the Report The Limitations were That all those who had suffered damage by the Customers either in Goods or otherwise might notwithstanding this Composition take their remedy at Law for Reparation And that the petty Customers should also come in upon Composition and then have the benefit of the Act of Oblivion An Order was also sent to the Master and Wardens of the Company of Vintners to command that notice be given to the whole Company that the Patent of Abel and Kilvert being Voted Illegal they should sell their Wines as formerly viz. French Wines at Six-pence per Quart and Spanish Wines at Twelve-pence the Quart This day a Commission was presented to the House of Lords Several private Bills passed by Commission directed to the Lord Privy Seal Lord Great Chamberlain and to Earl Marshal or any two of them to give the Royal Assent to three private Bills viz. One Entituled An Act to enable the Marquess of Winton to grant Estates for three Lives or 21 years c. of Lands in the County of Southampton c. reserving the old Rents Another Entituled An Act for Naturalization of Dorothy Spencer Daughter of Henry Lord Spencer Baron of Wormleighton And the third Entituled An Act for the enabling a Sale and Leasing of Lands for payment of the Debts of Thomas late Earl of Winchelsea The Lords Commissioners in their Robes sitting upon a Form set across the House between the State and the Keeper's Woolsack the House of Commons being sent for came with their Speaker then the Clerk of the Parliament presented upon his knee the Commission unto the Lords Commissioners and the Lord Privy Seal after he had acquainted the Peers and the House of Commons with his Majesties pleasure herein he delivered the Commission to the Clerk of the Parliament who carried it to his Table and read it which being done the Clerk of the Crown read the Titles of each Bill severally after which the Clerk of the Parliament pronounced the Royal Assent severally and then the Commons returned to their own House The Commons being returned Mr. Taylor a Barrister Thursday May 27. Mr. Taylor Burgess for Windsor expelled the House and Burgess for the Burrough of Old Windsor was expelled the House and Voted uncapable of ever being a Member of Parliament to be committed Prisoner to the Tower during the pleasure of the House to be carried down to Windsor there to make publick Recantation of what he had spoken and from thence to be returned back to the House of Commons to receive further Sentence And it was Ordered That a Writ should be presently issued out for a new Election in his Room The words for which he was Expelled and thus severely treated were attested by John Hall Mayor of Windsor Mr. Broughton and Mr. Waller That Mr. Taylor should in discourse about the death of the Earl of Strafford say That the House of Commons had not his Vote to the Bill of Attainder against Thomas Earl of Strafford for that to do it before the Lords had finished the Trial upon the Articles of Impeachment Exhibited by the Commons against him was to commit murther with the Sword of Justice An Act for the utter abolishing and taking away of Arch-Bishops Bill for Root and Branch read twice Bishops their Chancellours and Commissaries Deans Deans and Chapters Arch-Deacons Prebendaries Chanters and Canons and other Under-Officers out of the Church of England was read the first time and upon the debate of the House for a second reading the House was divided Yeas 139 Noes 108 so the Bill was read the second time and committed to a Committee of the whole House A Bill was also read the first time for granting to his Majesty the Duty of Tonnage and Poundage Bill for Tonnage Poundage read twice Holmer the Printer bailed and a second time in the Afternoon This day Holmer the Printer who was committed to the Gate-house for printing an Elegy upon the Earl of Strafford which then were called scandalous Verses was admitted to Bail An Estimate of the Debt of the Kingdom was this day brought into the House by the state of which Account it appeared Friday May 28. The state of the publick Debts Bill for raising mony and disbanding the Armies read a second time Bills against H. Commission Court and Pluralities engrossed Saturday May 29. That there was a Debt of seven hundred seventy three thousand nine hundred pounds due to the two Armies the City and several private persons who had lent mony upon Parliamentary Credit which brought on the Consideration of the Bill for Raising Mony and Disbanding the Armies which was read a second time Mr. Rigby Reports the Bills for taking away the High Commission Court and against Pluralities with the Amendments which were both Ordered to be engrossed Little of moment passed this day in the Commons House most of it being spent in debates about Raising Mony to defray the great Debt into which the Kingdom was plunged by the coming in of the Scottish Army to be assistant in the Glorious Reformation of Religion and Establishment of the Subjects Liberty for which guilded Words the Nation was to part with their real Treasure And it was but an untoward Omen how expensive these great Patriots were like to prove for the future who began so early to shew the People that little less than a Million of Mony must be laid down as the Earnest for this imaginary purchase It was this day Ordered Several Lords examined about the Conspiracy of the Army That the Earls of Newcastle and Carnarvan and the Lord Bishop of Chichester shall be attended with this Order and that their Lordships be desired to repair unto the Lords Committees appointed by this House to take the Examinations concerning certain late practises concerning the Army in the North at Two of the Clock this Afternoon at the Lord Keeper's Lodgings near the Parliament House to be examined by them A Case having been depending between Thomas Nash Nash and Kynnaston's Case determined in a Writ of Error and Charles Kynnaston about Errors in a Writ of Error and Council having been fully heard at the Bar of the Lords House on both sides their Lordships Voted the said Errors alledged by the Plaintiff Nash to be frivolous and thereupon awarded the following Order upon it In Suprema Curia Domini Regis Parliament ' Inter Thomam Nash Quer ' Carolum Kynnaston Defendentem in placito transgr ' ejectionis Firmae Super quo visis premissis per Cur ' Parliament ' Domini Regis nunc hic diligent ' Examinat ' plenius intellectis tum Record ' Process ' predict ac Judic ' predict ' super eisdem Reddit ' quam predict ' Causa pro Errore prodict ' predict ' Thom ' in Forma predict ' assignat ' allegat ' videtur predicta suprema Curia Parliament ' hic quoad Record predict in nullo vitiosum aut defectivum
said Propositions and Designs which said Propositions Designs and Consultations the said Henry Wilmot c. did not discover but consented to the same Resolved c. That the said Henry Wilmot William Ashburnham Hugh Pollard Sir John Berkley and Daniel Oneal being afterwards Lawfully Examined in Parliament upon their Oaths touching the Premisses did wholly deny the same and the said Sir John Berkley and Daniel Oneal being thereupon questioned did fly for the same The further Debate of this matter was put off until Wednesday at 8 of the Clock Munday July 26. Bill for Northern Counties passed the Lords Lord Majors Case about Electing one Sheriff c. heard The Earl of Bath Reported the Bill for securing of Mony to the Northern Counties c. And being put to the Question it was Resolved to pass The Petition of the Lord Mayor and Aldermen of London and the Petition of the Commonalty of the said City were read and after Councel on both sides had had a full hearing concerning the Election of a Sheriff and other Officers the House of Lords taking the whole business into consideration Ordered That this Cause should be determined on Saturday morning next in case the Lord Mayor and the Commonalty did not agree and compose the matter in Question in the mean time This was a very perplexing Case at this time for the Parliament were about to borrow 40000 l. of the City to disband the Armies and if the Cause had been determined either way in probability it would have given a stop to that Affair but more especially if it had been decided in favour of the Lord Mayor and Court of Aldermen who could not easily have raised that Sum without the Assistance of the most wealthy of the Commonalty The Lord Chamberlain signified to the House Letters about the Army That he had received divers Letters from the Lord General which he thought fit to acquaint the House with As a Letter desiring to know a certain day for disbanding of both Armies Likewise a Letter sent to the Lord General from the Gentlemen in the Bishoprick of Durham complaining of the burthen of the Soldiers there And also a List of the Number of the Five Regiments which are disbanded being 5817 Men All which being read the Lord Chamberlain had leave from this House to Communicate them to the House of Commons Tuesday July 27. Petition out of Oxfordshire against Bishops A Petition of the Ministers and People of Oxfordshire and Barkshire against Bishops was this day read in the Commons House and referred to the Committee for the Ministers Remonstrance A Message from the House of Commons by Sir John Culpeper 7 Bills brought up by Sir John Culpeper who brought up Seven Bills which had passed that House Viz. 1. An Act for the declaring unlawful and void the late proceedings touching Ship-mony and for vacating of all Records and Process concerning the same 2. An Act for the preventing of vexatious proceedings touching the Order of Knighthood 3. An Act for the free bringing in of Gun-Powder and Salt-Petre from forreign Parts and for the free making of Gun-Powder in this Realm 4. An Act to settle the Mannor of Belgraves and other Lands in the County of Leicester to and upon William Byerley Esq his Heirs and Assigns for and towards the payment of the Debts of William Davenport Esq Deceased 5. An Act to enable Sir Alexander Denton Knight to sell the Mannor of Barvard alias Barford St. Michael and other Lands in this present Act mentioned for the payment of his Debts and preferment of his younger Children 6. An Act for Alteration of the Estate and Tenure of some Lands within the Parish of Fulham in the County of Middlesex held of the Lord Bishop of London as of the Mannor of Fulham 7. An Act for the making of the Chappel of Hoole in the County of Lancaster a Parish Church and no part of the Parish of Crosston  l. s. d. Sir John Hotham Reports Report of the Charge of the Armies That to disband the Army requires 242619 11 03 Toward which there is paid 152119 11 03 Remains to be provided 90500 00 00 The Charge of the Garrisons 40000 00 00 Total 130500 00 00 When the Earl of Warwick hath Received and Paid the 50000 00 00 There will Remain due to the Scots 53000 00 00 Besides the Remainder of the Brotherly assistance 80000 00 00 Total due to the Scots 133000 00 00 The Engrossed Bill for Confirmation of His Majesties Letters Patents to the Town of Plymouth Plymonth Bill passed and for dividing the Parish and building a new Church there was read the Third time in the Lords House and being put to the Question it was Resolved to pass as a Law Then the Speaker signified Message from the King to the Lords about Commissions in his absence That His Majesty Commanded him to acquaint their Lordships that because he intends his Journey tawards Scotland upon Monday come Sevennight and in regard that in his absence heretofore he hath left behind him Two Commissions the one directed unto the Lords of the Privy Council for ordering of the Affairs of State and the issuing out of Proclamations upon Emergent Occasions and the other Authorising a Person of Honour to be Captain General for the levying of Forces on this side Trent if there should be any necessity for the safety of the Kingdom His Majesty now thinks it fit to issue out the like Commissions for the said Publick Services in his absence with some Variations and Omissions according to the Occasions and hath named the Lord Chamberlain to be Captain General on this side Trent but His Majesty would execute nothing therein until he had made the same known to both Houses of Parliament desiring their Concurrence and Assistance in all his great Affairs Further it was signified from His Majesty That the Spanish Ambassador did send a Writing unto His Majesty wherein he presseth His Majesty for some of the Irish Companies lately disbanded to be employed in the Service of the King of Spain and that His Majesty hath Commanded that the said Writing shall be Communicated to both Houses of Parliament and he desires their Advice therein Upon which a Conference was desired by the Lords at which the Lords declared their Resolution That they would do nothing in it till Three Points were cleared First That the Ambassadour should set down the particular number of Men he desires Secondly The time When. Thirdly The manner How and the Place from Whence he intends to Transport the Soldiers Mr. Hambden made a Report from the Earl of Pembroke Mr. Hambden Reports the Letter from the Queen of Bohemia That he had received Letters from the Queen of Bohemia wherein she gave humble thanks to the Parliament for their Regard and Consideration of her There was also another Letter read from the Earl of Holland to desire That both Armies might be disbanded together for
delight in the present and succeeding Ages to dwell in this Land the freedom of Commerce and Trade may pass on more chearfully for the incouragement of your Petitioners and that the flourishing and peaceable Reign of your Majesty may be long continued and increased among us For all which your Petitioners shall ever Earnestly Pray c. James Freshwater John Page Henry Crewkern John Caudry Thomas Clement Will. Bently with a number of Markes and Names Mr. Quelch a Minister of St. Bennet Grace-Church sent for as a Delinquent A Petition of the Inhabitants of St. Bennets Grace-Church against Mr. Quelch their Minister was read whereupon it was Resolved c. That Mr. William Quelch be forthwith sent for as a Delinquent by the Serjeant at Arms attending the House And the Petition was referred to the Committee for Scandalous Ministers The City Petition of which before was also read ut supra in the Proceedings in the Lords House Friday Decemb. 24. This Day a Petition from some Citizens of London was presented to the House of Lords which was read in their presence viz. To the Right Honourable the Lords Assembled in this present Parliament The Humble Petition of divers Citizens Merchants and others of London Trading in the Realm of Ireland Sheweth unto your Lordships THat your Petitioners on the behalf of themselves The Petition of several Merchants to the Lords concerning Ireland and other Merchants Shop-Keepers and others Trading into the Realm of Ireland whose Estates to the value of above a Million of Money lie involved in the desperate Condition of that Kingdom as also on the behalf of the whole Protestant Party of that People reduced to unspeakable Extremity in their Lives and Fortunes as by our daily Letters from thence we are informed to our great Grief We most humbly beseech your Lordships That you will be pleased to consider the Sad Condition of them and us in our respective Interests and lay aside all things that may trouble the Way to the Relief of that Wretched State which without Speedy and Effectual Assistance will not be able to serve his Majesty in the resistance of the Rebels there nor shall we be able in our several Degrees and Conditions to do his Majesty your Lordships and the whole Realm that Service in our ready Compliance with the Great Affairs of this Kingdom as we should and would most willingly perform to the uttermost of our Abilities This My Lords we most humbly offer to your Lordships as a Consideration whereupon that Kingdom depends besides many Thousands depending upon us the Petitioners in our Trades that are here Equally concerned with them of Ireland in our Livelihoods And do beseech your Lordships in the End after the Long Suffering of that Vnfortunate Nation our long Expectation and the Wonder of all Neighbouring States occasioned by a Long and as we humbly conceive an Vnseasonable delay whilest the Life Liberties and Interests of the Protestants of that Kingdom are daily invaded and destroyed you will now give an instant dispatch for the Relief of that Miserable Realm and People And your Petitioners shall ever pray c. Signed Gilbert Harrison William Green Richard Whitaker John Stone Tho. Stone Edw. Claxton cum multis aliis The House taking the Petition into Consideration the Petitioners were called in and the Lord Keeper by direction of the House told them That their Lordships were taking into their Consideration and Care the Necessity and Affairs of Ireland and will use all Expedition therein and will take their Petition into Consideration Then a Message was brought up from the Commons by the Lord Gray of Ruthen To desire their Lordships to joyn with them to Petition the King for a Monthly Fast throughout the Kingdom during the Troubles of Ireland and for a Proclamation to that Effect 2. To Expedite the Answer to the Conference last Night concerning the Business of the Tower which is a Matter of great Importance The Answer was That this House joyns with the House of Commons in the first of this Message but concerning the matter of the late Conference concerning the Lieutenant of the Tower this House hath not thought fit to joyn with the House of Commons therein A Message was brought from the House of Commons by the Lord Herbert who brought up 3. Bills which had passed the Commons 3 Bills passed the House of Commons brought up to the Lords Intituled 1. An Act to restrain Barge-men 1. For the Lords day Lighter-men and others from labouring and working on the Lords Day commonly called Sunday 2. An Act for the better raising and levying of Marriners Sailors 2. For pressing Marriners c. and others for the present Guarding of the Seas and necessary Defence of the Realm and other his Majesties Dominions 3. An Act for the settling by Fitzwilliams Conningsby Esq 3. Fitzwilliams Coningsby's Bill a Rent-Charge of 200 l. per annum upon an Hospital in the Suburbs of the City of Hereford called Conningsbie's Company of Old Servitors c. and for the Settlement of Lands and Tenements for the payment of his Debts and raising of Portions for his Younger Children and for a new Joynture for his Wife and a New Settlement of his Estate The Lords then fell upon the Consideration of the 6. Resolution of the Lords upon the 6 Propositions of the Scots Commissioners Propositions of the Scots Commissioners To the First Resolved c. That 10000 Scots shall be sent into Ireland upon such Conditions as shall be agreed upon by the Parliament To the Second This House agrees with the House of Commons therein To the Third The House agrees unto it thus That there shall be delivered unto the Scots 5000 Arms within a short time after their carrying their Arms out of Scotland and 5000 Arms more within 5 or 6 Months consisting of Pikes Muskets and Swords which is conceived are the Arms they will convey out of Scotland into Ireland To the Fourth Agreed That some Ships of War shall be sent to secure the Transporting of the Scots into Ireland but because it will be some time before our Ships can come thither the Commissioners are to Treat with the Scots Commissioners either to Transport their Men without Ships of War or else to imploy some of their own Ships until ours can come and they shall be paid for the same To the Fifth This House agrees with the House of Commons and refers it to the English Commissioners to Treat about a smaller Number of Horse To the Sixth This House agrees with the House of Commons therein A Conference was had with the Commons L. Keeper reports Conference about the Tower and Lunsford which was thus Reported by the Lord Keeper That the House of Commons greatly desired That both Houses might have joyned together in an humble Petition to his Majesty for removing of Col. Lunsford from being Lieutenant of the Tower of London The House of Commons say
Act declaring Vnlawful and Void the late Proceedings touching Ship-Money and for Vacating of all Records and Process concerning the same 4. An Act for the Certainty of Forrests and of the Meers Meets Limits and Bounds of the Forrests The Private Acts were these 1. Private Bills passed An Act for the Settling of Certain Mannors Lands Tenements c. on Katharine Countess Dowager of Bedford William now Earl of Bedford John Russell and Edward Russell Esquires Sons of Francis Earl of Bedford deceased 2. An Act to Enable Sir Alexander Denton to sell Lands to pay Debts and provide for his Younger Children 3. An Act to Settle the Mannor of Belgrave c. upon William Byarley Esquire c. to pay the Debts of William Davenport Esquire deceased 4. An Act for John Eggar 's Free School in Alton in Com. Southampton 5. An Act for the Alteration of the Tenure of certain Lands in Fulham Middlesex held of the Lord Bishop of London as of the Mannor of Fulham 6. An Act for making the Chappel of Hool in Com. Lancaster a Parish Church 7. An Act for Confirmation of his Majesties Letters Patents to the Town of Plymouth and for dividing the Parish and Building of a New Church To which the Clerk of the Parliament pronounced the Royal Assent in these words Soit fait comme il est desire After which his Majesty made a short Speech touching the Necessity of his going to Scotland adding That he had given Order to the Lord Keeper for the further declaring of his Mind therein Upon which the Lord Keeper spake Expressing his Majesties great forwardness hitherto in so readily and graciously complying with his Parliament in gratifying them in all their Requests more than any of the Kings his Royal Predecessors had ever done before him instancing in the several Bills for taking away the Star-Chamber Regulating the Council Board taking away the High Commission Court Ship-Money and the passing the Bill for the Judges to continue quam diu se bene gesserint and several other things After which his Majesty spoke some few words acquainting them That he had received an Account by a Nobleman lately come from Scotland of the absolute Necessity of his Journey and that it was impossible for him without great Inconvenience to his Affairs in that Kingdom to defer his Journey and so he took his Leave of their Lordships and bade the Parliament Farewell and so departed But the House of Commons returning to their House fell immediately upon the Debate of it and sent a Message by Mr. Hollis to the Lords Earnestly desiring the Lords to joyn with them to Petition his Majesty either to Substitute a Locum Tenens during his Absence or to stay 14 dayes Longer in regard it so nearly concerned the Quiet and Peace of the Kingdom The Lords sent them in Answer That they would move his Majesty to defer his Journey for two dayes longer but this gave the Commons little Satisfaction In this Debate both Houses sate till Ten of the Clock at Night but could not come to any Resolution but in the Commons House it was moved That in respect the Necessity was so great and his Majesty so firm in his Resolution to set forwards on Monday that both Houses might meet and Sit upon Sunday and a Message being sent up to the Lords to desire their Concurrence it was accordingly agreed There being many of the Members of the Commons House absent Order for the absent Members to repair to the House It was this day also Ordered by the Commons That all the Members of the House in regard of the Great and Weighty Affairs that import the Safety of the Kingdom do repair hither to attend the Service of the Common-wealth with all possible speed upon pain of incurring the Displeasure of this House for their neglect And it is further Ordered That the Knights of the several Counties and the Burgesses and Barons of the several Burroughs and Cinque-Ports that are now in Town shall send Copies of this Order to the Sheriffs of the several Counties to the End it may be published with all Care and Speed By Six of the Clock in the Morning there was a Sermon at St. Sunday August 8. Margarets Westminster before the Commons after which both the Houses Sate and the time was wholly spent in the morning in Debates Messages and Conferences between the Two Houses about Petitioning the King to stay yet 14 dayes longer the Lords inclining not to press his Majesty further in it and the Commons insisting upon their former Votes to that purpose The Earl of Bath reported the Conference with the House of Commons as follows Aug. 8. 1641. The Report of the Conserence about staying the Kings Journey 14 dayes THat the House of Commons gave their Lordships thanks for joining with them humbly to Petition His Majesty for deferring his Journey into Scotland for 14 days And to the end that it may be no prejudice to the Parliament of Scotland the House of Commons desires that some of the Lords Commissioners may acquaint the Scots Commissioners with these particulars following and desire their Answers 1. Propositions to the Scots Commissioners about the Kings stay 14 dayes That the Houses of Parliament have commanded them to express to the Scots Commissioners the great care that they have to keep a good Correspondency betwixt the Two Nations of England and Scotland and to take away the Objections which may be made in respect of the Publick engagements to submit to His Majesties pleasure in his present intended Journey 2. That they take notice of the often Meetings and Adjournments of the Parliament of Scotland and lest it might be a great inconvenience the States being now met there if they should stay long there together without doing any thing both the Houses of Parliament have Resolved that for the better satisfaction of the Parliament of Scotland they will humbly Petition His Majesty to send a Commissioner to Edinburgh that if there be pressing Occasions to dispatch any of their Publick Affairs there may be Authority for the same and if they think good to stay His Majesty's coming to them in Person the Houses of Parliament do hope that it will be within 14 days of that time wherein His Majesty was expected there and they shall take their consent thereunto as a great Argument of their Affection to this Kingdom 3. That the Houses likewise do intend to send Commissioners from hence to the Scottish Parliament to declare to them the great Reasons which moves them to Petition His Majesty's stay for 14 days which are such as do very much import the Peace and Safety of both Kingdoms as also their care to move His Most Excellent Majesty to send His Commissioner that the Parliament of Scotland may not be disappointed in respect of the dispatch of their own great Affairs in that Kingdom in the mean time 4. And lastly That the Houses do desire the
Vote for them Secondly Temporal Barons have not always been tried by their Peers for 28. H. 6. William de la Poole Duke of Suffolk waved being tried by his Peers and submitted to the Kings mercy upon which the Lords Temporal and Spiritual entred a Protestation that this should not be or turn to the prejudice of them their Heirs nor Successors in time coming but that they might enjoy their freedom in case of their Peerages as largely as their Ancestors and Predecessors had done Thomas Lord Berkley being Arraigned for the Deâ—th of King E. Rot. Par. 4. E. 3. 2 before the Parliament put himself upon his Countrey and the Jury brought him in not Guilty Thus far the Learned Author from whom for the Readers ease and satisfaction in this important particular I have made these short Collections and refer the more Curious to the Book it self I should have given the Reader an account before of the great Complaints of the City against Protections Thursday October 28. but here I present him with the Report which Mr. Reynolds made in the House of Commons upon that Subject which was That the City of London did heretofore present a Petition in the Name of the whole City Report in the House of Commons concerning the Complaint of the City about Protections c. complaining of Protections and Priviledges claimed by Members of both Houses and by the Kings and Queens Servants and having no Redress by their Petition they called a Common Councel and upon a long Debate among themselves they did agree unanimously * This deserves to be taken Notice of for by this it is Easy to conjecture the Grievances of the Nation were aggravated far more then in truth they deserved That this Grievance was greater and more prejudicial to the City and the whole Kingdom than that of Salt Soap Leather and Ship-Money Thereupon they did agree to Address themselves by way of a second Petition to this House and that Petition was referred to a Committee to Regulate Protections this was done 6 July last and during the Sitting of that Committee they attended there two or three times and presented a Book in Folio of the Members of this House that have granted Protections as also the Names of those of the Kings Queens and Princes Servants that were Protected Upon all which they grounded their Complaint which Complaint was there presented in Writing And it was the Opinion of the Committee That it should be read in the House at this time of the Report being Reasons tendred by the Committee appointed by the Common-Councel of the City of London against Protections Priviledges and priviledged Places c. Upon the Reasons mentioned in the Paper and upon other Considerations and after a long Debate and being a tender point to trench upon the Priviledges of Parliament they proceeded unto these two Votes which they commanded me to Report 1. That all the Members of this House should be pleased during the pleasure of this House to wave all Protections for their Menial Servants or others 2. That during the Pleasure of this House all the Lands Estates and Goods of every Member of this House should be Lyable to the Payment of just Debts But for all the Complaints of the City and the greatness of the Grievance which Exceeded all the Monopolies of Salt Soap Leather and Ship-Money put together this was a point so necessarily tender that they made very slow steps toward the Redressing of it or joyning with Mr. Reynolds and his Committee in their Votes And nothing further was at present done in it more than barely to give the Complaint a hearing Had the King Queen and Prince only been concerned in Protections it had immediately been Voted Illegal Unjust against the Liberty of the Subject c. but it too nearly concerned some of them to comply with the Votes of the Committee for if they had particularly I instance in the late infamous Usurper Oliver Cromwell instead of Sitting in the Commons House they were in danger to take up their Lodgings in a Common Prison For had hâ— and many others in the House made all their Lands Estates and Goods lyable to the payment of their just debts they would have been quickly found Bankrupts in Estate then as much as they were afterwards in Honesty and Reputation and unless the Charity of the Faction who obtruded them upon the People for Representatives had maintained them out of the Common Stock they must have wanted Bread as well as they who set them up would have wanted Instruments to carry on their Blessed Work of Reformation which in reality was by many of these hungry and broken Fortunes only to Establish their own out of the Ruins of the Church And therefore to cut off all further Trouble on that side Order to Enter only upon Publick business by letting this Affair and Complaint of the City sleep sine die It was the 28 of October Ordered That in regard of the Weighty and Important Matters in agitation in the House this House will not enter upon any private Matters but into Publick Business only till further Order and this Order to be Printed and Published that so all persons may take Notice of it and regulate themselves accordingly And the truth is they were now deep upon Consultation of the Fatal Point which Ushered in the Rebellion and not only this but many others in former Ages Committee to prepare Heads for a Petition to the King against Evil Councellors c. for a Committee was appointed to prepare Heads out of the whole Debate that has been this day for a Petition to be preferred to his Majesty To prevent the Mischiefs that may happen to the Common-Wealth by the Choice and Imployment of Evil Councellors Ambassadors Judges Officers and other Ministers of State and they are to meet this Afternoon at 4. of the Clock in the Exchequer Chamber and have Power to send for Parties Witnesses Papers and Records and any thing else that may conduce to the Service This day the Certificate of the Two Chief Justices in the Case of Cook and Blackston Friday October 29. referred to them by Order of the House of Lords was Read viz. May it please your Lordships ACcording to your Lordships Order of the 9th of September last touching the business between John Cook Clerk Plaintiff A Case about Superinduction to a Rectory before the Lords and Benjamin Blackston Defendant We have heard the Parties and their Councel on both sides And we find that the said John Cook was Presented Instituted and Inducted into the Rectory of West Thorney in Sussex after the Death of Godfrey Blackston former Incumbent there who died in the Month of January 1637. And that Mr. Blackston procured a Super-institution to this Church and by colour thereof hath gotten the Possession from Mr. Cook We are of Opinion That the Super-institution of Mr. Blackston is void and that Mr. Cook ought
Compositions he hath paid near 100000 l. into the Exchequer and they had no other Priviledges than what was exercised in the Commission and in former like Commissions and as are in the present Commission to the Lord Treasurer and others To the Nineteenth he saith The last Summer was twelve months when the English and Scotch lay in the Fields near Berwick the Earl and Council of Ireland having a general motion thereof were in fear that the Scots in Vlster being almost 100000 in number might be drawn to side with the Covenanters and advising how to secure that Kingdom the Principal of the Nation of Scotland living in Ireland came to Dublin and Petitioned That he might have an Oath whereby they might give Testimony of future Obedience to His Majesty whereupon an Oath was by the Advice of Council of State framed and chearfully taken by those Scotch Gentlemen and generally by all the Nation in Ireland as the Earl conceives to their advantage and the satisfaction of others he believes that some were Sentenced for refusing it but none were otherwise exiled The Earl in his Vote said That he would endeavour that all of that Nation should take that Oath or leave the Kingdom all which was done by His Majesties Direction and Approbation and it was not contrived to the intents in the Article Charged but to prevent their adhering to the Covenanters then in open Arms and not concerning the Ceremony or Government of the Church To the Twentieth he saith That in the Year 1638. the Earl was in Ireland when Preparations were made for War and Summons sent to the Nobility of this Kingdom In the Year 1639. a General was appointed and an Army drawn to the Field and Encamped near Berwick whereby it appears he was not acquainted that the Article of Pacification had been broken on both Sides and so distempered that it was held fit an Army in England should be raised to suppress the Covenanters if the business could not with Honour and Safety be otherwise composed The said Earl humbly advised His Majesty to call a Parliament and used many Motives thereunto after the Parliament was called and before the Sitting thereof ten of the Lords and other of the Council for Forreign Affairs being assembled His Majesty then present an Honourable Person related the Covenanters Demands it was then Voted by all That they were such as might not in Honour and Safety be condescended unto by His Majesty and if they could not be otherwise reduced His Majesty must be constrained to bring them to it by force the like Resolution was after at the Council-Table by twenty of the Council Whereupon His Majesty appointed a Council of War and it was held necessary to borrow 200000 l. upon good Security till the Supplies by the Parliament might come in He never said the Scotch Nation were Rebels but was ever perswaded that many of them are most Loyal Subjects Those that raised Arms when they were at such distance from His Majesty he might say they were no less than Rebels and Traytors by Warrant from the Lord Admiral he caused divers Ships and Goods to be seized but not with an intent to set on the War but as much as in him lay to bring all to fair Accommodation without expence of blood To the 21th he saith The pacification was broken before he came over as in the Answer to the former Article he moved His Majesty for a Parliament in England but not with such intent as in the Article but out of a desire to have settled a right Understanding between the King and His people It may be he said though he remembreth it not that if the Parliament would not Supply His Majesty he would serve His Majesty in any other lawful way being well assured that His Majesty would not imploy him nor any man else in any other kind To the 22th he saith According to His Majesties Instructions he did set forth to the Parliament of Ireland the State of the Affairs as they then stood and they freely gave four Subsidies as an acknowledgment of His Goodness and happy Government as by the Act and Remonstrance appears in Print He by His Majesties Direction then gave Order for the raising of 8000 Men who still remain in the King's pay and were sent into Vlster to secure those Parts or to land in Scotland to divert the Earl of Argile in case he joyned with the Covenanters Army against the King but it was mentioned in the King's Letter 2 Martii 1639. he had purposely given out That they should join with the King's Army at Berwick to colour other Designs but the true cause of their Levying was made known to be as aforesaid unto the Earl of Ormond Sir John Burlace and the Marquiss of Hamilton and Earl of Northumberland at the time of the writing the Letter and he denies the words charged in the Articles or any other words to such intent and purpose To the 23th he saith The matters of the Parliament were no otherwise referred to him than to the rest of the Council that coming sick from Ireland about ten days after the Parliament were set and after the Treaty with the Earl of Dunfermline Lord Lowdon Scotch Commissioners was broken off and the Army preparing and the Parliament not supplying Monies as His Majesty desired His Majesty advised what might move them to prefer His Supply in debate whereof he humbly advised His Majesty by a Message to the House to lay down Ship-Money and promise never to demand it and give way to reverse the Judgment by a Writ of Error in Parliament and to promise a Redress of Grievances when they should be prepared And secondly That they would presently agree upon such Supply as should maintain His Army for reducing the Scots to their Obedience wherein their Safety and His Honour was concerned His Majesty assented conditionally that he might have 12 Subsidies the Earl besought Him that it might not pass as a Condition but to Relinquish Ship-Money and put himself upon their Affections and drew up the Message in Writing and delivered it to Mr. Secretary Vane to deliver to the House of Commons He desired to know if His Majesty would not take less than 12 His Majesty Answered He feared less would not serve His Occasions The Earl of Strafford besought His Majesty to accept of Eight so His Majesty assented and desired Mr. Secretary to signifie so much as occasion should be offered but whether he did so or not the said Earl knoweth not The House of Commons being in debate two days and not Resolving His Majesty about the 5th of May last called a Council at Seven of the Clock in the Morning the said Earl being sick came late and was told as he remembreth by the Earl of Bark-shire the King had declared His Resolution to Dissolve the Parliament the Earl of Strafford besought His Majesty to hear the Advice of His Council and first of those that were Members of the
he goes into Ireland you will find his Temper and Spirit not a whit Allayed but now being further from His Majestie 's Person he is higher in his Power and in his Will It is true that Kingdom was annexed to this many years ago but they that now possess the greatest part of it are Subjects of this Kingdom descended from them that went from hence thither Yet he tells them in a solemn Speech not suddenly but solemnly That Ireland is a Conquered Nation and the King might do with them what he would and that their Charters were nothing worth and bind the King no longer than he pleases Surely My Lords We might see what he would do if he had Power But God be blessed we find not the disposition any where resented by His Majesty and we hope that such Councels shall never have Access to so good and gracious an Ear. 4. The next thing he stays not in words but will be as good as his word if he can and he begins high For that we presents next is a Peer of the Kingdom thrust out of his Possession by my Lord of Strafford 's Order and when he Sues at Law for recovery of his Right my Lord Threatens him Truly Threatnings are not good in such a case where a man Sues for Justice And from him that ought to Administer Justice and further him in it yet he Threatens him Imprisonment to which Peers are not ordinarily liable First my Lord tells him He will not have Law nor Lawyers question his Orders he might debar the Lawyers in some Cases but why a man should have a Spleen at the Law that his Orders should not be examined by that I know not And he goes higher for when there was an occasion to speak of an Act of State he tells him That he will make him and all Ireland know that as long as he had the Government there any Act of State made or to be made should be as binding as an Act of Parliament My Lords He cannot go higher in Speeches than this That an Act of State of his own making and his own Power should be as binding as an Act of Parliament Nay he tells them in Parliament That they were a Conquered Nation and must expect Laws as from a Conquerour 5. Next we shall shew divers Instances wherein he exercises Power over the Lives Lands and all that is the Subjects deduced into several Articles viz. the 5th the 6th the 7th and the 8th In particular one I shall be bold to open That is the Case of my Lord Mountnorris another Peer of that Kingdom and a great Officer there Some words fell from that Lord speaking of one that had trodden on my Lord of Strafford 's Toe That he hoped the Party did it not in Revenge for he had a Brother that would not have sought such a Revenge For these words spoke at a private Table half a year yea seven months before my Lord of Strafford calls a Council of War and judges his Lordship to death My Lords It is no wonder that he would make the King 's little Finger so heavy that could make his own Toe heavy enough to tread the Life of a Peer under his Feet And he did not only give Sentence in that Case but caused Execution to be done in another Case upon one D. who was condemned by Martial Law and hanged at Dublin where there was no War at all Other particulars will follow when I fall upon proof 9. Then he comes to make Laws and that is in the 9th Article By the Laws of England and Ireland too the Ecclesiastical Power is distinct from the other it not extending to the Imprisonment of the Person but is to attend the King's Courts and to receive directions from thence yet he makes a Warrant to the Bishop of Downe and he made it to others too That if any of the poorer sort did not appear upon the Bishop's Citation or not obey when they did appear they should be Attached and Imprisoned Here he makes a Law of himself and subjects the Liberties of the Subjects to his own Pleasure but this was for the poorer sort of People though Justice sees no difference in matters of Estate betwixt Poor or Rich But when he hath brought it on the Poor he will afterwards bring it on the Rich. 10. The next is a Power of laying Impositions on the Subjects First he is a Farmer of the Customs he puts excessive Rates upon the Commodities that which is worth but 5 s. as the Hydes he will have valued at 20 s. and the Wool which is worth 5 s. he will have it valued at 13 s. 4 d. and by this he takes away in effect whatsoever the Commodity is worth for the Customs come very near the Value Another particular in this I shall be bold to open and I hope his Lordship will provide to give an Answer He hath advanced by this the King's Customs and a Rent of 1350 l. is encreased to the Crown But it will appear to your Lordships that the Crown hath lost and he only hath gained And whereas my Lord of Strafford says there was no other Defalcations in his Patent than in the former that will fall out to be otherwise for this is the State of the bargain There was a former Rent of 9700 l. which the Duke of Buckingham paid out of this Farm On the Earl of Strafford 's Patent that Rent is reserved and as much as came to 1350 l. more but in lieu of 1350 l. advanced to the King my Lord of Strafford hath in his Grant the Surplusage of Wines which were not in the Duke's Patent worth 3400 l. a year besides a Rent paid for the Term of the Wine of 1400 l. And whereas there was no defalcation of the Customs of London-Derry and Colerane in the Duke's Lease which amounted to 1500 l. a year my Lord of Strafford must have a defalcation for them And then the Seizures which were 500 l. a year and for Knockvergus and Straniford 2500 l. a year so here is above 5000 l. a year less to the Crown in lieu of the advance of 1350 l. a year besides the increased Customs amounting to 12000 l. a year And yet he again hath far exceeded this proportion We say further he doth not only impose on the Subjects but takes away that which is the Subjects utterly and entirely as in the case of the Flax. It is true the Employment of it belongs to Women but it is the greatest Commodity one of them of that Kingdom and of greatest profit the Revenue of the Custom of it being 800 l. a year and this he hath gotten into his own hands and possession This he got from the Natives and took it to himself He doth for that purpose issue out a Proclamation That they shall use it in such a way wherein the Natives were unskill'd and if it were not so done it should be seized and it was seized
Rectory of which he had been possessed as Tenant to the Crown 35 Years that taking out Writs to arrest Gwyn the Earl bad him recal them or he would clap him in the Castle and that he would not have his Orders disputed by Law nor Lawyers that he desired Gwyn being Poor he might give security which the Earl said was just and that it should be so entred in his Order but that Sir Paul Davis told him that my Lord Strafford found fault with it and struck it out with his own hand that making a Lease to an Incumbent contrary to an Act of State that no Lease should be longer then the Incumbent's Life and being prosecuted for it the Earl told him an Act of State should be as binding as an Act of Parliament John Waldron deposed the same in the Case of a Lease between the Merchants of Galloway and some others John Waldron John Kay Lord Killmallock Sir Pierce Crosby John Kay deposed the same the Lord Killmallock deposed the same and that Sir George Radcliff my Lord Strafford's Eccho an occasion of throwing out a Bill making its Felony to have Powder without licence said the same Sir Pierce Crosby deposed the same To this the Earl answered The Earl's Defence That the Council Board of Ireland was a Court of Record that it was so in favour of the English Protestants and Clergy This he proved by the Lord Dillon in the Lord Chichester's and Lord Grandison's time Lord Dillon that the Acts of State were by the Judges reputed as Laws of the Land for the present and proceeded by Arrest Imprisonment and Fines upon contempt Sir Adam Loftus which Sir Adam Loftus confirmed Then the Order which my Lord of Cork mentioned was read attested and acknowledged to be Sir Paul Davis his hand where it appeared the Clause my Lord Cork said was struck out was standing still only my Lord Cork was limited to prosecute within a Year So what was objected about Gwyn he said he was unknown to him but produced a Certificate from the University of Dublin That he was a Master of Arts of 12 or 14 Years standing adding That my Lord of Cork must be an Excellent Schollar under whom his Groom had so much profited For the Words spoken to the Earl of Cork though he had so quick a memory as to swear them roundly as laid in the charge to a syllable yet they carry their own Contradiction the Order produced referring him to the Law at the highest if the words were spoken they are but indiscreet and it was severe to be punished for being no wiser than God Almighty had made him that my Lord is but a single Witness and he is not prosecuted according to 1 E. 6. cap. 12. That the other Witnesses are Extrajudicial proving words spoken in other places and times then he is charged withal and yet that the words may bear a fair interpretation for that the King being the Law-giver which he hoped none would deny without the Crime of Treason the King's sentence is a Law in matters not determined by Act of Parliament that Prerogative is a part of the Fundamental Law as well as the Property of the Subject That he had alwayes wished for an harmony between them and that they might keep in their wonted Channel if either of them rise above their due heights nothing could be expected but subversion of the Common-wealth either by Tyranny or Rebellion That prerogative was like the First liberty of the subject like the 2d Table either both or neither can be preserved That Prerogative as long as it goes not against the Law of the Land is the Law of the Land and binding being made to prevent a temporary mischief before an Act of Parliament can give Remedy He excepted against the Lord Killmallock 's swearing Sir George Ratcliff to be his Eccho it being impossible to swear his thoughts Against Mr. Hoy and Sir Pierce Crosby as persons concerned against him in point of Interest and to Mr. Waldron 's That the circumstance qualifies the Words it being according to a Statute directing that Leases should not be made without reserving the Moiety of the yearly value After which the Manager replyed That this Article proved the Earl of Strafford's intention to subvert the Government that whereas he saies they are not prosecuted in time the Effects continue to this day and they prosecute him Flagrante Crimine that threatning the Earl of Cork was Arbitrary Government that he hath made it a habit to speake such words as appears by the several times that he himself had confessed the words that when things are rejected in Parliament they are not to be supplied by an Act of State Then they desired to Examin another witness Roger Lotts Witness which the Earl excepting against as not regular the Lords adjourned to their House to consider of it and returning he was admitted and deposed concerning the Bill for Powder without Licence to Felony the Earl told them He would make it an Act of State and that should be as Good To which the Earl replied It was done by Command and for reasons of State not fit to be made publick to keep Powder out of unsafe hands but did not conduce to his acquittal or Condemnation Upon Saturday March 27. Saturday March 27. The 6th day Artic. 5. they proceeded to the Sentencing the Lord Mountnorris at a Council of War thereby Exercising a Tyrannical Power over a Peer of the Realm of Ireland c. First the Sentence was read reciting the King's Letter which commanded a Council of War to sit upon the Lord Mountnorris being a Captain for inciting Revenge against the Lord Deputy-General of his Majesties Army The Lord Mountnorris deposed That he was called to a Council of War Lord Mountnorris Witness charged to have spoken words to this purpose That being told a Kinsman of his had hurt the Lord-Deputies Foot having the Gout he should say Perhaps it was done in Revenge of that publick affront that my Lord Deputy did me formerly but I have a Brother that would not have taken such a Revenge that he was required instantly to confess or deny the Charge that he desired time to answer but was denied as also to produce witnesses to disprove the Lord Moor and Sir Robert Loftus who upon Oath had affirmed it that thereupon in half an Hour Sentence was Pronounced against him by Sir Charles Coot Provost Marshal That the Lord-Deputy in scorn told him That he might proceed to Execution but he would Supplicate his Majestie for his Life and rather lose his Hand then he should lose his Head that he was committed to Prison December the 12th and bailed out the 18th the Physitians making Oath he was in danger of his life the High oppression and Injustice having thrown him into a desperate sickness committed again Apr. the 11th let out May the 2d by reason of Sickness recommitted the 30th of January following
such persons only excepted as be imployed here c. do hereafter make their personal Residence and not depart for England or other place without privity of Our Deputy any former Letters to the contrary notwithstanding And because We resolve to have this course constantly observed if you shall have notice of any Contemner of this Command Our Will and Pleasure is That you proceed against them in an exemplary way to deterr others And for so doing this shall be your Warrant From whence he inferred That this being required by the Law of the Land by the Request of the Irish according to the Lord Faulkland 's former Instructions and justified by the King's Letter he trusted it would not appear to their Lordships so great a Crime as at first it might seem That the Council concurred to the Proclamation that there was great reason of State for it in regard O Neal and Tir Connel having Regiments of the most ancient Irish Septs in the Service of the King of Spain if every one might withdraw at pleasure without giving an account it would open all the Power and Means to distemper that State and he feared it would produce sad Events in that Kingdom And here I cannot but admire the Prophetick Wisdom of this Great Man and States man so soon justified by the Event when upon this Liberty procured by the English Parliament in so few months after his Death that Horrid Rebellion and Massacre broke out which produced the most deplorable Events in the World But to proceed he shewed further That this Restraint was to prevent the going over of the Nobility and Gentry to be Educated at Doway and St. Omers and was for the Interest of the Protestant Religion As to my Lord of Esmond which appeared to be so foul a business he was stayed as being Major General of the Army and could not be spared but he was mistaken if shortly after he did not give him Licence and whereas my Lord of Esmond was said to have no Commission to Examine Witnesses some Evidence accidentally appearing his Lordship took notice of God's Providence and Goodness to assist him and for this purpose Mr. Riley was Examined who Deposed That my Lord of Esmond and Sir Pierce Crosby had a Commission to Examine Witnesses in the Case between them and the Earl of Strafford Mr. Ralton attested the same He further added That the Lord Esmond was stayed on a Complaint of Sir Walsingham Cook 's concerning a Practice against Sir Walsingham 's Life For the Lord Roche he was informed against in the Star-Chamber which he was willing to forget for that Gentleman's Honor the Complaint being of that Nature that he was not willing to press it As to Mac Carty the Decree was made by a Letter from His Majesty on a notable fraud of the Father in the Case of Sir James Craig and the Restraining Young Mac Carty was to prevent his going to Doway or St. Omers and that he that swears it is Solicitor in the Case and unfit for a Witness As to Mr. Parry the Reason appeared in the Sentence which attested by Mr. Gibson was Read as followeth WHereas Henry Parry The Sentence against Mr. Parry one of them who attended the Lord Chancellor as his Lordship's Register-keeper or Clerk for private Judicatures and Keeper of the Books of these Private Proceedings was Commanded to attend the Board to be Examined And whereas in Contempt thereof he not onely neglected to attend accordingly but departed this Kingdom which being represented to His Majesty it pleased His Majesty to require his return hither to attend this Board To which end a Bond was taken for his Appearance here the next Council-day after the 12th of Aug. And whereas he was present himself at this Board 9th of October 1638 but offered no Petition as if he disdained so far to humble himself to this Authority whereupon it being made known to him That it became him in the Duty he owed to the Dignity of this Board to come by Petition as all other Men but he forbearing to exhibit his Petition till he was called by us the Deputie to do it and then when he exhibited it he therein misrecited his Offence alleadging it to be for his repairing to England without Licence whereas his Offence was The disobeying the Orders of this Board Secondly He laid a Tax on William Ralton Esq Alleadging That on pretence of Direction from Secretary Cooke he took his Bond for Appearance here whereas he knew it was not by any feigned direction but by appointment of Secretary Cooke by His Majestie 's Direction Thirdly In stead of humbling himself he desired Cancelling of his Bond and Dismission from attendance and the rather because he conceived he had not in any degree transgressed the Proclamation cautelously alledging that to be his Offence which was not laid to his Charge And forasmuch as his first Offence in Esloyning himself to shun the guilt whereof he was convinced and after his bold and insolent behaviour at this Board in answering plainly That he conceived the Command of the Lord Chancellor ought to free him from the Command of this Board deserves such proceedings against him as may be both Punishment to him and Example to others It is therefore Ordered That he stand Fined in 500 l. bound to his Good Behaviour stand Committed to the Castle during the Deputy's Pleasure and make Acknowledgment of his Offence at this Board And the Form of his Submission is set down I Acknowledge I presented a Presumptuous and Untrue Petition c. Given 30 October 1638. The Names of those that Subscribed it were also Read The Lord Dillon was Examined about the Lord Esmond affirmed That it was suggested that he had set some persons on to cut off Sir Walsingham Cook which was confirmed by Sir Adam Loftus Lord Dillon and that the Witnesses not concurring my Lord Esmond was dismissed To which the Earl added That as soon as he was clear he had liberty to go into England And for the Fees for Licences Mr. Slingsby and Mr. Little attested That they had 20 s. of Privy Councellors and Officers of the Army of others 5 s but it was voluntary and many times none at all was paid He concluded That he hoped nothing hitherto shall convince him of Treason before their Lordships to whose Judgment he did with all humility submit To this Mr. Palmer replyed Mr. Palmer's reply That his Lordship had used a great deal of Wit and Art to colour his Actions and to induce the King to an allowance of them but his Acts of Injustice shew quo obtentu this Proposition was gotten that as it prevented Clamorous Complaints so it terrified those which were real lest they should be punished as clamorous That the 25 H. 6. though it gave leave to seize their Lands that departed without Licence yet restrained not their persons That as to the Petition for Residence of Vndertakers there was a great difference
Captainship make any demand of the people of any Exaction nor as a Captain assemble the people of the Shire-Grounds nor as a Captain shall lead those people to do any acts Offensive or Invasive without Warrant under the Great-Seal of England or of the Lord-Deputy Deputy upon penalty that if he do any thing contrary to that Act that then the Offender shall forfeit a Hundred pounds My Lords the Rebels had been out the Courts of Justice scarce sate for defence of the Country divers usurped the place of Captains concluded of War against the Rebels and invaded them without Warrant Invading the Rebels without Authority is a crime This appears further by particular clauses in the Statute none shall exercise any Captainship within the Shire-grounds nor assemble the men of the Shire-grounds to conclude War or lead them to any Invasion That that had anciently been so continued to this time that is the Irish and the English Pale they within the Shire-grounds were within the English Pale and ad fidem legem Angliae The Irish without the Pale were enemies always either in open act of Hostility or upon Leagues and Hostages given for securing the Peace and therefore as here in England we had our Marches upon the frontiers in Scotland and Wales so were there Marches between the Irish and English Pale where the Inhabitants held their Lands by this tenure to defend the Country against the Irish as appears in the close Roll of the Tower in the 20th year of Edw. 3. membrana 15. on the backside and in an Irish Parliament held the 42 year of Edw. 3. it 's declared That the English Pale was almost destroyed by the Irish enemies and that there was no way to prevent the danger but only that the Owners reside upon their Lands for defence and that absence should be a forfeiture This Act of Parliament in a great Council here was affirmed as appears in the close Roll the 22 year of Edw. 3. Membrana 20 dorso Afterwards as appears in the Statute of 28 Hen. 6th in Ireland this Hostility continued between the English Marches and the Irish Enemies who by reason there was no difference between the English Marches and them in their Apparel did daily not being known to the English destroy the English within the Pale Therefore it is enacted that every English-man shall have the hair of his upper Lip for distinction sake This hostility continued until the 10th year of Henry the 7th as appears by the Statute of 10 H. 7th and 17th so successively downwards till the making of this very Statute of 11 Eliz. as appears fully in the 9th Chap. Nay immediately before and at the time of the making of this Statute there was not only enmity between those of the Shire-ground that is the English and Irish Pale but open War and acts of Hostility as appears by History of no less Authority than that Statute it self for in the first Chapter of that Statute is the Attainder of Shane Oneale who had made open War was slain in open War it 's there declared That he had gotten by force all the North of Ireland for an hundred and twenty miles in length and about a hundred in breadth that he had mastered divers places within the English Pale when the flame of this War by his death immediately before this Statute was spent yet the Firebrands were not all quenched for the Rebellion continued by John Fitz-Gerard called the White Knight and Thomas Gueverford this appears by the Statute of the Thirteenth year of Queen Eliz. in Ireland but two years after this of the Eleventh year of Queen Eliz. where they are attainted of High-Treason for Levying of War this Eleventh year wherein this Statute was made So that my Lords immediately before and at the time of the making of this Statute there being War between those of the Shire-Grounds mentioned in this Statute and the Irish the concluding of War and Acts Offensive and Invasive there mentioned can be intended against no others but the Irish Enemies Again The words of the Statute are No Captain shall assemble the people of the Shire-grounds to conclude of Peace or War Is to presume that those of the Shire-grounds will conclude of War against themselves Nor with the Statute Shall carry those of the Shire-grounds to do any Acts Invasive by the construction which is made on the other side they must be carried to fight against themselves Lastly The words are That as a Captain none shall assume the Name or Authority of a Captain or as a Captain shall gather the people together or as a Captain lead them the offence is not in the matter but in the manner If the Acts offensive were against the Kings good Subjects those that were under Command were punishable as well as the Commanders but in respect the Soldiers knew the service to be good in it self being against the enemies and that it was not for them to dispute the Authority of their Commanders the penalty of 100 l. is laid only upon him That as Captain shall assume this Power without Warrant the People commanded are not within this Statute My Lords The Logick whereupon this Argument is framed stands thus because the Statute of the Eleventh year of Queen Elizabeth inflicts a penalty of 100 l. and no more upon any man that as a Captain without Warrant and upon his own head shall conclude of or make War against the King's Enemies Therefore the Statute of the 18th year of Henry the 6th is repealed which makes it Treason to lay Soldiers upon or to levy War against the Kings good People But My Lords Observation hath been made upon other words of this Statute that is that without Licence of the Deputy these things cannot be done this shews that the Deputy is within none of the Statutes My Lords This Argument stands upon the same reason with the former because he hath the ordering of the Army of Ireland for the defence of the people and may give Warrant to the Officers of the Army upon eminent occasions of Invasion to resist or prosecute the Enemy because of the danger that else might ensue forthwith by staying for a Warrant from His Majesty out of England My Lords The Statute of the 10th year of Henry the 7th Chap. 17. touched upon for this purpose clears the business in both points for there is declared That noâ—e ought to make War upon the Irish Rebels and Enemies without Warrant from the Lieutenant the forfeiture 100 l. as here the Statute is the same with this and might as well have been cited for repealing the Statute of the 18th year of Henry the 6th as this of the 11th year of Queen Elizabeth But if this had been insisted upon it would have expounded the other two clear against him Object My Lords It hath been further said although the Statute be in force and there be a Treason within it yet the Parliament hath no Jurisdiction the
Irish Statute or Custom Object But it will be said that Writs of Error are only upon failure of justice in Ireland and that suits cannot originally be commenced here for things done in Ireland because the Kings Writ runs not in Ireland Answ This might be a good Plea in the Kings-Bench and inferior Courts at Westminster-Hall the question is Whether it be so in Parliament The Kings Writ runs not within the County-Palatine of Chester and Durham nor within the Five Ports neither did it in Wales before the Union of Henry the 8th's time after the Laws of England were brought into Wales in King Edw. the 1. time Suits were not originally commenced at Westminster-Hall for things done in them yet this never excluded the Parliament-suits for Life Lands and Goods within these jurisdictions are determinable in Parliament as well as in any other parts of the Realm Ireland as appears by the Statute of the Thirtieth year of Henry 3. before-mentioned is united to the Crown of England By the Statute of the Eight and twentieth year of Hen. 6th in Ireland it is declared in these words That Ireland is the proper Dominion of England and united to the Crown of England which Crown of England is of it self and by it self wholly and intirely endowed with all Power and Authority sufficient to yield to the Subjects of the same full and plenary remedy in all Debates and Suits whatsoever By the Statute of the Three and twentieth year of Henry the 8th the first Chapter when the Kings of England first assumed the Title of King of Ireland it is there Enacted that Ireland still is to be held as a Crown annexed and united to the Crown of England So that by the same reason from this that the Kings Writs run not in Ireland it might as well be held that the Parliament cannot originally hold Plea of things done within the County-Palatine of Chester and Durham nor within the Five Ports and Wales Ireland is a part of the Realm of England as appears by those Statutes as well as any of them This is made good by constant practice in all the Parliament Rolls from the first to the last there are Receivers and Tryers of Petitions appointed for Ireland for the Irish to come so far with their Petitions for Justice and the Parliament not to have cognizance when from time to time they had in the beginning of the Parliament appointed Receivers and Tryers of them is a thing not to be presumed An Appeal in Ireland brought by William Lord Vesey against John Fitz-Thomas for Treasonable words there spoken before any Judgment given in Case there was removed into the Parliament in England and there the Defendant acquitted as appears in the Parliament Pleas of the Two and twentieth year of Edw. 1. The Suits for Lands Offices and Goods originally begun here are many and if question grew upon matter in Fact a Jury usually ordered to try it and the Verdict returned into the Parliament as in the Case of one Ballyben in the Parliament of the Five and thirtieth year of Edw. the 1. If a doubt arose upon a matter tryable by Record a Writ went to the Officers in whose custody the Record remained to certifie the Record as was in the Case of Robert Bagott the same Parliament of the Five and thirtieth year of Edw. the 1. where the Writ went to the Treasurer and Barons of the Exchequer Sometimes they gave Judgment here in Parliament and commanded the Judges there in Ireland to do execution as in the great Case of Partition between the Copartners of the Earl-Marshal in the Parliament of the Three and thirtieth of Edward the 1. Where the Writ was awarded to the Treasurer of Ireland My Lords The Laws of Ireland were introduced by the Parliament of England as appears by Three Acts of the Parliament before cited It is of higher Jurisdiction Dare Leges then to judge by them The Parliaments of England do bind in Ireland if Ireland be particularly mentioned as is resolved in the Book-Case of the First year of Henry the Seventh Cook 's Seventh Report Calvin's Case and by the Judges in Trinity-Term in the Three and thirtieth year of Queen Elizabeth The Statute of the Eighth year of Edward the 4th the first Chapter in Ireland recites That it was doubted amongst the Judges whether all the English Statutes though not naming Ireland were in force there if named no doubt From King Henry the 3d his time downwards to the Eighth year of Queen Elizabeth by which Statute it is made Felony to carry Sheep from Ireland beyond Seas in almost all these Kings Reigns there be Statutes made concerning Ireland The exercising of the Legislative Power there over their Lives and Estates is higher than of the Judicial in question until the 29th year of Edward the 3d erroneous Judgments given in Ireland were determinable no where but in England no not in the Parliament of Ireland as it appears in the close Rolls in the Tower in the 29th year of Edward the 3d. Memb. 12. Power to examine and reverse erroneous Judgments in the Parliaments of Ireland is granted from hence Writs of Error lye in the Parliament here upon erroneous Judgments after that time given in the Parliaments of Ireland as appears in the Parliament Rolls of the Eighth year of Henry the 6th N o 70. in the Case of the Prior of Lenthan It is true the Case is not determined there for it 's the last thing that came into the Parliament and could not be determined for want of time but no exception at all is taken to the Jurisdiction The Acts of Parliament made in Ireland have been confirmed in the Parliaments of England as appears by the close Rolls in the Tower in the Two and fortieth year of Edward the 3d. Memb. 20. Dorso where the Parliament in Ireland for the preservation of the Countrey from Irish who had almost destroyed it made an Act That all the Land-Owners that were English should reside upon their Lands or else they were to be forfeited this was here confirmed In the Parliament of the Fourth year of Henry the 5th Chap. 6. Acts of Parliament in Ireland are confirmed and some priviledges of the Peers in the Parliaments there are regulated Power to repeal Irish Statutes Power to confirm them cannot be by the Parliament here if it hath not cognizance of their Parliaments unless it be said that the Parliament may do it knows not what Garnsey and Jersey are under the Kings subjection but are not parcels of the Crown of England but of the Duchy of Normandy they are not governed by the Laws of England as Ireland is and yet Parliaments in England have usually held Plea of and determined all Causes concerning Lands or Goods In the Parliament in the 33 Edward 1. there be Placita de Insula Jersey And so in the Parliament 14 Edw. 2. and so for Normandy and Gascoigne and always as long as any part of
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
Cohabit July 12. 1641. It was Resolved to pass as a Law Nemine Contradicente UPon Report this Day made unto the House from the Lords Committees for Petitions That William Walter was complained of by the Petition of Elizabeth Walter his Wife for refusing to Co-habit with her or allow her and her 3 Children Maintenance and Supportation for their Lively-hoods although he hath a Good and a Plentiful Estate It was thought fit and so ordered by the Lords in Parliament That the said William Walter shall settle Lands and Tenements cleared from all former Incumbrances other then Leases whereupon the usual Rent is reserved lying in the County of Pembroke upon such Trustees as the said Mrs. Walter shall Nominate to the use of her self and her said 3 Children during the time of her Life And Mr. Justice Foster and Mr Justice Heath's assistance to the said Lords Committees for Petitions are hereby desired by the Lords in Parliament to direct the Counsel of the said Mrs. Walter what security shall be taken in or out of the Premisses and how and in what manner an Estate of and in the Lands and Tenements or Tithes of the said William Walter shall be setled or charged and chargeable with the payment of sixty Pounds per An. to the use of the said Mrs. Walter and her 3 Children the first payment whereof to begin at Michaelmass next ensuing the Date hereof And in Case the said Mr. Walter 's Estate shall encrease by the Death of his Mother or Grandmother or otherwise it is their Lordships Pleasure that the Moiety of the same as it shall fall and accrew to him shall be settled and paid unto the said Feoffees to the use of the said Mrs. Walter and her 3 Children as aforesaid by the Advice of the Judges aforenamed And further that if the said William Walter shall refuse or delay by the space of a Month next ensuing to make such settlement in manner as aforesaid then it is their Lordships Pleasure that a Sequestration shall be awarded to such Person or Persons as the said Mrs. Walter shall nominate to take and receive so much of the Yearly Rent and Profits of the said Lands and Tenements of the said William Walter as shall amount to such proportions and allowances as aforesaid to be answered to the said Mrs. Walter or her Assigns half Yearly for the uses aforesaid UPon Report this Day made unto the House from the Lords Committees An Order of the Lords concerning a Vicaridge in Sir Peter Osborn's Case Plaintiff against Thomas Joyce Clerk July 12. 1641. for Petitions in the Cause of Sir Peter Osborn Knight Plaintiff and Thomas Joice Clerk it appeared unto their Lordships That Sir John Osborn Knight deceased Father of the said Sir Peter was seized in Fee of the Rectory of Hawnes in the County of Bedford to which the Advowson of the Vicaridge did consist only of eight Pounds per Ann. stipend That the said Sir John Osborn did in the 9th Year of King James convey the Inheritance of the said Rectory and Vicaridge together with a new House built upon his own Land to the now Bishop of Durham Sir Thomas Cheek and others for the Increase of Maintenance of such Vicar or Vicars as should be nominated by the said Sir John or his Heirs But before the Gift Sir John puts in Mr. Brightman and Mr. Wilson successively who injoyed the said House and Tythes and after the Gift nominated Mr. Sherley who was only Licensed by the Bishop but never Instituted or Inducted After the Death of the said Mr. Sherley the said Sir Peter Osborn nominated Mr. Buckley who was Licensed by the Bishop without being instituted or Inducted the Defendant Joyce obtains a Presentation by Lapse and gained a Decree in Chancery for the Rectory House and Tythes against which Decree Sir Peter Osborn objected that the Donor intended the said Rectory to him only that was to be nominated by himself or his Heirs and could not intend it to any that came in by Lapse it being then in Lapse when his Gift was made which was denied by the Defendant and affirmed that it was intended to the Incumbent whoever he was otherwise the Charity of the Donor would be overthrown Whereupon the Decree and Deed of the said Sir John Osborn was produced and read before the said Lords Committees who after long Debate by Councel on both Sides were fully satisfied That the Donor intended it to none but such as should come in by the Nomination of him or his Heirs Whereupon it is Ordered and Adjudged by the Lords in Parliament That the said Lay Fee Rectory and House together with all the said Donors Gift setled by the said Deed shall by virtue of this Order go to such Clergy-Man or Men as the said Sir Peter Osborne and his Heirs shall Nominate and Appoint according to the meaning of the said Donor and no other And that the Defendant Joyce that came into the vicaridge by Lapse shall have no Advantage of the Gift so made by Sir John Osborne but shall forthwith upon Notice hereof relinquish the same and shall also Answer to the Feoffees for all the Profits of the said House and Rectory by him taken ever since the said Decree and if the said Defendant Joyce conceives he hath any Right he is left to try the same at the Common Law without taking any advantage of the said Decree or of any thing done by Sir Peter Osborne in Obedience to the said Decree A Message was brought from the House of Commons by Sir Henry Vane Junior to desire that the Bill for Tonnage and Poundage may be delivered unto them to be brought up and presented by their Speaker with the Commission under the Great Seal annexed THeir Lordships taking this into Consideration Message from the Commons about the Bill of Tonage and Poundage and perusing the Commission found by the Tenor of the said Commission that the Bill of Tonnage and Poundage could not pass the Royal Assent by virtue of this Commission if they were separated therefore to avoid all Ambiguities Resolved to send some Lords to desire His Majesty would be pleased to come in Person to give the Royal Assent to the said Bill Hereupon the E. Bath E. Essex E. Cambridge E. Bristol Bill for Tonnage and Poundage passed the Royal Assent went presently to attend his Majesty therein who brought this Answer That the King will be here presently His Majesty being come and satt in the Chair of State the Commons were sent for who came and by their Speaker presented the Bill for Tonnage and Poundage then the Clerk of the Crown read the Title of the said Bill and the Clerk of the Parliament pronounced the Royal Assent thereunto in these words Le Roy remerciant ses bons Subjects accepte Leur Benevolence et ainsi le veult It was this day Ordered in the Commons House Munday July 12. Order for Aftornoon Sermons in all
behalf The Second Article is condescended unto according to the Proposition added to the Act of Pacification The Third Demand concerning making of War with Forreigners with the other Two Articles concerning Leagues and Confederations and concerning mutual Supply and Assistance against forreign Invasion is agreed to be referred to Commissioners to be chosen by His Majesty and the Parliaments As likewise the Fourth Fifth and Sixth Articles concerning Trade Commerce Naturalization mutual Priviledges and Capacity and other of that Nature and the demands concerning the Extract of Bonds and Decrets and the manner of safe Conduct for Transporting the Monys from England to Scotland are all referred to be taken into Consideration by the Commissioners to be appointed by both Parliaments who shall have power to Advise and Treat thereupon and report to the Parliaments respectively It is just that the Tenor of the Commission for Conserving of Peace should be agreed on by mutual Consent but the closing of the Treaty not to stay hereupon but to be left to the Commissioners to be named To that desire concerning such as should be placed about the Prince the King hath already given a clear satisfactory Answer That there be an Act of Parliament of Publick Faith for securing the payment of 220000 l. which is Arrear of the Brotherly Assistance is just and order is given for it accordingly and it shall be Communicated with the Scottish Commissioners that it may be a perfect Security The Tenth for appointing a Quorum for attending the payment of the Mony is already moved to the Parliament and will be done as is desired The Eleventh Article is very just and order shall be given accordingly for recalling all Proclamations and for Publick Thanksgiving The Twelfth Article for the Castle of Edinburgh and other Strengths of Scotland is to be settled betwixt His Majesty and the Commissioners of Scotland or by His Majesty and the Parliament of Scotland Which being read this House approved both of the Propositions and the Answers and Ordered That they should be Communicated to the House of Commons â—o morrow morning Mr. Thursday August 5. Report of the Conference about the Custos Regni Pym Reports the Conference with the Lords concerning the Custos Regni Lord Privy Seal told them That the occasion of this Conference was the matter of a former Conference desired by this House wherein two Propositions were delivered concerning a Custos Regni Commissioners to be appointed in the Kings absence to Pass these Bills 1. The Act of Treaty 2. Any Bill for raising Mony as there shall be occasion 3. For raising of Forces for Service at Sea and Land to resist forreign Invasions or Seditions at home with all things necessarily incident thereunto 4. Any Bill for Tonnage and Poundage or other Duties upon the Exportation or Importation of Commodities 5. The Bill for the preservation of the Mines for Salt-Petre and making Gun-Powder for the defence of the Kingdom 6. A Power to Pass the Bill concerning the 8 Subsidies given by the Clergy A short Act to be drawn Authorizing the Passing of Bills to be conceived upon these Heads Lord Say said That the Lords intended not to conclude this House but that they might add what they should think necessary to be Expedited in the King's absence and that some Course might be taken that the Parliament might Sit till an Act might pass to Enable and Confirm this Commission The House was then acquainted That the Bishoprick of Durham County of Northumberland and Town of Newcastle are willing to take the Parliaments Security for Billet Whereupon it was agreed That the House is contented to pay with all speed unto the Scots Commissioners the residue of the 80000 l. which they have provided accordingly and desire that the Scots Commissioners give speedy notice thereof unto their General whereby he may apply himself to put the Army into a readiness to march away according to their promises immediately upon the receipt of the said Monys And this House desireth they will receive so much of the said Mony here as conveniently they can dispose of and the House is ready to send the Residue to Newcastle if they shall desire it This day one Mr. Smith Rector of Long-Ditton in Kent Mr. Smith a Minister sent to the Gate-house who was sent for as a Delinquent upon an Information given in against him by some of the Godly and Well Affected Party that he should say The House of Commons had undeservedly Imprisoned an honester Man than any of themselves in the Tower meaning the Arch-Bishop of Canterbury For which he was committed to the Gate-House Bill against Knighthood passed by the Lords Message from the Commons about disbanding This day the Bill to prevent vexatious proceedings touching the Order of Knighthood being read a Third time and put to the Question it was Resolved to pass as a Law A Message was brought from the House of Commons by Sir Philip Stapleton to let their Lordships know That they have considered of the disbanding of both Armies and are provided of Mony to effect it and that they have resolved to take the Publick Faith of the Scots for their disbanding Further That the House of Commons had made an Order That the Horse of the King's Army be first disbanded therefore do desire this House to joyn with them That the Horse of the King's Army be first disbanded and that forthwith To which after some Consideration the Lords agreed The Petition of the Creditors of Sir Thomas Dawes was read shewing A Ne exeat regnum awarded a gainst Sir Tho. Dawes That they stand bound with the said Sir Thomas for great Sums of Mony and they have Reason to fear that he will depart this Kingdom Hereupon it was Ordered That there shall be a Ne Exeat Regnum issued out against the said Sir Thomas Dawes The House of Commons being upon the Consideration of the King's Journey Friday August 6. Commons resolved to insist upon a Locum Tenens in the Kings absence it was Resolved c. That this House shall at a Conference with the Lords insist upon the King 's appointing a Locum Tenens during his absence The Bishop of Lincoln reports the Conference with the Commons about a Locum Tenens in the King's absence in these words That formerly the House of Commons had brought up a Proposition concerning a Custos Regni in the King's absence Conference about a locum tenens in the Kings absence of which they have received no Answer which makes them now renew it again as formerly and they do offer some more Reasons 1. Because that in the King's absence many Emergent Occasions may happen in Parliament or otherwise where necessary use may be of the King's Authority especially in these time when things are not yet so fully setled 2. That by all Presidents it doth appear That when a Parliament was Sitting in the King's absence there was a Custos
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
according to the Command thereof upon due and convenient notice thereof given to him at the Charge of the Party or Parties who requireth or procureth such Writ or Writs and upon Security by his or their own Bond or Bonds given to pay the Charge of carrying back the Prisoner or Prisoners if he or they shall be commanded by the Court to which he or they shall be brought as in like Cases has been used such Charges of bringing up and carrying back the Prisoner or Prisoners to be always ordered by the Court if any Difference shall arise there about bringing or cause to be brought the Body or Bodies of the said Party or Parties so committed or restrained unto and before the Judges and Justices of the said Court from whence the same Writ or Writs shall issue in open Court and shall then likewise certify the true Cause of such his or their Deteinors or Imprisonment and thereupon the Court after such Return made and delivered in open Court shall proceed to examine and determine whether the Cause of such Commitment appearing upon the said Return be just and legal or not and shall thereupon do what to Justice shall appertain either by Delivering Bailing or remanding the Prisoner or Prisoners 7. Quest Of what Force is an Act of State or Proclamation in this Kingdom to bind the Liberty Goods Possessions or Inheritance of the Natives thereof whether they or any of them can alter the Common Law or the Infringers of them loose their Goods Chattels or Leases or forfeit the same by Infringing any such Act of State Proclamation or both And what punishment do the sworn Judges of the Law that are Privy Councellors incur that Vote for such Acts and Execution thereof Declarat An Act of State or Proclamation in this Kingdom cannot bind the Liberty Inheritance Possession or Goods of the Subjects of the said Kingdom nor alter the Common Law and the Infringers of any such Act of State or Proclamation ought not to forfeit Lands Leases Goods or Chattels for the infringing of any such Act of State or Proclamation and the Judges of the Law who do vote for such Acts of State or Proclamation are punishable as Breakers and Violators of their Oaths of Judges 8. Quest Are the Subjects of this Kingdom subject to the Martial Law And whether any man in the time of Peace no Enemy being in the Field with Banners displayed can be Sentenced to death If so by whom and in what Cases If not What Punishments do they incur that in time of Peace execute Martial Law Declarat No Subject of this Kingdom ought to be Sentenced to Death or Executed by Marshal Law in time of Peace and if any Subject be so Sentenced or Executed by Marshal Law in time of Peace the Authors and Actors of any such Sentence or Execution are punishable by the Law of the Land for their so doing as Doers of their own Wrong and contrary to the said Law of the Land 9. Quest Whether Volantary Oaths taken freely before Arbitrators for Affirmance or Disaffirmance of any thing or for the true performance of any thing be punishable in the Castle-Chamber or any other Court and why and wherefore Declarat No Man ought to be punished in the Castle-Chamber or any other Court for taking a Voluntary Oath before Arbitrators for affirmance or disaffirmance of any Thing or the true Performance of any thing in Civil Causes nor are the Arbitrators before such Voluntary Oath shall be taken Punishble 10. Quest Why and by what Law or by what Rule of Policy is it that none is admitted to Reducement of Fines and other Penalty in the Castle-Chamber or Council Table untill he confess the Offence for which he is Censured when as Revera he might be innocent thereof tho suborned Proofs or Circumstance might induce a Censure Declarat By the Laws and Statutes of the Realm no Man is bound or ought to be compelled to acknowledg the Offence laid to his Charge or the justness of any Censure past against him in the Castle-Chamber or at the Council Table nor ought to be deteined in Prison or abridged of his Liberty or the Reducement of his Fine stayed or delayed until he doth acknowledg such Offence or the justness of such Censure And it is further declared That no such inforced or wrested Confession or Acknowledgment can or ought to debar or hinder any Subject from his Bill of Reversal or Review of any Sentence or Decree past or conceived against him in the Castle-Chamber or in any other Court 11. Quest Whether the Judges of the Kings-Bench or any other Judges of Goal-Delivery or of any other Court and by what Law do or can deny the Copies of Indictments of Felony or Treason to the Parties accused contrary to the Law Declarat The Judges of the Kings-Bench or Justices of Goal-Delivery or the Judges of any other Court ought not to deny Copies of Indictments of Felony or Treason to the Parties indicted 12. Quest What Power have the Barons of the Court of Exchequer to raise the Respite of Homage arbitrarily to what Rate they please to what Value they may raise it by what Law they distinguish between the Respit of Homage upon the diversity of the true value of the Fees when as Escuage is the same for great and small Fees and are apportionable by Parliament Declarat The Barons of the Exchequer ought to raise the Respite of Homage above the usual Rates appearing in and by the Course and Precedents of the Court continued until the year of our Lord God 1637 and the raising thereof since that time was Arbitrary and against the Law And the Barons of the Exchequer ought not to distinguish between the Respite of Homage upon any diversity of the true values of the Knight's Fees 13. Quest Whether it be Censurable in the Subjects of this Kingdom to repair into England to appeal to his Majesty for Redress of Injuries or for other Lawful Occasions If so for why and in what Condition of Persons and by what Law Declarat The Subjects of this Kingdom may lawfully repair into England to appeal to his Majesty for Redress of Injuries and for other their Lawful Occasions and for their so doing ought not to be punished or questioned upon the Statute of 5 R. 2. nor by any other Law or Statute of Force in this Kingdom eminent Officers and Ministers of State Commanders and Soldiers of his Majesties Army the Judges and Ministers of his Majesties Courts of Justice and of his Highness Revenue and Customs whose Attendance is necessarily requisite by the Laws and Statutes of the Realm only excepted 14. Quest Whether Deans or other Dignitaries of Cathedral Churches be properly and de Mero jure Donative by the King and not Elective or Collative If so Why and by what Law And whether the Confirmation of a Dean de Facto of the Bishops Grant be good or valid in Law and no If not by what Law
the English who lived under them rise against them with great Malignity and joyn with the Rebels They defaced the Chargeable Buildings and profitable Improvements of the English to their uttermost Power They threaten all the English to be gone by a time or they will destroy them utterly and indeed they give out publickly That their purpose is totally to Extirp the English and Protestants and not to lay down Arms until by an Act of Parliament here the Romish Religion be Established and that the Government be settled in the hands of Natives and all the old Irish restored to the Lands of their supposed Ancestors These and other Miseries and Calamities the English and Protestants of all Conditions here do suffer which we cannot mention without horror and grief of Heart Besides in these high Disturbances and general mischiefs the Irish inhabiting on the Borders of the Counties of Meath and Lowth adjoyning to the Counties of Cavan and Monaghan do make daily Incursions on all the English near them and Rob and Spoyl them of all they have whereby many are utterly undon and ruined in their Estates The Rebels finding their numbers to increase which we are informed to be very many and in many Places insomuch as it is conceived that they are not less than thirty thousand already declared assemble themselves in great Parties whom notwithstanding we dare meet with far fewer numbers as we hope to be Armed and Horsed they for the most part being as yet meanly provided of any Arms or Munition but such only as they got from the English whom they Robbed and the Kings Magazins which they surprised They sent a Party of their men to the Town of Dundalk an antient Corporation which held firm to the Crown in all the times of the late Rebellions in this Kingdom When they approached the Town on Saturday last it was rendred up to them without a blow strucken in the defence of it They are now advancing immediately to Drogheda a Walled Town upon the Sea Coast within twenty Miles of Dublin and if they can prevail there it is conceived they will March immediately hither to Besieâ—e this City and Castle In this straight and therein our extream want of Money and Arms as well as men adding to our grief We conceived it became of absolute necessity to find means to imploy some strength as well to deter the Rebels and their Adherents as to countenance and if it be possible to preserve the good Subjects especially in these Parts And therefore having sent what Supplies of Arms and Munition we could to Drogheda we raised here a thousand Foot consisting of as many English as we could possibly gather yet a great part of them are Irish whom we are necessitated to trust and have Armed them and they are now Marched with two Troops of Horse towards Drogheda But if through the defection of these Irish in that Regiment or any other accident it should so happen as God forbid that the Rebels should prevail against them then considering the present State and Condition of this City we must utterly dispair of being able to keep it against the Rebels unless we be with all possible speed relieved from thence with Men Money and Arms and on the other side not to send forth those Troops would be extreamly Dangerous as giving not only too much heart to the Rebels when they should see themselves able to come so far without resistance but also great Discouragement and Terror to the well affected when they should see us unable to shew any strength for their defence We hold it our duties thus to acquaint your Lordships with the Lamentable State wherein this Kingdom stands that so his Majesty and the Parliament there may understand it and then we hope they will provide for relieving us Immediately with ten thousand Foot and one thousand Horse for the present well Armed and further Provision of Arms to furnish the Stores as also some able Commanders and one hundred thousand pound in money to pay them and answer other occasions here which being now speedily sent us may prevent the Effusion of very much English Bloud and the vast expence of Treasure hereafter which must of necessity be spent if we be not presently thus relieved We must also make known to your Lordships that upon this occasion many of the Noblemen and Gentry of the Pale coming to us for Arms as also many in this City and other Towns We held it the safest way to avoid their Suspition of our Jealousie of them and so we yielded to set some prime Men and some Counties also to have Arms and Munition for their defence against the Rebels upon deep professions of their Loyalty to the Crown who we hope will be a strength to us But however there was no safety to let them lodge any thoughts of Jealousie in us against them And our Issuing of Arms in that manner hath very much lessened our stores Sir Faithful Fortescue coming lately from Drogheda shewed us a Paper which he told us was dropped under a Stall at Drogheda and so was brought to him it seems to be a Declaration of some of the reasons pretended by the Rebels for taking up Arms which Paper we humbly offer to your Lordships here inclosed as also two Proclamations Published by us by occasion of this Rebellion since our last dispatch to the Lord Lieutenant The Lord Magwire and Mr. Mahown the two Principal Prisoners we have we should think fit to send into England for their more safety and to take a way from the Rebels all hope of delivering them from Prison by their coming hither to besiege this Place wherein therefore we humbly 〈◊〉 a speedy Signification of his Majesties or your Lordships good pleasure to be hastened unto us To quicken our Supplies from thence without which and that with all possible speed we cannot expect to live to give his Majesty an account of this Place We have now written our Letters to the Lords and Commons House of Parliament there and have for the particulars referred to these our Letters to your Lordships humbly beseeching your Lordships to Communicate them to both Houses yet so we hope as those Parts thereof which your Lordships may easily judge are fit to be kept secret and being published may discover our Disability to make defence and our Apprehensions of great and Eminent danger may not come to common view We have also so extreamly necessary it is sent this Bearer Richard Fitz Gerald Esq as an Express Agent or Sollicitor from this State to attend his Majesty and your Lordships that so by his Majesties gracious Interposition and your Lordships Mediation for us to the Parliament there the succors we expect may be seat us which if they come not immediately we crave leave to repeat it again and again the Kingdom will be utterly lost and all the English and Protestants in Ireland destroyed and so England instead of Subjects will have Enemies here who