the Lords and Commons to adjourn themselves to any place passed the Lords declaring that the Lords and Commons may Adjourn themselves respectively to any Place was read twice and after a short debate a third time and upon the Question it was consented to to pass as a Law From whence it is observable that even this Parliament who had gotten an Act that they should not be Prorogued or Dissolved without their own Consent yet did not think they had Power without the Royall Assent to an Act of Parliament to Adjourn themselves to any other Place from Westminster whither they were by Writ Summoned to Assemble and Sit and which likewise is a Concession that it was so solely in his Majesties Power though not to Dissolve them yet to have Adjourned them to some other Place less Factious and Troublesom then at that time London was A Petition was presented this day to the Lords from the Inhabitants of Bucks as follows To the Right Honourable the House of Peers now Assembled in PARLIAMENT The humble Petition of the Inhabitants of the County of Bucks Bucks Petition to the Lords Jan. 11. 1641. SHEWETH THat whereas we hoped upon the happy Assembling of this present Parliament we should have had a speedy Redress of those Pressures we have for many Years been under but have been hitherto in great Measure Frustrated of your hopes by the strong Counter-working of a Malignant Faction whereby the perfecting of Reformation is hindred the endeavours of the House of Commons in great
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
of the Palatinate by whose only means he had suffered the same to be lost to the Emperor and that therefore he should presently press that King either to give a full and direct Answer under his Hand and Seal for the Restitution thereof or else to joyn his Armes with his Majesty against the Emperor for the Recovery of the same But this matter as it further appears by the Original Journal-Books of the Lords House being either not throughly pressed or notably dissembled so many delays ensued one upon the neck of another as in the Issue it drew his Royal Majesty then Prince of Wales to undertake that dangerous and remote Journey unto that Nation which hath been the long and hereditary Enemy of England This Journey was chiefly undertaken by so great a Prince to add an end one way or other to that unfortunate Treaty and his stay in Spain did causally proceed from his earnest desire to have effected a peaceable Restitution of the Palatinate and therefore I doubt not but he shall now live to verifie that Excellent and Heroick Expression which he made to the Conde de Oilvarez a little before his coming out of that Kingdom Look for neither Marriage nor Friendship without the Restitution of the Palatinate And I assure my self That the Force and Power of Great Britain which was lately by subtil and wicked Instruments divided against it self being now united in One again will be able to Effect such Great and Considerable Actions as shall render his Majesties Name and Reign Glorious to all Posterity The Two Houses of Parliament at that time received the before-mentioned Declaration with so much resentment as having rendred Glory to God that had so seasonably discovered the Spanish Frauds and next their humble acknowledgments to their then Gracious Soveraign for requiring their Counsels in a business of so great Importance they did unanimously advise him to break off the said two Treaties touching the Marriage and the Restitution of the Palatinate ingaging no Less than their Persons and Purses for the Recovery of the then Prince Elector's Ancient and Hereditary Dominions It appears also in the Original Journal-Book of this House De Anno 1. Caroli That this great Business was again taken into Consideration but was finally intombed with other Matters of great Moment by the fatal and abortive Dissolution of that Parliament If therefore this Great Council of the Kingdom did in those two former Parliaments account the Restitution of this Illustrious and Princely Family to be of such great necessity for the preserving of True Religion abroad and securing our selves at home as to ingage themselves for an Assistance therein Certainly we may upon much better grounds undertake the same now when I assure my self we may go as far with a Thousand pounds for the present as we could have done with Ten thousand at that time for let us but take a short View of the Estate of Christendom what it was then and what it is now and we shall easily perceive a great Alteration in the ballance thereof In France where Monsieur de Luynes did then rule all being himself acted by the Pope's Legate that King Contrary to the Examples of Francis the First Henry the Second and of Henry the Great his own Father and Contrary to the Maximes and Interest of that State and his own Safety advanced the Formidable Power and Spreading Greatness of the House of Austria but now the same French King's Eyes have been so opened that shaking off that former unhappy Slumber he was in he hath by his Arms and Power to his immortal Honour and Glory for divers years last past endeavoured to restore again that Liberty to the German Empire in the Ruin of which himself had so fatally before Concurred The Swedes were then involved in several Wars or Jealousies with the Pole and inforced to keep at home to defend their own but now have a strong Army and possess divers Pieces of Important Consequence within the very Bowels of the Empire The Episcopal Electors with the other Pontifician Princes and Prelates the sworn Enemies of the Protestant Religion were then Rich and Potent but since most of their Countries and Territories have tasted of the same Calamities of War which they had formerly brought upon their Neighbours so as now they are most of them scarce able to defend their own much less to offend any other The Pseudo-Lutheran Elector of Saxony that is Causally guilty more than any other single person Living of all those Calamities and Slaughters which have for so many Years wasted Germany and was then so Liberal of his Treasure and so forward with his Arms to ancillate to the Emperor's Designs to the almost utter Subversion of the True Religion in Germany is now after the reiterated temeration of his Faith and Promises the Fatal Survivor of the several Devastations of his own Country and Dominions so as all those vast difficulties and great dangers which might well have retarded the forwardness of those two former Parliaments the first being held in the 22d Year of his Majesty's Royal Father and the Later in his Own first Year being now removed we have greater Encouragements than ever to Concur with our Sacred Soveraign in the Asserting of this his most Just and Princely Manifesto For mine own part I expect no good Issue of the present Treaty at Ratisbonne I know the Duke of Bavaria's Ambition too well ever to imagine that he will part with those Large Revenues and much less with the Septem-Viral Dignity and Suffrage he hath obtained by the Prince Elector's Calamity and Misfortune unless it be Extorted from him by force of Arms. My humble Advice therefore is That we send up to the Lords to desire a speedy Conference with them in which we may acquaint their Lordships how far we have proceeded in our Approbation of his Majesties most Royal Manifesto and to move them to Concur with us therein After a long Debate the House came to this Resolution Resolved c. That this House doth Approve of his Majesties Pious Intention in the behalf of his Royal Sister the Queen of Bohemia Vote about the Manifesto and his Nephew the Prince Elector Palatine and the rest of the Princes of that Family and of the Publishing the Manifesto to that purpose and this House will be ready to give his Majesty such Advice and Assistance therein by Parliament as shall stand with the Honour of His Majesty and the Interest and Affection of this Kingdom if the present Treaty shall not succeed But these were only Words and they were so far from giving his Majesty or the Electoral Family any Assistances that having Encouraged the King of England to put out this Manifesto and then failing him of all Assistances to make it good they rendred Themselves the English Nation and the King himself Cheap in the Esteem of Forreign Nations however Mr. Pym was Ordered to go up to the Lords to desire a
Conference about it The House of Lords was turned into a Committee to debate the 4th Head brought from the House of Commons concerning the Queens Majesty and the first Branch was agreed to The further Debate of the 10 Propositions by the Lords To the Second Article It was agreed to Joyn with the House of Commons to move the King That he will be pleased not to give his Consent to the same hereafter it being against the Laws of this Kingdome To the Third concerning the Colledg of Capuchins at Denmark-House agreed The 4th not now Resolved There was a Debate in the Commons House Thursday July 8. concerning the Forreign Ambassadors entertaining and sheltering Romish Priests and Jesuits Natives of his Majesties Dominions upon which it came to this Vote Resolved c. That this House doth declare That no Forreign Ambassador whatsoever ought to shelter or harbour any Popish Priest or Jesuit Vote against Forreign Ambassadors Entertaining Romish Priests Natives of the Kings Dominions that are Natives of the Kings Dominions under pretence of being their Servants or otherwise And the Committee for the 10 Propositions to his Majesty about his Journey are to present this Declaration to the Lords Committee appointed to meet them and to desire their Lordships to Joyn with this House to Petition his Majesty that this may accordingly be observed The Cessation was Voted to continue 14 dayes longer from Munday next Cessation prolonged The House then reassumed the Debate about Mr. Hollis and others Imprisoned and Fined 3 Car. and came to these Votes Further Votes about Mr. Hollis c. 3 Car. Resolved c. That Sir George Crook one of the Justices of the Kings Bench is not Guilty of the delay in granting the Habeas Corpus to Mr. Hollis c. Resolved c. That the continuance of Mr. Hollis c. 3 Car. in Prison by the then Judges of the Kings Bench for not putting in Sureties for the Good Behaviour was without Just or Legal Cause Resolved c. That the Exhibiting the Information against Mr Hollis Sir John Eliot and Mr. Valentine in the Kings Bench being Members of Parliament and for matters done in Parliament was a breach of Priviledge of Parliament Resolved c. That the Judgment given upon Nihil dicit against Mr. Hollis Sir John Eliot and Mr. Valentine and the Fines thereupon Imposed and their several Imprisonments thereupon was against the Law and the Priviledg of Parliament Resolved c. That the several proceedings against Mr. Hollis Sir John Eliot and Mr. Valentine by committing them and Prosecuting them in the Star-Chamber and the Kings Bench is a Grievance Resolved c. That Mr. Hollis Mr. Strode Mr. Valentine Mr. Long and the Heirs and Executors of Sir John Eliot Sir Miles Hobart and Mr. Peter Heyman respectively ought to have reparation for their respective Damages and Sufferings against the Lords and others of the Council by whose means they were apprehended and committed against the Council that put their Hands to the Information in the Star-Chamber and the Judges of the Kings Bench. Resolved c. That Mr. Laurence Whittacre being a Member of the Parliament 3 Car. and entring into the Chamber of Sir John Eliot being likewise a Member of that Parliament searching of his Trunk and Papers and Sealing of them is Guilty of the Breach of Priviledg of Parliament this being done before the dissolution of the Parliament Resolved c. That Mr. Laurence Whittacre being guilty of the Breach of the Priviledg of Parliament as aforesaid shall be sent forthwith to the Tower there to remain a Prisoner during the Pleasure of the House Whereupon Mr. Whittacre being called down Mr. Lau. Whittacre sent to the Tower for Breach of Privilege 3 Car. and kneeling at the Bar Mr. Speaker pronounced this Sentence against him Mr. Whittacre then desired permission of the House to speak for himself which being granted he said That he did freely confess the matter of Fact and that he should not endeavour to extenuate it by the Confusion of the times but that he had only this to plead in mitigation of the Sentence that it was an Error committed so long ago being now 13 years since and that he was commanded to do what he did by Warrant from the King himself and three and Twenty Privy Councellors But all this availed him nothing for he was immediately sent to the Tower Now for the Readers satisfaction and that he may have a clear understanding of this affair it will I think not be unacceptable to present him with these following Papers relating to this affair There were several Questions proposed to the three Chief Judges to which they gave these Answers Quere I. There solutions of the Three Chief Judges about matters in the Parliament 3 Car. WHether a Parliament Man offending the King Criminally or Contemptuously in the Parliament House and not then punished may not be punished out of Parliament Answer We conceive That if a Parliament Man exceeding the Priviledge of Parliament do Criminally or Contemptuously offend the King in the Parliament House and not there punished may be punished out of Parliament Quere II. Whether the King as he hath the power of Calling and Dissolving a Parliament have not also an absolute power to cause it to be Adjourned at his pleasure Answer We conceive That the King hath the Power of Commanding of Adjournments of Parliaments as well as of Calling Prorogueing and Dissolving of Parliaments But for the manner thereof or the more particular Answer to this and the next subsequent Question we refer our selves to the Precedents of both Houses Quere III. Whether if the King do Command an Adjournment to be made he hath not also power to Command all further proceedings in Parliament to cease at that time Quere IV. Whether it be not a high Contempt in a Member of the House contrary to the King 's express Commandment Contemptuously to oppose the Adjournment Answer The King 's express Commandment being signified for an Adjournment if any after that shall Tumultuously oppose it further or otherwise then the Priviledge of the House will Warrant This we conceive to be a great Contempt Quere V. Whether if a few Parliament-Men do Conspire together to stir up ill Affections in the People against the King and the Government and to leave the Parliament with such a loose and by words or writings put it in Execution and this not punished in Parliament it be an offence punishable out of Parliament Answer We conceive this Offence to be punishable out of Parliament Quere VI. Whether if some Parliament-Men shall Conspire together to publish Papers containing false and scandalous Rumors against the Lords of the Privy Council or any one or more of them not to the end to Question them in a Legal or Parliamentary way but to bring them into Hatred of the People and the Government into Contempt and to make Discord between the Lords
That the Scots desire that an Order of the House of Commons may be made for the repaying of the 28000 l to the Bishoprick of Durham and the Town of Newcastle that the Scots may deliver the said Order for their Discharge These 8. Heads being proposed to the Commons at a Conference the next day being August 13. they gave these Answers 1. To the First concerning the 7th of September to be the Day for Thanksgiving for both Kingdoms they have agreed to it 2. To the Second For the Scots Army passing over the Tweed the 25th of August agreed to 4. To the Fourth That the restoring of the Ordnance at Newcastle and that the Arms and Munitions may be all restored or paid for to be recommended to the Scots Commissioners Agreed to 6. To the Sixth Concerning seeing the Treaty to be finished in Scotland They desire that Commissioners may be sent from both Houses of Parliament to see the Treaty performed and to settle the Peace of both Kingdoms 7. To the Seventh Touching the Scots Army Marching through Barwick agreed to be in such sort as shall be appointed and settled there with the General and Governor of Barwick 8. To the Eighth touching the Order for paying the 280000 l. to the Bishoprick of Durham and the Town of Newcastle the House of Commons hath made an Order to that purpose and they will deliver it to the Earl of Warwick to be delivered to the Scots Commissioners The Commons fell this day into debate about Mr. Percy Sir John Suckling and Mr. Jermyn and it was urged That it would be made good by several Acts of Parliament and other Presidents That to conspire or indeavor to compel the Parliament to any thing is Treason And after long canvasing of the Matter it was Resolved c. Votes that Sir John Suckling Mr. Jermyn and Mr. Percy shall be charged with High-Treason That Sir John Suckling upon the whole matter shall be charged by this House with High-Treason Resolved c. That Mr. Henry Percy shall be charged with High-Treason Resolved c. That Mr. Henry Jermyn shall be charged with High-Treason The House of Commons being it seems now better Instructed since the last Conference with the Lord Privy Seal Friday August 13. fell upon the further Impeachment of the Bishops which was thus Reported by Serjeant Wild. WHereas the Knights Further Impeachment of the Bishops Citizens and Burgesses of the Commons House of Parliament have lately impeached the several Bishops hereafter named that is to say Walter Bishop of Winchester c. before your Lordships in this Parliament of several Crimes and Misdemeanors in Contriving Making Promulging and Executing several Constitutions and Canons Ecclesiastical and by granting a Benevolence or Contribution to His Majesty contrary to Law Now the said Commons do further declare to your Lordships that the said Canons Constitutions and Grant of a Benevolence contained in two several Books the one Intituled the Constitutions and Canons Ecclesiastical treated upon by the Archbishops of Canterbury and York Presidents of the Convocations for the respective Provinces of Canterbury and York and the rest of the Bishops and Clergy of those Provinces and agreed upon with the Kings Majesties License in the several Synods begun at London and York Anno Dom. 1640 and in the Year of the Reign of Our Soveraign Lord King Charles by the Grace of God King of England Scotland France and Ireland the 16. the other Intituled a Grant of the Benevolence or Contribution to his Most Excellent Majesty by the Clergy of the Province of Canterbury in the Convocation or Sacred Synod holden at London An. Dom. 1640. Which Things I am commanded by the House of Commons to deliver to your Lordships and further to declare to your Lordships That all and every the said Canons and Constitutions and Grant of Benevolence and the Contriving Making Publishing and Executing of the same and every of them were and are contrary to the King's Prerogative the Fundamental Laws and Statutes of the Realm the Rights of Parliament the Propriety and Liberty of the Subject and tending to Sedition and of dangerous Consequence and were so Contrived Made Promulged and Executed to the great Oppression of the Clergy of the Realm and others his Majesties Subjects and in Contempt of his Majesty and of the Laws and do pray as they did before that the said Bishops may be forthwith put to their Answer in the Presence of the Commons and that such further Proceedings may be had therein as to Law and Justice appertains The Scots Commissioners having desired a Commission to Commissioners of both Nations for Examination of Witnesses about Incendiaries and having given the Names of such of their Nation as they desired might be in the Commission It was Ordered by the House of Lords Order for a Commission to examine Witnesses about Incendiaries That the Clerk of the Crown shall Issue out a Commission under the Great Seal of England and the Lord Keeper is to Seal it accordingly by Virtue of this Order which Commission is to be directed to the Lord Keeper the Lord Privy Seal the Earl of Warwick the Lord Viscount Say and Seal Lord Wharton and the Lord Kimbolton To the Lord Lowdon Sir Patrick Hepbourn and John Hepbourn and John Smith Esquires to joyn with several Members of the House of Commons or any five of them to examine Witnesses touching Incendiaries concerning both Kingdoms of England and Scotland The Business of paying the Billet Money in the several Quarters where the Scots Army had lain came into debate and it was Resolved House of Commons undertakes to pay the Scots Billet c. That the House of Commons undertakes to discharge our Brethren the Scots of these Summs and to pay the said Counties viz. Â l. s. d. To the County Palatine of am 26663 13 10 To the Town of New-Castle 2000 00 00 To the County of Northumberland 10224 06 10 Total 38888 00 08 Mr. Pym Reports Money paid for the Q. Mothers Journey That he had paid Seven Thousand Pounds to the Earl Marshal for dispatch of the Queen-Mother out of England Captain Chudleigh being Examined concerning the matter of the Army Capt. Chudleigh's deposition against Mr. Jermyn Mr. Perce c. saith That Sir John Suckling told him That he should not depend upon what Commissary Wilmot Col. Ashburnham or Captain Pollard said for they had quitted their Affection to the Army and fallen into a Parliamentary wayâ— This in the Month of March before Col. Goring went to Portsmouth He saith further That he could not conjecture by any Discourse that Ever he had with Mr. D'avenant that he knew any thing of any Design of bringing up the Army only by the Discourse he had with him he could discover an affection to the Army and that he charged him alwayes to keep all our Discourses between us secret because the Times were dangerous All this discourse he had with
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
they expect that the Commons of this Realm do in the mean time quietly attend the Reformation intended without any tumultuous Disturbance of the Worship of God and Peace of the Kingdom The Declaration being read it was Resolved upon the Question That the House doth Assent to this Declaration Resolved c. That this Declaration be forthwith Printed and Published Ordered That this Declaration when it shall be Printed shall be brought to the Committee that is appointed to sit during the Recess to take Care for the dispersing them This having been carried up to the Lords for their Concurrence the three first Heads wered debate and it was Resolved 1 That where there are Railes already they are not to be removed with the Communion Table but where there are none they shall not be inforced upon any and that all Steps in the Chancels raised towards the Altar within these fifteen Years last past shall be levelled 2 That Crucifixes Scandalous Pictures of any of the Persons of the Trinity are to be abolished without Limitation of the time since their Erection and all Images of the Virgin Mary that have been set up within 20 years to be abolished 3. For the Ceremony of bowing at the Name of Jesus it shall not be enjoyned nor prohibited to any Man Ordered That the rest of the particulars shall be considered to morrow morning being September the Ninth It was Ordered Committee of Lords during the Recess That these Lords following viz. L. Keeper L. Privy Seal L. Chamberlain E. Warwick E. Clare E. Denbigh and E. Cleeveland shall have Power from this House to joyn with a Select Committee of the House of Commons to receive and open the Letters which shall in the time of the Recess come from the Committee of both Houses out of Scotland and to return Answers according to Instructions given to the Committees already and to have Power to recal the said Committees in Scotland when they shall think fit and to assist about disbanding of the Army and removing the Magazine at Berwick and Carlisle and sending down Mony to the Army if need be and that these Lords Committees are to make report of the same to this House at the next meeting And lastly To give notice to the said Committees in Scotland to direct their Letters to the L. Keeper It was also Ordered Order about the Bishops who were Impeached That the Lords the Bishops that now stand Charged in this House by Impeachment from the House of Commons concerning the making of the late Canons c. shall put in their Answers to the said Impeachment the Tenth day of November in the morning After which the House was Adjourned till the 20th of Oct. 1641. Now that the Reader may more clearly understand this matter it is to be remembred that the House of Lords in a full House having observed and complaint having been made of the Tumultuous behaviour of the Sectaries in divers places affronting the Publick and Established Liturgy and the Clergy in the Ministration of it had made this first Order of the 16th of January 1640 which the Commons had then never so much as excepted against and therefore during the Recess they Judged it convenient for the preventing the like disorders to repeat the same Order by the same Authority and therefore it was Resolved upon the Question That the Order of the 16th of January 1640 shall be Printed and Published The Lords Assenting were Lord Bishop of Lincoln Lord Mowbray Lord Wentworth Lord Cleeveland Lord Dunsmore Lord Dover Lord Denbigh Lord Portland Lord Carnarvan Lord Coventry Lord Newark But there were several Lords who disassented to the Printing and Publishing it without first having a Conference with the House of Commons which the other Lords thought not necessary in regard it was but the Reviving of a former Order the dissenting Lords therefore desired to enter their disassent which they did in this manner WE whose Names are underwritten having before the putting of the Question demanded our right of Protestation The Protestation of the Lords who were against Printing the Order of 16 January 1641. It seems the Commons did not think the Consent of the Lords necessary to their Declaration do accordingly make our Protestation That we held it fit to have the consent of the House of Commons in those things which so nearly concern the Quiet and Government of the Church and therefore we desired to have a Conference with the House of Commons before any conclusive Order were Printed or Published herein especially the House of Commons having lately brought to us and desired the consent of our House unto certain Votes of theirs against certain Innovations in or about the Worship of God lately practised in this Kingdom without Warrant of Law Therefore to quit our selves of the Dangers and Inconveniences that might arise by the Printing and Publishing of the said Order of the 16th of January as binding to the whole Kingdom without desiring the House of Commons their consent we did protest our disassent to this Vote and do thus Enter it as aforesaid Lord Bedford Lord Warwick Lord Kimbolton Lord Newport Lord Wharton Lord Clare Happy it was for the Bishops that only the Bishop of Lincoln of all the Bishops was then present at the House and Assenting to this Vote otherwise the whole Nation had Rung of it that they were the only Obstructors of the intended Reformation and would have furnished their Enemies with one Argument more for the Extirpation of the Hierarchy Root and Branch This Specimen one would have thought might have opened the Eyes of these Lords and the whole Nation to see what this Faction of the House of Commons aimed at which was after all their pretensions to the contrary to divest the King of all his Supremacy and the Lords of their Jurisdiction to make their Votes equivalent to and as obliging as the Laws which were confirmed and made so by the Impress of the Royal Assent But here certain things were imposed by the Commons without ever concerning themselves about the King's Assent and against the Assent of the Lords House for the Allegation of the small number of the Lords at this Vote was to no purpose since they were the Majority of the Lords that were present and at that time when this Declaration passed the Commons as appears by the Division of the House upon Colonel Ashburnham's Vote the House of Commons was far thinner in proportion then the Lords insomuch that for fear the House should fall for want of Fourty Members there was an Order That sixty should appear upon the day of Adjournment for the Recess This was also designed as a further way of Discrimination of their Friends and Enemies for whoever of the Clergy especially should not think themselves obliged to observe these Orders which no Man could that knew they were not the Laws of the Land was sure to be certified if not by the Church-Warden and Officers yet
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
desire the Lieutenant may be sent for to give an Account of these things Which the Lords agreed to and immediately sent for the Lieutenant and Captain Connisby to atttend both Houses of Parliament presently But this was not satisfactory enough for Mr. Pym came with a second Message to the same Effect And that therefore the House of Commons desire that Directions may be given to the Lieutenant of the Tower and the Master of the Ordnance That no Provisions or Ammunition whatsoever shall be sent out of the Tower without the King's Authority signified by both Houses of Parliament and that no extraordinary quantity of Provisions be brought into the Tower without his Majesties Pleasure signified by the Houses of Parliament For the putting this in Execution the House of Commons desire that a convenient Guard may be put about the Tower by Land and by Water and this Guard to be appointed by the Sheriffs of London and to be under the Command of Sergeant Major General Skippon and that the Care of the Parliament herein may be intimated to the Common Council of London Whereunto the House of Lords immediately agreed Thus did they exactly follow the Example of their Brethren of Scotland who in the beginning of the Rebellion there laid a Blockade to the Castle of Edinburgh till they got it into their Power and a Creature of their own placed in it which was the Design now upon the Tower of London And these Messages produced the following Order Ordered by the Lords and Commons in Parliament Order of Lords and Commons to set a Guard upon the Tower That the Earl of Newport Master of the Ordnance and the Lieutenant of the Tower for the time being their Deputies or other Officers shall not permit or suffer any Ordnance Ammunition or other Provisions whatsoever to be carried out of the Tower nor permit extraordinary Increase of Waiters or any Provision of Victuals in any extraordinary Quantity or Proportion to be brought into the Tower without the King's Authority signified to both Houses of Parliament And for the better Safeguard of the Tower It is further Ordered by both Houses of Parliament That the Sheriffs of London and Middlesex shall appoint and place a sufficient Guard about the Tower both by Land and Water under the Command of Sergeant Major General Skippon Commander of the Guards of the Parliament and that these Guards be careful to see the former Order observed And the said Sheriffs are required to intimate to the Common Council of London in what manner the Lords and Commons have provided for the Safety of the Tower Order to stay 4 Dunkirkers with Ammunition c. for the Rebels Then an Order was directed to the Lord Admiral to stay four Ships lately come from Dunkirk with Arms and Ammunition for the Rebels in Ireland also the like Order to the L. Duke of Richmond Constable of Dover-Castle and Lord Warden of the Cinque-Ports and to the Earl of Portland Captain of the Isle of Wight The House was informed that the Lieutenant of the Tower was served with the Order and after he had read it he said Lieutenant of the Tower's answer to the Order to attend the Parliament That he was very desirous to attend the Houses of Parliament according to the Order but conceived he could not come without his Majesties leave first obtained in respect he hath received a Warrant from his Majesty with a Command not to depart out of the Tower without his Majesties leave but to reside there A Copy of which Warrant the Lieutenant sent to the Parliament and Captain Conisby was called in and attested the same producing this following Warrant CHARLES R. TRusty and Well beloved We greet you well The King's Warrant to Sir John Byron Lieutenant of the Tower Forasmuch as in these Tumultuous times We have thought it necessary that the Tower of London where remains not only Our Principal Magazine of Arms and Munition but also Our Records and other Matters of great Importance should be always very well Ordered and that all the Officers and Guard there should be all Resident to perform their Duties Our Will and Command therefore is That you fail not to reside constantly in Our said Tower to see the Guard there to perform their several and respective Duties and that you at no time go out of Our said Tower upon any occasion whatsoever without first acquainting Vs therewith and receiving Our leave and Order for the same and herein We expect that you fail not as you tender Our displeasure and will Answer the contrary for which these shall be your sufficient Warrant Given under Our Signet at Our Court at White-Hall the 10 th day of January in the 17 Year of Our Reign To Our Trusty and Well-beloved Sir John Byron Knight of the Bath Lieutenant of Our Tower of London Whereupon the House conceived That the Lieutenant of the Tower had committed a high Contempt to the Order of this House in not coming notwithstanding the King's Warrant because the King's Command is always supposed to be in an Order of this House And after much debate a Message was sent to acquaint the Commons with the whole Matter A Message was then brought up from the Commons by Mr. Nathaniel Fines Information against Lord Digby Col. Lunsford That whereas the House of Commons hath been informed That Collonel Lunsford and the Lord George Digby Son to the Earl of Bristol with others have gathered together Troops of Horse and have appeared in a Warlike Manner at Kingston upon Thames within the County of Surrey where the Magazine of that Part of the Countrey lies to the Terror and Fright of his Majesties good Subjects and Disturbance of the Publick Peace of the Kingdom the House of Commons hold it fit that particular directions be sent to the Sheriffs of Surrey and Middlesex Bucks and Berks for the suppressing of such Assemblies being contrary to Law and to take some Course for the securing of those four Counties and the Strand and Westminster and the Magazines thereof and for the suppressing of all unlawful Assemblies that are gathered together to the disturbance of the Peace of the Kingdom and they to be required to call in the Justices of the Peace and Train'd Bands of the Counties for their Assistance herein and to give a speedy account of their Proceedings therein to the Parliament The House of Commons do also desire their Lordships to take Order That the Lord Digby a Member of this House be required to give his Attendance here Portsmouth And further they desire That an Order may be sent from both Houses to the Governor of Portsmouth requiring him that he do not deliver up the Town nor receive any Forces into it but by his Majesties Authority signified by both Houses of Parliament And Lastly Common-Council Whereas the Common Council of London hath appointed a Committee to consider of the defence and safety of the
And truely they had some reason to do so for certainly this was a direct Levying of War being absolutely without the King's knowledge privity or consent and from this Period ought to be Dated the actual Rebellion which manifestly proves the Faction to be the Aggressors A Message was brought up to the Lords by Mr. Nathanael Fiennes 1. To desire that their Lordships would give dispatch to the Scots Propositions 2. To the Bill for a Contribution for Ireland 3. To let their Lordships know Message concerning adjourning to Grocers-Hall c. That the House of Commons do resolve to Adjourn their House till Thursday at Eight of the Clock and had appointed in the mean time a Committee whereunto all that would come should have Voices to sit in London at Crocers-Hall and have given them a large Power 1. Concerning the Safety of the Kingdom 2. Concerning Priviledges of Parliament 3. The Affairs of Ireland 4. Concerning the setling of the present Distempers And the House of Commons desire That if their Lordships think so fit that they would appoint a like Committee and that their Lordships would give them power to meet and confer with the Committee of the House of Commons 4. The House of Commons desires That the Committees for Ireland might meet there if their Lordships think it fit 5. That the Committee that their Lordships have appointed to take Examinations upon Oath as also the Committees appointed to draw a Petition to his Majesty concerning the Breach of Priviledges might likewise sit there Order of the Lords for adjournment to Grocers-Hall if their Lordships think fit To all which their Lordships consented as appears by this their Ensuing Order Ordered That the Committee for the Irish Affairs shall meet at Grocers-Hall on Tuesday the 18th of this Instant January at Nine of the Clock in the Morning and that they shall have Power to Treat and Debate concerning the Safety of this Kingdom the Priviledges of Parliament the Affairs of Ireland and the setling of the present Distempers and to take into Consideration his Majesties Message sent to both Houses And likewise that the Committee to take Examinations upon Oath may be there as also the Committee appointed to draw a Petition to his Majesty concerning breach of Priviledges and to consider of all means for vindicating the same And it is further Ordered That all the Lords may be present at the said Committees and have Votes and every of them shall have Power to Debate among themselves and with the Committee of the House of Commons and to call all Persons whom they shall think fit before them and likewise to Adjourn from time to time and from place to place as they shall see Cause and the Votes and Results of the Committee to Report unto this House This Adjournment was to keep up the belief that they did not sit in safety at Westminster and to countenance the attempt upon the Militia at which they were now driving might and main Still Sir John Byron the Lieutenant of the Tower was a great Beam in their Eye and therefore to get possession of the Tower they had perswaded several Merchants and others to Petition against him and that it was framed by the Artifice of the Faction the wording of it and the Answers of the Petitioners make apparent for they speak the same Language the Commons had taught them at the last Conference for this purpose with the Lords For a Message was brought up from the House of Commons by Sir Henry Vane Junior to this Effect That the House of Commons having by divers Conferences expressed unto their Lordships the just causes of Fears and Jealousies that are in the City by reason of Sir John Byron 's being Lieutenant of the Tower of London which caused the House of Commons formerly to desire their Lordships to joyn with them to Petition the King that he might be removed from that Place which their Lordships thought not fit to joyn in then Now the House of Commons present to their Lordships a Petition delivered to them from divers Merchants and Goldsmiths of London that have great store of Bullion in the Tower and have divers Ships laden with Bullion lately come into the River and by reason of the Fears and Jealousies they have of the now Lieutenant of the Tower they forbear to bring in their Bullion as may appear by the Petition which was read in haec verba To the Honourable Assembly of the House of Commons in Parliament The Humble Petition of the Merchants and Goldsmiths Traders to His Majesties Mint with Foreign Bullion and Coin Sheweth THat many Jealousies and Fears have risen in your Petitioners Merchants and Goldsmiths Petition against the Lieutenant of the Tower Jan. 17. 1641. by reason of the sudden Removal of that worthy Gentleman Sir William Balfour Lieutenant of the Tower and that the same is now Commanded by one of whom we have not that satisfaction as formerly we have had Your Petitioners therefore in all humility tender this considerable Request to this Honourable Assembly That there may be such a Lieutenant there-placed it being a Place of so great Trust and Considence as shall be thought fitting by this Honourable Assembly which undoubtedly will not only cease our Fears and Jealousies in these distractive times but will occasion us to continue all possible incouragement to our Correspondents beyond the Seas that the Importation of Bullion and Coin of which great quantity is newly arrived in Spain may have its free Course as in former times to the wellfare of Trade in general And Your Petitioners shall pray c. Henry Futter David Otgher Nic. Corsellis Abra. Fortry Diericke Ooste with several others The House of Commons upon this do desire that their Lordships would joyn with them humbly to Petition the King That Sir John Byron Knight now Lieutenant of the Tower of London may be removed and Sir John Conyers recommended to his Majesty from both Houses for that place Whereupon the Merchants and Goldsmiths that Exhibited the aforesaid Petition to the House of Commons presented another verbatim the same to the Lords which being read the House fell into Debate of it and they were called in and asked these Questions by the direction of the House 1. What number of Merchants and Goldsmiths besides themselves brings in Bullion to the Mint To which they Answered Sir Peter Riccaut and a few more but no great number 2. What reasons they have for their Fears and Jealousies of Sir John Byron Lieutenant of the Tower and why they forbear to bring in Bullion to the Mint They had Conn'd their Lesson perfectly and therefore said That they heard that he hath disobeyed the Orders of both Houses of Parliament when he was sent for to come and attend them Also that he is a Gentleman unknown to them and they desire to have such a Lieutenant put in as the Parliament approves of But the Lords it seems easily saw
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
said Earls command that he should Fight with the Scottish Army at the passage over the Tyne whatsoever should follow notwithstanding that the said Lord Conway had formerly by Letters informed him the said Earl that his Majesties Army then under his command was not of force sufficient to encounter the Scots by which advice of his he did contrary to the duty of his place betray his Majesties Army then under his command to apparent danger and loss All and every which Words Counsels and Actions of the said Earl of Strafford Traiterously and contrary to his Allegiance to our Soveraign Lord the King and with an intention and endeavour to alienate and withdraw the hearts and affections of the Kings Liege People of all his Realms from his Majesty and to set a division between them and to ruine and destroy his Majesties said Kingdoms For which they do farther impeach him the said Thomas Earl of Strafford of High Treason against our Soveraign Lord the King his Crown and Dignity To which the Earl according to the Order of the House of Lords prefixing the 23 of February for that purpose being brought to their House gave in his Answer in two hundred Sheets of Paper an abstract whereof as I find it in Mr. Rushworth's Trial of Thomas Earl of Strafford is here subjoined TO the First Article The Answer of Tho. Earl of Strafford to the 28 Articles of the Commons Feb. 23. he saith He conceives that the Commission and Instruction differ not from those formerly granted but refers to them and that such Alterations and Additions as were made were for ought he knoweth rather for the explanation than for the enlarging of the Jurisdiction the Care whereof was left to the Secretary of that Council and to the King 's Learned Council to be passed for the good of the King's Service and the Publick Welfare of that Province for Legality of the Proceedings divers eminent Lawyers were joyned with the President who for the Legal parts was by them to be directed He did not advise or procure the enlargement of the Commission and Instructions and he believeth nothing hath been practiced since that was not in former Times contained in former Commissions under general words He believeth Sir Conyers Darcy was lawfully Fined for Misdemeanors as a Justice of Peace and hath heard he being in Ireland that Sir John Boucher was Fined for some great Abuse at the Kings being at York going into Scotland to be Crowned to the Proceedings he refers himself He denies that he hath done any thing by that Commission or Instruction other than he conceived he might by virtue thereof lawfully do To the Second Article The little Finger of the Law He denieth the speaking of those words but saith That 30 40 l. or more being returned as Issues out of the Exchequer against some that had compounded for Knighthood for 10 l. or 20 l. so as the Issues far exceeded the Composition and yet would next time have been increased The said Earl upon this occasion said That now they might see that the little Finger of the Law was heavier than the King's Loins which he spake to nourish good Affections in them towards His Majesty and not to threaten or terrifie any as the Article is supposed To the Third Article Ireland a Conquered Nation he saith Ireland is not Governed by the same Laws that this Kingdom is unless it be meant by the Common Laws their Customs Statutes Execution of Martial Laws Proceedings at Council-Board very much differ they spake not the words in the Article to any such intent He saith It might be fit enough for him to remember them of the great Obligation they had to the King and His Progenitors that suffered them being a Conquer'd Nation to enjoy Freedom and Laws as their own people of this Kingdom and it might be that upon some such occasion he said to those of Dublin That some of their Charters were void and nothing worth and did not bind His Majesty farther than He pleased which he believes to be true having been formerly so informed by His Majesties Learned Council upon sundry occasions To the Fourth Lawyers not to dispute the Orders of the Council-Board in the Earl of Cork's Case he saith That the legal and ordinary Proceeding at Council-Table are and time out of mind have been by Petition Answers examination of Witnesses as in other Courts of Justice concerning British Plantations the Church and Cases hence recommended by the King for the time being and in Appeals from other Courts there and the Council-Board have always punished Contempts to Orders there made to Proclamations and Acts of State by Fine and Imprisonment He saith That it might be he told the Earl of Cork that he would Imprison him if he disobeyed the Orders of the Council-Table and that he would not have Lawyers dispute or question those Orders and that they should bind but remembreth not the Comparison of Acts of Parliament and he hath been so far from scorning the Laws that he hath endeavoured to maintain them the Suit against the Earl in the Castle-Chamber was concerning the Possessions of the Colledge of Youghall worth 6 or 700 l. which he had endeavoured to get by causing of unlawful Oaths to be taken and very undue means the matter proceeded to Examination and Publication of Witnesses and after upon the Earl of Cork's humble Suit and payment of 15000 l. to His Majesty and his acknowledgment of his Misdemeanors obtained a Pardon and the Bill and Proceedings were taken off the Files and he remembers not any Suit for breach of any Order made at Council Table To the Fifth he saith Lord Mountnorris sentenced to suffer death by Martial Law The Deputies and Generals of the Army have always executed Martial Law which is necessary there and the Army and the Members thereof have been long time Governed by printed Orders according to which divers by Sentence of the Council of War have formerly been put to death as well in the time of Peace as War The Lord Mountnorris being a Captain of a Company in the Army for mutinous words against the said Earl General of that Army and upon two of those ancient Orders was proceeded against by a Council of War being the Principal Officers of the Army about twenty in number and by them upon clear Evidence Sentenced to Death wherein the said Earl was no Judge but laboured so effectually with His Majesty that he obtained the Lord Mountnorris's Pardon who by that Sentence suffered no personal hurt or damage save about two days Imprisonment And as to the other Persons he can make no Answer thereunto no particulars being described To the Sixth he saith The Suit had depended many years in Chancery The Lord Mountnorris put out of Possession and the Plaintiff Complaining of that delay the said Earl upon a Petition as in such Cases hath been usual calling to him the then Master of the Rolls
the ordinary Course and Courts of Justice declined 3. The proceedings in Civil Causes at Council-Board contrary to the Law and great Charter not limited to any certain time or season 4. That the Subject is in all the material parts thereof denied the benefit of the Princely Graces and more especially of the Statute of Limitations of 21 of Jac. granted by his Majesty in the Fourth Year of His Reign upon great Advice of the Councils of England and Ireland and for great Consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdom in open Assizes whereby all Persons do take notice That contrary to His Majesties Pious Intentions His Subjects of this Land have not enjoyed the benefit of His Majesties Princely Promise thereby made 5. The extrajudicial avoiding of Letters Patents of Estates of a very great part of His Majesties Subjects under the Great Seal the Publick Faith of the King dom by private Opinions delivered at the Council-Board without Legal Evictions of their Estates contrary to Law and without President or Example of any former Age. 6. The Proclamation for the sole emption and uttering of Tobacco which is bought at very low Rates and uttered at high and excessive Rates by means whereof thousands of Families within this Kingdom and of His Majesties Subjects in several Islands and other parts of the West-Indies as your Petitioners are informed are destroyed and the most part of the Coin of this Kingdom is ingrossed into particular Hands insomuch that your Petitioners do conceive that the Profit arising and ingrossed thereby doth surmount His Majesties Revenue certain or casual within this Kingdom and yet his Majesty receiveth but very little profit by the same 7. The universal and unlawful encreasing of Monopolies to the advantage of a few the disprofit of His Majesty and impoverishment of His people 8. And the extream cruel Vsage of certain late Commissioners and other Stewards of the British Farmers and Inhabitants of the City and County of London-Derry by means whereof the worthy Plantation of that Country is almost destroyed and the Inhabitants are reduced to great Poverty and many of them forced to forsake the Country the same being the first and most useful Plantation in the large Province of Ulster to the great weakning of the Kingdom in this time of danger the said Plantation being the Principal Strength of those parts 9. The late Erection of the Court of High Commission for Causes Ecclesiastical in these necessitous Times the Proceedings of the said Court in many Causes without legal Warrant and yet so supported as Prohibitions have not been obtained though legally sought for And the excessive Fees exacted by the Ministers thereof and the encroaching of the same upon the Jurisdiction of other Ecclesiastical Courts of this Kingdom 10. The exorbitant Fees and pretended Customs exacted by the Clergy against the Law some of which have been formerly represented to your Lordship 11. The Petitioners do most heartily bemoan that His Majesties Service and Profit are much more impaired than advanced by the Grievances aforesaid and the Subsidies granted in the last Parliament having much encreased His Majesties Revenue by the buying of Grants and otherwise And that all His Majesties Debts then due in this Kingdom were satisfied out of the said Subsidies and yet his Majesty is of late as the Petitioners have been informed in the House of Commons become indebted in this Kingdom in great Sums And they do therefore humbly beseech That an exact Account may be sent to His Majesty how and in what manner His Treasure is issued 12. The Petitioners do humbly conceive just and great fears at a Proclamation published in this Kingdom in Anno Domini 1635. prohibiting men of Quality or Estates to depart this Kingdom into England without the Lord-Deputie's Licence whereby the Subjects of this Kingdom are hindred and interrupted from free access to address to His Sacred Majesty and Privy-Council of England to declare their just Grievances or to obtain Remedies for them in such sort as their Ancestors have done in all Ages since the Reign of King Henry the Second and great Fees exacted for every of the said Licences 13. That of late His Majesties Attorney-General hath exhibited Informations against many ancient Burroughs of this Kingdom into His Majesties Court of Exchequer to shew cause by what Warrant the said Burgesses who heretofore sent Burgesses to Parliament should send the Burgesses to the Parliament and thereupon for want of an Answer the said Priviledges of sending Burgesses was seized by the said Court which Proceedings were altogether Coram non Judice and contrary to the Laws and Priviledges of the House of Parliament and if way should be given thereunto would tend to the Subversion of Parliaments and by Consequence to the Ruin and Destruction of the Common-wealth And that the House of Commons hath hitherto in this present Parliament been deprived of the Advice and Counsel of many profitable and good Members by means thereof 14. By the Powerfulness of some Ministers of State in this Kingdom the Parliament in its Members and Actions hath not its natural Freedom 15. And lastly That the Gentry and Merchants and other His Majesties Subjects of this Kingdom are of late by the Grievances and Pressures before said and other the like brought very near to Ruin and Destruction And the Farmers of Customs Customers Waiters Searchers Clerks of Vnwarrantable Proceedings Pursevants and Goalers and sundry others very much enriched whereby and by the slow Redress of the Petitioners Grievances His Majesties most Faithful and Dutiful People of this Kingdom do conceive great fears that their readiness approved upon all occasions hath not been of late rightly represented to his Sacred Majesty For Remedy whereof the said Petitioners do humbly and of right beseech your Lordships That the said Grievances and Pressures may be speedily Redressed and if your Lordship shall not think fit to afford present Relief that your Lordship might admit a Select Committee of this House of Persons uninteressed in the benefit arising of the aforesaid Grievances to be licensed by your Lordship to repair to His Sacred Majesty in England for to pursue the same and to obtain fitting remedy for their aforesaid and other just Grievances and Oppressions and upon all just and Honourable Occasions they will without respect of particular Interest or Profit to be raised thereby most humbly and readily in Parliament extend their utmost endeavour to serve His Majesty and comply with His Royal and Princely Occasions and shall pray c. To this the Earl replyed that their Lordships might observe that it bore Date Feb. 22 1640. which was since his Impeachment and that it is followed by Faction and Confederacy and a strong Conspiracy against him as if he had time and opportunity he could make it appear And indeed the Complaints of the Irish Nation against him who had in all things endeavoured to promote and
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
had been done before my coming into the Kingdom For the words that they deserved Fine and Ransome I confess them in my Answer just in the same manner as my Lord of Berkshire was pleased to testify them the other day that is That if they should not do the thing desired they might in my opinion be liable to Fine and Ransome And my Lords admit I were mistaken in my opinion shall it be a Treason to be mistaken I say in my opinion they might be lyable to Fine and Ransome but what is this to Treason Under favour nothing at all as I conceive For the other part That it would never be well till some of the Aldermen be hanged it proves to be testified by Mr. Alderman Garroway and he owns it only for himself for it was not that some of the Aldermen should be hanged but he said at the Bar till he himself were hanged My Lords This is a single Testimony and these words as he sayes were by me spoken to the King at the Council-Board That it would never be well till some of them were hanged meaning himself Truly my Lords I thank God I never spake such unmannerly Language all the dayes of my life I have had more regard to my words than to say such things to my Master and your Lordships must needs be many of you by and I am very confident there is not one among you that can remember any such words were spoke for in good faith I did not speak them And my Lords before this misfortune did befall me I should with modesty have thought my self a person on equal terms to have been believed as well as Mr. Garraway and I speak it with as great confidence as he that I never spake the words My Lords The next is the 26th Article and that is that I should say the City of London dealt undutifully with the King and they were more ready to help the Rebels than to help His Majesty and if any hurt came to them they might thank themselves My Lords I am in the first part of this Article charged to have counselled and approved two dangerous and wicked Projects the one concerning the stay of the Bullion in the Tower the other concerning Copper-Coyn and no proof hath been offered that I either counselled or approved either of those two Projects And my Lords it is proved to your Lordships that when the Merchants came I told them I knew nothing of the business as to the Bullion neither indeed did I ever know there was any Bullion nor any thing of that nature in the Tower But for the words I conceive it had been no Treason for me to think at that time that the Londoners had dealt unthankfully with His Majesty I thought I might have said it freely without danger of such a thought as might conduce to the convicting me of Treason But whatsoever I then thought or on what grounds soever it may be remembred that then I alledged and now I speak it when News was brought to York that the City had lent the King Two hundred thousand pounds I took notice that notwithstanding all I had thought formerly they had now made such recompence and so cleared their Faith and Duty to the King that I should be their Servant and lay my hand under their feet as those that heard me are able to speak for though at first I said they had dealt unthankfully with the King yet afterwards I was ready and willing upon all occasions to testify the contrary of them and to profess that I was ready to serve them upon all occasions just and honest and honourable As for my saying that they were readier to help the Rebels than the King In truth I am a man that cannot justify a thing I do not approve I must needs say it was an unadvised Speech and I wish I had not spoke it it seems I did speak it for I have reason to believe honest men when they Swear though in truth I remember it not but I have no reason or cause to think they would take an Oath otherwise than truth I have no exception to the Men and therefore upon their words I must Credit them before my own memory but it was an unadvised Speech and he is a wise man and much wiser then my self that some time offends not with his Tongue And in truth my Lords though there be no Treason in it they are the most unwarranted words that appear in the whole Proof made against me In the 26th there are some words that I should speak to my Lord Cottington concerning a Foolish Pamphlet or Gazette which I then had in my hand and it is such a Toy in it self and all the Circumstances of it that I hold it not worth the mentioning but only that I would not forget any thing in the Proofs as near as I could and the Proof is uncertain for onely one Man sayes it and the very words he cannot express Now he that shall Swear when he cannot express the Words his Testimony is but of small value and he is but a Single Proof at best to disprove what is deposed by Sir William Parkhurst who sayes he was by yet heard not the Words And Cogam sayes he remembers not the words and so upon the matter there are two against one and the whole being so uncertain I conceive it is of very little moment in your Lordships Judgments My Lords These are as near as I can gather all that are charged as unto Words spoken either in England or Ireland Councils other then these I am not charged withall and so there remains nothing but my Actions and if I can free them as well as I have freed the Words I conceive then under favour I have fully Answered all that hath been objected against me My Lords The first of these is the Fifth Article in the Case of Sentence of the Council of War against my Lord Mountnorris and the Sentence of the Council of War against Denwit For that of my Lord Mountnorris I have shewed plainly and clearly to your Lordships that I was no Judge in the Cause but a Party and therefore not Responsible for any Judgment given against his Lordship I gave no Vote and so consequently am not to Answer for any Guilt if there were any which under favour I conceive since all Martial Law is Adjudged to be against the Law I may be of another Opinion but formerly conceiving that that might have stood with the Law I might say something more for the Justification of it then now I do but however I was no Party They say he was a Peer and it is very true but as he was a Peer so he was a Captain of the Army and in this Case we consider Men as Members of the Army not as Peers And if a Peer will not submit himself to an Officer of the Army he must submit himself to the Order of the Army Besides I say it
are nothing at all on the matter Sir James Montgomery tells you a Tale not much Material nor Mr. Maxwell nor Sir John Clotworthy there is nothing at all in it concerning Treason Stewart's Sentence remains only to be answered in this Article for that I conceive it was justly and fairly given as I then conceived I was one of the rest and nothing was intended by that Decree but his Reformation and when he had pleased to have taken the Oath he might have been released of the Sentence and sent home again quietly The next is the 20th Article Wherein I am Charged to be a Provoker and Incendiary of a War against his Majesties Subjects of the Scotch Nation and that I should say of them They were Rebels and Traytors and being about to come into England that I should say I would root out of the Kingdom the Scotish Nation Root and Branch My Lords I shall need no more to say in this for my being an Incendiary I think by the Proof it hath been clearly made appear to your Lordships that I gave no Opinion but such as others did in the like Case It is proved by Lord Traquair and my Lord Treasurer and might have been proved by many more if it had been needful For the Words that I should say The Rooting out the Scots Root and Branch They are only testifi'd by one single Witness Salmon the School-Master swears it and no man else but he and I hope my Lords that when your Lordships do call to mind how he is Crost by his Fellow Witness John Loftus your Lordships will be satisfied he Swears I will persecute them to the Blood and root them out Root and Branch and I cannot tell what But John Loftus said indeed that I said I hope that such of the Scottish Nation as would not submit to the Ecclesiastical Government I would root out stock and branch a wonderful difference between these two But my Lords it was testified by Mr. Secretary Manwaring then present that I never spoke the one nor the other but as in my Answer I did truely and faithfully deliver it I said that unless they would take that Oath of Allegiance and secure the King of their Allegiance in that point I hope I should not see any of them stay in that Kingdom that refused it and there is no proof in the World but the School-Master and I hope your Lordships will not take him to be a good and valid proof to convince me in this Case being a person of no greater Quality and crossed by his fellow Witness For my self I do absolutely say I was so far from wishing ill to that Nation or any Dissension or Division between them that I never desired other in my heart and soul but a firm Peace through the King's Dominions My Counsels tended to that and if I might seem to begin in a contrary way yet the last resort was to bring all to quietness and so that it should be without Blood And I dare say there be them that heard me say it many a time in the King's Council That the King should be in nothing so much sparing and tender as to draw any Blood in that Quarrel I dare say many that heard it will justifie me in it And if your Lordships will give me leave I do think I have something that might procure your Lordships belief that it was so for at that time my Fortune though now by Misfortune it be mean enough was such as I needed not desire to shuffle the Cards and deal anew and especially when nothing was to be got but Blows and that I trust will be an Argument to your Lordships that nothing was desired by me so much as Peace and that under God's goodness and the protection and Benefit of His Majestie 's Scepter I might enjoy the little Estate my Ancestors left me for it is certainly true whatever the World may think to the contrary it is very little better from what my Father left me something it is and the most part of the Improvement of it was before I came to serve the King and yet I have had more from the King then I deserved in all kinds and all the whole service of my Life were it never so many years could not Merit nor deserve from him the Hundred part of what I had from His Favour My Lords Mr. Treasurer Vane says I was in the Argument for an Offensive and he for a Defensive War for a War both of us And I beseech your Lordships How should it be more Treasonable for me to be for an Offensive then for him to be for a Defensive War for a War there must be and the difference was not great and for a Councellor to deliver his Opinion and have that turned upon him as Capital to sweep from the World himself and his Posterity is a very hard Case to say no more of it The next Article is the 21th wherein I am Charged to be an Enemy to Parliaments a Breaker of Parliaments and did by that means sow ill Affections betwixt the King and His People My Lords This is more fully Charged in a Subsequent Article then this for this is but only for breaking of the last Parliament that I should advise it to be called with an intent to break it which is very unlikely for that nothing in the World could be of so happy effect to me as the success of that Meeting and yet I must destroy and disadvantage my self in that then which nothing could be of more advantage then the success of that Parliament The 22th Article is Answered already and the 23th likewise In the 24th Article comes in that of the Parliament more fully and there I am Charged Falsly and Treacherously and Malitiously to have declared before His Majesties Privy-Council That the Parliament of England had forsaken the King and given Him the Advantage to Supply Himself otherwayes and having so Malitrously Slandered the said House of Commons that I did with the Advice of the Archbishop of Canterbury and the Lord Finch Publish a False and Trayterous Book called His Majestie 's Declaration of the Causes of Dissolving the last Parliament c. This goes very heavy upon me in the World that I should be a breaker of Parliaments a Counsellor against Parliaments My Lords there is nothing proved of it and I hope I shall be cleared by your Lordships and these noble Gentlemen and all the World that I had no such thing in my heart For the Point of the Declaration I was at that time Sick in my Bed and could do nothing in it and therefore I trust I shall be acquitted as to that As to the Breaking of the Parliament or any ill-will to Parliaments I have ever honour'd them and far be it from me to wish that they may not be frequent for the good of the King and Kingdom but as oft as you shall have it urged and prest against me that I should
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
mentioned in the Ninth Article to be issued to the Bishop of Down and Conner whereby he gives power to him and his Officers to apprehend any of the King's Subjects that appeared not upon Process out of his Ecclesiastical Courts expresly contrary to Law and your Lordships have heard how miserably the King's Subjects were used by this Warrant as hath been proved by a Gentleman of Quality Sir James Montgomery and howsoever he pretends it was called in it was three whole years in execution before it was called in and though he pretends his Predecessors did ordinarily grant Warrants of that nature yet he proves no such thing My Lord Primate was examined and he sayes that Bishop Montgomery did tell him there was such a Warrant and one Witness more speaks of one Warrant and that is all the Witnesses produced and that but to be a Copy too Your Lordships have heard how he exercises his jurisdiction and power over particulars and that in a numerous manner now your Lordships shall find it universal and spread over the face of that Kingdom that was under his jurisdiction and that is in the tenth Article which concerns the Customs where he doth impose upon the King's Subjects a Rate and Tax against Law and enforces them to pay it or else punishes them for it which is expresly an arrogating to himself of a jurisdiction above the Law My Lords in his answer he pretends that this is rather a matter of Fraud than otherwise in truth and so it is and that a great one too But as it is a fraud a dis-service and deceit to his Majesty so it is likewise an exercise of a Tyrannical Jurisdiction over his Subjects That it is a fraud to his Majesty it plainly appears for the King lost exceedingly by it whereas before the Rent afforded the King was 11050 l. there was improved by the new Lease that my Lord of Strafford took but 1350 l. and I beseech your Lordships observe how much the King lost by it for my Lord had comprehended in his new Lease the Impost of Wine for which the King before that time received 1400 l. a year and likewise the Custom of London-derry Colerane and Knockfergus for which the King haâ— reserved 1700 l a year besides the moity of the seisures so here is 5000 l. that the King lost of the old Rent expresly and if your Lordships please observe the gain and benefit my Lord of Strafford made by it in one year he and his sharers received 39000 l. and in the last year 51000 l. and that expresly proved upon two accounts and if this be his dealings where is his service to the King in his pretence to advance the Customs It is true he says The King has five eighth parts but it was but within these two years the King had it not before And I would very gladly have heard whether the King received his part of an account of 55000 l. if he had received it I believe we should have heard of it My Lords There is something more here is a new imposition on the King's People without Law and yet I will do my Lord of Strafford no injury but I tell you how the proof stands It was a Book of Rates framed before he came to the farm for the Book of Rates was in March and the date of his Assignment was in April following and therefore my Lord saith It could not be for his benefit But my Lords all this while my Lord of Strafford was in England and in agitation for the procuring of it and they come one upon the heels of another and I beseech you observe cui bono the Book of Rates was procured within a month of the Patent but God knows whether it were not within the compass of his intentions to take the Patent and therefore whether he were not the Instrument of raising Rates it rests in your Lordships Judgment and all that hear me I am sure the benefit redounded to himself and so here is an Arbitrary Government in imposing and forcing to pay for that I desire your Lordships to take with you and he might as well have raised Nineteen shillings on a pound as nine pence or three pence by the same rule of Law The next Article in number was the Eleventh and I would be glad my Lord had not mentioned it it concerns the Pipe-staves wherein he pretends he did the King great Service and that he says was the reason of our passing over it but that was not the reason it had been a foul business if we had opened it but having enough besides we made not use of it for the substance of the proofs by multiplicity of Witnesses had been that the parties themselves that bought the Pipe-staves for Four pound odd money were fain to sell them to his Instruments for Six pounds and after to buy them again for Ten pounds else there must be no Licence to Export them but that I would not have mentioned if he had let it slip over I come to the Twelfth Article and that is concerning the Tobacco wherein he pretends the King's Service and if my memory fail me not the desire of the Parliament that he should take this into his hands for the King My Lords Therein under his favour he hath mis-recited the Evidence and spoken that he cannot justifie for he can shew no such desire of the Parliament It is true there was a desire of the Parliament that the King would be pleased to take his Customs into his hands for the advancement of his Revenue that it might go to maintain himself and he might not be abused and others live by it but to take the Tobacco into his hands he never did nor can produce a Witness to prove such their desire and therefore under favour he fixes a wrong upon the Parliament and injures your Lordships by his reciting that he neither did nor can make good for there was no such thing But if you observe the course he takes he makes Proclamation to hinder the importing of Tobacco into Ireland that if it be imported it must be sold to him at his own rate and by these means he first hinders the liberty of the Subject from doing what the Law allows him and so takes on him an Arbitrary Power And Secondly he ingrosses this commodity to himself deceiving His Majesty to whom he professeth so much fidelity for whereas there is 5000 l. Rent to the King he by the computation of Merchants receives near 14000 l. a year And because their computations are not alwayes true I do not care if I allow him 40000 l. mistaken and then he will gain near 100000 l. so that if he intends the King's benefit it is wonder he told not his Majesty of the great profit that might thereby have risen and let him partake of it as in Justice he should have done according to the Trust reposed in him but you have heard of no such matter And
and yet these are the Guildings and Paintings that are put upon such Counsels These are for your Honour for your Service whereas in truth they are contrary to both But if I shall take off this varnish I hope they shall then appear in their own Native deformity and therefore I desire to consider them by these Rules It cannot be for the Honour of the King that His Sacred Authority should be used in the practice of Injustice and Oppression That his name should be applyed to patronize such horrid crimes as have been represented in Evidence against the Earl of Strafford and yet how frequently how presumptuously his Commands his Letters have been vouched throughout the course of this Defence Your Lordships have heard when the Judges do Justice it is the King's Justice and this is for his Honour because He is the fountain of Justice But when they do Injustice the offence is their own but those Officers and Ministers of the King who are most officious in the exercise of this Arbitrary Power they do it commonly for their advantages and when they are questioned for it then they fly to the King's Interest to his Direction And truly my Lords this is a very unequal distribution for the King that the dishonour of evil courses should be cast upon him and they to have the advantage The prejudice which it brings to him in regard of his profit is no less apparent it deprives him of the most beneficial and most certain Revenue of his Crown that is The voluntary Aids and Supplies of His People His other Revenues consisting of goodly Demeans and great Mannors have by grants been alienated from the Crown and are now exceedingly diminished and impaired But this Revenue it cannot be sold it cannot be burdened with any Pensions or Annuities but comes intirely to the Crown It is now almost Fifteen years since His Majesty had any Assistance from His People and these illegal wayes of supplying the King were never prest with more Violence and Art then they have been in this time and yet I may upon very good grounds affirm That in the last Fifteen years of Queen Elizabeth She received more by the Bounty and Affection of her Subjects then hath come to his Majesties Coffers by all the inordinate and rigorous courses which have been taken And as those Supplies were more beneficial in the Receipt of them so were they likewise in the use and imployment of them Another way of prejudice to His Majesties profit is this Such Arbitrary Courses exhaust the People and disable them when there shall be occasion to give such plentiful Supplies as otherwise they would do I shall need no other proof of this then the Irish Government under my Lord of Strafford where the Wealth of the Kingdom is so consumed by those horrible Exactions and Burdens that it is thought the Subsidies lately granted will amount to little more then half the proportion of the last Subsidies The two former wayes are hurtful to the King's profit in that respect which they call Lucrum Cessans by diminishing his Receipts But there is a third fuller of mischief and it is in that respect which they call Damnum emergens by encreasing his Disbursements such irregular and exorbitant attempts upon the Liberties of the People are apt to produce such miserable Distractions and Distempers as will put the King and Kingdoms to such vast Expenses and Losses in a short time as will not be recovered in many years We need not go far to seek a proof of this these two last years will be a sufficient Evidence within which time I assure my self it may be proved that more Treasure hath been wasted more loss sustained by His Majesty and His Subjects then was spent by Queen Elizabeth in all the War of Tyron and in those many brave Attempts against the King of Spain and the Royal Assistance which she gave to France and the Low-Countries during all Her Reign As for greatness this Arbitrary Power is apt to hinder and impair it not only at home but abroad A Kingdom is a Society of men conjoyned under one Government for the Common good The World is a Society of Kingdomes and States The King's Greatness consists not only in His Dominion over his Subjects at home but in the Influence which he hath upon States abroad That he should be great even among Kings and by his Wisdom and Authority so to incline and dispose the Affairs of other States and Nations and those great events which fall out in the World as shall be for the good of Mankind and for the Peculiar advantage of His own People This is the most glorious and magnificent greatness to be able to relieve distressed Princes to support his own Friends and Allies to prevent the Ambitious Designs of other Kings and how much this Kingdom hath been impaired in this kind by the late mischievous Counsels your Lordships best know who at a near distance and with a more clear sight do apprehend these publick and great affairs then I can do Yet thus much I dare boldly say that if his Majesty had not with great Wisdom and Goodness forsaken that way wherein the Earl of Strafford had put him we should within a short time have been brought into that miserable condition as to have been useless to our Friends contemptible to our Enemies and uncapable of undertaking any great Design either at home or abroad A Fourth Consideration is That this Arbitrary and Tyrannical Power which the Earl of Strafford did exercise in his own Person and to which he did advise His Majesty is inconsistent with the Peace the Wealth the Prosperity of a Nation It is destructive to Justice the Mother of Peace to Industry the spring of Wealth to Valour which is the active Virtue whereby the prosperity of a Nation can only be procured confirmed and enlarged It is not only apt to take away Peace and so entangle the Nation with Wars but doth corrupt Peace and puts such a malignity into it as produceth the effects of War We need seek no other proof of this but the Earl of Strafford's Government where the Irish both Nobility and others had as little security of their Persons or Estates in this peaceable time as if the Kingdom had been under the rage and fury of War And as for Industry and Valour who will take pains for that which when he hath gotten is not his own or who fight for that wherein he hath no other Interest but such as is subject to the Will of another The ancient encouragement to men that were to defend their Countreys was this That they were to hazard their Person pro Aris focis for their Religion and for their Houses But by this Arbitrary way which was practised in Ireland and counselled here no man had any certainty either of Religion or of his House or any thing else to be his own But besides this such Arbitrary courses have an ill
operation upon the courage of a Nation by embasing the hearts of the People A servile condition does for the most part beget in men a slavish temper and disposition Those that live so much under the Whip and the Pillory and such servile Engines as were frequently used by the Earl of Strafford they may have the dregs of Valour Sullenness and Stubborness which may make them prone to mutinies and discontents But those Noble and Gallant affections which put men to brave designs and attempts for the preservation or enlargement of a Kingdom they are hardly capable of Shall it be Treason to embase the King's Coin though but a piece of Twelve-pence or Six-pence and must it not needs be the effect of a greater Treason to embase the Spirits of his Subjects and to set a Stamp and character of Servitude upon them whereby they shall be disabled to do any thing for the Service of the King and Commonwealth The Fifth Consideration is this that the exercise of this Arbitrary Government in times of suddain danger by the invasion of an enemy will disable His Majesty to preserve himself and His Subjects from that danger This is the only pretence by which the Earl of Strafford and such other mischievous Counsellors would induce his Majesty to make use of it and if it be unfit for such an occasion I know nothing that can be alledged in maintainance of it When War threatens a Kingdom by the coming of a Forraign Enemy it is no time then to discontent the people to make them weary of the present Government and more inclinable to a change The supplies which are to come in this way will be unready uncertain there can be no assurance of them no dependance upon them either for time or proportion And if some Money be gotten in such a way the distractions divisions distempers which this course is apt to produce will be more prejudicial to the publique safety than the Supply can be advantagious to it and of this we have had sufficient experience the last Summer The Sixth That this crime of Subverting the Laws and introducing an Arbitrary and Tyrannical Government is contrary to the Pact and Covenant betwixt the King and his People that which was spoken of before was the legal union of Allegiance and Protection this is a personal union by mutual agreement and stipulation confirmed by Oath on both sides The King and his People are obliged to one another in the nearest relations he is a Father and a Child is called in Law pars patris He is the Husband of the Commonwealth they have the same interests they are inseparable in their condition be it good or evil he is the Head they are the Body there is such an incorporation as cannot be dissolved without the destruction of both When Justice Thorp in Edward the III. time was by the Parliament condemned to death for bribery the reason of that Judgment is given because he had broke the King's Oath not that he had broke his own Oath but he had broken the King's Oath that solemn and great Obligation which is the security of the whole Kingdom If for a Judge to take a small summ in a private Cause was adjudged capital how much greater was this offence whereby the Earl of Strafford hath broken the King's Oath in the whole course of his Government in Ireland to the prejudice of so many of his Majesties Subjects in their Lives Liberties and Estates and to the danger of all the rest The Doctrine of the Papists Fides non est servanda cum Haereticis is an abominable Doctrine yet that other Tenet more peculiar to the Jesuits is more pernicious whereby Subjects are discharged from their Oath of Allegiance to their Prince whensoever the Pope pleaseth This may be added to make the third no less mischievous and destructive to humane Society than either of the rest That the King is not bound by that Oath which he hath taken to observe the Laws of the Kingdom but may when he sees cause lay Taxes and Burthens upon them without their consent contrary to the Laws and Liberties if the Kingdom This hath been Preached and published by divers And this is that which bath been practised in Ireland by the Earl of Strafford in his Government there and endeavoured to be brought into England by his Counsel here The Seventh is this It is an offence that is contrary to the end of Government The end of Government was to prevent oppressions to limit and restrain the excessive power and violence of great men to open the passages of Justice with indifferency towards all This Arbitrary Power is apt to induce and encourage all kind of insolencies Another end of the Government is to preserve men in their Estates to secure them in their Lives and Liberties but if this design had taken effect and could have been setled in England as it was practised in Ireland no man would have had more certainty in his own then Power would have allowed him but these two have been spoken of before there are two behind more important which have not yet been touched It is the end of Government that Vertue should be cherish'd Vice supprest but where this Arbitrary and unlimited Power is set up a way is open not only for the security but for the advancement and encouragement of evil such men as are apt for the execution and maintenance of this Power are only capable of preferment and others who will not be instruments of any unjust commands who make a conscience to do nothing against the Laws of the Kingdom and Liberties of the Subject are not only not passable for employment but subject to much jealousie and danger It is the end of Government that all Accidents and Events all Counfels and Designs should be improved to the publique good But this Arbitrary Power is apt to dispose all to the maintainance of it self The wisdom of the Council-Table The authority of the Courts of Justice The industry of all the Officers of the Crown have been most carefully exercised in this the Learning of our Divines the Jurisdiction of our Bishops have been moulded and disposed to the same effect which though it were begun before the Earl of Strafford's imployment yet it hath been exceedingly furthered and advanced by him Under this colour and pretence of maintaining the King's Power and Prerogative many dangerous practises against the peace and safety of the Kingdom have been undertaken and promoted The increase of Popery and the favours and encouragement of papists have been and still are a great grievance and danger to the Kingdom The innovation in matters of Religion the Usurpations of the Clergy the manifold burthens and taxations upon the people have been a great cause of our present distempers and disorders and yet those who have been chief furtherers and actors of such mischiefs have had their Credit and Authority from this that they were forward to maintain this
Corruptives of Judgment Mr. Speaker I do before God discharge my self to the uttermost of my Power And do with a clear Conscience wash my hands of this mans blood by this solemn Protestation That my Vote goes not to the taking of the Earl of Strafford 's Life Exceptions were taken at this Speech upon Friday following and the Lord Digby Explained himself but for the present there was nothing done in it though afterwards the sleeping Revenge roused it self to some purpose for upon the 15th of July to do him all the infamy they could this Speech was by Order of the House burnt by the hand of the Common Hangman in Smithfield Palace Yard and in the Royal Exchange The Lords made no great hast in dispatching the Bill of Attainder Saturday April 24. and therefore the Faction fell upon other Methods of quickening them one of which was a Petition from many Thousands of the City which was upon Saturday presented by them to both Houses thereby to make it appear the Desire of the City and to speak truth they had strangely Exasperated the City against him as will appear by the Petition which follows To the most Honourable Assembly of the Lords and Commons in this present Parliament The humble Petition of divers Citizens of London SHEWETH THat notwithstanding His Majesties Gracious Answer The first Petition of the Citizens against the Earl of Strafford April 24. to the humble Petition of his Loyal Subjects in Summoning this Parliament with the great Care and Endeavoured pains taken by both Houses for the removing the heavy Grievances in Church and Common-wealth whereof the Petitioners have already received some Fruit for which they desire to return their most humble and utmost Thanks yet nevertheless they are enforced with all Humility to represent to this most Honourable Assembly some of those Obstructions which do still hinder that freedom and fulness of Trade in this City they have formerly had and which considering the numerous multitude thereupon depending they conceive it not able comfortably to subsist As the unsetled Condition of the Kingdom even since the Troubles in Scotland hath caused both Strangers and also some of our own who did furnish great summs of money to use to call it in and remit much of it by Exchange into Forraign Parts and stand now in expectation of what the Issue of things may be The stopping Money in the Mint which till then was accounted the safest place and surest Staple in these parts of the World still doth hinder the Importation of Bullion the Scots now disabled to pay such Debts as they owe to the Petitioners and others in the City and by reason of the Oppressions exercised in Ireland their Debts also are detained there The English Trade by reason of our general Distractions and Fears is so much decayed that Country Trades-men cannot pay their Debts in London as formerly The great Sums of Money unduly taken by His Majesties Officers and Farmers for Impositions upon Merchandize Exported and imported and the want of Relief in Courts of Justice against them The drawing out from the City great Sums of Money which is the Life and Spirit of Trade for His Majesties Service in the North and being there employed is not yet returned Besides all which from what strong and secret Opposition the Petitioners know not they have not received what so much time and pains might give and cause to hope but still Incendiaries of the Kingdoms and other Notorious Offenders remain unpunished The Affairs of the Church notwithstanding many Petitions concerning it and long Debate about it remains unsetled the Papists still Armed the Laws against them not Executed some of the most Active of them still at Court Priests and Jesuits not yet Banished the Irish Popish-Army not yet Disbanded Courts of Justice not yet reformed and the Earl of Strafford who as now appears hath Counselled the Plundring of this City and putting it to Fine and Ransom and said It would never be well till some of the Aldermen were hang'd up because they would not yield to Illegal Levies of Monies had so drawn out and spent this time in his business to the very great Charge of the whole Kingdom and his endeavour to obtain yet more all which makes us fear there may be practices now in hand to hinder the Birth of your great endeavours and that we lie under some more dangerous Plot than we can discover All which Premisses with their Fears and Distractions growing there-from and from things of the like nature the Petitioners humbly offer to the most grave Consideration of this most Honourable Assembly as being the true Causes of decay of Trade discouragement of Trades-men and of the great scarcity of Monies with the Consequences they labour under And do humbly pray That their sad Grievances may be Redressed the Causes of their Fears removed Justice executed upon the said Earl and other Incendiaries and Offenders the rather in regard till then the Petitioners humbly conceive neither Religion nor their Lives Liberties or Estates can be secured And as in Duty bound they shall ever pray c. But all they could do notwithstanding the frequent Conferences and Debates the Lords resolved to hear what the Councel would first say upon the Legality of the Bill upon which this Message was sent to the Commons by Judge Foster and Judge Heath That their Lordships will be ready to meet at a Conference by a Committee of both Houses at Nine of the Clock upon Thursday Morning in Westminster-Hall there to hear this House according to their own Offers when they brought up the Bill of Attainder of the Earl of Strafford Mr. Hide was this Day sent up to the Lords Widnesday April 28. to acquaint them with the Fears they have that the Earl of Strafford may design to Escape That he hath Ships at Sea at Command and the Guards weak and to desire he may be made a close Prisoner and the Guards strengthened To which the Lords answered They would take it into Examination and give Directions accordingly Upon Thursday the Houses being met at the Hall Thursday April 29. the King Prince and Queen being present Mr. St. Johns to whom that Province was consigned by the Commons made his Argument of the Legallity of the Bill of Attainder as followeth My Lords THE Knights Mr. St. John's Argument at Law for passing the Bill of Attainder April 29. Citizens and Burgesses of the Commons House of Parliament have passed a Bill for the Attainting of Thomas Earl of Strafford of High-Treason The Bill hath been transmitted from them to your Lordships it concerns not him alone but your Lordships and the Commons too though in different respects It concerns his Lordship the highest that can be in the Penal Part so it doth on the other side as highly concern your Lordships and the Commons in that which ought to be the tend'rest the Judicatory within that that Judge not them who Judge
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
the Regiment of the Kingdom together with the King And now will any say No Bishop No King yet one word more before I part with these Bishops what Ground-work they laid and what means they used for the Ruine of King and Kingdom was it not their working upon the Impotence of a Womans will insinuating what indignity it was that a She-Daughter of France being promised to be a Queen was become no better than a waiting-woman living upon a Pension and so nourishing in her great Discontents perswaded her going to France which was the Matter and Embrion and as I may say the chief Cause of Common Destruction which after ensued God keep all good Princes from heark'ning or consenting to the pernicious Counsels of such pestilent Priests and prating Parasites To declare all their Disloyalties in Parliament and out would fill a large Volume But now Brevis esse laboro therefore I only say That as it was not for their Goodness but Greatness that they sate in Parliament so their sitting there did I think I may say almost evert Monarchy yea Regality with what face can they inculcate that Aspersion No Bishop no King Certainly by what I have already delivered and shall now declare in the Reigns of Succeeding Princes it will â—ppear quite contrary that where Lordly Bishops domineer and bear Rule and Sway neither Kings nor Kingdoms themselves or Subjects are secure Now to the Reign of King Edward the Third did not John Archbishop of Canterbury perswade and incite this King and the Parliament to a most dangerous War with France whereby the Death of Millions hath been occasioned To such Mischief do they use their Learning and Eloquent Orations in Parliament What Epiphanius delivered of Philosophers that they were In Re stultâ Sapientes so may we say of such Bishops that they are In malo publico facundi But to pass by particular Men and Actions I shall only deliver unto you some Notable Passages in Parliament Anno 1371. The Parliament did Petition the King to have them deprived of all Lay-Offices and Government they being commonly the Plotters and Contrivers of all Treasons Conspiracies and Rebellions the very Incendiaries Pests and Grievances both of the Church and State the chiefest Instruments to advance the Peoples usurped Authority though with Prejudice of the Kings which they never cordially affected and the Arch-Enemies of the Common-wealth through their private Oppression Covetousness Rebellion and Tyranny when they have been in Office as may appear by Antiquitates Ecclesioe Britannicae in the Lives of Anselm Becket Arundel c. Here we see that they never affected the Authority of Kings but rather were Scourges to their Sides and Thorns in their Eyes Now we come to R. 2. his Grandchild who Succeeded him R. 2. we read that when in Parliament in London the Layety had granted a Fifteenth on Condition that the Clergy would likewise give a Tenth and Half William le Courtney then Archbishop did stiffly oppose it alledging they ought to be free nor in any wise to be taxed by the Layety which Answer so offended the Lords and Commons Tho. Walsingham that with extream fury they besought the King to deprive them of their Temporalties alledging That it was an Alms-Deed and an Act of Charity thereby to humble them that was then delivered for an Alms-Deed and an Act of Charity which is now accounted Sacrilege and Cruelty The next that Succeeded him was H. 4. but an Usurper also H. 4. for at that time there were living of the House of York whose Right by the Title of Clarence was before his as Mortimer c. In opposition to his Claim and Right the Bishop of Carlisle made a most Eloquent Oration but to what purpose Hayward to perswade his dethroning now vested in the Regal Government and thereby to ingage the Kingdom in a Civil War which when his Oratory could not effect he laboured and so far prevailed that by his subtil insinuations and perswasions many Princes of the Blood Royal Joh. Stow ex Anonymo Hal. Cron. and other great Lords were drawn to a Conspiracy himself laying the Plot together with the Abbot of Westminster the Chief Wheels of all the Practice as moving the rest for the King's Death whereby he brought to the Block those Noble Peers and as his Pestilent Council had infected their Minds so was the Blood of them John Stow Annals Hall ex Walsingh and theirs tainted by this foul Treason but as I discommend his disloyal Actions so I no better approve the other flattering and Time-serving Bishops who did Plead the Right of the Title of the said King more Eloquently than Honestly more Rhetorically than Divinely for which their Expressions they were employed as Ambassadors to Foreign Parts to declare and justifie his Title and Right to the Scepter the Bishop of Hereford to Rome the Bishop of Durham to France the Bishop of Bangor to Germany and the Bishop of St. Asaph to Spain which Bishop of Asaph sate as Judge in that Parliament and pronounced the Sentence of Deposition against King Richard The Form as near as I remember was We John Bishop of St. Asaph John Abbot of Glastenbury Commissioners named by the House of Parliament Sitting in Place of Judgment c. Here you may note that the Bishop did pass Judgment of a great Inheritance no less than Two or Three Kingdoms and though not between two Brothers but Cozins yet did adjudge most wrongfully as was most apparent I note withal That the Title of Lord is not assumed by this King-deposing Bishop nor any other that I read of Now what he had judged in Parliament his Holy Brother of Canterbury must make good in Pulpit Fabian 1. Concor Hall ex Fab. delivering what unhappiness it was to a Kingdom to have it governed by such a Man Certainly a most dangerous Position to an Hereditary Monarchy I also note that this Arch-Bishop was Brother to the Earl of Arundel and at the same time the Arch-Bishop of York a near Kinsman to the Earl of Wiltshire and who durst then plead against the Right of the Bishops Sitting in Parliament In the same King's Reign Richard le Scroop the Arch-Bishop of York did in Parliament enter into Conspiracy with Thomas Mowbray Earl Marshal against the said King for which they were both beheaded And now in the said King's Reign in the Parliament of Coventry let me also tell you That in the said Parliament as in other both before and after a Bill was exhibited against the Temporalties of the Clergy who called that Parliament Parliamentum Indoctorum saying That the Commons were fit to enter Common with their Cattle having no more Reason then bruit Beasts This is Speed's delivery but I take it that he repeateth it as the Prelates Censure of the House of Commons But to him succeeded Henry the Fifth H. 5 in his time did not Henry Chichley in an Eloquent Oration in Parliament revive
the Wars with France Hall in 8 R. 2. by declaring the King 's Right thereunto to the effusion of much Christian Blood and to the loss of all we had there To expiate which he built a Colledg in Oxenford to pray for the Souls Slain in France Though what he did then deliver was true of the King 's Right much Christian Blood and to the loss of all we had there To expiate which he built a Colledg in Oxenford to pray for the Souls Slain in France Though what he did then deliver was true of the King 's Right of France as was also the other of John Arch-Bishop of the same See in Edw. the Third's time and no less true was that of Carlisle against H. 4th's Title Yet I may say it was not the Office or Function of a Bishop to incense Wars Domestique or Foreign Nay this Bishop did set this War on foot to divert the King from Reformation of the Clergy For in that Parliament held at Leicester there was a Petition declaring that the Temporal Lands which were bestowed on the Church were superfluously and disorderly spent upon Hounds and Hawks Horses and Whores which better imployed would suffice for the maintenance of 15 Earls 1500 Knights 6200 Esquires and hundred Alms-houses and besides of Yearly Rent to the Crown 20000 pounds From him I come to his Son Henry the Sixth H. 6 I read many Accusations that Glocester the good Protector did lay to the Charge of Beaufort the Cardinal of Winchester and Lord Chancellor Fox Mart. in H. 6. Great Uncle to the King Living Son to John of Ghent alledging him a Person very dangerous both to the King and State his Brother of York a Cardinal also together with other Bishops no better For we read of Arch-Bishop Bourchier and other Bishops that they did shamefully countenance the distraction of the time These as I delivered before though bad in Parliaments yet too great to put out I will not now speak of many other Particulars that I might either in this King's Reign or his Successors to King Henry the Eighth for that I desire to declare what they did since the Reformation yet therein will be as brief as I may having already too much provoked your Patience for which I crave humble Pardon To Henry the Sixth succeeded Edward the Fourth E. 4 who indeed had the better Title to the Crown notwithstanding Arch-Bishop Nevil Brother to the King Maho Warwick with others did Conspire and attempt his Dethroning and after took him Prisoner and kept him in his Castle of Midleham and after in Parliament at Westminster did they not declare him a Traytor and Usurper confiscate his Goods revoke abrogate and make frustrate all Statutes made by him and intayl the Crown of England and France upon Henry and his Issue-Male in default thereof to Clarence and so disabling King Edward his Elder Brother But to hasten I will pass over Edw. the Fifth E. 3 whose Crown by means of the Prelates as well as the Duke of Buckingham was placed on the head of his Murtherous Uncle that Cruel Tyrant for had not the Cardinal Arch-Bishop by his perswasion with his Mother taken the Brother Richard Duke of York out of Sanctuary the Crown had not been placed on his Uncle's Head nor they lost their Lives and not to speak of Doctor Pinker and Doctor Shaw's Sermons and other foul passages of Prelates as Morton and others who sought also the destruction of King Richard and that when his Nephews were dead R. 3 and none had Right before him to the Crown which he then wore what disloyal long Speeches made he to the Duke of Buckingham to perswade the said Duke to take the Crown to himself From Richard I pass to Henry the Seventh I told you before H. 7 that Morton would have perswaded Buckingham to dethrone King Richard the Third and take the Kingdom to himself to which he had no Right and failing therein he addressed himself to Henry then Earl of Richmond and as by his Counsel he prevailed with him so he prevailed against and won from Richard the Garland This perswader and furtherer of bad Titles was advanced to the See of Canterbury his desire whereof perhaps caused his disloyalty and being in high favour with this Prince by his special Recommendations procured one Hadrian de Castello an Italian to be made first Bishop of Hereford after of Bath and Wells who also was made Cardinal by that Antichristian Goodw. Catal. of Bishops in Bath c. pag. 309. Paulus Jovius and devilish Pope Albert the Sixth and as Moreton had endeavoured the dethroning of his Lord and King so did the other Conspire the Murther of Pope Leo the Tenth when he was told by a Witch That one named Hadrian should succeed him As to Henry the Eighth I need not speak much of his Opinion of Bishops who he saith were but half Subjects if Subjects at all to him when he caused Sir Thomas Audeley Speaker to Read the Oath of Bishops in Parliament Spede And that it was so appeared when Wolsey and Campeius refused to give Judgment for the Unlawfulness of the Marriage of H. 8. and thereupon a Divorce whereupon the Duke of Suffolk said and that truly It was never merry in England since Cardinal Bishops came amongst us It were too large to repeat all the Petitions and Supplications and Complaints of Divines against them in this King's Reign as of Doctor Barnes Latimer Tindall Beane Barns Supplic alii and others This last named saith That the Bishops alone have the Keys of the English Kingdom hanging at their Girdles and what they traiterously Conspire among themselves the same is bound and loosed in Star-Chamber Westminster-Hall Privy Council and Parliament This and much more he But as their sitting there hath been obnoxious so it is useless as may appear by the Statute of 31 H. H. 8.31 8. yet in force where it is Enacted That as the then Lord Cromwell so all other that should thereafter be made Vice-Gerents should sit above the Arch-Bishop in Parliament Nay hold general Visitations in all the Diocesses of the Realm as well over the Arch-Bishops Bishops Arch-Deacons as Laiety to enquire and Correct their Abuses to prescribe Injunctions Rules and Orders for Reforming of Religion for abolishing Superstition and Idolatry and Correction of their Lives and Manners c. And read we not that in the 37 of the King's Reign Letters Patents were granted to Lay-men to exercise all manner of Ecclesiastical Jurisdiction H. 8.37 as the King's Officers not the Bishops Thus we see the Government of Bishops as well as their Sitting in Parliament may be spared And that neither have nor heretofore had any Ecclesiastical Jurisdiction in making of Canons or Constitutions Henry 8.25 but by the King 's Writ nor Promulge or Execute any such without the King 's Royal Assent and Licence under Pain appears by the Statute of
further Reformation desired and what was then earnestly pressed by good Divines Jo. Stow Pag. 1084. as Dr. Scorie Cox Mr. Jewel Grindal Whitehead Horn Gest was thus far granted by that Godly Princess that there should be a Conference at Westminster where being come they were opposed by the Bishop of Winchester Lincoln Litchfield Carlisle and Chester together with some others These Bishops saith mine Author Stow abruptly broke off this Conference Pleading a mistaking of their Directions and in the next Sitting utterly refused either to Write their own or to Read the others Reasons whereby all was undone that was intended whereof part was Imprinted by Richard Jugge and John Cawood as is to be seen and this was in time of Parliament Much more I might declare of Bishops Actions in this Queens time as that the Bishops in Queen Elizabeths Inauguration did refuse to Anoint or Consecrate her viz. York Canterbury dying a little before Also these Chief Bishops denied the same as London Duresm Winchester Ely Lincoln Exeter Bath and Wells Coventry and Litchfield Chichester and Peterborough But I hasten to Conclusion And as this virtuous Queen did yield that a Dispute should be had for Reformation so did the gracious Prince King James grant the like at Hampton-Court where were Doctor Reynolds and Doctor Sparkes of Oxford and Knewstabs and Chaderton of Cambridge Now who resisted the Reformation Sure none other but the Bishop of Canterbury Duresme London Winchester Chichester Worcester Carlisle and St. Davids and the Deans of Westminster Windsor Pauls Chester Worcester and Christ-Church alledging that there was no need of Reformation But God and good Men did know the contrary but I will not trouble you with their Actions in this King's Reign their Introduction of Schisms Heresies and Idolatry of Popery and Arminianism and what not Of Irreligion to the Deity Mischief and Danger to the King and prejudice to the People and Kingdom few or none within these Walls but know them and felt the harmful fruits thereof As for their Actions in His Majestie 's Reign which I think do poise down and over-ballance all formerly done since beginning of Parliaments put together in the other Scale I will refer them to the Reports of the Committees for the Pope of Lambeth and his Cardinals Wren and others and briefly conclude That whereas from their first Sitting in Parliament to this time they have as well in Parliament as out been so prejudicial and appeared to have during their sitting there Plotted and Contrived Treasons and Conspiracies Rebellion and War Domestick and Foreign been Incendiaries and Grievances to State and Church and Arch-Enemies to King and Common-wealth introducing Salique Law making this Kingdom Elective and our Princes only Kings durant bene gerend or rather bene placit in worse Case and less hold than a Duke of Venice I hope His Majesty will Lâ—ge Talionis make their Episcopacy to be only Titular which is as much as is due to them whether Arch-Bishops or Bishops for they are to have Priority or Precedency Quoad-Ordinem not Quoad Ministerium wherein the poorest Curate is his equal and his fellow-Minister And as I am not for equality and Parity so I would not have too great a distance the Danger whereof to any Estate be pleased to hear as I received it from an Author formerly mentioned in these words rendred Too much Increase and unproportionable Growth is a Cause that procureth the Change and Ruin of Common-weals For as the Body is made and compounded of Parts and ought to grow by Proportion that it may keep a just Measure so every Common-weal being compounded of Orders and Estates as it were of Parts they must be maintained in Concord one with another as it were with equal and due proportion observed between each of them For if one Estate be advanced too much above another Dissention ariseth Equality being the Nursing Mother of Peace and Contrariwise Inequality the beginning of all Enmity Factions Hatred and Part-taking But seeing it is meet that in every well-establish'd Policy there should be a difference of Rights and Privileges betwixt every Estate Equality may continue if provision be made that one Estate grow not too much before the other But more of this elsewhere in its more proper place And as for these Reasons I yielded my Vote for the Unlawfulness and Inconvenience of their Sitting there Therefore I wish they may be no longer Members of that most Honorable House I humbly crave leave to add a word or two to what I formerly spoke I am not ignorant that the foresaid Assertion No Bishop No King is received as the delivery of King James but thô it might be admitted in the Sense he meant and intended to wit that those that dislike a Church Government will hardly admit Regal Rule yet we can no way allow thereof as it is commonly offered and pressed that the Regal Power cannot subsist without the present Episcopacy Now when that Wise Learned and Religious King did conceive of the Rules and Tenents of Bishops and Prelates how Consonant to the Majesty of Temporal Princes or whether he thought them rather to tend to the Trampling thereof under foot and laying their Honour in the Dust may appear by his Quotations in the latter end of his Apology for the Oath of Allegiance which I thought fitter to annex hereunto than to have delivered them in their proper place when I spake of Bishops in the Reign of Ed. 2d being then desirous to continue the Historical Narration of their Sitting and Actions in Parliament having too much transgressed by my often enterweaving other passages therewith I overpassed the same King James's Collection out of Cardinal Bishop Bellarmine are as followeth 1. 1. De Laicis c. 7. That Kings are rather Slaves than Lords 2. 2. De Pont. Rom. L. 1. c. 7. That they are not only Subject to Popes to Bishops to Priests but even to Deacons 3. 3. Ibid. That an Emperor must content himself to Drink not only after a Bishop but after a Bishop's Chaplain 4 4. Ibid. de Cler. c. 20. That Kings have not their Authority nor Office immediately from God nor his Law but only from the Law of Nations 5. 5. De Pontif. Lib. 3. c. 16. That the Popes have degraded Emperors but never Emperor degraded the Pope Nay even * Lib. 5. c. 8. Bishops that are but the Pope's Vassals may Depose Kings and Abrogate the Laws 6. 6. De Laicis c. 8. That Church-men are as far above Kings as the Soul is above the Body 7. 7. De Pontif. Lib. 5. c. 8. That Kings may be Deposed by their People for divers Respects 8. 8. De Pontif. Lib. 2. c. 26. But Popes can be Deposed by no means for no Flesh hath Power to Judge of them 9. 9. De Pontif. Lib. 4. c. 15. That Obedience due to the Pope is for Conscience sake 10. 10. De Clericis c. 28.
it took air and so fired the Faction that they presently blew it up into a flaming Conspiracy against the Parliament some sparks of which flew into the City which was all in a hubbub by a false report that the Parliament-House was on fire a Plot there was to be that was certain but it seems they were mistaken in the Nature of it however for the present the House of Commons writ to the Army the Letter being directed to Sir John Conyers and Sir Jacob Ashley to look to their Charges and keep the Army in Good Order The Letter follows SIR The Speaker's Letter to Sir Jacob Ashley May 4. 1641. WEE have had Cause to doubt that some ill-affected persons have endeavoured to make a mis-understanding in the Army of the Intentions of the Parliament towards them To take away all mistaking in that kind the House of Commons have Commanded me to assure you That they have taken the Affairs of the Army into their Serious Care And though for the present their Monies have not come as they wished and as was due by reason of the many Distractions and other Impediments which this House could no wayes avoid yet they would have them rest assured that they shall not only have their full pay but the House will take their merits into their further Consideration in regard they take notice that notwithstanding their want and endeavours of those ill-affected persons they have not demeaned themselves otherwise then as men of Honor and well affected to the Commonwealth which this House takes in so good part that we have already found out a Way to get Money for a good part of their Pay and will take the most speedy Course we possibly may for the rest So I remain From my House at Charing-Cross the 4th of this present Month of May 1641. Your very Loving Friend c. Sir 'T is the Pleasure of the House that this Letter be communicated to the Army to the end their Intentions may be Clearly understood by them This day a Letter from the Scotish General Lesly to Sir John Lowther and the Gentlemen of Cumberland was produced and twice read in the House Wednesday May the 5th It was this day Ordered also Protestation ordered to be Printed and sent down into all Counties That the Protestation should be forthwith Printed and sent down into all Counties Corporations and Burroughs to all Sheriffs and Justices of the Peace and to intimate to them with what Willingness the Members of the House took it and as they justifie the taking it in themselves so they cannot but approve it in them that shall likewise take it And for the promoting of the taking of it these following Directions were Printed together with the said Protestation and dispersed throughout the Kingdom this was intended for a fatal Shibboleth to know the strength of the Faction and to be a Mark of Discrimination between their Friends and Enemies and was more particularly designed for a Snare for the Orthodox and Episcopal Clergy and that Clause in the Directions to return the Names of those who refused to Enter into this Confederacy against the Church made many timerous persons doubtless do an Action for the justifiableness whereof they had no great Assurance The Directions were these IT is thought fit that the Protestation which the Parliament lately made be taken by the City of London in the several Parish Churches Printed Directions for taking the Protestation in the afternoon of some Lords Day after Sermon before the Congregation be dissolved by all Masters of Families their Sons and Men-Servants in manner and from following viz. First That forthwith Notice of this Intention be given to the Minister Church-Wardens and some other meet persons of each Parish in London Liberties and adjacent Parishes and some of them to give notice to the rest of the Parishioners Secondly That the Minister be intreated to acquaint his Parish in his Sermon either Forenoon or Afternoon with the nature of the business more or less as he shall think fit for the better and more solemn taking of the said Protestation or if the Minister refuse it that some other be intreated to Preach that will promote the business or if neither of these may be had that some other convenient course be taken by some well affected to the business to stay the Parish and communicate the matter to them Thirdly That the Minister or Ministers of every Congregation first take it in his or their own person reading the said Protestation in so distinct a Voyce that all present may conveniently hear it and that all the Assembly present do make the same Protestation distinctly after this manner every man taking this Protestation into his hand I A. B. do in the presence of Almighty God freely and heartily promise vow and protest the same which the leading person took naming the person Fourthly That there be a Register Book wherein every man taking this Vow or Protestation subscribe his Name with his own hand or mark and that the Names be taken of such as do refuse the same Fifthly That all the Parishioners abovesaid whether in Town or out of Town be earnestly requested to be present at their own Parish Church in the Afternoon of that Lords Day whereon it shall be taken that every man may take it in their own place and if any be necessarily absent that they may be desired to take it the next Lords Day after or so soon as may be with Conveniency Sixthly and lastly That all whom it doth not immediately concern be earnestly requested to depart It was further Ordered That all Members about Town be warned to appear at 8. of the Clock to morrow and non-appearance to be accounted a Contempt of the House upon which the House will proceed as against persons not worthy to Sit in the House and that none go out of the Town without special Leave from the House The Earl of Holland signified to the House of Lords Earl of Newport made Constable of the Tower That he was Commanded by his Majesty to let their Lordships know that he hath made the Earl of Newport Constable of the Tower of London They began also now to cast an oblique Aspect upon the Sword as hitherto they had done upon the Scepter and Royal Prerogative as appears by this following Vote and Order which was a necessary Preliminary Point to their wresting the Militia Forts and Castles from the King as afterwards they did for well they knew that without the power of the Sword they could never hope to mate the Scepter It was therefore Ordered That the respective Knights Order to Enquire into the Condition of the Forts c. and to take Account of the Militia and to arm the Countries Citizens and Burgesses give an Account of the state of the Shires Cities and Burroughs for which they serve for Arms and Ammunition Castles and Forts and of the Governors Lord Lieutenants
Readiness though at the same time the Parliament had sent Orders to him by Commissioners authorized under the Great Seal according to the King's Directions to apprehend him but he pretended the Orders came not time enough And at the same time he took an Oath which was administred by the King's Authority under the Great Seal to be True and Faithful to the King and Parliament and keep the Town of Portsmouth for their Use and not to deliver it but by both their Consents The Plot being made known to the House of Commons they resented it as a thing of very dangerous Consequence and found it necessary therefore that Mr. Goring should own the Discovery of the Design and immediately he was sent for by the House of Commons whereof he was a Member and being present there he was commanded to declare his Knowledg of the Design Upon this Command he Expressed himself in these Terms Having been told that there was an Intention to Unite the Forces of our Army and to put them into a Posture of being aâ—â—e if not purpose of being willing to interpose in the Proceedings of â—â—â—nament I hearkened to the Propositions of soliciting a Redress for the Miseries of the Souldiery being the first step to this in respect of the present Necessities of it not any future consequence of trouble to those that were to procure our Relief But lest the manner of asking this or the Effect of it being obtained might be less just than the thing it self which was desired and I might be involved in their Crime that had further Ends perhaps than merely the Redress of our Armies Grievances I thought it not amiss to take some Witness of my Integrity along with me and spake to a Noble Lord the very same Day when I assured him there were some Officers of the Army that were least thought on that had not the greatest Zeal to the Proceedings of this House and I thought there would be an occasion to let him know more of it within few Days After this Mr. Jermin and I being admitted into a Consultation where we were tied to Secrecy by an Oath in the Company of those Gentlemen I have named in my Depositions where their purpose was declared to us in some Propositions which were to this Effect First putting the Army into a Posture to serve the King Secondly Tendring a Declaration to the Parliament containing That no Act of Parliament should be made contrary to any former Act which was Expressed That Episcopacy should be kept up as it is now Thirdly That the King's Revenue should be Established This I thought unlawful for our undertakings since they intended to interpose in the Determinations of this House and it belongs to an Army to maintain not to contrive the Acts of State I objected therefore against their Propositions and more the Follies and Difficulties than the irregularities of them not only because I thought Reason a greater Argument with them than Conscience but because I was so unhappy of the two to be thought a worse Common-wealths-man than a Souldier and in that quality could procure most Credit for my words I endeavoured to shew them that as the Design would be impious if the most desperate Counsels had been followed so it would have been the weakest that ever was undertaken if they were omitted And whereas I am said to have a part in this Violent Councel till the day before this Meeting I never heard word of it and knew not when I came to the Room whether theirs were not the same with the other This they may witness for me and that I declared I would have to do with neither and that I expressed contempt of our meeting in that manner But I rely upon the Testimony of some Noble Lords of his Majesties Council and others how I protested against all those violent Councels even in the Birth of them and with what Piety I looked towards the Person of his Majesty and the whole Kingdom in this Business I appeal also to them and some Members of this House what my Carriage was towards these Gentlemen that were imbarqued in these Undertakings intending rather to prevent a mischief by abandoning their Councels than to ruin them by disclosing them But mistake me not for had I known of any former Plot proceeded in that could indanger or disturb the Quiet of his Majesty or the Peace of the Kingdom I should not have been contented with declaring mine own Innocency nor have stayed till the Commands of this House or an Oath Extorted from me a discovery but by a hasty open Declaration have broke the Laws of Amity and Friendship and all former Tyes to the present Duty of a Subject and as freely Exposed the Knowledg of all to the View of the World as I have been tender in publishing these Purposes even to my nearest Friends which had weight enough to crush nothing but the Undertakers of it And certainly if they had stayed where I left them there was no Conclusion at all It appears there were two several Intentions digested by others before they were communicated to me and I know not whether my hearkening to them was a fault but I am sure it was no misfortune By what hath been related Thursday June 10. The L. Digby Expelled the House of Commons but made a Baron the Reader will Easily perceive for what Reason my Lord Digby thought himself Obliged to speak so sharply against Colonel Goring as by his own Confession guilty of a Wilful Perjury as Entring into the Oath of Secrecy purposely with an Intention to discover the Confederacy But all this would not Satisfie the Faction who had entertained a mortal displeasure against him for his Apostacy as they called it in declaring so frankly his Opinion against the Bill of Attainder against the Earl of Strafford for though their Resentments slept some time it was only to gain a fit opportunity to discover their Revenge to purpose and therefore laying hold of these Expressions against Colonel Goring he was this Day by Vote Expelled the House as unworthy to continue any longer a Member of it and Mr. Speaker was Ordered to give Directions to the Clerk of the Crown to issue out a Writ for a new Election in his Place But this was only to shew their Revenge for this very day he was introducted with the Usual Ceremony into the House of Lords and placed next below the Lord Brook his Writ being dated the 9th of June 17 Caroli Regis And immediately upon this it was Ordered That the Lord Digby be added to all the standing Committees The Names of the Persons complained of Yesterday for Disorders in the Church were this day given in to the House of Lords The Names of those that committed the Disorder at the Communion and the Lords Order about it Those that pulled down the Rails about the Communion Table in St. Saviour's Church in Southwark were William Smister William Shepheard Toby Grotwick Hugh
look to the repair and for the decoration thereof as is also elsewhere enjoyned 2. To preserve Discipline and Holy Rites 3. To be adjuments or assistants to the Bishops in Cathedrals as be the Archdeacons abroad Part of which Assistance is as seemeth to preach for them but the Bishops will excuse them that service as too painful nay forbid it as too dangerous but though they will not busie themselves in preaching yet have they leisure to be inventive and operative in poor beggerly toys and trifles which neither bring Honour to God nor good to the Church and People their Preaching and godly Life did anciently winn the Peoples Hearts to love God and them as his Ministers whom they received as Angels of God Ambassadors from Heaven Humility Piety and Industry laid the Foundation of all those magnificent Structures Dignities Titles Places Revenues and Priviledges wherewith the Church-men were anciently endowed what hath or is likely to demolish them is easie to conjecture King James hath delivered it in these Words The natural sickness that hath ever troubled and been the decay of all Churches since the beginning of the World hath been Pride Ambition and Avarice and these Infirmities wrought the overthrow of the Popish Church in this Country and divers others but the reformation of Religion in Scotland was extraordinarily wrought by God though many things were inordinately done by such as blindly were doing the Work of God Thus far that wise and religious Prince But lest I should forget a principal part of the Office Church Musick it shall have here the first Place the rather for that as I read the first coming in thereof was to usher Antichrist for I do find in my reading that Anno Dom. 666. the Year that was designed or computed for the coming of Antichrist Vitalian Bishop of Rome brought into the Church singing of Service and the use of Organs c. As we read in Plat. Baleus and others in the life of Vitalian who therefore was called the Musical Pope although at that time there was greater occasion of Sorrow the Longobards having entred and wasted Italy and therefore fasting and praying had been more proper then Musick and melodious singing Hereupon saith mine Author ignorance arose among the People lulled as it were asleep by the confused noise of many Voices This carried colour of advancing Devotion although it was no better as the case then stood then the Altar erected to the unknown God Acts 17. Hereby the Key of Knowledg was hid Luke 11. When the common People understood not what was sung and the heat of Zeal was quenched in Men of understanding whose Ears were tickled but Hearts not touched whilest as Saint Augustine complaineth of himself so most were more moved by the sweetness of the Song then by the sense of the Matter which was sung unto them working their bane like the deadly touch of the Aspis in a tickling delight or as the soft touch of the Hiena which doth infatuate and lull asleep and then devoureth if Service in the Latine or unknown Tongue whereof the simplest People understood somewhat was justly censured certainly this manner of singing Psalms and Service whereof the most learned can understand nothing is to be condemned I dislike not singing though by Musick of Organs and other Instruments but I wish that what is sung may be understood and as Justinian the Emperor commanded all Bishops and Priests to celebrate Prayer with a loud and clear voice non tacito modo that the Minds of the Hearers might be stirred up with more Devotion to express the Praises of God so wish I that Service and Psalms may be so Read and Sung that they may be understood and so edify the Mind as well as please the Ear. Now I am to declare that this Office doth neither tend to the Honour of God the propagation of Piety the advancement of Learning or benefit of the Common-weal but to the contrary as I have delivered rather to the dishonor c. But the Day being so far spent I will not assume too much boldness to press upon your Patience for further hearing thereof but will crave leave for further rendring thereof at fitter opportunity and for better conveniency In the Lords House the Lord Bishop of Winton reported the Conference delivered from the House of Commons touching the Canons made at the late Synod Then the Votes of the Commons being read The Lords Votes about the Canons the same with the Commons the Lords Voted the same verbatim viz. Resolved upon the Question That the Clergy of England convented in any Convocation or Synod or otherwise have no Power to make any Constitutions Canons or Acts whatsoever in matter of Doctrine and Discipline or otherwise to bind the Clergy or the Layety of this Land without Common consent of Parliament Resolved c. nullo contradicente That the several Constitutions and Canons Ecclesiastical treated upon by the Archbishop of Canterbury and York Presidents of the Convocations for the respective Provinces of Canterbury and York and the rest of the Bishops and Clergy of those Provinces and agreed upon with the Kings Majesties Licence in their several Synods begun at London and York 1640 do not bind the Clergy or Laity of this Land or either of them Resolved c. That these Canons and Constitutions Ecclesiastical treated upon by the Archbishops of Canterbury and York Presidents of the Convocations for the respective Provinces of Canterbury and York and the rest of the Bishops and Clergy of those Provinces and agreed upon by the Kings Majesties Licence in their several Synods begun at London and York in the Year 1640 do contain in them many matters contrary to the King's Prerogative to the Fundamental Laws and Liberties of the Realm to the Right of the Parliaments to the Property and Liberty of the Subjects and Matters tending to Sedition and of a dangerous Consequence Resolved c. That the several Grants of the Benevolence or Contribution granted to his Majesty by the Clergy of the Provinces of Canterbury and York Anno Domini 1640 are contrary to the Law and ought not to bind the Clergy This Day also a Bill against Ship-Money was read the first time Mr. Mr. Tailor discharged from the Tower Saturday June 12. Order about Disbanding the Army Tailor late Burgess of Windsor was also this day discharged from the Tower The Commons fell upon the Consideration of Disbanding the Army and it was Ordered That the Souldiers should be allowed Eight pence for every Fifteen Miles to be conducted 300 in a Company homewards and not more their Arms to be all taken from them and laid up at York Hull and other Convenient Places the Scots and English to be Disbanded at the same time A Petition was read Sir will withrington and Mr. Herbert Price Petition the House wherein Sir William Withrington and Sir Herbert Price made their humble Submission to the House and desired to be
Repairing the High-ways Bridges and Twenty Pounds yearly to the Poor as is aforesaid But over and besides the said yearly Revenues before mentioned the said Dean and Chapter of Gloucester although but of the last Foundation and one of the least Revenues in this Kingdom yet they have Eighteen goodly Mannors and also divers other Lands Tenements and Heriditaments besides the Mannors Houses and Premises the old Rent of Assize of one of the said Mannors being 80 Pound per annum out of which Mannors and Lands the said Cathedral being to be made a Parochial Church 200 Pound per annum or more may be allowed for a Learned Preaching Minister there and a Hundred Pound a year apiece for two such others to assist him which in few years one of the said Mannors will discharge and also sufficiently Repair the said Cathedral Church and then the rest of the said Mannors and Lands may be employed to other Godly Pious or Charitable uses as the Wisdom of the King and Parliament shall think fit and suitable to this but in a more ample proportion of maintenance will be the allowances of all other Deanaries in England Again this I conceive will answer another Objection raised by a Worthy Knight at the Bar touching the Poverty of the Clergy of England if this Bill should take effect surely my Opinion is quite contrary and to that purpose I call to mind the saying of a Learned Divine Chaplain to a Nobleman upon some Conference with him of our wished desire to remove Scandalous Ministers and to reduce the Impropriations of Bishops and Deans and Chapters to a Preaching Ministry if these things said he take effect the Universities will not be able to supply the Churches and surely Sir if these things take effect I am confident we shall be so far from having a Poor beggerly Clergy as that no Kingdom in the Christian World will have a more Rich and Flourishing Clergy both for Nurseries and Incouragements of Learning and for their maintenance in more plentiful manner then it is at this present Please you therefore to put the Question I am ready to give my aid thereunto Whereupon it was Debated and strongly Urged by the Faction That there should from henceforth be no more Deans and Chapiters Chancellors or Commissaries Arch-Deacons Deans Prebendaries Chanters Canons or Petty Canons or any other their Officers within this Church or Kingdom and that all Lands and Revenues belonging to them should be taken away and disposed of to the advancement of Learning and Piety and that such of them as have no other subsistence but those Places and not Delinquents should have a Competent allowance for the term of their Lives Thus did they cover their Covetous Designs of Devouring the Church Revenues with the specious pretences of advancing Learning and Piety But the Event proved their Hypocrisie for when they had taken these Lands from the Legal Possessors of them Piety and Learning found so little a share of the Booty that even their own Hirelings of the Presbytery who had assisted them with their mercenary Lungs to Rob the Church were so far from getting any thing by it that with much to do they Escaped having their own Skins their Tithes and Glebe pulled over their Ears making good the Apologue of the Lion and his Fellow Huntsmen by their Folly and Indiscretion not to call it Rapine and Sacriledg The House of Commons was this Day wholly taken up with the further Examination of Col. Goring about the matter of the Army Wednesday June 16. Upon reading of a Petition of the Inhabitants of St. Saviours Southwark complaining against William Sonyter William Shepheard The Lords Order about those who committed the disorders at St. Saviours and St. Olavis Southwark Toby Gratwick Hugh Barcock George Ewer George Pitcher Thomas Loe c. for their pressing into the Church of the said Parish and violent breaking and pulling down the Railes about the Communion Table in an Insolent and Tumultuous manner the Parties complained of were brought to the Barr and their Council were admitted to speak for them and after a full hearing of both Parties and several Witnesses Examined on either side it did appear unto the House that the said Parties were guilty of the said Complaints laid against them in the Petition Thereupon it is Ordered That new Railes shall be forthwith set up by the appointment of the Churchwardens of the said Parish about the Communion Table in the same manner as they have been for the space of Fifty Years last past but not as they were for four or five Years last past and this to be done at the Costs and Charges of the abovesaid Delinquents And further That they shall make a Publick Acknowledgment of their faults in the Body of the Church upon a Sabbath Day when the Congregation shall be present And lastly That they shall stand Committed to the Fleet during the Pleasure of this House Also upon reading of the Petition of the Minister and the Inhabitants of St. Olaves Parish in Southwark against Robert Wainman George Bonace Hugh Evans and John Moor for making and causing to be made a great Tumult and Disorder in the Church of the said Parish in the time of the Administration of the Blessed Sacrament and for the hinderance of the performing of the same and for the great abuse of the Minister that administred the same and for using irreverent speeches when the said Duty was performing the Parties aforesaid were brought to the Barr and admitted to speak for themselves and after a full hearing of both sides and Witnesses Examined it appeared to the House that the said Parties complained of were guilty of the Complaints laid against them Whereupon the House did think fit and Ordered That the said Robert Wainman and George Bonace for their said Offences shall stand committed unto the Prison of the Kings-Bench forthwith and there to continue for the space of Six Months without Bail or Mainprize And that they shall stand upon a High Stool in Cheapside and Southwark for two hours together upon two Market-Dayes and acknowledg their Faults publiquely And lastly That they shall pay 20 l. Fine to his Majesty and to be bound to their good Behaviour And it is further Ordered That the said Hugh Evans and John Moor shall forthwith stand Committed to the Kings-Bench until they find Sureties to answer at the next Assizes to be kept for the County of Surrey their Faults and Offences in the disturbing and hindering the Administration of the blessed Sacrament who are there to be proceeded against according to Law And that Robert Osbalston Gent. and Richard Cant shall enter into Recognizance before Sir John Lenthall Knight one of his Majesties Justices of the Peace for the County of Surrey to appear at the next Assizes and prosecute against the said Hugh Evans and John Moore for their Offences aforesaid The State of the Accounts of the English and Scottish Armies were brought into
forbear doing to be Great to be Rich had he Children or Kindred or had none This highly unjust Judge by continuing sins maintained his Actions to preserve himself he knows to be found guilty in one of his offences the penalty of the Law for it therefore covers the offences committed with inventing and acting other For a Judge to be Unjust more hurts the Publique than any other he is not suspected What a Judge doth is looked on as a thing that ought to be done The most pernicious Great Man that by cunning hath got to himself the Heart and Tongue of his Prince his ill acts have dyed with him if not taken up by others and then they walk in darkness No man will justifie what he doth by saying Such a Favorite did it but the Unjust Judgments of this Judge were given in the Noon-day were done in the face of the whole Kingdom in the hearing of such as might carry the News to all Parts of the Realm and was therefore done His Unjust Judgments were our Records We have seen Wicked Great Men most Craftily Politique they hated our Laws yet not meeting with Active Judges moulded to their purposes they and their acts have dyed the Realm flourished but of late others less Politick meeting with most Unjust Judges every way as ill as they could wish them to be then did the Kingdom faint under the Load of its Misery did long struggle now it 's rising I assure my self your Lordships will assist to take off the Burden If the Designs of some would not have such a man to be at liberty a Warrant from some Lords of the Council would soon have laid him in Prison and given no cause had he moved this Judge to be Discharged or Bailed he could have obtained neither if their wayes would not have endured that man to live a Judge reviling the Prisoner and his Councel that moved for his Discharge or Bail joyned with the hate of some Great Man might soon have moved a Gaoler for unwholsome Rooms and Lodging and ill Dyet for his Prisoner and they may soon take Life away month July 1641. Offenders in Prisons are looked after to be safe only such are brought in by Power against Law are abused Had a great Man desired the Estates of others the breach of a Proclamation might readily have been charged against them in the Star-Chamber but they it may be could have answered and cleared themselves and proved their Answers by Testimonies had they been referred to this Judge he would have expunged the one suppressed the other Then followed Fines to the value of their Estates or more then Imprisonments of course till they paid such Fines your Lordships have heard what this Judge did to the Sope-boylers The Country-man followed the Plough and his thinking he was assured of his Right of Property and Liberty gave him ability to do it He believed his Neighbour his Landlord his King could not take his Goods from him without his consent He knew the usual payments by Law and in Extraordinary Causes thought to have that Care to choose such for his Knights of his Shire or for his Burgesses as might be mindful of the cause of payment and of his Estate This man hath heard the Opinions and Judgment of this Judge hath seen his Goods taken from him without his or his Knights of the Shire or Burgesses consent or advise These have made him his Wife and Children to joyn in tears to wish they had never been born they have made them think on many wayes to keep safe that Estate which was yet left them have made them desire to sell all their Goods and hide the Money but then he remembers this Judge how that he shall be carried to Prison and remain there if he pay not what please others to assess him Then they think idle persons the drones and moths of the Common-wealth to be a wise people who to be unworthy to live they formerly conceited They expect and can think of nothing but to be Beggars Where publick and enormous Offences have been committed eminent and notorious punishments must be such will make your Lordships Proceedings highly esteemed else there will be so many offenders as none without danger can be punished This Judge Subverting our Laws took away the Hearts of many he subscribed for the Kings Power but so as he put him on taking his Subjects Goods and of all other such ways be most dangerous For we know his Majesty is not the last that suffers and is not the King worth many Thousands The place of this Judge was to have given and preserved to the King the Hearts of his Subjects the due execution of the Laws had done this and when such notice is taken of a Prince none will conspire against him who cannot fain to themselves Safety before or after any fact committed Forraign Enemies will not Invade his Kingdoms Thus hath his Majesty now got our Hearts and will for ever have them This Judge is to answer for what his Majesty and for what we have suffered I am Commanded by the House of Commons to desire of your Lordships That the Proceedings against Sir Robert Berkley Knight one of the Justices of his Majesties Court of Kings-Bench may be in as speedy a way of Trial as the Course of Parliament will allow The Articles were as follow The Atticles of Impeachment of Sir Robert Berkley Knight one of the Justices of the Court of the Kings-Bench by the Commons in this present Parliament Assembled in their Own Name and in the Name of all the Commons of England in Maintenance of their Accusation whereby he standeth Charged with High Treason and other great Misdemeanors INprimis That the said Sir Robert Berkley Articles of Impeachment against Sir Robert Berkley c. July 6. 1641. then being One of the Justices of the said Court of Kings-Bench hath Trayterously and Wickedly endeavoured to Subvert the Fundamental Laws and Established Government of the Realm of England and instead thereof to introduce an Arbitrary and Tyrannical Government against Law which he hath declared by Trayterous and Wicked Words Opinions Judgments Practices and Actions appearing in the several Articles Ensuing 2. Whereas by the Statute made in the 25th Year of the Reign of King Henry the 8th Prices of Victuals are appointed to be rated in such manner as in the said Statute is declared But it is manifest by the said Statute Corn is none of the Victuals thereby intended Nevertheless some ill-affected persons endeavouring to bring a Charge upon the Subjects contrary to Law did surmise that the Prices of Corn might be rated and set according to the Direction of that Statute and thereupon great Gain might be raised to his Majesty by Licences and Dispensations for selling Corn at other Prices And a Command from his Majesty being procured to the Judges and sent to them by William Noy Esquire his Majesties then Attorney-General to deliver their Opinions touching
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
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
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
Brothers and the Head of his House the Spanish King Adopts Ferdinand of Gratz for his Son so to prepare a way to make him the Successor of his Scepter Crown and Purple Then were the Sacred Dyets of the Empire the Ancient means to reconcile Differences and prevent Jealousies as often dissolved abortively as called insincerely Rumours were spread of Practices and Designs against the Protestant Princes and Cities And that those Rumours might not vanish in Smoak the Liberties of the Great and Ancient City of Strasburg were opprest The Protestant Princes seeing Materials and Engines on every side prepar'd for their Ruine were necessitated to meet at Heilburn and there to conclude an union amongst themselves This gave the Jesuits an assured hope of making Germany speedily miserable by a Calamitous War for not only the Pontifician Princes took the opportunity to settle a Catholique League as they call'd it amongst themselves But also the Elector of Saxony like a true Pseudo-Lutheran neither Protestant nor Papist shews as good an Affection to the Catholic League as the Evangelick Union The old Emperor Matthias begins now to act his part and the Jesuits spur on their ready Scholar Ferdinand of Gratz to ascend the bloody Theatre they had so long designed him Through the old Emperor's intercession abusing the Bohemian Protestants Credulity with sugared Flatteries and large Promises he is admitted to the Crown of that rich Kingdom which soon after made way for him unto the Crown of Hungary also The Jesuits and the Spaniards did now only want a fair occasion to begin a War in Germany The Emperour Matthias labours with the Protestant Princes to dissolve their Union which not taking effect the Bishop of Spiers is encouraged underhand to pick a Quarrel with the Prince Elector Palatine and to build a strong Fortress upon his neighbours Territories pretending he had right to that Plot of Ground upon which the said Fortress was raised But an higher Providence did not suffer this Spark to set Germany on Fire though it had been kindled at the Prince Elector's own door to affront and provoke him for he by an incredible celerity did cause the said Fortress to be demolished before the Enemy could fit and furnish it for his intended use which made him sit still and study for a new occasion which that it might not be long wanting the Liberties and Priviledges of the Protestants in Bohemia contrary to their new King Ferdinand's Oath were temerated and by that means in the year 1619 the greater part of the Estates of that Kingdom were necessitated after mature deliberation to abdicate him and to Elect Frederick Prince Elector Palatine for their King And thus are we arrived at that sad period of time upon which so many fatalities have ensued in which we may see evidently That the Prince Elector Palatine was not causally guilty of any part of that Ocean of Blood that hath been since spilt in Germany as the Pontifician side pretend he was The Scene was long before prepared by the Enemies of the Truth and the Kingdom of Bohemia was filled with Arms and Hostilities divers Months before his accepting of that Crown when himself laboured by an earnest mediation to have given a peaceable Issue to those bloody beginnings It was the Honour and Greatness of that Matchless Princess that he gained here and the considerable Succours they expected from hence that especially drew the Bohemians to that Choice It therefore concerns us now at length to provide that the Prince Elector himself and the other Princely Branches of that great Family being the second without question if not the first and most Ancient of the Empire extracted by their last match from the Royal Line of Great Britain should not under colour of their Father's accepting that Crown to which they now pretend no Title be for ever despoyled of their Ancient Inheritance and Electoral Dignity To which Calamity they had never been reduced had not the French King at that time forgotten the old Maxime of his Predecessors which was To keep even the Ballance of Germany to which also did most fatally concur the Duke of Bavaria's Ambition betraying his own Blood and the Duke of Saxony's taking Arms against the Evangelical Party By this means and the advancing of Spinola with the Spanish Army out of the Netherlands was not only the Kingdom of Bohemia lost in a few months but the Palatinate also excepting some few Places of strength invested by the Enemy and that poor people left to slaughter calamity and desolation The Correspondence of some ill Ministers of this State abroad with those of Forreign States here assisted by some fatal Instruments at home furthered all this mischief at the instant putting this State in hope of a match when Supplies should rather have been sent from hence to have preserved at least the Electoral Territories from an Invading Power It is true that the Spanish Match had been generally treated of some 5 or 6 years before this fatal Fire kindled in Germany being first set on foot by the Duke of Lerma under Philip of Austria late King of Spain But now it was effectually advanced and fortified with a conjoyned Treaty of accommodating the Palatine Cause without effusion of Blood This and much more appears in the Original Journal-Books of the Two Houses of Parliament in Anno 21 Jacobi Regis which I have so far perused as so short a time would give leave and though that matters are there set down at large especially in the Records out of the House of Peers yet I have abstracted it into so narrow a compass as may well sort with the little spare time of this House to hear it The Relation was first made at White-hall during that Parliament in the presence of the greater part of both the said Houses on Tuesday February 24. And it was afterwards reported upon Friday the 27th day of the same Month next ensuing in the Lords House by the then Lord Keeper and in the House of Commons by Sir Richard Weston at that time Chancellor of the Exchequer It is there at large set forth That His Majesty's Royal Father having had several fair promises from the Emperour Ferdinand the Second and the King of Spain of a peaceable Restitution of the Palatinate caused not only such considerable Forces as were then remaining in Germany under the Prince Elector's Ensignes to disband but procured also some Places of strength in the Palatinate it self to be Surrendred and Consigned over to the late Infanta of Spain But in the year 1622. our late Royal Sovereign King James upon his Ambassadors return from Bruxels having discovered the Emperors intentions to be full of insincerity and deceit wrote his Princely Letters bearing Date at Hampton-Court October 3. 1622. to the then and still Earl of Bristol His Majesty's Extraordinary Ambassadour in Spain to let him know That he now perceived little sincerity in all the Spanish King's promises for the peaceable Restitution
Friday July 9. at which Mr. Denzil Hollis made this following Speech My Lords THe Knights Mr. Denzil Hollis his Speech about the Palatinate July 9. 1641. Citizens and Burgesses of the House of Commons have commanded me to let your Lordships know that they have taken into their serious Consideration His Majesties Proposal unto them of the Manifesto in which he is graciously Pleased to declare his Pious Intentions concerning his Royal Sister the Prince Palatine her Son and the rest of the Electoral Family They do with all Humbleness acknowledg His Majesties Favor in communicating unto them any part of His Royal Thoughts and asking their Advice and Counsel in a Business that doth so neerly concern Him as needs must the Happiness nay the Subsistence of these Distressed Princes of so Glorious an Extraction their Veins being enriched with the same Blood that is from so Royal Ancestors derived with Glory into his Sacred Person And in that Relation the House of Commons looks upon them with an Eye of Tenderness wishing that every drop of that Princely Blood may ever be illustrated with Honor and Happiness That His Majesty may be Crowned with this Blessing To see nothing but Glory in himself and in all that belong unto him To hear then that these Princes so nearly allyed unto the King should suffer that which is so unworthy of them instead of Honor of Greatness to find Oppression instead of a Fortune answerable to their Birth and Relation to have their ancient Patrimony torn from them and deteined by a Hand of Violence is a Thing which makes our Ears to tingle and our Hearts to rise within us My Lords The Loyal Subject of England is so well tuned in a sweet agreeing Harmony to the Person of his Prince that he is affected with the least Touch upon any part of the Princely String and Answers it instantly with a Sound proportionable If it be Good and Pleasant with Joy and Exultation if harsh and displeasant with Sorrow and Lamentation but a Sorrow not Womanish and Effeminate but accompanied with Indignation and vigorous magnanimous Resolution to be avenged upon whosoever dare give Offence to our Royal Sovereign This then is enough to make us zealous for the Redress of the Prince Electors Wrongs to desire with impatience to see him reinvested in his rightful Possessions were there nothing else to move us to it but our Love and Affection and our Duty to the King But My Lords There is yet another Motive which hath a strong irresistable Operation with us and it is the consideration how much this is of Importance to the good of Religion the advancement of the Protestant party and the redeeming many Souls from their Anti-Christian Bondage which hath a double Aspect and relates to us not only as we are Fellow-Members with them of the true Church which obliges us to a Care and Defence of them and gives us an assurance of a Reward in Heaven But doth more particularly concern us in point of Policy and Reason of State by supporting our Allies to advance this Kingdom to the highest pitch of Greatness and Reputation to make us formidable abroad to the Enemies of our Church and State and so injoy Peace and Safety and Tranquillity at Home For My Lords The Protestant Religion and this Kingdom are like Hippocrates's Twins that must both Live and Die together It is madness to think this State can subsist if Religion be subverted and as great a madness to think our Religion can continue here if we suffer it to be destroyed and eradicated out of our Neighbour Countries which can no more be that is our Religion and this Kingdom be preserved when our Neighbours of the same Religion and Belief with us be consumed then a Fort can hold out when all the Out-Works be taken or the Heart preserved when a Gangrene hath seized on the outward Parts of the Body My Lords As the true Religion is in the Truth the Heart of England which gives it Life and makes it flourish with Strength and Power so is England in Politick Respect the Heart of the Protestant Religion in all the other Parts of Christendom and upon Occasion must send out Supply into all the Neighbouring Countries professing the same Religion with it which to be themselves in safety must be under the Protection of this Fort under Contribution to this Garrison And on the other side if these Countries be one after another Invaded and Possessed by the Enemies of Religion that great Tye of Religion between us and those Bonds be Dissolved which only can Unite and Strengthen our mutual Affections and Relations as if they get one Part their Appetite will increase soon to swallow up another First The Palatinate then the other Parts of Germany afterwards the Low Countries and then Let us think in what Condition England will stand It will be left as a Cottage in a Vineyard as a Lodg in a Garden of Cucumbers as a besieged City when all the Defences are gone it will soon fall to be a Prey to the Enemy My Lords This Consideration likewise works with the Commons of England and as the Wise-Man is to have his Eyes in his Head and look before him so they do look before them and had rather see this Evil met half-way then stay till it come to them rather see the eating Gangrene of the Austrian Ambition stop'd in Germany then tarry till it seize upon the Vital Parts of this Island and the death of Religion inevitably follow Sir Benjamin Rudyard also at a Committee of the whole House Mr. Whitlock being in the Chair spoke to this business as follows Master Whitlock IF we may do the Prince Elector good by our good word Sir Benjamin Rudyard's Speech at a Committee of the whole House about the Palatine July 9. 1641. I hope we shall not stick to afford it him A word spoken in due Season is worth more then Gold and Silver at an other time His Majestie 's Ambassador is now at the Dyet at Ratisbon where the Emperor and other Princes are by Friendly Treaties endeavouring to make up the Breaches of Germany If this opportunity be omitted His Highness's Affairs will be exceedingly cast behind-hand It is true that our Treaties heretofore have not been prosperous the reason hath been because of the unhappy distance between the King and His People which brought a Disvalue upon this Kingdom abroad But now when the World shall take notice of the good understanding between His Majesty and His Subjects by an earnest and solemn joyning of the whole Parliament with His Majestie 's Declaration the Propositions coming from hence will carry with them more Weight more Authority which is the way to redeem our engagement at an easie rate to save those great charges which some do so much fear If we should be backward in this great work we shall cancel the obligations of Nature of Honour of Reason of State of Religion which
present Month Letter to the Lord General for the Scots to March over Barwick Bridge concerning the Passage of the Scots over Barwick Bridge and have acquainted the Lords with the same they have Commanded me to signifie unto your Lordship That since it is a Resolution taken by both Houses and consented to by them they see no Cause to alter it or to give an Occasion to the Scots to hinder their March as is agreed and concluded on by the Treaty here and therefore they adhere to their first Order to your Lordship for their Passage over Barwick Bridge and do require your Lordship to obey the Order of the Houses only for the Manner and Onder they recommend it to your Lordships Care and Directions that it may be speedy and with Safety God have your Lordship in his Keeping Your c. His Majesty was now Safely Arrived in Scotland Monday Aug. 19. purposing with all Application imaginable to Settle and Quiet the Minds of his Subjects of that Kingdom in hopes that it might conduce very much to the Composure of the Affairs of England and for this purpose at his first appearance in the Parliament of Scotland being Thursday August 19th he made this following Speech My Lords and Gentlemen THere hath nothing been so displeasing to Me as those Vnlucky Differences which have happened between Me and My People His Majesties Speech to the Parliament of Scotland Aug. 19. 1641. and nothing that I have more desired than to see this Day wherein I hope not only to settle these Vnhappy Mistakings but rightly to know and to be known of My Native Countrey I need not tell you for I think it is well known to most what Difficulties I have passed through and overcome to be here at this present Yet this I will say If Love to My Native Countrey had not been a chief Motive to this Journey other respects might easily have found a shift to do that by a Commission which I am come to perform My Self And this considered I cannot doubt of such real Testimonies of your Affections for the maintenance of that Royal Power which I enjoy after an Hundred and eight Descents and which you have professed to maintain and to which your own National Oath doth oblige you that I shall not think any Pains ill bestowed Now the End of My Coming is shortly this to perfect whatsoever I have promised and withal to quiet the Distractions which have and may fall out amongst you And this I mind not superficially but fully and chearfully to perform For I assure you That I can do nothing with more chearfulness then to give My People a general Satisfaction Wherefore not offering to Endear My Self unto you in Words which indeed is not My way I desire in the first place to Settle that which concerns the Religion and Just Liberties of this My Native Countrey before I proceed to any other Act. Information of Arms in the Marquess of Winton's House at Basing-Stoke In the House of Commons one Mr. Sewer did this day give Information that he did see on Monday was seven-Night a great many Arms in the Marquiss of Winchester's House at Basingstoke a Recusant and that the Keepers of them told him there were Arms for a thousand five hundred Men. One Welsh an Irish Priest was ordered to be sent for and if he refused to come to be taken into Custody by the Serjeant It was also Ordered Order about disbanding That Mr. Arthur Goodwin Mr. Hotham and Sir Henry Anderson shall go into the North about disbanding the Army to whom Mr. Scowen was afterwards added by a Vote of the House The Copy of the Commission to be sent for his Majesty to Sign for the Commissioners to impower them to go into and Act in Scotland was also read which was as follows Commission for the Commissioners that are to go to Scotland CHARLES by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. To Our Trusty and right well Beloved William Earl of Bedford and to Our trusty and right well Beloved Edward Lord Howard and also to Our trusty and well Beloved Nathaniel Fiennes Esquire Sir William Armyn Baronet Sir Ph ilip Stapleton Knight and John Hambden Esquire Greeting Know Ye that We reposing special Trust and Confidence in your approved Fidelity Wisdom and Discretions have Nominated and Appointed you to be Our Commissioners and by these said Presents give unto you or any three or more of you full Power and Authority to go into Our Kingdom of Scotland and there to Treat Confer and Concluds with such of Our Commissioners as shall be Named and Authorized in Our Parliament of Scotland according to the Instructions hereunto Annered And you or any three or more of you are likewise to Observe and Pursue all such further Instructions as you or any three or more of you as aforesaid shall from time to time receive from the Lords and Commons Assembled in Our Parliament of England with Our Consent and Approbation Signified under Our Royal Hand In Witness c. The House took into Consideration the Case of Mr. Votes about Mr. Cooper suspended by Dr. Rone and Sir John Lamb. Cooper Rector of Alton in Com. Huntington and it was Resolved c. That the Suspension of Mr. Cooper Rector of Alton in Com. Huntington for not reading the Book of Recreations is illegal Resolved c. That Doctor Rone and Sir John Lamb ought to give him Reparation for his Damages sustained and that his Suspension be taken off Post Meridiem Mr. Pym Reports the Order agreed upon by both Houses for the Disbanding in haec verba WHereas it was Ordered by the Lords and Commons in Parliament August 7. 1641. Order of both Houses for disbanding the Army That the Horse Troops of the King's Army be forthwith Disbanded whereunto his Majesty gave his Corsent and signified his gracious Pleasure to have it effected accordingly all which was certified to the Earl of Holland General of his Majesties Army by two several Letters from the Speakers of both Houses respectively and withal a Copy of the same sent unto him We understand by a Letter from the Lord General that none of the Horse are yet disbanded nor intended to be disbanded until the 24th of this Month and that it is propounded that some of the Foot shall then be disbanded before the rest of the Horse now both the Houses of Parliament expecting that this Order should have been performed accordingly do hereby expresly Order that the Lord General all further Delays and Excuses set apart shall forthwith disband all the Horse Troops of the Army before any of the Foot and commanded them and all the Officers of the said Horse Troops to depart from the Army which they do hereby declare to be a Matter of great Importance to the good of the Common-Wealth and therefore they do expect a quick and ready Obedience thereunto
disguising himself yet he could not get forth of the City so surely Guarded were all the Gates There was found at his Lodging hidden some Hatchets with the Helves newly cut off close to the Hatchets and many Skenes and some Hammers In the end the Sheriffs of the City who were imployed in a strict search of his Lordship found him hidden in a Cock-loft in an obscure House far from his Lodging where they apprehended him and brought him before us He denied all yet so as he could not deny but he had heard of it in the Country though he would not tell us when or from whom and confessed that he had not advertised us thereof as in duty he ought to have done But we were so well satisfied of his Guilt by all Circumstances as we doubted not upon further Examination when we could be able to spare time for it to find it apparent Wherefore we held it of absolute necessity to commit him close Prisoner as we had formerly done Mac-Mahon and others where we left them on the 23 of this Month in the morning about the same hour they intended to have been Masters of that Place and the City That morning we laid wait for all those strangers that came the night before to Town and so many were apprehended whom we find reason to believe to have hands in this Conspiracy that we were forced to disperse them into several Goals and since we found that there came many Horsemen into the Suburbs that night who finding the Plot discovered dispersed themselves immediately When the hour approached which was designed for the surprising the Castle great numbers of Strangers were observed to come to the Town in great Parties several Ways who not finding admittance at the Gates stayed in the Suburbs and there grew so numerous to the Terror of the Inhabitants We therefore to help that drew up and instantly Signed a Proclamation Commanding all Men not dwellers in the City or Suburbs to depart within an hour upon pain of Death and made it Paenal to those that should harbour them which Proclamation the Sheriffs immediately Proclaimed in all the Suburbs by our Commandment which being accompanied with the Committal of those two Eminent Men and others occasioned the departure of these multitudes and in this case all our Lives and Fortunes and above all His Majesties Regal Power and Authority being still at stake we must vary from ordinary Proceedings not only in Executing Martial Law as we see Cause but also in putting some to the Rack to find out the Bottom of this Treason and the contrivers thereof which we foresee will not otherwise be done On that 23 of this Month we conceiving that as soon as it should be known that the Plot for seizing the Castle of Dublin was disappointed all the Conspirators in remote Parts might be somewhat disheartned as on the other side the good Subjects would be comforted and would then with the more Confidence stand on their Guard did prepare to send abroad to all Parts of the Kingdom this Proclamation which we send you here inclosed and so having provided that the City and Castle should be so well Guarded as upon the sudden we could we concluded that long Council On Saturday Twelve of the Clock at night the Lord Blaney came to Town and brought us the ill news of the Rebels seizing with two hundred Men his House at Castle-Blaney in the County of Monoghan as also a House of the Earl of Essex's called Carrick-Macross with 200 Men and a House of Sir Henry Spotwood's in the same County with 200 Men where there being a little Plantation of British they plundered the Town and burnt divers Houses and since it appears that they burnt divers other Villages and robbed and spoiled many English and none but Protestants leaving the English Papists untouched as well as the Irish On Sunday morning at three of the Clock we had intelligence from Sir Arthur Terringham that the Irish in the Town had that day also broken up the King's Store of Arms and Munition at Newry where the Store for Arms hath been ever since the Peace where they found 70 Barrels of Powder and Armed themselves and put them under the Command of Sir Con Magenis Knight and one Creedly a Monk and plundered the English there and disarmed the Garrison And this though too much is all that we yet hear is done by them However we shall stand upon our Guard the best we may to defend the Castle and City principally those being the places of most importance But if the Conspiracy be so universal as Mr. Mahon saith in his Examination it is namely That all the Counties of the Kingdom have Conspired in it which we admire should so fall out in this time of universal Peace and carried with that secresie that none of the English could have any Friend among them to disclose it then indeed we shall be in high Extremity and the Kingdom in the greatest danger that ever it underwent considering our want of Men Mony and Arms to enable us to encounter so great multitudes as they can make if all should so joyn against us the rather because we have pregnant cause to doubt that the Combination hath taken force by the incitement of the Jesuits Priests and Friars All the hope we have here is That the English of the Pale and some other Parts will continue constant to the King in their Fidelity as they did in former Rebellions And now in these straits we must under God depend on Aid forth of England for our present supply with all speed especially Mony we having none and Arms which we shall exceedingly want without which we are very doubtful what account we shall give to the King of this Kingdom But if the Conspiracy be only of Maguire and some other Irish of the Kindred and Friends of the Rebel Tyrone and other Irish of the Counties of Down Monogham Cavan Fermanagh and Armagh and no general Revolt following thereupon we hope then to make Head against them in a reasonable Measure if we be inabled with Money against them in a reasonable Measure if we be inabled with Money from thence without which we can raise no Forces so great is our want of Mony as we formerly have Written and our Debt so great to the Army nor is Money to be borrowed here and if it were we would Engage all our Estates for it neither have we any hope to get in his Majesties Rents and Subsidies in these Disturbances which adds extremely to our Necessities On Sunday Morning the 24th we met again in Council and sent to all parts of the Kingdom the inclosed Proclamation and Issued Patents to draw hither seven Horse Troops as a further strength to this Place and to be with us in case the Rebels shall make Head and march hitherward so as we may be necessitated to give them Battel We also then sent away our Letters to the Presidents of both the
notice that His Majesty had Authorized Commissioners to hear what they should say or propound these very words follow Viz. Which Your Majesties Gracious and Princely favour we find accompanied with these words viz. Albeit we do extremely detest the Odious Rebellion which the Recusants of Ireland have without Ground or Colour raised against Us Our Crown and Dignity Words adds he which deserve to be written with A Beam of the Sun as an Eternal Monument of His Majesties Justice and their Guilt Nor were they spoken in a Corner but spoken under the Great Seal of England and even in that Commission which those false Accusers were to see and hear Read and by those Expressions they were sufficiently provoked to have pleaded that Authority which they so falsly pretended had they had the least shadow for so black a Calumny So far the said Earl But in regard I find his Lordship Accused in this very Passage P. W's Answer to the L. Orrery p. 58 59. Sec. 81. by P. W. in his Answer to that Book as guilty of omitting the Clause immediately following Viz. Which Words we do in all humility conceive to have proceeded from the misrepresentation of our Adversaries and therefore do protest we have been most maliciously traduced to Your Majesty Although the said P. W. doth very honestly acquit his Majesty of that horrid Scandal ingenuously acknowledging it was Sir Phelim Oneal's invention p. 57. Sec. 79. Yet to supersede all further doubting upon this occasion I will present the Reader with a Paper which his Grace the Duke of Ormond is pleased to oblige him with which will abundantly manifest not only the Innocency of the late illustrious Martyr but shew the true temper of those his inhumane Murderers who would have given Sir Phelim O Neal by the allowed confession of all Men one of the most Bloody of all the Irish Rebels not only Life and Liberty but a plentiful Reward if he would have confirmed this notorious Calumny but the Papist had it seems for that time a far better Conscience of Honesty and Honour then those impenitent Rebels and Regicides who called themselves the True Protestants for all these Temptations could not prevail with him Dr. Ker the Dean of Ardagh his Deposition concerning the Calumny thrown upon K. Charles the Martyr for giving a Commission to the Rebels in Ireland to buy his Life at the Rate of a Sin which even to him appeared greater then all his other bloody Inhumanities and Cruelties The Paper follows I John Ker Dean of Ardagh having occasionally discoursed with the Right Honourable George Lord Viscount Lanesborrough concerning the late Rebellion of Ireland and his Lordship at that time having desired to certifie the said Discourse under my Hand and Seal do declare as followeth That I was present in Court when the Rebel Sir Phelim Oneal was brought to his Tryal in Dublin and that he was Tryed in that Court which is now the High Court of Chancery and that his Judges were Judge Donelan afterwards Sir James Donelan Sir Edward Bolton Knight sometimes Lord Chief Baron of the Exchequer _____ Dungan then called Judge Dungan and another Judge whose name I do not now remember And that amongst other Witnesses then brought in against him there was one Joseph Travers Clerk and one Mr. Michael Harrison if I mistake not his Christian name and that I heard several Robberies and Murthers proved against him the said Sir Phelim he having nothing material to plead in his own defence And that the said Judge whose name I remember not as abovesaid Examined the said Sir Phelim about a Commission that the said Sir Phelim should have had from Charles Stuart as the said Judge then called the late King for levying the said War That the said Sir Phelim made Answer That he never had any such Commission and that it was proved then in Court by the Testimony of the said Joseph Travers and others that the said Sir Phelim had such a Commission and did then in the beginning of the said Irish Rebellion shew the same unto the said Joseph and several others then in Court. Vpon which the said Sir Phelim confessed that when he surprised the Castle of Charle-mount and the Lord Caulfield that he Ordered the said Mr. Harrison and another Gentleman whose name I now do not remember to cut off the King 's broad Seal from a Patent of the said Lord's they then found in Charlemount and to affix it to a Commission which he the said Sir Phelim had ordered to be drawn up And that the said Mr. Harrison did in the face of the whole Court confess that by the said Sir Phelim 's order he did stitch the Silk Cord or Label of that Seal with Silk of the Colours of the said Label and so fixed the Label and Seal to the said Commission and that the said Sir Edward Bolton and Judge Donelan urging the said Sir Pheilm to declare why he did so deceive the People He did Answer That no Man could blame him to use all means whatsoever to promote that Cause he had so far ingaged in And that upon the second day of his Tryal some of the said Judges told him that if he could produce any material proof that he had such a Commission from the said Charles Stuart to declare and prove it before Sentence should pass against him and that he the said Sir Phelim should be restored to his Estate and Liberty But he answered That he could prove no such thing nevertheless they gave him time to consider of it till the next day which was the third and last day of his Tryal Vpon which day the said Sir Phelim being brought into the Court and urged again he declared again that he never could prove any such thing as a Commission from the King And added that there were several Outrages committed by Officers and others his aiders and abettors in the management of that War contrary to his Intention and which now pressed his Conscience very much and that he could not in Conscience add to them the unjust Calumniating the King though he had been frequently solicited thereunto by fair Promises and great Rewards while he was in Prison And proceeding further in this discourse that immediately he was stopt before he had ended what he had further to say the Sentence of Death was pronounced against him And I do further declare That I was present and very near to the said Sir Phelim when he was upon the Ladder at his Execution and that one Marshal _____ Peake and another Marshal before the said Sir Phelim was cast came riding towards the place in great haste and called aloud stop a little and having passed through the throng of the Spectators and Guards one of them whispered a prety while with the said Sir Phelim and that the said Sir Phelim answered in the hearing of several hundreds of People of whom my self was one I thank the Lieutenant General for his intended
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
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
sway in all their determinations and if they be not prevented are likely to devour the rest or to turn them into their own nature In the beginning of his Majesties Reign the Party begun to revive and flourish again having been somewhat dampt by the breach with Spain in the last year of King James and by his Majesties Marriage with France the Interest and Counsels of that State being not so contrary to the good of Religion and the Prosperity of this Kingdom as those of Spain and the Papists of England having been ever more addicted to Spain then France yet they still retained a Purpose and Resolution to weaken the Protestant Parties in all Parts and even in France whereby to make way for the Change of Religion which they intended at Home The first Effect and Evidence of their Recovery and Strength was the dissolution of the Parliament at Oxford after there had been given two Subsidies to his Majesty and before they received Relief in any one Grievance many other more miserable Effects followed The loss of the Rochel Fleet by the help of our Shipping set forth and delivered over to the French in opposition to the Advice of Parliament which left that Town without Defence by Sea and made way not only to the loss of that important Place but likewise to the loss of all the Strength and Security of the Protestant Religion in France The diverting of his Majesties course of Wars from the West-Indies which was the most facile and hopeful way for this Kingdom to prevail against the Spaniard to an expenceful and unsuccessful Attempt upon Cales which was so ordered as if it had rather bin intended to make us weary of War then to prosper in it The precipitate breach with France by taking their Ships to a great value without making recompence to the English whose Goods were thereupon imbar'd and confiscate in that Kingdom The Peace with Spain without Consent of Parliament contrary to the promise of King James to both Houses whereby the Palatine Cause was deserted and left to Chargeable and Hopeless Treaties which for the most part were Managed by those who might justly be suspected to be no Friends to that Cause The charging of the Kingdom with Billeted Soldiers in all Parts of it and that Concomitant Design of German Horse that the Land might either submit with Fear or be inforced with Rigour to such Arbitrary Contributions as should be required of them The dissolving of the Parliament in the second Year of his Majesties Reign after a Declaration of their Intent to grant five Subsidies The exacting of the like proportion of five Subsidies after the Parliament dissolved by Commission of Loan and divers Gentlemen and others imprisoned for not yeilding to pay that Loan whereby many of them contracted such sicknesses as cost them their Lives Great Summs of Money required and raised by Privy Seals An unjust and pernicious attempt to extort great Payments from the Subject by way of Excise and a Commission issued under Seal to that purpose The Petition of Right which was granted in full Parliament blasted with an illegal Declaration to make it destructive to it self to the Power of Parliament to the Liberty of the Subject and to that purpose printed with it and the Petition made of no use but to shew the bold and presumptuous injustice of such Ministers as durst break the Laws and suppress the Liberties of the Kingdom after they had been so Solemnly and evidently declared Another Parliament dissolved 4 Car. the Privilege of Parliament broken by imprisoning divers Members of the House detaining them close Prisoners for many Months together without the Liberty of using Books Pen Ink or Paper denying them all the Comforts of Life all Means of preservation of Health not permitting their Wives to come unto them even in time of their Sickness And for the compleating of that Cruelty after Years spent in such miserable durance depriving them of the necessary means of Spiritual Consolation not suffering them to go abroad to enjoy God's Ordinances in God's House or God's Ministers to come to them to administer Comfort unto them in their private Chambers and to keep them still in this oppressed Condition not admitting them to be bailed according to Law yet vexing them with Informations in inferior Courts Sentencing and Fining some of them for Matters done in Parliament and Extorting the Payments of those Fines from them inforcing others to put in Security of good Behaviour before they could be released The Imprisonment of the rest which refused to be bound still continued which might have been perpetual if necessity had not the last year brought another Parliament to relieve them of whom one died by the cruelty and harshness of his Imprisonment which would admit of no relaxation notwithstanding the Imminent Danger of his Life did sufficiently appear by the Declaration of his Physician And his release or at least his refreshment was sought by many humble Petitions And his Blood still cryes either for Vengeance or Repentance of those Ministers of State who have at once obstructed the course both of his Majesties Justice and Mercy Upon the Dissolution of both these Parliaments untrue and scandalous Declarations Published to asperse their Proceedings and some of their Members unjustly to make them odious and colour the Violence which was used against them Proclamations set out to the same purpose and to the great dejecting of the hearts of the People forbidding them to speak of Parliaments After the Breach of Parliament in the fourth year of his Majesty Injustice Oppression and Violence broke in upon us without any restraint or moderation and yet the first project was the great Sums exacted thorough the whole Kingdom for default of Knighthood which seemed to have some colour and shadow of a Law yet if it be rightly examined by that obsolete Law which was pretended for it it would be found to be against all the Rules of Justice both in respect of the persons charged the proportion of the Fines demanded and the absurd and unreasonable manner of their Proceedings Tonnage and Poundage hath been received without colour or pretence of Law many other heavy impositions continued against Law and some so unreasonable that the sum of the Charge exceeds the value of the Goods The Book of Rates lately inhansed to a high proportion and such Merchants as would not submit to their Illegal and unreasonable Payments were vexed and oppressed above measure and the ordinary course of Justice the common Birth-right of the Subject of England wholly obstructed unto them And although all this was taken upon pretence of Guarding the Sea yet a new and unheard of Tax of Ship-money was devised upon the same pretence By both which there was charged upon the Subject near 700000 Pounds some years and yet the Merchants have been left so naked to the violence of the Turkish Pirates that many great Ships of value and thousands of his Majesties Subjects
have been taken by them and do still remain in miserable slavery The enlargement of Forrests contrary to Charta de Foresta and the composition thereupon The exactions of Coat and Conduct Money and divers other Military Charges The taking away the Arms of the Trained-Bands of divers Counties The desperate Design of engrossing all the Gun-Powder into one hand keeping it in the Tower of London and setting so high a Rate upon it that the Poorer sort were not able to buy it nor could any have it without Licence thereby to leave the several parts of the Kingdom destitute of their necessary defence and by selling so dear that which was sold to make an unlawful advantage of it to the great Charge and detriment of the Subject the general destruction of the Kings Timber especially that in the Forrest of Dean sold to Papists which was the best Store-house of this Kingdom for the maintenance of our Shipping the taking away of mens right under colour of the Kings Title to Land between high and low Water-Marks The Monopolies of Soap Salt Wine Leather Sea-Cole and in a manner of all things of most common and necessary use The restraint of the Liberties of the Subjects in their habitation Trades and other Interest Their vexation and oppression by Purveyors Clerks of the Market and Salt-Peter-men The sale of pretended Nusances as Buildings in and about London conversion of Arable into Pasture continuance of Pasture under the name of depopulation have drawn many Millions out of the Subjects Purses without any considerable profit to his Majesty Large quantities of Common and several Grounds have been taken from the Subject by colour of the Statute of Improvement and by abuse of the Commission of Sewers without their consent and against it And not only private Interest but also publick faith hath been broken in seizing of the Money and Bullion in the Mint and the whole Kingdom like to be robb'd at once in that abominable project of Brass-Money Great numbers of his Majesties Subjects for refusing those unlawful charges have been vext with long and expensive Suits some fined and censured others committed to long and hard imprisonments and confinements to the loss of health of many of life in some and others have had their houses broken up their goods Seized some have been restrained from their lawful Callings Ships have been interrupted in their Voyages surprized at Sea in an Hostile manner by Projectors as by a common Enemy Merchants prohibited to unlade their Goods in such Ports as were for their own advantage and forced to bring them to those places which were most for the advantages of the Monopolizers and Projectors The Court of Star-Chamber hath abounded in extravagant censures not only for the maintenance and improvement of Monopolies and other unlawful Taxes but for divers other Causes where there hath been no offence or very small whereby his Majesties Subjects have been oppressed by grievous Fines Imprisonments Stigmatizings Mutilations Whippings Pillories Gags Confinements Banishments after so rigid a manner as hath not only deprived Men of the Society of their friends exercise of their professions comfort of Books use of Paper or Ink but even violated that near Union which God hath Establisht betwixt Men and their Wives by forced and constrained separation whereby they have been bereaved of the comfort and conversation one of another for many years together without hope of relief if God had not by his over-ruling Providence given some interruption to the prevailing Power and Council of those who were the Authors and Promoters of such peremptory and heady courses Judges have been put out of their places for refusing to do against their Oaths and Consciences others have been so awed that they durst not do their duties and the better to hold a Rod over them the Clause quam diu se bene gesserit was left out of their Patents and a new Clause Durante bene placito inserted Lawyers have been checkt for being faithful to their Clients Solicitors and Attorneys have been threatned and some punished for following lawful Suits And by this means all the approaches to Justice were interrupted and forecluded New Oaths have been forced upon the Subject against Law new Judicatories Erected without Law The Council-Table have by their Orders offered to bind the Subjects in their Free-holds Estates Suits and Actions The pretended Court of the Earl-Marshal was Arbitrary and Illegal in its being and Proceedings The Chancery Exchequer-Chamber Court of Wards and other English Courts have been grievous exceeding in their Jurisdiction The Estate of many Families weakned and some ruined by excessive Fines exacted from them for compositions of Wardships All Leases of above a hundred years made to draw on Wardship contrary to Law Undue proceedings used in the finding of Offices to make the Jury find for the King the Common-Law Courts seeing all men more enclined to seek Justice there where it may be fitted to their own desire are known frequently to forsake the Rules of the Common-Law and straining beyond their bounds under pretence of equity to do Injustice Titles of Honour Judicial places Serjeantships at Law and other Offices have been sold for great Sums of Money whereby the common Justice of the Kingdom hath been much endangered not only by opening a way of employment in places of great trust and advantage to Men of weak parts but also by giving occasion to Bribery Extortion Partiality It seldom hapning that places ill-gotten are well used Commissions have been granted for Examining the excess of Fees and when great exactions have been discovered Compositions have been made with Delinquents not only for the time past but likewise for immunity and security in offending for the time to come which under colour of remedy hath but confirmed and encreased the Grievance to the Subject The usual course of pricking Sheriffs not observed but many times Sheriffs made in an extraordinary way some times as a punishment and charge unto them sometimes such were pricked out as would be Instruments to execute whatsoever they would have to be done The Bishops and the rest of the Clergy did triumph in the suspensions Excommunications Deprivations and Degradations of divers Painful Learned and Pious Ministers in the vexation and grievous oppression of great numbers of his Majesties good Subjects The High Commission grew to such excess of sharpness and severity as was not much less then the Romish Inquisition and yet in many Cases by the Archbishops power was made much more heavy being assisted and strengthned by Authority of the Council-Table The Bishops and their Courts were as eager in the Country and although their Jurisdiction could not reach so high in rigour and extremity of punishment yet were they no less grievous in respect of the generality and multiplicity of vexations which lightning upon the meaner sort of Trades-men and Artificers did impoverish many thousands and so afflict and trouble others that great numbers to avoid their miseries departed
Declaration against the House of Commons was published in His Majesties Name which yet wrought little Effect with the People but only to manifest the Impudence of those who were Authors of it A forced Loan of Money was attempted in the City of London The Lord Mayor and Aldermen in their several Wards injoyned to bring in a List of the Names of such Persons as they judged fit to lend and of the Sum they should lend And such Aldermen as refused so to do were committed to Prison The Archbishop and the other Bishops and Clergy continued the Convocation and by a new Commission turned it to a Provincial Synod in which by an unheard-of presumption they made Canons that contain in them many Matters contrary to the King's Prerogative to the Fundamental Laws and Statutes of the Realm to the Right of Parliaments to the Property and Liberty of the Subject and Matters tending to Sedition and of dangerous Consequence thereby establishing their own Usurpations justifying their Alter-Worship and those other Superstitious Innovations which they formerly introduced without Warrant of Law They Imposed a new Oath upon divers of his Majesties Subjects both Ecclesiastical and Lay for maintenance of their own Tyranny and laid a great Tax upon the Clergy for Supply of his Majesty and generally they shewed themselves very Affectionate to the War with Scotland which was by some of them styled Bellum Episcopale and a Prayer Composed and Injoyned to be read in all Churches calling the Scots Rebels to put the two Nations into Blood and make them irreconcileable All those pretended Canons and Constitutions were armed with the several Censures of Suspension Excommunication Deprivation by which they would have thrust out all the good Ministers and most of the Well-Affected People of the Kingdom and left an easie Passage to their own Design of Reconciliation with Rome The Popish Party injoyned such Exemptions from the Penal Laws as amounted to a Toleration besides many other Encouragements and Court Favours They had a Secretary of State Sir Francis Windibank a powerful Agent for the speeding of all their desires a Popes Nuntio residing here to Act and Govern them according to such Influences as he received from Rome and to intercede for them with the most powerful Concurrence of the Forreign Princes of that Religion By his Authority the Papists of all sorts Nobility Gentry and Clergy were convocated after the manner of a Parliament new Jurisdictions were erected of Romish Archbishops Taxes levied another State moulded within this State independant in Government contrary in Interest and Affection secretly corrupting the ignorant or negligent Professors of our Religion and closely uniting and combining themselves against such as were Sound in this Posture waiting for an Opportunity by force to destroy those whom they could not hope to seduce For the effecting whereof they were strengthened with Arms and Munition encouraged by superstitious Prayers enjoyned by the Nuncio to be weekly made for the prosperity of some great Design And such Power had they at Court that secretly a Commission was issued out intended to be issued to some great Men of that Profession for the levying of Soldiers and to Command and Imploy them according to private Instructions which we doubt were framed for the advantage of those who were the Contrivers of them His Majesties Treasure was consumed his Revenue anticipated His Servants and Officers compelled to lend great Sums of Money Multitudes were called to the Councel Table who were retired with long attendances there for refusing illegal Payments The Prisons were filled with their Commitments many of the Sheriffs summoned into the Star-Chamber and some imprisoned for not being quick enough in levying the Ship-Money the People languished under Grief and Fear no visible hope being left but in desperation The Nobility began to be weary of their Silence and Patience and sensible of the duty and trust which belongs to them and thereupon some of the most eminent of them did Petition his Majesty at such a time when evil Councels were so strong that they had reason to expect more hazard to themselves then redress of those publick Evils for which they interceded whilest the Kingdom was in this agitation and distemper the Scots restrained in their Trades Impoverished by the loss of many of their Ships bereaved of all possibility of satisfying his Majesty by any naked Supplication entred with a powerful Army into the Kingdom and without any Hostile Act or Spoil in the Country as they passed more than forcing a Passage over the Tyne at Newborne near New-Castle possessed themselves of New-Castle and had a fair opportunity to press on further upon the King's Army but Duty and Reverence to his Majesty and brotherly love to the English Nation made them stay there whereby the King had leisure to entertain better Counsels wherein God so blessed and directed him that he summoned the great Council of Peers to meet at York upon the twenty fourth of September and there declared a Parliament to begin the Third of November then following The Scots the first day of the great Council presented an humble Petition to His Majesty whereupon the Treaty was appointed at Rippon A present Cessation of Arms agreed upon and the full Conclusion of all Differences referred to the Wisdom and Care of the Parliament At our first Meeting all Oppositions seemed to vanish the Mischiefs were so evident which those Evil Counsellors produced that no Man durst stand up to defend them Yet the Work it self afforded difficulty enough The multiplied Evils and Corruption of sixteen years strengthened by Custom and Authority and the concurrent Interest of many powerful Delinquents were now to be brought to Judgment and Reformation The King's Houshold was to be provided for they had brought him to that Want that he could not supply his ordinary and necessary Expences without the Assistance of his People Two Armies were to be payed which amounted very near to eighty thousand Pounds a Month the People were to be tenderly charged having bin formerly exhausted with many burthensome Projects The difficulties seemed to be insuperable which by the Divine Providence we have overcome The Contrarieties incompatible which yet in a great measure we have reconciled Six Subsidies have been granted and a Bill of Poll-Money which if it be duly levyed may equal six Subsidies more in all six hundred thousand pounds Besides we have contracted a Debt to the Scots of 220 thousand pounds and yet God hath so blessed the endeavours of this Parliament that the Kingdom is a great gainer by all these charges The Ship-Money is abolished which cost the Kingdom above two hundred thousand pounds a year The Coat and Conduct Money and other Military charges are taken away which in many Countries amounted to little less then the Ship-Money The Monopolies are all supprest whereof some few did prejudice the Subject above a Million yearly The Soap an hundred thousand pounds the Wine three hundred thousand pounds
or Provisional Clause to be added to the said Bill by way of Limitation or Restriction and did also at the same time express his displeasure against some Person or Persons which had moved some Doubt or Question concerning the bound of Prerogative which the House of Commons declare to be a breach of the Fundamental Priviledges of Parliament The House of Commons do therefore desire their Lordships would joyn with them in an humble Petition to his Majesty to take notice that the Priviledge of Parliament is broken herein and to desire him that it may not be done so any more hereafter After this matter had been debated by the Lords it was Ordered That their House will joyn with the House of Commons in a Petition to His Majesty herein And the Lord Arch-Bishop of York Earl of Pembroke Earl of Bristol Earl of Holland Viscount Say and Seal Episcopus Durham Episcopus Winton Episcopus Roffen were appointed a Select Committee to meet with a proportionable number of the House of Commons to consider of the Breach of Priviledge of Parliament and and to prepare some things incident hereunto and present the same to the House This Committee to meet with the Commons on Wednesday the 15th of this Instant December at Nine of the Clock in the Morning in the Painted-Chamber The Committee appointed by the Commons to meet with the Lords were Mr. Pym Serjeant Wild Mr. Glyn Mr. Martin Mr. Strode Sir Hugh Cholmley Mr. Hollis Mr. Hampden Mr. Sam. Brown Sir Thomas Barrington Sir Edward Rodney Sir Thomas Bowyer Sir William Armyn Sir Francis Barnham Sir Walter Earl Sir Edward Aiscough Sir Philip Stapleton Sir Anthony Irby Sir William Lewes Mr. Strangeways Sir Robert Cooke Sir Edward Montforte Sir William Litton and Sir Henry Ludlow The Lord Keeper also Reported the Effect of two other Conferences had this day with the Commons The first Conference consisted of two particulars First Whereas a Proposition was made by the French Ambassador to the King for saving Seven Romish Priests which were Convicted and the House of Commons presented their Opinions to this House that five of those seven Priests may be Executed according to the Laws Now the House of Commons desire their Lordships to joyn with them in an humble Petition to His Majesty that the Execution of the Laws may be done upon all the seven Priests and that both Houses would become Suitors to the King to take off the Reprieve Next a Letter was read sent from one Parthington in Ireland written to Sir John Clotworthy Knight shewing the great and barbarous Cruelties acted upon the Protestants in Ireland by the Rebels as hanging of them and pulling their Flesh from their Bones cutting off their Heads Hands and Feet ripping up of Women great with Child and killing of Children with divers other inhumane Acts. The second Conference was touching the Declaratory part of the Bill for Pressing of Soldiers That the House of Commons consents now to the Words or Compelled that they should be inserted into the Preamble of the said Bill upon condition that these Words may be added except it be in Case of Necessity of the sudden coming of an Enemy into the Kingdom And lastly That the House of Commons doth not intend to give any Reasons for the fortifying of the Declaratory Cause in the Preamble of the Bill for pressing of Soldiers it being a thing unusual for them so to do It seems the House of Lords was in great disorder about the King's Speech Lord Pierpoint to the Black Rod for some Words offensive to the Lords for the Lord Pierpoint in his Speech having said That it was not Honourable for this House to be in such Noise and Tumult the House conceived these words to be a great Offence to so Great and High a Court as this is and being charged with the Words he was Commanded by the House to withdraw but before he withdrew he desired to explain himself which he was permitted to do and he professed he did not speak the Words to give any Offence to the House His Lordship being withdrawn the House took the Offence done into Consideration and Ordered That the Lord Pierpoint shall be committed to the Custody of the Gentleman-Vsher attending the House for the present After which the House took into consideration the Proposition of the Commons concerning the seven Priests and it was upon the Question after much Debate Resolved by the major part to joyn with the Commons in an humble Petition to his Majesty That Execution of the Laws may be done upon all the 7 Priests that are Condemned and that he will be pleased to take off his Reprieve Memorandum The Lords the Bishops withdrew themselves before the voting of this Question it being in Agitatione causae sanguinis The Lord Steward and the Lord Chamberlain were Ordered to attend the King from both Houses concerning the 7 Priests to be Executed as aforesaid and that his Majesty will take off his Reprieve Most part of this day was spent by the Commons about the Debates of the King's Speech the Result of which the Reader hath already in the Conferences with the Lords but still the Faction could spare little time to remember their Petitioning Friends of Black-Heath who had run their Heads into the Noose of the Law and a Commission was gone out against them for an Inquisition upon which Occasion as before they had warned the Under-Sheriff of Surrey so this day produced an Order of the Commons to the Justices of the Peace of Surrey not to proceed in any Inquisition concerning any Persons that met to subscribe a Petition to be preferred to this House till they should recive further Orders therein from the House This day the Lord Arch-Bishop of York Wednesday Decemb. 15. reported from the select Committee of both Houses concerning the Privileges of Parliament three Particulars which the Committees think fit to be voted in both Houses as a Breach of the Privileges of Parliament And also that a Declaratory Protestation be entred into by both Houses for the claim of those Liberties and this to be drawn up by the Committees Likewise the Committees think fit that a Petitionary Remonstrance be presented to His Majesty from both Houses declaring the Right of Parliament to those Privileges and the Particulars wherein they have been broken with an humble Desire that the like may not be done hereafter and that his Majesty will be pleased to discover the Parties by whose Misinformation and evil Council his Majesty was induced to this Breach of Privilege that so they may receive condign Punishment for the same and that his Majesty be further desired to take no notice of of any Mans particular Speeches or Carriage concerning any Matter Debated and Treated in Parliament a Form whereof is to be drawn and presented to the Committee to Morrow Morning at Nine of the Clock And that the Committees have appointed the Lord Arch-Bishop of York the Lord Roberts Sir
hither We have bin forward to all things which have bin proposed to Vs towards that work and have lately Our Self offered by a Message to Our House of Peeres and communicated to Our House of Commons to take upon Vs the Care to raise speedily 10000 English Voluntiers for that Service if the House of Commons shall declare that they will pay them which particulars We are in a manner necessitated to publish since We are informed that the Malice of some Persons hath whispered it abroad That the no speedier advancing of the business hath proceeded from some want of alacrity in Vs to this great Work whereas We acknowledge it a high Crime against Almighty God and inexcusable to Our good Subjects of Our Three Kingdoms if We did not to the utmost imploy all Our Powers and Faculties to the speediest and most effectual Assistance and Protection of that distressed People And We shall now conjure all Our good Subject of what degree soever by all the Bonds of Love Duty or Obedience that are precious to good Men to joyn with Vs for the Recovery of the Peace of that Kingdom and the preservation of the Peace of this to remove all their Doubts and Fears which may interrupt their Affection to Vs and all their Jealousies and Apprehensions which may lessen their Charity to each other and then if the Sins of this Nation have not prepared an inevitable Judgment for Vs all God will yet make Vs a Great and Glorious King over a Free and Happy People Sir Philip Stapleton brings a Message from the Commons Thursday Decemb. 16. To desire that the Proceedings in the Affairs of Ireland may be taken into Consideration with Expedition First That their Lordships would give a speedy Answer touching the Bill for pressing of Soldiers Secondly To joyn with them in their Desires to His Majesty that he will make a Declaration against Toleration of the Popish Religion Thirdly To give the Commons a Conference by a Committee of both Houses touching the Treaty with the Scots concerning the business of Ireland To the last of which the House assented and said they would take the two first into consideration The Lord Chamberlain Reported That himself and the Lord Steward had attended the King with the Message concerning the Seven Condemned Priests and that His Majesty returns this Answer for the present That he will take it into Consideration and return an Answer to the House Then the Arch-Bishop of York Reported the Protestation to be entred in the Journals of both Houses concerning breach of Priviledge as also the Petition and Remonstrance to be presented to the King upon that matter The Declaratory Protestation was reaâ— in haec verba WHereas His Most Excellent Majesty did upon Tuesday last in full Parliament The Declaratory Protestation concerning breach of Priviledge in a Speech to both Houses take notice of a Bill for the pressing of Soldiers being in Agitation in the said House and not agreed upon and did offer a Salvo Jure or Provisional to be added to the said Bill and did at the same time declare his Displeasure against some Person or Persons which had moved some Doubt or Question concerning the same The Lords and Commons do Protest and Declare That such His Majesty's Speech is contrary to the Fundamental Ancient and Vndoubted Liberty and Priviledge of Parliament and that it doth of Right belong unto them amongst other Privileges of the High Court of Parliament that the King ought not to take notice of any matter in Agitation or Debate in either of the Houses of Parliament but by their Information or Agreement and that His Majesty ought not to propound any Condition Provision or Limitation to any Bill or Act in Debate or Preparation in either House of Parliament or to manifest or declare his Consent or Dissent Approbation or Dislike of the same before it be presented to him by the consent of both Houses And that every particular Member of either House hath free Liberty of Speech to Propound or Debate any matter according to the Order and Course of Parliament And that His Majesty ought not to conceive displeasure against any Man for such Opinions and Propositions as shall be delivered in such Debate it belonging to the several Houses of Parliament respectively to Judge and Determine such Errors and Offences in Words or Actions as shall be committed by any of their Members in handling and debating any Matters there depending and for the preservation of the said Priviledges for the time to come they do ordain and appoint That this their Protestation and Declaration shall be entred in both Houses and that an humble Remonstrance and Petition shall be framed and presented to His Majesty in the Name of both Houses declaring this their Ancient and Vndoubted Right humbly desiring His Majesty to observe and maintain the said Priviledges and that he will not take notice of any particular Man's Speeches or Carriage concerning any matter in Treaty and Debate in Parliament or conceive any offence or displeasure for the same but that he will declare and make known the Name or Names of the Person or Persons by whose misinformation and evil Council he was induced to the Breach of the Priviledges of Parliament aforementioned After the Reading whereof it was Resolved upon the Question That this Declaratory Protestation now read is approved of and shall be Entred into the Journal of this House Memorandum It is declared by this House That the Person or Persons whom the King shall Name shall not be liable to any punishment without further proof Next the Petition and Remonstrance was read in these Words To the King 's most Excellent Majesty The Humble Petition of the Lords and Commons in Parliament concerning His Majesty's Speech of the 14th of December 1641. Most Gracious Sovereign YOur Majesties most Humble and Loyal Subjects The Petition of the Parliament concerning breach of Priviledge by King's Speech of Decemb. 14 1641. the Lords and Commons in Parliament Do with all Faithfulness and Zeal to Your Majesties Service acknowledge Your Royal Favour and Protection to be a great Blessing and Security to them for the enjoying and preserving of all those publick and private Liberties and Priviledges which belong unto them And whensoever any of those Liberties or Priviledges shall be invaded or broken they hold themselves bound with humility and confidence to resort to Your Princely Justice for redress and satisfaction And because the Rights and Priviledges of Parliament are the Birth-right and Inheritance not only of themselves but of the whole Kingdom wherein every one of Your Subjects is interessed The maintenance and preservation whereof doth very highly conduce to the publick peace and prosperity of Your Majesty and all Your People they conceive themselves more especially obliged with all humbleness and care yea with all earnestness and constancy of resolution and endeavour to maintain and defend the same Amongst other the Priviledges of Parliament
by the King with the whole consent of his Parliament And in this I observe a twofold Subjection in the particular Members thereof dissenting from the General Votes of the whole Parliament And 2ly the whole state of the Kingdom to a full Parliament First I confess If any particular Member of a Parliament although his Judgment and Vote be contrary do not willingly submit to the rest he is an ill Subject to the King and Country Secondly To resist the Ordinance of the whole State of the Kingdom either by stirring up a dislike in the Hearts of his Majesties Subjects of the Proceedings of the Parliament to endeavour by levying of Arms to compel the King and Parliament to make such Laws as seem best to them to deny the Power Authority and Priviledges of Parliament to cast Aspersions upon the same and Proceedings thereby inducing the King to think ill of the same and to be incensed against the same to procure the untimely Dissolution and Breaking off of the Parliament before all things be settled by the same for the Safety and Tranquillity both of King and State is an apparent sign of a Trayterous and Disloyal Subject against his King and Country And thus having troubled your Patience in shewing the difference between true Protestants and false Loyal Subjects and Traytors in a State or Kingdom and the means how to discern them I humbly desire my Actions may be compared with either both as I am a Subject Protestant and Native in this Country and as I am a Member of this present and happy Parliament and as I shall be found guilty upon these Articles Exhibited against my self and the other Gentlemen either a bad or a good Subject to my Gracious Soveraign and Native Country to receive such Sentence upon the same as by this Honourable House shall be conceived to agree with Law and Justice It is prodigious to see with what Confidence some Persons durst appeal to God and Man and certainly ex ore tuo may most truly be applied to this unhappy Gentleman who by his future Actions upon his own declared Principles proved himself to be that ill and disloyal Subject whom he doth here take such Pains to delineate nor is it less remarkable that as he was one of the first who was in Actual Hostility against the King so contrary to his own avowed Declaration here so was he one of the first who fell in that unnatural Rebellion receiving his mortal Wound in a Skirmish near Chinner in Bucks upon the same Turf where he had assembled the County to frame those Petitions which first led the Nation into Sedition and afterwards into down right Rebellion from whence Posterity may learn what little Credit is to be given to the deepest Protestations of Loyalty and Asseverations of Innocence of such Persons whose Guilt has driven to dispair of any other Security from the Punishment of their ill Actions but what is to be hoped from doing Worse and that the Professions of Loyalty in such Cases are but purely to palliate and hide their Guilt from the view of the World and to avoid the horrid Imputation of Treason a Crime which because it is naturally destructive of humane Society is universally the hatred of Mankind Mr. Brown who was one of those sent to the Gentlemen of the Inns of Court Reports from the Gentlemen of Lincolns-Inn That they went to the Court first upon a general Report that his Majesties Person was in danger This Afternoon his Majesty came in Person to the House of Commons and having Seated himself in the Speaker's Chair he spake as followeth Gentlemen I Am sorry for this occasion of coming unto you The King's Speech in the House of Commons concerning the five Members Jan. 4 1641. Yesterday I sent a Serjeant at Arms upon a very important occasion to apprehend some that by My Command were Accused of High Treason whereunto I did expect Obedience and not a Message And I must declare unto you here That albeit no King that ever was in England shall be more careful of your Priviledges to maintain them to the utmost of His Power then I shall be yet you must know that in Cases of Treason no Person hath a Priviledge And therefore I am come to know if any of those Persons that were Accused are here For I must tell you Gentlemen That so long as those Persons that I have Accused for no slight Crime but for Treason are here I cannot expect that this House can be in the right way that I do heartily wish it Therefore I am come to tell you that I must have them wheresoever I find them Well since I see all the Birds are flown I do expect from you that you shall send them unto Me as soon as they return hither But I assure you in the Word of a King I never did intend any force but shall proceed against them in a Legal and fair way for I never meant any other And now since I see I cannot do what I came for I think this no unfit occasion to repeat what I have said formerly That whatsoever I have done in favour and to the good of My Subjects I do mean to maintain it I will trouble you no more but tell you I do expect as soon as they do come to the House you will send them to Me otherwise I must take My Own course to find them So soon as his Majesty was gone the Faction in the House was all in a flame and after the heats were a little over it was Resolved upon the Question That this House shall Adjourn it self till to morrow at One of the Clock There was not any one Action of which the Faction made greater advantage then this of his Majesties coming to the House in Person to demand the five Members the Faction blew the whole Nation into a blaze with their Out-cries upon it and it did not escape odd Interpretations even from those who professed themselves his Friends It is but just therefore that we should hear his Justification which I cannot give the Reader better then from his own Incomparable Pen. Which therefore take as follows MY going to the House of Commons to demand Justice upon the five Members 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon his Majesties going to the H. of Commons to demand the five Members was an Act which my Enemies loaded with all the Obloquies and Exasperations they could it filled indifferent Men with Jealousies and Fears yea and many of my Friends resented it as a Motion rising rather from Passion then Reason and not guided with such discretion as the touchiness of those times required But these Men knew not the just Motives and pregnant Grounds with which I thought my self so furnished that there needed nothing to such Evidence as I could have produced against those I charged save only a free and Legal Tryal which was all I desired Nor had I any Temptation of displeasure or revenge
rid three Stages more as before is mentioned in order to the Royal Assent The Petition of the Inhabitants of Bucks which was delivered to his Majesty at Windsor was in these Words To the Kings most Excellent Majesty The humble Petition of the Inhabitants of the County of Buckinghamshire Sheweth THat your Petitioners having by vertue of your Highness Writ chosen John Hampden Knight for our Shire Bucks Petition to the King concerning Hampden in whose Loyalty we his Countrymen and Neighbours have ever had good cause to confide However of late to our no less amazement then grief we find him with other Members of Parliament accused of Treason And having taken to our serious consideration the manner of their Impeachment we cannot but under your Majesties favour conceive that it doth so oppugne the Rights of Parliament to the maintenance whereof our Protestation binds us that we believe it is the malice which their zeal to your Majesties Service and the State hath contracted in the enemies to your Majesty the Church and Common-wealth hath occasioned this foul Accusation rather then any deserts of theirs who do likewise through their sides wound the Judgment and Care of us your Petitioners and others by whose choice they were presented to the House Your Petitioners therefore most humbly pray that Master Hampden and the rest that lye under the burden of that Accusation may enjoy the just Priviledges of Parliament And your Petitioners shall ever pray c. To which his Majesty returned this Answer Windsor 13 Jan. 1641. HIs Majesty being graciously pleased to let his Subjects understand his care not knowingly to violate in the least degree any of the Priviledges of Parliament hath therefore lately by a Message sent by the Lord Keeper signified That he is pleased because of the doubt that hath been raised of the manner to Wave his former proceedings against Master Hampden and the rest mentioned in this Petition concerning whom his Majesty intends to proceed in an unquestionable way And then his Majesty saith It will appear that he had so sufficient Grounds to question them as he might not in Justice to the Kingdom and honour to himself have forborn and yet his Majesty had much rather that the said Persons should prove Innocent then be found guilty However he cannot conceive that their Crimes can in any sort reflect upon those his good Subjects who elected them to serve in Parliament It is Incredible what Advantages the Faction made of this Action of his Majesties in going to the Commons House in Person it shocked even many of his best Friends to that degree that they knew not what Construction to make of it insomuch that the Lord Mayor Aldermen and Common-Council Men Many of which were Loyal Men yet in this Epidemical Petitioning time they were also seized with the Petitioning Disease for however warrantable modest Petitioning may be yet this sort of it was really the Effect of a distempered and crazy State and did extremely promote all the insuing Mischiefs and that State Calenture for which England was forced to bleed so severely The Petition together with his Majesties most excellent Answer were as follows To the Kings most Excellent Majesty The humble Petition of the Mayor Aldermen and Common Councel of the City of London MAy it please your most excellent Majesty The Petition of the Lord Mayor c. of the City of London concerning the Kings going to the House of Commons the often expressions of your most gracious acceptance of the manifestation of the Petitioners duty and loyalty and the frequent Declarations of your Majesties great care of the good and welfare of this City and of the true Protestant Religion and of protecting and preserving the Persons and Priviledges of your great Councel assembled in the high Court of Parliament Each encouraged the Petitioners to represent the great Dangers Fears and Distractions wherein the City now is by reason of the prevailing progress of the bloudy Rebels in Ireland fomented and acted by the Papists and their Adherents and want of Aid to suppress them and the several intimations they have had both Forreign and at Home of the driving on of their Designs tending to the utter ruin of the Protestant Religion and of the Lives and Liberties of your Majesties loyal Subjects the Putting out of Persons of Honour and Trust from being Constable and Lieutenant of the Tower especially in these times and the Preparations there lately made the fortifying of Whitehall with men and Munition in an unusual manner Some of which men with provoking language and violence abused divers Citizens Passing by and the drawing divers swords and therewith wounding sundry other Citizens in Westminster-hall that were unarmed the late endeavours used to the Inns of Court the calling in divers Canonneers and other assistance into the Tower the late Discovery of divers Fire-works in the hands of a Papist and the mis-understanding betwixt your Majesty and Parliament by reason of misinformation as they humbly conceive Besides all which the Petitioners fears are exceedingly encreased by your Majesties late going into the House of Commons attended with a great multitude of armed men besides your ordinary Guard for the apprehending of divers Members of that House to the endangering of your Sacred person and of the persons and Priviledges of that Honourable Assembly The effects of all which Fears do tend not only to the overthrow of the whole Trade of this City and Kingdom which the Petitioners already feel in a deep measure but also threatens the utter ruine of the Protestant Religion and the Lives and Liberties of all your loyal Subjects The Petitioners therefore most humbly pray your Sacred Majesty That by the advice of your great Councel in Parliament the Protestants in Ireland may be speedily relieved The Tower put into the hands of persons of trust That by removal of doubtful and unknown persons from about White-hall and Westminster a known and approved Guard may be appointed for the safety of your Majesty and Parliament and that the Lord Mandevill and the five Members of the House of Commons lately accused may not be restrained of Liberty or proceeded against otherwise then according to the priviledges of Parliament And the Petitioners as in all duty bound shall pray for Your Majesties most long and happy Reign c. His Majesties Answer to the Petition of the Mayor Aldermen and Common-Councel of the City of London His Majesty having fully considered the matter of this Petition is graciously pleased to declare that being unalterably resolved to make good all his Expressions and Declarations of his care of this City Of the true Protestant Religion and of the privileges of Parliament His Majesty takes in good part the intimation given by the Petitioners of the fears and distractions wherein the City now seems to be And though He conceives He did on Wednesday at the Guild-hall satisfie most of those particulars is pleased to add this further Answer
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
till they were paid Henry Dillon affirmed That in my Lord of Cork's Tyrringham and Lord of Ely's time he had Warrants from them and the Council to gather money by laying Soldiers till it was paid Sir Arthur Tyrringham averred That by Warrant from the Lord Faulkland he had laid Soldiers upon a Debtor Lord Ranulagh till the Debt was paid but does not know whether it was the King's Debt Lord Ranulagh attested that it was the practice of the Lord of Cork and Ely to give Acquittances out of the Exchequer to Captains who if the money was not paid assessed Soldiers on the defaulters Then the Earl offered to prove That it was the desire of the Gentry themselves it might be so in the Lord Faulkland 's time but it was by Mr. Palmer agreed him from whence my Lord inferred That it disabled the first part of the Killing Charge That he should Traiterously and wickedly devise to subdue the Subjects of that Realm by levying Money on them The Earl then desired the 2d Article of the Lord Faulkland's Instructions might be read which was in haec verba For the Collecting of our Rents in cases of default that 1. a summoning Process shall Issue 2. The Pursivant sent 3. If this be not sufficient in case the same be not levyed then our Vice-Treasurer by Warrant of our Deputy and Council shall appoint a competent number of Soldiers of the next Garrison to be aiding to collect the Rents at the Charge of the Parties complained of having care that no man be burdened with a greater number of Soldiers than the Service shall necessarily require At Mr. Palmer's desire the first Article was read viz At the humble Request of Our Subjects We are graciously pleased to direct for the better preservation and ease of Our Subjects the Soldiers shall be called in c. and from what had been proved the Earl inferred That it could not be High-Treason for the King's Service to follow the King's direction and the constant practise of his Predecessors that he brought not the Custom in but found it there and that by Proclamation under the hands of the whole Council it was done for the Ease of the Countrey To the Testimony of Berne and Kenedy of the abuse of the Soldiers 1. he was not then in Ireland 2. he denies he ever gave Pigot such a Warrant and there is no proof of it That Pigot 's threatning Clear with a Warrant is no argument men often threaten most when they have least to shew Kennedy sayes he never saw the Warrant Savil 's Warrant is not produced that this great and mighty War on the King and his Subjects is one of the poorest Wars in Christendome for last Summer one sayes he knew Soldiers laid on one man that it was never complained of all the time he was in Ireland that the Warrant was to procure obedience to all the King's Courts Savil. and to secure the King 's Right He desired Savil might be demanded whether the Warrant granted him was not agreeable to former Precedents who affirmed his Predecessor told him he had received such a Warrant from the Lord Faulkland to sess Soldiers on the Land of Sir Thomas Fitzgerrard Henry Dillon attested Dillon that the Serjeant at Arms was an Officer as well to the Exchequer as Chancery and the last process is Attachment by the Serjeant as well between man and man as for the King Here Mr. Palmer speaking something which my Lord looked upon as an Interruption he desired no hasty words might be misinterpreted he speaking for his Life and Family and that the Gentlemen would do well not to put him out of his way but let him speak those few poor things he can for himself He then added that some wayes he is more qualified then an ordinary Person having the Honour to be his Majestie 's Deputy that by his Commission he was to govern according to the Customs of the Realm and this was Customary by all the former Governours that had it been Levying War there is a Statute 10 H. 6. c 17. Enacting That there shall be no War or Peace in the Land without the Deputie's Licence but all War or Peace to be made by the Lieutenant for the time being And as to the Stat. 18 H. 6. c. 3. That no Lord or other shall charge the King's Subjects c. 1. He hath heard it said that the King cannot be concluded in any Statute unless he be particularly named and consequently not his Chief Governour 2. He shall not lead or bring He hath done neither the Serjeant did it though under his Warrant 3. It speaks of bringing English Rebels or Irish Enemies c. But such are not the King's Soldiers sent to apprehend refractory Persons and for the King's Honour and Service 4. Practice is the best interpreter of Laws and notwithstanding this Statute the Governours have alwayes assessed Soldiers That it would be a hard Case that such an Old Law should be started contrary to Practice to destroy him and his Posterity but he believes he shall prove that Statute Repealed First By the 8 Ed. 4. c. 1. which Enacts That from the Sixth of March then next all Acts made within the Kingdom of England shall be in force in Ireland from the said time This therefore ratifies the Statute of 25 Ed. 3. which is the Statute of Treason and the Statute of 1 H. 4. which sayes nothing shall be Treason but what is within the Statute of 25 of Ed. 3. which repeals the 18 of H. 6. Secondly By the 10 H. 7. c. 29. whereby all the Statutes made in England before that time are made Laws in Ireland and all Laws contrary to these Laws are repealed but the Law urged is against 25 Ed. 3. 1 H. 4. and consequently repealed Next he produced a Statute of 11 Eliz. c. 7. for taking away Captains Ships and that none of the Great Men shall make War or Peace c. Sess nor lead the People without the Great Seal or Warrant from the Lord Deputy so that here is a power in the Deputy to assess c. without being a Traytor That to the Clause of 25 Ed. 3. if any man levy War against the King in his Realm or adhere to his Enemies c. he appeals to their Lordships as in their own Case whether 2 or 3 poor Soldiers sent to bring an Offender liable to the King's Justice can by any construction be levying War against the King and his People or rather for the Honour and Authority and Justice of the King and not adhering to his Enemies but this point of Law he desired to refer to his Council to urge for him with more advantage than he could himself being out of his profession To this Mr. Palmer replyed That there can be no Custom or legal usage Managers reply contrary to an Act of Parliament that those usages were by consent but this of my Lord 's against
it those for the King's Debts and by consent these not so that the Proclamation his Lordship mentions was an Offence in it self and Treason is no justification of Treason that for Bern 's Case if my Lord was in England yet if done by his Warrant it was the same thing To the Plea of the Deputies Power a Deputy in case of Rebellion may make a Defensive War but this was in a time of Peace and on the King's People under his Laws and Protection his Plea that because the King unless named is not concluded in any Statute is to apply Soveraignty to himself and that a Subject should not be comprehended more than the King himself as to the Repeal of 18 H. 6. the introducing of our Laws was not to Repeal theirs but to make a Consistance of both Laws so far as they both may stand together but this being matter of Law he leaves to those who are to give satisfaction to their Lordships hereofter That the Statute 11 Eliz. does not at all justifie the Earl that being made for Defence against Rebels not as the Charge was for things done in full Peace That the 2 Clauses of 25 E. 3. are to be considered separately for a man may levy War and not adhere to the King's Enemies And so he concluded that they had proved the Charge Upon the Earl's Motion not without some difficulty a day was granted for his refreshment and indeed it was no more then reasonable after such Expence of spirits in making and speaking his Defence against so many reputed the ablest men in England Upon Saturday the 16th Article was read Saturday April 3. Artic. 16. concerning his procuring from the King an Order That no complaints should be received in England unless Address were first made to the Deputy Mr. Palmer managed the Charge and first the Propositions concerning the Government of Ireland offered to his Majesty were read and the Order upon them That no particular complaint of Justice or Oppression be admitted here against any unless it appear the party first made his Address to the Deputy Then a Proclamation importing That all the Nobility undertakers and others that hold Estates and Offices in Ireland such only excepted as are imployed in his Majesties service in England should personally reside in Ireland and not to depart to England or any other place without Licence from the Lord Deputy any former Letter to the contrary notwithstanding c. so that all complaints were prevented and restrained from coming over into England To this Richard Wade deposed on Oath That my Lord Esmond sent him August 1638. Witness Richard Wade to Petition for Licence to go over to make an end of the Cause wherein my Lord Strafford was Plaintiff but was denyed that the Lord Esmond procured the King's Letter but could not yet get Licence Lorky deposed the same Lorky L. Roche The Lord Roche deposed That he was denied Licence intending to come over to justifie himself against an Information in the Star-Chamber James Nash deposed James Nash That in the Case of Mac-Carty my Lord after obtaining two dismissions of the Suit Decreed for Sir James Craig 5496 l. against Mac-Carty and on this Decree an Order to dispossess him of all his Fathers Estate That Mac Carty Petitioned for Licence to come into England but was denied both by the Lord Deputy and Sir Christopher Wainsford Henry Parry deposed Henry Parry That his Lord and Master the Lord Chancellor Ely being committed to the Castle of Dublin the Earl sent for him and commanded him to attend the Judges to be Examined about some Papers seized that he attended 6. dayes but his Lord having occasion to make use of his Friends interest sent him over into England to Sollicit HIs Majesty for Relief that here he was attached by Mr. Secretary Cook 's Warrant that he entred into Bond before he could be discharged of the Messenger to return into Ireland That after his Return he was Fined 500 l. and ordered to acknowledg his Offence at the Board and that he was imprisoned and utterly ruined that his Fine was reduced to 250 l. that he paid 184 l. Sir Robert Smith deposed Sir Robert Smith That having a Command from the House of Commons in Ireland to come over hither he was denyed Licence and a Restraint was laid upon Shipping upon that account Fitz-Garret Mr. Fitzgarret deposed to the same Effect Then the Irish Remonstrance was read importing the Fears they had of the Proclamation prohibiting their coming to England to obtain Redress of their Grievances from His Majesty After some Recollection The Earl's Defence the Earl made his Defence That he might very justifiably say that he had never in his life any thoughts or intentions before his going into Ireland or during his abode there but Justly and Faithfully to serve His Majesty and the Kingdom That as to the Order obtained from His Majesty the Reason annexed which was read would justifie it importing That it was not only a Justice to the Deputy but to the Government it self to prevent Clamors and unjust Complaints and that they might be redressed nearer home and no way to hinder any man's just complaint That for the Proclamation that it was warranted by the Laws of Ireland 25 H. 6. cap. 9. 26 H. 6. c. 2. whereby Subjects are restrained from going out of the Land upon forfeiture of their Estates without Licence from the King or his Deputy That by an Article preferred by the Irish Agents 1628. His Majesty was Petitioned to order the Residence of Vndertakers at least half the Year upon which His Majesty answered in these words ALL the Nobility Vndertakers and others who hold Estates and Offices within that Kingdom are to make their personal Residence there and not to leave it without Licence such persons Excepted only as are imployed in Our Service in England or attend here by Our Command Pursuant to which my Lord Faulkland's Instruction were in that particular verbatim the same being read Then he produced his Majestie 's Letter commanding the Proclamation Jan. 20. 1634. which was read and was in these words C. R. To the Lord Deputy of Ireland WHEREAS amongst other things in the Graces vouchsafed to Our Subjects 1628. We signified Our Pleasure That the Nobility His Majesties Letter to the Lord Deputy Jan. 20. 1634. Vndertakers and Others holding Estates in Ireland should be resident there and not to depart without Licence And being now given to understand That notwithstanding those Directions divers persons not of the meaner sort take liberty to pass into this Kingdom or Foreign Parts as if they understood not what they owed to Vs in their Duty or themselves in their evil Carriage which presumption we may not long suffer c. We do therefore hereby Will and Require you by Act of State or Proclamation to make known Our Pleasure That all Nobility Vndertakers and others that hold Estates and Offices
Subsidy of Tonnage and Poundage whereas no such were payable by Law did from time to time delay the respective Proprietors from having restitution of their said Goods being often in Court moved therein with intention thereby to force the Proprietors by wanting their Goods and the use thereof to pay all such Summs as the said Officers of the Customs pretended to be due to His Majesty That to the end aforesaid the said Sir Thomas Trevor and the said other Barons refused to accept of any Security to be given by the said Proprietors upon restitution had of their Goods for payment of all such Duties as should be made appear to be made payable to His Majesty in such manner as the said Barons should direct That the said Sir Thomas Trevor and other the Barons aforesaid knowing that the said Summs demanded on His Majesties behalf by the said Officers of the Customs not to be due by Law did refuse to order restitution of any part of those Goods so detained as aforesaid to the Proprietors thereof unless the said Proprietors would deposite all such Summs of Money as the said Officers respectively demanded of them for pretended Duties to His Majesty and the said Proprietors refusing to deposite the said Summs demanded the said Sir Thomas Trevor and other the Barons aforesaid did order the said Officers to detain double the value of the Summs by them demanded for pretended Duties to His Majesty and to restore the residue the said Sir Thomas Trevor and other the said Barons then knowing that the pretended Summs demanded by the said Officers were not by Law due or payable to His Majesty 2. That in or about January 4. Car. The said Officers having Seized several Merchandises of the Goods of Richard Chambers Merchant upon the pretences aforesaid did detain the same and the said Chambers Prosecuting by plaint to have his said Goods Replevied the said Sir Thomas Trevor together with the said other Barons did in like manner in the said Court of Exchequer declare the said Chambers his Goods not to be Replevisable and enjoyned the Sheriffs of London to proceed no further therein no cause to them appearing of such Seizure or Detainer And the said Sir Thomas Trevor and other the Barons of the said Court refused to order the delivery of the said Chambers his Goods upon good security offered by him to pay all such Summs as should be made appear to be due and for which the said Goods were pretended to be detained and the said Barons being often moved in Court therein did refuse to order restitution of any part of the said Chamber 's Goods until the 23. of November 5 Carol. and then ordered that the said Officers should detain in their hands double the value of the Summs by them demanded and restitution of the residue to be made to the said Chambers no cause of detaining any part of the said Goods to them in any wise appearing 3. That whereas in the Month of October in the fourth year of His said Majestie 's Reign the Farmers and Officers of the Custom-House having Seized great quantities of Currants being the Goods of Samuel Vassall Merchant and having conveyed them into certain Store-Houses at the Custom-House and detained them because the said Samuel Vassall refused to pay an Imposition of five Shillings six Pence upon every Hundred weight of the said Currants pretended to be due 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 Michaelmas Term in the said fourth year of His Majesties Reign His Majesties then Attorney General exhibited an Information by English Bill in the Exchequer-Chamber against the said Samuel Vassall setting forth that King James by his Letters Patents Dated the third of November in the second year of His Reign did command that the said Imposition of five Shillings six Pence upon every Hundred Weight of Currants should be demanded and received And that His Majesty that now is by His Letters Patents Dated the six and twentieth Day of July in the second year of His Reign did by Advice of his Privy Council declare His Will and Pleasure to be that Subsidies Customs and Imposts should be Levied in such manner as they were Levied in the time of King James and the same and the Farmers to continue until it might receive a setling by Parliament and commanded the Levying and receiving the same accordingly and that the said Samuel Vassall before the first Day of October then last past before the said Information Exhibited did bring into the Port of London in Ships four thousand six hundred thirty eight hundred weight of Currants and that Richard Carmarthen Surveyor in the said Port of London the said first day of October demanded of the said Samuel Vassall the said Imposition of five Shillings six Pence for every Hundred weight of the said Currants and that the said Samuel Vassall refused to pay the said Imposition and unjustly detained it from the King To which Information the said Samuel Vassal appeared and Pleaded the Statute of Magna Charta and the Statute De tallagio non concedendo and that he was a Subject Born under the King's Allegiance and a Merchant of London using that Trade and that the said Summ of five Shillings six Pence upon every Hundred weight of Currants was and is malum tolnetum and not antiqua seu recta consuetudo and that it was imposed without assent of Parliament To which Plea the said Attorney General demurred in Law and the said Samuel Vassall joyned in demurrer with him That he the said Sir Thomas Trevor being then and yet one of the Barons of His Majesties Court of Exchequer together with the rest of the then Barons of the said Court knowing the said Currants to be unlawfully Seized and detained for the pretended Duty of five Shillings six Pence Imposition upon every Hundred weight of the said Currants whereas no such Imposition was payable by Law did from time to time delay the said Samuel Vassall from having restitution of his said Goods being often in Court moved therein with intention thereby to enforce the said Samuel Vassall by wanting the said Goods and the use thereof to pay all such Summs as the said Officers of the Customs pretended to be due to His Majesty and Imprisoned the said Samuel Vassall because he refused to pay such Summs of Money as were demanded of him for the said unlawful Imposition and that in Trinity Term in the sixth year of His Majesties Reign the said case coming to be argued in open Court upon the demurrer the said Sir Thomas Trevor contrary to his Oath and contrary to the Laws of this Realm and to the great impoverishment of the said Samuel Vassall did together with the rest of the then Barons of the said Court of Exchequer give
his Opinion and Judgment upon the said Information for the King and against the said Samuel Vassall and by several Orders for that purpose did continue the possession of the said Goods in the King and the said Samuel Vassall could never obtain any restitution at all of the said Currants 4. Whereas it was commanded to the Sheriff of the County of York by Writ under the Seal of His Majesties Court of Exchequer Dated the sixteenth Day of May in the seventh year of His Majesties Reign that now is That he should distrain James Maleverer Esquire to appear before the Barons of His Majesties said Court of Exchequer in the Octaves of the Holy Trinity then next following to make fine to the King for his Trespass and Contempt in not coming to the presence of the King before the 31. Day of January in the first year of His said Majesties Reign to take upon him the Order of Knighthood according to the Form of a Proclamation in that behalf formerly made at which day of the said Octaves of the Holy Trinity the said James Maleverer did appear and Pleaded to the said Writ that although His said Majesty the said 31. Day of January and for three days next before the said 31. Day of January was resident and remaining at His Palace at White-Hall in the County of Middlesex and that the said James Maleverer the said 31. Day of January and three days next before the said one and thirtieth Day of January was resident and remaining at Ancliffe in the said County of York which is distant from the said Palace of White-Hall the space of one hundred and four-score Miles and that the said James Maleverer the said one and thirtieth Day of January aforesaid or at any time before had no Lands or Rents in his own hands or in the hands of Feoffees to his uses out of the said County of York and that that part of the said County of York which is nearest to the said Palace of White-Hall the space of one hundred and thirty Miles and that no Proclamation by vertue of any Writ or Proclamation for the appearance of any Persons whatsoever to take the said Order of Knighthood was made in any part of the said County of York before the thirtieth Day of January in the said first year of His Majesties Reign by reason whereof the said James Maleverer could not personally come to the presence of His said Majesty to take the said Order of Knighthood before the said one and thirtieth Day of January in the said first year of His said Majesties Reign yet the said James Maleverer for his Fine in the Premisses did humbly submit himself to the said Court and demanded to be discharged of the said Issues returned and imposed upon him by reason of the Premisses yet notwithstanding the said Plea and Submission of the said James Maleverer and after the same was made as aforesaid and entred upon Record in His Majesties said Court of Exchequer and the said Court moved for stay of the Process and discharge of the Issues the said Sir Thomas Trevor being then one of the Barons of the said Court of Exchequer contrary to his Oath and contrary to the Laws of this Realm and to the great Impoverishing the of said James Maleverer did together with the rest of the then Barons of the said Court refuse to Impose any Fine whatsoever upon the said James Malverer and told him that the said Court had no Power to Fine him and that the 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 Majestie 's 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 enforced to pay and in like manner the said Sir Thomas Trevor 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 5. That he the said Sir Thomas Trevor 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 Baron Davenport's Charge 6. That in or about the Month of February Anno Dom. 1636. the said Sir Thomas Trevor 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 suprà Subscribed ut priùs 7. That the said Sir Thomas Trevor 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 Esq 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 Proceedings and Judgment the Commons in this present Parliament have already delivered to your Lordships 8. That whereas in the Month of April 16 Caroli the Officers of the Custome-House having seised a Ship of one Samuel 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 Proprietor giving Security to pay such Duties as did belong to the King But upon the Allegation of the King's Attorney that there needed no Information because there was no Penalty the said Sir Thomas Trevor 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 Officers that seized his Ship and Goods whereupon the King's Attorney
and Commons Is not this an offence punishable out of Parliament Answer We conceive this also to be an Offence punishable out of Parliament Quere VII If Two or Three or more of the Parliament shall Conspire to defame the King's Government and to deter his Subjects from Obeying or Assisting the King Of what nature this Offence is Answer The Nature and Quality of this Offence will be greater or lesser as the Circumstances shall fall out upon the Truth of the Fact Quere VIII Can any Priviledge of the House Warrant a Tumultuous Proceeding Answer We humbly conceive That an earnest though a disorderly and confused proceeding in such a Multitude may be called Tumultuous and yet the Priviledge of the House may Warrant it We in all humbleness are willing to satisfie Your Majesties Command but until the Particulars of the Fact do appear we can give no directer Answers then before And particularly as to the Second Quere about the King's Power of Adjourning as well as Calling and Dissolving of Parliaments these following Parliamentary Precedents were given in Mercur. 4. Aprilis 1. Jac. Sess 1. Mr. Speaker pronounceth His Majesties Pleasure of Adjourning the House till 11th Parliamentary Presidents about Adjournments by the King of April and it was so done Jovis 18. Dec. 1606. The Lords by their Messengers signified the King's Pleasure that the Session should be Adjourned till the 10th of February following Upon this Message Mr. Speaker Adjourned the House according to His Majesties said Pleasure Martis 31. Martii 1607. The Speaker delivered the King's Pleasure that the House should be A journned till Munday 20. April following Mercurii 20. Maii 1607. Mr. Speaker signified the King's Pleasure about Nine a Clock to Adjourn the House till the 27th of the same Month. And 27th of May he being Challenged for Adjourning without the Privity of the House he excuseth it and saith as the House had power to Adjourn themselves so the King had a Superior Power and by His Command he did it Veneris 30 Martii 1610. His Majestie 's Pleasure to Adjourn from Tuesday till Munday Sevenight 11. July The King by Commission Adjourneth the Lords House Messengers sent to the Commons They send by Messengers of their own to the Lords that they use to Adjourn themselves The Commission is sent down Mr. Speaker Adjourneth the House till the first of August 26. Febr. 4. Car. Mr. Speaker signifieth His Majestie 's Pleasure that the House be presently Adjourned till Munday next and in the mean time all Committees and other proceedings to cease And thereupon Mr. Speaker in the Name of the House Adjourned the same accordingly And for a short Account of this Affair take this out of Crook's Reports Cro. 3. Part The King versus Sir John Elliot Denzill Hollis and Benjamin Valentine fol. 181. Hill Term. 5 Car. AN Information was exhibited against Sir John Elliot Sir John Elliot's Case c. about the business 3 Car. out of Crook's Reports Denzil Hollis and Benjamin Valentine by the Attorney General c. To which the Defendants appearing pleaded to the Jurisdiction of the Court That the Court ought not to have Conusance thereof because it is for Offences done in Parliament and ought to be there Examined and Punished and not elsewhere It was thereupon demurred and after Argument adjudged That they ought to Answer for the Charge is for Conspiracy Seditious Acts and Practices to stop the Adjournment of Parliament which may be examined out of Parliament being Seditious and Unlawful Acts and this Court may take Conusance and punish them Afterwards divers Rules being given to Plead and they refusing Judgment was given against them viz. Against Sir John Elliot that he should be committed to the Tower and should pay Two Thousand Pounds Fine and upon his Inlargement should find Sureties for his Good Behavior And against Hollis That he should pay a Thousand Marks and should be Imprisoned and find Sureties c. And against Valentine That he should pay Five Hundred Pound Fine be Imprisoned and find Sureties Note That afterward in the Parliament 17 Car. It was resolved by the House of Commons That they should have Recompence for their Damages Losses Imprisonments and Sufferings sustained for the Services of the Common-Wealth in Parliament of 3 Car. Note In the Session of Parliament Anno 19 20 Car. 2. a Motion was made by a Commoner to have this and some other like Resolutions expunged out of our Law-Books that Students might not be poysoned therewith and a Committee was accordingly appointed to inspect them And accordingly upon Report made by Mr. Vaughan from the Committee about freedom of Speech in Parliament it was Resolved among other Votes That the Judgment given 5 Car. against Sir John Elliot c. in the Kings-Bench is an Illegal Judgment and against the Freedom and Priviledg of Parliament The Concurrence of the Lords was desired and their Lordships Concurred with the Commoners Upon the Petition of Commissary Wilmot and Colonel Ashburnham Commissary Wilmot and Colonel â—shburnham Bailed it was Resolved c. That Commissary Wilmot and Colonel Ashburnham shall be bailed in the same manner that Captain Pollard was Resolved c. That a Warrant shall issue under Mr. Speaker's hand to the Lieutenant of the Tower to deliver them into the Serjeant's hand It was further Ordered That Colonel Goring Commissary Wilmot and Colonel Ashburnham shall not offer any violence one to another Colonel Goring being present in the House promised to observe the Injunction and Commissary Wilmot and Colonel Ashburnham were ordered to give satisfaction to the House under their hands that they will observe this Command of the House Upon his Petition it was likewise Ordered That Mr. Mr. William Davenant Bailed William Davenant should be bailed upon such Security as the House shall allow of Dudley Smith Esq and William Champneys Esq Sewers to the King were also admitted to Bail 2000 l. the Principals and 1000 l. the Sureties William Williams was this day called in to Answer the Breach of Priviledge committed in entring upon the Freehold of the Lord Bishop of Lincoln Breach of Priviledge and disquieting the possession of his Lordships Lands in Carnarvan-shire The said Williams consess'd he had entred upon the Lands of the Lord Bishop of Lincoln at May last was Twelve Months The House thought fit to Release him upon Bail Then Johannes Maynard Mil ' Balniae Single Bail taken in the Lords House Recogn ' se debere Domino Regi ducent ' libras levari ad usum Domini Regis ex Terris Tenementis Catallis The Condition of the abovesaid Recognizance is That if William Williams shall appear before the Lords in Parliament and abide the Order of Parliament then this Recognizance is void or else it is to remain in full Power and Force This day there was a Conference between the Lords and Commons concerning the Case of the Palatinate and the King 's Manifesto