the Earl of Leicester Lord Lieutenant of Ireland making some scruple of raising Men to be imployed in the busness of Ireland without the King's Commission and his Lordship desiring to have the Authority of the Parliament for the same in the mean time It is thought fit and so Ordered by the Lords in Parliament according to the Power given unto them by His Majesty mentioned in an Order dated the sixth of November 1641. That the said Lord Lieutenant shall have full power by virtue of this Order to Levy Men according to the Order given him from the Parliament in the interim until His Majesty shall grant him a Commission under the Great Seal of England for his Warrant for so doing The House of Commons did also take notice of the Doubt of the Earl but notwithstanding did resolve and think fit that he should proceed to raise men for the Service by Virtue of the Ordinance of Parliament It was also Ordered by the Lords and Commons A Council of War for the Affairs of Ireland That the Lord Viscount Wilmot Sir John Conyers Sir Jacob Ashly Sir Simon Harcourt Sir John Heyden Sir Foulk Hunks Sir Thomas Glemham Sir Robert King Colonel Culpeper Colonel Vavasor Lieutenant Colonel Ballard and Captain Skippon shall be Assistants as a Council of War to the Committees of both Houses of Parliament appointed for the Affairs of Ireland and have full Power by virtue of this Order to meet and consider of the present state and condition of the said Kingdom and also of an Establishment for the Army Lords agree with the Commons to put the Laws against the Papists in Execution speedily The Lords then entred upon the Consideration of the Proposition sent from the Commons concerning securing the Persons of Popish Recusants and after a long Debate the Result was this That whereas the House of Commons desired that the persons of the Romish Recusants for the safety of the Kingdom might be secured this House doth consent with them therein and Orders That the Laws of this Kingdom shall be put into Execution against them presently Upon the desire of the Commons by Mr. Pym Letters from France and Antworp stopped it was Ordered by the Lords That the Foreign Letters from France and Antwerp be stopped and perused by the Lords Committees for opening Letters there being as Mr. Pym said ground and intelligence that those Letters will discover some Root of the Rebellion in Ireland The Declaration of the State of the Kingdom was also this day read and it was moved that a Consideration of these particulars might be added and which is very uncommon I find in the Margin of the Journal the Names of the Persons which made the several Motions which in regard it is to be supposed they did it in futuram rei Memoriam that Posterity might not hereafter be to seek for their Names I will take care to transmit them down to future Ages but whether they will have Statutes Erected for the Achievement I cannot promise unless it be of Infamy Moved That the last Expedition into Germany J. C. but whether Corbet or Clotworthy I cannot tell The Loans upon Privy Seals The Commission of Excise might be added The Additional Explanation to the Petition of Right Palmer I suppose The Declaration set forth upon the Breach of both Parliaments Strode The Proclamation set forth Wingate forbidding People so much as to talk of a Parliament Gun-Powder Monopoly J. C. as it was a Project for the disarming of the Kingdom The destruction of Timber Wildt especially in the Forrest of Dean by Recusants The Entituling the King to the Lands between High-Water J. C. and Low-Water mark The abuses of Purveyors and Salt-Petre men Whitlock The Commission of Sewers to be further Explained Cromwel The Court of Wards Smyth The Jurisdiction of the Council of the Marches The Council Table as they take Cognizance of Me Te. The Buying and Selling of Honours and Dignities The further Debate ordered to be resumed to Morrow The Lord Keeper Reported the Conference with the Commons Yesterday That Mr. Pym delivered by Command divers Heads agreed upon by the Commons Wednesday Novem. 10. which are Instructions to be sent to the Commissioners of both Houses now attending his Majesty in Scotland which they desire their Lordships to joyn with them in The Instructions were read in haec verba 1. YOu shall humbly inform his Majesty Instructions to the Commissioners in Scotland Nov. 10th 1641. That the Propositions made to the Parliament of Scotland concerning their Assistance for suppressing the Rebellion in Ireland hath been fully considered and debated by both Houses of Parliament here and their Wise and Brotherly Expressions and Proceedings are apprehended and Entertained here by us not only with Approbation but with Thankfulness Wherefore we desire that his Majesty will be pleased That You in the Name of the Lords and Commons of England give publick Thanks to the States of the Parliament of Scotland for their Care and Readiness to imploy the Forces of that Kingdom for the reducing the Rebellious Subjects of Ireland to their due Obedience to his Majesty and the Crown of England 2. You shall further make known to his Majesty That in the great and almost Vniversal Revolt of the Natives of Ireland cherished and fomented as we have Cause to doubt by the Secret Practices and Encouragements of some Forreign States ill-affected to the Crown and that the Northern Parts of that Kingdom may with much more Ease and Speed be supplied from Scotland than from England We humbly desire and beseech his Majesty to make Vse of the Assistance of his Parliament and Subjects of Scotland for the present Relief of those Parts of Ireland which lie nearest to them according to the Treaty agreed upon and confirmed in both Parliaments and this Affectionate und Friendly Disposition now lately Expressed as is more particularly specified in the 5th Article 3. You shall present to His Majesty the Copy Enclosed of the Declaration which We have sent into Ireland for the Encouragement of his good Subjects there and for the more speedy and Effectual opposing of the Rebels and in Execution and performance of our Expressions therein made of Zeal and Faithfulness to his Majesties Service We have already taken Care for 50000 l. to be presently Borrowed and Secured by Parliament We have likewise resolved to hasten the Earl of Leicester Lord Lieutenant of Ireland very speedily to repair thither and forthwith to raise a Convenient number of Horse and Foot for securing Dublin and the English Pale with such other Parts as remain in his Majesties subjection intending to second them with a far greater Supply 4. We have further Ordered and Directed That his Majesties Arms and Munition lying in the City of Carlisle shall be Transported into the North Parts of Ireland for the supply of Carrick-fergus and other his Majesties Forts and
and disorders about the Houses of Parliament 2. To joyn with them in a Petition to his Majesty that the Houses of Parliament may have a Guard But the Faction of the Commons had other imployment for these Tumults Favoured by the Faction of the Commons and were so far from thinking fit to discourage them that some of these insolent People being laid hold on and Committed to the Gate-house their Friends in the Commons House receiving quick advertisement of it immediately dispatched Sir Robert Pye Mr. Wheeler and Mr. Glyn to inquire upon what Grounds those Citizens are Committed to the Gate-house and by whose Authority and to discharge them if they shall see Cause And when this Conference was reported by Mr. Hollis they were not at leisure to consider of it that night it was too late and therefore it was deferred till the next day and the next day when it was moved the Question being put whether the Question shall be put at this present concerning the joyning with the Lords in a Declaration as is desired it past in the Negative they being it seems so unwilling to disoblige the Rabble that they would not so much as permit the Question to be put concerning it and it is easie to conjecture with what courage this inspired those Rude and Insolent People Porters Watermen c. when they saw themselves out of the reach of the Law the only thing those mean and sordid spirits are capable of being kept in order with and that they had nothing to fear when their Guardians of the Commons House would not suffer the tenderest part of the Law a Proclamation to be awarded against them Sir Thomas Barrington this day Reported in the House of Commons ' That according to the Command of the House E. of Newport discharged from being Constable of the Tower not being able to meet with the Constable of the Tower he wrote a Letter unto him that yesterday he came to him and told him that his Majesty was pleased to discharge him of the Constableship of the Tower and to tell him he did it because it was cause of Jealousie The Reader will from hence gain a clear Light into the Mystery of all this Bustle about the Scandal which took up so great a part of this and the following Days Debate and will easily perceive the displeasure of this Lords being displaced raised all this Dust which however blanched as a Scandal upon him and others yet is so like the sayings of some in that Company at Kensington that one can difficultly be perswaded to believe but that with all this Smoak there was some Fire that the King spake what he did upon good assurance but that such was the Fury and Violence of the headstrong Faction that to have produced any Witness in a matter which concerned them so nearly and would have exposed their Designs would have been to have thrown a Man into a Den of half starved Lyons and it had been impossible to have escaped their fury without the help of Daniels Miracle in the Sacred Story The Lord Dillon and Col. L. Dillon and Colonel Taaf Imprisoned Taaf having by Order of the House been taken into Custody their Papers were searched and ordered by a Committee to be perused and they to remain in Custody till the House takes further Order therein It was also Ordered That Col. Lunsford summoned to the Commons House Lunsford be summoned to attend this House to morrow morning at 10 of the Clock and that Mr. Thraile be required to be here at the same time as also Capt. Hide Capt. Scrimshire Mr. Butler Mr. Brooks and Mr. Moore and that the Citizens who gave the Information at the Bar against Colonel Lunsford be required to be here at the same time The Reader may here see the terrible Army under Colonel Lunsford which frighted the Citizens as they pretended in Excuse to the Lords that they durst not go through Westminster-Hall A Committee was appointed to joyn with the Lords Committee for the Petition concerning L. Newport to draw the Petition concerning the Lord Newport viz. Sir Henry Vane Senior Mr. Glyn Sir Edward Hungerford Sir Gilbert Gerrard Sir John Culpeper Sir Thomas Barrington Sir Philip Stapleton Sir Robert Cooke Mr. Strode Mr. Long Sir Benjamin Rudyard and Mr. Hollis The Tumults as the Reader may have observed Tuesday Decemb. 28. begun now to be Frequent Dangerous and Insolent which occasioned his Majesty this Day to Issue out his Royal Proclamation against them as followeth By the KING HIs Majesty taking into His Princely Consideration A Proclamation against Tumults the manifold Inconveniencies and Mischiefs that may arise and happen by the Riotous and Tumultuous Assemblies in and about the Cities of London and Westminster not only to the violation of His Majesties Peace and Scandal of Government but to the Disturbance of His Houses of Parliament now Assembled doth strictly Charge and Command all the Inhabitants of His Cities of London and Westminster and the Liberties thereof and also of the Suburbs and Confines of the said Cities and Places adjoyning that upon no Occasion they do not Assemble themselves in any Tumultuous or Riotous manner in any Part or Place in or near the said Cities or Liberties and that all Perlons now Assembled in any Numbers without his Majesties Authority do forthwith upon Publishing this His Majesties Proclamation dissolve their Assemblies and Companies and repair to their Dwellings or Places of aboad upon their Perils of being proceéded against as Violaters of the Publick Peace of this his Majesties Kingdom and of being punished according to the Severity of the Laws and Statutes of the same Given at Our Court at White-Hall this 28th day of December in the Seventeenth Year of Our Reign God save the King The Lord Keeper was this Day ordered to wait on the King The King to be moved for a Monthly Fast for Ireland and move his Majesty from both Houses of Parliament that a Monthly Fast may be kept throughout the whole Kingdom during the Troubles of Ireland and that his Majesty will be pleased that a Proclamation may issue forth for this purpose and likewise for the keeping of the 20th of January next as a Fast throughout the whole Kingdom except London and Westminster where it hath been already Solemnized Then the Lord Admiral reported the draught of the Petition drawn up by the Committee of both Houses in the Kensington business which was read as follows To the King 's most Excellent Majesty The Humble Petition of the Lords and Commons in this present Parliament Assembled WHereas The Petition of the Lords and Commons about the Kensington business during Your Majesties last being in Scotland the Queens Majesty received Information that at a meeting in Kensington where the Earl of Essex the Earl of Newport and Lord Viscount Say and Seal the Lord Mandevile the Lord Wharton Members of the Lords House the Lord Dungaruen
May it please your Lordships WE have received your Letters of the third of this Instant The Answer of the Lords of the Pale to the Lords Justices Dec. 7. 1641. intimating that you had present occasions to confer with us concerning the present State of the Kingdom and the safety thereof in these times of danger and requiring us to be with you there on the eighth day of this Instant we give your Lordships to understand that we have heretofore presented our selves before your Lordships and freely offered our advice and furtherance towards the particulars aforesaid which was by you neglected which gave us cause to conceive that our Loyalty was suspected by you We give your Lordships further to understand that we have received certain Advertisement that Sir Charles Coot Knight at the Council Board hath uttered some Speeches tending to a purpose and resolution to Execute upon those of our Religion a general Massacre by which we are all deterred to wait on your Lordships not having any security for our safety from these threatned Evils or the safety of our Lives but do rather think it fit to stand upon our best guard until we hear from your Lordships how we shall be secured from these Perils Nevertheless we all protest that we are and will continue both Faithful Advisers and resolute furtherers of his Majesties service concerning the present State of the Kingdom and the safety thereof to our best Abilities and so with the said tender of our humble service we remain Your Lordships humble Servants Fingale Slaine Netterville Lowth Gormanston Dunsany Oliver Trimbleston Decemb. 7. Received 11. 1641. To the Right Honourable our very good Lords the Lords Justices and Council of Ireland For much about this time the Lords of the Pale had entered into a Combination with the Vlster Rebels as appears by the Deposition of Edward Dowdall Esq a Gentleman of the Pale who was present at the whole Management of this Affair and deeply concerned in all their Councels and Actions who Deposed before Sir Rob. Meredith Chancellour of the Exchequer as followeth HE Deposeth The Deposition of Mr. Dowdall concerning the Treaty between the Lords and Gentlemen of the Pale and the Ulster Rebels That some four or five days after the defeat of the English Souldiers at the Bridge of Gellianstown there Issued a Warrant from the Lord of Gormanston to the Sheriff of the County for a general Meeting of all the County of Dulick But the Place of Meeting was afterwards changed to the Hill of Crofty where all the Lords and Gentry of the Country met viz. The Earl of Fingale the Lord Viscount Gormanston the Lord of Slaine the Lord of Lowth the Lord of Dunsany the Lord of Trimblestone the Lord Nettervile And of the Gentry Sir Patrick Barnwall Sir Christopher Bellow Patrick Barnwall of Kilbrew Nicholas Darcy of Plattin James Bath of Acharn Garret Ailmer the Lawyer Cusake of Gormanston William Mallone of Lesmullin Sedgrave of Kileglan Linch of the Knos Lynam of Adamstown Laurence Doudal of Athlumney Nicholas Doudal of Brownstown this Examinates Brother and him this Examinate with a Multitude of others to the number of 1000. Persons at the least whose names he this Examinate cannot for the present call to mind And after about two or three hours spent upon the said Hill of Crofty by the Lords and Gentry aforesaid There came towards them Collonel Mahowne Philip O Rely Hugh Boy Rely Roger Moore Hugh Birne and Captain Fox attended on with a Guard of Musqueteers And this Examinate saith That as soon as the Parties drew near unto the said Hill the Lords and Gentry of the Pale rode towards them and the Lord of Gormanstone being one of the first spake unto them and demanded of them Why and for what reason they came Armed into the Pale Vnto which Roger Moore made present Answer That the Ground of their coming thither and taking up Arms was for the Freedom and Liberty of their Consciences the maintenance of his Majesties Prerogative in which they understood he was Abridged and the making the Subjects in this Kingdom as free as those in England were Whereupon the said Lord of Gormonston desired to understand from them truly and faithfully whether those were not pretences and not the true ground indeed of their so doing and likewise whether they had not some other private ends of their own which being by all denyed upon profession of their sincerity his Lordship the Lord Gormanston then told them Seeing these be your true ends we will likewise joyn with you therein unto which course all agreed And thereupon it was publickly and generally declared that whosoever should deny to joyn with them or refuse to assist them therein they would account him as an Enemy and to the utmost of their Power labour his Destruction And this Examinate saith That after the agreement so made as aforesaid There issued another Warrant to the Sheriff of the County of Meath to Summon all the Lords and Gentry of the County of Meath to be at the Hill of Taragh about a week after and accordingly there met at the same place the Earl of Fingale the Lord of Gormanston and the rest of the Lords and Gentlemen aforenamed together with Sir Thomas Nugent and Nicholas Plunket the Lawyer Birford the Lawyer and a multitude of others and the work of that day was first to make Answer to a Summons made by the State for the calling of the Lords unto Dublin which Answer was brought ready drawn by the Lord of Gormanston and presented by his Lordship and being perused by the said Council at Law was Signed by the Lords The Board having Information that Luke Netterville Esquire George Blackney of Richenhore Esquire George King of Clantarf and others were Assembled at Swoords they sent to charge them upon their Allegiance forthwith to depart and not to unite any more in such a manner as by the following Order from the Board appears By the Lords Justices and Council William Parsons John Borlase WHereas we have received Information An Order of the Lords Justices and Council to dissolve an unlawful Assembly at Swoords Dec. 9. 1641. that Luke Nettervile Esq George Blackney of Rickenhore Esq and George King of Clantarfe Gentleman and other Gentlemen of the County of Dublin with great numbers of Men are Assembled together in a Body at Swoords and thereabouts within six Miles of this City for what intent we know not but apparently to the Terror of his Majesties good Subjects and though considering the unseasonableness of this time chosen for such an act without our privity whatsoever their pretence is a construction might be made thereof to their disadvantage yet we being willing to make an Indulgent Interpretation of their Actions in regard of the good opinion we have of the Loyalty of those Gentlemen who it seems are principals amongst them in that Assembly and conceiving there may be some mistaking in that enterprise we have
meant 447. Information against the Bishop of Bath and Wells 413. of Arms in the Marquess of Winchester 's House 453. of two Irish men from Chester 604. of Collonel Hunks against two Irish men for Listing Soldiers 612. of dangers in Lancashire 650. of a Ship of Frenchmen in Milford-Haven 710. of a Barrel of Gunpowder sent into the Country for a Barrel of Soap 719. that Members of Parliament were the occasion of the Tumults 790. against the Lord Digby and Collonel Lunsford 845. against Serjeant Dendy 888. of O. Cromwell against a Gentleman of Huntingdonshire ibid. of one Wishert that Cardinal Richelieu fomented the Irish Rebellion 897. frivolous Informations a Committee for them 855. Sir Thomas and Sir William Ingram Witnesses in the Case of the Earl of Strafford 83 94. Instructions for the Commissioners for Scotland 451 455. to the Commissioners for disarming Popish Recusants 473. additional Instructions for the Commissioners in Scotland 494 616. debated by the House of Lords 623. Instructions for the Commssioners to treat with the Scotch Commissioners about assisting Ireland 720. approved by the King 723. Interrogatories for further Examination of O Connelly 596. Inigo Jones a Declaration of the House of Commons against him 728. Ordered by the House of Lords to answer 729. his Answer 771. Irish Affairs a grand Committee about them 5. Irish Remonstrance 36 555 561. the condition of the Irish Army in the Earl of Strafford 's time 537. the sad State of affairs there at the time of the Rebellion 627. Irish Nobility and Gentery some kind to the English 634 635. Irish Rebellion the News of it communicated to the House of Commons by the Lords of the Council 513. a Letter about it from the Council in Ireland to the Lord Lieutenant General 514. Proclamation of the Lords Justices to stop it 522. Report of a Conference of both Houses about it 524. an account of some occasions of it 526. c. Words of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon it 540. Relation of it by the Lord Macguire 543. the Rebels their Remonstrance 555. a Manuscript of the Earl of Clarendon 's concerning it 590. Votes and Orders of Parliament relating to it 600 601 603 651 642. Judges their Opinion upon an Exception of the Earl of Strafford 101. upon the Bill of Attainder 192. Articles against them 324. not to Travel on the Lords day 325. their resolution to certain Quaeries about matters in Parliament 374. a Conference about their Impeachment 420. their Opinion concerning a Custos Regni 430. their Report of the Statutes in Force against Riots c. 709. Judges in Ireland their Answer to Quaeries of the Parliament there 575. Dr. Juxon disswades the Kings passing the Bill against the Earl of Strafford 192. K. JOhn Kay a Witness against the Earl of Strafford 58. Lord Keeper craves some time to retire 712. his Letters see Letters Robert Kennyday a Witness against the Earl of Strafford 55. 70. Dr. Ker Dean of Ardagh his Deposition concerning the Calumny thrown upon the King of giving Commission to the Irish Rebels 528. Lord Kilmallock a Witness against the Earl of Strafford 56 57. Kilvert a Patentee 256. Bail'd 475. Lord Kimbolton Impeach'd of High Treason 811. his Speech thereupon 815. moves to be Tryed 835. a Message from the King concerning him and the five Members 848. The King present incognito at the Tryal of the Earl of Strafford 29. his Speech to both Houses concerning the Earl of Strafford 186. his Message to the House of Commons about the Tumults disregarded 189. in great doubt about passing the Bill against the Earl of Strafford 192. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 thereupon 193. he passes it by Commission 195. his Letter to the House of Lords concerning the Earl of Strafford 197. his Answer to the Parliament concerning his Servants 231. passes three Bills 243. his Speech in answer to the Speaker about the Bill for Tonnage and Poundage 308. his Speech at Passing the Bills against Star-Chamber and High-Commission 327. his Manifesto about the Palatinate 383. his answer to the Proposition about Evil Councellors 387. assents to the five Propositions 404. takes leave of his Parliament 438. sets forward for Scotland 439. arrives there 453. his Speech to the Parliament there ibid. his Letter denying to Sign a Commission to the Parliaments Commissioners 468. his reasons for so doing 469. his Letter to the Lord Keeper 497. clear'd of Phanatick Calumnies concerning the Irish Rebellion 528 638. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 thereupon 540. acquaints the Parliament with it 600. his diligence to suppress the Irish Rebellion attested by the Parliaments Commissioners 612. returns from Scotland 675. his Reception in London 675. c. his Speech in answer to the Recorder 676. his Letter shewing his firmness to the Established Religion 683. his Speech to both Houses after his return from Scotland 708. after what manner he receives the Remonstrance of the House of Commons 709. promises to keep his Christmas at White-Hall 712. approves the Instructions of the Commissioners to Treat with the Scotch Commissioners about assistance for Ireland 723. his Speech to both Houses concerning Ireland 738. his answer to the Petition accompanying the Remonstrance 745. his Declaration in answer to the Remonstrance 746. his answer to the Petition about Breach of Priviledge 762. to the Message of the House of Commons about a Guard 803. demands the five Members by a Serjeant at Arms 814. comes in Person to the House of Commons for them 820. his Speech then there ibid. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon that matter 821. a lewd Pamphlet upon the same 830. Sir Robert King a Witness in the Case of the Earl of Strafford 83. Knighthood a Bill to prevent Vexatious Suits about it 309. past the House of Lords 424. Kynaston 's Case 258. L. LAmbeth House Searched for Arms 236. Mr. Lane appointed Council for the Earl of Strafford 10. his Argument in his behalf 153. appointed for Judge Berkley 499. for the twelve Impeach'd Bishops 812. Arch-Bishop Laud takes his leave of the Earl of Strafford 198. a Committee to expedite the Charge against him 265. Lay-Preachers complain'd of 265. reprehended 270. Lecturers the Tools of the Factions 234. an Order for them 477. Captain Legg sent for as a Delinquent 726. Bail'd 775. 780. design'd for Hull by the King stopt by the House of Commons 856. Earl of Leicester Lord Lieutenant of Ireland enabled by Ordinance of Parliament to Raise Men 606. scruples it without the Kings Command 615. 652. Order concerning him 543. 754. Sir Thomas Leighton a Witness against the Earl of Strafford 54. Dr. Leighton a Turbulent Preacher Enlarged 309. Lenthal Speaker of the House of Commons his Letter to Sir Edward Nicholas to get quit of the Chair 713 another 714. See Speaker General Leshly made Earl of Leven 683. Letters of the King to the Earl of Strafford commanding a Proclamation to prohibit the Irish going beyond Seas 75. to the same about the Oath 80. to
the House of Lords concerning the Earl of Strafford 197. to the Lord Keeper denying to pass a Commission for the Parliaments Commissioners 468. to the Lord Keeper 497. to Mr. Nicholas Shewing his resolution to maintain the Establish'd Religion 683. to both Houses about the Prince 889. Letters by Order of either House of Parliament to Sir Jacob Ashley 228. to the Army 235. to the Lord General 441. 445. 453. to the same concerning Hull 448. to the Sheriffs about Pooll-Money 458. to the Lord Generall about Disbanding 461. to the Lords Justices of Ireland in behalf of Sir George Radcliff 464. to the Commissioners in Scotland 494. to the Lords Justices of Ireland 602. Letters of the Lords Justices of Ireland to the Lord Lieutenant General concerning the Irish Rebellion 514. to the Earl of Ormond to persecute the Rebels 538. to the Lord Keeper and Lord Lieutenant of the great Danger there 624. to the Nobility and Gentry informing the Discovery of the Plot 628. to the Earl of Ormond concerning the same 629. to the Lord Keeper and Lord Lieutenant concerning the condition of the Place 661. to the Parliament about the Dunkirkers 784. to the Privy Council 889. to the House of Commons 892 893. to the Lord Lieutenant 900 901 902 911. to the Speaker of the House of Commons 903. to the Lords of the Pale 906. Letter of the Earl of Strafford to the King desiring him to pass the Bill against himself 190. from Newcastle read in the House of Lords 337. of Mr. Percy to the Earl of Northumberland 286. of Father Philips to Mr. Mountague in France 315. of the Queen of Bohemia of thanks to the Parliament 411. of the Speaker of the House of Lords of Ireland to the House of Lords of England gives offence 417. of the Earl of Holland about Disbanding 457. of the Lord General to the Parliament 469. of the Lord Howard about a Conspiracy in Scotland 488. of Sir William Cole to the Lords Justices just before the Discovery of the Rebellion 519. of the Earl of Strafford concerning the State of the Army in Ireland 537. of Sir Henry Vane to the Lords Justices of Ireland 565. of the Lord Howard to the Lord Keeper 603. 612. those from France and Antwerp stopt 615. of the Earl of St. Albans about Affairs in Ireland 686. of Sir J. Temple concerning the same 7â—1 Letters of a Plot against the House of Commons 836. a conjecture at the Writer 837. Letters to one Mr. Crofts ordered to be opened 847. of Sir Phelim O Neal to Sir William Hamilton 895. of one Roche intercepted 896. of the Inhabitants of Longford to the Lord Dillon 898. of Collonel Monk to the Lord Lieâ—tenant of Ireland 919. Letters from Foraign Parts ordered to be opened 247. 307 523. Licence for Raising men for the Dutch Service 723 724. Lie given to a Peer is a Breach of Priviledge 380. Lilburn Votes in his Favour 211. Bishop of Lincoln gives Offence to the House of Commons 477. List of the Prime Papists desired by the House of Commons to be secured 662. debated by the House of Lords 667. of the principal Irish Rebels 888. Robert and Thomas Little Witnesses for the Earl of Strafford 54. 70. Locumtenens see Custos Regni Sir Adam Loftus a Witness in the Earl of Strafford 's Case 58 61 78. Bishop of London a Witness in the Case of the Earl of Strafford 82. released of Tenths upon the Poll-Bill 780. Londoners Petition against the Earl of Strafford 160. mov'd to lend Money 236. 407. 411. 595. 597. their Controversie with the Lord Mayor about the Election of a Sheriff 318 319. 407. 409. referred 413. 445. determin'd pro hac vice 456. are Mutinous 459. Petition for a Fast 463. and against Bishops Votes c. 733. and for displacing Collonel Lunsford Lieutenant of the Tower 773. Londonderry in Ireland Votes about it 461. Justice Long sent to the Tower for placing a Guard about the Parliament House without their knowledge 732. released 772. William Long a Witness against the Earl of Strafford 54. Longford the Inhabitants there their Letter to the Lord Dillon 898. Lords-day Idoliz'd by the House of Commons 325. 436. 777. Lords House Interpreters of Acts of Parliament in Parliament time 625. Lords sent for by the King not permitted to go by the House of Lords 836. Lorky a Witness against the Earl of Strafford 74. Roger Lott a Witness against the Earl of Strafford 59. Sir Gerard Lowther Articles against him 570. Sir Thomas Lucas a Witness in the Case of the Earl of Strafford 86. M. LOrd Macguire 's Relation of the Irish Rebellion 543. Mac-Mahon his Examination and Confession about the Irish Rebellion 521. Managers of the Cause against the Earl of Strafford 29. deny reasonable time for answer 40. 54. 81. 100. Earl of Manchester 's Manuscript Memoires cited 206 209 272. 427 689. Manifesto of the King about the Palatinate 383. Sir Philip Manwaring a Witness for the Earl of Strafford 78 81. Marches of Wales a Bill about them 394. Mariners a Bill for raising them 236 237. 243. Marshal Ordered to Preach before the House of Commons on the Thanksgiving-day 467. and on the Fast-day for Ireland 756. receives the thanks of the House and a Piece of Plate of 20 l. 775. Maynard appointed a Manager of Evidence against the Earl of Strafford 29. his Speech against the Earl of Strafford upon the first Article 48. one of the Commission to expedite the Charge against the Arch Bishop of Canterbury 265. Lord Mayor of London quells a Tumult about the Spanish Ambassadors House 187. his with the Aldermens c. Petition to the King about his going to the House of Commons 841. Maxwel a Witness against the Earl of Strafford 78. his rudeness why not taken notice of by the House of Commons 195. searches for Priests 651. Bishop of Meath an Account of him 535. Memoirs of the Earl of Manchester cited 206 209 272 427. 689. Memorial of the Venetian Ambassador about breaking open his Pacquet 640. Memorials from the Scotch Commissioners 440. Mr. Audly Mervin 's Speech at exhibiting Articles against Sir Richard Bolton 566. Message of the King to the House of Commons concerning the Tumults disregarded 189. to the House of Lords concerning the same 210. to the House of Commons concerning the Lord Cottington 236. to the House of Lords concerning Disbanding the Army 314 318. to the House of Commons about the Queen Mother 329. to the same concerning the Officers of Star-Chamber 368. and about a Priest of the Venetian Ambassador 394. to the House of Lords concerning Commissions 410. to the same about Soldiers for the Spanish Ambassador 457. to the same concerning Guards 684. to both Houses about the Scots Commissioners and some Priests interceded for by the French Ambassador 719 731. to the House of Lords concerning Voluntiers for Ireland 787 789. to the Lord Major c. of London to suppress Tumults 804. to the House of
Chapters 298. about the Palatinate 379. against parting with the Disbanded Soldiers 465. two Speeches of the Lord Newark concerning Bishops 251. of the Lord Say against Bishops Votes 266. of Sir Henry Vane against Episcopaâ—â— Government 276. of William Thomas against Deans and Chapters 282. of Mr. Pury against the same 289. of the Speaker of the House of Commons to the King at passing the Bill for Tonnage and Poundage 307 706. and of the Bill for Poll-money 326. of Sir Simon D'ewes about the Poll-Bill 322. of Sir William Parkins against Bishop Wren 330. of Sir William Pierrepoint at the Impeachment of Sir Robert Berkley 332. of Mr. Hide at delivering the Articles against the Lord Chief Baron c. 343. of Mr. Waller at the Impeachment of Mr. Justice Crawley 349. of Mr. Hollis in behalf of Sir Randal Crew 365. about the Palatinate 378. in justification of the Votes for taking the Protestation 416. of Sir Simon D'ewes about the Palatinate 368. of Sir Thomas Widdrington at delivering the Articles against the Bishop of Ely 395. of Pym at a Conference about Excluding the Bishops Votes in the case of the thirteen impeached 500. of Mr. St. John about the same 501. of Audley Mervin at exhibiting Articles of Treason against Sir Richard Bolton 556. of Pym against Evil Councellors 619. of the Recorder of London to the King upon his return from Scotland 675. of the Lord Kimbolton at his Impeachment 815. of Hamden at his 817. of Mr. Grimstone concerning breach of Priviledge 825. of Glyn about the same 827. of the Earl of Monmouth about fears 849. of Sir Philip Stapleton concerning the Lord Digby and Collonel Lunsford 870. of Mr. White against the Bishops 885. formal Speeches declared unparliamentary by the House of Lords 265. Stanneries for Court Sir Philip Stapleton a Witness in the case of the Earl of Strafford 92. Statute of 〈…〉 cited 97. Star-Chamber a Bill for taking it away 258 324. past 271 327. a Message about the Officers of it 368. a Report about them 389. Earl of Strafford a short account of his rise 2 3 4. inveigh'd against in Parliament by Sir John Clotworthy 5. advised to withdraw 6. Impeach'd by the Commons 7. taken into Custody 8. sent to the Tower 10. his Answer to the Impeachment 20 to 27 brought to his Tryal 29. his several Defences see Defence taken with a fit of the Stone 100. Bill of Attainder against him 103. past by the King 195. he Petitions for his Children 196. his carriage at his Death 198. his Speech upon the Scaffold 199. Epitaphs upon him 204 205. his Wife and Children interceeded for by the House of Lords 237. his Death of what miserable consequence to Ireland 537. Lord Strange his Letter of dangers in Lancashire 650. Strangers by Proclamation commanded to depart Dublin and the Suburbs 637. Sir John Strangeways his motion against Tumults slighted 259. Sir Robert Strickland a Witness in the case of the Earl of Strafford 93. Strode one of the Committee to prepare a Charge against the Earl of Strafford 7. impeach'd of High-Treason 811. Subsidies six the Bill for them past 243 Subsidies granted by the Clergy 391. Summary of Evidence against the Earl of Strafford 104. Superinduction to a Rectory a Case upon it 511. T. COllonel Taaf committed by the House of Commons 785. Mr. Taylor an honest Burgess of Windsor expell'd the House and committed to the Tower 257. discharged 286. Sir John Temple his Letter from Ireland 371. Term abbreviated 238. Thanks ordered to the Queen by the House of Commons 405. to the Earl of Bristol by the House of Lords 430. to the Lord General by the same 496. to Calamy and Marshal by the House of Commons 775. by the same to the Train'd Bands Sheriffs and Major Skippon 838. to the Inhabitants of Bucks 884. to the Scots Commissioners 887. William Thomas his long Speech against the Bishops 211 to 226. another Speech against Deans and Chapters 282. Thorp a Witness against the Earl of Strafford 53. Tobacco two Proclamations of the Earl of Strafford about the Sale of it 66. Toleration of the Popish Religion in Ireland Votes and Debates about it 737 754. Tonnage and Poundage a Bill for it 257. 294 308 381 383 447 687 708. Fower of London a Conference about the Lieutenant there 773 778 Order of the House of Commons about it 775. their Declaration upon it 778. The Constable desired by the House of Commons to reside there 780. a Message to the House of Lords about it 835 844. Trained Bands raised to guard the Parliament 492. those of Westminster their Petition to the House of Commons 839. Earl of Traquair a Witness in the case of the Earl of Strafford 82. Treaty between the Lords c. of the Pale and the Ulster Rebels 907. with the Irish Rebels proposed 917. Tredagh opportunely garrison'd 636. Relief for it unfortunately defeated 905. Mr. Baron Trevor impeach'd by the House of Commons 343. Articles against him 352. Mr. Trevor ordered to be of Council for the Bishops 648. Tryal of the Earl of Strafford the manner agreed by both Houses 36. Tumult about the Spanish Ambassadors House 187. another on a ridiculous occasion 192. a Conference about them 245. Order of the Lords about them 246. Tumults about the Queen Mother 247. disturb people at the Communion 271. Order about them 275 291 393 395. Tumults about the French Ambassador 468. Order about them 476 603 692 856. Judges report the Statutes in force against them 709. But they are favour'd by the House of Commons 709. disavow'd by the Common-Council of London 712. 803. more Tumults 781 788 789 792. a Committee of the Lords to consider upon them 781. still favour'd by the Factious Commons 784 790 792 838. a Proclamation against them 786. Message from the House of Commons about them 789. Tumultuary Petitioning encouraged by the House of Commons 735. Sir Arthur Tyrringham a Witness for the Earl of Strafford repels the Irish Rebels at Lisnegarves 906. V. SIr Henry Vane Enemy to the Earl of Strafford and why 3. a Witness against him 82 83 84. his Speech against Episcopal Government 276. his Letter to the Lords Justices of Ireland 565. Sir Henry Vane junior produces a Paper pernicious to the Earl of Strafford 103. an Account of it 208. Captain Ven a godly Complainant 496. Venetian Ambassador a Priest of his Retinue imprison'd 394. he complains of the breaking open his Pacquet 640. Answer of the House of Lords 1641. his reception of it 643. a Message from him 655. Vintners Case against Alderman Abel and Kilvert 256. Voluntiers come in for Ireland 772. Message from the King about them 787 789 793. Votes of both Houses concerning the Irish Affairs 600 642 643 729 755 762 772 778 791. concerning Breach of Priviledge 741. Votes of the House of Lords upon debating the Bill concerning the Bishops 255. against the New Canons c. 285. concerning the Council at York 388. about
the Impeachment of the Bishops 448. concerning the Commons Declaration 483. Votes of the House of Commons after the hearing of the Earl of Strafford 152. upon the Bill of Attainder 157. in favour of Lilburn 211. against Mr. Finch Vicar of Christ-Church London 233. Mr. Ashton Vicar of Painswick 238. Dr. Uty Rector of Chigwel 246. the Scots desire of Vniformity in Religion between the two Kingdoms 246. Walker a Factions Preacher 250. Captives at Algiers 254. in favour of the Scots 255. about the Customers 258. Collonel Goring 272. the Council Board 324. one Faunt 324. Bishop Wren 330. Priviledge in the Case of Hollis 331 373. the Palatinate 373. Ambassadors entertaining Priests Natives of England 373. Bill for abolishing Episcopacy 380. Papists ibid. the Manifesto 386. Lord Digby 's Speech 389. the Conspiracy to seduce the Army 407 408. a Vice-Roy in the Kings absence 412. taking the Protestation and Impeaching the Bishops 415. Commissioners to be sent into Scotland 439. one Small a Minister 446. one Cooper 454. London-Derry 461. disbanded Souldiers 466 495. Communion-Table 475. their Declaration 483. the Soap business 512. selling Protections 596. Collonel Lunsford 780. Earl of Bristol 793. the Bishops their Petition and Protestation 796. Sealing of some Trunks c. 813. a Committee at Guild-Hall 823. the Lieutenant of the Tower 846. the Attorney General 874. Vox Populi a Libel against Bishops and Common-Prayer 807. Arch Bishop Usher present with the Earl of Strafford at his Death 198. an Abstract of his opinion of the Apostolical Institution of Episcopacy 279. ordered to Preach before the House of Lords on the Fast day for Ireland 754. Dr. Uty Voted a Scandalous Minister 246. W. WAde a Witness against the Earl of Strafford 74. Waferer a Clergy-man in Custody released 244. Waldron a Witness against the Earl of Strafford 58. Walter a Factious Preacher restor'd by the House of Commons 250. Walker a Phamphleteer against Bishops sent for 763. Wall a Door-keeper committed to the Fleet 650. released 655. restored to his place 660. Mr. Waller 's Speech at the Impeachment of Justice Crawley 349. Elias Walley sent for as a Delinquent 245. P. Walsh his Narrative of some matters moving the Irish to Rebel 557. Sir Edward Warder a Witness in the Case of the Earl of Strafford 39. accused for a Conspiracy to seduce the Army 232. Warrant from the King to the Earl of Strafford to make use of 40000 l. of the Treasure 42. of the Earl of Strafford to the Bishop of Down concerning Contemners of Ecclesiastical Jurisdiction 63. of Sir William Peniman to his Serjeant Major to raise Money 93. of Sir Edward Osborn to Levy Money 98. of the King to Sir John Byron Lieutenant of the Tower 845. Watch ordered by the House of Commons to be doubled 794. Welch Petition 317. Sir â—â—nth Welden a Conjecture concerning him 838. Welch a Witness against the Earl of Strafford 70. Christopher Wendeford Esquire made Lord Deputy of Ireland 560. dies 564. Wentworth see Strafford Sir George Wentworth a Witness for the Earl of Strafford 57. present upon the Scaffold at the Execution of the Earl of Strafford 199. Weston Lord Treasurer his acquaintance with Sir Thomas Wentworth 3. Mr. Baron Weston impeached 343. Articles against him 356. Lord Wharton a Witness in the Case of the Earl of Strafford 93. Mr. Whitacre sent to the Tower for breach of Priviledge 3â—4 White Chairman of the Committee for scandalous Ministers 233 238 246. one of the Committee to expedite the charge against the Arch-Bishop of Canterbury 265. his Speech against Bishops 885. Whitlock sent to the Lords by the House of Commons to aver the accusation of the Earl of Strafford 36. one of the Committee to expedite the Charge against the Arch-Bishop of Canterbury 265. Sir Thomas Widdrington carries up the Articles against the Bishop of Ely 329. his Speech at the delivery of them 395. Sir William Widdrington sent to the Tower by the House of Commons about Candles 272. discharged 288. Wife and Children relieved against a Husband refusing to Cohabit 381. Isle of Wight a motion of the House of Commons that it be put into safer hands 524 608 650. their reasons 655. Bishop Williams a Witness against the Earl of Strafford 89. Wi. Williams called to answer breach of Priviledge bailed 377. Mr. Williamson in Custody for a Sermon bail'd 780. Sir Francis Willoughby Governor of Dublin Castle 628. Lord Wilmot a Witness for the Earl of Strafford 60. Commissary Wilmot sent to the Tower on suspition of Treason 288. bail'd 377. voted guilty of Misprison of Treason and expell'd the House 725. Marquess of Winton an Information of Arms in his House 453. has leave to sell them 600. Bishop of Winton disclaims the Petition and Protestation of the Bishops 799. Sir Thomas Wiseman a Witness against the Earl of Strafford 89. Wishert 's information that Cardinal Richelieu fomented the Irish Rebellion 897. Witnesses examined against the Earl of Strafford 11 35 36 53. Toby Wood Committed to Newgate for Treasonable words 817. Lady Wotton a Recusant Peeress an Order about her 420 457. Sir John Wray smells Gun-powder 192. Bishop Wren Articled against 329. the Articles 398 releas'd of Tenths upon the Poll-Bill 780. Writts of Error an Order about them 272. FINIS
Estate sufficient to maintain his Quality in the Rank of Reputation which he held in the World but he was also born with a Mind so Great and Generous and a Genius so Elevated above the Lower Orb wherein he moved as could not suffer him to continue long in that safe Obscurity of a private Gentleman King James dying left his Son a Discontented State and an Empty Treasury two Misfortunes then which no Prince can well be supposed to have greater Necessitous Princes having ever been forced to part with a great measure of their Prerogative to inable them to keep and support the remainder and King Charles the First coming to the Crown found it stuck with Thorns instead of many of those Jewels which had adorned the Temples of his Royal Predecessors To Extricate himself out of those Difficulties he Summons a Parliament and layes before them the Necessities of the Crown and demands their assistance by Supplies of Money for managing the Palatinate Warr in which they had involved his Father and which with the Crown was devolved upon him but the Commons instead of Money presented him with Two Petitions one about Religion the other about Grievances and in the Conclusion they fell severely upon the Duke of Buckingham who by reason of the Great Favour of his Prince was fallen under the Popular Envy and Hatred and the Debates running very high the King Dissolved the Parliament and a Second being in the same strain and no Money to be had had also the same period of which the Reader will receive a more full Account in the Introduction to these Historical Collections whither to avoid Repetition he is referred The Necessities of the King daily increasing recourse was had to Extraordinary Methods of raising Money and among the Rest that of Loan by virtue of a Warrant under the Privy Seal to Gentlemen of Estates was made Use of and one of these Seals being sent to Sir Thomas Wentworth for 40 l he declined the Payment of the Money as intrenching upon the Property of the Subject whereupon he was confined as were several other Gentlemen upon the same Occasion By which suffering he became Exceeding Popular and look't upon as a Confessor for the Liberty and Property of the People and in the Following Parliament whereof he was a Member and in which he began to display his great Parts and Abilities upon this Occasion he came to be much taken notice of and observed even at the Court as a Person of uncommon Abilities and the gaining of him to the Kings Interest was by those who managed the Publique Affairs thought might contribute much to the advancement of the Kings Interest and Service But how unsuccessful this Procedure of gaining Men of Ability by Preferments and rebating the Edge of Popular Spirits by Honors and Advancements to Places of Trust proved to the Interest of the King not only the Event but Reason upon which it is Naturally Founded does most plainly manifest for Ambition or the natural Desire of Honour becomes hereby a perfect Hydra and the Prince cannot sooner remove one Head but immediately another rises in the place and at the same time that a Popular Opponent is converted by Court Preferment he becomes the Envy of all those whose Party he seems to have abandoned and the greatest Abilities and real Services he shall render to his Benefactor will not only be ill represented but by how much the greater his Interest Power and Abilities are by so much will he be Esteemed more dangerous and in proportion both Envy'd and Hated However it seems these were not the Sentiments at that time of those who managed the Affairs of State for a Train was laid for an Interview between Sir Richard Weston then Lord Treasurer and afterwards Earl of Portland and Sir Thomas Wentworth which being Effected the Interview begot an acquaintance and the acquaintance in a little time grew to a most Firm and Solid Friendship Great Minds being with little Difficulty invited to and Established in those Generous Friendships which are begotten not out of Wantonness or trifling formality but by the inward harmony and likeness which Noble Souls quickly discover in Each other It happened that in some of the divertive Entertainments of their agreeable Conversation these Two Great Men falling upon the Discourse of the Popular Humor in the Commons House which the Lord Treasurer wisely judged could never either portend or promote any real advantage to the Nation Sir Thomas declared himself to be in his Judgment an absolute Enemy to the consequences and dreadful Effects which usually attend Popular Commotions and disturbances which generally produce the very same or worse miseries then those which they pretend to redress and pursuing his ingenious discourse he offered some Expedients so rational and persuasive towards a Mediation and Reconcilement of the present Differences and some things so apposite to the present juncture of Affairs as Extremely raised the value of his Prudence and Wisdom in the Esteem of the Lord Treasurer who daily discovered more and more the penetrating Abilities of his Mind mingled with a solid firmness of Reason and Judgment It will easily be believed that the Lord Treasurer having as he could not but conclude found a Jewel fit for a Princes Cabinet was not backward in representing Sir Thomas Wentworth to his Majesty with a Character no ways disadvantagious to him nor was there any great difficulty to introduce him into his Majesties Esteem and Favour who was already possessed with a belief and knowledg of his Merit and how serviceable a Person of his Interest and Qualifications might be to his Affairs He was no sooner come under the warm influence of Majesty but he was made sensible of the Beams of Honour which are derived from the Royal Fountain of it and in a little time he was created Baron Wentworth and the Ascendant of his wisdom daily gaining upon his Majesties Favour and Esteem he was shortly advanced to the Honour of Viscount Wentworth of Wentworth Woodhouse made one of his Majesties most Honorable Privy-Council Lord Lieutenant of the County of York and Lord President of the Court and Council of the North. And here give me leave to mention a little and in appearance a trifling accident of Honour which proved the great if not the only occasion of his Ruin among the rest of his Honours he had the Title of Baron of Raby an Honour to which Sir Henry Vane one of his Majesties Secretaries of State who was possessed of the Castle of Raby and the Demeasns thereunto belonging had some pretensions and was not a little ambitious of but being overshadowed by this lofty and spreading Cedar he was so stung with the disappointment and so thirsty of Revenge that though he warily smothered his Resentments yet he was ever an Enemy to this Noble Lord and as it appeared for his sake to his Royal Master and as it may from hence be not improbably conjectured judging himself far more
till they were paid Henry Dillon affirmed That in my Lord of Cork's Tyrringham and Lord of Ely's time he had Warrants from them and the Council to gather money by laying Soldiers till it was paid Sir Arthur Tyrringham averred That by Warrant from the Lord Faulkland he had laid Soldiers upon a Debtor Lord Ranulagh till the Debt was paid but does not know whether it was the King's Debt Lord Ranulagh attested that it was the practice of the Lord of Cork and Ely to give Acquittances out of the Exchequer to Captains who if the money was not paid assessed Soldiers on the defaulters Then the Earl offered to prove That it was the desire of the Gentry themselves it might be so in the Lord Faulkland 's time but it was by Mr. Palmer agreed him from whence my Lord inferred That it disabled the first part of the Killing Charge That he should Traiterously and wickedly devise to subdue the Subjects of that Realm by levying Money on them The Earl then desired the 2d Article of the Lord Faulkland's Instructions might be read which was in haec verba For the Collecting of our Rents in cases of default that 1. a summoning Process shall Issue 2. The Pursivant sent 3. If this be not sufficient in case the same be not levyed then our Vice-Treasurer by Warrant of our Deputy and Council shall appoint a competent number of Soldiers of the next Garrison to be aiding to collect the Rents at the Charge of the Parties complained of having care that no man be burdened with a greater number of Soldiers than the Service shall necessarily require At Mr. Palmer's desire the first Article was read viz At the humble Request of Our Subjects We are graciously pleased to direct for the better preservation and ease of Our Subjects the Soldiers shall be called in c. and from what had been proved the Earl inferred That it could not be High-Treason for the King's Service to follow the King's direction and the constant practise of his Predecessors that he brought not the Custom in but found it there and that by Proclamation under the hands of the whole Council it was done for the Ease of the Countrey To the Testimony of Berne and Kenedy of the abuse of the Soldiers 1. he was not then in Ireland 2. he denies he ever gave Pigot such a Warrant and there is no proof of it That Pigot 's threatning Clear with a Warrant is no argument men often threaten most when they have least to shew Kennedy sayes he never saw the Warrant Savil 's Warrant is not produced that this great and mighty War on the King and his Subjects is one of the poorest Wars in Christendome for last Summer one sayes he knew Soldiers laid on one man that it was never complained of all the time he was in Ireland that the Warrant was to procure obedience to all the King's Courts Savil. and to secure the King 's Right He desired Savil might be demanded whether the Warrant granted him was not agreeable to former Precedents who affirmed his Predecessor told him he had received such a Warrant from the Lord Faulkland to sess Soldiers on the Land of Sir Thomas Fitzgerrard Henry Dillon attested Dillon that the Serjeant at Arms was an Officer as well to the Exchequer as Chancery and the last process is Attachment by the Serjeant as well between man and man as for the King Here Mr. Palmer speaking something which my Lord looked upon as an Interruption he desired no hasty words might be misinterpreted he speaking for his Life and Family and that the Gentlemen would do well not to put him out of his way but let him speak those few poor things he can for himself He then added that some wayes he is more qualified then an ordinary Person having the Honour to be his Majestie 's Deputy that by his Commission he was to govern according to the Customs of the Realm and this was Customary by all the former Governours that had it been Levying War there is a Statute 10 H. 6. c 17. Enacting That there shall be no War or Peace in the Land without the Deputie's Licence but all War or Peace to be made by the Lieutenant for the time being And as to the Stat. 18 H. 6. c. 3. That no Lord or other shall charge the King's Subjects c. 1. He hath heard it said that the King cannot be concluded in any Statute unless he be particularly named and consequently not his Chief Governour 2. He shall not lead or bring He hath done neither the Serjeant did it though under his Warrant 3. It speaks of bringing English Rebels or Irish Enemies c. But such are not the King's Soldiers sent to apprehend refractory Persons and for the King's Honour and Service 4. Practice is the best interpreter of Laws and notwithstanding this Statute the Governours have alwayes assessed Soldiers That it would be a hard Case that such an Old Law should be started contrary to Practice to destroy him and his Posterity but he believes he shall prove that Statute Repealed First By the 8 Ed. 4. c. 1. which Enacts That from the Sixth of March then next all Acts made within the Kingdom of England shall be in force in Ireland from the said time This therefore ratifies the Statute of 25 Ed. 3. which is the Statute of Treason and the Statute of 1 H. 4. which sayes nothing shall be Treason but what is within the Statute of 25 of Ed. 3. which repeals the 18 of H. 6. Secondly By the 10 H. 7. c. 29. whereby all the Statutes made in England before that time are made Laws in Ireland and all Laws contrary to these Laws are repealed but the Law urged is against 25 Ed. 3. 1 H. 4. and consequently repealed Next he produced a Statute of 11 Eliz. c. 7. for taking away Captains Ships and that none of the Great Men shall make War or Peace c. Sess nor lead the People without the Great Seal or Warrant from the Lord Deputy so that here is a power in the Deputy to assess c. without being a Traytor That to the Clause of 25 Ed. 3. if any man levy War against the King in his Realm or adhere to his Enemies c. he appeals to their Lordships as in their own Case whether 2 or 3 poor Soldiers sent to bring an Offender liable to the King's Justice can by any construction be levying War against the King and his People or rather for the Honour and Authority and Justice of the King and not adhering to his Enemies but this point of Law he desired to refer to his Council to urge for him with more advantage than he could himself being out of his profession To this Mr. Palmer replyed That there can be no Custom or legal usage Managers reply contrary to an Act of Parliament that those usages were by consent but this of my Lord 's against
ready to assist His Majesty in any other way Sir Robert King deposed to Sir George Ratcliff's words about 30000 men and 400000 l and that the King could not want Money Sir Rob. King he had an Army The Lord Ranulagh deposed to the same Effect concerning Sir George Radcliff Lord Ranulagh Sir Tho. Barrington deposed Sir Thomas Barrington That on private discourse about the Parliament Sir George Wentworth said The Commonwealth was sick of Peace and will not be well till it be Conquered again Sir Robert King further said That the Lord Ranulagh was displeased at Sir George Ratcliff 's words conceiving it was an intention to raise Money forcibly in England and that they must turn their Swords upon them from whom they were descended and cut their Throats for their own Safety which the Earl confirmed by offering to sell the said Lord his Estate in Ireland though he thought they would be quieter there than in England From whence the Managers inferred his Design was against England To prove this Design Sir Tho. Jermin deposed Sir Thomas Jermin That he heard my Lord Strafford say something of the Parliaments forsaking the King The Earl of Bristol deposed The Earl of Bristol That discoursing of the Distractions of the Times the Mutiny of the Soldiers and Danger of a War with Scotland he proposed the Summoning a new Parliament as the best way to prevent those Desperate Vndertakings which discourse and his Reasons my Lord Strafford seemed not to dislike but said He thought it not counselable at that time in regard of the slow Proceedings of Parliaments and the real and pressing Dangers and that the Parliament had refused Supplies and therefore the King was to provide for the Safety of the Kingdom Salus Reipublicae being Suprema Lex and that the King must not suffer himself to be mastered by the stubborness and undutifulness of his people or rather Stubberness and disaffection of some particular men meaning some Members of Parliament as he conceives being discoursing of the Parliament The Lord Newborough deposed That he heard words to this Effect Lord Newborough That seeing the Parliament had not supplyed the King His Majesty might take other courses for Defence of the Kingdom But thô he cannot swear the Earl spake these words Earl of Holland he verily believes he heard him speak something to that purpose The Earl of Holland deposed much to the same Purport Then they proceeded to the 23. Article and the Examination of the Earl of Northumberland was read That in case of Necessity for Defence of the Kingdom if the People refuse to Supply the King the King is absolved from Rules of Government and that every thing is to be done for the Preservation of the King and his People and that by some discourses to His Majesty he believes if the King was not supplyed by Parliament some Course was intended to raise Money by Extraordinary wayes but that the Irish Army was to land in the West of Scotland and he hath not heard that these Forces were to be imployed in England to compel or awe the Subjects to pay Taxes imposed Sir Henry Vane deposed Sir Hen. Vane That upon debate of the Question Whether Offensive or Defensive War the Earl said Your Majesty having tryed all wayes and being refused in case of Extream Necessity for the Safety of the Kingdom you are loose and absolved from all Rules of Government you are acquitted before God and Man You have an Army in Ireland you may imploy it to reduce this Kingdom But he will not interpret whether my Lord meant England or Scotland but afterwards he said positively to reduce this Kingdom applying it to England Mr. Whitlock summed up the Evidence That it was clear my Lord of Strafford had a strong Design and Endeavour to Subvert the Fundamental Laws and Government of England and to bring in an Army upon us to force this Kingdom to submit to an Arbitrary Power That he would not aggravate these words which were to allay them having in them more Bitterness and Horror than he is able to Express After some little pause The Earl's Defence the Earl made his Defence And first to the Earl of Traquair's Deposition the said Earl sayes That it was the Resolution of the Council-Board and that he gave his Vote among the other Lords That if the Commissioners of Scotland gave not Satisfaction the King might put himself into a posture of War So that his Opinion was the same with the rest and he thinks himself in great Safety having the Concomitant Opinion of so many wiser Persons than himself And for the Earl of Moreton 's Deposition he hopes when the Council of England had resolved it it was no great Crime for him to say That the unreasonable Demands of Subjects in Parliament was a good ground for the King to put himself into a posture of Defence and for his saying it was not Religion but the Root of Government they strook at that he thinks he and every man that thought so had reason to say as he did As to Sir H. Vane the War being resolved and whether Offensive or Defensive the Question he hopes it is not Treasonable for a Privy Councellor to give his Opinion according to his Conscience to do so being their Duty and according to their Oaths and that he was as free to give his Reasons one way as any other person another As to the seizing the Ships Barnwell 's Testimony is only by hearsay but he will inform their Lordships by proof that the Scots Ships were stayed by the Lord Admiral 's Warrant which Mr. Slingsby attested so that the Earl said it might appear he was no such Stirrer or Incendiary between the King and his Subjects as he was represented To the 21 Article and the Lord Primate's Examination about the King 's using his Prerogative it is but singularis testis and only in way of Argument but that the words fairly construed and clearly understood have no ill sence for the King may use his Prerogative as he pleases because the King's Pleasure is always just and to think the King will use his Prerogative otherwise were a high Offence or to think he will use his Prerogative otherwise then as befits a Christian and Pious King To my Lord Conway 's Testimony That the King might help himself though it were against their Will He answered That to help a man's self is Natural for Self is the last Creature that leaves any person and what is natural to every man is so to the King who is accountable not only for Himself but his People To Mr. Secretary Vane 's Testimony That if the Parliament should not succeed he would be ready to assist His Majesty any other way He sees not where the heynousness or venom of the words is to endanger his Life and Honor and he conceives Mr. Treasurer said as much and the Wayes the King could command
in his Examination denies absolutely his hearing any such words he sayes indeed he conceives there was intended some Extraordinary wayes of raising money which my Lord Strafford sayes was meant of borrowing 3 or 400000 l. my Lord Marquess Hamilton remembers no such words Then he desired the Lord Treasurer might be examined who averred he never heard my Lord Strafford speak any such words The Lord Cottington averred the same only he heard my Lord Strafford say The Parliament had not provided for the King or had left the King without money which was no more then truth And to the extraordinary wayes That my Lord said the King ought to seek all due and legal wayes and use his Prerogative Castè Candidè and so my Lord concluded That Mr. Secretarie's at most was but a single Testimony of Words which by the before recited Statute requires two sufficient Lawful Witnesses or the voluntary confession of the Party He desired that the Antecedents and Consequents of his words might be taken together and that being spoken of a Case of extreme necessity and the King 's using his Power candidè caste and they would not with those restrictions and limitations with which he spake them he hoped appear so criminal And forthis purpose he desired the Earl of Northumberland's Examination might be read which was That he heard the Earl of Strafford often say That that Power was to be used Candidè Castè and an account thereof should be given to the Parliament that they might see it was only so used That further the Earl of Strafford said That the Kingdom could not be happy but by good agreement between the King and his People in Parliament The Marquess of Hamilton also being Examined attested the same and that heard him speak those words both before and after the Parliament and that it was upon the Occasion of his informing the King that the Scottish Army would certainly invade England Lord Goring and Sir Thomas German attested to the same Effect Lord Treasurer said he remembered the words but not the particular occasion He then added That as this was his meaning so it was cleared to be so by the subsequent Actions for nothing had been done upon it against the Laws and Customs of the Realm that these words were spoken in full Council where he was upon Oath to speak his Conscience and had he not done so he must have been perjured and if he must be either perjured to God or a Traytor to man he had learnt to fear him who can destroy both Soul and Body and not Man who can only kill the Body That it was but his Opinion if held pertinaciously may make a man a Heretick not a Traytor yet he was not pertinacious he pressed it no further nor was any thing done upon it He further desired their Lordships to consider the great Trusts and Thoughts they were born and bred to for the weighty imployments of the Kingdom but this would disable and discourage men from that service if a Councellor delivering his Opinion shall upon mistaking or not knowing the Law be brought into Question for his Life and Honour and Posterity and that few Wise and Noble Persons would upon such unsafe terms adventure to be Counsellors to the King humbly beseeching their Lordships to think of him so as not to bring an inconvenience upon themselves and Posterity To this Mr. Whitlock replyed That whereas my Lord Excuses his words as being only concurrent with the Vote of Council it is evident some were of another Opinion Managers reply That whereas he sayes he therefore gave advice conceiving the Scots Demands strook at the Root of Government it is plain they did not being since by Royal Assent made Acts of Parliament in Scotland it was his Resolution his Advice there should be an Offensive War For staying the Ships they will not insist upon it For his saying The King 's helping himself was a Natural Motion to do it against the Will of the Subjects was a Violent Motion and his Lordships Design and for helping the King in other wayes if the Parliament were Dissolved he was willing it should be so by proposing Supplies before Redress of Grievances and before a Resolution Whether they would give to inform against the Parliament by mis-information and for the Parliament of Irelands Resolution and Declaration it was by his procurement being Chief Governor there And for Vsing the Army against England admitting the primary Intention were to land them in Scotland but when the Army was landed his Intentions might change and it seems it was by his labouring to perswade the King to make Vse of it to reduce this Kingdom That no Answer was given by my Lord to those words That the King was not to be Mastered by the frowardness of his People c. That notwithstanding the Stat. of Ed. 6. it is High Treason to advise the Destruction of the King and though the words in themselves are not Treason yet as they declare an Intention of Subverting the Laws and Government of the Kingdom they are That Mr. Treasurer swears the words affirmatively and that others did not hear disproves not his Testimony but comparing all together it appears his Intention was to bring in that Army to reduce this Kingdom That His Majesty must not be mastered implyes he must master them and that by the force of others and to compel the Subjects to submit to an Arbitrary Power That nothing was done upon those Councels is no Excuse to him it is an Obligation to the Subjects to Love and Honour the King for rejecting them but yet some things were done which my Lord will never be able to justifie concluding That this was not only Crimen laesae Majestatis but also Reipublicae Mr. Maynard seconded Mr. Whitlock observing That my Lord had taken such a course to weaken the Testimonies that allowing it nothing will be so strong but he will take off the strength of it and that is by taking them in pieces and then saying they are but single Evidence whereas it is Evident that upon all occasions he spoke such words if his Adverbs Candidè Castè must be applyed to what is lawful they were needless and truly he may say it was done Cautè thô not Castè The Case comes to this There was a Parliament Sitting a little before he casts out words about raising Money which must be made good by Adverbs Money must be raised in an Extraordinary way the Parliament is broken a Necessity made and Soldiers must be brought in to make good these wayes take these asunder and my Lord will make it a good Action but taken together they make good the Charge and that though Treason is not in his words but in his wicked Counsels Mr. Glyn took up the Bucklers and added That he had ascended the Throne and by ill Counsels endeavoured to infuse his Venom into the King's Person and to Corrupt the Fountain but
God be praised he met with a Gracious King upon whom he could not prevail and for his bringing the Army into England thô he tells Sir William Pennyman he did not intend it yet there was Vox Populi and that was a horrid Witness That he intended to invade the Property of the People is plain from his own words That the King should make Restitution when the Danger was over and his saying That a Privy Councellor ought not to be questioned for his Counsels was so great a proof of his Actions that he could not give a Greater Then by consent my Lord moving for a dayes interval his Voice and Strength being spent the Court was adjourned till Wednesday Upon Wednesday the Commons proceeded to the 25th Article of the Charge Wednesday April 7. Artic. 25. concerning the Earl of Strafford's advice of Vigorously levying Ship-money and by compulsion Endeavouring to raise money upon the Lord Mayor and City of London and that for their not complying they deserved to be put to Fine and Ransom To this the Lord Treasurer Bishop Williams deposed Lord Treasurer That Ship-money coming in very slowly they were forced to take out great Sums to furnish the Fleet out of the Money provided for the Army and my Lord Strafford said That if it were not repaid the Army would be destitute and therefore advised the Ship-Money might go on vigorously to repay it Sir Tho. Wiseman deposed Sir Thomas Wiseman That the Aldermen being called before their Lordships about the Loan my Lord Strafford said They would never do their Duty well till they were put to Fine and Ransom and to His Majesty You will have no good of this man meaning as he supposes the Lord Mayor till he be laid by the heels but whether about Loan or Ship-money that was spoken he remembers not The Earl of Berkshire deposed Earl of Berks. That the King desiring to borrow Money upon good Security at 8. per Cent. and the Aldermen Excusing themselves for nominating who were able to lend in their several Wards my Lord Strafford said Gentlemen in my Opinion you may be liable to Fine and Ransom for refusing the King's Command in not certifying the Names Sir H. Garaway deposed That being Lord Mayor Sir Henry Garaway he attended the Council about Ship-Money informing His Majesty That the Willing Men had only paid the Money and they thought it unequal others should go free That it was the Opinion of the City That a Writ for Ship-Money and a Writ for a Parliament did not agree and that they found People generally averse to it whereupon my Lord Strafford said to the King Sir you will never do good on this Man till you have made him an Example he is too diffident or to that purpose unless you commit him you shall do no good upon him And about the Loan-Money desiring to be spared in seting a Rate on Mens Estates the Earl said to the King Sir you will never do good of these Citizens of London till you have made Examples of some of the Aldermen to his best remembrance he said Unless you hang up some of them you will do no good upon them this he spake positively The Earl replyed That he would speak with as much Truth The Earl's Defence thô not so much confidence as this Gentleman That he must still insist upon this that admitting it proved it does not amount to Treason nothing being proved but by single Testimonies that as to Ship-money there was a Judgment given in the Star-Chamber and if he was in an Error he was led into it by the practise of the Times and wiser men than himself howbeit he doth not justifie himself in that point being better informed by what he hath heard since is the Judgment of those to whose wisdom he submits That in such a Case of extreme necessity he might hold the Aldermen lyable to Fine and Ransom in case they did not submit to the King's demands he wishes he had not spoken them but being a little Excess of Extravagant Speech he hopes by their Lordships Favour it may be excused and God forbid for every such Excess a man should be Arraigned for Treason for otherwise few would Escape the Danger of hasty words for the words about hanging them up My Lord Major at first said it to the best of his remembrance and afterwards absolutely And he sayes to the best of his remembrance he did not speak them and if he did being spoken in so good Company some of their Lordships would have remembred them And however it stands with him now before these misfortunes befel him he was equally to be Credited with this Gentleman all the difference being one sayes it the other denies it and that at most being a hasty word and excusable in a free spoken man as he was and who smarts for it he hoped their Lordships Honour and Justice will rather Excuse then punish it Mr. Maynard replyed Managers Reply The Committee shall need to say little to this Answer but that such words compared with his other words and Actions proceed not from passion but Principles to do all things by his Will against Law and that my Lord knew these things and especially the Ship-money were against Law himself having so great a hand in the Petition of Right Mr Glyn added That whereas my Lord thinks it hard to be questioned for hasty words as High-Treason their Lordships may remember how for words concerning Treading on his Toe he prosecuted the Lord Mountnorris as far as to Life They next proceeded to the Charge in the 26 Article Artic. 26. concerning seizing the money in the Mint and Embasing of Coyn. To prove this Robert Edwards sworn Rob. Edwards deposed That going to represent to him the Inconvenience of the seisure of their Money in the Tower and that some Forreigners being concerned in it the Merchants Estates abroad upon their Complaint would be seized my Lord answered That if they fared amiss they might thank themselves and though they think it so strange here yet beyond Sea it is not so but on Commands men have their Goods taken and touching the City he said They dealt unthankfully with the King there being 14000 l. due for Ship-money which they denied and did more to maintain Rebels than to maintain his Majesty Being bid repeat it he said upon their Petition to my Lord about the Money in the Tower the Earl said That if they did speed amiss they might thank themselves for they were more ready to hold with Rebels than to give the King his due which was 14000 l. Ship money that my Lord was sick and sate in his Chair said That he knew nothing of it till that morning Anthony Palmer sworn Ant. Palmer deposed That in discourse with my Lord about base money and giving him reasons against it he shewed him and the other Officers of the Mint a Letter sent him out of France
took Exception at their Petitioning for a Parliament and said Leaving out that Clause he would joyn with them in that Petition Sir Henry Cholmley deposed Sir Hen. Cholmley That informing my Lord that notwithstanding the Warrants Mony came not in and that unless he had money shortly the Regiment of which he was Colonel would disband his Lordship told him he would send a Levy on the Goods of those that refused but knows not whether such Levies were sent Sir John Hotham deposed much to the same Effect Sir John Hotham Sir Philip Stapleton deposed Sir Philip Stapleton That the Gentry upon the King's Summons being met drew the Petition to which there were 100 hands and that the Earl refused to deliver it unless the concluding clause were left out but most of them resolved to stand to that Petition and many went out of Town not doubting the delivery of it My Lord put it to the Vote where there were many Papists and on the Vote delivered an Answer what he knows not for he stayed behind to draw another Petition and humble Protestation to his Majesty that this Petition was the Answer of the Countrey Lord Wharton deposed Lord Wharton That attending my Lord Strafford with this Petition he refused to deliver it upon the Exception before mentioned that divers of the Gentlemen that were there would not go back from that with which so much humility and reason they thought was desired thereupon my Lord went to the King but they who thought not fit to alter the Petition went not with him and what he said he knows not Then this following Warrant of Sir William Pennyman's was produced and he owning it and it being not in Accusation of himself but grounded on my Lord Strafford's Command for Levying money it was read To the Constable of Sergeant-Major Yaworthe's Company WHereas the Lord Lieutenant-General of his Majesties Army Sir William Pennyman's Warrant by His Majesties Command sent forth Warrants to the Constable of this Weapontake of Longborough for Collecting and Paying the Soldiers of my Regiment Six weeks pay to be delivered from my hands which is not yet received from c. These are therefore once more in his Majesties Name to Will and Require you forthwith to pay or cause to be paid to the said Sergeant-Major the several Rates and Proportions both of the First and Second Contribution Assessed on your Town c. And if any Person or Persons shall refuse so to do you are instantly on receit hereof to bring him or them c. to serve in their own Persons for the defence of this County as the necessity of this Cause requires And hereof c. fail not 19 Octob. 1640. William Pennyman To this Sir William deposed That he cannot say whether the first Warrant was issued by the Vice-President or whether any was issued by my Lord Strafford 's direction And being again and again urged to speak positively and Categorically he said he did verily believe the ground of the Warrant of the Deputy-Lieutenants to Levy money on the Countrey was That my Lord told them That he had acquainted the Lords of the great Council and his Majesty and that he did it by their consent but he was out of the room when it was drawn only Mr. Rockly a Deputy-Lieutenant told him so Sir Henry Griffin deposed That he heard my Lord say Sir H. Griffin That he had direction from the great Council to Levy money for Sir William Pennyman and Sir Thomas Danby's Regiments and that by a clause in the Order the Refusers were to be compelled to serve in person Sir Robert Strickland sworn deposed the same Sir John Burroughs sworn deposed That upon the 20th of October Sir Robert Strickland Sir John Burroughs Mr. Robert Strickland and Mr. Mallard coming as he thinks to tender their services to the Lords among other discourse mentioned some Order concerning the relieving the two Regiments for the Guard of Richmonshire and that thereupon themselves my Lord Strafford and the rest of the Deputy-Lieutenants had granted Warrants for the assessing Money at this the Lords were startled and commanded him to inform them if there were any such Order he told them being Clerk That he remembred none nor drew up any The Lords desired those 2 Gentlemen to give them Copies of those Warrants they had sent out and that Sir John should take their Testimony which he did My Lord of Strafford did take notice that some such thing had been done at Rippon and said then to the Lords That he did conceive he had the King's Order and their Lordships approbation for the issuing out of this Warrant but since he conceives their Lordships disliked it and had taken Copies of it he was very willing to withdraw these Warrants And this was on the last day of the great Council but that my Lord-Deputy appealed to the King and the King said he did acquaint him with it before the Lords but that the Lords absolutely declined the making any such Warrants and were generally against it Mr. Henry Cholmley sworn Mr. H. Cholmley deposed That my Lord said That the Custom was that private men should serve in Person in the Trainbands or maintain the Charge of them and the Common-mens Charge is born by the Constables of the Town whence they come and told the King Sir if you please Mr. Vice-President may or shall send out Warrants to this purpose William Dowsen deposed Will. Dowsen That Mr. Yaworth Sir William Pennyman's Major came with 4 Musketeers to Egton sent for the Assessors who being unwilling to assess he told them they should answer it before my Lord General and shewed a Warrant from Sir William Pennyman but he did not see it but 2 Musketeers went with each Constable to Levy the money William Pierson deposed the same Will. Pierson And that he saw Sir William Pennyman 's name to the Warrant and that in the Town 4 Musketeers went with the Constable Sir William Ingram deposed Sir William Ingram That inquiring of my Lord Strafford how the Soldiers must be maintained my Lord told him the private men must maintain their Soldiers at 8 d. per diem or else he would commit them and the Soldiers should be maintained at that Rate out of their Estates and if any refused to pay their Assessment they should be committed to Prison and lye there and he would have all men to know that refused to pay such Contribution that they were in little better Condition then guilty of High Treason Sir Henry Griffin deposed Sir Henry Griffin That his Regiment advancing he received 300 l. on the Assessment by virtue of this Warrant but more they could not nor would not pay upon which complaining to my Lord he told him he would take a Course and my Lord did grant forth his Warrant and sent a Messenger from Constable to Constable and all was paid and for ought he knows
voluntarily Sir Hugh Cholmley deposed Sir Hugh Cholmley That of those who staid with my Lord Strafford and joyned in the latter Petition they took a Note of above twenty that the Countrey had an opinion of that they were Papists or men affected that way but whether convict or not he could not tell After some little time of Recollection the Earl made his Defence The Earl's Defence That as to the Petition whereas they were to meet together and he having some poor Interest in the Countrey and not being made acquainted with the drawing of it but it was done privately he appeals to their Lordships whether he who was made a Stranger to the beginning of it should be over officious to serve them in the Conclusion he acknowledges he did disadvise the Clause about Petitioning for a Parliament not out of aversion to Parliaments for he told them at the meeting of the Great Council his Majesty would be pleased to call a Parliament and that their Petition would neither further nor hinder it and therefore might be forborn and the King left free in his Acts of Grace to his People that he might have all the Honour of it to himself and it should proceed from his own Goodness and Royal Breast not as advised to it by any others thereby to apply the Affections and Gratitude of the People to his Majesty As to the second Message and raising a Tax without lawful Warrant he said That on Debate of the business of 200 present not above 3 or 4 Dissented but that they did totally lay aside the Petition and gave him Commission to signifie to his Majesty how willing they were to contribute a Months pay to the Train Bands which he did faithfully deliver and named divers who gave their consent who were free from the imputation of Popery as any in the County To this Sir Paul Neal was Examined Sir Paul Neal. Who attested it was according to the Account his Lordship had given that if he thinks 200 Gentlemen Except 4 or 5 he dares swear not 10 the whole Vote of the Company was that it should be delivered according to the substance of the Petition the last Clause left out Sir Edward Osborn averred Sir Edward Osborn That all but about Ten did consent to a Months pay and to leave out the Clause and not above 4 or 5 Gentlemen opened their mouths against this consent in words their hearts he knows not Sir William Pennyman attested the same Sir William Pennyman And that divers who had set their hands to the Petition did retract it himself for one and several Members of the House whom he would name if their Lordships thought fit but it was waved and as Sir Edward Osborn said before the Crowd was so great that at the delivery of the Message by my Lord to the King he could not come near to hear whence my Lord observed it was not done in a Corner when Persons of their quality could not come near Sir William Savil attested the same Sir Will. Savil. In effect as to retracting the Petition the number of Dissenters and that my Lord delivered it in his hearing faithfully to his Majesty and with much more advantage then the Petition was drawn and that he believes verily a months pay was the intention of them all and where he lived it was paid very willingly and no complaints of want of Money Sir William Pennyman Sir Edward Osborn attested to that point Sir Edward Rhodes attested much to the same purpose Sir Ed. Rhodes And that the Hall being appointed for the place of Debate of this Affair My Lord Strafford took notice that he was not fairly dealt with to have a Petition drawn without his consent and the business concluded before the time and out of the place appointed and that of 3000 Gentlemen he thinks not so many as 20 did disassent Sir Thomas Danby attested the same Sir Tho. Danby only upon Mr. Maynard's question Whether two Soldiers were not hang'd for mutinying for want of pay which they would not have done if they had been well paid Sir Thomas answered he could not speak to that without prejudice to himself he being questioned for hanging men by Martial Law Sir George Wentworth of Woolley attested the same As to retracting the Petition Sir George Wentworth and my Lords delivering it by word of mouth c. My Lord then proceeded to the matter of Sir William Pennyman's Warrant and declared That upon the complaint of those who maintained the 2 Regiments at Yarum and Richmondshire desiring that common Justice might be done in the common misfortune he did divers of the Lords being at Rippon humbly present to the King and great Council of Peers at York That it was Justice and Reason that the rest of the Countrey should contribute towards the Charge for the common benefit or else successively relieve those Regiments this he moving his Majesty was pleased to assent and gave direction he should proceed upon which he said Then if my Lords approve of it I shall see it done accordingly That divers of the Lords said Yes and he took it for granted but understanding that some of their Lordships at Rippon were dissatisfied that it was said to be the Act of the Great Council the last day they met he gave an account of it and moved the King to know whether the Warrant should be recalled and some Lords saying the Great Council had no power to Levy money to which he answered the Warrant was not to levy money but to enjoyn the Parties to do their Duties or pay the money at which time the King was pleased to Command him to go on and no person spake to the contrary which he took for consent that all he got by it was to have his own Tenants charged who otherwise would not have paid a Farthing and that it was done for the ease of the Countrey and so taken it being much more for their Ease to pay that money then to relieve those Regiments some of them being to march 70 Miles Sir Edward Osborn Sir William Pennyman and Mr. Roger Strickland attested this and that by all parties it was look't upon as an Ease and Benefit As for Sir Edward Osborn 's Warrant and Mr. Yoward 's and the Musketteers he made no Warrant gave no directions But he conceives he hath done nothing but what he was impow red by his Commission a Clause of which was For the better Execution of this our Commission We do further give and grant to you full power and Authority from time to time and at all times at your discretion to command and require of and from all our Lieutenants and Deputy-Lieutenants in our several Counties of this our Realm and Dominion of Wales and of and from every or any of them to send to you or such place as you shall appoint such number of able men for War as well Horsemen as Foot-men in
I remember Lastly in farther taking away of this Testimony I have proved it by a great many Witnesses beyond all exception that there was never any such intendment of the bringing this Army into England nay that the Design was quite otherwise and this hath been apparently cleared before your Lordships By the Testimony of my Lord of Northumberland Marquess of Hamilton Sir Thomas Lucas and Mr. Slingsby And might have been further justifi'd by the Testimony of my Lord of Ormond President of Munster and Sir John Burlace Master of the Ordnance in Ireland if they had been here to have been produced So that all these laid together the strong and clear proof on my part the producing of a single Witness which by the Proviso of 1 Edw. 6. cannot rise in Judgment against any man for High-Treason I trust all these laid together I shall appear to your Lordships clear and free from these two points whereupon they enforce me to be within the compass of Treason by the Statute alleadged The Third Treason that is laid to my Charge is upon the 27th Article where Four Musquettiers being sent to Egton by Sergeant Major Yaworth to call for their Eight pence a day is prest upon me as a Levying of War upon the King and His People and to be High-Treason upon the Statute of 25 E. 3. These be wonderful Wars if we have no greater Wars then such as four men are able to raise by the Grace of God we shall not sleep very unquietly But How do they prove this to be done by me they produce to your Lordships the Warrant of Sir William Pennyman but had no Warrant at all of mine to shew Sir William Pennyman doth not alledge any Warrant of mine to that purpose he speaks of a General Warrant wherein I and the Deputy-Lieutenants joyn for the paying of the Fortnights pay as they call it and that is very true but that I should give Warrant to Levy by Soldiers no such thing is proved no such thing is shewed no such thing is alleadged by Sir William Pennyman that best knew it and should do it in his own Justification if there were such a thing but on the other side I must humbly beseech your Lordships to mind you what a clear and full proof I made thereof to you till you were weary though I think I I could have continued it a year longer if need had been that there was nothing done by me in the Levying of the first Months pay or the second Fortnights pay but with full consent of the Country nothing being of Constraint nothing being of force put upon them The Second Point was a Warrant shewed to your Lordships or at least pretended from Sir Edward Osborne the Vice-President wherein he charges them to obey and persue the substance and direction of his Warrant on pain of Death and this must likewise be laid to me My Lords I confess I have faults enough more than a good many though I trust neither so crying nor grievous as some would pretend them to be but Faults I have more then too many I need not take nor add to my self other Mens but whether this be a Fault or no I cannot undertake to Judge But certainly I am in no Fault for I was at when this Warrant issued from Mr. Vice-President and I dare say he is a Gentleman so worthy and noble and so great a Lover of Truth that let him be examined upon Oath if he shall not absolutely clear me from Privity or Direction of it I so much rely on him that I will be thought Guilty before your Lordships for this Charge Now my Lords having gone over all that first part which I thought fit to apply my self to and that is Statute-Treason There is no Statute-Treasons in the whole Charge nor colour or pretence thereof save onely that of Newcastle which was waved In these my Lords I hope I am clear before your Lordships and sure I am they give me little disquiet for in good faith I am clear in my own poor Judgment Then comes in the second Condition of Treason in the Charge and that is Constructive Treason and it is laid down in the first Article of the General Charge For my Lords I must tell you the First Articles exhibited are Grounds and Foundations whereupon the rest are gathered and to which they resort and apply themselves severally I do conceive my self in a manner by themselves clear of seven of these for they have in a manner relinquished Five of them So that the First Article is the main Article whereupon I must be touched and that is laid in the Charge thus That I have Trayterously endeavoured to subvert the Fundamental Laws and Government of the Realms of England and Ireland and have by Trayterous Words Councils and Actions declared the same and have advised His Majesty to Compel his Subjects to submit thereunto by force My Lords I must confess I have many times with my self considered with wonder at the Wisdom of our Ancestors that set the Pillars of this Monarchy with that singular Judgment and Providence that I have ever observed that so oft as either the Prerogative of the Crown or Liberty of the Subject Ecclesiastical or Temporal Powers exceed those modest bounds set and appointed for them by the sobriety and moderation of former times the exercise of it over-turn'd to the Prejudice and to the Detriment of the Publick Weale all the Strings of this Government and Monarchy have been so perfectly tuned through the skill and attention of our Fore-Fathers that if you wind any of them any thing higher or let them lower you shall infallibly interrupt the sweet accord that ought to be entertained of King and People With this Opinion I had the honour to sit many years in the Commons House and this Opinion I have carry'd along with me exactly and intirely for Fourteen Years in the King's Service ever Resolving in my heart Stare super vias antiquas to promote with equal care the Prerogative of the Crown and the Liberty of the Subject to Introduce the Laws of England into Ireland ever setting before my self a Joynt and Individual well-being of King and People for either they must be both or neither which made my Misfortune the greater to be now in my Gray Hairs charged as an under-worker against that Government a Subverter of that Law I wost affected and a Contriver against that Religion to the truth whereof I would Witness by the Sealing of it with my Blood My Lords As to the latter part concerning my Religion they have quitted me and I have nothing to answer to that because it is waved and I trust my Lords I shall clear my self in the first part concerning my being a Subverter of the Fundamental Laws that I shall stand clear to your Lordships Judgments in that Case My Lords This Subversion must be by Words by Councils and by Actions in Ireland and in England My Lords
Afternoon and the House was divided upon it the Lord Digby and Mr. Lloyd tellers for the Years Sir Gilbert Gerrard and Sir Thomas Barrington tellers for the Noes with the Noes were 59 with the Yeas 204. so the Bill passed the House of Commons being thrice read in one Day and Mr. Pym by Order of the House carried it up to the Lords with a special Recommendation to their Lordships to give it all Expedition in regard of the great Importance acquainting them That the Commons would be ready to Justifie the Legality of the Bill But notwithstanding the Tide run with that impetuous Violence against this Noble Lord that to oppose it must hazard drowning and that doubtless Fear carried as many down the stream as Judgment yet so great was the Power of his Innocence and the Force of Truth that even the Lord Digby one who while he thought him Criminal was his severest Accuser yet discerning the unjust practices against the Earl he became his Advocate though all the advantage he got was by generously endeavouring to save the Lord Strafford he lost his own Esteem both in the House of Commons and among the Faction and from that moment became their declared Enemy by being a Bold Friend of Truth and Justice So it happens while men out of too much Popularity court or follow a Faction they kindâ—â— a fire which when they would quench they perish in those Flames which they help'd to blow up However this Speech of the Lord Digby's gives a clear light into the Dark Contrivance which brought this Great Life to an untimely Period and was as followeth Mr. Speaker WE are now upon the point of giving as much as in us lies the Final Sentence unto Death or Life on a great Minister of State and Peer of this Kingdom The Lord Digby's Speech at the passing the Bill of Attainder against the Earl of Strafford Apr. 21. Thomas Earl of Strafford a Name of hatred in the present Age by his practices and fit to be made a Terrour to future Ages by his Punishment I have had the Honour to be Imployed by the House in this great business from the first hour that it was taken into Consideration It was matter of great Trust and I will say with confidence that I have served the House in it both with Industry according to my ability and with most exact Faithfulness and Secrecy And as I have hitherto discharged my Duty to this House and to my Country in the Progress of this Great Cause so I trust I shall do now in the last period of it to God and to a good Conscience I do wish the peace of that unto my self and the blessings of Almighty God to me and my Posterity according as my judgment on the life of this man shall be consonant with my heart and the best of my understanding in all Integrity I know well Mr. Speaker that by some things I have said of late whilst this Bill was in agitation I have raised some prejudices upon me in the Cause Yea some I thank them for their plain dealing have been so free as to tell me that I suffered much by the backwardness I have shewn in this Bill of Attainder of the Earl of Strafford against whom I had been formerly so keen and so active Mr. Speaker I beg of you and the rest but a suspension of Judgment concerning me till I have opened my heart unto you freely and clearly in this business Truly Sir I am still the same in my Opinions and Affections as unto the Earl of Strafford I confidently believe him the most dangerous Minister the most insupportable to free Subjects that can be charactered I believe his Practices in themselves have been as High as Tyrannical as any Subject ever ventured on and the malignity of them are hugely aggravated by those rare abilities of his whereof God hath given him the use but the Devil the application in a word I believe him still that grand Apostate to the Common-wealth who must not expect to be pardoned in this World till he be dispatched to the other And yet let me tell you Mr. Speaker my hand must not be to that dispatch I protest as my Conscience stands informed I had rather it were off Let me unfold unto you the mystery Mr. Speaker I will not dwell much upon justifying unto you my seeming variance at this time from what I was formerly but by putting you in mind of the difference between Prosecutors and Judges How misbecoming that fervour would be in a Judge which perhaps was commendable in a Prosecutor Judges we are now and must put on another Personage It is honest and noble to be earnest in order to the discovery of Truth but when that hath been brought as far as it can to light our judgment thereupon ought to be calm and cautious In prosecution upon probable Grounds we are accountable only for our industry or remisness but in judgment We are deeply responsible to God Almighty for it's Rectitude or Obliquity in cases of Life the Judge is God's Steward of the Partie's blood and must give a strict account for every drop But as I told you Mr. Speaker I will not insist long upon the Ground of Difference in me now from what I was formerly The truth on 't is Sir the same Ground whereupon I with the rest of the Five to whom you first committed the Consideration of my Lord Strafford brought down our Opinion That it was fit he should be Accused of Treason upon the same Ground I was engaged with earnestness in his Prosecution and had the same Ground remained in that force of belief with me which till very lately it did I should not have been tender in his Condemnation But truly Sir to deal plainly with you that Ground of our Accusation That Spur to our Prosecution and that which should be the basis of my judgment of the Earl of Strafford as unto Treason is to my understanding quite vanisht away This it was Mr. Speaker His advising the King to employ the Army of Ireland to reduce England This I was assured would be proved before I gave my consent to his Accusation I was confirmed in the same belief during the Prosecution and fortified in it most of all since Sir Henry Vane 's preparatory Examination by the assurances which that worthy Member Mr. Pym gave me that his Testimony would be made convincing by some Notes of what passed at that Junto concurrent with it which I ever understanding to be of some other Councellor you see now prove but a Copy of the same Secretaries Notes discovered and produc'd in the manner you have heard and those such disjoynted Fragments of the Venomous part of Discourses no Results no Conclusions of Counsels which are the only things that Secretaries should Register there being no use at all of the other but to Accuse and to bring men into danger But Sir this is not that which overthrows
the 18th year of Hen. 6th that both Person and thing are within the Statute That the Statute remains in force to this day that the parliament here hath cognizance of it and that even in the ordinary way of Judicature that if there be a Treason and a Traitor that the want of Jurisdiction in the judicial way may justly be supplied by Bill 5. That his endeavouring to subvert the Fundamental Laws and Government of the Realms of England and Ireland and instead thereof to introduce a Tyrannical Government against Law is Treason by the Common-Law That Treasons at the Common-Law are not taken away by the Statute of 25th Edw. 3 1 Hen. 4th c. nor any of them 6. That as this case stands it 's just and necessary to resort to the Supream Power in Parliament in case all the rest should fail Of these six five of them are Treason within the compass of the Laws already established Three within the Statute of 25th Edw. 3. and one within the Irish Statute the other by the Common-Law of England If but any one of these Six Considerations hold the Commons conceive that upon the whole matter they had good cause to pass the Bill My Lords For the first of Levying War I shall make bold to read the case to your Lordships before I speak to it It 's thus The Earl did by Warrant under his Hand and Seal give Authority to Robert Savil a Sergeant at Arms and his Deputies to Sess such numbers of Soldiers Horse and Foot of the Army in Ireland together with an Officer as the Sergeant should think fit upon His Majesties Subjects of Ireland against their Will this Warrant was granted by the Earl to the end to compel the Subjects of Ireland to submit to the unlawful Summons and Orders made by the Earl upon Paper Petitions exhibited to him in case of private interest between party and party this Warrant was executed by Savil and his Deputies by Sessing of Soldiers both Horse and Foot upon divers of the Subjects of Ireland against their Wills in Warlike manner and at divers times the Soldiers continued upon the parties upon whom they were sefsed and wasted their Goods until such time as they had submitted themselves unto those Summons and Orders My Lords This is a Levying War within the Statute of 25th Edw. 3. The words of the Statute are If any man do Levy War against our Lord the King in His Realm this is declared Treason I shall endeavour in this to make clear to your Lordships 1. What shall be Levying of War in respect of the motive or cause of it 2. What shall be said a Levying of War in respect of the action or thing done 3. And in the third place I shall apply them to the present case It will be granted in this Levying of War that Forces may be raised and likewise used in Warlike manner and yet no Levying of War within the Statute that is when the Forces are raised and employed upon private ends either of revenge or interest Before the Statute in Edw. the 1 time the Title of a Castle was in difference between the Earls of Hereford and Gloucester for the maintaining of the possession on the one side and gaining of it on the other Forces were raised on either side of many hundred Men they marched with Banners displayed one against another In the Parliament in the 20th of Edward 1. this was adjudged only Trespass and either of the Earls Fined 1000 Marks apiece After the Statute in Hillary Term in the 15th year of Edw. the 3. in the King's-Bench Rot. 3. Nicholas Huntercome in Warlike manner with 40 men armed amongst other weapons with Guns so ancient as appears by that Record they were did much spoil in the Mannor of the Abby of Dorchester in the County of Oxford this was accounted no Treason and so it hath been held by the Judges That if one or more Town-ship upon pretence of saving their Commons do in a forcible and Warlike manner throw in inclosers this is only a Riot no Treason The words of the Statute 25 Edw. 3. clear this point that if any man ride Armed openly or secretly with men at Arms against any other to kill and rob or to detain him until he hath made Fine and Ransome for his deliverance this is declared not to be Treason but Felony or Trespass as the Case shall require all the printed Statutes which have it covertly or secret are misprinted for the words in the Parliament Roll as appears in the 17th are Discovertment ou Secretement Open or Secretly Object So that my Lords in this of Levying War the Act is not so much to be considered but as in all other Treasons and Felonies quo animo with what intent and purpose My Lords If the end be considerable in Levying War it may be said that it cannot be a War unless against the King for the words of the Statute are If any man Levy War against the King Answ That these words extend further than to the person of the King appears by the words of the Statute which in the beginning declares it to be Treason to compass and imagine the death of the King and after other Treasons this is to be declared to be Treason to Levy War against the King If Levying of War extend no further than to the person of the King these words of the Statute are to no purpose for then the first Treason of compassing the King's death had fully included it before because that he which Levies War against the Person of the King doth necessarily compass his death It 's a War against the King when intended for alteration of the Laws or Government in any part of them or to destroy any of the great Officers of the Kingdom This is a Levying War against the King 1. Because the King doth protect and maintain the Laws in every part of them and the great Officers to whose care he hath in his own stead delegated the execution of them 2. Because they are the King's Laws he is the Fountain from whence in their several Channels they are derived to the Subject all our Indictments run thus Trespasses laid to be done Contra pacem Domini Regis the King's Peace for exorbitant offences though not intended against the King's Person against the King His Crown and Dignity My Lords this construction is made good by divers Authorities of great weight ever since the Statute of 25th of Edw. 3. downwards In Richard the 2d time Sir Thomas Talbot conspired the death of the Dukes of Gloucester and Lancaster and some other of the Peers for the effecting of it he had caused several People in the County of Chester to be Armed in Warlike manner in Assemblies in the Parliament held in the 17th year of R. 2. No 20. Sir Thomas Talbot being Accused of High-Treason for this It 's there declared insomuch as one of them was Lord High Steward of England
200 l. These if done upon these private ends alone had not been a Treason as appears by the very words of the Statute of 25 Edw. 3. before mentioned of marching openly or secretly But my Lords these of Cambridge and Bridgewater they were of the conspiracy with the Villains as appears in the Parliament Roll of the First year of Richard the 2d Number 311. and 32. where the Towns of Cambridge and Bridgwater are expresly excepted out of the general Pardon made to the Villains this being done in reference to that design of the Villains of altering the Laws this was that which made it Treason If the design went no further than the enforcing Obedience to these Paper-Orders made by himself it was sufficient it was to subvert one fundamental part of the Law nay in effect the whole Law what use of Law if he might order and determine of Mens Estates at his own pleasure This was against the Law notoriously declared in Ireland In the close Roll in the Tower in the 25th year of Edward the 1. a Writ went to the Justices in Ireland that Kingdom at that time was governed by Justices declaring That upon Petitions they were not to determine any Titles between party and party upon any pretence of profit whatsoever to the King In the Eight and twentieth year of Hen. the 6th Chap. 2. Suits in Equity not before the Deputy but in Chancery Suits at Common-Law not before him but in cases of Life in the Kings-Bench for Title of Lands or Goods in the proper Courts of the Kings-Bench or Common-Pleas This declared in the Instructions for Ireland in the latter end of King James His time and by the Proclamation in His Majesties time my Lord took notice of them called the Commissioners narrow-hearted Commissioners The Law said He should not thus proceed in the subversion of it he saith he will and will enforce Obedience by the Army this is as much in respect of the end as to endeavour the overthrow of the Statutes of Labourers of Victuals or of Merton for Inclosures here is a Warrant against the King in respect of the end Secondly In respect of the Actions whether there be either a Levying of War or an open Deed or both My Lords There was an Army in Ireland at that time of Two thousand Horse and Foot by this Warrant there is a full designation of this whole Army and an Assignment of it over to Savil for this purpose The Warrant gives him power from time to time to take as many Soldiers Horse and Foot with an Officer throughout the whole Army as himself shall please here is the terror and awe of the whole Army to enforce Obedience My Lords If the Earl had Armed two thousand men Horse and Foot and formed them into Companies to this end your Lordships would have conceived that this had been a War It 's as much as in the Case of Sir Thomas Talbot who armed them in Assemblies This is the same with a breach of Trust added to it That Army which was first raised and afterwards committed to his Trust for the Defence of the People is now destined by him to their destruction This assignation of the Army by his Warrant under his Hand and Seal is an open Act. My Lords Here 's not only an open Act done but a Levying of War Soldiers both Horse and Foot with an Officer in Warlike manner assessed upon the Subject which killed their Cattel consumed and wasted their Goods Your Lordships observe a great difference where six men go upon a design alone and when sent from an Army of six hundred all engaged in the same service so many were sent as were sufficient to execute the Command if upon a poor man fewer more upon a rich if the six had not been able the whole Army must make it good The reason that the Sheriff directed alone or but with one Bayliff to do execution is because he hath the Command of the Law the King 's Writ and the Posse Comitatus in case of resistance Here 's the Warrant of a General of an Army Here 's the Posse Exercitus the Power of the Army under the awe of the whole Army six may force more then sixty without it and although never above six in one place yet in several parts of the Kingdom at the same time might be above sixty for sessing of Soldiers was frequent it was the ordinary course for execution of his Orders The Lord-Lieutenant of a County in England hath a design to alter the Laws and Government nay admit the design goes not so high he only declares thus much he will order the Freeholders and Estates of the Inhabitants of the County at his own will and Pleasure and doth accordingly proceed upon Paper-Petitions foreseeing there will be disobedience he grants out Warrants under his Hand and Seal to the Deputy-Lieutenants and Captains of the Trained-bands that upon refusal they will take such number of the Trained-bands through the County with Officers as they shall think good and lay them upon the Lands and Houses of the refusers Soldiers in a Warlike manner are frequently sessed upon them accordingly your Lordships do conceive that this is a Levying of War within the Statute The Case in question goes further in these two Respects That it is more against the declared Law in Ireland not only against the Common-Law but likewise against the Statute of 28 Hen. 6th against the Acts of the Commissioners against Proclamations in persuance of the Law against that himself took notice of narrow-hearted Commissioners In this that here was an Army the Soldiers by profession Acts of Hostility from them of greater terror than from Freeholders of the same County My Lords I have now done with the First of Levying of War The Second is the Machination the advising of a War The Case in this rests upon a Warrant to Savile and the advice in the 23 Article The Warrant shews a resolution of imploying the old Army of Ireland to the oppression of his Majesties Subjects and the Laws In the 23d Article having told his Majesty that he was loosed and absolved from Rules of Government and might do every thing which Power might admit he proceeded further in Speech to his Majesty in these words You have an Army in Ireland you may employ to reduce this Kingdom My Lords Both being put together there 's a Machination a practise and advice to Levy War and by force to oppress and destroy his Majesties Subjects It hath been said the Statute of the 25 Edw. 3. is a penal Law and cannot be taken by equity and construction there must be an actual War the Statute makes it Treason to counterfeit the King's Coin the conspiring the raising of Furnaces is no Treason unless he doth Nummum percutere actually Coin My Lords This is only said not proved the Law is otherwise the 19th Hen. 6. fol. 49. there adjudged That the conspiring and aiding to
That he could scarce tell how to acknowledg that to be a City or almost a Society of Men where there was so little Civility and Government The Mayor told him The People were discontented because Mass was publiquely said in his House The Ambassador replied That the English Ambassador had without disturbance the free Exercise of his Religion at Madrid and that he would rather lose his life then the Priviledges due to him by Paction and the Laws of Nations The Mayor replied That the People were the more incensed against him because the Londoners who were of the Popish Religion were permitted to frequent his House at Mass which was contrary to Law To this the Ambassador said That if the Mayor would keep them out he would send for none of them but if they came within his Doors he could neither in Conscience to his Religion or Honour to his Master deny them either access to his Devotions or protection to their Persons so far as in him lay In short a Guard was appointed to attend his House to prevent further inconveniences and to keep the Ambassador from Affronts and the People from frequenting Mass But this Storm was no sooner over but upon Monday it began to rise again with far greater horror and Impetuosity and it must be imputed to the Artifice of the Earl of Strafford's Enemies who by this means were resolved to terrifie the Lords into a Compliance for in truth the Bill of Attainder went on very slowly in the Lords House and had they not been driven from their House by the Insolence and Menaces of the Tumults it had never come to the Royal Assent To quicken some therefore and affright others 5 or 6000 Porters Carr-men and other Dissolute and Rude Fellows assembled upon Monday after the Noise of the King's Speech was bruited abroad the Town and having filled the Pallace Yards and posted themselves at all the Entrances to the Parliament-House they stopped every Coach crying out Justice and Execution and upon a sign given that Justice and Execution was the noble Word they sent forth such hideous Cries as were enough to create amazement in persons of the greatest Constancy The Lord Steward coming by his Coach was stopp'd and some of the most insolent stepping to him demanded of him Justice and Execution and told him Justice they had already Execution they desired and would have it He answered them They should have Justice if they would have Patience To which they replied No they had already had too much Patience longer we will not stay and before you part from us we will have a promise of Execution He told them he was going to the House for that purpose and that he would Endeavour to content them Whereupon some of them cried We will take his word for once and so with difficulty enough he got to the House The Lords sate till Twelve of the Clock and most of them went back by Water and when the Lord Chamberlain the Earl of Holland came out to take Coach they redoubled their Cry and coming up to the Earl of Bristol's Coach some of them told him For You my Lord of Bristol we know you are an Apostate from the Cause of Christ and our Mortal Enemy we do not therefore crave Justice from You but shall shortly crave Justice upon You and your false Son the Lord Digby Nor did they stop here but having gotten a List of those who Voted against the Bill of Attainder in the House of Commons they pasted up their Names at the Corner of the Wall of Sir William Brunkard's House in the Old Pallace-Yard giving them the Title of Enemies of Justice and Straffordians adding withall this insolent Menace That these and all other Enemies of the Common-wealth should perish with Strafford This Popular Revenge however has done this kindness to those Gentlemen who durst so boldly adventure the Protection of Innocence that it has conveyed their Names down to Posterity which in after Ages will look upon them with the greater Honour and Veneration for the Indignity put upon them by the Rude Multitude They were these The Lord Digby Lord Compton Lord Buckhurst Sir Robert Hatton Sir Thomas Fanshaw Sir Edward Alford Nicholas Slanning Sir Henry Slingsby Sir William Portman Mr. Gervas Hollis Mr. Sydney Godolphin Mr. Cook Mr. Coventry Mr. Kirton Serjeant Hide Mr. Tayler Mr. R. Weston Mr. Griffith Mr. Scawen Mr. Bridgman Mr. Fettyplace Dr. Turnor Sir Thomas Danby Sir George Wentworth Sir Frederick Cornwallis Sir William Carnaby Sir Richard Winn Sir Gervas Clifton Sir Will. Widdrington Sir William Pennyman Sir Patricius Curwin Sir Richard Lee Mr. Pollard Mr. Price Mr. Trevanion Mr. Jean Mr. Edgcomb Mr. Ben. Weston Mr. Selden Mr. Alford Mr. Lloyd Mr. Heâ—â—ert Captain Digby Mr. Charles Price Dr. Parry Mr. R. Arundel Mr. Newport Mr. Nowel Mr. Chichley Mr. Mallorey Mr. Porter Mr. White Mr. Warwick Nor were they satisfied or rested here but one among the rest proceeded to the height of Impudence crying out as it was affirmed If we have not the Lieutenant's Life we will have the King 's and however the matter was passed over yet I find some traces of it and the Examination of one Lilburn for dangerous words before the Lords who upon his saying that he only repeated what he heard some persons say whom he did not know was discharged for the present but the Cause ordered to be retained in the House And most certainly they had some great Persons who stood behind the Curtain and animated these Disorders for all this while the House of Commons sate close as if there had been no disturbance and while the Commotion was at the height they were hatching the Protestation the Bill for perpetuating the Parliament during the pleasure of the Two Houses and busie upon the Discovery of a strange Plot by a few Young Gentlemen to bring up the Army and indeed laying the Foundations of all the Miseries of a Future Rebellion Upon Tuesday May the Fourth Tuesday May 4. there was a Conference between the Houses where the Lord Privy Seal acquainted the Commons with a Message from the King and Council wherein His Majesty takes Notice of the Tumults and that it is His Majesties Pleasure that both Houses take it into Consideration that some speedy Course may be taken to settle Peace and prevent the like Disorders for the Future He represented to them That it was the great hinderance of their passing the Bill of Attainder their Lordships being so encompassed with multitudes of People that they could not be conceived to be free But notwithstanding all this the Commons took no notice of them so that the Connivence it self was the same thing with an Encouragement His Lordship also acquainted them with a Petition or something like one which the Lords had received from the Multitudes that flocked together which being so like Mr. Pym's Speech to Usher in the Protestation and Perpetual Bill give occasion to believe they were Arrows
and Deputy-Lieutenants how affected to the Religion and to present their Names to the House and that where there is want that Arms and Ammunition may be supplyed By this Means they got a true account of all those who were their Friends and who their Enemies who were therefore to be displaced as disaffected to Religion and Popishly inclined as all those who were for Episcopacy were vogued to be and besides hereby they gave a General Alarm and Amazement to the Whole Nation to believe that those Fears and Jealousies with which they bewitched the People into Rebellion were grounded upon the foundations of Truth and real Danger which was the Occasion of this Inquiry into the state of the Militia Upon this a Message was sent to the Lords to acquaint them with a dangerous Conspiracy to seduce the Army against the Parliament and to increase the Fears and Jealousies among the People Message to the Lords about the Conspiracy to seduce the Army an Order was sent from the Commons to the Lord Mayor of London to take care of the City Guards The Message to the Lords was in haec verba Mr. Hollis who carried up the Message read it in these words Message about the Conspiracy of the Army That the House of Commons hath received such Information as doth give them just cause to suspect that there have been and still are secret practices to discontent the Army with the proceedings of Parliament and to ingage them in some Design of dangerous Consequence to the State and by some other mischievous ways to prevent the happy success and conclusion of this Parliament And because the timely discovery and prevention of these dangerous Plots doth so nearly concern the safety both of * Yet afterwards they did all that was possible to persuade the People that the King was in this Conspiracy King and Kingdom they desire your Lordships would be pleased to appoint a select Commitee to take the Examinations upon Oath of such persons and Interrogatories as shall be presented unto them by the Directions of the House of Commons and in the presence of such Members of that House as shall be thereunto appointed with Injunction of such Secrecy as a business of this nature doth require They have Ordered That such Members of their House as shall be thought fit shall upon notice be ready to be Examined and they desire your Lordships would be pleased to order the like for the Members and Assistants of your own House And further it is desired That your Lordships will forthwith send to his Majesty to beseech him in the Name of the Parliament upon this great and weighty occasion that no Servants of his Majesties of the Queen or Prince may depart the Kingdom or otherwise absent himself without leave from his Majesty with the humble advice of the Parliament until these Examinations be perfected Whereupon it was Ordered That this House will joyn with the House of Commons in all that they desire and these Lords following were Deputed to take the Examinations Earl of Bath Earl of Essex Earl of Warwick Earl of March Viscount Say and Seal Lord Wharton Lord Paget and Mr. Serjeant Glanvile and Mr. Attorney General to write and set down the Examinations There being never a Bishop in the Committee A Salvo for the Bishops a Memorandum was entered in the Journals MEmorandum Whereas none of the Lords the Bishops are joyned with the aforesaid deputed Lords it was declared by the House that it should be no prejudice to the Lords the Bishops This being done the Lord Great Chamberlain the Lord Steward the Lord Chamberlain the Earl of Dorset and the Earl of Newcastle were appointed to wait on his Majesty with the aforesaid request of the Parliament to which they brought this Answer THat his Majesty hath willingly granted it The Kings Answer concerning his Servants and gave a present Command to the Lord Chamberlain the Earl of Newcastle and the Earl of Dorset to give notice hereof to all under their Charge that none do depart the Kingdom without the King's License but to be forth-coming upon demand which accordingly they have already done After which the Oath of Secrecy was given to Serjeant Glanvile and Mr. Attorney in these words YOV shall Swear The Oath of Secrecy given by the Lords to Serjeant Glanvile and Mr. Attorney assistant to the Committee of Lords to Examine the Conspiracy The Persons accused That in your writing and setting down of the Examination of the Witnesses to be produced before the Lords deputed to take Examinations upon Interrogatories to be produced by the House of Commons concerning the English Army in the North and in all things concerning the same You shall well truly and faithfully behave your selves and not discover the same before the end of this Parliament or Publication granted or leave of this House first obtained The Persons Accused of this Design of seducing the Army against the Parliament were Sir John Suckling Mr. Henry Percy Brother to the Earl of Northumberland Mr. Henry Jermyn Colonel Goring Mr. William Davenant Captain Palmer Captain Billingsley and Sir Edward Wardourn and Warrants were issued out against them to bring them under the Examination of the House of Commons This day there passed little of Moment Thursday May 6. the Commons being taken up with Reading several Bills one for the security of the True Religion the Safety and Honour of his Majesties Person the just Rights of the Subject and the better discovering and punishment of Popish Recusants as also another Bill for Subsidies With which guilded baits they not only Angled for Popular Favour but also endeavoured to hide their Antimonarchical Designs against his Majesty by these specious pretences of endeavouring to study his Safety and Honour The House was this day informed That the Persons against whom the Warrants were Issued upon the Accusation of their endeavouring to seduce the Army were not to be found whereupon at a Conference it was desired that all the Ports might be stopped upon which the Lords made this Order Ordered The Order of the Lords for stopping the Ports That all the Ports of England shall be forthwith stopped until the pleasure of this House be further known and none to depart the Kingdom except Sir Thomas Roe and such as he will be answerable for who is to give in their names to this House And in particular stay is to be made of Henry Percy Esq Henry Jermyn Esq Sir John Suckling Knight William Davenant and Captain Billingsly that they depart not out of this Kingdom but are to be apprehended and safely conducted with all speed unto this House Directed To the Right Honourable Algernon Earl of Northumberland L. High Admiral of England To James Earl of March Lord Warden of the Cinque-Ports To Jerom Earl of Portland Captain and Governour of the Isle of Wight To George Goring Esq Governour of Portsmouth After which Sir Philip Carteret Lieutenant
for an Apostle much less a Bishop And abating the Unlawfulness which this Instance for ever will supersede there can be no Inconvenience but may be thought abundantly Recompensed in a Christian Common-Wealth by the Sage and Religious Advice of these Learned Reverend and Pious Prelates in framing Laws for a Christian Society and the good Government of the State which is imbodied into the Church in a Christian Commonwealth and when this is winnowed from his Lordship's Speech all the rest will be but Chaff The Lord General produced a Letter sent to his Excellency from Sir Thomas Glemham at Hull declaring the great Disorders The Soldiers Disorderly and Mutinous for want of Pay and Unruliness of the Souldiers there and of the Mutiny that lately was among them in which Uproar one of their Captains was killed and others threatned And he further informed the House That the Army through want of Money and Provisions is so dispersed into several places that they are no Security to those Parts in case the Army of the Scots should advance Whereupon it was resolved to have a Conference with the Commons about the state of the Army Mr. Munday June 7. Report of the Case between the Bishop of Ely and the Lady Hatton Whitlock Reports from the Committee to whom the Lady Hattons Complaint against the Bishop of Ely was referred That Richard Cox Bishop of Ely in the 18 Eliz. made a Lease of some Old Buildings and Lands next Ely House to Sir Christopher Hatton Lord Chancellor of England for 21 Years he intending there to make a Habitation for himself That 19 Eliz. Bishop Cox Conveyed the Inheritance to the Crown the Intention of it for the Vse of the said Chancellor Hatton to whom it came afterward In the Preamble of that Conveyance there was a Clause for the Bishop of Ely and his Successors to redeem the Premisses upon the repayment of such Moneys as the Lord Chancellor Hatton should disburse who disbursed in Building One thousand eight hundred and ninety pounds odd Money Chancellor Hatton intailed the Premisses and they were after Extended for a Debt to the Queen and an Act of Parliament was passed to Enable the Sale of them by another Sir Christopher Hatton who was seized by the Entail and who did for valuable Considerations 5 Jac. sell the premisses to the Lady Eliz. Hatton the Petitioner who since Expended in Building Repairing and Improving it Seven Thousand eight hundred pounds odd mony and ever since the purchase being 34 Years till Nov. 14 Car. when the now Bishop of Ely Dr. Wren preferred his Bill into the Court of Requests to have the House and Lands restored to his See by the Clause of Redemption in the Conveyance from Bishop Cox pretending she had notice of it She in answer upon Oath denies that she had any notice of the Trust and none is proved by the Bishop the Cause came to hearing in Nov. 15 Car. but no Judgment though the Lady Hatton moved they would do it and of this suspending of Judgment my Lady complains is a great prejudice to her Whereupon it was Resolved c. That the suspending of Judgment in the Court of Requests in the Case depending between the Bishop of Ely and the Lady Hatton is an unnecessary Delay Resolved c. That the Lady Hatton is a Purchaser upon valuable Considerations and hath been at great Expences in Building Repairing and Improving the said Estate Resolved c. That the Estate of the Lady Hatton being good in Law is not redeemable in Equity nor subject to the said pretended Trust Resolved c. That the Bill depending in the Court of Requests between the Bishop of Ely and the Lady Hatton ought to be dismissed upon the merits of the Cause After which the Lay-Preachers Spencer Lay-Preachers reprehended Green Robinson c. who had been sent for by Order of the House were called in and Mr. Speaker gave them a reprehension telling them That the House had a general distast at this their proceedings and that if they should offend at any time in the like kind again this House would take Care they should be severely punished It is Easy to Observe with what tenderness these Sacrilegious Invaders of the Calling of the Ministry were treated by these High-flown Pretenders to Reformation who were dismissed for this Offence against God and all good men only with fair Warning and a Gentle Reproof when at the same time the Orthodox and Regular Clergy who had a Lawful Commission to speak the Truth and stand up in Vindication of the Church were upon every frivolous complaint from their Enemies the Sectaries for every word which could be tortured to depose any thing against the Proceedings of the Commons sent for in Custody imprisoned Outraged Stigmatized and many of them and their poor and innocent Families utterly ruined and undone The House of Lords being adjourned into a Committee during pleasure to Debate the Reasons sent up from the Commons at the Conference touching the Bishops not Voting in Parliament and after a long Debate the House was resumed Then the Bill was read a third time Entituled The Bill against Bishops thrown out of the Lords House An Act for restraining Bishops and others of the Clergy in Holy Orders from intermeddling in Secular Affairs And being put to the Question Whether it should pass as a Law it was Resolved by the Major part That it should not Upon Letters this day Received from Sir Jacob Ashley Tuesday June 8. it was declared That notwithstanding the Information of Mr. Darley against him yet he was in the good Opinion of the House The House was then informed that the Forty thousand pounds and the Hundred and twenty thousand pounds promised to be lent by the City were yet unpaid in notwithstanding many motions Hereby it appears that Alderman Pennington did not always speak the Truth in that House when he informed them That upon the King 's passing the Bill of Attainder against the Earl of Strafford Money came in as fast as it could be told The Cessation of Arms continued a fortnight longer from the 24th of June upon the same terms The Bills for taking away the Court of Star-Chamber Star-Chamber and Council Table Bills read and passed Report from the Close Committee and Regulating the Proceedings of the Council Board were read a second time and passed Mr. Fines Reports from the Close Committee Matters concerning the Tower of London the French the Flight of the Gentlemen accused of a Conspiracy in the Army to bring them up to Aw the Parliament The Earl of Strafford's design to have made an Escape had he not been prevented The Papists resorting into Hampshire towards Portsmouth and the Fortifying of it Mr. Jermyn's desire to get Portsmouth into his hands And the French Troops drawing down to Callice Diep and Granville Exceptions were taken at the Lord Digby for words spoken concerning an Oath which Colonel Goring
of Aid and Supply to your Lordships in the Ancient and due Form But perhaps your Lordships will say you question not that general right we have of granting Subsidies that it is to receive its Birth and Being from the House of Commons but that in this particular case of Poll-money you expect a particular satisfaction and much more to see it proved that the Peerage of England were ever before rated in such a Bill For the first my Lords this way is an Ancient and a known way it began in the time of that Wise and Victorious Prince King Ed. 3. as appears upon Record in Rotulo Parliamenti de Anno 51. Ed. 3. Numero 19. And I assure my self neer upon three hundred years continuance is able to challenge both allowance and imitation from this present Age. During the Reign of R. 2. his Grand-child this course of raising money by the Poll was again put in practice as an advantagious and a speedy way Your Lordships shall find one example of it in the Parliament Roll de Anno 4. Rich. 2. n. 15. being almost the same with that rate and proportion granted in the time of Edward the Third But that Record which comes home to this case and is an identical president in the very particular before your Lordships to give you full satisfaction is found in Rotulo Parliamenti in Parliamento 2. for the miseries at home and the calamities abroad caused in one year sometimes two sometimes three Parliaments in those elder times de An. 2. Rich. 2. n. 14. where the Dukes Earls and Barons are all particularly rated and the Duke of Britain is there assessed as a Duke though he were a Free Prince and had only the Title of Earl of Richmond in England Nay my Lords the House of Commons at this time hath come far short of the same president in favour of the Noble Ladies for whereas the Countesses Dowagers were rated at the same proportions with Earls and the Widows of Barons at as high a rate as the Barons themselves we have now eased them of two parts of that and only charged them with the third I hope now your Lordships have seen both reason and president for our proceedings at this time you will be pleased to believe that the House of Commons will be as careful and tender of your Lordships Rights and Priviledges as of their own We know my Lords that this is the way to preserve peace and unity between us which as it is always expedient so is it at this time most necessary For the two Houses are as the two Arms of the Kingdom if we hold fast together we shall be able to Accomplish great things worthy to be transmitted to after-Ages but if we dissever and disunite we may end in ruin and calamity So much of the said Record as concerns the rating of the Nobility and Gentry is here added it being presented thus ready written at the said Conference Rot. Parliamen in Parliamento 2. de An. 2. Rich. 2. N. 14. Le Duc de Lancastre le Duc de Bretaigne chescun a x. Markes chescun Conte D'engleterre iiii l. Chescun Countesses veoves en Engleterre a tant come les Count iiiii l. Chescun Baron Baneret ou Chivaler qui poet a tant dispendere xl s. Chescun Baronesse veove paiera come Baron Banresse come le Baneret xl s. Chescun Bachiler chescun Esquier qui per Le statute deveroit estre Chivaler xx s. Chescun veove Dame feme de Bachiler on Esquier al afferant xx s. Chescun Esquire de meindre estate vi s. viii d. Chescun feme veoxe de tiel Esquire ou Marchant suffisant vi s. viii d. Chescun Esquier nient possession de terres ne chateux quest en service ou ad este armes iii. s. iiii d Captain Pollard this day Petitioned the House Captain Hugh Pollard Bailed that he might have liberty to go into the Country to visit his Father who lay very sick and was so far displeased with him upon the misfortune of his Accusation that he was afraid he would dis-inherit him and the Earl of Essex and another Lord offering to be Bail for him it was Ordered That by Warrant from the Speaker he should be delivered from the Gate-House to the Serjeant at Arms who was to take Bail of 1000 l. from himself and 500 l. apiece from his Bail Thursday July 1. Stannery Bill passed the Commons The Articles against the Judges Voted for his appearing upon Monday three weeks The Bill for Regulating the Court of Stanneries was this day read a third time and passed the Commons Mr. Hide reports the Articles against Judge Crawley Sir Humphrey Davenport Lord Chief Baron of the Exchequer Sir Thomas Trevor Baron of the Exchequer Sir Richard Weston Baron of the Exchequer which were singly Voted and ordered to be Engrossed and a Conference to be desired with the Lords and that Sir Randal Crew 's Case be then recommended to their Lordships to move his Majesty to recompence him with Honour for his Sufferings for the Publick Upon Mr. Peard's reporting of the Case of Mr. Faunt Mr. Peard Reports Mr. Faunt's Case it was Resolved c. That the Sentence in the Star-Chamber against Sir William Faunt was without ground of any thing that appears either in answer or proof Resolved c. That the said Mr. Faunt and his Father as Co-executors ought to be restored to all that was paid either by Sir William Faunt or them Resolved c. That the Cause be represented to the Lords to the end the Sentence may be reversed and the Parties restored to all that they and their Testators have paid Resolved A Vote against the Council Board c. That neither the Body of the Lords of the Council nor any one of them in particular as a Privy-Councellor hath any power to imprison any Free-born Subject except in such Cases as they are warranted by the Statutes of the Realm Engrossed Articles against Lord Chief Justice Bramston Friday July 2. Lord Chief Baron Davenport the Judges Crawley Weston Trevor and Berkley voted to be carried up to the Lords The Bills against the Court of Star-Chamber and High-Commission Court Bills against Star-Chamber c. Carried up to the Lords with the amendments passed and carried up to the Lords by Mr. Capel as also the Bill for raising Mony for the speedy disbanding the Armies and to move their Lordships to desire of his Majesty his Royal Assent to them with all convenient Expedition The Bill for the Poll-mony with the Amendments were twice read in the House of Lords and agreed to with this Memorandum Memorandum A Salvo entered by the Lords about the Poll Money That a Salvo be entred for the preserving the Priviledges of Peers of this Realm for Rating and Taxing themselves in Subsidies by Members of this House in time of Parliament This day was read a third
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
out of their House they revived his Dormant Speech concerning the Attainder of the Earl of Strafford And notwithstanding that tender point of freedom of Speech which he might well plead as a Member of that Body where it is allowed to all Men to speak according to their Conscience yet upon the Debate of it they proceeded to these Votes Resolved c. Votes about the Lord Digby's Speech against the Bill of Attainder of the E. of Strafford That the Lord Digby 's Speech upon the Bill of Attainder of Thomas late Earl of Strafford contains matters Vntrue and Scandalous and that the Printing and Publishing of it is a Crime Resolved c. That Sir Lewis Dives and John Moor and Thomas Parston the Printer are Delinquents for Printing and Publishing the said Speech Ordered to be burnt by the Common Hangman Ordered That the Lord Digby 's Speech be burnt by the hand of the Common Hang-man on Friday in the Palace-Yard Cheapside and Smithfield And that these Votes be transmitted to the Lords for their Concurrence and that the Lords be moved to joyn with this House to Petition His Majesty That he would be pleased to forbear to confer any honour upon the Person of the Lord Digby who hath deserved so ill of the Parliament An Order for the speedy raising the Mony for disbanding the Army according to the Act of Parliament Wednesday July 14. The first Printing of the Orders of the H. of Commons was this day Ordered by the House of Commons to be Printed by the King's Printers The Order following about the Lord Digby's Speech to be presented to their Lordships at a Conference WHereas upon the 21 of April last past Orber about the L. Digby's Speech there was a Speech spoken in the House of Commons at the passing of the Bill of Attainder of Thomas Earl of Strafford by the Lord Digby then a Member of the said House the which Speech contained in it matters Vntrue and Scandalous as they have reference to the Proceedings of the Committees of the Lords House and this and to the Evidence of the Witnesses produced in that Cause And whereas the said Speech was published by the Lord Digby after the said Bill of Attainder was past by Vote in this House and after that great offence was taken to the said Speech and the same questioned in the House to the scandal of the Proceedings of this House and is since come forth in Print to the scandal of the Proceedings of His Majesty and both Houses of Parliament It is therefore this day Ordered by the said House That all the said Books so Printed shall be publickly burnt on Friday next part of them in the New Palace-Yard at Westminster the other part of them in Cheap-side London and the rest in Smithfield by the hands of the Common Hang-man And to that purpose the Bailiff of Westminster and the Sheriffs of London and Middlesex respectively are hereby required to be Assistant to the effectual Execution of this Order and see the said Books burnt accordingly And it is also Ordered by the said House That the Master and Wardens of the Company of Stationers do their utmost endeavours to collect all the said Books into their hands remaining now dispersed among their Company and others and forthwith deliver them to one of the Sheriffs of London to be burnt according this Order And all others who have any of the said Books are hereby required forthwith to deliver them to one of the Sheriffs of London or Bailiff of Westminster as they will undergo the displeasure of this House in doing the contrary to be burnt according to this Order The ingrossed Articles against the Bishop of Ely were read Upon his Petition and Submission to the House Mr. Mr. Whittacre released from the Tower Pym Reports the Conference about the Q. Journey to the Spaw Whittacre was this day discharged from his Imprisonment in the Tower Mr. Pym Reports the Conference with the Lords about the Queen's Journey That the Lords had agreed to the Propositions and had resolved to send a number of their House to desire His Majesty to be pleased to appoint some time when such a certain number of both Houses as he shall think fit may attend him touching this business and that if he please the Queen to be prefent The Lords appointed to wait upon the King to know his pleasure herein were Lord Steward Lord Chamberlain Earl of Bath Earl of Bedford and Earl of Essex An Act for the Confirmation of the Subsidies granted by the Clergy was this day read the Bill was once read the Preamble and Confirmation was read 3 times And afterwards being put to the Question Bill of Subsidies granted by the Clergy passed the Lords and carried down to the Commons Thursday July 15. it was consented to pass Nemine Contradicente Then the Confirmation being Subscribed by the Clerk of the Parliament Soit baille aux Comuns it was sent down to the House of Commons by Serjeant Whitfield and Serjeant Finch to pass there A Message from His Majesty by the Lord Chamberlain to acquaint the Lords that he appoints to meet both Houses at Four of the Clock this day in the Banquetting-House about the Queen's Journey which was at a Conference communicated to the Commons Heads of the Address to stop the Queens Journey YOur Majesties Loyal Subjects the Lords and Commons taking notice of an Intention of the Queen's Majesty to pass beyond the Seas whereby the Kingdom will be deprived of the comfort of Her Majesties presence they have thought good to express their humble Duties and Affections to Your Majesty and to the Royal Person of the Queen in some Considerations which they do now present unto You as they conceive very important for the good of this Kingdom and the safety and contentment of Her Majesty whose Honour and Happiness shall always have a chief place in their Estimation which Considerations are these following I. First there is great Cause to doubt lest the Papists have some Design upon Her Majesties Journey because the House hath been informed that divers of them have sold off their Lands to a great value and used other means to get ready mony 2. It is observed some of them have been very diligent gathering great quantities of Gold 3. It is informed that more then ordinary numbers of Papists are gone beyond Sea already and those of the better sort II. The great number of English Fugitives now beyond the Seas who by their late Designs and Practices are known to be full of Malice to the State and will no doubt seek all opportunities of access to Her Majesty and as much as they can labour to infuse into her such evil Counsels as may trouble the Peace of the Kingdom whereof at this time there is more danger because the Affairs of the Kingdom are not yet fully setled and upon the Disbanding the Army all Parts are like to
from the King in haec verba His Majesty hath commanded Me to tell you Munday July 19 Message from the King about a Priest of the Venetian Ambassadors that upon a Complaint of the Venetian Ambassador for the imprisoning of a Priest being His Majesties Subject he thinks fit that these two Things be done First That all Ambassadors should have it declared to them in His Majesties Name that they retain no Priests Natives of any of His Majesties Dominions Secondly That the Priest belonging to the Venetian Ambassador be presently sent out of the Kingdom and not to return again but at his Peril This Favour His Majesty thinks fit to shew the Venetian Ambassador seeing the particular Person as His Majesty is informed hath been his Servant these three Years and was brought over with him when he came the Ambassador being ignorant of the Laws of the Kingdom Whereupon it was Ordered That the Committee of Ten inform themselves of the truth of the Ambassadors Complaint and the State of the Case Bill about the Marches of Wales A Message was brought from the Commons by Sir Robert Harlow who also brought up a Bill which had passed that House for freeing five Counties from the Jurisdiction of the Marches of Wales Mr. Bellasis also brought up another Bill Bill for Billet Money c. which had passed the House of Commons Entituled an Act for securing of such Monies as are or shall be due to the Inhabitants of the County of York and the other Counties adjoyning wherein His Majesties Army is or hath been Billetted for the Billet of the Soldiers of the said Army as also to certain Officers of the said Army who do forbear part of their Pay according to an Order in that behalf in the Commons House of Parliament this present Session for such Use of their parts as they shall forbear Five new Heads added to the Ten former Propositions July 20. 1641. The Earl of Bristol Reports from the Committee of both Houses for the Ten Heads That the House of Commons have presented to their Lordships five Propositions which they desire may be added to the other Ten Heads and that their Lordships after Consideration of them would joyn with them to move His Majesty therein the Heads were these viz. I. The House of Commons doth declare That no Forreign Ambassador what soever ought to shelter or harbor any Popish Priests or Jesuits that are Natives of the Kings Dominions under pretence of being their Servants or otherwise and that the select Committee of their House for the Ten Propositions shall present this Declaration to the Committee of this House to the end that their Lordships may joyn with them to Petition His Majesty that this may accordingly be observed II. That Care may be taken concerning several Commissions granted for the Levying of Men in Ireland to the number of Fourteen Thousand Men as is informed and all of them Papists to the end to be transported as is conceived to Princes not well affected to this Kingdom and that Popish Commanders may not have such Power by Commissions as is of late granted to them III. Also that no Papist hereafter may have the keeping of any Castle Fort Chace Forrest Park or Walk within England and Wales and that such as are in Possession may be outed according to Law IV. That the King be moved to let the House of Commons have such Gun-powder out of His Majesties Stores as may be spared and they will pay after the rate of ten Pence per Pound for it as soon as they can get Monies V. And lastly To move His Majesty that the Arms which have been taken from the several Counties may be restored to them and if His Majesty can spare any Arms out of His Store they will buy them Hereupon the Lords taking these five Propositions into Consideration Ordered To joyn with the House of Commons humbly to move His Majesty that he would please to Assent to them To this purpose Earl of Essex Earl of Warwick Earl of Cambridge Earl of Bristol Viscount Say and Seal were appointed to attend His Majesty for His Answer After which William Smyter William Shepheard Toby Gratwick Rioters at St. Olaves released George Ewer Hugh Barcok Thomas Low George Pitcher and Edward Symonds upon their Humble Petition and Acknowledgment of their Misdemeanors in the Tumult at St. Olaves and St. Saviors were released from their Imprisonment A Conference having been had-with the Lords about the French Ambassadors Tuesday July 20. French Ambassador desires to have the Disbanded English Army for his Masters Service desire to have some of the disbanded Troops Sir John Culpeper Reports That the French Ambassador had waited upon His Majesty to desire that upon disbanding of the English Army he might have liberty to carry such Men over for his Masters Service as he could agree with and that His Majesty had told him that he would give no Answer till he had acquainted the Parliament with it Whereupon it was Ordered That the House should consider of it on Thursday Morning The engrossed Articles against the Bishop of Ely were this Day carried up to the Lords by Sir Thomas Widdrington who at the reading of them made this following Oration to blacken the Lawn Sleeves which was then the greatest Perfection of Eloquence and of Religion to be highly uncharitable My Lords I am commanded by the Knights Citizens and Burgesses now Assembled for the Commons in Parliament to deliver to your Lordships these Articles against the Bishops of Ely May it please your Lordships first to hear them read MY Lords These Articles are dipped in those Colours Sir Thomas Widdrington's Speech at the reading of the Articles against the Bishop of Ely 20 1641. in which this Bishop rendred himself to the Diocess of Norwich they need no Gloss nor Varnish In them you may behold the spirit and disposition of this Bishop hear the groans and cryes of the People see a Shepherd scattering I had almost said devouring his own Flock He that was desired to paint Hercules thought he had done enough when he had made a resemblance of the Lyons Skin which he was wont to carry about him as a Trophy of his Honor. I will say that in these you will not find a resemblance of the Lyons Skin I am sure you will find the resemblance of the Skins that is to say the tattered and ruin'd Fortunes of Poor Innocent Lambs who have extreamly suffered by the violence of this Bishop In the year 1635 this man was created Bishop of Norwich he is no sooner there but he marcheth furiously In the Creation of the World Light was one of the first productions the first visible action of this Bishop after his Creation into the See was to put out many burning and shining Lights to Suspend divers Able Learned and Conscientious Ministers he that should have been the golden Snuffer of these Lights became the Extinguisher and
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
For the City and County of the City of Lincoln the Major for the time being and Thomas Grantham Esquire For the West Riding of the County of York Ferdinando Lord Fairfax Sir Edward Roads Sir William Strickland Henry Cholmley Esquire For the East Riding Sir Marmaduke Langdale John Allured Esquire For the North Riding Thomas Hebblethwait Esquire Sir Henry Anderson Sir Henry Slingsby John Wastell Esquire For the City and County of the City of York the Lord Major for the time being Sir Thomas Widdrington and Sir William Allison For the County of Sussex Sir Thomas Pellham Mr. Shelley Mr. William Hay For the Ports in Sussex William Hay Herbert Morley Esquire For the County of Bucks Sir William Andrews Baronet Sir Alexander Denton Knight Sir John Parsons For the County of Berks Sir George Stonehouse Sir John Bacchus Roger Knight Esquire For the County of Cornwal Sir Richard Carey Baronet Alexander Carey Esquire Sir Richard Butler Knight For the County of Cumberland Richard Barwick Esquire William Pennington of Seaton Esquire For the County of Cambridge Sir Dudley North Sir John Cutts Thomas Chichely Thomas Wendy and Thomas Symonds Esquires For the County of Devon Sir Samuel Rolle Sir John Bramfield Baronet For the City of Exceter the Major for the time being For the County of Dorset Sir Walter Erle Sir Thomas Trenchard Knights For the County of Essex Sir Harbottle Grimston Sir Richard Everard Sir Thomas Bendish Sir Robert Kemp. For the County of Gloucester Henry Bret Esquire Sir Robert Cook Edward Stevens Thomas Hodges Esquires For the City and County of the City of Gloucester the Major for the time being and the two Ancient Aldermen For the County of Huntingdon Sir Sydney Mountague Anslow Winch Esquire Tirel Josseline Esquire Henry Cromwel Esquire For the County of Hertford Edward Chester Edward Wingate Esquires John Butler For the County of Hereford Walter Kerle Esquire Sir William Crofts Knight John Scudamore of Kenchurch James Kirle Edward Broughton Esquires For the County of Kent Mr. Edward Boyes Sir Thomas Walsingham Sir Edward Partridge Knights Richard Lee Esquire For the City and County of the City of Canterbury Sir Edward Masters Knight and for the Ports in Kent and their Members Sir Edward Boys Knight For the County of Leicester Sir Arthur Haslerigg Thomas Lord Grey For the County of Middlesex Sir John Danvers Sir William Roberts Sir Henry Roe Sir Gilbert Gerrard Sir John Franklyn For the City of Westminster Sir Robert Pye William Wheeler John Glyn Esquires For the City of London the Lord Major Thomas Soame Isaak Pennington Aldermen Samuel Vassal and Captain John Ven Merchants Members of the House of Commons For the County of Northampton Edward Montague Esquire Sir John Dryden Sir Christopher Yelverton Zouch Tate Esquire For the County of Norfolk Sir John Potts Sir Thomas Woodhouse Sir Edmond Moundeford For the City and County of Norwich the Major for the time being For the County of Northumberland Sir John Fennicke Henry Ogle Thomas Middleton William Shafto of Babington Esquires Town of New-Castle the Major for the time being Mr. Ledyard For the Town of Barwick Sir Robert Jackson Mr. John Sleigh Gent. William Fenwick Gent. For the County of Oxon. James Fynes Sir William Cobb Sir Thomas Penniston and John Doyley Esquire For the County of Rutland Sir Guy Palmes Sir Edward Harrington Robert Horseman Esquire For the County of Surrey Sir John Evelyn Sir Ambrose Brown Baronet For the County of Salop Sir Richard Newport Mr. Richard Moore Charles Baldwin Esquire For the County of Southampton Richard Whitehead Esquire Sir William Lewis Town of Southampton Major for the time being For the County of Suffolk Sir Roger North Sir Robert Crane Robert Reynolds Esquire Sir William Platers William Cage Esquire For the County of Somerset Sir John Horner Sir John Pawlet Knights John Pyne Esquire City of Bristol the Major for the time being John Gunning John Tomlinson For the County of Westmorland Sir Philip Musgrave Knight and Baronet Sir Henry Bellingham Gawin Braithwait Esquire For the County of Wilts Sir Nevil Poole Anthony Hungerford Esquire For the County of Worcester Humphrey Solloway Esquire Edward Dingley Edward Pitt Thomas Rouse Esquire City of Worcester the Major for the time being For the County of Warwick Sir Richard Skeffington William Combes Esquire John Hales Richard Shugborough Esquires For the City and County of Coventry the Major for the time being Alderman Million John Barr Esquire For the City of Litchfield the Bailiffs for the time being For the County of Anglesey Thomas Buckley Owen Wood Esquires For the County of Pembroke Henry Williams Thomas Gwyn William Morgan Esquires For the County of Carnarvan Thomas Glyn of Nantley William Thomas Owen Wynn Thomas Madrin Esquires For the County of Denbigh Thomas Middleton John Loyd William Wyn Esquire For the County of Flynt Thomas Mostyn Humphry Dymock John Eaton John Salisbury Esquires For the County of Glamorgan William Herbert Sir Thomas Lyne Miles Buton Esquires For the County of Merioneth William Salisbury Esquire Sir James Price Knight For the County of Pembrook Sir Richard Philips Baronet Sir Hugh Owen Knight and Baronet For the County of Montgomery Arthur Price Esquire Richard Griffith Edward Vaughan Esquires For the County of Radnor Thomas Lewis Robert Williams Richard Jones Esquires For the County Palatine of Durham Sir Lionel Madidson Sir Alexander Hall George Lilburn Clement Fulthorp For the County of Cardigan Walter Loyd James Lewis Esquires For the County of Carmarthen Richard Earl of Carberry Francis Loyd Esquire For the County of Monmouth Sir William Morgan Thomas Morgan William Herbert of Colebrook William Baker of Abergany Sir Robert Cooke Sir Charles Williams James Kirke Esquires Which said Persons so appointed and nominated or any one or more of them together with the Justices of the Peace of every Shire County or Riding respectively or any one or more of them or the Major Bailiffs Justices of the Peace Jurats or other Head-Officers within any City or Town Corporate or other Priviledged places or any one or more of them respectively shall have Power and are hereby authorized and required to do and perform all and every such thing and things as shall be necessary to the due execution of this present Ordinance according to the Instructions herewith annexed which said Instructions are hereby Ordered and Commanded to be duly observed and executed by all and every Person and Persons whom it shall or may appertain as they will answer the contrary at their Perils This Ordinance to continue no longer then till the end of this present Session of Parliament Instructions appointed by Ordinance of Parliament to the Persons thereby Authorized for the Disarming of Popish Recusants Instructions to the Comissioners for Disarming Popish Recusants and others and other dangerous Persons I. SUch Members of the House of Commons and other Persons as in and by the said Ordinance are particularly named and appointed or any one or more of them and the Justices
certainly by the informing Sectaries who were very diligent in springing Game for the Committee and Sub-Committees for Religion the Ministers Remonstrance and for Scandalous Ministers Mr. White 's Mr. Corbet's Sir Robert Harlow's and Sir Edward Deering's Committees And then these Godly Informers must be gratified for their Petitions Informations and such like good Service to the Common-Wealth by the Imprisonment Scorn and Contempt Charges and many times utter Ruine of the truly Loyal and Orthodox Clergy of the Church of England And whoever will take the pains to Rake in that Libel of Mr. White 's called The first Century of Scandalous Malignant Priests will find that the greatest Crimes which many of the Clergy were Accused for and turned they and their Families naked to the wide World were the disobeying this Order For Bowing at the Name of Jesus Examples 33 and 43. For setting up the Name of Jesus in the Church Ex. 72.83 Preaching against Sacriledge Ex. 22. Bowing the Body in God's House Ex. 7. But to return to the House of Commons after the Voting of this Declaration they fell upon the business of the Recess and preparing Instructions for the Committee which was to Sit during the time of the Adjournment And Mr. The standing Committee during the Recess of the Parliament Pym Sir Gilbert Gerrard Sir John Franklin Sir John Culpeper Mr. Wheeler Sir Henry Mildmay Mr. Bridgman Sir Thomas Bowyer Sir Thomas Barrington Sir Edward Hales Sir William Litton Sir Richard Cave Mr. Robert Goodwin Sir Samuel Luke Mr. Wingate Sir Robert Pye Alderman Soams Alderman Pennington Captain Venn Mr. Vassal Lord Falkland Capt. Rainsborough Mr. Bence Sir Peter Wroth Sir John Holland Mr. Winwood Mr. John Goodwin Sir Thomas Dacres Mr. Morley Mr. Henry Martin Mr. Arthur Goodwin Sir John Clotworthy Mr. White Mr. Sollicitor Mr. Spurstow Mr. Laurence Whitacre Serjeant Wild Mr. Strode Sir Henry Vane Mr. Glyn Sir Symon D'Ewes Sir William Drake Mr. Beddingfield Sir Gilbert Pickering Mr. Blakston Mr. Waller were appointed to be a Committee during the Recess This Committee to meet on Saturday next in the Exchequer-Chamber at Nine of the Clock in the Fore-noon Directions for the Committee during the Recess and they are to meet every Tuesday and Saturday in every Week and at such other times as they think fit during the Recess and they or any Six of them have power to meet with the Commissioners of the Lords appointed during their Recess at such times as they shall appoint They have Power to receive open and answer such Letters as come from the Committee in Scotland according to former Instructions and Orders of this House To take Care that the Orders of this House be punctually observed concerning Disbanding the Army Train of Artillery and Garrisons and for the Issuing and sending down of Money to those purposes To Recall the Committee in Scotland if they see Cause To go on in preparation of Proceedings against the Principal of such Delinquents as are already Voted or Complained against and to report Vpon any Informations of Riots or Tumults to have Power to send to all Sheriffs Justices of Peace and other Officers to stir them unto their Duties in repressing them and to report To Examine the Entries of the Clerks Books and that the Committee may not mistake any past Actions of the House a Clerk to be left there with the Books To take Care of the Preparations for his Majesties Revenue and to take into Consideration any Accounts to his Majesty To go on in prosecution of the Consideration of a West-Indian Company To take into Consideration the Fishing upon the Coasts of England Scotland and Ireland To take into Consideration the Resolutions of the Abuses in Exchange and Transporting of Money and the Regulating of the Par between this and other Nations To prepare the Irish Laws depending to be either at the Access transmitted to the Lords or recommended to the Irish Parliament To consider about Sal Petre and Gunpowder To send for any Persons Writings and Records To prepare a Discharge for the Earl of Warwick according to those Acquittances he hath given concerning the Northern Counties After which the Speaker desired he might have leave to go into the Country during the Recess which being granted the House was Adjourned till October 20. at Eight of the Clock in the Morning Happy had it been for England had they never met again to be the Authors of the most Dismal Tragedy that ever was Acted upon the Theatre of England but Providence whose Wisdom is unsearchable had Ordained them to be a Scourge to a People Wanton with Long Peace Ease Plenty and Even Religion it self The day to which the Parliament was Adjourned being now come Wednesday Octob. 20. both Houses met And the Lords being sate in their House and divers of them observing the Palace Yard full of Armed Men it was moved That it might be known upon what Grounds and Reasons the Trained Bands of Westminster were in the Old and New Palaces assembled The Lord Chamberlain being Captain General of the South Parts of this Kingdom during the King's absence in Scotland by Command of the House signified That his Lordship received a Desire from the Committee of the House of Commons which sate during the time of the late Recess that there might be a Guard of Souldiers about the Parliament to prevent the Insolence and Affronts of Souldiers at this time about the Town and to secure the Houses against other Designs which they have reason to suspect untill the Parliament meets and gives further Order therein Hereupon it was Ordered The Parliament takes a Guard of the Trained Bands of Westminster That the Lord Chamberlain shall by virtue of this Order continue a Guard of Souldiers to guard the Parliament Houses until the further Pleasure of the Parliament be known and that the Number of the said Soldiers shall be wholly left unto the discretion and management of the said Lord Chamberlain Captain General After this the Lord Keeper informed the House That he had received a Letter from the Lord Howard in Scotland dated the 14th of October which was read The Conspiracy in Scotland declaring That upon Monday Night then last there fell out a great Interruption in the Business there by reason of an Information given to the Marquiss of Hamilton the Earl of Argyle and the Earl of Lannerick That there was a Design to seize upon their Persons that Night whereupon they removed their Lodgings and stayed in the City all Night and relation being made hereof the next day to the Parliament the Earl of Crawford Colonel Steward and Colonel Cockram were restrained and after a further Examination his Lordship will give this House a further Information The first thing that was done in the House of Commons Mr. Pym's Report of what was done during the Recess Mr. Pym Reports what was done during the Recess THE first thing we had in Charge was
any Loss in their Fat 's Panns or otherwise by occasion of the Corporation of Westminster Resolved c. That the Obligation entred into by the Soapers of London to his Majesty upon their Deliverance out of Prison upon the Sentence of Star-Chamber conditioned that they would not make any more Soap without the License of the Corporation of Westminster were Illegal and contrary to the Liberty of the Subject Resolved c. That Sir John Hales Francis Plowdon Fitz Williams Conisby Delinquents about the Soap-Patent sent for by the Serjeant at Arms. Edmund Windham John Gifford George Vaughan _____ Stradlings shall be sent for as Delinquents by the Serjeant at Arms attending this House It was Ordered That according to the Order of the Ninth of November last Mr. Fitz Williams Conisby shall be expelled this House he being a Monopolist and that the Speaker Issue out a Warrant to the Clerk of the Crown for a Writ for a new Election for a Member to serve for the County of Hertford in his Place It was also Ordered Burgess to Preach before the Commons November 5th Monday Novemb. 1. The News of the Irish Rebellion which broke out upon Saturday October 23. That Doctor Burgess shall be desired to Preach before this House upon the Fifth of November This day the Lord Keeper informed the House of Lords That the Lord Lieutenant General of Ireland having yesterday Morning received a Pacquet of Letters and Examinations from the Justices and Council of Ireland discovering an Insurrection and Treason in that Kingdom and that the Rebels have already committed divers Murders and fired Houses and Villages of the Protestants there Vpon this the Privy-Council met at White-Hall and considering it to be a Matter of so great Importance thought it not fit to omit any Opportunity nor loose Time therefore because this House was appointed not to sit until this Afternoon * The L. Keeper the L. P. Seal L. High Chamberlain E. Marshal L. Admiral L. Chamberlain E. of Bath E. of Dorset E. of Leicester E. of Warwick E. of Holland E. of Berks E. of Bristol L. Viscount Say and Seal L. Mandeville L. Goring L. Willmot acquaint the Commons with the Irish Rebellion After they had staied a little Chairs were brought them and the Speaker desired them in the Name of the House to sit and be covered the Lords of the Council as Privy Counsellors thought it expedient to communicate the same speedily to the House of Commons and this Morning in a full House their Lordships in Person caused the Letters and Examinations concerning the Business to be publickly read unto them and desired the House of Commons to take the same into Consideration Hereupon the Letters and Examinations were read first a Letter which was sent from the Council of Ireland to the Lord Lieutenant General as follows May it please Your Lordship ON Friday the 22th of this Month after Nine of the Night The Letter from the Council of Ireland to the Lord Lieutenant General of the Discovery of the Irish Rebellion this Bearer Owen Connelly Servant to Sir John Clotworthy Knight came to me the Lord Chief Justice Parsons to my House in great secresie as indeed the Case did require and discovered unto me a most wicked and damnable Conspiracy plotted and contrived and intended to be also acted by some evil affected Irish Papists here The Plot was on the then next Morning Saturday the 23 of October being * * Ignatius Loyola not the Martyr Ignatius the Tutelar St. of Romish Rebels Ignatius Day about Nine of the Clock to surprize His Majesties Castle of Dublin His Majesties chiefest strength of this Kingdom wherein also is the principal Magazine of His Majesties Arms and Munition And it was agreed it seems among them that at the same hour all other His Majesties Forts and Magazines of Arms and Munition in this Kingdom should be surprised by others of the Conspirators And further That all the Protestants and English throughout the whole Kingdom that would not joyn with them should be cut off and so those Papists should then become possessed of the Government and Kingdom at the same Instant As soon as I had that Intelligence I then immediately repaired to the Lord Justice Borlace and thereupon we Instantly Assembled the Council and having sat in Council all that night as also all the next day the 23 of October in regard of the short time left us for the Consultation of so great and weighty a matter although it was not possible for us upon so few hours warning to prevent those other great mischiefs which were to be acted even at that same hour and that at so great distance as in all the other parts of the Kingdom yet such was our industry therein having caused the Castle that Night to be strengthned with Armed Men and the City Guarded as the wicked Councels of those Evil Persons by the great Mercy of God to us became defeated so as they were not able to act that part of their Treachery which indeed was principally intended and which if they could have effected would have rendred the rest of their Purposes the more easie Having so secured the Castle we forthwith laid about for the Apprehension of as many of the Offenders as we could many of them having come to this City but that night intending it seems the next morning to act their Parts in those Treacherous and Bloody Crimes The first man apprehended was one Hugh Mac-Mahon Esq Grand-son to the Traytor Tyrone a Gentleman of a good fortune in the County of Monoghan who with others that morning was taken in Dublin having at the time of their apprehension offered a little resistance with their Swords drawn but finding those we imployed against them more in Number and better Armed yielded He upon Examination before us at first denied all but in the end when he saw we laid it home to him he confessed enough to destroy himself and impeach some others as by a Copy of his Examination herewith sent may appear to your Lordship We have committed him until we might have further time to Examine him again our time being become more needful to be imployed in Action for securing the Place then in Examining This Mr. Mac-Mahon had been abroad and served under the King of Spain as a Lieutenant Colonel upon Conference with him and others and calling to mind a Letter which we received before from Sir William Cole a Copy whereof we send your Lordship here inclosed we gathered that the Lord Mac-guire was to be an Actor in surprizing the Castle of Dublin wherefore we held it necessary to secure him immediately thereby also to startle and deterr the rest when they found him laid fast His Lordship observing what we had done and the City in Arms fled from his Lodging early before Day it seems disguised for we had laid a Watch about his Lodging so as we think he could not pass without
Allegiance of this Kingdom what is this but to extol other then Regal Authority and to Crucify the Majesty of our Most Gracious Soveraign betwixt the two Thieves of Government Tyranny and Treason My Lords having such a full and lasting Gale to drive me into the Depth of these Accusations I cannot hereby Steer and Confine my Course within the Compass of Patience since I read in the first Volums of their Brows the least of these to be the certain Ruine of the Subject and if prov'd a most favourable Prologue to usher in the Tragedy of the Actors Counsellors and Abetters herein What was then the first and main Question it was the Subversion of the Fundamental Laws of this Kingdom Let then Magna Charta that lies Prostrated Besmeared and Grovelling in her own Gore discount her Wounds as so many Pregnant and Undeniable Proofs mark the Epethite Magna 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 confirmed by thirty Parliaments in the Succession of eight Kings the Violation of which hath several times ingaged the Kingdom of England in a Voluntary Sacrifice a Charter which imposeth that Pleasant and Wel-becoming Oath upon all Soveraignty to vindicate and preserve the Immunity thereof before the Crown incircle their Royal Temples in this Oath of so high consequence and general Interest his Majesty doth in a manner levie a fine to his Subjects use for avoiding all frandulent conveyances in the Administration of Justice And this Oath is transplanted unto the Judges as the Feoffees in trust appointed between his Majesty and the Subject and sealed by his Majesties provident care with that emphatical penalty that their Estates and Lives shall be in the Kings mercy upon the Violation of the same either in whole or in part neither hath the deserved punishment for the breach of this Oath enacted as fulgura ex vitrio or as bugbears to inforce the obedience of Children no my Lords the just execution of it upon their Predecessors though in breaches not so capital might have warned them to have strangled their ill born resolutions in the Cradle before they now proclaim their infancie and petition for their punishment Witness Sir Thomas Weyland his banishment confiscation of his Goods and Lands only for his mercenary Justice contrary to his Oath who was Chief Justice of the Common Pleas in the time of Edward the first Witness Sir William Thorp Chief Justice of the Kings Bench in the time of Edward the Third who was adjudged to be hanged because he had broken the Kings Oath made unto the People wherewith he was intrusted in the Roll. Now my Lords though Magna Charta be sacred for antiquity though its confirmation be strengthned by Oath though it be the proper Dictionary that expounds meum tuum and assignes a Subject his Birth-right yet it only survives in the Rolls but now miserable rent and torn in the practice These words Salvo contenemento live in the Rolls but they are dead in the Castle Chamber These words Nullus liber homo ejicitur è libero suo tenemento in praejudicium parium live in the Rolls but they are dead where property and free-hold are determined by paper-Petitions These words Nulli vendemus nulli differemus Justitiam live in the Rolls but they are dead when the Suites Judgments and Execution of the Subjects are wittingly and illegally suspended retarded and avoided Shall we desire to search the mortal wounds inflicted upon the Statute Laws who sees them not lying upon their death Bed stab'd with Proclamations their primitive and genuine tenures escheated by Acts of State and strangled by Monopolies Will you survey the Liberties of the Subjects every Prison spues out illegal Attachments and Commitments every Pillory is dyed with the forced Blood of the Subjects and hath ears though not to hear yet to Witness this complaint Do you doubt of the defacement of the amiable Offices of his Majesties most transplendent and renowned Justice and Grace let then that Microcosme of Letters Patents confirmed under his Majesties and his Predecessors broad Seal of the Kingdom being the publick faith thereof and yet unchristened by frivolous and private opinions rise up in Judgment let the abortive Judgment of the tenure in Capite where no tenure was exprest nay let the Heretical and Traiterous opinions where the Tenure was exprest yet to draw in all by Markets and Faires granted in the same Patents rise up in Judgments What glass hath this unhappy divided Kingdom from his Majesties presence and audience to contemplate the fair and ravishing form of his Royal intentions in but in the clear and diaphanous administration of his Justice and what do these Trayterous and Illegal practises aim at but in affront to his Majesty which we most tenderly resent and discontent to his Subjects to multiply as by a Magick Glass the Royal dispensation of his Favors into the ugly and deformed Visage of their Suppression of the Liberties Devastation of the Estates and the Deprivation of the Lives of his Loyal Subjects so that it may be said Regali Capiti cervicem consul equinam Jungere sic vellet variasque inducere plumas My Lords these ought to be considered with as serious an Ear as they were practised by mischievous Experiments Inquire of the Netherlands why their Fields are grown Fertile by the Inundation of Blood why the pensive Matrons solemnize too too frequent Funerals of their Husbands and Issue and they will Answer you it was for the Preservation of their Hereditary Laws which Tyranny would have innovated This Kingdom personated in the sable Habit of a Widdow with dishelved Hairs seems to Petition your Lordships That since she is a Mother to most of us yet certainly a Nurse unto us all that you would make some other for Redress of her Tyrannical Oppression These Persons Impeached resemble the opacous Body of the Earth interposed to Ecclipse that Light and Vigor which the solar Aspect of Majesty would communicate unto his Subjects They Imitate the Fish Sepia that vomits a Dark Liquor out of her Mouth to cloud the Waters for her securer Escape They are those whom to the Keys have been committed yet they have barred the Do or to them that Knoc't They are those Unnatural Parents that give their Children Stones instead of Bread and Scorpions for Fish Was it for this purpose that the Royal Authority situated them in these Eminent Places that like Beacons upon high Hills they should Discover and Proclaim each Innovation and Stratagem against the Publick Weal whilest they in the mean time imploy therein Fire to Publick Incendiary or like Ignes fatui seduce the easie and believing Traveller into Pits and unexpected Myres Were they sworn to Seal their Damnation and not their Confirmation of our Liberty Estates and Lives Shall a man be censured for Perjury in that Breach of his private Faith and those be justifiable in Treason aggravated by Perjury against the Dignity of the Crowns and Publick Faith of the Kingdoms No
nor any Security given therefore they desired their Lordships to take the same into Consideration for they relied more upon their Lordships Honor than their Security He said There was now such a slighting of the Government of the City that there is an Equality between the Mayor and the Commons the Power of the Mayor no more then that of the Commoners of the City they desired but Countenance from their Lordships and their Lordships shall have Service from them The Recorder delivered this as their Answer That they had hearty and good Affection to the Cause it being for Religion's sake the saving the Lives and Estates of Protestants the saving of a Kingdom and preserving it to the dependency of this Crown they would do their utmost Endeavours but would not promise any thing before every man had consulted with himself what he was able to do which they promised to do speedily and he hoped to give a further account thereof this Night Mr. Pierrepoint also in the Commons House made the Report about the same Proposition The Commons Report about the same which because it varies from the other in some particulars I will insert here as follows He said That according to the Commands of the House several of the Committee went to the Lord Major and Common Councel and delivered the Commands of this House how well this House took the former Lending of Money The Answer given us by Mr. Recorder was 1 That there were several Grievances they suffered under as first under the Protections which are granted which did not only hinder their lending of Money but did stop Trade To that Sir Henry Vane did give them satisfaction both of the Order lately made against Mr. Benson for granting of Protections and that this House had committed to the Care of a Committee to draw a Bill to prevent the Inconveniences that happen thereby Next Mr. Recorder propounded That 50000 l. heretofore lent to the Peerage of this Realm for the Publique Affairs is not yet paid Next the Common Council did find themselves aggrieved by a disrespect shewn to the Lord Mayor and the Magistrates of London by divers people who refuse to give any Obedience to any Warrant to appear before the Lord Mayor declaring they would not come and particularly in the Case of providing of Money and for their Loans of Money they will take into consideration and give an Answer this Day but the Security for the same is Expected to be by Act of Parliament The Commons then entred upon the consideration of the Irish affairs and several Votes were passed in order to the Relief of that Kingdom which were presented to the Lords for their Concurrence and which to avoid unnecessary repetitions the Reader will find when they come before the Lords An Information was brought to the House by one Richard Butch a Warder That there was great resort to Father Phillips in the Tower An Information against Phillips the Priest in the Tower Whereupon it was Ordered That Sir Gilbert Gerrard Sir John Franklyn Sir Thomas Barrington and Mr. Laurence Whittacre do forthwith repair to the Tower to Examine all such Strangers as they shall find there of their Dwelling and Business there and to tender them the Oaths of Allegiance and Supremacy and the Warders are hereby required to suffer none to come out of the Tower till these Gentlemen are come forth again Mr. Maynard Reported the Case of Gatton in Surrey Mr. Owfield his Election to serve for that Place is settled Case of Gatton in Surrey upon Election of Members the difference resteth between Mr. Sandys and Mr. Sanders who are returned by two Indentures Mr. Sanders hath for him 14 Voices Mr. Sandys hath 8 Voices but of the 14 Voices for Mr. Sanders 8 of them are dwellers out of the Town and one of them a Minister yet all of them have Freehold in the Town and of Mr. Sandys 8 Voices one of them was a Recusant Convict another the Clerk of the Parish who receiveth Yearly Wages from the Parish and then if these two should be declared to have no Voices their Voices are Equal so the Question in Debate was Whether the Election belonged to the Burgesses by Common Right or that the Free-holders dwelling out of the Town who had Freeholds in the Town ought to have Voices by virtue of a Particular Prescription The Committee were of Opinion That there was a Prescription in this Case which was good against a Common Right It appears by a Record 33 H. 8. that a Return was made by one Inhabitant And 10 E. 6. 6 E. 6. Returns made by the Inhabitants and Burgesses But 18 Jac. a President was shewn on the behalf of the Freeholders And for the Parson of the Parish Whether he shall have a Voice that cannot Sit here if he were chosen and next whether by Law a Recusant Convict ought to have a Voice and thirdly to receive the Judgment of the House whether one that receives Alms of the Parish shall have a Voice and then whether the Clark of the Parish who receives 50 s. per annum of the Parish is one that lives of the Alms of the Parish These were doubts offered to the Committee in the debate of this Election Vpon the matter it was Resolved c. That there is no sufficient proof of a Prescription against the Common Right within the Burrough of Gatton in Com. Surrey Resolved c. That the Parish Clark of the Burrough of Gatton does not appear upon the Evidence given to this House to be an Alms-man Resolved c. That Mr. Sanders Election for the Burrough of Gatton is not good Resolved c. That Mr. Sandys Election for the Burrough of Gatton is good Resolved c. That Mr. Sandys is well Elected and ought to Sit as a Member of this House upon the Election for the Burrough of Gatton The Lord Keeper signified this Day Thursday Novem. 4. That he had received a Letter from Mr. Secretary Vane dated the 28th of October last from Holy-Rood House touching the Intelligence which his Majesty had received in Scotland concerning the Rebellion in Ireland which is by his Majesties Command to be communicated to both Houses of Parliament here to whom he hath recommended the Care of those Affairs and Expects their Advice what Course is fittest to be taken for the reducing of that Kingdom The King Informed in Scotland of the Irish Rebellion recommends it to the Care of the Parliament Marquess of Winton has leave to sell his Arms. Likewise his Lordship said he had received Copies of other Letters which were sent to his Majesty out of the North Parts of Ireland desiring his Majesty to send them speedy Supplies for the Saving of that Kingdom All which were referred to the Committee for Irish Affairs It was Ordered That the Lord Marquess of Winchester shall have liberty by vertue of this Order to sell off his Arms to such Tradesmen as
appeared without all doubt to be universal in all the Northern Parts and it was dangerously to be suspected that this impetuous Torrent would not be contained within those Bounds but that the other Parts of the Kingdom would by their Example and Incouragement break all the Banks of Obedience and Loyalty so that an universal Deluge of Rebellion was hourly expected And to add to the misfortune there was no Mony in the Exchequer to raise Men to oppose the Progress or crush the first beginnings of the Conspiracy the veterane Army which was kept a foot was very inconsiderable and dispersed into several distant Quarters and Garrisons and if they had been together not much above 3000 Foot and Horse as appears by this following List A List of his Majesties Army in Ireland 1641. before the Rebellion A List of the Officers and Army in Ireland when the Rebellion brock out The Foot Companies consisting of 6 Officers viz. Captain Lieutenant Ensign Chyrurgeon Sergeant and Drum and 44 Soldiers each Company were under these following Commanders Lord Lieutenant's Guard 45 Sir Robert Farrar 44 Sir Thomas Wharton 44 Sir George St. George 44 Captain Francis Butler 44 Lord Docwra 44 Sir Robert Steward 44 Lord Viscount Baltinglass 44 Captain George Blunt 44 Sir Frederick Hamilton 44 Sir Lorenzo Cary 44 Sir John Gifford 44 Sir John Nettervile 44 Sir Arthur Tyringham 44 Captain Charles Price 44 Capt. Thomas Games 44 Sir John Borlase 44 Sir Arthur Loftus 44 Lord Esmond 44 Sir George Hamilton 44 Sir William Stewart 44 Sir John Sherlock 44 Captain John Ogle 44 Sir William St. Leger 44 Lord Blaney 44 Lord Viscount Rannelagh 44 Sir John Vaughan 44 Sir Henry Tichbourn 44 Lord Castle Stewart 44 Capt. Chichester Fortescue 44 Captain John Barry 44 Capt. Thomas Rockley 44 Capt. Philip Wenman 44 Sir Charles Coote 44 Sir Francis Willoughby 44 Capt. Robert Bailey 44 Capt. William Billingsley 44 Lord Lambert 44 Lord Folliot 44 Captain Robert Biron 44 Earl of Clanricard 44 These 41 Foot Companies contain Officers 246. In all 2297. Soldiers 2051. In all 2297. The Horse Troops consisting of Captain Lieutenant Cornet and Horsemen The Lord Lieutenants 108. Earl of Straffords 58. Lord Wilmots 58. Lord Viscount Moors 58. L. Viscount Cromwel of Lecale 58. Sir George Wentworths 58. Sir Adam Loftus 58. The Marquess of Ormonds 107. Lord Dillons 58. Sir William St. Legers 58. Lord Viscount Grandisons 58. Captain Arthur Chichesters 58. Lord Viscount Conways 58. These 13 Troops contain Officers 42. In all 943. Horse and Foot 3240. Soldiers 901. In all 943. Horse and Foot 3240. A very inconsiderable Army had they been altogether in a Body The only thing which was of considerable advantage was That the Magazines were well stored with Arms and Ammunition For besides several Pieces of Artillery most of them fit for present Service there was Arms for 10000 Men 1500 Barrels of Powder with Match and Ball proportionable in the Castle of Dublin but this Store was owing to the Care and Prudence of the Wise thô Unfortunate Governor the late Earl of Strafford whose Providence even after his Death became thus Serviceable towards the preservation of that Kingdom However in this Extremity of Affairs the Lords Justices and Council set themselves with all possible application to provide against this threatning Tempest Sir Francis Willough by Governor of the Castle of Dublin And in the first place they Constituted Sir Francis Willoughby Governor of the Castle of Dublin placing such a Number of Men in Garrison there as might be able to defend a Place of so great Importance as that then was by reason of the Stores of Arms and Ammunition there deposited that from the surprizing of it the Rebels had promised themselves the greatest advantages in their Wicked Enterprizes and thô Providence had discovered and disappointed that part of their Design yet it might reasonably be suspected that they would not give over that attempt the accomplishment of which either by force or fraud would of necessity so much facilitate all their other Intentions Letters and Expresses were dispatched unto the Presidents of Munster and Connaght Letters sent to the Nobility and Gentry to inform them of the discovery of the Plot. and to diverse of the Principal Gentlemen in those two Provinces as also to those of the Province of Lemster giving them an Account of the Discovery of the Plot that so they might stand upon their Guard and take the best Measures they could for their own and the Security of those Countries where they Inhabited an Express was sent to the Earl of Ormond then at his House at Carick with Letters to the same Effect and also to desire his Lordship with all possible Expedition to advance with his Troop of Horse to Dublin They sent Commissions to the Lords Viscounts of Clandeboys and of Ardes for Raising and Arming of the Scots in the Northern Parts as also soon after to Sir William Steward and Sir Robert Steward and several other Gentlemen of Quality in the North which they were forced to send by Sea the Rebels having cut off all intercourse to those Parts by Land The Letter to then Earl now his Grace the Duke of Ormond was as followeth AFter Our very hearty Commendations to your Lordship by this Proclamation your Lordship will find the Condition of Affairs here Our haste admits not long Discourse upon this Subject A Letter from the Lords Justices and Council to the Earl of Ormond of the discovery of the Pot Oct. 24. 1641. only we pray and require your Lordship to give Order that it be published there We having also directed this Bearer to leave one Proclamation at every Market-Town in his Way thither for the more speedy Publication of the disappointment of their Design In the weighty Consultations now requisite here your Lordship's Presence with us is so necessary as we must pray and require you to repair speedily hither where your stay shall not be longer than of necessity shall be requisite And so We bid your Lordship very heartily Farewel From his Majestie 's Castle of Dublin 24 October 1641. Your Lordships very loving Friends Will. Parsons John Borlase Rob. Dillon Rob. Digby Ad. Loftus John Temple Fra. Willoughby Ja. Ware Rob. Meredith The Plot was to Surprize all the Forts of the Kingdom yesterday at one Hour and they have taken Castle Blaney and Neury but yet we hear of no more The Lord Macguire Captain Mac-Mahon and several others We have Committed to the Castle Your Lordship is also required to bring your Horse Troop hither To our very good Lord James Earl of Ormond c. Upon which Summons from the Lords Justices and Council his Lordship did with all the haste and diligence imaginable march with his Troop to Dublin there to receive their Commands and give Testimony of that Courage and steady Loyalty which will for ever Record his Name in the Memoires of Time for one of the most
That by the Words Irish Papists We intended only such of the Old meer Irish in the Province of Ulster as have Plotted Contrived and been Actors in this Treason and others who adhere to them and that We did not any way intend or mean thereby any of the old English of the Pale nor of any other Parts of this Kingdom We being well assured of their Fidelities to the Crown and having experience of the good Affections and Services of their Ancestors in former times of Danger and Rebellion And We further require all His Majesties loving Subjects whether Protestants or Papists to forbear upbraiding Matter of Religion one against the other and that upon pain of His Majesties Indignation Given at His Majesties Castle of Dublin 29. Oct. 1641. R. Ranelagh R. Dillon An. Midensis Ad. Loftus Geo. Shurley Ger. Lowther Jo. Temple Fr. Willoughby Ja. Ware God save the King With this the Lords and Gentlemen of the Pale seemed extreamly well satisfied and the Lords Justices and Council were so far from suspecting them guilty of the Conspiracy The Lords and Gentlemen of the English Pale supplied with Arms and Ammunition or that they would perfidiously renounce their Allegiance and fall in with the Rebels that they immediately supplyed them with a Convenient proportion of Arms and Ammunition to inable them to defend themselves and those Counties of the English Pale against the attempts and incursions of the Rebels To the Lord Gormanstone were delivered 500 Arms for the County of Meath Arms for 300 men for the County of Kildare Arms for 300 for the County of Lowth Arms for 300 for the County of West-Meath Arms for 300 for the County of Dublin And so assured did they seem to be of the Fidelity of these Lords and Gentlemen that several Commissions whereof that before inserted to the Lord Gormanstone was one and was found in his Study after he had quitted his House were issued out to the Roman Catholiques Borlase Hist p. 28. viz. To the foresaid Lord Gormanstone for Meath To the Lord Mountgarret in Kilkenny Nicholas Barnewell in Dublin Walter Bagnal in Caterlagh Lord Lowth in Lowth Sir Thomas Nugent in West-Meath Sir Robert Talbot in Wickloe the two Sir James Dillons in Longford and several others in Munster Connaght and Vlster who not long after most treacherously turned those Arms they had received to defend the Government and Protestants against them and basely joyned with the Rebels It seems by comparing several past and future Transactions of these Lords and Gentlemen of the Pale with some of the Examinations and Depositions taken about the Rebellion that if they were not in the Conspiracy yet they had a great inclination to promote rather than suppress it though after all the indiscreet Zeal of the then Chief Governors by putting their Agent Sir John Read to the Rack gave them but too great a pretence and colour for their Revolt and I know nothing that can be sufficient to palliate much less Excuse Rebellion upon any pretences whatsoever till St. Paul's holy Rule be reversed and that Men may do Evil that Good may come of it The Principal of the Rebels that at first appeared in the Execution of this detestable Conspiracy The Names of the Chief Rebels which broke out first in the Province of Vlster were Sir Phelim O Neal Turlogh O Neal his Brother Roury Mac-Guire Brother to the Lord Mac-Guire Philip O Reley Mulmore O Reley Sir Conne Mac-Gennis Col. Mac-Bryan and Mac-Mahon These having got together according to their Assignation did at one and the same time treacherously Surprize the Town and Castle of the Newry Several Places surprized by the Rebels the Fort of Dongannon Fort Montjoy Charlemont Tonrages Carick Mac-Rosse Clough-Cuter Castle Blaney Castle of Monaghan being all of them Places of considerable Strength and besides these many other Castles Towns and Villages so that before the End of October they had gotten into their Possession all the Towns Forts Castles and Gentlemens Houses within the Counties of Tyrone Donegal Fermanagh Armagh Cavan Londonderry Monaghan and half the County of Down except the Cities of Londonderry and Colraign the Town and Castle of Encekillin and some other Places which were for the present bravely defended by the British Undertakers though afterwards for want of Relief they were surrendred also into the Hands of the Rebels Nor will it appear at all strange The strange Secresy of the Conspiracy that they made so great Progress in so little time when it is considered that the Conspiracy was so secretly carried among them as that except the Information given to Sir William Cole it was not known to any of the English or British Inhabitants till they felt the Effects of it They Lived in the greatest seeming Friendship together with the Irish which brought them into a Security that proved so fatal to them And like People who are surprized in their midnight Sleep with their House blazing about their Heads when they had not seen the least Sparks of Fire at their lying down so it happened to these miserable Creatures who upon the first Risings about them put themselves their Wives and Children into the Protection of such of the Irish whom they had most Obliged and from whose Friendship they promised themselves Security and Preservation but these Perfidious and Inhumane Wretches too frequently either betrayed them into the Hands of the Rebels their Associates who Murdered and Destroyed them or at least Stript and Despoiled them of all they had or else having them and their Goods and Money in their Power basely did it themselves and it is almost a shame to Humanity Sir John Temple Irish Rebellion p. 70.71 et passim alibi to repeat the Cruelties which as the Writers of that time relate from the Depositions of those who escaped the Fury of the Irish were acted upon the Innocent English and British Inhabitants of that Island but it will be a greater and eternal Reproach and Infamy to the Priests and those who call themselves the Religious of the Romish Persuasion that they were the Actors and Instigators of the deluded People to commit those Execrable and Savage Cruelties as if they were Meritorious and Acceptable Services to God Almighty which far surpass the most Sanguinary Hecatombs that were ever offered to the Devil by the Blind and Pagan Idolaters and yet it is but too evident it must be placed to the account of those of the Popish Clergy for it seems before the Plot was come to Maturity there was a Consultation held at the Abbey of Multifernan in the County of Westmeath Borlase Hist p. 25. Dr. Jones's Deposition where among other things the Question was debated What Course should be taken with the English and all others that were found in the whole Kingdom to be Protestants some were only for expelling them as the King of Spain did the Moors out of Granada others disliked that Lenity urging that they might
or Provisional Clause to be added to the said Bill by way of Limitation or Restriction and did also at the same time express his displeasure against some Person or Persons which had moved some Doubt or Question concerning the bound of Prerogative which the House of Commons declare to be a breach of the Fundamental Priviledges of Parliament The House of Commons do therefore desire their Lordships would joyn with them in an humble Petition to his Majesty to take notice that the Priviledge of Parliament is broken herein and to desire him that it may not be done so any more hereafter After this matter had been debated by the Lords it was Ordered That their House will joyn with the House of Commons in a Petition to His Majesty herein And the Lord Arch-Bishop of York Earl of Pembroke Earl of Bristol Earl of Holland Viscount Say and Seal Episcopus Durham Episcopus Winton Episcopus Roffen were appointed a Select Committee to meet with a proportionable number of the House of Commons to consider of the Breach of Priviledge of Parliament and and to prepare some things incident hereunto and present the same to the House This Committee to meet with the Commons on Wednesday the 15th of this Instant December at Nine of the Clock in the Morning in the Painted-Chamber The Committee appointed by the Commons to meet with the Lords were Mr. Pym Serjeant Wild Mr. Glyn Mr. Martin Mr. Strode Sir Hugh Cholmley Mr. Hollis Mr. Hampden Mr. Sam. Brown Sir Thomas Barrington Sir Edward Rodney Sir Thomas Bowyer Sir William Armyn Sir Francis Barnham Sir Walter Earl Sir Edward Aiscough Sir Philip Stapleton Sir Anthony Irby Sir William Lewes Mr. Strangeways Sir Robert Cooke Sir Edward Montforte Sir William Litton and Sir Henry Ludlow The Lord Keeper also Reported the Effect of two other Conferences had this day with the Commons The first Conference consisted of two particulars First Whereas a Proposition was made by the French Ambassador to the King for saving Seven Romish Priests which were Convicted and the House of Commons presented their Opinions to this House that five of those seven Priests may be Executed according to the Laws Now the House of Commons desire their Lordships to joyn with them in an humble Petition to His Majesty that the Execution of the Laws may be done upon all the seven Priests and that both Houses would become Suitors to the King to take off the Reprieve Next a Letter was read sent from one Parthington in Ireland written to Sir John Clotworthy Knight shewing the great and barbarous Cruelties acted upon the Protestants in Ireland by the Rebels as hanging of them and pulling their Flesh from their Bones cutting off their Heads Hands and Feet ripping up of Women great with Child and killing of Children with divers other inhumane Acts. The second Conference was touching the Declaratory part of the Bill for Pressing of Soldiers That the House of Commons consents now to the Words or Compelled that they should be inserted into the Preamble of the said Bill upon condition that these Words may be added except it be in Case of Necessity of the sudden coming of an Enemy into the Kingdom And lastly That the House of Commons doth not intend to give any Reasons for the fortifying of the Declaratory Cause in the Preamble of the Bill for pressing of Soldiers it being a thing unusual for them so to do It seems the House of Lords was in great disorder about the King's Speech Lord Pierpoint to the Black Rod for some Words offensive to the Lords for the Lord Pierpoint in his Speech having said That it was not Honourable for this House to be in such Noise and Tumult the House conceived these words to be a great Offence to so Great and High a Court as this is and being charged with the Words he was Commanded by the House to withdraw but before he withdrew he desired to explain himself which he was permitted to do and he professed he did not speak the Words to give any Offence to the House His Lordship being withdrawn the House took the Offence done into Consideration and Ordered That the Lord Pierpoint shall be committed to the Custody of the Gentleman-Vsher attending the House for the present After which the House took into consideration the Proposition of the Commons concerning the seven Priests and it was upon the Question after much Debate Resolved by the major part to joyn with the Commons in an humble Petition to his Majesty That Execution of the Laws may be done upon all the 7 Priests that are Condemned and that he will be pleased to take off his Reprieve Memorandum The Lords the Bishops withdrew themselves before the voting of this Question it being in Agitatione causae sanguinis The Lord Steward and the Lord Chamberlain were Ordered to attend the King from both Houses concerning the 7 Priests to be Executed as aforesaid and that his Majesty will take off his Reprieve Most part of this day was spent by the Commons about the Debates of the King's Speech the Result of which the Reader hath already in the Conferences with the Lords but still the Faction could spare little time to remember their Petitioning Friends of Black-Heath who had run their Heads into the Noose of the Law and a Commission was gone out against them for an Inquisition upon which Occasion as before they had warned the Under-Sheriff of Surrey so this day produced an Order of the Commons to the Justices of the Peace of Surrey not to proceed in any Inquisition concerning any Persons that met to subscribe a Petition to be preferred to this House till they should recive further Orders therein from the House This day the Lord Arch-Bishop of York Wednesday Decemb. 15. reported from the select Committee of both Houses concerning the Privileges of Parliament three Particulars which the Committees think fit to be voted in both Houses as a Breach of the Privileges of Parliament And also that a Declaratory Protestation be entred into by both Houses for the claim of those Liberties and this to be drawn up by the Committees Likewise the Committees think fit that a Petitionary Remonstrance be presented to His Majesty from both Houses declaring the Right of Parliament to those Privileges and the Particulars wherein they have been broken with an humble Desire that the like may not be done hereafter and that his Majesty will be pleased to discover the Parties by whose Misinformation and evil Council his Majesty was induced to this Breach of Privilege that so they may receive condign Punishment for the same and that his Majesty be further desired to take no notice of of any Mans particular Speeches or Carriage concerning any Matter Debated and Treated in Parliament a Form whereof is to be drawn and presented to the Committee to Morrow Morning at Nine of the Clock And that the Committees have appointed the Lord Arch-Bishop of York the Lord Roberts Sir
for the present being not very welcome These People notwithstanding the rebuke which Sir Thomas Aston had met with for a Petition of this Nature yet in the midst of these wicked Times durst be honest and publickly avow themselves so which was far more The Petition as I find it in a Collection of Petitions printed afterwards by his Majesties Command at York to let the World see that a very considerable Part of the Nation was utterly against the pretended Reformation was as follows To the King 's Most Excellent Majesty and to the Right Honorable the Lords and the Honorable the House of Commons Assembled in Parliament The Humble Petition of divers of the Nobility Justices Gentry Ministers Freeholders and other Inhabitants of the County Palatine of Chester whose Names are contained in the Schedule Annexed YOur Petitioners with all Cheerfulness and Contentation The Cheshire Petition for the Common Prayer and suppression of Schismaticks c. affying in the happy settlement of the Distractions both of Church and State by his Majesties pious Care and the prudent and religious Indeavors of this Honorable Assembly and with due Humility and Obedience submitting to the unanimous Conclusions thereof yet conceive themselves bound in Duty Humbly to represent to your mature Considerations That the present Disorders of many Turbulent and Ill-disposed Spirits are such as give not only Occasion of present discontent to your Petitioners but seem to import some ill event without early prevention The pure Seed of our Faith the Doctrine of the Reformed Protestant Religion Established by so many Acts of Parliament and so harmoniously concurring with the Confessions of all other Reformed Churches being tainted with the Tares of divers Sects and Schismes lately sprung up amongst Vs Our Pious Laudable and Ancient Form of Divine Service composed by the Holy Martyrs and worthy Instruments of Reformation Established by the prudent Sages of State your religious Predecessors honored by the Approbation of many learned Foreign Divines subscribed by the Ministry of the whole Kingdom and with such general Content received by all the Laity that scarce any Family or Person that can read but are furnished with the Books of Common Prayer in the conscionable Vse whereof many Christian Hearts have found unspeakable Joy and Comfort wherein the famous Church of England our dear Mother hath just Cause to Glory and may She long flourish in the Practise of so blessed a Liturgy * * This the Reader will see presently in a Petition by Dr. Burgess c. of this Day Yet it is now not only depraved by many of those who should teach Conformity to Established Laws but in Contempt thereof in many Places wholly neglected All these dayly practised with Confidence without Punishment to the great dejection of many sound Protestants and occasioning so great insultation and rejoycing in some Separatists * * The true temper of the Separatists and Schismaticks from their first original to this Day as they not only seem to portend but menace some great Alteration and not containing themselves within the Bounds of Civil-Government do commit many tumultuous if not Sacrilegious Violences both by Day and Night upon divers Churches Therefore your Petitioners being all very apprehensive of the dangerous Consequences of Innovation and much scandalized at the present Disorders Do all unanimously Pray That there be admitted no Innovation of Doctrine or Liturgy that Holy Publick Service being so fast rooted by a long setled continuance in this Church that in Our Opinion and Judgments it cannot be altered unless by the Advice and Consent of some National Synod without an universal Discontent and that some speedy Course be taken to suppress such Schismaticks and Separatists whose factious Spirits do evidently indanger the Peace both of Church and State And Your Petitioners shall ever Pray c. Signed by Lords Knights Justices of the Peace and Esquires 94 By Gentlemen of Quality 440 By Divines 86 By Free-holders and others in all 8936 In all 9556 And in regard their Piety and Loyalty deserves a place in the Records of time and that in these Petitions the Reader will see the Temper and Genius of these Seditious and Turbulent Sectaries and Schismaticks the very Pests of Church and State the main Occasioners Managers Promoters Contrivers Encouragers Supporters and Conductors of this most Execrable Rebellion from its first Original till its last fatal Period most accurately pointed out in the just and too modest complaints of these Petitions for the Times and Persons would not bear truth unless apparelled in the most submissive Garb and Posture I will here subjoyn Sir Thomas Ashton's Petition which was presented to the Lords and for which he received a smart rebuke and narrowly escaped a Prison which I should have done in its proper place had this Collection of Petitions then come to my hands The Petition was as follows To the High and Honorable Court of Parliament The Nobility Knights Gentry Minsters Freeholders and Inhabitants of the County Palatine of Chester whose Names are Subscribed in several Schedules hereunto Annexed Humbly Shew THat whereas divers Petitions have lately been carried about this County against the present Form of Church Government The Cheshire Petition delivered to the House of Lords by Sir Thomas Ashton and the hands of many Persons of ordinary Quality sollicited to the same with pretence to be presented to this Honourable Assembly which we conceive not so much to aim at Reformation as absolute Innovation of Government and such as must give a great advantage to the Adversaries of our Religion We held it our Duty to disavow them all and humbly pray That we incur no mis-censure if any such Clamours have without our privity assumed the Name of the County We as others are sensible of the common Grievances of the Kingdom and have just cause to rejoyce at and acknowledge with thankfulness the pious Care which is already taken for the suppressing of the Growth of Popery the better to supply able Ministers and the removing of all Innovation and we doubt not but in your great Wisdoms you will regulate the Rigor of the Ecclesiastical Courts to suit with the Temper of our Laws and the Nature of Free-men Yet when we consider That Bishops were instituted in the time of the Apostles that they were the great Lights of the Church in all the first General Councils that so many of them sowed the Seeds of Religion in their Bloods and rescued Christianity from utter Extirpation in the Primitive Heathen Persecutions That to them we ow the Redemption of the purity of the Gospel we now profess from Romish Corruption that many of them for the propagation of the Truth became such Glorious Martyrs that divers of them lately and yet living with us have been so great Assertors of our Religion against the Common Enemy of Rome and that their Government hath been so long approved so oft Established by the Common and Statute Laws of
City and that the Resolution of the said Committee can take no effect until they be communicated to the Common Council the House of Commons desires their Lordships to joyn with them in an Order That the Lord Mayor shall call a Common-Council together as often and at such times as shall be desired by the said Committee and that whatsoever Order the said Lord Mayor hath or shall receive from either of the Houses of Parliament shall be imparted to the said Committee To the first part of this Message the Lords agreed To the second That the Lord Digby have notice to attend this House if he be at Kingston or at Court but if he be gone to Sherborn to fetch up his Lady he is to go on his Journey To the third It was Resolved c. That this House will joyn with the House of Commons concerning the Governor of Portsmouth These Lords following Lords Dissenting from the Vote about Portsmouth before the Question was put Desired their Right of entring their Dissent to this Vote if it were carried against them Which the House gave way unto viz. Earl of Southampton Lord Mowbray Lord Wentworth Lord Pierpoint To the latter part of the Message concerning the Common-Council the House agrees therein with the House of Commons and the next day they were drawn into formal Orders of both Houses The Earl of Southampton speaking some Words in the Debate of this Message which the House conceived to reflect upon the Honor of the House Earl of Southampton questioned for Words which were That the Parliament had neglected their Duty to the King for the safety of his Person Upon which his Lordship was put to explain himself which being done these Resolutions passed Resolved c. Nemine contradicente That this Parliament have performed their Duties to the King for the Safety of his Person Resolved c. That the Earl of Southampton hath satisfied this House with the Explanation he now made of himself A Message was then brought from the House of Commons by Sir Philip Stapleton being two Votes concerning Sir John Byron Lieutenant of the Tower to which they desired the Concurrence of the Lords 1. Votes of the Commons concerning the Lieutenant of the Tower That Sir John Byron the now Lieutenant of the Tower hath committed a high Contempt against the Authority and Priviledges of Parliament in refusing to appear upon the Summons of both Houses of Parliament To which the Lords agreed 2. That Sir John Byron the now Lieutenant of the Tower shall be sent for as a Delinquent The Lords deferred giving any Resolution of this last Vote at this time Search to be made about the Commons House In the Commons House it was this day Ordered That another Lock be set upon the Door under the Stairs at the Door of the Commons House and that Mr. Bell keep the Key and search it every Morning also that it be referred to the Committee appointed to search about the Houses and Places near the Parliament House to take daily care that all Places thereabout be safeguarded and kept Secure Mr. Calcot the Informer of Lunsford's being at Kingston with 500 Horse Theophilus Calcot gave the House Information of many Horse under the Command of Collonel Lunsford were Lodged at Kingston upon Thames to the number of 500 or thereabouts That there came Yesterday two Loads of Ammunition that there was last night Captain Thomas Howard a Member of the Commons House and as they say had a Command of some Men there Which occasioned the Message before mentioned It seems the Information did not agree for afterwards Mr. Hollis reported from the Committee appointed to consider of this Information That there were about 200 Men there that they have Pistols and discharge them and carry themselves in a disorderly Manner to the Terror of the People And in reality all this great Army at Kingston was only the Lord Digby and his ordinary Retinue But every thing was Multiplied and Magnified to the highest degrees and whether true orfalse it did the business Effectually and kept up the Fears and Jealousies of the People and confirmed them in the belief of strange Plots against the City and Parliament Then Mr. Sollicitor St. Johns Mr. Whitlock Sir H. Anderson The Committee to draw the Declaration to be sent into all Parts of the Kingdom to put themselves into a Posture of Defence Sir Gilbert Gerrard Mr. Green Sir John Holland Mr. Whistler Sir H. Mildmay Mr. Rigby Mr. Boduile Mr. Grimston Sir Martin Lumley Sir Edward Hungerford Mr. Cave Sir Edward Patherich Serjeant Wild Sir Thomas Barrington Mr. Ashton Mr. Moore Mr. Strode Sir J. Evelyn Mr. Noble Sir William Massam Mr. Lisle were appointed a Committee to take into consideration the drawing of a Letter or other Declaration to be presented to the Lords and by both Houses to be publish't in Print and sent into all the parts of the Kingdom advising them with all Expedition to be in a readiness and a good posture of Defence upon all occasions to defend their several Counties from Invasion by Papists or other ill affected Persons and to declare the several Designs that this quarter of a year last past hath been against the Parliament and safety of the Kingdom It was also Ordered That 2000 l. of the Pole Money shall be paid by the Lord Mayor of York to Sir John Hotham for the service of Hull It was also Ordered upon the Information of Mr. Thomas Blunt Search for Arms at Mr. Ropers at Eltham in Kent That the said Mr. Blunt and Mr. Gibbon or either of them do forthwith make diligent search in the House of Mr. Anthony Roper in Kent at Eltham or any other suspected place for Arms and Ammunition and if they find any there to Seize the same and to apprehend the Person of him or any other Suspected Persons and to take Examinations touching this matter and to use their best indeavours for the Apprehending of Mr. Cecil Cave Who as Blunt said he had been informed had given out that ere long Bloud would be Sold as cheap as Milk The Serjeant was ordered to repair to the Queens Millener Letters to Mr. Crofts opened and require him forthwith to attend the House with the Paquet of Letters which he this day received by the French Post directed to Mr. Crofts Joseph Lee a Waterman informed the House of some great Saddles going to Kingston by water whereupon Order to Seize Saddles and Horses the Serjeant was commanded to Seize them And an Order was sent to the Justices next Hampton Town to make stay of some Horses that the House is informed are now in the Stable of one Mr. Robinson until this House shall take further order An other Order to Sir John Franklyn and Mr. Search for Arms at Sir James Hamiltons Lodgings Whittacre to search the Lodgings of Sir James Hamilton for Arms and Ammunition and to Seize the same and
both kept these Persons under the Terror of their Lash and also justified their own Proceedings in being so merciful to take Bail for such Persons as by this means were though never so Innocent still reputed Guilty and obnoxious to the Justice of the Parliament After this there were several Declarations read and the last mentioned concerning putting the Kingdom into a posture of Defence which was now the great Affair upon their Hands And in Order to the better accomplishing of it An addition to the Committee for putting the Kingdom into a Posture of defence Mr. Martin Mr. Sam. Brown Sir Gilbert Gerrard Sir Walter Earl Sir Tho. Bowyer Sir Robert Pye Sir John Holland Lord Fairfax Sir Hen. Heyman Mr. Seldon Mr. Bodville Sir John Evelyn Sir Tho. Barrington Sir Arthur Ingram Sir Tho. Widdrington Mr. Hill Mr. Rigby were added to the Committee appointed to consider of putting the Kingdom into a Posture of Defence A Committee was also appointed to examine Captain Legg concerning the Commission and Instructions which he carried down concerning the securing the Magazine of Hull Thanks to the Inhabitants of Bucks for their readiness to suppress the Kingston Forces It was also Ordered this Day That the Knights of the Shire for the County of Bucks do return Thanks to the Sheriff Justices of the Peace Gentry and Free-Holders of the County of Bucks that have prepared themselves in a readiness to suppress the Forces informed to be at Kingston and to acquaint them that this House is informed those Forces are dispersed and therefore that at this time there is no need of their coming out of their County Then it was Resolved c. and accordingly Ordered That Mr. White Master of the Ship lately come from Berwick by Order of the House of Commons with Arms and Ammunition and under their Pay shall fall down the River with the Ship somewhat beyond the Command of the Tower and no further and that if any Person shall offer to take away the Arms and Ammunition out of the said Ship that then he shall call to him the assistance of Saylors and other Persons for the keeping of the same till further Order of the House of Commons They were perpetually urging the King for Arms and Ammunition out of the Tower and other Stores for Ireland yet a thought never entred into their Heads to send this Ship with her Lading away for a present Supply which certainly they would have done had they not been really solicitous to exhaust the King's Stores rather than to relieve Ireland and this was also to countenance the Fears and Jealousies of the Lieutenant of the Tower in Order to have him displaced The Lords having appointed a Committee of 21 Lords to consider the matter of Breach of Privileges Sir Henry Vane Mr. Pym Mr. Hollis Sir Phillip Stapleton Sir Hugh Cholmeley Mr. Whitlock Mr. Grimston Mr. Chancellor of Excheq Sir John Evelyn Sir Robert Coke Sir Benjamin Rudyard Serjeant Wild Sir Walter Erle Sir Thomas Barrington Mr. Prideaux Mr. Sollicitor Sir Samuel Rolle Mr. Nath. Fiennes Mr. Hampden Mr. Arthur Goodwin Mr. Cage Mr. Rouse Lo. Falkland Lo. Gray Lo. Wenman Mr. Rogers Mr. Selden Mr. Lav. Whittacre Sir John Potts Mr. Reynolds Mr. Palmer Committee to consider of breach of Privilege Sir Tho. Bowyer Mr. Kirton Mr. Martin Mr. Long Sir John Hotham Sir John Holland Mr. Strode Mr. Glyn Mr. Rigby Sir Guy Palmes Sir Ralph Hopton Mr. Brown Mr. Vaughan Sir Ed. Patherich were appointed a Committee to joyn with the Lords for that purpose and to frame a Petition to his Majesty The Committee which was appointed to be present at the Lords House at the Bishops giving in their Answer were Mr. Glyn Serjeant Wild Mr. Samuel Brown Mr. Rigby Mr. Reynolds Mr. Prideaux Mr. Palmer Mr. Whistler Sir Tho. Widdrington Mr. Lisle Mr. Hill Mr. Grimston Mr. Sollicitor Mr. Peard Mr. Bagshaw Mr. White The last of which a most bitter Enemy of the Loyal and Orthodox Clergy took occasion to display his malice against them in this following Speech Mr. Speaker Mr. White 's Speech against the Bishops Jan. 17. 1641. BY woful experience we have been sensible of the great evils committed by ill affected persons to the peace and security of the Kingdom producing thereby these dangerous and troublesome times * * even such as this speech maker even such are the troubles that this whole Nation and the other his Majesties Kingdom 's is fallen in to and lies groaning under that we have not felt the like in this Land never since the civil divisions between the two Houses of York and Lancaster or Barons wars were on foot in the same nay let these troubles of our times be compared with them * * Never a truer word spoken they are of far more dangerous consequence there was in those days onely the sword to decide the controversies no other place chosen for that purpose but the field in a Warlike and Couragious manner In these our divisions we have adversaries of no courage or magnanimity that rise against us only subtil and treacherous spirits lying in their Cabinets and keeping themselves close in their stately buildings their devising on divellish and hellish stratagems to be put secretly in Execution for our Destruction as powder-plots fiering privately of Towns nay Cities if their endeavours might have success according to their desires which strikes us with amasement and continual fear of our safety in our own habitations and places of livelyhood we cannot discern so corrupt are the hearts of most men who scarce to converse inhabit or eat withal so malicious is Satan working in his instruments in whom he dwells and over whom he altogether Reigns and Rules to bring to pass his own ends that he works by no ways but by practising of unheard or unconceived of Plots amongst Christians as by Sorcery Witchcraft Poisoning and the like these inventions can we not be aware of A man seeing his Enemy and knowing him to be so may use means either to resist or flie from him thereby to save himself but being in place unsuspected to meet an Enemy pretending himself a Friend or at least not knowing or conceiving him to be his Enemy how can he be secure how can he defend himself or Preserve himself from his Malice or Destruction these times are now filled with such malignant Spirits devoted altogether to the service of the Divel labouring by all means to bring confusion and desolation on all the opposers or not complyants to their wicked designs Mr. Speaker having presented to your considerations the manifold dangers and troubles we sustain by these practises of malignant persons I presume humbly to present to your view the Authors of the same their practices to compass their desires and the means to avert and remedy the same which I desire you to consider of and apply the same as to your Judgements and Wisdoms shall seem requisite The greatest and chiefest
of the House of Lords 849. At the Bar of the House of Commons 856. A Petition of some Merchants c. against him 881. A Motion of the House of Commons for displacing him dissented to by the House of Lords 882. Cruelty of the Irish Rebels 633. Customers offer 100000 l. for an Act of Oblivion 256. are Ordered to pay 150000 l. ibid. Votes about the Petty-Farmers 258. who Petition the House 265. Custos Regni insisted on by the House of Commons 425. the Judges Opinion about it 430. D. SIr Thomas Danby a Witness for the Earl of Strafford 95. Mr. William Davenant accused for a Conspiracy to seduce the Army 232. a Proclamation to stop him 233. sent for by a Serjeant 245. Committed 246. Bayled 377. Lord Chief Baron Davenport Impeach'd by the House of Commons 343. Articles against him 347. Sir Thomas Dawes a Writ Ne exeat regnum against him 425. Deans and Chapters defended by Doctor Hacket in the House of Commons 240. Speeches in Parliament concerning them 282. 289. Debts of the Kingdom considered by the House of Commons 257. 724. Declaration of the House of Commons concerning several Church-matters without the consent of the House of Lords 481. of the House of Commons of Ireland upon the Queeres proposed to the Judges there 584. of the English Parliament touching the Irish Rebellion 601. of the House of Commons against Inigo Jones 728. of the King in answer to the Remonstrance 746. of the House of Commons concerning the Tower and Collonel Lunsford 778. Declaration of the State of the Kingdom projected 615. debated 664. appointed to be delivered and by whom 689. set down at large 692. c. how received by the King 709. House divided about Printing it 743. Declaration for a Posture of Defence 850. rejected by the House of Lords 857. Declaration concerning Breach of Priviledges 853. Sir Edward Deering Chairman of a Sub-Committee for Scandalous Ministers 245. delivers the Bill for abolition of Episcopacy with a Speech 248. how unfortunate 249. his Speech about Episcopal Government 295. concerning the Order for removing the Communion Table 493. concerning Bowing at the Name of Jesus 610. about the Declaration of the State of the Kingdom 664. against passing it 668. the behaviour of the factious to him 672. Defence of the E. S. to the first Article against him 54. to the second 55. third 56. fourth 58. fifth 60. sixth 61. eighth 63. ninth 64. tenth 65. twelfth 67. thirteenth 68. fifteenth 71. sixteenth 74. nineteenth 78. twentieth to twenty fourth 84. to 87. twenty fifth 89. twenty sixth 91. twenty seventh 94. twenty eighth 99. Delinquents who are so Voted their Estates to be seized 511 Delinquents about the Sope Patent 513. Serjeant Dendy Inform'd against for words 888. Bishop of Derry Impeach'd 566. Articles against him 570. Sir Simon D'ewes his Speech about the Poll-Bill 322. concerning the Palatinate 368. Differences between the Lords and Commons about the Votes for the Protestation 416. Lord Digby one of the Committee to prepare the Charge against the Earl of Strafford 7. appointed one of the Managers of the Evidence against him 28. his Speech at passing the Bill of Attainder 157. which is Ordered to be Burnt by the Common Hangman 160 389. exceptions taken at some Words of his 271. expelled the House of Commons 275. made a Baron and added to all the standing Committees ibid. a Message from the House of Commons about him 791. Information against him 845. Summoned to attend the House of Lords 882. his Apology at large 863. Lord Dillon a Witness for the Earl of Strafford 56 58 60 61 71. made one of the Lords Justices of Ireland 564. displaced to please the Faction ibid. Committed by the House of Commons 786. Directions of the House of Commons for taking the Protestation 229. of the same to their Committee during the Recess 481. Disbanding the Army Votes Orders c. about it 233 286 454 456 457 458 461. Disbanded Soldiers to be permitted to go beyond Sea 495. Dondalk taken by the Irish Rebels 636. Sir James Douglas sent for as a Delinquent 753. Mr. Edward Dowdall's Depositions concerning the Treaty between the Lords c. of the Pale and the Irish Rebels 907. Bishop of Down a Warrant to him concerning Contemners of Eeclesiastical Jurisdiction 63. William Dowson a Witness against the Earl of Strafford 94. Thomas Drinkwater ordered to the Pillory for a Contempt 238. excused 245. Drogheda see Tredagh Dublin Fortified 636. Citizens pretend themselves not able to raise 40 l. ibid. cunningly victualled by the Master of the Rolls 637. Strangers ordered by Proclamation to depart the City and Suburbs 637. Dr. Duncomb Witness for the Earl of Strafford 55. Dunkirkers laden with Ammunition for Ireland stopt 844 857. Durham House assured to the Earl of Pembroke by an Act 426. Dutch Ambassador desired to assist in stoping the Dunkirkers 857. E. EDwards a Witness against the Earl of Strafford 90. Egor a Witness against the Earl of Strafford 36. Election of Members Cases about it 599. 870. Sir John Elliot 's Case 376. Bishop of Ely his Case with Lady Hatton 270. see Wren Dean of Ely see Fuller Embassadors Voted not to entertain Priests Natives of England 373. French or Spanish Embassadors see French or Spanish Episcopacy a Bill Proposed for the Abolishing of it 248. Sir Edward Deering 's Speech upon it 248. Sir Benjamin Rudyard 's 249. the Lord Newark 's 251. Votes of the House of Lords upon it 255. Report of a Conference about it 259. Debated in the House of Commons 275. two Papers concerning it presented to the House of Commons 301. Votes about it 380. Order to discourage Petitioners for it 655. Epitaphs upon the Earl of Strafford 204. 205. Sir Walter Erle one of the Commissioners to prepare the Charge against the Earl of Strafford 7. appointed one of the Managers of Evidence against him 28. gravell'd in his Management he is assisted by the Lord Digby 100. sent down to secure Dorsetshire 233. Earl of Essex made Lord Lieutenant of Yorkshire 247. and Lord Chamberlain 407. Motion of the House of Commons that he have power over all the Train'd Bands South of Trent 608. lays down that Commission 684. Evidence against the Earl of Strafford Summ'd up by him 104. Examination of Owen Connelly about the Irish Rebellion 520. of Mac Mahan concerning the same 521. of Richard Grave 522. of Mr. Attorney General about the five Members 873. Exceptions taken at some words of the Lord Digby 27. at a Letter from the Speaker of the House of Lords of Ireland 417. at a Message from the House of Lords by one Person only 474. at the Bishop of Lincoln 477. at the Kings Speech 739. Exclusion of the Bishops from Voting in the case of the thirteen Impeached Bishops a Conference about it 500. Execution of the Earl of Strafford 201. Explanation of the Protestation 241. of the Act of Pacification 625. Extract of Letters from the Lords Justices of
Lords concerning Kymbolton and the five Members 848. to both Houses concerning Breach of Priviledge 858. Message of the Queen to the House of Commons about her Journey 405. Message of either House to the King upon occasion of his Letter about the Earl of Strafford 197. to desire him to stop some Allowances 368. of the House of Commons to the House of Lords about a Conspiracy to seduce the Army 231. about restraining Ecclesiastical persons from medling in secular affairs 242. about paying the brotherly assistance to the Scots 315. about the Charge and Trial of the Arch-Bishop of Canterbury 318. to the Lord Keeper that the Judges travel not on the Lords day 325. about three Bills 331. concerning Disbanding the Army 424. about making the Earl of Pembroke Lord Steward and the Earl of Salisbury Lord Treasurer 437. about the Impeach'd Bishops 439. desiring that a convenient number of Lords stay in Town 445. concerning the desperate condition of the Kingdom 447. Message from the House of Lords to the House of Commons by one person only gives offence 474. Message of the House of Commons to the Queen about the Prince 597. to the House of Lords about Philips the Priest ibid. to Forraign Ambassadors not to harbour English Priests 652. to the House of Lords to press expedition for Ireland 750 761 768 769. concerning a Declaration to suppress Tumults and a Guard 789. concerning the Lord Digby 791. to revive the Bill against Bishops Votes 800. that the Kings Queens and Princes Servants take the Oaths of Allegiance and Supremacy 814. to the Gentlemen of the Inns of Court and to the Common-Council of London 817. about the Kings coming to the House 822. their Message about the Tower rejected 835. concerning the Prince and Marquess of Hertford 657. concerning the adjournment to Grocers Hall c. 879 880. Message from the Scots Commissioners about the Kings Journey into Scotland 318. of the Venetian Ambassador to the House of Lords 655. Michaelmas Term abbreviated 238 243. Militia enquired into by order of the House of Commons 230. Mines Royal Order about them 446. Scandalous Ministers a Committee about them 233. Factious Ministers their Petition to the House of Commons 764. Money borrow'd of the Londoners by the House of Commons 236. desired to be continued 255. more to be borrowed 407 411 595 597 644. an Ordinance for securing Money lent by the City 621 687. Money to be conveyed to the Army an Order for its safety 415. Colonel Monk his Letter to the Lord Lieutenant of Ireland 919. Earl of Monmouth 's Speech concerning fears c. 849. Sir James Montgomery a Witness against the Earl of Strafford 64 77. Lord Morley Ordered to be Tryed by his Peers for Murther 307. Earl of Morton a Witness in the Case of the Earl of Strafford 82. Lord Mountnorris a Witness against the Earl of Strafford 36 39 59 63. Lord and Lady Muskerry Irish Papists kind to the English 635. N. NAmes of the persons who made the several motions towards the Declaration of the State of the Kingdom 615. of the chief Irish Rebels 632. Narrative of a Plot by Beal a Taylor 647. James Nash a Witness against the Earl of Strafford 874. Nash and Kynaston 's Case 258. Navy the State of it 460. Debated 757. Order of the House of Commons about it 787. Sir Paul Neal a Witness for the Earl of Strafford 95. Lord Nettervile 's Son ordered 〈◊〉 be brought before the House of Lord â—77 Lord Newark his Speech about the â—â—â—rage of Bishops 251. concerning their medling in secular Affairs 252. Lord Newburgh a Witness in the Case of the Earl of Strafford 83. New castle an Order to the Major to take care of it 753. Earl of Newport made Constable of the Tower 230. enabled as Master of the Ordnance to deliver Arms c. for Ireland 606 desired by the House of Commons to reside in the Tower 780. inform'd against for a design to seize the Queen c. 781. discharged of his Constableship of the Tower 785. Petition of both Houses about him 786. Non-Residence a Bill against it 293. Earl of Northumberland a Witness in the Case of the Earl of Strafford 82 86. O. OAth of Allegiance and Supremacy by Order of the House of Commons to be tendred to Irish Recusants and others in the Inns of Court 613. and to the Kings Queens and Princes Servants 814. the Oath for Ireland an Act of State and Petition about it 79. Oath of Secrecy administred to persons concerned in preparing for the Tryal of the Earl of Strafford 11. Officers of the Army Petition for Pay 660 757. Ordered a Moiety 772. those in Ireland commanded to their Charges 594. and in the examination of the Army Conspiracy 232. O Neal a Serjeant Major sent for 286. Committed 490. Ordered to be examined 492 625 714. Voted to be impeach'd of High Treason 754. committed to the Gate-house 757. Sir Phelim O Neal his Execution 529. his Letter to Sir William Hamilton 895. Opinion of the Judges upon an exception of the Earl of Strafford 101. upon the Bill of Attainder 192. in the Case of Ship-money 338. in answer to some Quaeries concerning matters in Parliament 374. concerning a Custos Regni 430. Opinion of the House of Lords about a Commission for Commissioners to attend the King in Scotland 448. 451. Opinion of a City Divine about Episcopacy presented to the House of Commons 302. Orders of both Houses relating to the Trial of the Earl of Strafford 28. for the payment of the Poll-Money to expedite disbanding 458. for declaring the Scotch Rebels to be loyal Subjects 467. for securing the Money borrowed of the City 687. for a Guard upon the Tower 844. Orders of the House of Lords concerning new Proofs against the Earl of Strafford 102. to stop the Ports 232. to pillory two Persons for a contempt 238. about Tumults 246 388 468 476 603 692 856 484 495 691 718. about Ship-Money in the Sheriffs hands 264. against formal Speeches 265. about Writs of Error 272. for Provision for Sisters by a Brother 367. for relief of Wife and Children against a Husband refusing to cohabit 381. concerning a Vicarage between Sir Peter Osborn and Thomas Joice 382. concerning the Arch-Bishops Poll-Money 387. for securing Money carried to the Army 415. for the Lady Wotton 420. 457. for exemplifying the Acts for Pacification and Brotherly Assistance 439. for examining Witnesses about Incendiaries 444. for referring the Election of Sheriffs of London 445. 456. about Mines Royal 446. concerning the impeached Bishops 449 484 495 691 718. search under the Parliament House 450. to quicken the disbanding 457. concerning a Guard about the Parliament House 487. concerning the relief of Ireland 601 603 626. to expel Romish Recusants out of Inns of Court 613. for bringing Ammunition from Hull 643. about the Lord Lieutenant of Ireland ibid. for apprehending Priests and Jesuites 647 648. for putting the Laws in execution against Romish Recusants 653.
the Commission sent into Scotland 469. of the House of Commons for securing Popish Recusants 654. of the same for removing the Earl of Portland from the Government of the Isle of Wight 655. for forming the Cavalres into Regiments 685. for continuing the Guards 687. against the Bishops Demurrer 715. Rebels in Ireland the Names of the principal 888. defeat the English Relief for Tredagh 904. are repell'd by Sir Arthur Syringham 905. and dislodged at Finglass by the Earl of Ormond 918. Recess of the Parliament debated 463. agreed 464. Committee of Lords for that time 484. of the Commons 486. Report of what was done during the time 488. Record relating to the Poll-Bill 324. Recorder of London his Speech to the King at his return from Scotland 675. Knighted 676. Recusant Lords some take the Protestation 237. Recusants voted to be disarmed 45â— â—â—7 469 an Ordinance for it 470. and Instructions to Commissioners for it 473. Lords and Commons agree to put the Laws in execution against them 615. an Order for it 653. a List of the prime Recusants desired by the House of Commons to be secured 662. debated by the House of Lords 667. Regiment of Horse and Foot the Charge of each 642. Remonstrance from Ireland 36 56. of the Irish Rebels 535. of the State of the Kingdom by the House of Commons see Declaration Requests see Court Reward voted to Connelly for discovering the Irish Rebellion 524. 609. Sir Edward Rhodes a Witness for the Earl of Strafford 95. Cardinal Richelieu charg'd with fomenting the Irish Rebellion 897. Duke of Richmond introduced into the House of Lords 436. Lord Roche a Witness against the Earl of Strafford 74. one Roche his Letter intercepted 896. Root and Branch Bill 248 257. Rosetti the Popes Nuntio departs the Realm 328. Sir Benjamin Rudyard his Speech about Episcopacy 249 298. about the Palatinate 328 379. against suffering either the French or Spanish to have the Disbanded Souldiers 465. Rutland Petition for Episcopacy 656. S. Lord Saint John of Bletso introduced into the House of Lords 244. Saint John one of the Commissioners to prepare the Charge against the Earl of Strafford 7. appointed a Manager of Evidence against him 29. his Argument for passing the Bill of Attainder against the Earl of Strafford 162. one of the Committee to Expedite the Charge against the Arch-Bishop of Canterbury 265. his Speech at the Conference for Excluding the Bishops Votes in the Case of the thirteen Impeach'd 501. Earl of Salisbury made Lord Lieutenant of Dorsetshire 236. has leave to follow some business in the House of Commons 761. Robert Salmon a Schoolmaster a Witness against the Earl of Strafford 78. Salvo entred by the Bishops 231. by the Lords 325. for the Judges of the Court of â—ork 388. Saâ—â—â—and a Clergy-man releas'd 244. Mr. Savil a Witness against the Earl of Strafford 69. Lord Say made Mr. of the Court of Wards 246. his Speech against Bishops Votes 266. Scotch Invasion how Chargeable to England 426. that they were Invited hither 427. Scotch Rebels by Order of both Houses declared faithful Subjects 467. their Commissioners complain of delays in the Treaty for Ireland 761. Seamen a Bill for Pressing them read 236 237. 777 797. past 861. Search for Arms at Lambeth 236. about the Parliament House 846. for Arms at several Places 847 848 859. Secresie required of Persons concern'd in Examinations against the Earl of Strafford 11. and in the Examinations about the Conspiracy in the Army 232. strange Secresie of the Irish Conspirators 632. Mr. Seldon appointed to assist at the Examination of Witnesses against the Earl of Strafford 11. opposes the Bill of Attainder against him 152. one of the Committee to Expedite the Charge against the Arch-Bishop of Canterbury 265. Sermons ordered to be in the Afternoon in Cathedrals 288. and in all Parochial Churches 383. William Shales accuser of Mr. Henry Bedingfield 662. Sheldons Seized upon account of Beal 's Plot 648. acquitted 686. Shepherd a Rioter releas'd 328. Ship-money in Sheriffs hands ordered to be return'd 264. a Bill against it 294. 412. Opinion of the Judges in the Case 338. Sheriff of London a Controversie about the Election of one 318 319. 407. 409. referred 413. 445. determin'd pro hac vice 456. Petition of the Lord Mayor upon it 459. Sisters reliev'd by order of the House of Lords against a Brother 367. Shippon ordered to command the Guard of the House of Commons 833. has the thanks of the House 838. ordered to send Scouts by Land and Water 859. Slingsby a Witness for the Earl of Strafford 54. 56. 86. Small a Minister a Vote in favour of him 446. Smart that Articled against Bishop Cosins rewarded 406. Sir Robert Smith a Witness against the Earl of Strafford 74. Mr. Smith a Minister Committed to the Gate-House for words against the Parliament 244. one Smith 's Case 716. Smith a Suspended Minister a Vote in his Favour 319. Soap business Votes about it 512. Delinquents concerning it sent for by a Serjeant at Arms 513. Souldiers Mutinous for want of Pay 269. Transportation of Souldiers a Conference about it 477 479. an Ordinance against it 481. a Vote that Disbanded Souldiers may go beyond Sea 495. a Bill for Pressing 740. Somersetshire Petition for Episcopacy 726. Earl of Southampton question'd for Words 846. Spanish Ambassador's House beset by the Rout 187. Speaker of the House of Commons his Letter to Sir Jacob Ashley 228. his Letter to the Army 235. Speaker of the House of Lords their Vote about the choice of him 438. Speech of the King to both Houses concerning the Earl of Strafford 186. in answer to the Speaker upon passing the Bill for Tonnage and Poundage 380. at passing the Bill against Star-Chamber and High-Commission Courts 327. to the Scotch Parliament 453. in answer to the Recorder of London at his return from Scotland 676. to both Houses upon the same 780. to the same concerning Ireland 738. to the House of Commons at his demanding the five Members 820. Speech of Mr. Pym after reading the Articles against the Earl of Strafford 9. of the same at his Tryal 30. of the Earl of Strafford in defence of his Preamble 40 to 47. of Pym in Answer to it 47. of Maynard upon the first Article against the Earl of Strafford 〈◊〉 of the Earl of Strafford upon Summing 〈◊〉 the Evidence against him 104 to 123. of Glyn upon the same 124 to 145. of Pym upon the same 145 to 152. of the Lord Digby upon passing the Bill of Attainder 157. of the Earl of Strafford upon the Scaffold 199. of William Thomas against the Bishops 211 to 226. of Sir Edward Deering upon the Bill for Abolition of Episcopacy 248. about Episcopal Government 295. concerning the Communion-Table 493. concerning bowing at the Name Jesus 610. about the Declaration of the State of the Kingdom 664 668. of Sir Benjamin Rudyard upon the Bill for Abolition of Episcopacy 249. about Bishops Deans and
Strafford The House of Commons in their own Name and in the Name of the whole Commons of England have this day accused your Lordship to the Lords of the Higher House of Parliament of High Treason the Articles they will in a few dayes produce in the mean time they have Resolved That your Lordship shall be Committed into Safe Custody to the Gentleman Vsher and be Sequestred from the House till your Lordship shall clear your self of the Accusations that shall be laid against you Whereupon he was immediately taken into Custody by James Maxwell Usher of the Black Rod. And that the Commons might Disable him of the Testimony and Assistance of Sir George Radcliff his great Friend and Confident it was resolved to make him a Party and accuse him of High Treason and Confederacy with the Earl which was accordingly done as is more at large related before to which the Reader is referred only a Debate worth the Observation arose upon his being a Member of the Parliament in Ireland Whether he could without Breach of Priviledge be sent for Upon which it was Resolved as a thing out of all Doubt That in case of High Treason Priviledg of Parliament neither here nor there doth reach to Protect him Notwithstanding which when afterwards his Majestie accused the Lord Kimbolton and the Five Members of High Treason and Exhibited Articles against them they did not only protect them but arraigned that proceeding as the Highest Violation of the Priviledges of Parliament making it one of the main Foundations upon which they built the Justice of the succeeding Rebellion and their taking up Arms against his Majesty It was Ordered Wednesday Novemb. 18. That no Member of the House of Commons shall visit the Earl of Strafford during his restraint without Licence first obtained from the House And the same Order was taken in the House of Peers and all the time of his Imprisonment the Lieutenant of the Tower brought in a Weekly account of the Names of those persons who visited him and by whose Order Upon Munday Munday Nov. 23. Novemb. 23. Mr. Pym presented a draught of Articles to the House which being referred to the Committee who were to prepare a Charge against the Earl were by them reported and agreed to by the House and Mr. Pym ordered to go up with them to the Lords which upon Wednesday following he did accordingly Wednesday Nov. 25. and before their Lordships laid out his Talent of Speech-making upon that subject as follows The Articles being first tendred and Read which were these I. THat he the said Thomas Earl of Strafford Articles of Impeachment against the Earl of Strafford Nov. 25. hath Trayterously endeavoured to subvert the Fundamental Laws and Government of the Realms of England and Ireland and instead thereof to introduce an Arbitrary and Tyrannical Government against Law which he hath declared by Trayterous Words Counsels and Actions and by giving his Majesty advice by force of Armes to compel his Loyal Subjects to submit thereunto 2. That he hath Trayterously assumed to himself Regal power over the Lives Liberties Persons Lands and Goods of his Majesties Subjects in England and Ireland and hath exercised the same Tyrannically to the subversion and undoing of many both of Peers and others of his Majesties Liege people 3. That the better to enrich and enable himself to go thorow with his Trayterous Designs he hath detained a great part of his Majesties Revenue without giving legal account and hath taken great Summes out of the Exchequer converting them to his own use when his Majesty was necessitated for his own urgent occasions and his Army had been a long time unpaid 4. That he hath Trayterously abused the power and authority of his Government to the encreasing countenancing and encouraging of Papists that so he might settle a mutual dependance and confidence betwixt himself and that Party and by their help prosecute and accomplish his malicious and tyrannical designs 5. That he hath maliciously endeavoured to stir up enmity and hostility between his Majesties Subjects of England and those of Scotland 6. That he hath Trayterously broken the great Trust reposed in him by his Majesty of Lieutenant General of his Army by wilfully betraying divers of his Majesties Subjects to death his Army to a dishonourable defeat by the Scots at Newborn and the Town of New-Castle into their hands to the end that by the effusion of blood by dishonour and so great a loss of New-Castle his Majesties Realm of England might be engaged in a National and Irreconciliable quarrel with the Scots 7. That to preserve himself from being questioned for those and other his Trayterous Courses he laboured to subvert the Right of Parliaments and the ancient course of Parliamentary Proceedings and by false and malicious slanders to incense his Majesty against Parliaments By which Words Counsels and Actions he hath Trayterously and contrary to his allegiance laboured to alienate the hearts of the Kings Liege people from his Majesty to set a division between them and to ruin and destroy his Majesties Kingdoms for which they impeach him of High Treason against our Soveraign Lord the King his Crown and Dignity 8. And he the said Earl of Strafford was Lord Deputy of Ireland and Lieutenant General of the Army there viz. His most excellent Majesty for his Kingdoms both of England and Ireland and the Lord President of the North during the time that all and every the Crimes and Offences before set forth were done and committed and he the said Earl was Lieutenant General of all his Majesties Army in the North parts of England during the time that the Crimes and Offences in the fifth and sixth Articles set forth were done and committed 9. And the said Commons by protestations saving to themselves the liberty of exhibiting at any time hereafter any other Accusation or Impeachment against the said Earl and also of replying to the Answers that he the said Earl shall make unto the said Articles or to any of them and of offering proofes also of the premisses or any of them or any other impeachment or accusation that shall be exhibited by them as the cause shall according to the course of Parliaments require do pray that the said Earl may be put to answer for all and every the premisses that such Proceedings Examinations Tryals and Judgments may be upon every of them had and used as it is agreeable to Law and Justice My Lords THese Articles have exprest the Character of a great and dangerous Treason Mr. Pym's Speech after the Reading the Articles against the Earl of Strafford Nov. 25. such a one as is advanced to the highest degree of Malice and of Mischief It is enlarged beyond the limits of any description or definition it is so hainous in it self as that it is capable of no aggravation a Treason against God betraying his Truth and Worship against the King obscuring the Glory and weakning the foundation
time had a Petition depending in the House of Lords delivered Jan. 12 craving to be discharged of the Fine of Three thousand pounds imposed upon him by Decree of the Star-Chamber for Scandalous words against the Earl of Strafford Upon the 30th of Jan. a Day so Fatal to King Charles the First Saturday Jan. 30. the further Impeachment of the Earl of Strafford consisting in 28 Articles was by Mr. Pym carried up to the Lords which were as follow Articles of the Commons Assembled in Parliament The further Impeachment of the Earl of Strafford Jan. 30. against Thomas Earl of Strafford in maintenance of their Accusation whereby he stands Charged with High Treason WHereas the said Commons have already Exhibited Articles against the said Earl in haec verba c. Now the said Commons do further Impeach the said Earl as followeth That is to say I. That the said Earl of Strafford the 21 day of March in the Eighth Year of his Majesties Reign was President of the Kings Council in the Northern Parts of England That the said Earl being President of the said Council on the 21 of March a Commission under the Great Seal of England with certain Schedules of Instructions thereunto annexed was directed to the said Earl or others of the Commissioners therein named whereby among other things Power and Authority is limited to the said Earl and others the Commissioners therein named to hear and determine all Offences and Misdemeanors Suits Debates Controversies and Demands Causes Things and Matters whatsoever therein contained and within certain Precincts in the said Northern Parts therein specified and in such manner as by the said Schedule is limited and appointed That among other things in the said Instructions it is directed That the said President and others therein appointed shall hear and determine according to the Course of Proceedings in the Court of Star-Chamber divers Offences Deceits and Falsities therein mentioned Whether the same be provided for by Acts of Parliament or not so that the Fines imposed be not less than by the Act or Acts of Parliament provided against those offences is appointed That also amongst other things in the said Instructions it is directed that the said President and others therein appointed have power to examine hear and determine according to the course of proceedings in the Court of Chancery all manner of Complaints for any matter within the said Precincts as well concerning Lands Tenements and Hereditaments either Free-hold Customary or Copy-hold as Leases and other things therein mentioned and to stay proceedings in the Court of Common Law by Injunction or otherwise by all wayes and means as is used in the Court of Chancery And although the former Presidents of the said Councel had never put in practice such Instructions nor had they any such Instructions yet the said Earl in the Moneth of May in the said 8th Year and divers Years following did put in practice exercise and use and caused to be used and put in practice the said Commission and Instructions and did direct and exercise an exorbitant and unlawful power and jurisdiction on the persons and estates of his Majesties Subjects in those parts and did Disin-herit divers of his Majesties Subjects in those parts of their Inheritances sequestred their Possessions and did fine ransome punish and imprison them and caused them to be fined ransomed punished and imprisoned to their ruine and destruction and namely Sir Coniers Darcy Sir John Bourcher and divers others against the Laws and in subversion of the same And the said Commission and Instructions were procured and issued by the advice of the said Earl And he the said Earl to the intent that such illegal and unjust power might be exercised with the greater licence and will did advise Counsel procure further directions in and by the said instructions to be given that no prohibition be granted at all but in cases where the said Councel shall exceed the limits of the said instructions And that if any Writ of Habeas Corpus be granted the party be not discharged till the party perform the Decree and Order of the said Councel And the said Earl in the 13. year of his now Majesties Reign did procure a new Commission to himself and others therein appointed with the said Instructions and other unlawful additions That the said Commission and Instructions were procured by the solicitation and advice of the said Earl of Strafford 2. That shortly after the obtaining of the said Commission dated the 21 of March in the 8 year of his now Majesties Reign to wit the last day of August then next following he the said Earl to bring his Majesties liege People into a dislike of his Majesty and of his Government and to terrifie the Justices of the Peace from executing of the Laws He the said Earl being then President as aforesaid and a Justice of Peace did publickly at the Assizes held for the County of York in the City of York in and upon the said last day of August declare and publish before the People there attending for the administration of Justice according to the Law and in the presence of the Justices sitting That some of the Justices were all for Law but they should find that the Kings little finger should be heavier then the loyns of the Law 3. That the Realm of Ireland having been time out of mind annexed to the Imperial Crown of England and governed by the same Laws The said Earl being Lord Deputy of that Realm to bring his Majesties liege People of that Kingdom likewise into dislike of his Majesties Government and intending the Subversion of the Fundamental Laws and settled government of that Realm and the destruction of his Majesties liege People there did upon the 30. day of September in the ninth year of his now Majesties Reign in the City of Dublin the chief City of that Kingdom where his Majesties Privy Councel and Courts of Justice do ordinarily reside and whither the Nobility and Gentry of that Realm do usually resort for Justice in a publick Speech before divers of the Nobility and Gentry and before the Mayor Aldermen and Recorder and many Citizens of Dublin and other his Majesties Liege People declare and publish that Ireland was a conquered Nation and that the King might do with them what he pleased and speaking of the Charters of the former Kings of England made to that City he further said that their Charters were nothing worth and did bind the King no further then he pleased 4. That Richard Earl of Cork having sued out process in course of Law for recovery of his Possessions from which he was put by colour of an order made by the said Earl of Strafford and the Councel Table of the said Realm of Ireland The said Earl of Strafford upon a paper Petition without legal proceeding did the 20. day of February in the 11. year of his now Majesties Reign threaten the said Earl of Cork being
said Earls command that he should Fight with the Scottish Army at the passage over the Tyne whatsoever should follow notwithstanding that the said Lord Conway had formerly by Letters informed him the said Earl that his Majesties Army then under his command was not of force sufficient to encounter the Scots by which advice of his he did contrary to the duty of his place betray his Majesties Army then under his command to apparent danger and loss All and every which Words Counsels and Actions of the said Earl of Strafford Traiterously and contrary to his Allegiance to our Soveraign Lord the King and with an intention and endeavour to alienate and withdraw the hearts and affections of the Kings Liege People of all his Realms from his Majesty and to set a division between them and to ruine and destroy his Majesties said Kingdoms For which they do farther impeach him the said Thomas Earl of Strafford of High Treason against our Soveraign Lord the King his Crown and Dignity To which the Earl according to the Order of the House of Lords prefixing the 23 of February for that purpose being brought to their House gave in his Answer in two hundred Sheets of Paper an abstract whereof as I find it in Mr. Rushworth's Trial of Thomas Earl of Strafford is here subjoined TO the First Article The Answer of Tho. Earl of Strafford to the 28 Articles of the Commons Feb. 23. he saith He conceives that the Commission and Instruction differ not from those formerly granted but refers to them and that such Alterations and Additions as were made were for ought he knoweth rather for the explanation than for the enlarging of the Jurisdiction the Care whereof was left to the Secretary of that Council and to the King 's Learned Council to be passed for the good of the King's Service and the Publick Welfare of that Province for Legality of the Proceedings divers eminent Lawyers were joyned with the President who for the Legal parts was by them to be directed He did not advise or procure the enlargement of the Commission and Instructions and he believeth nothing hath been practiced since that was not in former Times contained in former Commissions under general words He believeth Sir Conyers Darcy was lawfully Fined for Misdemeanors as a Justice of Peace and hath heard he being in Ireland that Sir John Boucher was Fined for some great Abuse at the Kings being at York going into Scotland to be Crowned to the Proceedings he refers himself He denies that he hath done any thing by that Commission or Instruction other than he conceived he might by virtue thereof lawfully do To the Second Article The little Finger of the Law He denieth the speaking of those words but saith That 30 40 l. or more being returned as Issues out of the Exchequer against some that had compounded for Knighthood for 10 l. or 20 l. so as the Issues far exceeded the Composition and yet would next time have been increased The said Earl upon this occasion said That now they might see that the little Finger of the Law was heavier than the King's Loins which he spake to nourish good Affections in them towards His Majesty and not to threaten or terrifie any as the Article is supposed To the Third Article Ireland a Conquered Nation he saith Ireland is not Governed by the same Laws that this Kingdom is unless it be meant by the Common Laws their Customs Statutes Execution of Martial Laws Proceedings at Council-Board very much differ they spake not the words in the Article to any such intent He saith It might be fit enough for him to remember them of the great Obligation they had to the King and His Progenitors that suffered them being a Conquer'd Nation to enjoy Freedom and Laws as their own people of this Kingdom and it might be that upon some such occasion he said to those of Dublin That some of their Charters were void and nothing worth and did not bind His Majesty farther than He pleased which he believes to be true having been formerly so informed by His Majesties Learned Council upon sundry occasions To the Fourth Lawyers not to dispute the Orders of the Council-Board in the Earl of Cork's Case he saith That the legal and ordinary Proceeding at Council-Table are and time out of mind have been by Petition Answers examination of Witnesses as in other Courts of Justice concerning British Plantations the Church and Cases hence recommended by the King for the time being and in Appeals from other Courts there and the Council-Board have always punished Contempts to Orders there made to Proclamations and Acts of State by Fine and Imprisonment He saith That it might be he told the Earl of Cork that he would Imprison him if he disobeyed the Orders of the Council-Table and that he would not have Lawyers dispute or question those Orders and that they should bind but remembreth not the Comparison of Acts of Parliament and he hath been so far from scorning the Laws that he hath endeavoured to maintain them the Suit against the Earl in the Castle-Chamber was concerning the Possessions of the Colledge of Youghall worth 6 or 700 l. which he had endeavoured to get by causing of unlawful Oaths to be taken and very undue means the matter proceeded to Examination and Publication of Witnesses and after upon the Earl of Cork's humble Suit and payment of 15000 l. to His Majesty and his acknowledgment of his Misdemeanors obtained a Pardon and the Bill and Proceedings were taken off the Files and he remembers not any Suit for breach of any Order made at Council Table To the Fifth he saith Lord Mountnorris sentenced to suffer death by Martial Law The Deputies and Generals of the Army have always executed Martial Law which is necessary there and the Army and the Members thereof have been long time Governed by printed Orders according to which divers by Sentence of the Council of War have formerly been put to death as well in the time of Peace as War The Lord Mountnorris being a Captain of a Company in the Army for mutinous words against the said Earl General of that Army and upon two of those ancient Orders was proceeded against by a Council of War being the Principal Officers of the Army about twenty in number and by them upon clear Evidence Sentenced to Death wherein the said Earl was no Judge but laboured so effectually with His Majesty that he obtained the Lord Mountnorris's Pardon who by that Sentence suffered no personal hurt or damage save about two days Imprisonment And as to the other Persons he can make no Answer thereunto no particulars being described To the Sixth he saith The Suit had depended many years in Chancery The Lord Mountnorris put out of Possession and the Plaintiff Complaining of that delay the said Earl upon a Petition as in such Cases hath been usual calling to him the then Master of the Rolls
Earl came attended from the Tower by 6. Barges wherein were about 100 Souldiers with Partisans for his Guard and 50 pair of Oars came along with him At his Landing in Westminster he was attended by 200 of the Train-Bands who Guarded him into the Hall the Entrances at White-Hall Kings-street and Westminster were Guarded by the Constables and Watchmen from 4. of the Clock in the Morning to prevent the concourse of base idle and inferior Degrees of People who are apt upon such occasions to flock together and produce mischief and disorders The King the Queen and Prince came to the Hall about 9. of the clock but did not appear publiquely only the Prince came out once or twice to the Cloth of Estate so that the King saw and heard all that passed but was seen by none Some give the Reason of this to proceed from the received Practice of England in such Cases Others were of Opinion That the Lords intreated his Majesty either to absent himself or to be there privately lest hereafter it might give occasion to pretensions that his being there was to over-aw or some other ways interrupt the Course of Justice A third That the King was not willing to appear as an Actor in the Process till it came to his part but rather he chose to be present Incognito that he might Observe and vnderstand whether any Violence Rigor or Injustice were used in the Trial. At the Lieutenant's Entrance into the Hall the Porter of the Hall whose Office it is inquired of Mr. Maxwell Whether the Ax should be carried before him or no who answered That the King had Expressly forbidden it Nor was it ever the Custom of England to use that Ceremony but only when the Party accused was to be put upon his Jury At the Trial the Lords of the Upper House sate Covered the Members of the Lower House uncovered The Lords Spiritual were not at all present having on Saturday before absolutely declined appearing in Causa Sanguinis thô withal Entring a Protestation That their Absence should not prejudice them of that or any Priviledg appertaining to them as Lords Spiritual in Parliament The Earl of Arundel who was by His Majesty constituted and appointed Lord High Steward by Commission under the Great Seal of England sate apart by himself and all things being now in a Readiness the Managers of the Evidence standing at the Barr the Noble Prisoner was called for and being brought by Sir William Balfour Lieutenant of the Tower after an Obeysance given he came to the Barr and kneeled and after standing up the Right Honourable Thomas Earl of Arundel and Surrey Lord High Steward of England acquainted him That his Lordship was called before the Lords in Parliament to Answer to and be Tryed upon the Impeachment presented to them by the Commons House in Parliament in the Name of themselves and all the Commons of England And that their Lordships are resolved to hear both the Accusation and Defence with all Equity and therefore thought fit that in the first place his Lordship should hear the Impeachment of High Treason read which was done accordingly the Articles being delivered in by Mr. Pym. While it was reading a Chair was brought for him by the Gentleman Usher and by the Direction of the Lords he was permitted to repose himself After the Charge the Earl's Answer was likewise read which took up the whole time of the First Day The Queen went from the House about 11 of the Clock the King and Prince stayed till the Assembly was Adjourned which was about Two of the Clock and the Earl was remanded to the Tower with his Guard and appointed to appear again upon Tuesday at 9. of the Clock The Confluence of People was neither numerous nor insolent all of them Saluted him both at his Landing and Return which with a Generous Humility he did most courteously receive and return By which it is Evident how false the Rumors were which Malevolent Persons Raised that the Populace was so inraged at him that they would go near to tear him in pieces The Multitude is an Unruly Animal but yet certainly Report does in these cases encrease the Danger and a Tumult is not altogether so insensible of punishment as not to fear it notwithstanding Numbers seem to plead an Exemption from it and to frighten Justice from her Seat But this sluggish Creature the Mobile is then certainly most Dangerous when like the Unstable Element it does Resemble it is raised by the Turbulent breath of Sedition to overflow the Bounds of Duty and outrage all that is called Justice and there wanted not such spirits who by spreading these Rumors of the Discontents of the People taught them to be Discontented and by predicting of Disorders learnt at least their own Faction to know what was Expected from them upon Occasion and how calm soever the People seemed to be yet the Conclusion of this Tragedy will make it appear that some Persons had Tumults at Command and could upon Occasion raise the dangerous Tempest of the Madness of the People not inelegantly coupled with the Raging of the Sea by the Royal Prophet Upon Tuesday in the Morning the Earl came accompanied as before to Westminster The Second Day Tuesday March 23. and having stayed in the Exchequer Chamber till 9. of the Clock the King Queen and Prince being come and that High and Illustrious Court being set he was again brought to the Barr and the Lord High Steward having commanded the Committee of the Commons who were to manage the Evidence to proceed Mr. Pym in a large and studied Oration full of Hyperbolical Figures and Insulting Eloquence opened amplified and inforced the Charge by raveling the Answer of the Earl to his Articles of Impeachment in manner following My Lords WE stand here by the Commandment of the Knights Mr. Pym's Speech at the Trial of the Earl of Strafford March 23. Citizens and Burgesses now Assembled for the Commons in Parliament and we are ready to make good that Impeachment whereby Thomas Earl of Strafford stands charged in their Name and in the Name of all the Commons of England with High Treason This My Lords is a great Cause and we might sink under the weight of it and be astonished with the Lustre of this Noble Assembly if there were not in the Cause Strength and Vigour to support it self and to encourage us It is the Cause of the King it concerns His Majesty in the Honour of His Government in the Safety of His Person in the Stability of His Crown It is the Cause of the Kingdom It concerns not only the Peace and Prosperity but even the Being of the Kingdom We have that piercing Eloquence the Cries and Groans and Tears and Prayers of all the Subjects assisting us We have the Three Kingdoms England and Scotland and Ireland in Travail and Agitation with us bowing themselves like the Hindes spoken of in Job to cast out their Sorrows Truth
because he had not sued out his Pardon and there continued till March 1637. The Lord Dillon deposed much to the same effect Lord Dillon Lord Ranulagh Earl of Cork only he said my Lord gave no Vote in the Sentence The Lord Ranulagh also deposed to the same effect and that during the Debate the Lord-Deputy spake not a word or gave them interruption The Earl of Cork deposed That when the Sentence was read in the Star-Chamber my Lord-Deputy said he would not lose his share in the honour of it Lord Dillon testified the same and that my Lord said it was a Noble and Just Sentence Then the Managers proceeded to the proving his Execution of Martial-Law upon another person and William Castigatt deposed Will. Castigat That one Thomas Denewit was hanged upon the bough of a Tree as was said for a quarter of Beef but knows not whether by a Jury and he takes it my Lord Strafford was present Lord Dillon testified the same and that it was for stealing Beef and running from his Colours The Earl Ranulagh deposed the same and that the Lord Conway offered Reasons why he should not die for the Fact his running away being occasioned by his Lieutenant's bidding him desiring to be discharged go and be hanged which he did leaving his Musket with the Corporal The Lord Conway said he remembred some such thing but imperfectly The Earl answered The Earl of Strafford's Defence That the Lord Deputies have ever Exercised Martial Law upon the March of the Armies as well in time of Peace as War That the Lord Mountnorris was condemned for Breach of two of those Articles Lord Wilmot wherein he was not Judge he produced the Lord Willmot who affirmed That he himself being General the Lords Faulkland Grandison and Chichester used it That in 3 or 4 Parliaments it was never complained of That to govern an Army without it is impossible occasions rise on a saddain in an Army and for Example sake must be suddainly redressed That there were Provost Martials in every Province From whence the Earl inferred Lord Dillon he had done nothing de Novo The Lord Dillon affirmed That Martial Law had been practised and men hanged by it in times of Peace as to Mountnorris his Sentence he offered a Letter to Secretary Cook Sir Robert Farrer to show that he was a Suitor to the King for him but it was not permitted to be read Sir Robert Farrer testified that my Lord Strafford said he would give no Judgment concerning the Lord Mountnorris and that he sate bare in token that he was no Judge That he desired the Court not to look upon him but go to the Cause Sir George Wentworth averred the same and that my Lord would not permit him to give his Vote in regard he was his Kinsman That what was done was by the Council of War and that before they met he did not acquaint them with the business That his design was only to discipline the Lord Mountnorris and teach him to govern his Speech with more modesty To Denwitt he confessed and justified it from necessity the Army being then upon march to Carlisle and if not punished it would have been of dangerous Example that the Facts were proved That he had before been burnt in the hand that the Law justifies him in it producing several Statutes of Ireland 20 H. 6. c 19. 7 H. 7. c 1.10 H. 7. which make running from the Colours Felony and are in force in Ireland The Managers Urged That the Statutes were against him for that Felony is to be Tryed at Common-Law and so intended by those Statutes Then the Earl of Ely was sworn who deposed That Martial Law was in use in the Kingdom of Ireland and was two-fold Summary and Plenary the first for Rebels and Kerns that kept the Wood the other in the time of War in the Field which ended when the Army was dissolved that the use of it was rare in regard of the damage to the King the party condemned losing only life not Goods and Estate To my Lord 's saying the Nobility lost their blood in the Conquest of Ireland They said This way their own blood may be spent in the Peace of Ireland and of England too Upon Monday they proceed to the 6th Article of putting the Lord Mountnorris out of Possession of 200 l. per annum Monday March 29. 7th Day Article 6. Lord Mount-Norris Mr. Anslow upon a paper Petition of one Rolstone The Decree was read and Lord Mountnorris deposed That he was put out by my Lord's Warrant August 29. 1637. Mr. Anslow deposed the same To this the Earl Answered That his greatest grief was that the Arrow came out of the Quiver of the House of Commons that in his grey hairs he should be misunderstood by the Companions of his Youth The Earls Defence if the Decree were just he hoped it would go far in the Case Justice knowing no priviledge of Peers above common persons that it was warranted by the Statute of H. 6. which saves the King's Prerogative as also by his Commission which authorized him to proceed secundùm consuetudinem terrae which was read That it was agreeable to the practise of former Deputies who Exercised it in the nature of a Court of Requests This he proved by Robert Dillon in the Lords Cork Ely Faulkland Robert Dillon Grandison and Chichester's times of Government Lord Dillon by Orders he had seen under their hands The Lord Dillon confirming it and that he had seen several Petitions under the Lord-Deputies hands alone That he never knew my Lord Strafford meddle with matters of Law with Equity he hath which the Earl confessed He further shewed the necessity of the procedure by Petitions the Irish being Poor the person that came against the Lord Mountnorris was in forma pauperis he produced several Warrants and Orders of former Deputies to that purpose one from the Lord of Cork and particularly in the Lord Mountnorris his Case as appeared by the Decree read it was for the relief of a poor man whom my Lord Mountnorris had oppressed and violently possest himself of Lands to the value of 200 l. per annum that the Lord Mountnorris was kept in prison for contempt at the King's Suit in Star-Chamber and not for refusing to sue out his Pardon which he proved by Mr. Slingsby and Sir Adam Loftus and had he not had so short warning said he could produce the Orders of the Castle Chamber to make it Evident which the Lord Dillon also testified concluding That having authority from the King follewing the Rules and Practice of former Governors relieving the Poor who cannot follow a legal Process not intrenching upon the other Courts he hoped could never rise up in Judgment against him as Treason either in it self or by application To this Mr. Glyn Replied Manager replies That he would not acknowledg a cumulative Treason but must have
and read it in English That the French King had appointed Officers to view mens books and accompts to know what the King might demand of them and force them to pay and something to this purpose That it was an Example or might be an Example to do the like in England Lord Cottington Henry Gogan Sir William Parkhurst and Mr. Gogan being Present Mr. Gogan sworn deposed to the same Effect and that he said to my Lord Cottington My Lord this is worthy your Consideration or hearing or to that purpose Sir William Parkhurst sworn deposed That they were discoursed about the Copper money made for Ireland in Queen Elizabeth 's time Sir William Parkhurst and shewed them such a Letter and read the contents in English as before expressed but further he heard him not say nor any thing as expressed to the Lord Cottington or that if the King should do so he should follow the Example of other Princes Sir Ralph Freeman sworn deposed Sir Ralph Freeman That in a Debate about Copper-money he saying the workmen would not work if paid in that money my Lord replyed You know what course to take with them you may send them to the House of Correction The Examination of Mr. Thomas Skinner was read he being not present and my Lord having a Liberty reserved to Cross-Examine him he in his Examination about the seisure of the Bullion applying with others to my Lord he told them he knew not of it till that morning and that it was no news in other Countries where Princes made use of such wayes to serve their Occasions and in Effect about the Cities ingratitude c. as the other Witnesses To this he answered after some Recollection The Earl's Answer That for that part which would have been the principal part of the Charge concerning his Approving Counselling or Devising these Projects there was no proof offered and that the Testimony of the Witnesses acquits him for the undutifulness of the City the proofs are full and fuller then any thing of the Charge since his Tryal began that at that time he thought so but since he is of another Opinion and expressed himself so at the Council of Peers at York upon the Cities lending the King 200000 l. and that he would serve them with his Life For the French Letter and what was said to the Lord Cottington Mr. Gogan is singular in his Testimony this Letter he received from the Lord of Leicester which mentioned how the Cardinal had given directions to go into the Houses of diverse Merchants in Paris c. and having read it said You see what is done in other places but God be thanked you have so Pious and Gracious a King that he thinks on none of these things My Lord Cottington being interrogated said he knew nothing of the Letter nor ever heard of it but because he would recall it he spake with Sir William Parkhurst and Mr. Palmer they told him that while my Lord was reading the Letter he was in another Room writing From whence my Lord concluded That having told their Lordships the truth clearly under Favour of these Gentlemen he thought nothing can incline one way or other to be an Accusation of High Treason Mr. Maynard replyed Managers Reply That his words concerning the Great City of the Kingdom was no such slight thing Mr. Stroud added That whereas my Lord sayes Words only are laid to his Charge words may be Treason and more dangerous than some Actions such were his Counselling the King and Provoking him to Tyrannical Actions to his Subjects but my Lord stayes not here for Four Aldermen were Committed that day he gave the Counsel concluding That his words and Actions agree in this Kingdom and the miseries of this Kingdom do agree with his words and Actions Mr. Maynard proceeded to the 27th Article Artic. 27. of the Earl's Levying Money in Yorkshire and threatning the Refusers to take satisfaction out of their Goods and that to refuse was little short of High Treason First the Petition of the Gentlemen of the County of Tork was read in these words WHereas Your Majesty imparted to us the danger The Petition of the Yorkshire Gentlemen by the incursions of the Scots and the necessity of continuing the Trained-Bands of this County in entertainment for two Months raising Money so long and did Royally assure us That the Wardships of such as dyed in this Imployment should be freed and one third part of the Trained-Bands should be abated for which we acknowledge our bounden thankfulness in ready obedience of Your Majesties Command we have represented to Your Majesty our present Condition and in the entrance of the business we found a great impediment and discouragement by certain Warrants produced for levying Money towards this new service wherein in the first place we cannot omit to let your Majesty know the great grief we have in that the County is there charged with disaffection and backwardness therein which as we are confident we never were guilty of so we were in good hope your Majesty had received no such Impression of us And in the next place we find our selves much grieved that the execution of such Warrants which we conceive illegal should be concluded and urged on peril of life notwithstanding the strictness of which Warrants we find divers parts of the County have not been able to pay the Money demanded and from thence and the attestation of divers Gentlemen we are assured the scarcity of Money is such that it is disabled from satisfying your expectation therein And that Your Majesty may know it is no pretence but a real poverty we are bold to represent the Charges viz of Ship-Money Vast expences the last year in Military affairs The Billeting and Insolency of Soldiers this Summer part of the time on the credit of the County Decay of Trade Stop of Markets Charge of Carriages especially in Harvest by which means not only the common people but most of the Gentry by the failing of Rents are much impoverished And therefore we petition Your Majesty You will accept our endeavour to prevail with the Country to raise so much Money as will pay the County one whole month from their first rising within which time as is generally reported Your Majesty hath Commanded the attendance of the Peers to consult for the safety of the Kingdom and pray the Trained-Bands may be continued in the Villages where they are Quartered except Your occasions otherwise require it and in the interim for the redress of these Grievances and security of Your Kingdom Your Majesty will please to Declare Your Pleasure for summoning the High Court of Parliament c. This Petition Sir Philip Stapleton deposed upon Oath Sir Philip Stapletan Sir Hugh Cholmley to be the true Petition Then Sir Hugh Cholmley deposed That according to the desire of the Gentlemen this Petition was by the Lord Wharton delivered to the Earl who
afterwards is very high but no thanks to him that the Sentence of Death was not executed it was the Grace and Goodness of His Majesty that would not suffer my Lord Mountnorris a Person of that Eminence to be put to death against Law But the other was hanged and as appears against Law and though my Lord pretends the party was burnt in the hand yet that was not proved nor material and for him to do this in time of Peace when the Courts of Justice were open it argues a desire in his Breast to arrogate a Power above Law And in truth I may not omit some observations that my Lord made this day He hopes His Majesty would be pleased to grant him a Pardon I perceive he harboured in his thoughts that he might hang the King's Subjects when he would and then get a Pardon of course for it The Lord bless me from his Jurisdiction My Lords give me leave to go back again here is Power over the Lives and Liberties of the Subject but he exercised likewise a Tyrannical Power over his Estate Your Lordships may be pleased to remember the fourth Article where he judges my Lord of Cork's Estate in neither Church-land nor Plantation-land and therefore had no pretence of a Jurisdiction for it is a Lay Fee devolved by Act of Parliament to the Crown yet he deprives him of his possession which he had continued for Twenty nine years upon a Paper-Petition without Rules of Law And whereas my Lord of Cork went about to redeem himself the Law being every man's Inheritance and that which he ought to enjoy he tells him He will lay him by the heels if he withdraw not his Process and so when he hath judged him against an express Act of Parliament and Instructions and bound up a great Peer of the Realm he will not suffer him to redeem that wrong without a threat of laying him by the heels and he will not have Law nor Lawyers question his Orders and would have them all know an Act of State should be equal to an Act of Parliament which are words of that nature that higher cannot be spoken to declare an intention to proceed in an Arbitrary way The next was my Lord Mountnorris his Case and Rolstone And here I must touch my Lord with misrepetition Rolstone preferred a Petition to my Lord-Deputy my Lord-Deputy himself Judges his Estate and deprived him of his possession though he cannot produce so much as one example or precedent though if he had it would not have warranted an illegal action but he cannot produce a precedent that ever any Deputy did determine concerning a man's private Estate and if he hath affirmed it he proved it not some Petitions have been preferred to him but what they be non constat But though never any knew the Deputy alone to determine matters of Land yet he did it To the Seventh Article was produce no Evidence but my Lord of Strafford cannot be content with that but he must take upon him to make defence for that which is not insisted upon as a charge but since he will do so I refer it to the Book in Print where he determines the Inheritance of a Nobleman in that Kingdom that is my Lord Dillon by a Case falsly drawn and contrary to his consent and though he deprives him not of his possession yet he causes the Land to be measured out and it is a danger that hangs over his head to this day And had we not known that we had matter enough against my Lord of Strafford this should have risen in judgment against him but I had not mentioned it now if he had not mentioned it himself The Eighth Article contains several charges as that of my Lord Chancellor How he imprisoned him upon a Judgment before himself and the Council how he inforced the Seal from him when he had no Authority nay though it were excepted by his Patent that he should no way dispose of it but he looked not to Authority further than might make way to his Will Another concerns the prime Earl of that Kingdom my Lord of Kildare whom he imprisoned and kept close prisoner contrary to the King 's express command for his deliverance and in his answer my Lord acknowledges it but sayes That that Command was obtained from the King upon a mis-information These things I would not have mentioned if he had passed them over but since he gives them in give me leave to mention and say we had a ground to put them into Charge and could have proved them if there had been need punctually and expresly and I believe little to my Lord's advantage But your Lordships I think do remember my Lady Hibbots Case where the Lady Hibbots contracts with Thomas Hibbots for his Inheritance for 2500 l. executes the Contract by a Deed and Fine levied deposits part of the Money and when a Petition was exhibited to the Lord-Deputy and Council for the very Estate your Lordships remember how this came in Judgment before my Lord-Deputy there was but a Petition delivered there was an answer made and all the suggestions of the Petition denyed yet my Lord spake to Hibbots himself that was willing to accept the Money not to decline the way that he was in by Petition Five hundred pound more will do him no hurt to carry into England with him and yet without examination of a Witness a Decree was made to deprive this Lady of her Estate and the purchasing of this Land by my Lord of Strafford was proved by two Witnesses though not absolutely yet by confession of Sir Robert Meredith and others whose names were used in Trust for my Lord of Strafford and that it proved according to my Lord of Strafford's Prophecy for the man had five hundred pounds gain above the Contract with my Lady Hibbots But after the Lands were sold for Seven Thousand Pounds so that the Lady Hibbots offence was her making of a bargain whereby to gain Five hundred pounds but there was no offence in my Lord to make a bargain for Three thousand pounds and to gain Four thousand pounds presently this you see proved by Hibbots the party and by Mr. Hoy the Son of the Lady Hibbots So that here is a determination of a Cause before the Council-Table touching Land which was neither Plantation nor Church-Land without colour of the Instructions contrary to Law to Statute to Practice and if this be not an exercising of an unlawful jurisdiction over the Land and Estates of the Subject I know not what is In his answer to this Case he did open it yet whether he mistook or no I know not that he had a Letter from the King but he produces none in evidence and that is another misrecital I am sorry he should mis-recite and fix it upon the Person of His Soveraign in a case of this nature Now he falls more immediately upon the Liberty of the Subject and that is by the Warrant
Corruptives of Judgment Mr. Speaker I do before God discharge my self to the uttermost of my Power And do with a clear Conscience wash my hands of this mans blood by this solemn Protestation That my Vote goes not to the taking of the Earl of Strafford 's Life Exceptions were taken at this Speech upon Friday following and the Lord Digby Explained himself but for the present there was nothing done in it though afterwards the sleeping Revenge roused it self to some purpose for upon the 15th of July to do him all the infamy they could this Speech was by Order of the House burnt by the hand of the Common Hangman in Smithfield Palace Yard and in the Royal Exchange The Lords made no great hast in dispatching the Bill of Attainder Saturday April 24. and therefore the Faction fell upon other Methods of quickening them one of which was a Petition from many Thousands of the City which was upon Saturday presented by them to both Houses thereby to make it appear the Desire of the City and to speak truth they had strangely Exasperated the City against him as will appear by the Petition which follows To the most Honourable Assembly of the Lords and Commons in this present Parliament The humble Petition of divers Citizens of London SHEWETH THat notwithstanding His Majesties Gracious Answer The first Petition of the Citizens against the Earl of Strafford April 24. to the humble Petition of his Loyal Subjects in Summoning this Parliament with the great Care and Endeavoured pains taken by both Houses for the removing the heavy Grievances in Church and Common-wealth whereof the Petitioners have already received some Fruit for which they desire to return their most humble and utmost Thanks yet nevertheless they are enforced with all Humility to represent to this most Honourable Assembly some of those Obstructions which do still hinder that freedom and fulness of Trade in this City they have formerly had and which considering the numerous multitude thereupon depending they conceive it not able comfortably to subsist As the unsetled Condition of the Kingdom even since the Troubles in Scotland hath caused both Strangers and also some of our own who did furnish great summs of money to use to call it in and remit much of it by Exchange into Forraign Parts and stand now in expectation of what the Issue of things may be The stopping Money in the Mint which till then was accounted the safest place and surest Staple in these parts of the World still doth hinder the Importation of Bullion the Scots now disabled to pay such Debts as they owe to the Petitioners and others in the City and by reason of the Oppressions exercised in Ireland their Debts also are detained there The English Trade by reason of our general Distractions and Fears is so much decayed that Country Trades-men cannot pay their Debts in London as formerly The great Sums of Money unduly taken by His Majesties Officers and Farmers for Impositions upon Merchandize Exported and imported and the want of Relief in Courts of Justice against them The drawing out from the City great Sums of Money which is the Life and Spirit of Trade for His Majesties Service in the North and being there employed is not yet returned Besides all which from what strong and secret Opposition the Petitioners know not they have not received what so much time and pains might give and cause to hope but still Incendiaries of the Kingdoms and other Notorious Offenders remain unpunished The Affairs of the Church notwithstanding many Petitions concerning it and long Debate about it remains unsetled the Papists still Armed the Laws against them not Executed some of the most Active of them still at Court Priests and Jesuits not yet Banished the Irish Popish-Army not yet Disbanded Courts of Justice not yet reformed and the Earl of Strafford who as now appears hath Counselled the Plundring of this City and putting it to Fine and Ransom and said It would never be well till some of the Aldermen were hang'd up because they would not yield to Illegal Levies of Monies had so drawn out and spent this time in his business to the very great Charge of the whole Kingdom and his endeavour to obtain yet more all which makes us fear there may be practices now in hand to hinder the Birth of your great endeavours and that we lie under some more dangerous Plot than we can discover All which Premisses with their Fears and Distractions growing there-from and from things of the like nature the Petitioners humbly offer to the most grave Consideration of this most Honourable Assembly as being the true Causes of decay of Trade discouragement of Trades-men and of the great scarcity of Monies with the Consequences they labour under And do humbly pray That their sad Grievances may be Redressed the Causes of their Fears removed Justice executed upon the said Earl and other Incendiaries and Offenders the rather in regard till then the Petitioners humbly conceive neither Religion nor their Lives Liberties or Estates can be secured And as in Duty bound they shall ever pray c. But all they could do notwithstanding the frequent Conferences and Debates the Lords resolved to hear what the Councel would first say upon the Legality of the Bill upon which this Message was sent to the Commons by Judge Foster and Judge Heath That their Lordships will be ready to meet at a Conference by a Committee of both Houses at Nine of the Clock upon Thursday Morning in Westminster-Hall there to hear this House according to their own Offers when they brought up the Bill of Attainder of the Earl of Strafford Mr. Hide was this Day sent up to the Lords Widnesday April 28. to acquaint them with the Fears they have that the Earl of Strafford may design to Escape That he hath Ships at Sea at Command and the Guards weak and to desire he may be made a close Prisoner and the Guards strengthened To which the Lords answered They would take it into Examination and give Directions accordingly Upon Thursday the Houses being met at the Hall Thursday April 29. the King Prince and Queen being present Mr. St. Johns to whom that Province was consigned by the Commons made his Argument of the Legallity of the Bill of Attainder as followeth My Lords THE Knights Mr. St. John's Argument at Law for passing the Bill of Attainder April 29. Citizens and Burgesses of the Commons House of Parliament have passed a Bill for the Attainting of Thomas Earl of Strafford of High-Treason The Bill hath been transmitted from them to your Lordships it concerns not him alone but your Lordships and the Commons too though in different respects It concerns his Lordship the highest that can be in the Penal Part so it doth on the other side as highly concern your Lordships and the Commons in that which ought to be the tend'rest the Judicatory within that that Judge not them who Judge
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-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
rather what was safe than what seemed just preferring the outward peace of my Kingdoms with men before that inward exactness of Conscience before God And indeed I am so far from excusing or denying that complyance on my part for plenary consent it was not to his destruction whom in my judgment I thought not by any clear Law guilty of death that I never did bear any touch of Conscience with greater regret which as a sign of my repentance I have often with sorrow confessed both to God and Men as an Act of so sinful frailty that it discovered more a fear of man than of God whose Name and Place on Earth no man is worthy to bear who will avoid inconveniencies of State by Acts of so high injustice as no publick convenience can expiate or compensate I see it a bad exchange to wound a mans own Conscience thereby to salve State sores to calm the storms of popular discontents by stirring up a Tempest in a mans own bosom Nor hath Gods Justice failed in the event and sad consequences to shew the World the fallacy of that Maxim Better one man perish though unjustly than the people be displeased or destroyed For in all likelihood I could never have suffered with my people greater calamities yet with greater comfort had I vindicated Strafford's innocency at least by denying to Sign that destructive Bill according to that Justice which my Conscience suggested to me then I have done since I gratified some mens unthankful importunities with so cruel a favour and I have observed that those who counsell'd me to Sign that Bill have been so far from receiving the rewards of such ingratiatings with the People that no men have been harassed and crushed more than they he only hath been least vexed by them who counselled me not to consent against the Vote of my own Conscience I hope God hath forgiven me and them the sinful rashness of that business To which being in my Soul so fully Conscious those Judgments God hath pleased to send upon me are so much the more welcome as a means I hope which his mercy hath sanctified so to me as to make me repent of that unjust Act for so it was to me and for the future to teach me that the best rule of policy is to prefer the doing of Justice before all enjoyments and the peace of my Conscience before the preservation of my Kingdoms Nor hath any thing more fortified my resolutions against all those violent importunities which since have sought to gain a like consent from me to Acts wherein my Conscience is unsatisfied than the sharp touches I have had for what passed me in my Lord of Straffords business Not that I resolved to have employed him in my affairs against the advice of my Parliament but I would not have had any hand in his death of whose guiltiness I was better assured than any man living could be Nor were the crimes objected against him so clear as after a long and fair hearing to give convincing satisfaction to the major part of both Houses especially that of the Lords of whom scarce a third part were present when the Bill passed that House And for the House of Commons many Gentlemen disposed enough to diminish my Lord of Strafford 's Greatness and Power yet unsatisfied of his Guilt in Law durst not condemn him to dye who for their integrity in their Votes were by posting their Names exposed to the popular Calumny Hatred and Fury which grew then so exorbitant in their clamors for Justice That is to have both my self and the Two Houses Vote and do as they would have us that many 't is thought were rather terrified to concur with the condemning party than satisfied that of right they ought so to do And that after Act vacating the Authority of the precedent for future imitation sufficiently tells the world that some remorse touched even his most implacable Enemies as knowing he had very hard measure and such as they would be very loath should be repeated to themselves This tenderness and regret I find in my Soul for having had any hand and that very unwillingly God knows in the shedding one mans Blood unjustly though under the colour of the Formalities of Justice and pretences of avoiding publick Mischiefs which may I hope be some Evidence before God and Man to all Posterity that I am far from bearing justly the vast load and guilt of all that blood which hath been shed in this unhappy War which some men will needs charge upon me to ease their own Souls who am and ever shall be more afraid to take away any mans life unjustly than to lose my own Nor was this all for besides what he said at his own Death he acquainted Doctor Shelden afterwards Archbishop of Canterbury with his Resolution if ever he was in a Condition to perform his Vows of which this was one To do publick Pennance for the injustice he had suffered to be done to the Earl of Strafford as may be large be seen in his Life written by Dr. Perinchief fol. 119. Nothing was sounded in the Kings Ears but Fears Terrors and Threatnings of Worse and Worse Tumults and Rebellions from every quarter of the City and every corner of the Kingdom and indeed the King who had seen the effects of them both in Scotland and England could not but have very terrible apprehensions of them At last having wrastled him breathless he was vanquished by Importunity and necessity and yielded to the Passing of these two Fatal Bills by Commission the one for the Earl's and the other as it proved in the Event for his own Execution Upon Monday May the 10th Monday May 10. Bill of Attainder passed by Commission Mr. Maxwell Gentleman-Usher to the Lords came to acquaint the Commons with the good news that His Majesties Assent to the two Bills was to be given by Commission and that their Lordships did expect Mr. Speaker and the House of Commons to come up It seems the Gentleman was something transported as sure all the world was out of their wits for he came without the Black Rod and entred without being called in at which there was Exceptions taken but the News he brought was so agreeable that the transport of it did him the favour to take off the Resentments of the House who at another time would not have pocketted up such an affront with silence The Commission was granted under the Great-Seal of England directed unto the Lord Privy-Seal Lord Great Chamberlain Lord Steward The manner of passing Bills by Commission or any two of them for passing the Royal Assent to two Bills the one intituled An Act of Attainder of Thomas Earl of Strafford of High-Treason the other An Act to prevent the Inconveniencies which may happen by the untimely Adjourning Proroguing or Dissolving of this present Parliament The Lords being all in their Robes and the Commissioners sate upon a Form standing across the House
time rested under great deliberation at last in a time when a great part of the Peers were absent by reason of the tumults and many of those who were present protested against it the said Bill passed the House of Peers and at length His Majesty the late King CHARLES the I. of Glorious Memory granted a Commission for giving His Royal Assent thereunto which nevertheless was done by His said Majesty with exceeding great sorrow then and ever remembred by him with unexpressible grief of Heart and out of His Majesties great Piety he did publickly express it when His own Sacred Life was taken away by the most detestable Traytors that ever were For all which Causes be it Declared and Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled That the Act Entituled An Act for the Attainder of Thomas Earl of Strafford of High-Treason and all and every Clause and Article and thing therein contained being obtained as aforesaid is now hereby Repealed Revoked and Reversed And to the end that Right be done to the Memory of the deceased Earl of Strafford aforesaid Be it further Enacted That all Records and Proceedings of Parliament relating to the said Attainder be wholly Cancell'd and taken off the File or otherwise Defaced and Obliterated to the intent the same may not be visible in after-ages or brought into example to the prejudice of any person whatsoever Provided That this Act shall not extend to the future questioning of any person or persons however concerned in this business or who had any hand in the Tumults or disorderly procuring the Act aforesaid Any thing herein contained to the contrary thereof notwithstanding May his and all the Innocent Blood that was shed after it for ever sleep and not like the Souls under the Altar call out Quousque Domine crying for Vengeance upon this Nation The Poets of the Age were not wanting to Embalm the Memory of so great a Mecaenas with Elegies and Epitaphs though such was the little Envy of his Enemies that they did not only suppress but punish the Printers and Publishers of them one Holmer being clapt up in the Gate-House by a Vote of the Commons for Printing Scandalous Verses upon the Earl of Strafford Among the rest Cleveland then great in Reputation bestowed these 2 Epitaphs upon this Noble Earl Epitaph upon the Earl of Strafford HEre lies Wise and Valiant Dust Huddled up 'twixt fit and just Strafford who was hurried hence 'Twixt Treason and Convenience He spent his time here in a Mist A Papist yet a Calvinist His Princes nearest Joy and Grief He had yet wanted all Relief The Prop and Ruin of the State The Peoples violent Love and Hate One in extremes lov'd and abhorr'd Riddles lye here And in a word Here lies Blood and let it lye Speechless still and never cry Epitaphium Thomae Comitis Straffordii c. EXurge Cinis tuumque solus qui potis es scribe Epitaphium Nequit Wentworthi non esse facundus vel Cinis Effare marmor quem cepisti comprehendere Macte exprimere Candidius meretur Vrna quam quod rubris Notatum est literis Eloquium Atlas Regiminis Monarchici hic jacet lassus Secunda Orbis Britannici Intelligentia Rex Politiae Prorex Hiberniae Straffordii Virtutum Comes Mens Jovis Mercurii ingenium lingua Apollinis Cui Anglia Hiberniam debuit seipsam Hibernia Sydus Aquilonicum quo sub rubicunda vespera occidente Nox simul dies visa est dextroque oculo flevit laevoque laetata est Anglia Theatrum Honoris itemque scena calamitosa Virtutis Actoribus morbo morte invidia Quae ternis animosa Regnis non vicit tamen Sed oppressit Sic inclinavit Heros non minus caput Belluae vel sic multorum Capitum Merces furoris Scotici praeter pecunias Erubuit ut tetegit securis Similem quippe nunquam degustavit vanguinem Monstrum narro fuit tam infensus legibus Vt prius legem quam nata foret violavit Hunc tamen non sustulit lex Verùm necessitas non habens legem Abi Viator Caetera memorabunt posteri Which for their sakes who understand not the Language I have thus Translated into English though not without loss to many of those Beauties and Graces which are so peculiar to the Latin as not to be expressed in our Language An Epitaph upon Thomas Earl of Strafford c. Rise Noble Dust Thou only canst unto thy self be just Write thine own Epitaph speak thy wonted sence Great Wentworth's Ashes can't want Eloquence Although his Innocence deserves an Elegy Whiter then Redstreak Marble can supply Yet weeping Marble tell Who does beneath thee dwell The Atlas of Monarchique State lies here The second Mover of Great Britains Sphere The King of Politiques Irelands Deputy And in a word Of Strafford and of Virtue the Illustrious Lord Does underneath this Marble breathless lye The mighty Jove did his great mind bestow and nimble Mercury his Wit Apollo on his Tongue did sit Ireland her self Englandto him did Irelandowe Bright Northern Star When in a Bloody Cloud he set Night and Day together met England did seem of her right Eye bereft To weep and laugh untowardly with what was left The Scene of Honour and the fatal Stage Of Virtuous and Distressed Innocence The Actors Envy and Three Kingdoms rage against them what Defence Opprest but yet not overcome he stood Vnconquered still and met the Rolling Flood Thus the Illustrious Hero bow'd For such he was at least He bow'd his Noble Head unto the Beast Of many Heads the Croud Into the Bargain thrown Of ready Money then paid down To Scottish Traytors to Invade the Crown The blushing Ax amazed stood It nere before had drunk such Blood A wonderous thing I tell Illustrious Strafford fell Obnoxious to the Law strange Crime Before the Law was made to punish him How Strafford dy'd then would you know Lawless Necessity gave the Fatal blow Pass on O Traveller wee 'd best Here leave him and Posterity to weep the Rest It will possibly be some satisfaction to the Curiosity of the Reader to see those Papers of Sir Henry Vane's which seem to have been of such considerable import as to have cast the Beam in the Fate of this great Person and indeed I had done it in its proper place had those Papers then come to my hands but however better late then not at all and if they contribute to the satisfaction of the Inquisitive they are to ow the Obligation as upon all occasions I shall do to the kindness of the Right Honourable Sir Francis North Late Lord Chief Justice of the Common-Pleas and now Lord-Keeper of the Great Seal of England who was pleased to furnish me with a Transcript of some Memoirs of the late Earl of Manchester's the Originals being written with the said Earls own
Governour under Sir Thomas Jermyn of the Isle of Jersey having given an Account of the state of the Isle was Ordered to repair to his Charge there and if Mr. Percy Mr. Jermyn c. were there to apprehend them and cause them to be safely conducted to the House of Lords A Conference was this day appointed to be had with the Lords Fri day May 7. Heads of a Conference about the present dangers of Portsmouth and the French to acquaint them that divers persons who were suspected to have a hand in the Conspiracy and that in order to the discovery of it should have been Examined were gone that new Informations were brought to the Commons of several French Forces lay in Piccardy to be Transported into England probably into Portsmouth and to desire their Lordships to joyn with this House for the Discovery of these Practices and that some Forces may be drawn out of Wiltshire and Barkshire for securing of Portsmouth Sir Walter Erle was also ordered to go down into Dorsetshire to take care of the preservation and safety of that County Sir Hugh Cholmley to go to the Lords to desire them to move his Majesty that the Earl of Essex in this time of danger may be made Lord Lieutenant of Yorkshire A Proclamation was drawn to bring in Mr. Percy c. WHereas Henry Percy Esq Henry Jermyn Esq Proclamation to bring in Mr. Percy Sir John Suckling Knight William Davenant and Captain Billingsly being by order of the Lords in Parliament to be Examined concerning designs of great danger to the State and mischievous ways to prevent the happy Success and Conclusion of this Parliament have so absented and withdrawn themselves as they cannot be Examined His Majesty by the advice of the said Lords in Parliament doth strictly charge the said Henry Percy Esq Henry Jermyn Esq Sir John Suckling William Davenant and Captain Billingsly to appear before the said Parliament at Westminster within Ten days after the Date hereof upon pain to undergo such forfeitures and punishments as the said Lords shall order and inflict upon them The Earl of Bristol Reported to the Lords House Earl of Bristols Report about disbanding the Irish Army May 7. That his Majesty had taken a resolution for the disbanding of the new Irish Army to that purpose an estimate hath been given in to the King of the Charges that 10000 l. will now do it Whereupon there is order taken for the speedy Raising and Returning of Moneys to that intent And Sir Adam Loftus Vice-Treasurer of Ireland hath engaged himself to repay in September next those Monies shall be disbursed by the Earl of Cork and others in the interim for that purpose That likewise there is care taken how to dispose and imploy the said Soldiers that they may not be troublesome to that Country to that purpose there are Eight Colonels and Captains Nominated who will take off these Men and Transport them to Forreign Parts which his Majesty will give way unto if it be to a Prince that he is in Amity with provided that these Commanders do give the King and Parliament an Account both of their Persons and their Imployers before they have the Command of the Soldiers Mr. White Chair-man of the Committee for Scandalous Ministers Saturday May 8. Reports the matter of Complaint exhibited against Edward Finch Vicar of Christ-Church London Upon which these Votes passed Resolved c. Votes about Mr. Finch Vicar of Christ-Church London That the said Edward Finch is guilty of practising Innovations in the Church Non-Residency foul Extortion neglect of the Duty of his Function and prophaning the Sacrament a Man of prophane Life scandalous in his Doctrine and Conversation and a hinderer of preaching Resolved c. That the said Edward Finch is a man unfit to hold any Benefice or Promotion in the Church Mr. White is Ordered to transmit this Case to the Lords that the Parish may be eased of him Thus early did they begin to strike at Root and Branch of Episcopacy for all those who were obedient to their Governours in the Church or thought God Almighty ought to have bodily Worship and Adoration in those places where he has put his Name and made them Houses of Prayer all those who thought kneeling at the Receiving the Holy Sacrament necessary or any other decent Postures Gestures or Vestments that might outwardly signifie inward Veneration and Homage Lawful and Expedient were upon the slightest Accusations voted Guilty of Innovation Prophaneness and unworthy of any Promotion in the Church And as Mr. Symmons Vindicat of King Charles p. 73. Symmons in his Vindication of King Charles who was an Eye-witness of this terrible Persecution informs us All Accusations against any though the best Ministers by the most malicious and lewdest persons were invited by Ordinance incouraged and admitted of without any proof at all And it can be no wonder that the Orthodox Clergy suffered so deeply both in their Reputation and Estates when not only their Accusers which mostly were the several Sectaries in their Parishes or such others as went about to defraud them of their just Dues were their most inveterate Enemies but their Judges too were frequently both Parties in promoting and managing those Accusations and by their open favouring their Accusers shewed the partiality of Enemies The Faction saw the absolute necessity of getting the power of the Sword into their hands both to justifie what they had already done and to support them in what they intended by their pretended Reformation which was totally to abolish Episcopacy in the Church and to clip the Wings of Prerogative if not wholly to take away the Government of Monarchy it self Now to the accomplishment of this design upon the Militia Navy Forts Magazines and Strength of the Nation all Arts imaginable were used to gain the People the great pretences were Liberty Property and Religion for as Mr. Hambden one of the principal Grandees of the Faction told a private friend without that they could not draw the People to assist them The great Rubb in their way to the gaining of the People they knew would be the Loyal and Orthodox Bishops and Clergy these therefore were to be removed that so Creatures of their own might be introduced into Corporations and especially into the City of London who might from the Pulpit preach the Oracles of Sedition and Rebellion delude the People animate and incourage them to assist the Parliament in this Glorious Reformation by putting the power of the Sword into their hands That they might effect this they did not only obtrude Lecturers by order of the House upon most Churches of Note in London and elsewhere but by their means and the restless malice of the Sectaries were perpetually Petitioning and Articling against the Episcopal Clergy And to encourage this Trade of Parson-hunting as the factious Sectaries called it and which did extreamly tie them to the Parliament a pretended Order of the
could upon occasion and when they had an intention to flatter the King in order to some further Favours do it themselves Thus did this Great Prince indeavour in every thing to oblige this stubborn Faction but alas he met with nothing but ingratitude from their Presbyterian Temper who looked upon what ever he gave as his Duty and construed his most Gracious Concessions to be the Effects of his Fear not his Bounty and from thence they took courage to raise their demands higher as hereafter we shall see This day the Bill for pressing Marriners and others was passed and Ordered to be ingrossed The Earl of Bristol signified to the House of Lords That the Scots Commissioners had desired the Lords Commissioners to present to the Parliament an Extract which they have made of a Letter sent them from the Committee at New-Castle dated the 30th of April which was read Viz. WE find by Sad Experience Extract of a Letter from Newcastle read in the House of Lords that if a way had been invented to ruin us there could not be one more ready then this undermining of us by granting new Cessations and keeping back of the Monies promised for our daily Maintenance which makes us Earnestly to recommend to your Lordships Care the pressing of Money for us with speed and to consider well of our Estate in case any new Cessation be desired We perceive likewise the same Effects to follow upon the Prorogation of the Parliament for the Countrey by delay of Justice stop of Trade keeping up Armes within and sending their Victuals to us is so exhausted that e're it be long this Remedy will be worse then the Disease These Considerations make us to intreat your Lordships with all earnestness to press for an Answer of our Demands and a Conclusion of the Treaty in such a way as your Lordships shall think fitting having respect first to the Cause in hand and next to the Condition of our Army and the Estate of the Country at home Then his Lordship told them that the Scots have received an Answer from the King of those Articles which his Majesty had undertaken to consider of and declared the earnest desire that the Scots Commissioners had exprest to the Lords Commissioners to have an end of the Treaty and the Peace setled that so they may return into their own Countrey Hereupon a Message was sent to the Commons to desire a Conference by a Committee of both Houses presently touching the Treaty of both Kingdoms Divers Recusant Lords declared to their House Some Recusant Lords take the Protestation that they were ready to take the Protestation so much as concerns the Civil part of it so they might be dispensed with for the matters of Religion which binds their Consciences which the House giving way to the Lord Marquiss of Winchester the Earl of Rivers and the Lord Audley made the Protestation accordingly It was this day Ordered That Mr. Tuesday May 11. The Bill for Pressing Seamen passed the Lords House The Lords to intercede with the King for the Wife and Children of the Earl of Strafford Tumults A Conference about the Queen Mother Pym's Speeches at the beginning and end of the Lord Strafford's Trial as also Mr. St. John's Argument in Law should be Printed The Bill for the better Levying of Marriners was read a Third time and being put to the Question It was Resolved That it was fit to pass for a Law Nemine Contradicente It was also Resolved That the House of Lords should become Suitors to his Majesty about the Wife Children and Creditors of the Earl of Strafford that he will be pleased to take them into his Mercy and Consideration There was also a Conference appointed to be had with the Lords that some care may be taken of the Queen-Mother who was threatned by the Rabble A great Character being given of her that she was a person of great moderation and had expressed her desire to the King that he should Govern by Parliaments how dishonourable it would be to this Nation to suffer her to be treated with rudeness and insolence in a place whither she was come expecting Protection They had now raised a Devil to affright the King which they began to be affraid of themselves for the Tumults grew so high that 1000 Seamen being got together about the Tower pull'd down Two Houses opposed the Trained-Bands who were sent to disperse them and in the Fray kill'd two of them and wounded others Upon Report from the Committee for Religion concerning Mr. Wednesday May 12. Votes about Mr. Will. Ashton Vicar of Painswick Ashton Vicar of Painswick It was Resolved c. That the Vicar of Painswick Mr. William Ashton is a common haunter of Ale-houses a common Drunkard a frequent attempter upon the Chastity of Women and unfit to hold any Benefice or Promotion in the Church and the Case to be transmitted to the Lords I do not find this Gentleman Recorded by Mr. White the Chairman of this Scandalous Committee which makes me apt to believe that his Crimes were too slenderly proved to indure the Light and well we may judge him innocent notwithstanding this heavy Charge when even some of those who were recorded in that shameless Book of Centuries who were Accused of Adultery and Drunkenness had those horrid Accusations supported by no other proof than only kissing a Woman in the presence of Company and the drinking only one half pint of Wine but the manner was to lay all manner of Crimes in the Petition and Articles and if any of the least or which they called so such as bowing at the Name of Jesus Preaching against Sacriledge or for Conformity c. were proved the Charge was supposed sufficiently made good and they were Treated accordingly as if they had been the most notorious Criminals and those Crimes most notoriously proved The Bill for the further relief of his Majesties Army and the Northern parts of this Kingdom Bill for the Army c. and for shortning Michaelmas Term passed the Lords House Order to Pillory Harwood and Drinkwawater for Contempt of the House as also the Bill for abbreviating of Michaelmas Term being Thrice read in the House of Lords upon the Question they were severally agreed to be passed as fit for Laws It was also Ordered That Robert Harwood and Thomas Drinkwater for their Contempt of the Orders of the Lords House should be set upon the Pillory in the new Palace-Yard at Westminster there to remain two hours in the Morning with Papers on their Heads with this Inscription For disobeying and using scornful speeches against an Order of the Vpper House of Parliament In the Commons House the Petition of the University of Cambridge for the maintenance of Episcopacy and Cathedrals were read which as I find it in the Collection of Speeches commanded to be Printed by his Majesty to let the Nation see that it was only the Faction that desired their overthrow
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
Repairing the High-ways Bridges and Twenty Pounds yearly to the Poor as is aforesaid But over and besides the said yearly Revenues before mentioned the said Dean and Chapter of Gloucester although but of the last Foundation and one of the least Revenues in this Kingdom yet they have Eighteen goodly Mannors and also divers other Lands Tenements and Heriditaments besides the Mannors Houses and Premises the old Rent of Assize of one of the said Mannors being 80 Pound per annum out of which Mannors and Lands the said Cathedral being to be made a Parochial Church 200 Pound per annum or more may be allowed for a Learned Preaching Minister there and a Hundred Pound a year apiece for two such others to assist him which in few years one of the said Mannors will discharge and also sufficiently Repair the said Cathedral Church and then the rest of the said Mannors and Lands may be employed to other Godly Pious or Charitable uses as the Wisdom of the King and Parliament shall think fit and suitable to this but in a more ample proportion of maintenance will be the allowances of all other Deanaries in England Again this I conceive will answer another Objection raised by a Worthy Knight at the Bar touching the Poverty of the Clergy of England if this Bill should take effect surely my Opinion is quite contrary and to that purpose I call to mind the saying of a Learned Divine Chaplain to a Nobleman upon some Conference with him of our wished desire to remove Scandalous Ministers and to reduce the Impropriations of Bishops and Deans and Chapters to a Preaching Ministry if these things said he take effect the Universities will not be able to supply the Churches and surely Sir if these things take effect I am confident we shall be so far from having a Poor beggerly Clergy as that no Kingdom in the Christian World will have a more Rich and Flourishing Clergy both for Nurseries and Incouragements of Learning and for their maintenance in more plentiful manner then it is at this present Please you therefore to put the Question I am ready to give my aid thereunto Whereupon it was Debated and strongly Urged by the Faction That there should from henceforth be no more Deans and Chapiters Chancellors or Commissaries Arch-Deacons Deans Prebendaries Chanters Canons or Petty Canons or any other their Officers within this Church or Kingdom and that all Lands and Revenues belonging to them should be taken away and disposed of to the advancement of Learning and Piety and that such of them as have no other subsistence but those Places and not Delinquents should have a Competent allowance for the term of their Lives Thus did they cover their Covetous Designs of Devouring the Church Revenues with the specious pretences of advancing Learning and Piety But the Event proved their Hypocrisie for when they had taken these Lands from the Legal Possessors of them Piety and Learning found so little a share of the Booty that even their own Hirelings of the Presbytery who had assisted them with their mercenary Lungs to Rob the Church were so far from getting any thing by it that with much to do they Escaped having their own Skins their Tithes and Glebe pulled over their Ears making good the Apologue of the Lion and his Fellow Huntsmen by their Folly and Indiscretion not to call it Rapine and Sacriledg The House of Commons was this Day wholly taken up with the further Examination of Col. Goring about the matter of the Army Wednesday June 16. Upon reading of a Petition of the Inhabitants of St. Saviours Southwark complaining against William Sonyter William Shepheard The Lords Order about those who committed the disorders at St. Saviours and St. Olavis Southwark Toby Gratwick Hugh Barcock George Ewer George Pitcher Thomas Loe c. for their pressing into the Church of the said Parish and violent breaking and pulling down the Railes about the Communion Table in an Insolent and Tumultuous manner the Parties complained of were brought to the Barr and their Council were admitted to speak for them and after a full hearing of both Parties and several Witnesses Examined on either side it did appear unto the House that the said Parties were guilty of the said Complaints laid against them in the Petition Thereupon it is Ordered That new Railes shall be forthwith set up by the appointment of the Churchwardens of the said Parish about the Communion Table in the same manner as they have been for the space of Fifty Years last past but not as they were for four or five Years last past and this to be done at the Costs and Charges of the abovesaid Delinquents And further That they shall make a Publick Acknowledgment of their faults in the Body of the Church upon a Sabbath Day when the Congregation shall be present And lastly That they shall stand Committed to the Fleet during the Pleasure of this House Also upon reading of the Petition of the Minister and the Inhabitants of St. Olaves Parish in Southwark against Robert Wainman George Bonace Hugh Evans and John Moor for making and causing to be made a great Tumult and Disorder in the Church of the said Parish in the time of the Administration of the Blessed Sacrament and for the hinderance of the performing of the same and for the great abuse of the Minister that administred the same and for using irreverent speeches when the said Duty was performing the Parties aforesaid were brought to the Barr and admitted to speak for themselves and after a full hearing of both sides and Witnesses Examined it appeared to the House that the said Parties complained of were guilty of the Complaints laid against them Whereupon the House did think fit and Ordered That the said Robert Wainman and George Bonace for their said Offences shall stand committed unto the Prison of the Kings-Bench forthwith and there to continue for the space of Six Months without Bail or Mainprize And that they shall stand upon a High Stool in Cheapside and Southwark for two hours together upon two Market-Dayes and acknowledg their Faults publiquely And lastly That they shall pay 20 l. Fine to his Majesty and to be bound to their good Behaviour And it is further Ordered That the said Hugh Evans and John Moor shall forthwith stand Committed to the Kings-Bench until they find Sureties to answer at the next Assizes to be kept for the County of Surrey their Faults and Offences in the disturbing and hindering the Administration of the blessed Sacrament who are there to be proceeded against according to Law And that Robert Osbalston Gent. and Richard Cant shall enter into Recognizance before Sir John Lenthall Knight one of his Majesties Justices of the Peace for the County of Surrey to appear at the next Assizes and prosecute against the said Hugh Evans and John Moore for their Offences aforesaid The State of the Accounts of the English and Scottish Armies were brought into
of this Church and Nation the Advancement of Religion and Learning the Encouragement of the Modest Hopes and Honest Endeavours of many Hundred Students in the Universities Who do and shall ever pray c. Dat. An. Dom. millesimo sexcent ' quad ' primo è Domo Convocationis in celebri Conventu Doctorum ac Magistrorum omnibus singulis assentientibus Upon Report from the Lords Committees for Priviledges The L. Morley to be Tryed by his Peers for the Murther of one Clark It is Ordered That the Lord Morley and Monteagle shall be Tryed at the Barr in this House touching the Murther of Peter Clarke and that a Writ of Certiorari shall be directed to the Lord Chief Justice of the Kings-Bench to bring into this House the Indictment and Examinations against the said Lord Morley remaining now in the Court of Kings Bench that the King's Attorney and the rest of his Majesties Learned Counsel shall give in Evidence on the Kings behalf against the said Lord Morley And that the said Lord Morley shall have Liberty to have Counsel to speak for him in point of Law only but not to matter of Fact And lastly That the Complainants shall be heard by their Counsel at the Barr at their said Tryal if they desire it And because that in one and the same Indictment the said Lord Morley and Mr. Kirke are both contained this House doth further Order That the Record of the Indictment for so much as concerns the said Kirke shall by this House be remanded to the Court of Kings-Bench that there he may be proceeded against according to Law A Message was sent up from the Commons by Mr. Hollis Letters to be opened this Week who said he was Commanded to let their Lordships know That the Commons have taken Notice of the Secret Counsels of Jesuits and other ill-affected persons in the Kingdom which are fomented by our Enemies abroad to disturb the Peace of this Kingdom and Scotland the desire of the House of Commons was That all suspected persons be stopped at the Ports and if Cause Examined and that the Letters of this Week which come from France may be stayed and brought to this House to be perused as hath formerly been Upon which the Lords Ordered That the Post-Master Mr. Thomas Witherings should bring the Letters accordingly and that suspected persons should be Examined and if there were occasion for it apprehended And the L. Privy Seal Earl of Cambridg Earl of Holland Viscount Say and Seal were appointed by the House to acquaint his Majesty with what the House Resolved in this business His Majesty coming this Day to the House of Lords the Commons were sent for to attend him by the Gentleman Usher of the Black Rod in order to his giving the Royal Assent to the Bill for Tonnage and Poundage when the Speaker of the Commons House addressed himself to his Majesty with this following Speech THat policy most Gracious and Dread Soveraign Mr. Speaker's Speech to his Majesty at the passing the Bill for Tonnage and Poundage June 22. 1641. which weighs the Prerogative of the King and Property of the Subject in the same Scales and increases the plenty of the Crown and contentment of the People the even poising of this Beam enables both the one being ordained for the preservation of the other This Principle is so riveted into the Hearts of your Subjects by the Acts of their Ancestors and Traditions of their Fore-fathers that it hath Created a belief in them that their Wills are bound to a due Allegiance and their Fortunes and Estates as well as their Duty and Subjection must bend to the Commands of that Soveraign power with which God hath invested your Sacred Majesty Compulsary obedience advanced by the transcendent power of Prerogative is too weak to support the right of Government It is the Affections and Estates of your People tyed with the Threads of Obedience by the Rules of Law that fastens safety and prosperity to the Crown The experiment of elder times in the Reigns of the most Valiant puissant Princes hath concluded this the Soveraign Preservative against the Diseases of distraction and confusion and makes it manifest to the World that the Honour and Glory of this Throne is to command the Hearts of Free-men This admitted the permission of the least diminution or any Eclipsed interposition between the Honor and Plenty of the Crown contracts a Scorn upon the Nation Several Parliaments in former times have stampt the Character of a free gift upon the Fore-front of this Aid still offered by the People as a Sacrifice of Thanks-giving to the Crown for the safe conduct of your Merchants and provision of the Navy to strengthen your undoubted Dominion over the Seas which hath protected your Allyes and is a Terrour to your Enemies Our hopes were long since to have setled this for the measure and the time and with this to have presented to your Sacred Majesty the triumphant Palm of Tranquility in all your Kingdoms But as a Ship Floating upon a Rough Sea we have been cast upon the Rock of Fear and Dangers and tossed on the Billows of distraction and distrust of Church and Common wealth where we yet remain hopeless ever to pass through that narrow Channel which leads to the Haven of Peace unless we be speedily Steered on by the hand of your Sacred Wisdom Care and Providence In the midst of all these troubles and the several Opinions which have been amongst us no division had power to distract any one of us from the care and Duty we owne to your Sacred Person And to that end am I now sent by the Commons of England to present this as a Mark only whereby your Sacred Majesty may view the inward duties of our Hearts until time and opportunity will give Leave for a further expression of our Duties and Affections The acceptation of this Gift will glad the Hearts of your People and the approbation by the Royal Assent of this Bill being the largest for the measure which was ever given will joyn Wings to our desires and hopes which shall never return without that Olive-Leaf which may declare that the Waters are abated and your Sacred Majesty way have full assurance of the Faith and Loyalty of your Subjects To which his Majesty was pleased to return this Gracious Answer My Lords and Gentlemen I Do very willingly accept Your Offer made at this time as a Testimony of your Love The King's Speech at the Passing the Bill for Tonnage Poundage June 22. 1641. and of that Dutiful Affection You owe Me and I no way doubt but that You will perform that which You have intimated unto Me in perfecting the other Bill when you have Liezure Likewise in passing this Bill you cannot but see a great Testimony of the Trust and Considence I have in Your Affections as since this Parliament begun I have omitted no Occasion whereby I may shew such
bind us to it Wherefore Master Whitlock my humble Motion is That we may draw up a short and round Manifesto to wait upon and affirm the Kings Declaration to be still managed by Advice of Parliament which will be safe for our selves more powerful and effectual for the Prince Elector I cannot tell what the present Age thought of it and account it one of the greatest blessings of Heaven that I was not then capable of thinking but certainly Posterity will see by this Speech a most notorious and manifest Collusion in these People who notwithstanding all the glorious pretences and zeal for this deplorable Family in which the Honour and Interest of the King and Nation were by their own Confession so deeply concerned yet never intended any more assistance to this distressed Protestant Prince then a few good and great words which was a cheap way and still reserving to themselves a starting hole to assist the King in this Affair only so long as he would follow their advice Mr. Hide Reports the Results upon the Bill for abolishing Episcopacy whereupon it was Resolved Votes concerning the Bill for abolishing Episcopacy c. That all the Lands Possessions and Rights of the Deans Deans and Chapters shall be committed to the hands of Feoffees to be nominated by this Bill Resolved c. That the Lands and Possessions of the Arch-Bishops and Bishops of England and Wales except Impropriations and Advousons shall by this Bill be given to the King Resolved c. That the Impropriations and Advousons belonging to the Arch-Bishops and Bishops of England and Wales shall be committed to the hands of Feoffees in the same manner as the Lands of Deans and Chapters are appointed to be And because the Prelates and Papists were to be coupled together in the Opinions of these People both in Guilt and Sufferings it was by Vote Reselved Vote against Papists c. That the Committe of 48 propound to the Select Committee of the Lords that no Papist hereafter may have the keeping of any Castle Fort Chase Forrest Park or Walk within England or Wales and that such as are in possession of such Castles c. As aforesaid may be outed thereof according to Law Post Meridiem It was Ordered by the Commons Order about Mr. Randal a Minister formerly ordered to Bedlam That one Mr. Randal a Ministerâ— now in the Goal at Ailesbury in the County of Bucks for words spoken against the Honour of this House who was by a former Order appointed to be removed from thence to Bedlam it is now Ordered that the said Mr. Randal shall be discharged and set at liberty presently upon the sight hereof The further Debate upon Mr. Saturday July 10. Further Votes about the Bill for abolishing Episcopacy Hide 's Report about the Bill for abolishing Episcopacy was this day reassumed whereupon it was Resolved c. That a competent Maintenance shall be allowed out of the Lands and Possessions of the Cathedral Churches for the support of a fit number of Preaching Ministers for the Service of every such Church and a proportionable allowance for the Reparation of the said Churches Resolved c. That such Ecclesiastical Power as shall be Exercised for the Government of the Church shall be transferred by this Act unto the hands of Commissioners to be named by this Act. The further consideration of this matter to be referred till Monday 9 of the Clock Bill for Tonnage and Poundage being passed Mr. Solicitor was ordered to carry it up to the Lords and to move their Lordships that the Royal Assent may be had with as much speed as may be and to move the Lords to expedite the Bill against Pluralities and for disarming Recusants This day Thomas Pain the Attorney Breach of Priviledge giving the Lye to a Peer that gave the ill Language to the Earl of Thannet who charged the said Pain with some Words which were reported to be spoken by him he told the said Earl That it was False and a Lye divers times together which being proved upon Oath it was Ordered That the said Pain be committed to the Custody of the Gentleman-Vsher for the present and this House will take the misdemeanor into further consideration Report of the Conference about the Ten Heads The Earl of Bristol reported the effect of the last meeting with the Select Committee of both Houses concerning the 10 Heads and delivered some Queries and Propositions which the House of Commons made viz. Whether the Colledge of Capuchins at Somerset-House should be sent away out of this Kingdom for they are conceived to be busie Men in giving Intelligence to Forreign States and the House of Commons are induced to believe so because they understand That the Letters of the Capuchins which were Imported and Exported in one Week came to 3 l. 10 s. the Carriage Next they conceive That there are some things contained in the Articles of Treaty of Marriage with France which are contrary to Law Concerning the Education of the Prince they said they would consult further of it Concerning Licenses granted to Recusants They desire His Majesty may be moved that none may be granted hereafter Concerning the removing of the Popish Recusant Ladies from the Court they say they mentioned no particulars but spoke in the General Concerning Pensions They desire that the King may be moved That no Papist beyond the Seas may have any Pension Touching that which concerns the Queen they conceive they have had no full answer yet Concerning their Explanation who are Active Papists they mean those Recusants that are Rich and have most Power in the Countries where they Live as well Peers as others which they desire may be disarmed according to Law Concerning the Popes Nuncio they say the House of Commons are preparing a Bill Concerning the Lord Lieutenants and Deputy Lieutenants considering the State of this Kingdom as it now stands the House of Commons desires they may be such Persons as both Houses approve of and that they may be enabled the more for the defence of this Kingdom there will be a Course taken for Supplying them with Monies out of the Subsidies and the House of Commons desires that the King may be moved to let them have such Powder out of His Majesties Stores as may be spared and they will pay after the Rate of ten Pence per Pound for it as soon as they can get money and further to move His Majesty that the Arms which have been taken from the several Counties may be restored to them and if His Majesty can spare any Arms out of His Store they will buy them to furnish these Southern parts The new Bill for Tonnage and Poundage being read the Third time in the Lords House and being put to the Question Another Bill for Tonnage and Poundag passed the Lords House An Order of the Lords for Relief of a Feme-Covert and her Children against a Husband refusing to
a Conference by the Earl of Bath to the Commons THese are to signifie to this House That whereas He sent an Answer this day to both Houses concerning the Third Head lest there should be any mistake upon the word Slander His Majesty declares he did not mean all of either House of Parliament or any Members thereof Upon the Reading of the Petition of the Arch-Bishop of Canterbury concerning his payment of Poll-mony It was Ordered Order of the Lords about the Arch-Bishops paying Poll-Money To be left to be paid according to the Act of Parliament The House for freer Debate was put into a Committee to consider of the Court of York and to give judgment herein and after much Debate the House was reassumed and it was Resolved upon the Question by the Major Part Resolves of the Lords concerning the Court at York That the Commission and Instructions whereby the President and Council of the North exercise a Jurisdiction is Illegal both in the Creation and Execution Resolved c. That this Commission and Instructions is unprofitable to His Majesty Resolved upon the Question Nemine Contradicente That this Commission and Instructions is inconvenient and grievous to His Majesties Subjects of those Parts Resolved upon the Question Nemine Contradicente That this House doth joyn with the House of Commons in beseeching His Majesty that the Present Commission and Instructions may be revoked and no such granted for the Future MEmorandum A Salvo for the Judges of the Court of York This House doth declare seeing the Commission and Instructions of the Court of York is Illegal in the Creation and Execution that the former Judges in the Court of York who have given Judgement and proceeded as they thought in their Consciences upon True and Legal Grounds shall not be liable to be Questioned but in case of Injustice and that none in that Case shall be barred of their Appeal And if it appear that there is a Necessity for the Ease of that Country to have a Court this House will advise with the House of Commons how one may be Established by Law for the Ease of those Parts And the Earl of Essex Earl of Bristol Viscount Say and Seal Bishop of Lincoln Lord Wharton Lord Kimbolton were appointed to prepare Heads for a Conference with the Commons concerning the aforesaid Particulars that so the Persons that were Judges and the Acts of that Court may have a Saving for them If humane Bodies and Minds are subject to the secret Influences of the Heavenly Bodies certainly England and the rest of the Brittish Dominions were at this time under the Aspects of some Violent and Malignant Configurations and there seemed to be an Universal Inclination in the People every where to Tumults Mutinies Violence and Injustice the Lords House was full of Complaints of the Disorders of this Nature throwing up Inclosures and disturbing the Possessions of others and that not singly but by Multitudes and with such Arms as Rusticks are wont to make Use of upon such Occasions of their Madness And of this the Lords were so sensible that they made this following Order WHereas daily Complaints are made unto this House of violent breaking into Possessions Order of the Lords concerning Violent and Tumultuous breaking into Possessions July 13. 1641. and Inclosures in Riotous and Tumultuous manner in several parts of this Kingdom without any due proceedings by Course of Law to warrant the same which hath been observed to have been more frequently done since this Parliament began then formerly it is thought fit and so Ordered by the Lords in Parliament That no Inclosure or Possession shall be Violently and in a Tumultuous manner disturbed or taken away from any man which was in Possession the first Day of this Parliament or before but by due Course and Form of Law and that such Possessions of all men shall continue and remain unto them as they were on the first Day of this Meeting of Parliament unless it have been or shall be by some Legal way of proceeding in some of His Majesties Courts of Law or Equity or by some Act or Order of the Parliament determined or ordered to the Contrary And in all such Cases where any such unlawful disturbance of the quiet Possession of any man hath happened or shall happen the High Sheriff of the County shall have Power by virtue of this Order together with two of the Justices of the Peace of the said County next or near to the place and such other or others as he or they shall think fit to take with him or them to repair unto the place where such Tumults happen to be and appease and quiet the Possession of the said Lands and Inclosures so disturbed as aforesaid and shall see to and cause that the Possession be continued unto the present Owners as aforesaid until by a Legal Course in some Court of Law or Equity or by order of Parliament it be determined or Ordered to the contrary The Lord Bishop of Lincoln Reported Report about the Officers of the Star-Chamber That the Lords Committees appointed to Consider of the Petition of the Officers of the Star-Chamber have fully heard their Cause and they are of Opinion and do not conceive of any fitter way of Relief for these Poor Officers the King's Servants then to remit them to the King's Mercy that His Majesty would be Graciously pleased to allow a Proportionable Relief for these Poor men out of such Fines as may accrue unto His Majesty in the High Court of Parliament to be apportioned by the Lords of the Committees or otherwise as their Lordships shall be pleased to approve thereof and Order it Upon Report this Day made unto the House by the Right Honourable the Lord Seymour that the difference between the Parishioners of St. Report about the Rioters at St. Thomas the Apostle's in pulling down the Rails Thomas the Apostle complained of to the Lords in Parliament was composed by his Lordship to whom the business was referred It is Ordered by the Lords Spiritual and Temporal in the High Court of Parliament Assembled that the said difference together with the Cause depending before their Lordships shall by virtue of this Order be fully ended and determined and Lastly that John Blackwell shall for himself others Petitioned against forthwith pay unto the Overseers of the Poor of that Parish upon sight hereof to the use of the said Poor the full Summ of ten Pounds of Lawful Money of England and hereof they are not to fail as they will answer to the contrary There being a Report spread abroad that His Majesty intended to send the Lord Digby abroad under some honourable Character Tuesday July 13. and as was said Ambassadour into France his Enemies in the House of Commons being extreamly nettled at it were resolved if possible to set a brand of Infamy upon his Lordship and therefore not content to have disgracefully Expelled him
Mr. D'avenant was before Col. Goring went to Portsmouth Whensoever Sir John Suckling spake with him concerning any particular Intimations to the Army though Mr. D'avenant was then present he whispered yet he spake some Generals openly That the French would assist That the Clergy would maintain 1000 Horse That part of the Commons House was much distasted with the Letter that came from the Army The only Proposition was to know their Inclinations for their accepting Col. Goring for their Lieutenant General Mr. Wilmot Mr. Ashburnham and Mr. Pollard told him That the House of Commons had real Intentions towards the Army and that they should have Martial Law if it would stand with the Conveniency of the Common-wealth and this they spake with much Earnestness Sergeant Major Willis told him upon the Way That the Clergy would furnish a Thousand Horse Saturday August 14. A Letter was Ordered to be sent to the Lord General about the Affairs of the Army which was as followeth May it Please your Excellency Letter to L. General from the Lords about the Scots marching by Barwick THe Treaty of Pacification between the Two Kingdoms of England and Scotland being come to a Happy and Peaceable Conclusion and a Day prefixed for the Scottish Army to March over the Tweed for the more Expedition thereof the Scottish Commissioners have made their Request to the Parliament that they might be permitted to pass with their Army Munition and Artillery over Barwick Bridge To which desire both Houses of Parliament have consented to be in such sort as shall be agreed and settled there by the General and Governor of Barwick Wherefore the Lords have commanded me to recommend the Manner and Way thereof to your Excellency's Care and Judgment not doubting but your Excellency will give such Directions to the Governor of Barwick both for the number of Soldiers that shall March in a Company together as also how to preserve his Majesties Ordinance and Munitions there and secure the safety of the said Town And so I humbly remain Your Excellency's Servant to Command John Banks Speaker of the Lords House A Complaint having Yesterday been made by the House of Commons that the Capuchin Friers in Denmark House Capuchin Friers at Denmark House to keep in were very active in Preverting the Kings Subjects from the True Religion the Earl of Dorset was Ordered to attend the Queen and move her Majesty from this House in it and humbly to desire her Majesty That the said Friers may be kept in and not suffered to go abroad to pervert the People and draw them to be reconciled to the Church of Rome And further That the Earl of Dorset do send for the Chief of the Capauhins and give him warning that he obey this Command Upon reading the Petitions of the Lord Major of London Order about L. Major and Citizens for a Reference and the six Persons chosen by the Commonalty of the said City It is Ordered That both sides shall give Copies to each other of their Petitions and attend the Lords Committees appointed to compose the Differences between them on Munday next in the Afternoon at Two of the Clock in the Painted Chamber A Message was brought from the House of Commons by Mr. Message that a convenient number of Lords may stay in Town Hotham to desire That a convenient number of Lords may be kept together in this House until the Armies be disbanded and the necessary Defence of the Kingdom settled The Answer hereunto was That their Lordships will take Care as is desired WHereas this House hath been Informed That Thomas Bushell Esq Undertaker of His Majesties Mines Royal in the County of Cardigan by his great Charge and Industry in cutting Additts hath gained His Majesties old drowned and forsaken Works of Talabant The Order of the House of Lords about Mines Royal in Wales Aug. 14. 1641. and other Works and made new Discoveries of Royal Mines there which are already very Considerable And whereas divers Persons of Quality encouraged by His Majesties Letters to them directed do intend to adventure great Summs of Money in the said Work which in time if well incouraged may prove of great consequence both for Honor and Profit to His Majesty and this Kingdom And whereas also it appeareth unto this House by divers Affidavits and Certificates of Credit that some Persons ill affected to these Honourable and Publick Services who in time may receive deserved Punishment have disturbed the possession of the said Thomas Bushell in some of His Majesties Mines Royal and Edifices appertaining to the Royal Work and have plucked up divers Pumps cast in the Rubbish and drowned and so much as in them did lie destroyed the said Works so as it hath been a labour of 4 Years Night and Day to recover the same and that the said Thomas Bushell hath been disturbed in the getting of Turf and Peate for the Service of His Majesties Works being an invention of his own very commendable and commodious for the preserving of Wood which hath been heretofore by the former Undertakers much wasted in those Parts Now for the Remedy of such mischiefs and that the said Thomas Bushell and his Assigns and such Persons as are or shall be Undertakers and Adventurers with him in the said Service may receive a due encouragement and assistance in these chargeable Undertakings It is Ordered by the Lords in the upper House of Parliament now Assembled That the Speaker of this House in the Name and by the Authority of the same shall direct his Letters unto the Judges of Assizes and Justices of the Peace of the said County of Cardigan requiring them that they do in all Lawful things endeavour to advance and encourage the said Service in His Majesties Royal Mines and assist the said Thomas Bushell and other Undertakers in all things so far as Lawfully they may for the continuance of his Lawful Possession and the quiet and peaceable Working of the said Mines until he shall be ejected by due Course of Law as also for getting and working of Turf or Peate according to his Legal Right upon His Majesties Wasts and other places Lawful and all other Lawful accommodations of necessary passages and other Legal things which may any ways advance His Majesties Service in the said Royal Mines Commissioners to attend the King in Scotland It was this day Ordered by the Commons That two Members only of this House shall go Commissioners into Scotland with the Earl of Bedford and Mr. Hambden and Sir Philip Stapleton to be the Persons A Committee was also appointed to draw Instructions for them Petition against the Minister of St. Ann's Aldersgate A Petition was read against the Minister of St. Anns Church near Aldersgate for speaking Words against the Parliament for so they called the House of Commons saying It would not last alwayes but they would hereafter be questioned for some things they have done
they expect that the Commons of this Realm do in the mean time quietly attend the Reformation intended without any tumultuous Disturbance of the Worship of God and Peace of the Kingdom The Declaration being read it was Resolved upon the Question That the House doth Assent to this Declaration Resolved c. That this Declaration be forthwith Printed and Published Ordered That this Declaration when it shall be Printed shall be brought to the Committee that is appointed to sit during the Recess to take Care for the dispersing them This having been carried up to the Lords for their Concurrence the three first Heads wered debate and it was Resolved 1 That where there are Railes already they are not to be removed with the Communion Table but where there are none they shall not be inforced upon any and that all Steps in the Chancels raised towards the Altar within these fifteen Years last past shall be levelled 2 That Crucifixes Scandalous Pictures of any of the Persons of the Trinity are to be abolished without Limitation of the time since their Erection and all Images of the Virgin Mary that have been set up within 20 years to be abolished 3. For the Ceremony of bowing at the Name of Jesus it shall not be enjoyned nor prohibited to any Man Ordered That the rest of the particulars shall be considered to morrow morning being September the Ninth It was Ordered Committee of Lords during the Recess That these Lords following viz. L. Keeper L. Privy Seal L. Chamberlain E. Warwick E. Clare E. Denbigh and E. Cleeveland shall have Power from this House to joyn with a Select Committee of the House of Commons to receive and open the Letters which shall in the time of the Recess come from the Committee of both Houses out of Scotland and to return Answers according to Instructions given to the Committees already and to have Power to recal the said Committees in Scotland when they shall think fit and to assist about disbanding of the Army and removing the Magazine at Berwick and Carlisle and sending down Mony to the Army if need be and that these Lords Committees are to make report of the same to this House at the next meeting And lastly To give notice to the said Committees in Scotland to direct their Letters to the L. Keeper It was also Ordered Order about the Bishops who were Impeached That the Lords the Bishops that now stand Charged in this House by Impeachment from the House of Commons concerning the making of the late Canons c. shall put in their Answers to the said Impeachment the Tenth day of November in the morning After which the House was Adjourned till the 20th of Oct. 1641. Now that the Reader may more clearly understand this matter it is to be remembred that the House of Lords in a full House having observed and complaint having been made of the Tumultuous behaviour of the Sectaries in divers places affronting the Publick and Established Liturgy and the Clergy in the Ministration of it had made this first Order of the 16th of January 1640 which the Commons had then never so much as excepted against and therefore during the Recess they Judged it convenient for the preventing the like disorders to repeat the same Order by the same Authority and therefore it was Resolved upon the Question That the Order of the 16th of January 1640 shall be Printed and Published The Lords Assenting were Lord Bishop of Lincoln Lord Mowbray Lord Wentworth Lord Cleeveland Lord Dunsmore Lord Dover Lord Denbigh Lord Portland Lord Carnarvan Lord Coventry Lord Newark But there were several Lords who disassented to the Printing and Publishing it without first having a Conference with the House of Commons which the other Lords thought not necessary in regard it was but the Reviving of a former Order the dissenting Lords therefore desired to enter their disassent which they did in this manner WE whose Names are underwritten having before the putting of the Question demanded our right of Protestation The Protestation of the Lords who were against Printing the Order of 16 January 1641. It seems the Commons did not think the Consent of the Lords necessary to their Declaration do accordingly make our Protestation That we held it fit to have the consent of the House of Commons in those things which so nearly concern the Quiet and Government of the Church and therefore we desired to have a Conference with the House of Commons before any conclusive Order were Printed or Published herein especially the House of Commons having lately brought to us and desired the consent of our House unto certain Votes of theirs against certain Innovations in or about the Worship of God lately practised in this Kingdom without Warrant of Law Therefore to quit our selves of the Dangers and Inconveniences that might arise by the Printing and Publishing of the said Order of the 16th of January as binding to the whole Kingdom without desiring the House of Commons their consent we did protest our disassent to this Vote and do thus Enter it as aforesaid Lord Bedford Lord Warwick Lord Kimbolton Lord Newport Lord Wharton Lord Clare Happy it was for the Bishops that only the Bishop of Lincoln of all the Bishops was then present at the House and Assenting to this Vote otherwise the whole Nation had Rung of it that they were the only Obstructors of the intended Reformation and would have furnished their Enemies with one Argument more for the Extirpation of the Hierarchy Root and Branch This Specimen one would have thought might have opened the Eyes of these Lords and the whole Nation to see what this Faction of the House of Commons aimed at which was after all their pretensions to the contrary to divest the King of all his Supremacy and the Lords of their Jurisdiction to make their Votes equivalent to and as obliging as the Laws which were confirmed and made so by the Impress of the Royal Assent But here certain things were imposed by the Commons without ever concerning themselves about the King's Assent and against the Assent of the Lords House for the Allegation of the small number of the Lords at this Vote was to no purpose since they were the Majority of the Lords that were present and at that time when this Declaration passed the Commons as appears by the Division of the House upon Colonel Ashburnham's Vote the House of Commons was far thinner in proportion then the Lords insomuch that for fear the House should fall for want of Fourty Members there was an Order That sixty should appear upon the day of Adjournment for the Recess This was also designed as a further way of Discrimination of their Friends and Enemies for whoever of the Clergy especially should not think themselves obliged to observe these Orders which no Man could that knew they were not the Laws of the Land was sure to be certified if not by the Church-Warden and Officers yet
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
the 5th day of October having regard therein to the day of the Week whereon that day did fall which was the Saturday being the Market day on which day there would be less Notice taken of people up and down the Streets Then began a question who should be deputed for the Surprisal of the Castle and then Mr. Moore said he would be one of them himself and that Colonel Bourne should be another and what other Gentlemen of Lemster they could procure to joyn with them and seeing the Castle had two Gates the one the great the other the little Gate going down to my Lord Lieutenant's Stables hard by which Stables without the Castle was the Store-House for Arms they of Lemster would undertake one Gate and that should be the little Gate and the great Gate should be undertaken by those of Vlster and said he of necessity one of you both meaning Sir Phelim and me must be there for the meer countenance of the matter it being the glory of all our proceedings and all that his Speech was well liked of all present But Sir Phelim would be exempted from that employment and so would I but then all of them set on me desiring me to be one alledging for Reason that their Proceedings and Resolutions were very honourable and glorious it being for Religion and for to procure more liberty for their Country as did say they of late Scotland and that in taking the Castle consisted all the glory and honour of the said Act all which should be attributed to them which should be imployed therein and so by consequence all or most part to be there being as they said the chief in that Enterprize and more Sir Phelim said that he would endeavour to take or procure others to take Londonderry the same day and if he should be away that place would not be taken with these and many other perswasions they obtained my consent and then the Captain offered himself they began to think what number should be imployed in that Act and they concluded on Two Hundred Men one Hundred from each Province for those Gates which they seize on of which number Sir Phelim O Neale should send forty with an able sufficient Gentleman to conduct them And likewise Captain Neale twenty Mr. Mac Mohone Mr. Reyly ten more and I should bring twenty two then began a doubt how they should raise those Men and convey them to Dublin without suspicion and it was answered that under pretence of carrying them to those Colonels that were conveying Soldiers into the Kingdom it might safely be done and to that purpose Sir Phelim O Neale Mr. Moore and the Captain had several blank Patents with Deputations to make Captains to those Colonels which they sent to those that should send men to Dublin for the more colour they bethought of what was to be done in the Country that day and it was resolved that every one privy to that matter in every part of the Kingdom should rise up that day and seize on all the Forts and Arms in the several Counties to make all the Gentry Prisoners the more to assure themselves against any averse fortune and not to kill any but where of necessity they must be forced thereunto by opposition and that those that were appointed for taking of the Castle should observe and in particular the Gentry All their Army in Vlster to take that day Londonderry which Sir Phelim did undertake and Knockfergus which they thought Sir Henry Mac O Neale would do and to that end Sir Phelim's Brother Torilagh O Neale should be sent to them and the Newry which should be undertaken by Sir Conne Magennis and his Brothers for whom Sir Phelim in regard they were his Brothers-in-law his deceased Lady being their Sister did undertake Moreover it was agreed that Sir Phelim Mr. Reyly Mr. Coll mac Mahone and my Brother should with all the speed they could after that day raise all the Forces they could and follow us to Dublin but to Arm the Men and Succour and Attend and Garrison the Town and Castle And likewise Mr. Moor should appoint Lemster Gentlemen to send like supply of Men then there was fear of the Scots conceived that they should presently oppose themselves and that would make the matter more difficult and to avoid which danger it was resolved on not to meddle with them or any thing belonging to them and to demean themselves towards them as if they were of themselves which they thought would pacifie them from any opposition and if the Scots would not accept of that offer of amity but would oppose them they were in good hope to cause a stir in Scotland that might divert them from them and I believe the ground for that hope was That two years before in or about the beginning of the Scots Troubles my Lord of Tyrone sent one Torilagh O Neal a Priest out of Spain and that this I take it was the time that he was in Treaty with Cardinal Richelieu to my Lord of Argile to Treat with him for help from my Lord for him to come into Ireland as was said for Marriage between the said Earl and my Lord of Argile's Daughter or Sister I know not which and this Messenger was in Ireland with whom Mr. Torilagh O Neale Sir Phelim's Brother had conference from whom this Relation was had that said Messenger went into Scotland as I did hear from the said Mr. Neale or from Ever mac Mahone aforenamed I know not from which of them but what he did there I could never hear by reason that my Lord of Tyrone was presently after killed they were the more confirmed therein hearing that my Lord of Argile did say near to the same time as I guess and when the Army was raised in Ireland as I think to a great Lady in Scotland I know not her name but did hear that she was much imbarqued in the Troubles of that Kingdom there she questioning how they could subsist against the two Kingdoms of England and Ireland that if the King did endeavour to stir Ireland against them he would kindle such a Fire in Ireland as would hardly or never be quenched And moreover they knew my Lord to be Powerful with the Highlanders Redshanks in Scotland whom they thought would be prone and ready to such Actions they for the most part descended out of Ireland holding the Irish Language and Manners still and so we parted The next day being Wednesday Leghrosse every man went about his own task and so when I came home I acquainted my Brother with all that was done and what they had appointed him to do and did like according as they had appointed me send to Mr. Reyly to let him know as much and the 18th of the same Month I began my Journy to Dublin and when I came to Dublin being the day before the appointed day for putting that Resolution in Execution there I met with Captain Conne O Neal sent out
Parliament was not only thought unnecessary but themselves involved in a general distrust That neither the Parliaments nor the Marquess of Ormond 's offer to suppress the Rebellion would be accepted That the inforced complying of the Nobility and Gentry of the Pale with a powerful Army which was Master of their Lives and Fortunes was imputed to them as a malicious aversion from the English Government That the blood of Innocent Husband-men was drawn and the heads of Men were grown an acceptable Spectacle in Dublin That the Publick Faith was broken and Mens Houses particularly inabled to claim benefit by it pillaged and burnt That all ways were obstructed by which they might implore His Majesties Mercy and represent their Conditions That the Favourable Intentions of the Parliament of England and His Majesties Gracious Pardon which was meant should extend to all save such as were guilty of blood was so limited by them as no estated man could receive benefit by it That those who notwithstanding these Restrictions cast themselves freely upon His Majesties mercy were Imprisoned Indicted and some of them Rack't That the Earl of Castlehaven might have found it a Capital Crime to mediate in their behalf if he had not made his Escape after Twenty Weeks Imprisonment That the King 's Sworn Servant was Rack't and his Ministers whose Duty it was to have been Zealous for the honour of their Master endeavoured to asperse it and render him and his Royal Consort odious to his People by striving to Extort from a tortur'd man some Testimony by which they might be accused of raising and Fomenting that Rebellion When these and many other Arguments of this kind which for fear of prolixity are omitted had convinced the Catholiques of Ireland that the Lords Justices and that part of the Council which adhered to them became unfaithful to His Majesty and had designed the Ruine of that Nation and the Extirpation of their Religion that Law which moves the hand by interposing it self to bear off a stroak aimed at the Head Convened an Assembly of these who were exposed to those so eminent dangers in which they modelled a Government in order to their Natural defence obliging themselves by such an Oath to His Majesty his Heirs and Successors as well shewed their affection to the Crown and their unalterable resolutions to maintain His Majesties Rights and to follow his Fortune Between these divided Governments there have been Battels fought Cities and Forts besieged and much Christian Blood spilt which will one day lye at some Mens doors And who those are the Eternal Wisdom best knows and the Reader is left free to determine Thus far the said Narrative Printed and Published at London in the Year 1660 And which I find in P. W's Reply to the * Earl of Orrery Person of Quality's Answer c. Pag. 7. By which it appears That the Lords Justices used some indiscreet as well as unjust Severities which did not a little contribute to the inflaming of the Rebellion but still it was a Rebellion which is a Crime so black and horrid in the sight of God and all good Men that no excuses can Palliate or Extenuate nor any Circumstances of Hardships or Oppressions Injustice or Wrongs can justifie since it is utterly inconsistent with not only all the Rules of Civil Polity but the Divine Rules of Christianity which teaches us not to resist the Powers which are ordained of God under a penalty of Damnation which is a danger and a loss of so vast Extent as that the loss of Liberty Goods and even Life it self which are the utmost we can suffer from unjust Men are but trifles if compared with it and the Method is Extravagant to the very last Degrees of Folly and Madness which applies a Medicine Ten Thousand times worse then the Disease and is such a piece of discretion as for a Man to leap into the Sea to avoid a shower which would wet him to the skin Without all Controversie the Progress and Growth of this Horrid Rebellion as before was observed must be attributed in a great Measure to the Misfortune Untimely Death of that Great Man and Wise Governor the Earl of Strafford For upon his quitting of Ireland the Nation which before seemed to do and really injoyed a most Serene and Quiet Calâ— of Peace began to be over-cast and clouded with Discontents Grievances Fears and Jealousies which notwithstanding all the Power of the Beams of his Majesties Grace and Favour which were so warmly bestowed upon them were so far from being thereby dissipated that they still Encreased until at length those black and sullen clouds discharged themselves in the most dismal Tempest of Fire and Blood that any Age or almost any Nation under Heaven hath beheld And this will most Evidently appear by the Consequences which immediately followed upon the Earl of Strafford's parting with the Rains of that Government Christopher Wendesford Esq Mr. of the Rolls in Ireland made Lord Deputy there April 3. for upon his coming for England Christopher Wendesford Esq Master of the Rolls was the 3d. of April 1640. sworn Lord Deputy He was a Person of great Abilities and one with whom the Earl of Strafford had even from their Early Years contracted an Intimacy and Friendship which Ended not but with their Lives and so great was his Fidelity to this Noble Earl that perceiving the Parliament of Ireland who not long before had sung such Hosanna's to the Earl of Strafford in the Peamble to the Bill of Subsidies now running as fast down the Hill in joyning with his Enemies in England to procure his Ruin and Destruction he Adjourned the Parliament in November following to the 26th of January hoping by that means to prevent the Blow which he saw they were levelling at that Wise and Illustrious Head but notwithstanding all that he could do the Earl's Enemies made a shift before they broke up to frame a Remonstrance against the Earl and though he used his utmost Endeavours to stop the Committee of the Parliament from carrying into Englund yet was he not able to prevent it nor their passage but that all the Ports being open four Lords and 12 Commoners the greatest part of which were Papists passed over into England and Exhibited their Remonstrance and did the Earl all the Ill Offices they were able for which they were then Highly Countenanced and Caressed by the Faction in the English Parliament who together with the Scottish Rebels then at London to finish the Treaty between the Two Kingdoms pursued the Life of that Great Man with the Utmost Vigor and Animosity that Malice and Power would suggest unto them The Names of the Irish Committees were The Nomes of the Irish Committee The Lord Viscount Gormanston Lord Kilmalloc Lord Castiloe L. Baltinglass Of the Commons For Lemster Nich. Plunkett _____ Digby Richard Fitz-Garret Esquire Munster Sir Hardress Waller Sir Donnogh Mac-Carti John Welsh Esquire Conaght Robert Linch Geffry
Brown Thomas Bourk Esquires Vlster Sir William Cole Sir James Montgomery The Remonstrance was as followeth addressed first to the L. Deputy Wendesford The humble and just Remonstrance of the Knights Citizens and Burgesses in Parliament Assembled Shewing THat in all Ages since the happy subjection of this Kingdom to the Imperial Crown of England The Irish Remonstrance it was and is a principal study and Princely Care of his Majesty and his most noble Progenitors Kings and Queens of England and Ireland to the vast Expence of Treasure and Blood That their Loyal and Dutiful People of this Land of Ireland being now for the most part derived from Brittish Ancestors should be governed according to the Municipal and Fundamental Laws of England That the Statute of Magna Charta or the Great Charter of the Liberties of England and other laudable Laws and Statutes were in several Parliaments here Enacted and Declared that by the means thereof and the most Prudent and Benign Government of his Majesty and his Royal Progenitors this Kingdom was until of late in its growth a flourishing Estate whereby the said People were heretofore enabled to answer their humble and natural Desires to comply with his Majesties Princely and Royal Occasions by their free gift of 150 Thousand pounds sterling And likewise by another free gift of 120 Thousand pounds more during the Government of the Lord Viscount Faulkland and after by the gift of 40 Thousand pounds and their free and cheerful gift of Six intire Subsidies in the Tenth Year of his Majesties Reign which to comply with his Majesties then Occasions signified to the then House of Commons they did allow should amount in the Collections unto a Hundred and fifty Thousand pounds although as they confidently believe if the Subsidies had been levied in a moderate Parliamentary way they would not have mounted to much more than half the Sum aforesaid besides the Four intire Subsidies granted in this present Parliament So it is may it please your Lordship by the occasion of infuing and other Grievances and Innovations though to his Majesty no considerable Profit this Kingdom is reduced to that Extream and Universal Poverty that the same is less able to pay Two Subsidies than it was heretofore to satisfie all the before-recited great Payments and his Majesties most Faithful People of the Land do conceive great Fears That the said Grievances and Consequences thereof may be hereafter drawn into Presidents to be perpetuated upon their Posterity which in their great hopes and strong belief they are perswaded is contrary to his Royal and Princely Intention towards his said People of which Grievances are as followeth 1. First The general apparent decay of Trades occasioned by the new and illegal raising of the Book of Rates and Impositions upon Native and other Commodities Exported and Imported by reason whereof and of extream Usage and Censures Merchants are beggered both and dis-inabled and discouraged to Trade and some of the Honorable Persons who gain thereby often Judges and Parties And that in the conclusion his Majesties Profit thereby is not considerably advanced 2. The Arbitrary decision of all Civil Causes and Controversies by paper Petitions before the Lord Lieutenant and Lord Deputy and infinite other Judicatories upon references from them derived in the nature of all Actions determinable at the Common Law not limited into certain time cause season or thing whatsoever And the consequences of such exceeding by immoderate and unlawful Fees by Secretaries Clarks Pursivants Serjeants at Arms and otherwise by which kind of proceedings his Majesty looseth a considerable part of his Revenue upon original Writs and otherwise and the Subject looseth the benefit of his Writ of Error Bill of Reversal Vouchees and other Legal and just advantages and the ordinary course and Courts of Justice declined 3. The proceedings in Civil Causes at Council Board contrary to the Law and Great Charter not limited to any certain time or season 4. That the Subject is in all the material parts thereof denyed the benefit of the Princely graces and more especially of the Statute of Limitations of 21 Jac. Granted by his Majesty in the Fourth year of his Reign upon great advice of Council of England and Ireland and for great consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdom in open Assizes whereby all persons do take notice That contrary to his Majesties Pious Intentions his Subjects of this Land have not enjoyed the benefit of his Majesties Princely Promise thereby made 5. The Extrajudicial avoiding of Letters Patents of Estates of a very great part of his Majesties Subjects under the Great Seal the Publique Faith of the Kingdom by private Opinions delivered at the Council-Board without Legal Evictions of their Estates contrary to the Law and without president or example of any former Age. 6. The Proclamation for the sole Emption and uttering of Tobacco which is bought at very low rates and uttered at high and excessive rates by means whereof Thousands of Families within this Kingdome and of his Majesties Subjects in several Islands and other parts of the West-Indies as your Petitioners are informed are destroyed and the most part of the Coyn of this Kingdom is ingrossed into particular hands Insomuch as the Petitioners do conceive that the Profit arising and engrossed thereby doth surmount his Majesty's Revenue certain or casual within this Kingdom and yet his Majesty receiveth but very little Profit by the same 7. The universal and unlawful increasing of Monopolies to the advantage of a few to the disprofit of his Majesty and Impoverishment of his People 8. The extream and cruel usage of certain late Commissioners and other Stewards the British Farmers and Inhabitants of the City and County of London-Derry by means whereof the worthy Plantation of that Country is almost destroyed and the Inhabitants are reduced to great Poverty and many of them forced to forsake the Country the same being the first and most useful Plantation in the large Province of Vlster to the great weakening of the Kingdom in this time of danger the said Plantation being the principal strength of those Parts 9. The late erection of the Court of High-Commission for Causes Ecclesiastical in those necessitous times the proceedings of the said Court in many Causes without Legal Warrant and yet so supported as Prohibitions have not been obtained though legally sought for And the excessive Fees exacted by the Ministers thereof and the encroaching of the same upon the Jurisdiction of other Ecclesiastical Courts of this Kingdom 10. The exorbitant Fees and pretended Customs exacted by the Clergy against the Law some of which have been formerly represented to your Lordship 11. The Petitioners do most heartily bemoan that His Majesties service and profit are much more impaired then advanced by the Grievances aforesaid and the Subsidies granted in the last Parliament having much increased His Majesties Revenue by the buying of
and thrie Borrowis to meet the Erle of Eglingtowne at thrie Howris afternoon to take to thair Consideration be way of Estimation or Conjecture the Nombre of Bottis or Lime Faddis which in the Partis of this Kingdom lying opposite to Ireland may be had in readiness and what Nombre of men may be Transported thairin and to report again to the Parliament Vera Copia GIBSON After which was read An Information from Chester against two Irish Men. a Packet of Letters directed to the Lords in Parliament sent from the Maior of Chester wherein was an Information upon Oath taken by the Maior and Aldermen of one Thomas Cremer of Graies-Inn Gent. Dated the 30th of October last That he meeting with a Gentleman that calleth himself by the Name of Magenes Brother to the Lord Magenes at the House of Widdow Belson in Weston upon some Conference betwixt them the said Magenes told the said Cremer that he was to go for Ireland being lately come from Spain to see my Lord Mac-guire and that he was sent for thither and further said That he hoped ere long that the Irish would drive out the Scots out of Ireland and that there is a Business that you would not think of And said to the said Cremer that he had returned 8 or 900 l. out of London into Ireland to raise Forces for the King of Spain And also saith that there was one other in Company of the said Magenes which called himself by the Name of Readmond Yesternight in the Company of the said Cremer who drunk a health to the Confusion of the Protestants in Ireland and that the aforesaid Magenes further said That since the Business was discovered he would go to London along with the said Cremer if he would lend him some Mony And further Cremer saith that the said Magenes hearing of the Rebellion in Ireland said That he was very glad and joyful of the News and that he liked very well of it and that he would give any thing to be in Ireland and did shew himself to be very angry with the Master of the Ship in which he intended to go for Ireland for neglecting the Wind saying he might meet with him in Ireland where a Man might be revenged on such Fellows but afterwards the said Magenes hearing that my Lord Macguire was taken seemed to be very sorrowful and said to the said Cremer That since it is discovered he would go to London along with him if he would lend him some Money Tho. Cowper Major Will. Gamull Tho. Cremer Nich. Ivie c. Whereupon it was Ordered That the said Arthur Magenes and Readmond Comyn being now under restraint in the City of Chester shall be forthwith brought in safe Custody by the Sheriffs of the said City and appear before the Lords in Parliament to answer the aforesaid Information and then this House will give such further Order and Directions therein as shall be agreeable to Justice The Lord Seymour Reported to the House That he had according to their Lordships Command presented the Message from this House to the Queen concerning Robert Phillips and Her Majesty returned this answer viz. My Lords THe Message I received from you by my Lord Seymour The Queens Answer concerning Father Phillips I have taken into serious Consideration and do not a little wonder that Father Phillips should so much forget himself as I find he hath done by the Message sent unto me which I am so far from approving as I cannot but be sorry he hath done it I must acknowledg your Respects unto me in giving Me Satisfaction of your Proceedings therein if I did not believe what is done by him is out of Simplicity I should not speak for him You all know how near he is unto me by that place which he holds and if it shall appear unto you that he hath not maliciously done any thing against the State if for my Sake you shall pass by his present Offence I shall take it as a further Testimony of your farther Respects unto me which I shall be ready to acknowledg upon all Occasions thaâ— shall be offered Whereupon it was Ordered to have a Conference with the House of Commons to acquaint them with this Answer of the Queens This day an Ordinance of Parliament to give Power to the L. Lieutenant of Ireland to give Commissions and to raise Men for Ireland having been read yesterday Saturday Novemb. 6. and passed in the Commons House was also read and passed by the Lords as followeth viz. THe Lords and Commons in Parliament An Ordinance of Lords and Commons to enable the E. of Leicester to raise men for Ireland being very sensible of the great Danger and Combustion in Ireland by reason of the multitude of Rebels now in Arms for the destruction of His Majesties Loyal Subjects there and the withdrawing that Kingdom from the Allegiance of His Majesty and the Crown of England and forasmuch as in this time of His Majesties absence his Royal Commission cannot be so soon obtained as the necessity of that Kingdom doth require and for more speedy opposing the wicked and Trayterous attempts of the Rebels there and for that His Majesty hath especially recommended the care of the preservation of that Kingdom unto both the Houses of Parliament do hereby Ordain and Authorize Robert Earl of Leicester Lord Lieutenant of Ireland by Warrant under his Hand and Seal to give one or more Commissions to such Captains Commanders and other Officers as to his Lordship shall seem Expedient for the Levying of 3500 Foot and 600 Horse by the beating of Drum of such Persons as shall voluntarily undertake the same Service by accepting of Prest-mony which persons are to be raised in such several Parts of the Kingdom as shall be most convenient for their passage into the Parts of Ireland which his Lordship shall think most necessary to be forthwith supplied and for the furnishing of the same Men as also of other of his Majesties Subjects in that Kingdom we have Ordained that the Earl of Newport Master of His Majesties Ordnance shall deliver a number of Arms Munition and Powder answerable unto the said Lord Lieutenant of Ireland to be disposed of as he shall think fit for the best defence of that Kingdom and for the Levying of the said number of Men this Ordinance of Parliament shall be his sufficient Warrant The Ordinance to enable the Lord Newport to deliver the Arms and Ammunition was also read and passed as the other in these Words FOrasmuch as it is held most expedient and necessary for the safety of His Majesties Kingdom of Ireland The Ordinance of the Lords and Commons to enable the Master of the Orduance to deliver Arms c. to the Lieutenant of Ireland and his Loyal Subjects there that such numbers of Soldiers both Horse and Foot as are forthwith to be raised for the defence of that Kingdom should be supplied with Arms and other Munition
manifestation thereunto subscribeth this 16th day of May 1654. Robert R. Farnam his Mark. This Deposition was taken before Us Commissioners for the Revenue of the Precinct of Cork Robert Phaier Esay Thomas Tho. Woodlif Twelve Depositions in behalf of the Lord and Lady Muskery viz. 1 Sarah Vokely 2 Barbara Moore 3 Mrs. Love 4 Catharine Floyd 5 Mary Thomas 6 Sampson Moor. 7. Eliz. Wharton 8 Ann Field 9 Corporal Biddel in behalf of the said Lord and Lady with Eliz. Lasdoffers in behalf of the said Lady 10 Richard Love 11 Richard Allen and William Baker 12 Eliz. King 13 A Copy of the Certificate of the Lady Muskery's civil carriages since the Rebellion taken before the said Commissioners Dated with the above Depositions the 16th day of May 1654. The Bishop of Ferns also gave this Certificate That he saw a Gibbet upon Carigodrohitt Hill with Two Irish-men hanging on it Executed by the Lord Muskery 's Order for Robbing some English-men coming out from Kerry in the Week before Christmas 1641. Dat. March 28 1682. The Rebels grown now numerous by meeting with little or no opposition and insolent by their Successes began to think of carrying all before them and Sir Phelim O Neal had got together a great Army though but in very ill Equipage insomuch that he divided his Body and with one part marched down towards Lisnagarny near the chief Plantation of the Scots whom hitherto they had professed they would permit quietly to live among them and keep what they were possessed of and the other part advanced towards the English Pale and took in Dondalk Dondalk taken by the Rebels which they did with little difficulty there being only one Company in the Town of the Army commanded by a Lieutenant who having neither Arms nor Ammunition quickly yielded the place which he saw it impossible to defend the Inhabitants being willing to Entertain the Rebels into the Town as they had before into their Hearts and good Affections After the taking of this Town which was about the beginning of November they marched further into the County of Lowth and took in Ardee a little Town within Seven Miles of Tredah The State had present advertisement from the Lord Moor A Garrison opportunely sent to Tredah of their Motions and the Design they had upon Tredah and the ill posture it was in and therefore dispatched away Sir Henry Tichburn with a Regiment wherein several who had been Field-Officers in former Employments voluntarily served as private Captains who going from Dublin the third of November happily arrived there the next day and after them several Troops under the Command of Captain John Slaughter Lieutenant to Sir Thomas Lucas Commissary General Thomas Graham Lieutenant to Sir Adam Loftus and others by which means that important place was preserved from falling into the hands of the Rebels The Lords Justices and Council did also with all diligence apply themselves now to fortifie the City and Suburbs of Dublin Dublin fortified which the Rebels among other Insolencies threat'ned to Attaque Sir Charles Coot was made Governour of the City and had a Commission to raise a Regiment of the poor stripped and dispoiled English who had taken Sanctuary in that City as also the Lord Lambert had to raise another But the greatest difficulty was Money which either was so really scarce or so pretended by the Mayor Aldermen and Citizens that when the Lords Justices sent to borrow Money of them to victual the Castle and carry on the Fortifications The Corporation of Dublin not able to raise above 40 l. they positively affirmed to the Board all they could raise would not amount to above 40 l. and part of that in Cattle too which to Posterity will rather appear an Argument of the little Affection they had to the Government and to keep out the Rebels than of any real Want or Poverty However the Master of the Rolls by a pretty Artifice got the Castle plentifully Victualled for observing the Frights and daily Alarms in which the Protestants in the City were in he laid hold upon this occasion Dublin Castle well Victualled by a pretty Artifice of the Master of the Rolls and sending for some of the best Merchants of the Protestants he represented to them how unsafe their Goods were in the Town and advised them to bring them for security into the Castle where they should be under a strong Guard and withal engaged That if they were made use of for the Publick Service he would become engaged for so much which he would repay out of the first Money consigned from England which promise he exactly afterwards made good by Bills drawn upon the Chamber of London by this means he got 2000 Barrels of Beef 2000 Barrels of Herrings and a large proportion of Wheat into the Stores of the Castle which afterwards proved of excellent Use for the Relief not only of the Castle but of the Army which was quartered in the City a long time after To prevent Dangers which might happen by the great resort of Strangers to the City which raised great apprehensions in the honester Party of the Inhabitants a Proclamation was made commanding all Persons in His Majesties Name not dwelling in the City of Dublin within one hour after the Publication thereof immediately to depart upon pain of Death and this not seeming sufficiently effectual upon the 28th of October a second Proclamation more severe was issued out to the same purpose with the penalty of death to such as should harbour or entertain such suspitious Persons The Proclamations were as follow By the Lords Justices and Council William Parsons Jo. Borlase FOr great and weighty reasons of State A Proclamation commanding all Strangers upon pain of death to depart the City and Suburbs of Dublin 23 Octob. 1641. concerning highly the Peace and Safety of this City and Kingdom We do hereby in His Majesties Name strictly Charge and Command all manner of Persons of what Degree and Condition soever who are not dwellers in this City or Suburbs that within one hour after publishing this Proclamation they depart from the Suburbs of this City and return to their own dwellings and that upon pain of death to be presently executed upon them if any of them be found here after that time And all Housholders in the Suburbs to whom any such may come are to be equally guilty with such Contemners if they Lodge or Entertain any of the said Persons hereby required to depart Given at His Majesties Castle of Dublin 23 October 1641. R. Dillon Ad. Loftus Jo. Temple Fr. Willoughby Ja. Ware Rob. Meredith A second Proclamation for all Strangers upon pain of death to depart out of Dublin c. Octob. 28. 1641. By the Lords Justices and Council William Parsons Jo. Borlase WHereas notwithstanding the late Proclamation published in this City requiring all Stangers to depart from the same upon pain of Death divers Strangers do daily repair to the same and
Trevor of Council for the Bishops Order for Security of the Merchants at Venice and to present a List of their Names to the House It was this Day Ordered That Mr. Arthur Trever shall be Assigned to be of Council with the Lords the Bishops that are Impeached It was moved That least the Merchants at Venice may suffer for the opening of the Venetian Ambassador's Letters here that a Committee might be appointed to consider of some Dispatch to be sent to the King's Agent at Venice to let him know what Satisfaction hath been given by the House of Lords to the Ambassador here that so he may be the better enabled and Instructed how to apply himself to the State there to give them Satisfaction And the same Lords that went to the Ambassador were appointed to do it Then the Lord Privy Seal reported the last Conference That the Commons had given in a List of the Prime Papists Nobility Knights and Gentlemen in the Counties of Warwick Southampton Dorset Worcester Bucks Lancaster Pembroke and Stafford which they desired might be secured for the Safety of the Kingdom in this time of Danger Then was read an Ordinance which the Commons desired the Lords to joyn with them in which was as followeth THe Lords and Commons Assembled in Parliament having received Informations of dangerous Designs and Practises An Ordinance Issue out upon Beal's Information by Priests and Jesuits and Ill-Affected Persons to disturb the Peace of this State and the Proceedings of Parliament and to attempt upon the Persons of many of the Members of both Houses And well knowing That there is no way to prevent the Mischief which the Malice of such Men may suddainly bring upon the Realm to the utter Subversion of our Religion Laws and Liberties but by putting the Kingdom into a Posture of Defence and so to be ready upon all Occasions to oppose Force to Force They the Lords and Commons have thought fit to Appoint and Ordain and do hereby Appoint and Ordain the Earl of Essex to have the Trained Bainds of the several Counties in readiness and do hereby give him Power to command them whensoever there shall be need to March and Gather themselves into a Body and to oppose and set upon all those who shall attempt or do any thing which may be prejudicial to the Publick Peace or Dangerous to the Parliament in General or to any of the Members of Parliament in particular and they the said Lord and Commons do likewise hereby and injoyn all the Trained-Bands of the several Counties and every particular Person who is Officer or Soldier of the Trained-Bands to be obedient to the Commands of the said Earl as they will Answer the contrary at their Perils A Message was brought from the House of Commons by Sir William Armyn Baronet A further Account at a Conference of Beal's Plot. to desire a free Conference by a Committee of both Houses touching the safety of the Kingdom At which the Commons acquainted their Lordships That they have discovered some things further concerning the Plot which was related by Beal for upon Examination they are informed That there are two such Priests as Father Jones and Father Andrews Jones they understand is here in Town at the Earl of Worcester 's House and Andrews is described to be near 50 Years of Age and uses to come much to Sir Basil Brook 's House And they let their Lordships know That the House of Commons have caused a Guard to be set about the Earl of Worcester 's House and have Ordered That his House shall be searched but because he is a Peer of this House they have first acquainted their Lordships therewith This Information was given to the Commons by one Mr. Wadsworth The House of Commons further thinks fit that a Declaration be made That whosoever of the 108 Men designed to do this mischief shall come in and discover the same both Houses will be humble Suitors to the King that they may be Pardoned and they shall be well Rewarded They also desired That the Lords would be pleased to joyn with them in the Ordinance concerning the Earl of Essex and the like Ordinance they desire may be for the Earl of Holland that he may Command the Trained Bands on the North side the Trent and that they may Nominate particular Men of Trust in every County to take care of the Militia that the People may know whom to resort unto That the Isle of Wight may be secured by sequestring it into another hand for the present That the Forts and Castles of this Kingdom may be secured Lastly That search may be made in the City and the Liberties for all Priests and Jesuits and for all suspected Persons and that their Names and Conditions may be delivered in to the Parliament Hereupon it was Ordered That James Maxwel Esq Gentleman Vsher to the Lords should joyn with any such as the House of Commons shall appoint and imploy for the Searching of the Earl of Worcester 's house and any other Recusants houses being the King's Subjects for the apprehending and taking of any Romish Priests and Jesuits whatsoever It was also moved from the Committee of the House of Commons That Monsieur St. German and Peter de Chair may be Sworn and afterwards Examined by the deputed Lords And it was Declared That any Peer of this House may be present at the said Examination if he please To swell the Tide of Fears and Dangers Information of dangers in Lancashire the Lord Wharton informed the House That he had received a Letter from the Lord Strange Lord Lieutenant of Lancashire which had some particulars in it fit for this House to know The Letter was read wherein it was said That his Lordship was upon his Guard that some in that County were stronger than he and that if ever need was to look to Lancashire in our time it was now Upon which the Lord Wharton was commanded to give thanks from the House to the Lord Strange for his timely Information of the danger of that County Thomas Wall Wall committed to the Fleet for disobeying the Order of the House one of the Door-keepers of the House being called in to give an account of the delivery of the Order to the Justices of Middlesex and London for the searching for Priests and Jesuits last night confessed That he did not deliver them the last night but early this morning for which neglect of his in a matter of that Consequence he was committed to the Fleet until the pleasure of the House be further known and never to attend upon the House any longer The Lord Strange's Letter being sent to the Commons Conference about the L. Strange's Letter they deâ—â—red a Conference which the Lord Keeper Reported to this Effect That they give their Lordships thanks for Communicating to them the Lord Strange 's Letter by which and other Relations from Members of their House they hold that there
may be just causes of those fears 1. They therefore desire their Lordships Expedition of the Ordinance concerning the Earls of Essex and Holland 2. An Answer concerning the securing the Persons of Recusants 3. Concerning the Government of the Isle of Wight and the fortifying the Forts of the Kingdom 4. That the Magazines in the County of Montgomery may be Sequestred into other hands for better security they being now in the hands of a Servant of a great Recusant 5. That Milford Haven may be fortified 6. That Sir Simon Harcourt may have a Commission to levy Soldiers for the Service of Ireland and that Thursday next may be the longest time of his stay here To these particulars the Lords gave these Resolutions 1. The Lords Answers To the first The House will Debate the Ordinance about the Earls of Essex and Holland to Morrow Morning 2. To the securing of the Persons of Recusants agreed 3. Touching the sequestring of the Isle of Wight into another hand their Lordships will take the same into confideration when the House of Commons present their Reasons why it should be taken out of the hand where it is now To the Forts they have formerly given in an account of the state of them and of the Charge which will be requisite to repair them and that the Money must proceed from them 4. To the fourth Agreed to 5. To the Fifth This House thinks it fit that Milford Haven be secured by appointing some Ships to ride in the Haven 6. To the Sixth The Lord Lieutenant of Ireland is to bring the Commission to Morrow Morning which he is to give to Sir Simon Harcourt for levying Men for the Service of Ireland This being done the Lord Keeper was appointed to acquaint the Commons who stayed in the Painted Chamber with the aforesaid Answers to their Propositions Mr. Maxwell the Gentleman-Usher gave this House an account Mr. Maxwell upon search finds no Priests That according to their Lordships Order he had searched diligently the Earl of Worcester 's House for Priests and Jesuits but can find none In the Commons House they were taken up with this new Plot and preparing Heads for the forementioned Conference And which is omitted in the Lords Journal it was desired That the Information which Beal hath given may be published It was also Ordered That St. German the French-man St. German committed to the Gate-house be committed to the Prison of the Gate-house and that no Man be suffered to speak with him but in the presence and hearing of a Keeper They were still busie in Hammering and Filing of the Remonstrance of the State of the Kingdom as appears by this Memorandum Memorandum That an Addition be made to the Declaration to this purpose to declare That this House intends to vindicate themselves from the Imputations laid upon them of discouraging of Learning and that they will advance Learning and the maintenance of Preaching Ministers They were very tender it seems of their Reputation but notwithstanding their Declaration it will remain an Eternal Riddle to Posterity how it can be possible to incourage Learning by taking away the Rewards of Industry And for their maintaining of Preaching Ministers they were as good as their Word indeed by suffering all that would to Preach and maintaining them in their Sacrilegious Usurpations upon the Sacred Function Report was made this day by the Lords Committees for the Irish Affairs That the Committees of both Houses for that business Wednesday Novemb. 17. have considered of these particulars That Power be given to the Lord Lieutenant of Ireland Irish Affairs for rewarding of secret services as is fit That convenient Posts be speedily set up between Beaumaris and Holy-Head And that the State of Scotland be moved to have the like care for Posts between Carlisle and Port-Patrick That Directions be sent by both Houses of Parliament to the Lords Justices of Ireland concerning the Prisoners Mac-Guire and Mac-Mahon to be Conveyed into England for their better security That the Protestation taken by both Houses be taken by all Officers and Commanders before they be employed in the service of Ireland which Propositions being read were Assented to It was Ordered Message to the Foreign Ambassadors concerning Jones and Andrews That the Right Honourable the Earl of Bristol the Earl of Holland and the Lord Brook shall forthwith Repair unto the several Ambassadors in and about the Cities of London and Westminster and desire them from the Parliament to dismiss out of their Houses such Priests as are the Kings Native Subjects and in case they shall be hereafter found abroad they shall not have any Protection but be Proceeded against according to the Laws of the Kingdom and to let them know That if the Persons of Father Jones and Father Andrews who were Accused for Treasâ—â— be received into their Houses the Parliament desires they may be presently delivered up Lord Lieutenant scruples the Validity of the Ordinance to Levy Men without the Great Seal Upon some Question made this day by the Lord Lieutenant of Ireland whether the Ordinance of Parliament for the granting him Power to give Commissions to Levy men for the Service of Ireland be of sufficient Validity without a Confirmation from His Majesty Thereupon the House did undertake to be Suitors to his Majesty to consirm the Autherity given to his Lordship by the King and the Parliament under the Great Seal of England And do Promise That they will be always ready to avow his Proceedings upon their Lordships aforesaid Orders in the mean time The Lord Lieutenant delivered a Copy of a Commission to be given to Commanders for the Levying of Men for Ireland which was Read and Approved of the Contents were as follow Robert Earl of Leicester Copy of a Commission to Raise Men for Ireland Viscount Lisle Baron of Penhurst c. One of His Majestie 's Most Honourable Privy-Council Lieutenant General of the Kingdom of Ireland and General of His Majestie 's Army there To Collonel WHereas the Lords Justices and Council of Ireland have advertised our Soveraign Lord King Charles and his High Court of Parliament now here Assembled of a suddain Insurrection aâ—d Rebellion in Ireland and have Humbly besought His Majesty to send some Succours unto his good Subjects there And his Majesty being now Absent in his Kingdom of Scotland hath recommended the Care of the said Kingdom of Ireland unto his Parliament of England and that in pursuit of his Majestie 's Pleasure so signified for as much as in this time of His Majestie 's Absence his Royal Commission according to the usual form cannot be so soon obtained as the necessity of the Kingdom doth require The Lords and Commons of the said Parliament now Assembled have by their Ordinance of the 6th of this present Month of November Authorized me by Warrant under my Hand and Seal to give one or more Commissions to such Captains Commanders or other
Government and Ordering of the Troops as well upon Service as at other times 4. For the better Encouragement of Worthy Men to undertake the Service in hope of Advancement and that at this very Instant Men of Merit that have had better Commands would be unwilling to serve in a more Inferior Condition than they have already 5. Though it be said That in Ireland Regiments will seldom come to fight in a Body yet it may fall out otherwise and then the inconvenience might prove of greater Consequence then the Charge 6. In Holland whilest their Troops were all single yet for the time they were to render Service in the Field they formed Regiments of them which had their Colonels and Majors appointed for that time which though they had no certain Pay by those Places Yet they had other Advantages by Governments Commanderies Companies of Foot Quarters and such like things to better their Condition and at last the Prince of Orange found it more convenient to settle the said Commands to Colonels and Majors although it were to the greater Charge of the State 7. Finally The General Practice of all Nations as the Germans Swedes French c. which have tryed all manner of wayes have for greater conveniency certainly formed their Cavalry into Regiments and most of them also allow a Lieutenant Colonel to every Regiment The Earl of Warwick and the Lord Digby Reported to the House the King's Answer touching the Petition of both Houses for continuing the Guards Viz. I Did Command the Guards to be dismissed The King's Answer concerning the Guards because I knew no Cause the Parliament had of Fears but I perceived the Molestation that the keeping of them would bring upon those Subjects of mine which were to perform that Service besides the General Apprehensions and Jealousies which thereby might disquiet all My People and I do Expect that when the Parliament shall desire of Me any thing like this Extraordinary and that which appears of ill consequence that they will give me such particular Reasons as may satisfie My Judgment if they expect I should grant their Desire Yet I am so tender of the Parliaments Safety to secure them not only from real but even imaginary Dangers That I will Command my Lord of Dorset to appoint some of the Train-Bands only for a few dayes to wait on both Houses in which time if I shall be satisfied that there is Just Reason I will continue them and likewise take such a Curse for the Safety of My Own Person as shall be fit of which I doubt not but that they have as Tender a Care as of their own It was then Ordered That this Answer shall be communicated to the House of Commons at a Conference An Order was this day made to put off all private business till the first day of Hillary Term Private Business set aside by Order of the House of Lords and to be Printed and Published to prevent the Charge and Trouble which otherwise Petitioners who have Causes depending might be put to in attending the House of Lords This day William Shelden Esquire Monday Novemb. 29. The two Sheldens acquitted of Beal's Plot. and Edward Shelden his Brother who had been taken up by virtue of an Order of the 27th of Novemb. upon suspition about Beal's Information of the 108 men who were to Kill the Parliament-Men appearing before the Lords and nothing of Complaint being against them It was thought fit and so Ordered That they should be forthwith discharged of any further attendance and be freed from any further Restraint Then a Letter was read written to the Lord Chamberlain from the Earl of St. Albans dated the 14th of November 1641. from Ireland the Principal Contents whereof were these THat the Town of Gallaway in Ireland is well Fortified Letter from the E. of St. Albans in Ireland and in Command of Mr. Willoughby That the Province wherein his Lordship lives doth utterly mislike the proceedings of the Rebels That the County of Mayo is quiet That 2000 Rebels are out in Levain but 4 Towns stand out That it is a thing of Consequence that Brian O Rourk here in England should be secured as conceiving him to be a dangerous person in this time of Rebellion in Ireland if he should Escape That the whole Province of Munster is yet quiet And lastly his Lordship ended with a Protestation of his Faith and Loyalty to the Crown of England while he lives and will dye in the same and will imploy all his Strength and Endeavours to assist the King for the Suppression of the Rebels Whereupon the Lord Chamberlain was Ordered to return him the Thanks of the House and the Letter to be communicated to the House of Commons The Bill for securing Recusants with amendments as also the Order for securing to the City the two fifty thousand pounds were carried up to the Lords In the House of Commons they were very busie upon a new Bill for Tonnage and Poundage for the Reader is to take notice that the Bills before mentioned were but from two Months to two Months It was also Voted That the Lords should be desired to move the King that the Earl of Salisbury may be Lord Treasurer and the Earl of Pembroke Lord High Steward of His Majesties Houshold The Amendments and Alterations in the Bill concerning the securing of Popish Recusants Tuesday Novemb. 30. were this day read and it was in the Debate taken into consideration whether the first Clause should stand which was That the Persons of Recusants should be restrained as the Lords in Parliament should think fit or whether it should be altered according as the House of Commons desired which was That the Lords should have power to dispose of the Persons of Lords and the Commons of Commoners And in conclusion it was agreed upon That for the alterations of the Names of the Persons in the Bill and the places of Dwellings and the Alterations of time this House agrees and consents to but for the rest the House adheres to the former Clause in the Bill The Bill for Tonnage and Poundage brought up from the Commons by Mr. Solliciter was read three times Successively Bill for Tonnage and Poundage passed the Lords and upon the Question it was Resolved to pass as a Law Nemine Contradicente The Order for securing the Mony borrowed of the City was likewise read and assented to which was as follows THe Lords and Commons in this present Parliament Assembled The Order for securing the Money borrowed of the City for the Northern expedition and Ireland having a due regard to the good Affections of the City of London expressed upon sundry Occasions by the advancing and lending of great Sums of Money for the service of this Common-wealth and particularly the Sum of 50000 l. for supplying the present Affairs in Ireland all which the said Lords and Commons do take in very good part and being resolved to make
Sum of 5000 l. Resolved Captain Legg bailed c. That this House doth approve and allow of the Earls of Cumberland and Newport to be Bail for Captain William Legg ut supra Mr. Mr. Williamson a Minister bailed Williamson a Minister in Custody of the Serjeant for a Sermon preached on Sunday was 7 Night in the Parish Church of St. Martins in the Fields shall be bailed and the Consideration of the Sermon was referred to Mr. Peard Then Sir Edward Hungerford Sir Henry Mildmay Sir Thomas Barrington Sir Henry Vane Sir Robert Pye Alderman Pennington Alderman Soame were appointed to treat with the Merchant Adventurers or any others concerning the Loan of 50000 l. for the Affairs of Ireland and to offer them Security out of the 400000 l. Bill and 8 l. per Cent for forbearance of their Money It was also Ordered That Sir Thomas Barrington and Mr. Martin do this Night repair unto the Constable of the Tower and desire him from this House to lodge and reside within the Tower and take the Custody and Guard of that Place Information was this Day given to the House of Lords Mâ—nday Decemb. 27. That some Members of this House have had false Rumors reported of them That during the time of the King 's being last in Scotland it was told the Queen That at a Meeting at Kensington where the Earl of Essex the Earl of Newport the Lord Viscount Say and Seal the Lord Mandevil the Lord Wharton Members of this House and the Lord Dungaruan Mr. Nathaniel Fines Sir John Clotworthy and Mr. John Pym Members of the House of Commons were present upon a discourse of Plots that should be done in this Kingdom or in Scotland the Earl of Newport should say If there be such a Plot yet here are his Wife and Children meaning that the Person of the Queen and her Children should be seized upon Vpon this the Earl of Newport stood up E. of Newport concerning a report of his speaking of seizing the Queen c. and gave the House this Account That hearing of such an Information which had been presented to the Queen he went with some other Lords and waited on the Queen and with many Protestations assured the Queen That never any such Words were spoken nor the least thought thereof conceived of any such Fact with which the Queen seemed to rest satisfied But upon Friday last his Majesty asked him Whether he heard any Debate at Kinsington about seizing upon the Queen and her Children which his Lordship denying his Majesty replyed again That he was sorry for his Lordships ill Memory The House considering this Information to be of Consequence and because several Members of the Commons were concerned in it resolved to have a Conference with the Commons concerning it that so they might search into this Business and that the Bottom of it might be found out and the Reporter of this false Rumor brought to condign Punishment And the Lord Archbishop of York Lord Admiral E. Bristol E. Holland Lord Roberts Lord Savil were ordered to draw Heads for the Conference Tumults The Tumults now began upon this little Clash of the Two Houses and the Lords refusing to joyn with the Commons to petition out Lunsford to assemble in great Multitudes to Force the Bishops by affronts to quit their station in Parliament which hitherto could not legally be obtained and there being a great Concourse of People about the Parliament Door and the Places adjoyning the Gentleman-Usher was directed to go and Command them in the King's Name to be gone and repair to their respective places of Aboad or they should be proceeded against according to Law who returned with this account That the People are willing to depart but say they dare not because there is Colonel Lunsford with other Soldiers in Westminster-Hall that lye in wait for them with their Swords drawn and that some of them who were going through Westminster-Hall home have been Wounded and Cut in their Heads by the said Souldiers Whereupon the House appointed the Lord Steward A Committee of Lords appointed to consider of the Tumults the Lord Great Chamberlain Lord Chamberlain E. Bedford E. Southampton E. Pembroke E. Sarum E. Warwick E. Clare to Examin what Warrant hath been given to Soldiers to come down this day unto the Parliament House and likewise what Notice hath been given to any others to come down to Westminster in Multitudes and who gave the Occasion that Swords were drawn and blows given in Westminster-Hall and near thereabouts among the People And to Enquire why the Justices of Peace and other his Majesties Officers did not prevent the Tumults this Day according to Law and the Commands formerly given them Their Lordships or any 7. of them to meet on Tuesday the 28 of Decemb. 1641 at 9 of the Clock in the Morning in the Painted Chamber and when after they please After this the Lords Commissioners delivered in all the Scots Commissioners Propositions as follows SInce it is desired that we should give in all our Propositions concerning the 10000 Men that are to be sent out of Scotland into Ireland We do offer to your Consideration these following Propositions to those we have already given in 1. In respect that the Country is for the most part Wasted by the Rebels and that it is necessary for the better Provision and Safety of our Army That there be delivered unto Us some Places convenient for the preserving of our Victuals and for Retreat in case of Necessity It is therefore desired That the Town and Castle of Carrickfergus Colraine and London-Derry be put into our hands wherein we may plant Garrisons and make Use of them for Magazins of Victuals Arms and Munition and for Retreat upon any Occasion And that the Magistrates and Inhabitants thereof be ordeined to carry themselves to any of our Commanders there as is fit and ordinary in such Cases We giving Assurance to use them with all Brotherly Kindness and Respect and to give full Satisfaction for what we shall receive from them and that we shall make Use of the said Places for the Honor and Advantage of his Majesty and the Crown of England and faithfully restore them to any having Commission from the King and Parliament when the War shall End or that our Army shall be by them discharged and satisfied of all Dues and Conditions made in this present Treaty 2. That the Towns of Carrickfergus Colrain and London-Derry be instantly provided with Victuals of all kinds necessary for Soldiers both for the Garrisons and to furnish the Army or any part thereof in Expeditions into any part of the Province or where they shall go for payment upon such reasonable Prices as shall be agreed upon And likewise that Powder Bullet and Match be sufficiently provided for at least 6000 Musketeers and 24 or 30 Piece of good Ordnance and that there be Gun-Smiths and ingenious Carpenters sent thither for the mending
desire the Lieutenant may be sent for to give an Account of these things Which the Lords agreed to and immediately sent for the Lieutenant and Captain Connisby to atttend both Houses of Parliament presently But this was not satisfactory enough for Mr. Pym came with a second Message to the same Effect And that therefore the House of Commons desire that Directions may be given to the Lieutenant of the Tower and the Master of the Ordnance That no Provisions or Ammunition whatsoever shall be sent out of the Tower without the King's Authority signified by both Houses of Parliament and that no extraordinary quantity of Provisions be brought into the Tower without his Majesties Pleasure signified by the Houses of Parliament For the putting this in Execution the House of Commons desire that a convenient Guard may be put about the Tower by Land and by Water and this Guard to be appointed by the Sheriffs of London and to be under the Command of Sergeant Major General Skippon and that the Care of the Parliament herein may be intimated to the Common Council of London Whereunto the House of Lords immediately agreed Thus did they exactly follow the Example of their Brethren of Scotland who in the beginning of the Rebellion there laid a Blockade to the Castle of Edinburgh till they got it into their Power and a Creature of their own placed in it which was the Design now upon the Tower of London And these Messages produced the following Order Ordered by the Lords and Commons in Parliament Order of Lords and Commons to set a Guard upon the Tower That the Earl of Newport Master of the Ordnance and the Lieutenant of the Tower for the time being their Deputies or other Officers shall not permit or suffer any Ordnance Ammunition or other Provisions whatsoever to be carried out of the Tower nor permit extraordinary Increase of Waiters or any Provision of Victuals in any extraordinary Quantity or Proportion to be brought into the Tower without the King's Authority signified to both Houses of Parliament And for the better Safeguard of the Tower It is further Ordered by both Houses of Parliament That the Sheriffs of London and Middlesex shall appoint and place a sufficient Guard about the Tower both by Land and Water under the Command of Sergeant Major General Skippon Commander of the Guards of the Parliament and that these Guards be careful to see the former Order observed And the said Sheriffs are required to intimate to the Common Council of London in what manner the Lords and Commons have provided for the Safety of the Tower Order to stay 4 Dunkirkers with Ammunition c. for the Rebels Then an Order was directed to the Lord Admiral to stay four Ships lately come from Dunkirk with Arms and Ammunition for the Rebels in Ireland also the like Order to the L. Duke of Richmond Constable of Dover-Castle and Lord Warden of the Cinque-Ports and to the Earl of Portland Captain of the Isle of Wight The House was informed that the Lieutenant of the Tower was served with the Order and after he had read it he said Lieutenant of the Tower's answer to the Order to attend the Parliament That he was very desirous to attend the Houses of Parliament according to the Order but conceived he could not come without his Majesties leave first obtained in respect he hath received a Warrant from his Majesty with a Command not to depart out of the Tower without his Majesties leave but to reside there A Copy of which Warrant the Lieutenant sent to the Parliament and Captain Conisby was called in and attested the same producing this following Warrant CHARLES R. TRusty and Well beloved We greet you well The King's Warrant to Sir John Byron Lieutenant of the Tower Forasmuch as in these Tumultuous times We have thought it necessary that the Tower of London where remains not only Our Principal Magazine of Arms and Munition but also Our Records and other Matters of great Importance should be always very well Ordered and that all the Officers and Guard there should be all Resident to perform their Duties Our Will and Command therefore is That you fail not to reside constantly in Our said Tower to see the Guard there to perform their several and respective Duties and that you at no time go out of Our said Tower upon any occasion whatsoever without first acquainting Vs therewith and receiving Our leave and Order for the same and herein We expect that you fail not as you tender Our displeasure and will Answer the contrary for which these shall be your sufficient Warrant Given under Our Signet at Our Court at White-Hall the 10 th day of January in the 17 Year of Our Reign To Our Trusty and Well-beloved Sir John Byron Knight of the Bath Lieutenant of Our Tower of London Whereupon the House conceived That the Lieutenant of the Tower had committed a high Contempt to the Order of this House in not coming notwithstanding the King's Warrant because the King's Command is always supposed to be in an Order of this House And after much debate a Message was sent to acquaint the Commons with the whole Matter A Message was then brought up from the Commons by Mr. Nathaniel Fines Information against Lord Digby Col. Lunsford That whereas the House of Commons hath been informed That Collonel Lunsford and the Lord George Digby Son to the Earl of Bristol with others have gathered together Troops of Horse and have appeared in a Warlike Manner at Kingston upon Thames within the County of Surrey where the Magazine of that Part of the Countrey lies to the Terror and Fright of his Majesties good Subjects and Disturbance of the Publick Peace of the Kingdom the House of Commons hold it fit that particular directions be sent to the Sheriffs of Surrey and Middlesex Bucks and Berks for the suppressing of such Assemblies being contrary to Law and to take some Course for the securing of those four Counties and the Strand and Westminster and the Magazines thereof and for the suppressing of all unlawful Assemblies that are gathered together to the disturbance of the Peace of the Kingdom and they to be required to call in the Justices of the Peace and Train'd Bands of the Counties for their Assistance herein and to give a speedy account of their Proceedings therein to the Parliament The House of Commons do also desire their Lordships to take Order That the Lord Digby a Member of this House be required to give his Attendance here Portsmouth And further they desire That an Order may be sent from both Houses to the Governor of Portsmouth requiring him that he do not deliver up the Town nor receive any Forces into it but by his Majesties Authority signified by both Houses of Parliament And Lastly Common-Council Whereas the Common Council of London hath appointed a Committee to consider of the defence and safety of the
Faithful endeavours may be any way useful we shall be most ready at all occasions to contribute the same 15th of Jan. 1641. Ja. Primrose The very same Paper Verbatim was 〈◊〉 their request presented to the Lords by the Lord Lieutenant of Ireland After the reading of this Paper Sir Philip Stapleton Mr. Long and Mr. Arthur Goodwin were Ordered to return thanks from the House of Commons to the Scotch Commissioners for their good Affections Exprest to this State and Parliament and likewise to desire to know of them what it is that they have sent unto his Majesty by way of Advice To which Sir Philip Stapelton brought this answer That most of the Commissioners were gone from the place of Meeting not expecting any Message from this House besides they have not as yet sent the Paper to the King by reason they could not get Post-Horses and till such time as his Majesty hath first received the same they conceive it not so fit it should be made known But upon Monday morning they make no doubt to give this House full satisfaction I know no reason I have to make the Reader stay till Monday whose Expectation may be as willing to be gratified with a sight of this Paper as the House of Commons were and therefore I present him with it as followeth To the King 's most Excellent Majesty The Humble desires of the Commissioners of his Majesties Kingdom of SCOTLAND WE your Majesties humble and faithful Subjects The Petition and advice of the Commissioners of Scotland to the King by way of Mediation considering that the Mutual Relation betwixt your Majesties Kingdoms of Scotland and England is such as they must stand or fall together and the disturbance of the one must needs disquiet and distemper the Peace of the other as has been often acknowledged by them both and especially in the late Treaty which is ratified in Parliament and confirmed by the publick Faith of the Estates of your Majesties ancient and Native Kingdom of Scotland so that they are bound to maintain the Peace and Liberties of one another being highly concerned therein as the assured means of the safety and preservation of their own And finding our selves Warranted and obliged by all means to labour to keep a right Vnderstanding betwixt your Majesty and your People to confirm that Brotherly Affection betwixt the two Nations to advance their Vnity by all such ways as may tend to the Glory of God and Peace of the Church and State of both Kingdoms and aykways to proffer our service for removing all Jealousies and mistakes which may arise betwixt your Majesty and this Kingdom and our best endeavours for the better Establishment of the Affairs and quiet of the same that both your Majesties Kingdoms of Scotland and England may be Vnited in the enjoying of their Liberties in Peace under your Majesties Scepter which is the most assured Foundation of your Majesties Honour and Greatness and of the security of your Royal Person Crown and Dignity We have taken the Boldness to shew your Majesty that we are heartily sorry and grieved to behold these Distractions which increase daily betwixt your Majesty and your People and which we conceive are entertained by the wicked Plots and Practices of Papists Prelates and their Adherents whose aim in all these Troubles has not been only to prevent all further Reformation but also to subvert the Purity and Truth of Religion within all your Majesties Kingdoms for which end their constant Endeavours have been to stir up Divisions betwixt your Majesty and your People by their Questioning the Authority of Parliaments the lawful Liberties of the Subjects and real Weakning your Majesties Power and Authority nay all upon pretence of Extending the same whereof by Gods Providence being disappointed in your Majesties Kingdom of Scotland these have now converted thir Mischievous Councels Conspiracies and Attempts to produce these distempers in your Majesties Kingdoms of England and Ireland And therefore according to our Duty to your Majesty to testifie our Brotherly Affection to this Kingdom and acquit our selves of the trust Imposed in us We do make offer of our humble Endeavours for composing of these differences And to that purpose do beseech your Majesty in these Extremities to have Recourse to the sound and faithful advice of the Honourable Houses of Parliament and to repose thereupon as the only assured and happy means to Establish the Prosperity and quiet of this Kingdom And in the depth of your Royal Wisdom to consider and prevent these Apprehensions of Fear which may possess the Hearts of your Majesties Subjects in your other Kingdoms if they shall conceive the Authority of Parliament and the Rights and Liberties of the Subject to be here called in Question And we are confident that if your Majesty shall be graciously pleased to take in good part and give Eare to these our humble and faithful Desires that the success of your Majesties Affairs howsoever perplexed shall be happy to your Majesty and joyful to all your People over whom that your Majesty may long and prosperously Reign is the Fervent and Constant Prayer of us your Majesties Faithful Subjects and Servants It was likely to come to a hopeful issue for his Majesty and all his Loyal Friends when those who had by Rebellion wrested from him so great a share of his Sovereignity and Regal Authority undertook to be Umpires and Mediators in a difference to which they were Principal Parties and to compose those differences which the Faction following their Example were resolved should be determined by no other terms of Accommodation then his Majesties parting with the Sword which Guarded his Septer and which they were resolved either to have or to force it from him by the down-right strength of a most deep rooted and formidable Rebellion But what thanks soever they had for this officious diligence from the King they received many thanks from both Houses for the affection expressed to the Kingdom in the advice which they gave the King in this Paper which was mightily to the Grace of the Faction and Tuned to the humor of the Times which charged all the Miseries and Distractions upon the King 's refusing the sound advice of his great Council the Parliament This day an Order was made in the Lords House Munday January 17. The Lo. Nettervile's Son ordered to be brought before the Lords for the bringing up to the Lords in Parliament Mr. Thomas Netterville Son to the Lord Neterville who was stayed in Chester by the Mayor of the place upon Suspicion and the Lord Admiral was Ordered to write to the Mayor thanks from the House of Lords for his care in staying the said Mr. Netterville Then the Lord Duke of Richmond Reported the King's Answer to the Message delivered to him Jan. 15th The King's Answer to the Bill for adjournment Hull c. 1. Concerning his Majesties Assent to be given to the Bill for the Adjourning of the Parliament
Violence The Ulster Rebels are grown so strong as they have sufficient Men to leave behind them in the places they have gotten Northward and to lay Siege to some not yet taken as Emiskillin in the County of Fermanagh and Agher in Tirone and yet to come many thousands to besiege Drogheda in view whereof within 3 or 4 Miles they have stood with their Colours flying since Sunday the 21st of November expecting more Forces from Cavan and that way to gird the Town round about They have already taken Mellifont the Lord Moor 's House though with the loss of about 120 Men of theirs and there in cold blood they murdered Ten of those that manfully defended that place We hear also that the whole County of Lowth both Gentry and others are joyned with the Rebels and that the Sheriff and John Bellew Esq is likewise with them this County being one of the five of the English Pale having formerly still been true to the Crown In the County of Meath also being the most considerable of the five all the Common People and many of the younger Sons of the Gentry beyond the River of Boyne Twenty Miles from Dublin do either joyn with the Rebels or otherwise rob and spoil the English Protestants till within Six Miles of Dublin We sent to Drogheda 1100 Foot and 3 Troops of Horse and caused Four other Foot Companies to be raised there and this day we send thither 600 Foot more raw Men and unexperienced and another Troop of Horse And we provide the best we may for the defence of this City yet most of the Men we have are not Trained nor Exercised and many of them are Irish for others we have not and we fear that when we come to blows many of those will forsake their Commanders and side with the Rebels as they have done in the Counties of Cavan and Wickloe where of Companies of 40 Men of our Soldiers not above six or seven stayed on our side but took part with the Enemy Our main indeavour is to preserve this City and Castle for his Majesty The Rebels have now framed an Oath which they Administer to all that joyn with them the Copy whereof you have here inclosed as it was taken out of some Copies scattered abroad for all Mens view To conclude we renew our Suit for our Supplies of 100000 l. in Money 10000 Foot and 1000 Horse in present and Arms and Munition for them and for the Stores and Places of Defence not yet lost and that so much Money Men and Arms as are already gotten may be sent onward and the rest to be sent after and that the third part of the Shot be Callivers and the other two parts bastard Muskets as more suiting with the Service of this Kingdom and if those Supplies be not immediately sent away the Kingdom will be in danger to be lost Extract of a Letter of the said Lords Justices and Council of the 26th of November to the said Lord Lieutenant WE have received information That the Lord Viscount Dillon who Two Months since was admitted to be a Member of this Board and is now imployed by the Lords House of Parliament here to attend his Majesty carries along with him or is to have sent after him some Writing Signed by many Papists of the Nobility and Gentry of this Kingdom which Writing as we are Informed contains a profession of Loyalty to his Majesty and an offer of themselves by their Power to reprieve this Rebellion without Aids of Men from England which if there be any such his Lordship though a Member of this Board hath not Communicated with us the Justices who ought to be made acquainted with what may have Relation to the Safety of the Kingdom But if the Lord Dillon 's Counsel shall tend any way to stay the Succours intended to be sent us out of England or to entertain his Majesty with a belief that those here will raise sufficient Force to reduce this Kingdom we humbly beseech leave to declare our Opinions herein That is that if our expected Succours from England be kept from us undoubtedly the English and Protestants of this whole Kingdom will be either put to the Sword or be forced to forsake the Kingdom and the sole Power and Sway in all Magistracy must necessarily fall into the hands of the Irish which will at their own pleasure shake off the Government of England and set up their Idolatrous Religion and prove the most dangerous Enemies to England We do confide so much in the Wisdom of His Majesty and the Parliament of England and your Lordships prudent Conduct of a matter so highly importing the State as that they will not to save a little charge expose both Kingdoms to such Dangers after the expence of so much English Blood and Treasure as hath been spent to gain this Kingdom nor will the charge be lost in overcoming this Rebellion by the Wisdom and Valour of England when it shall be abundantly recompenced not only in the settlement of a more firm Peace and Safety to England but also in raising a greater and more considerable Revenue here to the Crown then formerly out of the Estates of the Authors of the mischief The Rebels keep from us all Accesses to our Markets to starve us as they say nor can we help it for want of Men to send abroad several ways So it will be absolutely necessary that the Magazine of Victuals on the English Sea-Coasts on this side be fully stored with all speed that Supplies be hastened hither to Dublin A Regiment of a 1000 Men raised in Munster by Colonel Garret Barry for Spain was Commanded to Disband by the Lord President but they continue still as they were increasing in their numbers We have not yet sufficient force to compel them and it is doubted that he expects there some Arms from Foreign Parts so as it appears necessary that the Shipping designed for guarding those Coasts be hastened away speedily Extract of a Letter of the Lords Justices and Council to the Lord Lieutenant Dated the 27th of November 1641. WE hear that some have given out that our Dangers here are not so great as we declare which misinformations if they should gain credit there might cause the lessening or retarding our Supplies which perhaps may be the aim of those that have so misinformed if any can be so wicked and though we hope that such reports cannot be of equal value or estimation with the joynt representations of this State yet we crave leave to declare that the Rebellions are such and so great as we have formerly represented and far more dangerous then Words can express and we affirm That if those Supplyes come not speedily the Danger will be found far more lamentable to both Kingdoms and we beseech that no Credit be given to the contrary The Disturbances are now grown so general that in most Places and even round about this City within 4 Miles of us not the
Ireland to the Lord Lieutenant 900 901 902. F. RObert Farnham 's Deposition in behalf of the Lord and Lady Muskerry 635. Sir Robert Farrer a Witness for the Earl of Strafford 60. Fast mov'd for by the House of Commons for the Irish Rebellion 737. agreed 754. for a monthly one 777. Faunt 's Case 324. Mr. Finch Vicar of Christ-Church London Votes against him 233. Fitz-Garret a Witness against the Earl of Strafford 57 68 74. Florence the Resident from thence his Complaint 596. a Committee upon it 645. Forrests ascertain'd in their Bounds by Act of Parliament 431. many Frays happen about it 499. 625. Sir Edward Fowles a Witness against the Earl of Strafford 11. Blunders in his Evidence 55. Mr. Franklin a mistake in his Annals rectified 247. Sir Ralph Freeman a Witness against the Earl of Strafford 91. French the House of Commons in great fear of them 233. 242. French Embassador desires the English Disbanded Army for his Masters Service 395 436. Tumults about his House 468. intercedes for the Rioters 476. Dr. Fuller Dean of Ely Petitioned against by the Sectaries 492. sent for as a Delinquent for his Sermons 609. Bayled 626. G. SIr Henry Garaway a Witness against the Earl of Strafford Gatton in Surry a dispute about Election of Members there 599. Lord General scruples letting the Scots march through Berwick 452. S. German a Frenchman committed to the Gate-House 651. released 711. Mr. Glyn appointed a Manager of Evidence against the Earl of Strafford 28. passionate at some expressions of the Earl of Strafford 39. his Speech upon summing up the Evidence 124. one of the Committees to expedite the Charge against the Arch-Bishop Laud 265. his Speech about breach of Priviledge 827. Henry Gogan a Witness against the Earl of Strafford 90. Evers Gore a Witness against the Earl of Strafford 53. Lord Gorge Governor of Hurst Castle Summoned to appear 596. Collonel Goring accused for a Conspiracy to seduce the Army 232. discovers a Vote in his Favour 272. Lord Gorminston a Witness against the Earl of Strafford 56. contradicts himself 57. his Commission for suppressing the Irish Rebellion 630. is said to have given Intelligence to the Rebells 905. combines with them 907. they make him General of the Forces of the Pale 917. Patrick Gough a Witness against the Earl of Strafford 70. John Gower a Witness against the Earl of Strafford 53. Grand Question concerning Bishops Votes in Capital cases an abstract of it 503. Lord Grandison see Newark Richard Grave his Examination about the Irish Rebellion 522. Dr. Gray sent for as a Delinquent 772. St. Gregories Parishioners Complaint against Inigo Jones 728. Sir Henry Grisfin a Witness in the Case of the Earl of Strafford 93 94. Serjeant Grimstone one of the Committee to prepare the Charge against the Earl of Strafford 7. appointed to be presented at the Examination of Evidence against him 11. his Speech concerning Breach of Priviledge 825. Guard Ordered about the Parliament House 487. a Conference about it 595. Establisht by the House of Commons 623. Dissolv'd by the King 684. Message c. about it 684 685. Reasons of the House of Commons for their Continuance 687. refused by them when ordered by the King 688. Guard not of their own appointment displeases them 726. examin'd and discharg'd 727. Votes of the House of Commons about Guards 729 732. their Message about it 789. rejected by the House of Lords 793. a Committee ordered to wait upon his Majesty concerning it 801. the King orders one under the Earl of Lindsey 833. the House of Commons Order another under Major Skippon 833. both Houses appoint a Guard upon the Tower 844. an Order drawn up by the House of Commons for Guards and necessary defence 878. Gun-Powder an Act for importing and free making it 416 438. Gunners of the Tower examined by the House of Commons 856. Sir Richard Gurney Lord Mayor of London Knighted 676. H. DR Hacket 's defence of Deans and Chapters in the House of Commons 240. Hampden one of the Committee to prepare the Charge against the Earl of Strafford 7. appointed a Manager of Evidence against him 28. one of the Committee to expedite the Charge against Arch-Bishop Laud 265. Impeached of High Treason 811. his Speech in vindication of himself 817. a Petition from Bucks to the King about him 840. Marquess Hamilton a Witness in the case of the Earl of Strafford 86. made a Duke 683. his complement to the House of Commons concerning the Arms at Fox-Hall 870. James Hanham his House search'd for Arms 848. Sir Simon Harcourt arrives at Dublin with a Regiment 918. Robert Hawood ordered to the Pillory for Contempt 238. excused 245. Lady Hatton and Bishop of Ely their Case 270. Sir Arthur Hazlerig Impeach'd of High Treason 811. Bishop of Hereford excused part of his Poll-Money 709. Marquess of Hertford introduc'd into the House of Lords 265. ordered to take charge of the Prince in person his answer 595. a Message about it from the House of Commons 857. Hertfordshire Petition 753. Dr. Heywood Petition'd against by the Sectaries 492. Hibbols a Witness against the Earl of Strafford 62. Mr. Hide his Speech at the delivery of the Articles against the Lord Chief Baron c. 343. High Commission Court a Bill for taking it away 257. Collonel Hill Voted Delinquent for raising Volunteers for Ireland 874. Earl of Holland a Witness in the Case of the Earl of Strafford 84. Mr. Jervis Holls who had been expell'd the House for an honest Speech restor'd 710. Dr. Hollis and others Votes in their favour 331 373. his Speech in praise of Sir Randol Crew 365. concerning the Palatinate 378. in justification of the Votes for taking the Protestation 416. he is Impeached of High Treason 811. Honours a Conference about the Kings bestowing them 325. Horses inquiry after Transporters of them 655. Sir John Hotham a Witness in the Case of the Earl of Strafford 92. appointed Governor of Hull by the House of Commons 833. Hoy a Witness against the Earl of Strafford 62. Hull Order for the Mayor to take care of it 753. Order that Sir John Hotham be Governor of it 833. Huntingdonshire Petition for Episcopacy 720. Hurst Castle going to Decay Examined 596. Mr. Hutton Curate of St. Giles Cripple-Gate Petition'd against 492. ordered to be taken into custody 497. Hypocrisie of the Anti-Episcopal Grandees 261. I. KIng James his Collection out of Bellarmin 226. Mr. Henry Jermyn accused for a Conspiracy to seduce the Army 232. a Proclamation to stop him 233. Voted chargeable with High Treason 443. Voted to be Impeach'd 754. Impeachment of the Earl of Strafford 7. of Sir George Radclif 8. of Sir Robert Berkley 332. of the Barons of the Exchequer 343 352 356. of Mr. Justice Carwley 357. of the Lord Chief Justice Bramstone 363. of the Bishops for the New Canons and Oath 418 443. second Impeachment of the same 717. Incendiaries a Commission for their Prosecution 444. who were
the said 500 Men and keeping them there till their first Muster Resolved c. That 432 l. 13 s. 4 d. being for a Months Pay shall be paid to the Officers of a Regiment of 1000 Men in Nine Companies for Munster Resolved c. That 1000 l. shall be imprested for the Levying Conducting and Transporting into Ireland 500 of those Men which are to be raised here in England for the said Province of Munster and for the keeping them together till the first Muster Resolved c. That 543 l. 4 s. shall be paid to the Officers of the Troops of the 300 Carabins being for a Months Pay Resolved c. That the Sum of 4128 l. shall be paid for the Levying of the 300 Carabins and for the 44 Horses for the Officers of the 4 Troops reckoning to every Troop eleven Horses which makes in all 344 Horses at 12 l. a Horse and for the Conducting the said Horses to Chester and keeping them there till they are Muster'd and that so soon as they are Muster'd they shall enter into Pay and that a Commissary do go along with them to Muster them so soon as they come there and likewise that a Commissary continue there and Muster them when they go into the Ship The Saddles to be furnished out of his Majesties Stores Resolved c. That 179 l. 4 s. being for one Months Pay shall be paid to the Officers of the 300 Dragoons in three Companies Resolved c. That 5 l. a Horse shall be allowed for the 300 Dragoons and for the 33 Horses for the Officers allowing to every Company 11 Horses for the buying of them and bringing them upon the Place of Muster and then to enter into Pay Resolved c. That 200 l. more shall be forthwith imprested upon account to the Officers of the Ordnance for the carrying down the Arms to Chester out of the 50000 l. lent by the City of London for the Affairs of Ireland Resolved c. That 186 l. 13 s. 4 d. being one Months Pay shall be paid to the Officers which are to Command the five hundred Men in the Province of Connaght being Officers of five single Companies Resolved c. That a Months Pay for Sir Simon Harcourt 's Regiment of 1100 Men viz. For the Officers 470 l. and for the 1100 Men 1026 l. shall be likewise paid Ordered That Owen O Connelly be from this House recommended to the L. Lieutenant of Ireland to have the Command of one of the Companies of Dragooners The House of Commons having by Vote assented to the time of the Fast Mr. Calamy and Mr. Marshal are desired to preach on that Day at St. Saturday Decemb. 18. Margarets Westminster before the House of Commons and Sir Robert Harlow undertook to give Mr. Calamy notice and Sir Thomas Barrington to Mr. Marshal The Lord Steward acquainted the House That the King assented to the Desires of both Houses concerning the Fast and the Dayes they have agreed upon The E. of Bristol Reported a Paper containing the Sense of the House yesterday concerning the first Proposition of the Scots Commissioners which was read in haec verba That the House of Peers will assent to the sending 10000 Scots but under this Condition that it be presently voted in both Houses and assented unto by his Majesty that 10000 English be likewise sent with all the possible speed as may be and that all such Monies as shall be raised and assigned for this expedition be equally divided and that proportion as belongeth to the English be not meddled withal upon any Occasion but be wholly imployed for the raising and sending away 10000 English and this is likewise to be understood besides the 2000 English Horse which have been in Proposition to be desired A Message was then brought up from the House of Commons by Arthur Goodwin Esquire Mr. Daniel O Neal impeached of High Treason and committed to the Gate-House to let their Lordships know That he was Commanded by the Knights Citizens and Burgesses for the Commons now Assembled in Parliament to accuse and in the Name of the House of Commons and of all the Commons of England did accuse Daniel O Neal of High Treason and further he was to desire That their Lordships would send for the said Daniel O Neal and commit him to safe Custody and in convenient time the House of Commons will bring up the particular Charge against him Whereupon a Warrant was sent to bring Daniel O Neal before the Lords which being done and he being brought to the Bar as a Delinquent the Lord Keeper by the Command of the House told him That he is accused by the House of Commons in the Name of the House of Commons and of all the Commons of England of High Treason and that this House doth commit him to the Prison of the Gatehouse in Westminster there to remain until the Pleasure of this House be further known After this the House fell upon the Bill for pressing of Soldiers and it was moved That before it be debated by this House Mr. Attorney General may be heard what he can say for the King therein if he desires it Hereupon Mr. Attorney General desired the House to give him leave to be heard for the King concerning the said Bill which the House gave way unto and then presently Mr. Attorney made a long Argument in the King's behalf which being done the House Ordered that the debate of the said Bill for pressing of Soldiers should be upon Munday next In the Commons House among other things the Consideration of the Navy came under Debate and it was Ordered That the Committee formerly appointed to consider of the Affairs of the Navy do draw an Order according to the Debate this Day about the disposing of the Monies for Tunnage and Poundage and likewise to consider what Way is fit for this House to take for the Continuance of Sir Henry Vane in the Place of Treasurer for the Navy Then the Humble Petition of the Officers of the late Army was read The Officers Petition for their Arrears and are answered smoothly and some of the Officers that presented it were called in and Mr. Speaker told them That it was the great necessities of this Kingdom that had unexpectedly fallen upon them which hath prevented the full Satisfaction which the House much desired to give them that within a very small time they hope they shall be able to do it This Day the King sends by the Lord Keeper a Message Monday Decemb. 20. to let the House of Lords know That he would send his Answer to the Petition this Afternoon so soon as the Committees of both Houses do attend him which was immediately by a Messenger communicated to the Commons Next a Petition was delivered into the House by the Lord Keeper by Command of the King from the County of Chester concerning Church Government and the Book of Common Prayer but it it was laid aside