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
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
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
Provinces of Munster and Connaght as also to the Sheriffs of five Counties of the Pale to consult the best way and means of their own preservation That day the Lord Viscount Gormanstoun the Lord Viscount Netterville the Lord Viscount Fitz-Williams and the Lord of Lowth and since the Earls of Kildare and Fingal and the Lords of Dunsany and Slane all Noblemen of the English Pale came unto us declaring That they then and not before heard of the matter and professed all Loyalty to His Majesty and Concurrence with the State but said they wanted Arms whereof they desired to be supplied by us which we told them we would willingly do as relying much on their faithfulness to the Crown but we were not yet certain whether or no we had enough to Arm our strengths for the guarding of our City and Castle yet we supplied such of them as lay in most danger with a small proportion of Arms and Ammunition for their Houses lest they should conceive we apprehended any Jealousie of them and we commanded them to be very diligent in sending out Watches and making all the Discoveries they could and thereof to advertise us which they readily promised to do And if it fall out that the Irish generally rise which we have cause to suspect then we must of necessity put Arms into the hands of the English Pale in present and others as fast as we can to fight for the defence of the State and themselves Your Lordship now sees the Condition wherein we stand and how necessary it is first That we enjoy your Presence speedily for the better guiding of these and other Publick Affairs of the King and Kingdom And secondly That the Parliament of England be moved immediately to advance to us a good Sum of Mony which being now speedily sent hither may prevent the expence of very much Treasure and Blood in a long continued War And if your Lordship shall happen to stay on that side any long time we must then desire your Lordship to appoint a Lieutenant General to discharge the great and weighty burthen of commanding the Forces here Amidst these confusions and disorders fallen upon us we bethought us of the Parliament which was formerly Adjourned to November next and the Term now also at hand which will draw such a concourse of People hither and give opportunity under that pretence of Assembling and taking new Councils seeing the former seems to be in some part disappointed and of contriving further danger to this State and People We therefore found it of unavoidable necessity to Prorogue the Parliament to the 24th day of February next and therefore we did by Proclamation Prorogue it accordingly and do direct the Term to be Adjourned to the first of Hillary Term excepting only the Court of Exchequer for the hastening in the King's Money We desire that upon this occasion your Lordship will be pleased to view our Letters concerning the Plantation of Connaght dated the 24th of April last directed to Mr. Secretary Vane in that part thereof which concerns the County of Monoghan where now these fires do first break out In the last place we must make known to your Lordship That the Army we have consisting but of 2000 Foot and 1000 Horse are so dispersed in Garrisons in several Parts of the four Provinces for the security of those Parts as continually they have been since they were reduced as if they be all sent for to be drawn together not only the Places where they are to be drawn from and for whose safety they lye there must be by their absence distressed but also the Companies themselves coming in so small numbers may be in danger to be cut off in their march nor indeed have we any mony to pay the Soldiers to enable them to march And so we take leave and remain From His Majesties Castle of Dublin 25 Oct. 1641. Your Lordships to be Commanded William Parsons John Borlase Robert Boulton Canc. J. Dillon Anth. Midensis Jo. Raphoe Thomas Rotherham Fra. Willougbly Jo. Ware Ro. Digby Adam Loftus Jo. Temple Gerrard Lowther George Wentworth Ro. Meredith Postscript The said Owen Connelly who revealed this Conspiracy is worthy of great Consideration to Recompence that Faith and Loyalty which he hath so extremely to his own danger expressed in this business whereby under God there is yet hope left us of Deliverance of this State and Kingdom from the wicked purposes of those Conspirators And therefore we beseech your Lordship that it be taken into Consideration there so as he may have a mark of His Majesties most Royal Bounty which may largely extend to him and his Posterity we being not now able here to do it for him William Parsons As we were making up these our Letters the Sheriff of the County of Monoghan and Dr. Teale having fled came unto us and informed us of much more Spoil committed by the Rebels in the Counties of Monoghan and Cavan and that the Sheriff of the County of Cavan joyns with the Rebels being a Papist and Prime Manof the Irish William Parsons Robert Digby John Dillon Adam Loftus Then Sir William Cole's Letter which had given some Light to the Conspiracy was read as followeth Right Honorable UPon Friday last Two of the Natives of this County Sir William Cole's Letter to the Lord Justices of Ireland just before the discovery of the Rebellion Men of good Credit came to my House and informed me that Hugh Boy Mr. Tirlagh Mr. Henry O Neal a Captain which came from Flanders about May last hath since that time had the chiefest part of his Residence in Tyrone at or near Sir Phelem Roe O Neal 's House to which Place it hath been observed there hath been more then an Ordinary or former Vsual resort of People so frequent that it hath bred some Suspition of Evil Intendments in the Minds of sundry Men of honest Inclinations and these Gentlemen my Authors do say that they do hold no good Opinion of it rather construing an evil Intention to be the Cause thereof For my own part I cannot tell what to make or think of it The Lord Maguire in all that time as they inform me also hath been noted to have very many private Journeys to Dublin to the Pale into Tyrone to Sir Phelim O Neals and many other Places this Year which likewise gives diverse of the Country Cause to doubt that something is in Agitation tending to no good Ends. Vpon Saturday last one of the same Gentlemen came again to me and told me that as he was going Home the Day before he sent his Footman a nearer Way then the Horse Way who met with one of the Lord Inskillins Footmen and demanded of him from whence he came Who made Answer That he came from Home that Morning and the other replying said You have made good hast to be here so soon to which he answered That his Lord came Home late last Night and writ Letters all
sorry for having administred unto their Lordships any Occasion of so high an Offence by letting fall Words touching the Bible of the Church of England and protesteth that his Design was not to affront their Lordships or the professed Religion of this Kingdom and he did assure their Lordships That as all Catholick Subjects have ever done so he did neither refuse to swear upon the English Bible nor held himself disobliged to Answer truely whatsoever was Demanded He therefore humbly beseecheth their Lordships to Pardon his great Offonce upon this his humble Submission and Acknowledgment and to grant his Inlargement assuring their Lordships he is most willing and ready not only to depose the Truth as by his Oath he is bound in whatsoever shall be Interrogated in this particular Cause but also shall ever Pray c. Upon which their Lordships sent a Message to the Commons giving them an account of this Petition and to let them know that having given this Satisfaction they were inclined to Pardon him but will not release him out of his Imprisonment before they had acquainted them therewith according to their Lordships former Ingagement Sir Henry Vane brought up a List of the Names of such Papists as the House of Commons desired should be secured as also an Order for the Lord Admiral to set forth 4 Ships for the Service of Ireland in which they desired the Lords to joyn with them Then were read two Letters from the Lords Justices in Ireland Letters from Ireland dated Nov. 13th 1641. the one to the Lord Keeper the other to the Lord Lieutenant the Purport of which was That some Ships may be appointed to Guard the Coasts of Ireland That the Rebels have taken divers Houses and Castles That they have spoiled the County of Cavan and have made a Remonstrance of the Ground of their Revolt They desire that 10000 Foot and 1000 Horse with Arms and Munition and 100000 l. be presently sent them with a Supply of Victuals and Oats for Horses And lastly they presented an Examination of one William Shales taken the 10th of November upon Oath ministred by the Clerk of the Council of Ireland by Direction of the Board which Examination was read in the House as followeth WIlliam Shales Shales's Accusation of Sir Henry Beddingfield of Oxborough Hall in Norfolk Sergeant of the Foot Company under the Command of Sir Arthur Loftus Knight saith That about the latter End of April last he being then in Norfolk at Oxborough Hall in the House of Sir Henry Beddingfield the said Sir Henry hearing that this Examinant was lately come out of Ireland sent for him in to his Garden whither when he came he found the said Sir Henry walking with one Poole whom this Examinant supposeth was a Priest and saith That as soon as he came into the said Garden the said Sir Henry asked him whether he knew how the state of Ireland then stood To which the Examinant said That he thought that all things were quiet and at Peace there Why quoth Sir Henry doth the Army there do nothing To which the Examinant Replied That they carried themselves quietly and that any man might walk in Ireland with a Thousand pounds and a Wand only in his hand He saith also That the said Sir Henry told him That he was about to take a House in Kilkenny of one of the Butlers for that there was no safety in England for any of his Religion and asked of the Examinant Whether there were any good Hawking thereabouts To which the Examinant said That there was Then the said Sir Henry said That now his Mind was altered and that he meant to stay in England and added That he did believe that before Christmass Day next there should be seen such Combustions in England and Ireland as the like were never seen before and thereupon Cursed the Scots as Authors of these Troubles Jurat Coram nobis Ja. Ware Rob. Meredith William Shales Whereupon it was Ordered That Sir Henry Beddingfield should be sent for in safe Custody by the Gentleman Vsher of the House and none permitted to speak with him but in the presence of the Messengers and that his Study should be sealed up by the two next Justices of the Peace till the further Pleasure of the House be known Sir Thomas Barington brought up a Message from the Commons to desire that Phillips the Priest may not be released of his Imprisonment until they be first made acquainted with it To which the Lords assented and appointed the Earl of Dorset the Queens Chamberlain to give her Majesty an account of these proceedings The List of the Prime Papists who were desired to be secured by the House of Commons Next the List of Recusants Names were read which the House of Commons desire may be secured which were as follows In the County of Lancaster Mr. Preston of the Mannor Mr. Clifton of Litham Mr. Chorley Sir William Gerrard Mr. James Anderton of Clayton Sen. Mr. Blundel of Crosby Mr. Robert Cranfield of Robbs Hall Sir John Talbott Sir Cecil Trafford Mr. Hugh Anderton of Eurton Sir Alexander Barlow In the County of Stafford Sir Richard Fleetwood Baronet Mr. Jo. Wells of Horecross Mr. Dreycott of Painsley Mr. Peter Gifford of Chillington Mr. Tho. Leveson of Ashburn Mr. Francis Harcott In the County of Southampton Lord Stourton Mr. Gage of Bawbridge Mr. John Bishop of Pilewell Lord Baltimore Mr. William Owen of Abberston John Arundell Esquire In the County of Sussex Lord Viscount Mountague In the County of Warwick Robert Throgmorton Esquire Mr. Morgan of Weston Mr. William Sheldon of Weston Sir Charles Smith In the County of Montgomery Sir Piercy Herbert Knight In the County of Worcester The Earl of Shrewsbury Francis Hanford Esquire Mr. Walter Blunt Edward Sheldon Esquire Mr. William Abbington Jun. In the County of Chester Mr. Poole of Poole Mr. Starkey of Darley Mr. Stanley In the County of Monmouth The Earl of Worcester Sir Charles Sommersett Mr. Morgan of Llantern In the County of Pembroke Sir Nicholas Lewis In the County of Suffolk Sir Robert Rookwood In the County of Salop. Thomas Vnton Esquire In the County of Northumberland Roger Widdrington Esquire In the County of Northampton The Lord Brudnell Mr. Poulton Mr. Sanders In the County of Dorsett John Webb of Cansford In the County of Lincoln Sir John Thimbleby Knight Ralph Evers of Washingborough Mr. Townley of Norton Edmond Thorold of Hough Esq Anthony Mounson The Lord Harris Lord Arundel of Wardour Sir Kenelm Digby Sir John Symonds Sir John Winter Sir William Mounteth Lord Herbert Sir Robert Lyme Sir Basil Brook Sir Alexander Gordon Sir William Mounson Sir Henry Gifford After which it was Ordered That the Consideration of this List should be debated upon Munday following In the House of Commons they were still upon the great work of the Declaration of the State of the Kingdom which was not so smoothly carried but that it met with great Opposition even
speed as the weightiness of the business will permit And so He gave us all his Hand to kiss and afterwards sent Mr. Comptroller to us with this Message to be delivered to the House That there might be no publishing of the Declaration till the House had received his Majesties Answer We were all Entertained by Mr. Comptroller with great Respect and Lodged by the King's Harbinger This Day Mr. Mr. Jarvaise Hollis restored to his place in the House of Commons Jervaise Hollis who had formerly been Expulsed the House for a Speech which he made with a great strength of Reason and Courage but more heat than the Times would bear against the tame Compliances with the Scottish Army then in England was restored to his place to sit as a Member of the House of Commons The Debate about the Tumults was as it had been the day before adjourned till to morrow The Earl of Bath Reported the Conference had this Day with the Commons That they did let their Lordships know Friday Decemb. 3. Ammunition sent from the Tower for Ireland That whereas there were divers Waggons and Carts loaden with Arms and Ammunition from the Tower of London to be conveyed to West-Chester and to be Shipped for Ireland which were but slenderly Guarded therefore they desire that their Lordships would be pleased to joyn with them to move his Majesty to give Order to the Sheriffs of the several Counties through which they are to pass That they may be guarded safely to West-Chester To which the Lords agreed Also That Information was given That a Ship was lately discovered in Milford Haven loaden with Arms and Ammunition and that it is reported the Men in her be French-men but they speak English and that another Ship as they are informed is in the Haven of Aberdoney in Cardiganshire and the Men buy up the Provisions of that Country That two Men which were in that Ship they understand are now in Town Whereupon the Lords Ordered that they should be sent for to be Examined concerning this business It will possibly to some persons appear very superfluous to take notice of such trifling passages as these Informations and the Necessity of Guarding the Waggons to West-Chester but it is to be considered That as trifling as these things now may seem to be the Faction industriously pickt up all such Informations and made Extraordinary Use of these little Arts to facilitate their Great Design for now the Kingdom was to be put into a Posture of Defence as they termed it that was they intended to wrest from the King the Power of the Sword the Militia of the Nation and nothing could be more serviceable to them in amusing the People with imaginary Dangers of French Ships laden with Arms and Ammunition and French-men that speak English and consequently Fears of Forreign Invasions c. than these stories which being spread abroad and sufficiently magnified by running from hand to hand gave a Countenance to their unjust Demands of settling the Militia and puting the Kingdom into this Posture of Defence The King having acquainted the Lords That Certain Commissioners were come from Scotland to Treat with both Houses of Parliament concerning the Assistance for Ireland Commissioners of both Houses appointed to treat with the Scots Commissioners concerning Assistance for Ireland and to settle all the Condition and State of the Warr the Lords Appointed and Nominated the Earl of Bedford and the Earl of Leicester Lord Lieutenant of Ireland and the Lord Howard of Escrick and the Commons Nathanael Fynes Esquire Sir William Armyn Baronet Sir Phillip Stapleton Knight and John Hampden Esquire to be Commissioners to be Empowered by the King's Commission to Treat with the said Scottish Commissioners who were to acquaint his Majesty and the Parliament with their Proceedings before they came to any final Conclusion The Councel of the Impeached Bishops were called in to be heard in that affair who informed their Lordships The Bishops Plea and Demurrer to be argued Tuesday Dec. 7. That the Cause will not be fit for hearing until the Bishops have put in their Answers for until then there can be no Issue joyned and they conceive no Answer can be made until the Charge be particular therefore the Bishops abide by their Plea and Demurrer Whereupon the House Ordered That the Councel for the Bishops shall be heard at the Barr what they can say in maintenance of the Plea and Demurrer to the Impeachment brought up from the House of Commons against the Bishops on Tuesday the 7th of this instant December at which time and place the House of Commons or such of their Members as they shall appoint may be present if they please And a Message was sent by Sir Robert Rich and Dr. Bennet to acquaint them with this Order Phillips the Priest was this Day according to a former Order Bailed Phillips the Priest bailed upon conditions not to go to Court c. as before Two Bills were brought up from the Commons by Sir William Lewis the One Entituled An Act for the better raising and levying of Soldiers for the present Defence of the Kingdoms of England and Ireland The other For Relief of Captives taken by Turkish Pyrates and to prevent the same for the time to come Little of moment passed in the Commons House besides the reading and passing the above named Bills and Messages before recited about the Bishops c. only St. Germain the French man released the Debate of the Tumults was again put off till to morrow and Monsieur St. Germain a French-man whose close Imprisonment with strict Orders That no person should speak with him but in the presence of a Keeper c. which had made a mighty noise about the Town and so answered the design why he was taken up was this day by Order of the Commons discharged from his Imprisonment This day Sir George Whitmore Mr. Cordall Mr. Soame Mr. Gayer Several Aldermen with the Sheriffs and Recorder of London attend the King at Hampton-Court Mr. Garret Mr. Wollaston and the two Sheriffs of London being all Aldermen of the same City together with the Recorder by virtue of an Act of Common Council attended his Majesty at Hampton-Court to render him the Thanks of the City for his gracious favour done them by affording them his Royal Presence and giving so great Testimonies of his Affection and Kindness to the City They were conducted to His Majesty by the Earl of Dorset Lord Chamberlain to the Queen and Sir Peter Wiche Comptroller to his Majesty where after they had returned the Humble Thanks of the City to his Majesty for his former Favours they offered these two humble Petitions First That their Majesties would vouchsafe this Honor to the City if it might stand with their good Pleasures to make their Residence at this Season of the Year at the Palace of Whitehall The Second was That whereas since his Majesties happy Return
Captain Francis Gregory 's Company The Order was directed To all Mayors Justices of Peace Constables and all others His Majesties Officers to be Aiding and Assisting to the said James Watts with all convenient Expedition that may be afforded The like Orders of the same date was granted for taking up of 40 Men for Captain Peyton's Company by John Grey and John Tirrel For 40 Men for Lieutenant Colonel Corbet's Company by William Jenkins For 40 Men for Captain Honywood's Company by Robert Harding and Dymock Holby In the Commons House several Northern Petitions were this day presented for the Billet-Money which was engaged to be paid to the Inhabitants of those Counties where the Scots and English Armies were Quartered Whereupon Sir John Hotham Reported from the Committee appointed to Examine that matter the State of the Money and the Debt of the Kingdom by which it appeared as followeth  l. s. d. The first Two Subsidies 108672. 06. 00. The Third and Fourth Subsidies 96461. 19. 09.  205134. 05. 09. Paid out to divers Citizens of London 51507. 05. 08. To Sir John Harrison 51885. 16. 10. To Alderman Pennington 9972. 13. 10. To other Persons Members of the House 18497. 15. 08. To the Inhabitants of several Wards 45893. 13. 09. To Sir William Udal for the Army 9000. 00. 00.  186757. 05. 09. So rests of the Four Subsidies 18377. 00. 00. Of which paid for the Affairs of Ireland to be repaid out of the Citizens Loan-Money 12000. 00. 00. And to be repaid to Sir Robert Pye Sir Edw. Hales and others that lent it 2000. 00. 00. Remains 4377. 00. 00. Receipts of the Poll-money in general throughout the Kingdom 256720. 18. 02. Viz.    Poll-money paid at York 37371. 09. 10. Sir William Udal from the 7 Northern Counties 15450. 00. 00. Poll-money from Sir Rob. Pye and Mr. Wheeler 37415. 09. 02. Poll-money by the Treasurers 162195. 04. 07. In London 4288. 14. 07. Memorandum in Cash in the City of London 8 Dec. not paid to the Lenders 5596. 15. 11. Total Received upon the four first Subsidies 205134. 05. 09. Vpon the Poll-Bill 256720. 18. 02. The Composition of Old and New Customers 165000. 00. 00. Total 626855. 03. 11. Issued to Sir William Udal 339760. 00. 00. To the Scots 291361. 19. 04. To Sir John Mills for the Queen Mother 7000. 00. 00. To Colonel Goring 3000. 00. 00. To the Pay-Master at Berwick 29000. 00. 00. To the Pay-Master at Carlisle 10000. 00. 00. To Mr. Vassal for Ships to Holy-Island 170. 00. 00. To the Commissioners for the Poll-money 600. 00. 00. To the Committee in Scotland 1200. 00. 00. To O Connelly 500. 00. 00. To several Persons upon Orders 307. 09. 00. Total Issued 682899. 08 04. Total Received 626855. 03. 11. Remains in Debt 56044. 04. 05. Besides for Billet-money 64000. 00. 00. For Half Pay 26000. 00. 00. More for Billet 38000. 00. 00. Scots Arrears of Brotherly Assistance 220000. 00. 00. Peers to the City of London 56000. 00. 00. For Ireland to the City 56000. 00. 00. Total Debt 516044. 04. 05. Having thus helped to purge the Nation of some superfluous Money as appears by this Account which was in a manner wholly occasioned by the Invasion of their Reforming Brethren of Scotland they began now to think of Purging out the Loyal Members from their own House as well as the Bishops from the House of Lords And it was upon the Debate Resolved c. severally That Mr. Henry Wilmot Sir Hugh Pollard Wilmot Pollard and Ashburnham Voted guilty of Misprision of Treason and out of the House Mr. William Ashburnham and Sir John Berkley shall be accused of Misprision of Treason And it was Ordered That Mr. Wilmot who serves for Tamworth Sir Hugh Pollard Burgess for Belraston Devon Mr. William Ashburnham Burgess for Luggershall and Mr. Henry Piercy Knight of the Shire for Northumberland shall be disabled from Sitting as Members in the House of Commons and that Mr. Speaker direct his Warrants to the Clark of the Crown to issue out Writs for new Election of persons to serve in Parliament in their places It was also Ordered That Captain Legg shall be sent for by the Serjeant at Arms attending this House as a Delinquent There being this Day a Company of Watchmen Captain Legg sent for as a Delinquent Friday Decemb. 10. Parliament displeased at a Guard because not of their own appointment with Halberds about the Parliament Door It was moved that some of them might be called in to know who did command them to come and by what authority and to what purpose they come Hereupon two of the Constables were brought in and demanded the Reason why they came thither They said They came by virtue of a Warrant from the High Constable to be ready this Day to attend the Houses of Parliament because of a Riot is likely to be in Westminster Whereupon it was Ordered That the High Constable and the Vnder-Sheriff do attend this House presently In the Interim a Petition was delivered unto the House by the Lord Marquess of Hartford from the Loyal part of the Inhabitants of Somersetshire concerning the Government of the Church which was read presently in haec verba To the High and Honourable Court of Parliament now Sitting The Humble Petition and Remonstrance of the Knights Gentry Clergy Free-holders and Inhabitants of the County of Somerset Humbly Sheweth THat having with grief of Mind heard of sundry Petitions been Exhibited to this Right Honorable Assembly The Somerset-Shire Petition for Episcopacy and the Liturgy presented to the Lords by the Marquiss of Hertford Decemb. 10. 1641. by some of the Clergy and Laity about London and some Counties tending to the Subversion of the Church Government Established in this Kingdom We therefore tendring the Peace and Welfare of both do in all humbleness presume to make known our Opinions and Desires concerning the same Nothing doubting of the like good acceptance of our humble Petition and Remonstrance in this behalf being tendred with no less good Affection to the Peace and Happiness of the Church the Prosperity of his Sacred Majesty and this whole Kingdome For the present Government of the Church we are most Thankful to God belâ—eving it in our hearts to be the most Pious and the Wisest that any People or Kingdom upon Earth hath been blest withal since the Apostles dayes Though we may not deny but through the frailty of Men and Corruption of Times some things of ill Consequence and others needless are stollen or thrust into it which we heartily wish may be reformed and the Church restored to its former Purity And to the End it may be the better preserved from present and future Innovations we wish the wittingly and maliciously guilty of what Condition soever they be whether Bishops or other inferior Clergy may receive condign punishment But for the miscarriage of Governors to destroy the Government we trust it shall never
Sir Arthur Haslerig Mr. Pym Mr. Hampden and Mr. Strode by Sir William Killigrew Sir William Flemen and others in the Innes of Court and elsewhere in the Kings Name was a high Breach of the priviledge of Parliament a great scandal to his Majesty and His Government A seditious Act manifestly tending to the subversion of the peace of the Kingdom and an injury and dishonour to the said Members there being no legal charge or accusation against them The priviledges of Parliament and the liberties of the Subject so violated and broken cannot be fully and sufficiently vindicated unless His Majesty will be graciously pleased to discover the names of those persons who advised his Majesty to issue out Warrants for the Sealing of the Chambers and Studies of the said Members to send a Serjeant at Arms to the House of Commons to demand their said Members to issue out several Warrants under His Majesties own hand to apprehend the said Members His Majesties coming thither in his own Royal person The publishing of the said Articles and printed paper in the form of a Proclamation against the said Members in such manner as is before declared To the end that such persons may receive condign punishment And this House doth further declare Voted Jan. 17th 1641. That all such persons as have given any Counsel or endeavoured to set or maintain division or dislike between the King and Parliament or have listed their names or otherwise entred into any combination or agreement to be aiding or assisting to any such councel or endeavour or have perswaded any other so to do or that shall do any the things above mentioned And shall not forthwith discover the same to either House of Parliament Or the Speaker of either of the said Houses respectively and disclaim it are declared publick enemies of the State and peace of this Kingdom and shall be inquired of and proceeded against accordingly But to proceed This Morning Sir Henry Vane Sir Walter Erle Sir Sam. Rolls and Sir Simon D'Ewes were appointed to examine the Pacquet from France directed to Mr. Crofts which they did and Reported That they found nothing in those Letters of any Consequence Mr. Whittacre also Reported That he had searched the Lodgings of Sir James Hamilton according to the Order yesterday but found no Arms there as was informed Committee to Try Frivolous Informations Whereupon Mr. Long Mr. Whittaker Mr. Strode Sir Arthur Haslerig Mr. Cary Mr. Arthur Goodwin Sir John Franklyn Mr. Whitehead Sir John Evelyn Mr. Wheeler Sir John Holland Sir Robert Pye Mr. Glyn Mr. Brown Mr. Reynolds and the Citizens for London were appointed to be a Committee and they or any three of them to have Power when Informations come to be given to the House to examine them and if they find them worth the knowledg of the House to acquaint the House therewith and if they find them not of any consequence to dismiss the Business and the Parties and they have power to send for Parties Witnesses and Writings and to make searches as they see Cause and to open Doors Chests or Trunks There is nothing can make it more evident then the appointing this Committee that these People were abundantly satisfied and sensible that they were horribly imposed upon by frivolous Informations and yet they were so void either of Honor Honesty or Conscience without due Examination to impose those false Informations upon the Nation as great Truths as particularly the Lord Digbie's being at Kingston with 500 armed Men which made such a noise that the Trained Bands and Posse Comitatus were raised to disperse a Rebellious Assembly of a Coach and six Horses and the ordinary Retinue of a Nobleman but this was their Way and they were not concerned to search for the truth of their Informations but the Consequences of them and whether they would turn to Account to blacken the King and inflame the People His Majesty had sent down Captain Legg to take Charge of the Town of Hull and the Ammunition there whereupon the Commons who had before Ordered Sir John Hotham to be Governor a Committee was appointed to consider of the Bail given to the Serjeant for any Person committed by the House to the Custody of a Serjeant and to report their Opinion to the House both concerning the Bail and Persons bailed and upon their Report It was Ordered That those Lords that are Bail for Captain Legg shall be moved to bring in Captain Legg forthwith and the Serjeant is to move those Lords accordingly The Officers and Gunners of the Tower having been Summoned to attend the House Gunners of the Tower examined by the Commons and accordingly appearing it was Ordered That Sir Gilbert Gerrard Mr. Hampden Sir Robert Pye and Sir Henry Mildmay do Examine the Officers of the Tower now at the Door what Persons suspected have been lately put into the Tower and to ask them if they will all take the Protestation and to acquaint them That this House sent for them in respect that they have a good Opinion of them thinking they might have had occasion to use them but at this time they have not and so to dismiss them The House was then informed Lieutenant of the Tower at the Commons Bar. That the Lieutenant of the Tower Sir John Byron was at the Door who was called in to the Bar and kneeled there a while and then rising again delivered an humble Petition to the House which was read and it was Ordered That the Serjeant should acquaint him that the House hath read his Petition and in due time will take it into Consideration The Commons having desired the Lords to joyn with them Friday January 14. in an Order for several Counties to raise Force to Suppress the pretended Army of the Lord Digby assembled at Kingston the Lords this Day made a general Order for suppressing all Tumults and unlawful Assemblies throughout this whole Kingdom as follows WHereas Information hath been given to the Parliament Order for suppressing Tumults That the Lord Digby Son to the Earl of Bristol and Colonel Lunsford with others have gathered Troops of Horse and have appeared in warlike Manner at Kingston upon Thames in the County of Surrey where the Magazine of Arms for that part of the County lies to the Terror and Affright of his Majesties good Subjects and disturbance of the Publick Weal of the Kingdom It is this Day ordered by the Lords and Commons in Parliament That the Sheriffs of the several Counties of England and Wales calling to their Assistance the Justices of the Peace and the Trained Bands of the several Counties or so many of them as shall be necessary for the Service shall suppress all unlawful Assemblies gathered together to the Disturbance of the Publick Peace of the Kingdom in their several Counties respectively and that they take Care to secure the said Counties and all the Magazins in them And it was Ordered to be Printed and
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
Linnen rather than of Woollen-Cloth which might prejudice that Trade here he bought Flax-seed in the Low-Countries and sold it at the same Rate to such as desired it they making their Cloaths not above a Foot broad and winding 8 or 10 threads from several bottoms together the contrary was twined their Flax formerly not above a Foot became a yard in length and that soil is fit to bear it and the People love such easie Works He hath set up many Looms made much Cloth and sold it to the loss of some Thousands of pounds but when the State saw the Natives would not change their old Courses for new and better the Proclamation was declined What he did was for the Publick Good and had nothing from them that was not fully paid for To the Fourteenth he saith He refers to the Oath and Proclamation which was set forth by the said Earl and Council of State there at the instance of the Farmers of the Customs towards the defrauding of the King's Duties being in France whereof His Majesty had five eight parts He never heard any Complain of the Oath or of any that refused to take it and conceived it to be lawful divers of the Council approving it being Learned Judges of the Law to whose judgment for the legality he submitted as well in that as to other matters of like nature To the Fifteenth He denieth what is in the Article Objected but saith That about the Year 1626. certain Agents authorized in Ireland were sent into England and offered and agreed to pay to His Majesty 120000 l. in Six Years towards the maintenance of his Army and a like payment of 20000 l. per annum was after agreed and continued for Three Years longer the Assessments were made and it was shortly after by them and the Lord Faulkland then Deputy agreed in Ireland that the Money should not be charged upon Record but levied by Captains by Paper-Assignments upon Warrants from the Lord Deputy and this course was held four Years in the Lord Faulkland's time and the four years wherein the Lord Loftus and the Earl of Cork were Lords Justices there and it held for the remaining year only after the Earl of Strafford came thither but the Earl of Cork having spared those Towns for the benefit of himself and Tenants during the time of his being Justice The Earl of Strafford reduced the Assessments to what it was made by the Lord Faulkland and gave way that Sir William St. Lieger Lord President of Munster to take the same Arrerages in satisfaction of a Debt due unto him by His Majesty and he is confident no force was used in levying the same It hath been usual to lay Souldiers to levy that Contribution to send Souldiers to apprehend Contemners of Orders made at Council-Board and the like and when Out-Laws and Rebels have been in the Woods no Souldiers have in his time been laid but by the Advice of the Council there Touching the Castle-Chamber it 's a parcel of the Territory of Ideough whereto the King was Intituled by Inquisition and the Possession established in a Legal way when the said Earl was in England and no Souldiers were sent but only 12 at the intreaty of Mr. Wanesford for security of his Houses and Plantations against Rebels that then were out and burned and spoiled Houses thereabouts and neither Richard Butler's or any other Family were thence expelled by the said Earl from their Estates To the Sixteenth he saith There was such a Proposition which was just to prevent clamorous Complaints here which there might be redressed but conceives that by the Laws there and the Articles known since by the name of the Articles of Grace made about Fourteen Years since none ought to depart that Kingdom without Licence Thereupon the Advice of the State the Proclamations were set forth but not with such intent as in the Article He denied Licence only to Three the Earl of Cork the Lord Mount-Norris and Sir Frederick Hamilton To the two former in regard of Criminal Suits then against them in the Castle-Chamber To the other by special Command from His Majesty but so soon as Sir Frederick said he would Complain of the Earl he made Suit to His Majesty That Sir Frederick might come over which was granted He conceives such restraint to be necessary and if that it be not continued it will prove of Evil Consequence to that Kingdom Parry was questioned at the Council-Board for Misdemeanors and to avoid Sentence secretly went out of the Kingdom and at his return for that and other Offences was Fined and Imprisoned to the Sentence thereof he refers and knows of no other that were Imprisoned as by the Article is Charged To the Seventeenth he saith It 's like he might say for the better encouragement of the Officers and Souldiers of the Old Irish Army in discharge of their several Duties that His Majesty was so well satisfied in the way and pains they took in using and practizing of their Arms that in that Point he would set them as a Pattern to be imitated and conceives it would not be ill if they were so they being in the Opinion of those that have seen them Exercise very Able and Expert Souldiers he spake not other words or to other purpose To the Eighteenth he saith When the Earl of Cork was one of the Lords Justices he seized some Houses in Dublin pretending they belonged to Jesuits and Fryers without Legal Proceedings which upon Suits prosecuted at Council-Board were according to Justice restored to the Owners but how since imployed the Earl of Strafford knoweth not but endeavoured the utmost he could to maintain that Seizure Touching the 8000 men he saith They were raised according to the King's Warrant and that the said Earl left the Care thereof to the Earl of Ormond and others and what number are Protestants what Papists he knoweth not but believeth such a Body cannot be there raised without many Papists the greatest number of the Captains and Officers are Protestants chosen by the said Earl The 1000 man were drawn out of the Old to make Officers for the New Army and believeth the 1000 put to the Old Army are Protestants in regard by his express Order no Papist is to be admitted there a Common Soldier He never preferred any Captain Lieutenant or Ensign to be of that Army that was a Papist and conceives they are duly paid and believes those newly raised exercise the Religion no otherwise than was practised before the Earl's coming thither He was a Commissioner to Compound with the Recusants for their Forfeitures and endeavoured to be informed of the utmost value of their Estates in four years he brought that Revenue from 2300 l. to be between 11 and 12000 l. per annum more than ever was raised formerly in so short a time by which faithful dealings for His Majesty he procured the hard Opinion of the Recusants throughout the Kingdom that out of those
Earl came attended from the Tower by 6. Barges wherein were about 100 Souldiers with Partisans for his Guard and 50 pair of Oars came along with him At his Landing in Westminster he was attended by 200 of the Train-Bands who Guarded him into the Hall the Entrances at White-Hall Kings-street and Westminster were Guarded by the Constables and Watchmen from 4. of the Clock in the Morning to prevent the concourse of base idle and inferior Degrees of People who are apt upon such occasions to flock together and produce mischief and disorders The King the Queen and Prince came to the Hall about 9. of the clock but did not appear publiquely only the Prince came out once or twice to the Cloth of Estate so that the King saw and heard all that passed but was seen by none Some give the Reason of this to proceed from the received Practice of England in such Cases Others were of Opinion That the Lords intreated his Majesty either to absent himself or to be there privately lest hereafter it might give occasion to pretensions that his being there was to over-aw or some other ways interrupt the Course of Justice A third That the King was not willing to appear as an Actor in the Process till it came to his part but rather he chose to be present Incognito that he might Observe and vnderstand whether any Violence Rigor or Injustice were used in the Trial. At the Lieutenant's Entrance into the Hall the Porter of the Hall whose Office it is inquired of Mr. Maxwell Whether the Ax should be carried before him or no who answered That the King had Expressly forbidden it Nor was it ever the Custom of England to use that Ceremony but only when the Party accused was to be put upon his Jury At the Trial the Lords of the Upper House sate Covered the Members of the Lower House uncovered The Lords Spiritual were not at all present having on Saturday before absolutely declined appearing in Causa Sanguinis thô withal Entring a Protestation That their Absence should not prejudice them of that or any Priviledg appertaining to them as Lords Spiritual in Parliament The Earl of Arundel who was by His Majesty constituted and appointed Lord High Steward by Commission under the Great Seal of England sate apart by himself and all things being now in a Readiness the Managers of the Evidence standing at the Barr the Noble Prisoner was called for and being brought by Sir William Balfour Lieutenant of the Tower after an Obeysance given he came to the Barr and kneeled and after standing up the Right Honourable Thomas Earl of Arundel and Surrey Lord High Steward of England acquainted him That his Lordship was called before the Lords in Parliament to Answer to and be Tryed upon the Impeachment presented to them by the Commons House in Parliament in the Name of themselves and all the Commons of England And that their Lordships are resolved to hear both the Accusation and Defence with all Equity and therefore thought fit that in the first place his Lordship should hear the Impeachment of High Treason read which was done accordingly the Articles being delivered in by Mr. Pym. While it was reading a Chair was brought for him by the Gentleman Usher and by the Direction of the Lords he was permitted to repose himself After the Charge the Earl's Answer was likewise read which took up the whole time of the First Day The Queen went from the House about 11 of the Clock the King and Prince stayed till the Assembly was Adjourned which was about Two of the Clock and the Earl was remanded to the Tower with his Guard and appointed to appear again upon Tuesday at 9. of the Clock The Confluence of People was neither numerous nor insolent all of them Saluted him both at his Landing and Return which with a Generous Humility he did most courteously receive and return By which it is Evident how false the Rumors were which Malevolent Persons Raised that the Populace was so inraged at him that they would go near to tear him in pieces The Multitude is an Unruly Animal but yet certainly Report does in these cases encrease the Danger and a Tumult is not altogether so insensible of punishment as not to fear it notwithstanding Numbers seem to plead an Exemption from it and to frighten Justice from her Seat But this sluggish Creature the Mobile is then certainly most Dangerous when like the Unstable Element it does Resemble it is raised by the Turbulent breath of Sedition to overflow the Bounds of Duty and outrage all that is called Justice and there wanted not such spirits who by spreading these Rumors of the Discontents of the People taught them to be Discontented and by predicting of Disorders learnt at least their own Faction to know what was Expected from them upon Occasion and how calm soever the People seemed to be yet the Conclusion of this Tragedy will make it appear that some Persons had Tumults at Command and could upon Occasion raise the dangerous Tempest of the Madness of the People not inelegantly coupled with the Raging of the Sea by the Royal Prophet Upon Tuesday in the Morning the Earl came accompanied as before to Westminster The Second Day Tuesday March 23. and having stayed in the Exchequer Chamber till 9. of the Clock the King Queen and Prince being come and that High and Illustrious Court being set he was again brought to the Barr and the Lord High Steward having commanded the Committee of the Commons who were to manage the Evidence to proceed Mr. Pym in a large and studied Oration full of Hyperbolical Figures and Insulting Eloquence opened amplified and inforced the Charge by raveling the Answer of the Earl to his Articles of Impeachment in manner following My Lords WE stand here by the Commandment of the Knights Mr. Pym's Speech at the Trial of the Earl of Strafford March 23. Citizens and Burgesses now Assembled for the Commons in Parliament and we are ready to make good that Impeachment whereby Thomas Earl of Strafford stands charged in their Name and in the Name of all the Commons of England with High Treason This My Lords is a great Cause and we might sink under the weight of it and be astonished with the Lustre of this Noble Assembly if there were not in the Cause Strength and Vigour to support it self and to encourage us It is the Cause of the King it concerns His Majesty in the Honour of His Government in the Safety of His Person in the Stability of His Crown It is the Cause of the Kingdom It concerns not only the Peace and Prosperity but even the Being of the Kingdom We have that piercing Eloquence the Cries and Groans and Tears and Prayers of all the Subjects assisting us We have the Three Kingdoms England and Scotland and Ireland in Travail and Agitation with us bowing themselves like the Hindes spoken of in Job to cast out their Sorrows Truth
things as may advance the King's Service and that from them it passes to the Lord Keeper or Chancellor That he gave no Directions about it nor was any proof offered that he did as to the Execution he never did Act nor stay a minute as President after that Commission granted which appears by the Date which was 21 March 8 Car. and he went towards Ireland July following and being neither privy to the taking out the Commission nor Execution he appealed to their Lordships and the Gentlemen of the House of Commons Whether he could be Criminal That if there be an Error in a Judge so that he gives a Sentence otherwise than a man of better Vnderstanding conceives Reason for there is no cause it should be heightned to a Treason to take from him his Life and Honor merely because he was no wiser That what Mr. John Gore speaks to is not in his Charge That to what Musgrave deposeth he can say nothing but by way of Divination that he is but a single Witness speaks not to the Charge that what he sayes will hardly convince a man of a Trespass it being Grounded on a Rule in our Law Boni Judicis est ampliare Jurisdictionem as far as in Reason and Justice they may As to Thorp's Testimony which he speaks to was before the Commission 8 13 Car. and so is not within the Charge This he proved Witnesses for the Earl Slingsby Railton and Little that from July 8. 1633. he was out of England and returned not till 1639. by Mr. Slingsby his Secretary Mr. Railton and Mr. Tho. Little but not upon Oath To this the Managers rejoyned That whereas he said the Charge is not Treason if the Fact appear satisfaction will in good time be given That though this particular is not Treason yet all the parts of it amount to the subversion of the Laws of the Kingdom that is prest as Treason and this as an Evidence Then they fell upon that Expression in the charge Art 2. that at a Publick Assizes he should say That some of the Justices were all for Law and nothing would please them but Law but they should find that the King 's little finger should be heavier than the Loins of the Law This they indeavoured to prove Witnesses William Long Sir Thomas Leyton Marmaduke Potter Mr. William Long deposed That he heard him say the words Sir Thomas Leyton deposed the same and the deposition of Marmaduke Potter deceased since his Examination was read being to the same words To this he answered He could not possibly be guilty of the words as laid in the Charge which sayes it was August after the 21 March 8 Car. at what time he was in Ireland but he would not stand upon Niceties that truth might appear that the words he spoke were That the little finger of the Law was heavier then the King's Loins which agrees with the eccasion for Sir Thomas Leyton Sherriff Levying with great rigor some Knighthood-Money which was paid before but by some Error above sent down again upon which he desired Sir Thomas to return the Money and he would see him discharged in the Exchequer it being so great an Injustice to the Persons and to satisfie the Country he told them the Commission was of Grace and Favour applying those words before recited that none of the Witnesses took notice of the Occasion Dr. Duncomb being demanded what he knew deposed for the Earl Witnesses Dr. Duncomb for the Earl Sir William Pennyman That Sir Edward Stanhope told him in the presence of divers that my Lord had said That speaking of the Prerogative as easier then the Common Law he heard him use the words before recited But Sir William Pennyman positively averred it to be as my Lord had declared at which the managers took great Exception saying He did his duty well being a Member not to inform the House before The Earl desired he might not be prejudiced for his Testimony professing he would put himself upon God's Mercy and not make use of any member of either House though his principal Witnesses were of them rather than be guilty of the Injustice of overthrowing another to save himself Then Sir David Fowles was offered as a Witness but my Lord excepted against him being then a Prisoner in the Fleet at my Lord's Suit But he was over-ruled the Evidence being for the King He deposed positively That he heard the words but the occasion he did not remember but being interrogated as to the occasion a little after he answered That before my Lord went to Ireland he made a Speech to the Countrey and desired them to go on in their Service and to break out in these words which as it contradicted the former Evidence as to the Occasion so he contradicted himself saying but just before he could not well remember the Occasion Sir William Ingram deposed the words but could not remember the Occasion To this the Earl replied That admitting the words spoken Sir William Ingram yet they were not Treason and referred that as a point of Law in due time to be argued by his Councel and the Managers adding they had proved the Fact the Court adjourned This day they proceeded to the Third Article Thursday March 26. The Fourth Day That the Earl should say That Ireland was a Conquered Kingdom and the King might do with them what he pleased That the Charters of Dublin were nothing worth and did bind the King no further than he pleased The Earl moved that he might add something material to what was spoken yesterday the Manager opposed it as contrary to Order The Earl said it was a Court of Honour and a Rule to it self alledging the disadvantage of suddain Answers but it was denied him Then he moved the Witnesses might not stand with the Committee but apart as in other Courts which was also denied Robert Kennyday was produced Robert Kennyday but the Earl objected against him as a person Sentenced for Misdemeanors in his Office of Remembrancer saying It was his great Misfortune that all that have suffered under the King's Justice in his Ministry are ready to be Witnesses against him But the Manager replied If he was guilty of Extortion yet not of Perjury So he was sworn and deposed positively that he heard the words Sept. 30. 1633 spoken at the Presenting a New Mayor of Dublin The Earl of Cork was sworn against whom the Earl Excepted Richard Earl of Cork in regard of an Information against him which under his hand and Seal he had confessed and acknowledged himself in the King's Mercy for which he might be supposed to be displeased at him for something done in that Cause To this it was said the reflection was unfit the Earl of Cork being a Privy-Councellor so he was admitted He said he came over with a Resolution not to complain and left his Papers behind him that he might have no temptation to it but
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
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
the said Counties respectively or otherwise sufficiently Armed and furnished as you in your discretion shall appoint and require And he did not send to pay money but to relieve them by turns and if they found it for their Ease they might do their duty which by Common Allegiance is due or be at the Charge to have it done for them And then he insisted upon another Clause which is according to the Statute of 11 H. 7. in these words And further Our pleasure is and we do give and grant for us our Heirs and Successors That whatsoever you or any other person or persons of what degree soever by your Commission Warrant or Command shall do by Virtue of this Our Commission or Letters Patents or according to the Instructions aforesaid or the purport of this Our Commission touching the Execution of the Premisses both you and the said persons in shewing forth these our Letters Patents or the Constat or Inrollment thereof shall be discharged and acquitted against Us Our Heirs and Successors and freed from all Impeachment and other molestation for the same And therefore if he erred he hopes he is to be Excused for this purpose citing part of the Statute of 11 H. 7. THe King our Soveraign Lord Part of the Statute of 11 H. 7. recalling to his Remembrance the Duty and Allegiance of His Subjects and that they by reason of the same are bound to serve the King for the time to come in His Wars against every Rebellion and Power and Might c. and whatsoever falls against the mind of the Prince and that it is against all Law Reason and Conscience that attending His Person or being in other places of His Command any should lose or forfeit for doing their true Service and Obedience Be it therefore Enacted c. That from henceforth no manner of Person or Persons whatsoever that attends the King in His Person and do Him true Allegiance in His Person or be in other places in His Wars for the said Deed or true Duty he and they shall be any way convicted and Attainted of Treason nor of any other Offence by any Process of Law whereby he shall forfeit Lands Goods Tenements c. and shall be for that Deed and Service utterly discharged of any Vexation c. So that as he conceives having done nothing but for the good of his Majestie 's Service the preservation of the Countrey whatever he may have offended he hopes by the Act of Parliament and his Commission he may appear to their Lordships Justice and Compassion to a man that may Err acquitted of the Charge of High Treason For the words That Refusers were guilty of little less then High-Treason that taking it as he said for a denial of Common Allegiance it is no small Crime but it is only a single Testimony for which he takes himself not to be accomptable Mr. Maynard replyed Managers Reply That he had in stating his Case encreased not diminished his Fault for that the consent of some Gentlemen and Free-holders could not bind the rest and it is no legal way to raise money by Warrant much less by Force That he had no consent of the Lords for what he did as he pretended His Commission speaks not of money and the Statute is not to his Case it being for service on their Allegiance due to the King and levying Money Illegally is no part of that service That he did not first require men to serve but first pay and if not menaces them with Service as appears by the Warrants And to the single testimony of Sir William Ingram concerning Treason for non-payment they produced Mr. Cholmley who deposed That his Lordship said Mr. Henry Cholmley We are all tyed to serve the King in our own Persons and they that refuse are in little better case then Treason and punishable in the Star-Chamber And as he sayes the Warrants were not his it is evident they were by his Command Mr. Whitlock observed That what my Lord pleads in his Justification are sufficient grounds for his Condemnation for affirming necessity absolves the King from Rules of Government and that subjects may be taxed without assent of Parliament are expressly against the Fundamental Laws and a Course to introduce Arbitrary Government My Lord desired to speak to Mr. Cholmley 's Evidence which was new matter which he said differed from Sir William Ingram 's One sayes if money were not paid it was little better c the other he that denies his Allegiance is in little better case than Treason and punishable and for the assuming by his Commission to raise Taxes God forbid he should say or think such a thing but only to call men to perform their Duty for preservation of the King and Countrey He offered then something as to Sir William Penyman 's Warrant which he said was issued by him and the Deputy-Lieutenants Mr. Maynard replyed This was no colour of answer because a Man must serve in person therefore money must be required else he must be brought by head and shoulders to serve in person and offered a Warrant of Sir Edward Osborn 's made upon peril of Life and that all that can be imprisonment levying money charging upon peril of life levying of Goods hath been put upon the Subject Mr. Glyn added That the direction was his the execution others that Gogan 5. R. 2. was accused of Treason for forcing a man to enter into Bond which is not so much as forcing payments on the King's Subjects Then Sir Edward Osborn 's Warrant was read attested by Mr. Cholmley to be the Original in these words VVHereas His Majesty is informed Sir Edward Osborn's Warrant for Levying money that the Regiment under Command of Colonel Cholmley is set forth with little Money which expresses great disaffection to His Majesties service and wilful neglect of your own and the whole Kingdoms safety the Scotch Army having taken Newcastle and being on their march towards these parts These are therefore to Will and require you in His Majestie 's Name and by His special Command to raise and cause to be raised by the Port Constable or otherwise as you shall think best the summ of 20 s. 8 d. at least for each common Soldier 's belonging to such Towns or Parishes to send the same immediately to York to be delivered to the Colonel for Pay and Supply of the said Soldiers and likewise to charge and command all and every person and persons who find private Arms or contribute thereunto for thwith to send the like summ at least to York to be disposed as aforesaid And in case any of them refuse to contribute you are required by like Command to certifie me the Names of such refusers that a Messenger may be sent to bring them hither to serve in person and be severely punished according to the Quality of so high an offence seeing the safety of His Majestie 's Person and the safety of
I shall first give you an Accompt of the words wherewithal I am Charged forth of Ireland and the first words are in the Third Article where I am Charged to have said That Ireland is a Conquered Nation and that the King may do with them as he pleaseth And to the City of Dublin That their Charters are nothing worth and bind the King no farther than he pleaseth These are the words Charged My Lords methinks it is very strange under favour that this can be made an Inducement to prove this Charge because I said That Ireland is a Conquer'd Nation therefore I endeavour to subvert the Fundamental Laws when I speak the Truth for certainly it is very true it was so My Lords under favour I remember very well there was as much said here at this Bar since we began and yet I dare well Swear and acquit him that spake it from intending to Subvert the Laws For my Lords you were told and told truly That Ireland was a Conquered Nation and that it was Subordinate to England and God forbid that it should be otherwise and that they have received Laws from the Conqueror My Lords the words testified by my Lord Gormonstone and Kilmalock to be spoken are not the words wherewith I am charged and so under favour I conceive cannot be brought to my prejudice as to this Tryal and they are words that are denied by me For my words concerning their Charters your Lordships remember very well I doubt not wherefore I said they were void For their misuse of them and that I told them so not with the intent to overthrow their Patents or Charters but to make them more conformable to those things that the State thought fit for encrease of Religion and Trade and encouraging and bringing English into that Town And that it was meant so and no otherwise Whatsoever was said it appears by this their Charters were never touched nor infringed nor medled withal by me during the time I was in that Kingdom so that words so spoken and to such a purpose that they should go to prove such a Conclusion I conceive there is great difference betwixt those Premises and that Conclusion The next Charge for words in Ireland is in the Fourth Article where I am Charged to have said That I would neither have Law nor Lawyers Dispute or Question my Orders and that I would make the Earl of Cork and all Ireland know That as long as I had the Government there any Act of State should be as binding to the Subjects of that Kingdom as an Act of Parliament My Lords I humbly beseech your Lordships to give me leave to say for my self that these words of the Charge are only sworn by my Lord of Corke and no man else and his Lordship appeared a little mistaken the other day in one point on the Reading of an Order of the Council-Board for so it appears as I conceive so that for one single Witness and he the Party Aggrieved by these words to be the Man that must convince me I conceive your Lordships will not think that to stand with the ordinary Rules of Proceeding For the rest to say Acts of State in Ireland should be binding so long as they are not contrary to Law I confess I then conceived it had been no Offence for I thought them to be as binding being not contrary to Law but the Elder we grow the wiser we may grow If God give us the Grace and Attentions and so I trust I shall by these Gentlemen that have taught me to forbear those kind of Speeches hereafter My Lords These are all the Words charged against me for Ireland saving only some things that I shall come to anon that is Charged upon me in one of the latter Articles concerning Scotland I say my Lords these are all the Words that have slipped from me in Seven years time having been well watched and observed as your Lordships may perswade your selves I have been But in seven years time I say these are all the words brought to my Charge and in truth I conceive a wiser Man then my self might be forgiven for one Error or slip of his Tongue of that Nature in a years time seeing it is no greater measure God be praised than these are My Lords these being the words that passed from me in Ireland there are other words that are charged upon me to have been spoken in England but if your Lordships will give me leave though perhaps in no very good method I shall not fail to touch first or last the words in every Article The next Article then that I am charged withal for words is the second Article and these are the words that I should say concerning the Finger and the Loins My Lords I may alledge much new matter but I will observe your Lordships Order punctually by the Grace of God for what I may say in that case if it might be admitted I keep it to my self but the truth is they that do prove the words to be thus That I would make the little finger of the Law heavier then the King's Loins they do not tell you the occasion of the Speech or what went before or what after for my Lords if they had told the occasion which methinks they should as well have remembred as the words it would plainly and clearly have appeared to your Lordships that Sir William Pennyman's Testimony was most true for the occasion was such that to have said those words had been to have spoken against that to which I intended the discourse but speaking them as I said it makes very strong for that purpose to which I directed them which was to appease the Countrey and quiet the Discontents for having been double charged with the Knight-money and therefore it was not proper by threatning them further to have provoked them My Lords you have Sir William Pennyman's Testimony that it was so and my profession who under favour will not speak an untruth to save my life I protest before God that I say I verily believe or else I will never speak it indeed and there it is they have proved it to have been said one way we another way we give the occasion of our Speech and disavow theirs and so we must leave it and howsoever these words so spoken can never be drawn as I humbly conceive as Premises to prove their Conclusions that therefore I am guilty of High Treason they have made me guilty of a foolish word and that I confess and if they please I will confess it all the day long for I have been foolish all the days of my life and I hope hereafter I shall look unto my ways that I offend not with my Tongue for if I cannot rule it abroad I will rule it within doors else I will never stirr abroad but bound it so to my own business and affairs that I trust I shall give no offence The next Article that chargeth me with words
leave to tell you what we might have shown and are ready to show we could have made it express and proved it by Notes taken by Secretary Vane the 5th of May when the words were spoken which Notes should have been proved if we had proceeded on the Three and twentieth Article to corroborate the Testimony of Mr. Secretary Vane and that by two Witnesses We could likewise have shown how we came to the knowledg of it it being by means unknown to Mr. Secretary Vane and have made him an upright Counsellor and Witness but we shall prove his intentions to bring in the Irish Army another way when I come to open my own course and method My Lords he pretends these words were spoken the 5th of May but when they were testified by Mr. Treasurer he did not speak of the 5th of May and yet now my Lord remembers the day and I wonder how he came to the knowledge of the day unless he likewise remembred the words But that my Lord observes is That being spoken then how should he perswade the King that he had an Army in Ireland when in truth he had none there for the Army was not on foot till a month after This my Lords is plainly answered and if he had thought of his own answer he had answered himself for he tells you That in April before he had taken a course for the levying of the Army he had nominated the Officers giving direction for raising it and the day of the Rendezvous of the Army was appointed the 18th of May. And so in his own answer he makes an answer to the objection and the objection is taken away out of his own confession From that Article he falls to the Seven and twentieth Article whereby he stands charged with Levying Money by force upon the King's People in Yorkshire he is pleased to observe that all the proof for the maintenance of that Article is only the levying of Money by four Soldiers by Sergeant-Major Yaworth where he is pleased to disdain the War because it was so weak yet it was too strong for them God help them that were forced upon pain of life to pay it And whereas he pretends the Warrant was not from him I shall reserve that till I come to the Article and when I come to the proofs I believe it will remain fixed upon him And there he left his Statute-Treason and now he falls to the second kind of Treason and that was the introductive or constructive Treason He begins with the Third Article that is concerning some words that he should be charged to have spoken in Ireland and I shall desire that your Lordships would be pleased to look upon your Notes how he answers that Article My Lords says he I am charged to say that Ireland was a Conquered Nation and that their Charters were nothing worth and bind the King no further than he pleaseth therefore I am a Traytor because I speak the Truth There was his Answer in his Collection And for their Charters he says He might very well say so for he intended it no otherwise but according to the validity of them for they were several ways questionable and ought not to bind unless they were good in Law But if you look upon his Arguments he hath like a cunning Orator omitted the principal part of the Article and that is That Ireland is a Conquered Nation and they were to be governed as the King pleaseth the King might do with them what he list this he omits although they be proved by three Witnesses and are appliable to his intentions fully yet he could make use of so much as makes for him and leaves out the rest like your Lordships know whom Then he descends to the Fourth Article and this concerns some words he should speak upon an occasion betwixt him and my Lord of Cork that he should tell my Lord of Cork He would have neither Law nor Lawyers dispute or question his Orders And upon another occasion That he would make my Lord of Cork and all Ireland know That all Acts of State which are Acts of Council there made should be as binding as any Act of Parliament This he said was proved but by one Witness and I extreamly marvel to hear him say so for the latter words we proved by four or five or six Witnesses that is That he would have Acts of State as binding as Acts of Parliament Whereas he sayes these are all the words produced against him in the time of Seven Years Government there your Lordships have heard of many words and if we would trouble your Lordships further in this kind we could prove such words spoken as often almost as he remained dayes in Ireland that is for the mis-recital The other part two Witnesses proved but the residue That they must expect Law from the King as a Conqueror That Acts of State should be equal to Acts of Parliament and when an Act of Parliament would not pass he would make it good by an Act of State These speeches at other times were proved by five Witnesses Then he falls back to the Second Article touching the words That the King 's little finger should be heavier than the loins of the Law My Lords These words were proved expresly by five Witnesses to be by him spoken and if he had produced five hundred that had said he did not speak them they had not been equivalent to disprove five but he produces none Sir William Pennyman repeats other words and inverts them and none but he Another party a Minister reports a report that he heard concerning these words but my Lord he saith the occasion of the speaking of them was not mentioned Truly perhaps it might be the forgetfulness of my Lord's memory but let me put him in mind and your Lordships remember that the occasion was exprest by one and that is Sir David Fowles that he laying a Command upon Sir David to Repair a Bridge and calling him to an account why it was not repaired Sir David Fowles told him he could not do it by Law And therefore omitting it my Lord said to him Sir some are all for Law and Lawyers but you shall know that the King 's little finger will be heavier than the loins of the Law Here is the occasion though he would have another business the Knighting Money to be the occasion From the Second he falls to the Three and twentieth Article that is concerning words that he should counsel His Majesty that he might use His Prerogative as he pleased but in saying there was no proof offered he here begins to fall upon the other fallacy that is to pull things asunder whereas we produce them together and would make that which is a Fagot to be but a single Stick but under favour when I come with your Lordships patience to open the force of the proofs and put them together he shall find contrary to his expectation that they are fully
now he had his Sword in his hand Sir Robert King proves it so My Lord Ranalagh discovered the smoke of the fire that he had just cause to suspect and on good grounds I am sure and if the Commons of England had not just cause to suspect him as I believe he is convinced they had good cause what is the reason this suspition should be entertained at that time my Lord of Strafford being not then questioned for it and yet my Lord Ranalagh should say Shall we turn our Swords upon our own bowels Shall we bring this Army to turn the points of our blades upon that Nation from whence we were all derived and that was before any conference with Mr. Secretary Vane Sir William Pennyman himself his own Witness and Friend says at York before my Lord of Strafford was questioned that there was a common fame of bringing the Army into England and there is something in that surely and after all this to produce one Witness that expresly proves the very words spoken in terminis as they be charged if your Lordships put the whole together see whether there be not more than one Witness And under favour my Lord Cottington if you call to mind his Testimony I must justify he did declare That he heard my Lord of Strafford tell the King That some reparation was to be made to the Subjects Property which must infer he had advised an Invasion upon the Property else by no good coherence should a reparation be made And that he testifies this I must affirm and most here will affirm it and I think your Lordships well remember it and that is an addition to it for if your Lordships cast your eye upon the Interrogatory administred to my Lord Admiral and my Lord Cottington that very question is asked so that his own Conscience told him he had advised something to invade upon the People when he advised to a restitution after things should be setled and so I refer it to your Lordships consideration whether here be not more than one witness by far It is true he makes Objections to lessen this testimony First That this Army was to be landed at Ayre in Scotland and not here and this was declared to Sir Thomas Lucas Mr. Slingsby Sir William Pennyman and others Secondly That others that were present when the words are supposed to be spoken did not hear any such words For the first Perhaps the Army might be originally intended for Scotland and yet this is no contradiction but he might intend it afterwards for England surely this is no Logick that because it was intended for one place it could never be intended for another place so his allegation may be true and the charge stand true likewise Beside that it was intended originally for Scotland what proof makes he He told several persons of the design but I will be tryed by himself he told some it was for Scotland he told others it was for England and why you should believe his telling on one side more than on the other side I know not though he pretends a reason of his several allegations that the world should not know his design but if you will not believe him one way why should-he be believed the other way and if not the other way why the first way For the Second Several persons were present when the words were spoken touching the Irish Army and they were examined and remember not the words but one man may hear though twenty do not hear and this is no contradiction at all for those persons whom he examined the Lord Treasurer Marquis Hamilton my Lord Cottington did not hear the words that are proved by two Witnesses concerning the Kings being loose and absolved from Rules of Government and if they did not hear those words no marvel they did not hear the other and therefore that which he himself pretends to be a convincing testimony is nothing at all so that his objections are clearly taken away and the single testimony fortified with testimonies that make above one witness and so the words are fully proved But to fortify the whole I shall handle all these Articles together This design to subvert the Law and to exercise an Arbitrary Power above the Law in this Kingdom will upon the proofs putting them all together and not taking them in pieces as my Lord of Strafford hath done appear to have been harboured in his thoughts and setled in his heart long before it was executed You see what his Counsels were That the King having tryed the affections of his People was loose and absolved from all Rules of Government and might do every thing that power would admit and His Majesty had tryed all ways and was refused and should be acquitted of God and Man and had an Army in Ireland wherewith if he pleased he might reduce this Kingdom so there must be a trial of his People for Supply that is denyed which must be interpreted a Defection by refusal and this refusal must give advantage of necessity and this necessity must be an advantage to use his Prerogative against the Rule of the Law and consent of the People this is his advice which shews that this very thing that happened did harbour in his thoughts long before the breach of the Parliament and the occasion of the Army Your Lordships have heard it confessed by himself That before this last advice he had advised the calling of a Parliament To the Parliament a proposition of Twelve Subsidies was made for supply and which may be spoken with great assurance before they had consulted or given any resolution to that proposition the Parliament was dissolved upon a Supposal that the Supply was denied Now that this was pre-designed by my Lord of Strafford himself I beseech you observe these things following that is The words in the Two and Twentieth Article That His Majesty was first to try the Parliament and if that did not supply him then he would serve the King any other way His words are proved by Mr. Treasurer That if the Parliament supplyed him not he would serve him any other way and this is before the Parliament set now if your Lordships hear the proofs of my Lord Primate which my Lord of Strafford slights taking it singly my Lord Primate before the Parliament was called when my Lord of Strafford was in Ireland and not yet come into this Kingdom testifies my Lords saying That if the Parliament will not supply His Majesty the King was acquitted before God and Man if he took some other course to supply himself though against the will of the Subjects I beseech your Lordships observe how he prophesies these things must come to pass and advised them accordingly My Lord Conway testifies that before the Parliament sate my Lord of Strafford said that if the Parliament would not supply His Majesty the King was acquitted before God and Man if he took another course to supply himself though it were
against the will of the Subject and he doubts not but the Parliament would give What Twelve Subsidies and your Lordships very well remember Twelve were propounded but I beseech you observe the coherence of all the Parliament must be called they must be tryed if they deny there is necessity and this necessity is a Warrant for the King to proceed so that my Lord of Strafford must be judged to be either a Prophet or to have this design beforehand in his thoughts Now the Parliament being broken before answer to the Demand given he vents his Counsel in the Three and twentieth Article and how far it is proved your Lordships have heard Now comes the Bullion to be seized the Copper-money to be advised and now comes he to tell the King that the Aldermen of London must be put to Fine and Ransome and laid by the heels and no good would be done till some of them be hanged so you hear his advice I beseech your Lordships observe what success this advice took Four Aldermen were instantly committed and then the Counsel of the Three and twentieth Article is fomented First He foments the War then there is a necessity the defection of the Parliament must set the King loose from rules of Government and now see whether the occasion of the War the calling of the Parliament the dissolving of it be not adequate to what he propounded to himself namely to set up an Arbitrary Government Your Lordships remember how fresh my Lord of Bristol's memory is touching my Lord of Strafford's opinion upon the dissolution of the Parliament how he declared unto my Lord of Bristol instantly within three or four dayes after That the King was not to be mastered by the frowardness of his people or rather of some particular persons and your Lordships remember Sir George Wentworths words spoken the very day of dissolving the Parliament which may be very well applyed as a concurrent proof to his intentions of bringing the Army into England He was my Lord 's own Brother that knew much of his Counsel and his words are That the English Nation would never be well till they were conquered over again So my Lords put all together if he declared his own intentions if actions in executing this Tyrannical and Arbitrary Power if Counsels of as dangerous consequence in as high a strain as can be be not a sufficient Evidence to prove an intention and desire to subvert the Law I know not what can prove such an interpretation and now I refer it to your Lordships judgments whether here be not a good proof of the Article laid to his Charge My Lords in the Seven and Twentieth Article he is charged with levying of War upon the King's People by forcing them in Yorkshire to pay Money to prove they were so forced you have heard by two Witnesses that Sergeant-Major Yaworth by Musquetiers four together in the Town and one by one out of the Town did compel them to pay the fortnights contribution else they were to serve in person That he did this by Warrant is likewise confessed by Sir William Pennyman and whether this were an authority derived from or commanded by my Lord of Strafford that is the question and my Lords it is plainly proved that it was commanded by my Lord of Strafford for Sir William Pennyman himself being examined alledged that the Warrant was made in pursuance of the relation and direction made by my Lord of Strafford Your Lordships heard what my Lord of Strafford did say before-hand as is proved by two Witnesses Sir William Ingram and Mr. Cholmley that this Money should be paid or levyed on the Subjects Goods Then his Declaration to Sir William Pennyman in pursuance of which he made his Warrant that it was the assent of the Lords of the great Council that this Money should be levyed and taking all together whether it fixes it not upon him to be the Author and Instrument it rests in your judgments in point of Fact and so I suppose the Seven and twentieth Article rests on him and so I shall conclude the Evidence produced on the behalf of the Commons And now give me leave to put your Lordships in mind of some Evidences offered by my Lord Strafford himself in his Answer and in the passages of his Defence for his clearing and justification but tending directly to his condemnation I will enter upon some passages he mentioned to day and often before When he is charged with invading the Estates of the Peers of the Kingdom of Ireland and determining them upon Paper Petitions in an Arbitrary way your Lordships have heard him speak it before and repeat it this day That he did it out of Compassion for the more expeditious proceeding on behalf of the poor against these mighty But then my Lords I beseech you compare some other part of his Proceedings Your Lordships remember the business of the Flax which concerns the poor wholly and universally and if compassion had been the rule and direction of his Actions towards the poor surely this would have been a just cause to have commiserated them in this case but he exercised his power over them and over them wholly and over them universally and therefore it shews it is not his compassion to the poor nor respect to the rich or mighty that will any way restrain or obstruct his ways to his own Will And therefore you may see what truth there is in his answer by comparing one part of the Charge with another when the business of the Flax brought that calamity upon the King's Subjects that Thousands of them perished for lack of Bread and dyed in Ditches Secondly Your Lordships have often heard him use a Rhetorical insinuation wondring that he should be charged with words and they strained so high as to be made Treason to question his Life and Posterity though the words might be spoken unadvisedly or in discourse or by chance Your Lordships remember the Fifth Article touching his proceedings against my Lord Mountnorris where words were spoken in an ordinary discourse at dinner and slight ones God knows of no consequence at all such as another man would scarce have hearkened after and yet my Lord extends them to the taking away of my Lord Mountnorris his life gets a Sentence of Death against him and that against Law with a high hand in such a manner as I think your Lordships have not heard the like and therefore I beseech you compare one part of his Answer with another and see how ready he is to make use of any thing that may excuse himself and yet when he comes to act his power you see his exercise of it You have heard how he magnifies his Zeal for advancing the King's Benefit and Revenue and his care of his Service and would shelter and protect himself under it to justifie an exorbitant action but if your Lordships call to mind the business of the Customs for Tobacco which in truth
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
That he could scarce tell how to acknowledg that to be a City or almost a Society of Men where there was so little Civility and Government The Mayor told him The People were discontented because Mass was publiquely said in his House The Ambassador replied That the English Ambassador had without disturbance the free Exercise of his Religion at Madrid and that he would rather lose his life then the Priviledges due to him by Paction and the Laws of Nations The Mayor replied That the People were the more incensed against him because the Londoners who were of the Popish Religion were permitted to frequent his House at Mass which was contrary to Law To this the Ambassador said That if the Mayor would keep them out he would send for none of them but if they came within his Doors he could neither in Conscience to his Religion or Honour to his Master deny them either access to his Devotions or protection to their Persons so far as in him lay In short a Guard was appointed to attend his House to prevent further inconveniences and to keep the Ambassador from Affronts and the People from frequenting Mass But this Storm was no sooner over but upon Monday it began to rise again with far greater horror and Impetuosity and it must be imputed to the Artifice of the Earl of Strafford's Enemies who by this means were resolved to terrifie the Lords into a Compliance for in truth the Bill of Attainder went on very slowly in the Lords House and had they not been driven from their House by the Insolence and Menaces of the Tumults it had never come to the Royal Assent To quicken some therefore and affright others 5 or 6000 Porters Carr-men and other Dissolute and Rude Fellows assembled upon Monday after the Noise of the King's Speech was bruited abroad the Town and having filled the Pallace Yards and posted themselves at all the Entrances to the Parliament-House they stopped every Coach crying out Justice and Execution and upon a sign given that Justice and Execution was the noble Word they sent forth such hideous Cries as were enough to create amazement in persons of the greatest Constancy The Lord Steward coming by his Coach was stopp'd and some of the most insolent stepping to him demanded of him Justice and Execution and told him Justice they had already Execution they desired and would have it He answered them They should have Justice if they would have Patience To which they replied No they had already had too much Patience longer we will not stay and before you part from us we will have a promise of Execution He told them he was going to the House for that purpose and that he would Endeavour to content them Whereupon some of them cried We will take his word for once and so with difficulty enough he got to the House The Lords sate till Twelve of the Clock and most of them went back by Water and when the Lord Chamberlain the Earl of Holland came out to take Coach they redoubled their Cry and coming up to the Earl of Bristol's Coach some of them told him For You my Lord of Bristol we know you are an Apostate from the Cause of Christ and our Mortal Enemy we do not therefore crave Justice from You but shall shortly crave Justice upon You and your false Son the Lord Digby Nor did they stop here but having gotten a List of those who Voted against the Bill of Attainder in the House of Commons they pasted up their Names at the Corner of the Wall of Sir William Brunkard's House in the Old Pallace-Yard giving them the Title of Enemies of Justice and Straffordians adding withall this insolent Menace That these and all other Enemies of the Common-wealth should perish with Strafford This Popular Revenge however has done this kindness to those Gentlemen who durst so boldly adventure the Protection of Innocence that it has conveyed their Names down to Posterity which in after Ages will look upon them with the greater Honour and Veneration for the Indignity put upon them by the Rude Multitude They were these The Lord Digby Lord Compton Lord Buckhurst Sir Robert Hatton Sir Thomas Fanshaw Sir Edward Alford Nicholas Slanning Sir Henry Slingsby Sir William Portman Mr. Gervas Hollis Mr. Sydney Godolphin Mr. Cook Mr. Coventry Mr. Kirton Serjeant Hide Mr. Tayler Mr. R. Weston Mr. Griffith Mr. Scawen Mr. Bridgman Mr. Fettyplace Dr. Turnor Sir Thomas Danby Sir George Wentworth Sir Frederick Cornwallis Sir William Carnaby Sir Richard Winn Sir Gervas Clifton Sir Will. Widdrington Sir William Pennyman Sir Patricius Curwin Sir Richard Lee Mr. Pollard Mr. Price Mr. Trevanion Mr. Jean Mr. Edgcomb Mr. Ben. Weston Mr. Selden Mr. Alford Mr. Lloyd Mr. Heâ—â—ert Captain Digby Mr. Charles Price Dr. Parry Mr. R. Arundel Mr. Newport Mr. Nowel Mr. Chichley Mr. Mallorey Mr. Porter Mr. White Mr. Warwick Nor were they satisfied or rested here but one among the rest proceeded to the height of Impudence crying out as it was affirmed If we have not the Lieutenant's Life we will have the King 's and however the matter was passed over yet I find some traces of it and the Examination of one Lilburn for dangerous words before the Lords who upon his saying that he only repeated what he heard some persons say whom he did not know was discharged for the present but the Cause ordered to be retained in the House And most certainly they had some great Persons who stood behind the Curtain and animated these Disorders for all this while the House of Commons sate close as if there had been no disturbance and while the Commotion was at the height they were hatching the Protestation the Bill for perpetuating the Parliament during the pleasure of the Two Houses and busie upon the Discovery of a strange Plot by a few Young Gentlemen to bring up the Army and indeed laying the Foundations of all the Miseries of a Future Rebellion Upon Tuesday May the Fourth Tuesday May 4. there was a Conference between the Houses where the Lord Privy Seal acquainted the Commons with a Message from the King and Council wherein His Majesty takes Notice of the Tumults and that it is His Majesties Pleasure that both Houses take it into Consideration that some speedy Course may be taken to settle Peace and prevent the like Disorders for the Future He represented to them That it was the great hinderance of their passing the Bill of Attainder their Lordships being so encompassed with multitudes of People that they could not be conceived to be free But notwithstanding all this the Commons took no notice of them so that the Connivence it self was the same thing with an Encouragement His Lordship also acquainted them with a Petition or something like one which the Lords had received from the Multitudes that flocked together which being so like Mr. Pym's Speech to Usher in the Protestation and Perpetual Bill give occasion to believe they were Arrows
of the same Quiver For Mr. Pym as a Prologue to those Designs acquainted the House That there were Informations of Desperate Designs at home and abroad to bring up the Army against the Parliament to surprize the Tower that the Earl of Strafford might Escape that Portsmouth was to be betrayed the French were drawing down their Army in all hast to the Sea side And to the same Effect was the Petition of the Rabble States men which follows THat whereas your Petitioners did yesterday Petition for the Redress of many Grievances Petition of the Rabble and for the Execution of Justice upon the Earl of Strafford and other Incendiaries and to be secured from some dangerous Plots and Designs on Foot to which your Lordships have this day given Answer that you have the same under Consideration for which your Petitioners do render humble thanks but forasmuch as your Petitioners understand that the Tower of London is presently to receive a Garrison of men not of the Hamblets as usually they were wont to do but consisting of other Persons under the command of a Captain a great Confident of the Earl of Strafford which doth encrease their fears of the suddain Destruction of King and Kingdom wherein your Lordships and Posterity are deeply interested and this is done to make way for the Escape of the Earl of Strafford the Grand Incendiary They therefore pray that instant Course may be taken for the discovery thereof and that speedy Execution of Justice be done upon the Earl of Strafford Hereupon the Lords sent six Peers to the Tower who Examining the Lieutenant he informed them he had a Command from the King to receive a hundred men under Captain Billingsley into the Tower thereby throwing an Odious Reflexion upon the King as if he were of confederacy for the Earl his Escape which his Majesty understanding did himself the Justice to let the Lords know by a Message That upon a Complaint of Sir William Balfour the Lieutenant of the Tower of the great Resort of People thither he Ordered the said Captain and his Company to guard the Munition there but if that occasion Jealousies his Majesty is willing to receive their Lordships advice And for the other fine story of the Earl's Escape is was discovered by the miracle of three good Wives of Wappings peeping in at the Key-hole out of Curiosity to see the Earl and they heard him discourse with his Secretary Mr. Slingsby about his Escape but Mr. Slingsby upon Examination absolutely denyed it as did also the Master of the Ship which was said to be laid for him only Balfour being Examined confessed the Earl had moved some such thing and offered him the King's Warrant for his Indemnity but whoever considers that he was a Scot a Confident of the Party and that all things were managed by Scottish Counsels Measures and Examples of Tumults and withal how unjustly he had traduced the King just before in the matter of Captain Billingsley will not at all admire he should make a little bold with his Conscience to keep his place to oblige his Friends and Countenance a Report which was so advantageous to the Designs that were then caarying on by Tumults and all the Artifices imaginable But that which puts it out of all doubt is the Letter which this noble Lord writ that very day to the King to pass the Bill of Attainder against him a Generosity as it was very uncommon so very inconsistent with the design of this pretended Escape which seemed rather Levelled at his Majesties Reputation among the People then to have any reality in it The Letter was this May it please Your Sacred Majesty IT hath been my greatest grief in all these Troubles The Earl of Strafford's Letter to the King May 4. to be taken as a person which should endeavour to represent and set things amiss between Your Majesty and Your People and to give Counsels tending to the disquiet of the Three Kingdoms Most true it is that this mine own private Condition considered it had been a great madness since through Your Gracious Favour I was so provided as not to expect in any kind to mend my fortune or please my mind more than by resting where Your bounteous Hands had placed me Nay it is most mightily mistaken for unto your Majesty it is well known my poor and humble Advices concluded still in this That Your Majesty and Your People could never be happy till there were a right understanding betwixt You and them and that no other means were left to effect and settle this happiness but by the Counsel and Assent of Your Parliament or to prevent the growing Evils of this State but by intirely putting Your Self in this last resort upon the Loyalty and good Affections of Your English Subjects Yet such is my misfortune that this Truth findeth little credit yea the contrary seemeth generally to be believed and my self reputed as one who endeavoured to make a separation between You and Your People under a heavier censure than this I am perswaded no Gentleman can suffer Now I understand the minds of Men are more and more incensed against me notwithstanding Your Majesty hath declared That in Your Princely opinion I am not Guilty of Treason and that You are not satisfied in Your Conscience to pass the Bill This bringeth me in a very great streight there is before me the ruine of my Children and Family hitherto untouch'd in all the Branches of it with any foul crime Here are before me the many ills which may befal Your Sacred Person and the whole Kingdom should Your Self and Parliament part less satisfied one with the other than is necessary for the preservation both of King and People Here are before me the things most valued most feared by mortal men Life or Death To say Sir that there hath not been a strife in me were to make me less man than God knoweth my Infirmities make me and to call a destruction upon my self and young Children where the intentions of my heart at least have been innocent of this great offence may be believed will find no easy consent from Flesh and Blood But with much sadness I am come to a Resolution of that which I take to be best becoming me and to look upon it as that which is most principal in it self which doubtless is the prosperity of Your Sacred Person and the Common wealth things infinitely before any private mans interest And therefore in few words as I put my self wholly upon the Honor and justice of my Peers so clearly as to wish Your Majesty might please to have spared that Declaration of Yours on Saturday last and intirely to have left me to their Lordships So now to set Your Majesties Conscience at liberty I do most humbly beseech Your Majesty for prevention of evils which may happen by Your refusal to pass this Bill and by this means to remove praised be God I cannot say this accursed
existit at quod in Recordo illo in nullo est errat ' Ide◠Consideratum est quod judicium predictum in omnibus affirmetur in omnibus suo robore effectu stet remanet dicta Causa pro Errore superius assignat ' aut allegat ' in aliquo non obstante super quo Record processum predict ' necnon process ' predict ' Curia Parliamenti ibidem in premissis habit ' è predict ' Curia Parliamenti coram Domino Rege ubicunque c. per predict ' Cur ' Parliamenti Remittentur ac predictus Carolus in Curia Domini Regis coram ipso Rege habeat Executionem judicii predicti versus prefatum Thomam juxta formam effectum judicii illius predict ' Breve de Errore super ' inde non obstante Subscribed by the Clerk of the Parliament and delivered to the Defendant in the Writ of Error 29 May 1641. to be remitted into the King's-Bench that Execution may be had upon the Judgment Mr. Monday May 31. Bills for taking away the Court of Sear-Chamber and regulating the Council Board ingrosted Tuesday June 1. Votes about the Petty Farmers of the Customs Prideaux reports the Bill for taking away the Jurisdiction of the Court of Star-Chamber as being contrary to Law and tending to the bringing in of Arbitrary Government as also a Bill for regulating the proceedings of the Council-Board upon which they were ordered to be ingrossed The House fell this day upon the business of the petty Farmers of the Customs Sir Nicholas Crisp Sir John Nulls Sir John Harrison c. and upon the Debate it was Resolved c. That the Petty Farmers of the Customs taking above three pence in the pound of Merchants Strangers and others of the King's Subjects more then by Law allowed is Illegal Resolved month June 1641. c. That the said Petty Farmers for taking above the said three pence in the pound are Delinquents Resolved c. That the said Petty Farmers are for the said offence liable and ought to make restitution Notwithstanding which in favour of Sir John Harrison Resolved That Sir John Harrison a Member of the House in regard of his great service in advancing fourty thousand pounds shall not be prejudiced as to his sitting in the House Sir John Strangeways moved in the behalf of himself and the 59 that Voted against the Bill of Attainder of Thomas Earl of Strafford that there might be some order taken for their security for that they went in fear of their Lives daily affronts and great abuses being put upon them by licentious people who resorted about the Parliament House But these mighty asserters of the Priviledges of Parliament one of the greatest whereof is freedom of Speech and liberty to Vote according to a Man's Conscience thought not fit in this Case to assert their Priviledge but to leave these worthy Gentlemen at the mercy of the Rabble who were by no means to be disobliged there being further occasion to make use of their Tumultuary Insolence in order to their thorough Reformation This day Mr. Tayler presented his Petition Wednesday June 2. desiring to be restored upon his submission but it was rejected A Debate arising about ways for raising of Mony a Motion was made Motion to bring in Plate to be Coined That in regard Mony could not be procured so suddenly as the present necessity of Affairs required there might be some Expedient thought on to bring in the Plate of the Kingdom to the Mint and it was referred to a Committee to consider of it and what way it might be done The Bill for Regulating the Clerks of the Market being Reported Bill for the Clerk of the Market ingrossed Thursday June 3. Report of the Conference with the Lords about the Bishops Bill was Ordered to be Ingrossed Mr. Pierrepoint Reports the Conference with the Lords concerning the Bill for disabling Bishops to Vote in the House of Peers That their Lordships conceive that the Commons understand not unlawfulness to have any Votes there to mean to be contrary to any Law but of convenience or inconvenience because if they had thought it absolutely unlawful they would not have made Exception of the Vniversities and of such of the Nobility as should happen to be in Holy Orders And for the Bishops Right to Sit and Vote in Parliament their Lordships conceive that both by the Common Law Statutes and constant practice there is no question of it As for inconveniencies their Lordships did not yet Vnderstand any such that might induce them to deprive the Bishops and their Successors of the Right of voting in Parliament but if there be such which they yet know not they will be willing to hear them and take it into Consideration For their Votes in the Star-Chamber Council Table or any Office in Secular Affairs they have fully consented to the desires of the Commons Their Lordships have Excepted the Dean of Westminster as being a Corporation confirmed by Act of Parliament Sexto Eliz. As also that of Durham Ely and Hexam and the several Jurisdictions of those Bishops to keep Courts-Baron there by their Stewards c. And all other Courts Executed by Temporal Officers which their Lordships conceive not to be contrary to this Bill After which the Bill for disarming Recusants being reported Bill for Disarming Recusants ingrossed Bill against New Canons Read first time was ordered to be ingrossed Then a Bill for the making void of certain Canons and Constitutions Ecclesiastical lately made and for the punishment of such Prelates and others as were the framers and makers of them was read the first time The House then Entred upon the consideration of the Scottish Articles some of which were assented to Sir Thomas Widdrington reports the Case of Sir John Corbet Friday June 4th Report of Sir John Corbet's Case upon which these Votes passed Resolved c. That the Imposition of 30 l. per annum laid upon the Subjects of the County of Salop for the Muster Masters Fee by the Earl of Bridgwater Lord Lieutenant of that County is an Illegal Charge and against the Petition of Right and that it is high presumption for a Subject to impose any Tax upon the Subject and that the taking it is at Extortion against the Right of the Subject Resolved c. That the Attachment from the Council Board by which Sir John Corbet was committed was an Illegal Warrant Resolved c. That Sir John Corbet ought to have Reparation for his unjust vexation and imprisonment Resolved c. That the Earl of Bridgwater ought to make Sir John Corbet reparation Resolved c. That the House thinks sit that the Attorney General take the Information in the Star-Chamber against Sir John Corbet off the File and that he take some Course that the Bond which he entred into to attend the Suit at the Hearing be delivered unto him Resolved c. That the Lords
confessed he had taken to be secret Exceptions taken against the L. Digby for words concerning Goring's Oath saying he was a perjured man After a warm Debate upon it and he had in his Place Explained himself yet the House not being satisfied with it he was ordered to withdraw A Petition was this day read in the House of Lords The Factious Sectaries disturb the People at the Communion declaring the great Disorders committed in the Parish Churches of Saint Saviours and St. Olaves in Southwark in time of the Administration of the Communion hereupon it was Ordered That the Names of the particular Offenders be given in to this House and then this House will give such Order therein as stands with Justice and the Desert of the Cause These were the Men for Reformation whom nothing not the most Sacred Duty of Christian Religion could keep within the bounds of Decency and Order The Lords finding themselves Extremely Pressed by the bringing Writs of Errors upon Judgments into their House whereby the Publique Affairs were much retarded Order of the Lords about Writs of Error made this Order Ordered That such persons that bring in Writs of Error into this House upon a Judgment given in a Court of Justice and if it appear that there is no Just Cause of Error in the said Judgment but merely for delay of Justice and Execution that then such Costs is to be given against the Parties that bring the Writ of Error as the House shall think fit to give in that Case And that the Record shall be remitted whence it came that the Defendant may take out Execution upon the Judgment The House of Commons Sitting late the last Night upon the Debate concerning the Lord Digby Wednesday June 9. and some persons calling for Candles which the major part opposed being inclined to rise but by mistake the Candles being brought in Sir William Widdrington and Sir Herbert Price sent to the Tower for bringing in Candles against the desire of the House and Sir William Widdrington and Sir Herbert Price taking them from the Serjeant without a General Command which occasioned a great disturbance in the House Mr. Hollis made a Speech in aggravation of their Offence shewing That the House of Commons being a Rule and Example of Order there ought to be no Disorders within those Walls for that if there were such within well might it be Expected there would be without and that it might be the occasion of shedding much blood among themselves if upon such a difference Parties should have sided one against another Whereupon though both the Gentlemen made their Submission and craved the Pardon of the House yet they were immediately committed Prisoners to the Tower during the Pleasure of the House The House then fell upon the last Nights Debate concerning Colonel Goring's Discovery and it was Resolved Vote in favour of Colonel Goring's discovery c. That Col. Goring in his Depositions concerning the Discovery has done nothing contrary to Justice or Honor but has therein deserved well of the Commonwealth and of this House By this time I doubt not but the Reader 's Curiosity will prompt him to know the meaning of this Conspiracy which made as much noise in London and indeed throughout England as ever the famous Conspiracy of Cataline did at Rome I will give him the best Information I can from the Memoires of the Lord Manchester and in his own words TO prevent the Earl of Strafford's Death An Account of the Conspiracy in the Army from the Memoires of the Earl of Manchester saith he several Designs had been upon the Wheel but all failed therefore it was consulted how to Engage the Army in the North to serve the King in order to his Freedom from the Parliaments Fetters metre le Roy hors d' paye as the Royalists termed it This occasioned several Addresses to the Principal Commanders in the North but they were fearful and backward to entertain any Motions or Propositions which might put them upon a breach with the Parliament But Mr. Percy and Mr. Jermin finding a great discontent in those Commanders of the Army who were Members of Parliament as Col. Wilmot Col. Ashburnham and Col. Pollard who thought that their Services had merited much better of the Parliament then that the Scotch Officers and Scots Army should be preferred before them in their Gratuities and in their Pay These Commanders owning that the Parliament had disobliged them gave Mr. Percy a rise to press with greater Earnestness his design of Engaging them to serve the King and to that End an Oath of Secrecy was â—amed and others were admitted into their Confederacy as Mr. Jâ—â—â—in and Mr. Goring and Propositions were framed But it fell out in this as in most Conspiracies of the like Nature that though the same Oath was taken by all that met together yet it was not taken by all with the same persuasion or intention For Col. Goring whose Ambition was not answered in being promised the Place of Lieutenant General of the Army and finding others employed whose persons he disliked he having a full Information from Mr. Percy and Mr. Jermin of all the Design thought it would tend most to his Security and Advantage to reveal the Conspiracy and being versed in all the Methods of falshood he chose the Time and Means which he thought would be most acceptable and obliging to the Parliament He therefore first imparts it to the Earl of Newport who was his particular Friend and desired him to bring him to some other Lords of the Parliament such as might be most likely to prevent that Mischief which was intended and accordingly the next day about Evening the Lord Newport brought him to the Earl of Bedford and the Lord Mandeville to whom he first made a Protestation of his Fidelity to the Parliament and of his readiness to run all hazards for the Safety of it Then he imparted the substance of the Design and desired them to make what Use of it they thought fit for their own and the Common-wealths Security but not to bring him as the Accuser of the Persons except Necessity did require it The Lords who had this Design revealed unto them thought it necessary to discharge themselves and communicated it to some Members of the House of Commons by whose Advice it was agreed That Goring should repair to his Government at Portsmouth and that so soon as he was gone the Persons whom he had discovered to be Actors in this Design should be apprehended but private Notice being given to Mr. Percy and Mr. Jermin they prevented the Justice of the Parliament by their Escape out of England Mr. Percy with some difficulty and hazzard took Shipping in a private Port in Sussex Mr. Jermin ventured upon Goring's Faithfulness to him and brought unto him a Warrant under the King's Hand to see him safely transported in one of his Frigots which he obeyed with Care and
other way The means of it are first to preserve Religion sound and entire within his own Kingdom at home next to unite the Homogeneal parts of it pieces of the same together by Alliances by Confederations abroad The good effects of this German Match was lost by the ill Counsels of those times It will be an honour to us to repair it by better The restoring of the Prince Elector to his Territory and Dignity will restore Religion there will strengthen it may increase it further in Germany which consideration is of a great and vast consequence proportionable to the greatness and vastness of that Country it will likewise refresh and comfort the sorrowful heart of that most Noble Virtuous and Magnanimously suffering Queen of Bohemia his Majesty's Sister his Highness's Mother who is ever to be highly and tenderly regarded by this Kingdom This is a fit Conjuncture of time to begin it in whilst the King of Spain hath so much to do of his own as he is not able to afford his usual aids to the Emperor which probably may induce the Emperor to abate of his former Resolutions That which is now propounded is only a Manifest to express and declare our zeal and heartiness to the Cause and thereby to give it Countenance and Reputation in the present Dyet at Ratisbone Reputation in matters of State doth many times prevail as much as Substance His Majesty's Father of blessed memory and himself have for many years mediated and treated with the Successive Emperors by all fair and amicable ways they have been deluded they have been neglected It becomes us Mr. Speaker to be Englishly sensible of the injustice of the Indignity Wherefore my humble Motion is That the House will be pleased presently to name a select Committee to compose a Declaration suitable to the importance of the Cause But the further consideration of this matter was deferred till Wednesday at Nine of the Clock A Message was also delivered from the King by Sir Benjamin Rudyard concerning the Queen-Mother Message about the Queen-Mother who was very desirous to depart the Kingdom only Mony was wanting to defray her charges which would amount to no less than 10000 l. And it seems the Commons were no less desirous to have her gone Artic. brought in by Sir Tho. Widdrington against the Bishop of Ely Vide the Articles infra July 20th for they presently consented that there should be so much paid out of the Poll-mony for that Service Sir Thomas Widdrington brought in 25 Articles against Matthew Wren Lord Bishop of Ely which being read and singly voted were ordered to be Engrossed and then the House came to this Vote upon it Resolved c. That Matthew Wren Bishop of Ely is in the opinion of this House unfit and unworthy to hold or continue any Spiritual Promotion or Office in the Church or Common-wealth and that the Lords be desired to joyn with this House to move his Majesty to remove the said Bishop from his Person and Service And upon this Sir William Parkins took an occasion to speak as followeth for the work of Reformation Master Speaker I Stand not up in my own particular behalf Sir William Parkins's Speech July 5. 1641. but in the Vniversal and General name of the whole Kingdom Alas Master Speaker they depend all upon our exemplary Justice which if we do fully execute will not only give great and plenary satisfaction to our Nation but will likewise cause the Land to smile hereafter with the blessed Beams of prosperous Felicity But if the least Errour and smallest Deliberation be overseen by us Oh! It strikes my trembling mind with horror to think on it how will all things precipitate themselves into Ruine most Irrevocable but I speak not this as if any here would omit or extenuate the Supremacy of Justice in the least thought To admonish you of that point were to bid the Moon keep her Monthly Course the Spheres to reduce themselves in their Circumference or the Sun to shine upon the Earth But I speak this only to add a Spur unto you lest we should at any time languish in our Heaven-proceeding Journey The Cries of the People have come up to me the Voice of the whole Nation tingles in my Ears and methinks I hear each Subject wish that we would briefly establish the Church-Government with all Expedition Let us first begin to confirm our Religion and God will bless our other Proceedings the better That was always my Opinion and I am sure the expectation of the whole Kingdom How long have we sate here and how little have we effected How much time have we consumed and what little have we performed herein How long have we laboured in this our daily Travel and as yet have brought forth but an Embryo in what we did intend 'T is true I confess we have tormented our selves with daily troubles and vexations and been very solicitous for the welfare of the Common-wealth but what have we performed what have we perfected I will once more relate what my former Opinion was Let us I say begin in the real Establishment of our Religion and as I said all our other determinations will succeed with a better Omen for indeed most of our Delinquents are linkt to this Chain they depend most on this point therefore we should do well to enter speedily upon the Work Master Speaker Excuse my Zeal in this Case for my mouth cannot Imprison what my mind intends to let out neither can my tongue conceal that which my heart desires to promulge Behold the Arch-Bishop that great Incendiary of this Kingdom lyes now like a Fire-brand raked up in the Embers but if he ever chance to blaze again I am afraid what heretofore he had but in a Spark he will fully burn down to the ground in a full Flame Wherefore Master Speaker Let us begin for the Kingdom is pregnant with expectation in this point I confess there are many more Delinquents for the Judges and other Knights walk in Quirpo but they are but Thunderbolts forged in Canterbury 's fire Look upon them all but as polluted Rivers flowing from that corrupt Fountain Well is it so then that all depend on Religion Why are we then so backward in not Roforming the Church Why do we stick in this point and not rather proceed in it with all expedition For indeed according to the Laws of this Kingdom as it hath the Dignity of Preeminence so let us give it the Priority in our Determinations Master Speaker Think with your self I pray in what Faction the Church is now in what Schism in what Confusion of distracted Sectaries it is promiscuously shaken Behold the Papists will have their way the Brownists will have their way the Anabaptists their way the Puritan as some call them their way the Jesuitical Priests their way and in these various ways they make such a Labyrinth of Religion that few or none scarce can find out
the right Way It behoves us therefore and is expedient that we should add a Period to these Irregular ways that the Vulgar may no longer wander ill in these distracted parts Master Speaker I have now unloaded my mind of her weary burthen and I beseech you digest my words with your serious considerations in this respect of establishing the Church-Government in true sincere perfect and unpoluted Religion which if we do perform and fully effect we shall do great Honour to God get great Credit to our Selves and give great Satisfaction to the whole Kingdom This is my Opinion this is my Expectation this is my Prayer and lastly this is my Hope A Message was sent this Morning from the House of Commons by the Lord Viscount Wainman Message about a Bill for Clerk of the Market c. who said he was Commanded to deliver to their Lordships Three Bills which had passed the House of Commons 1. Entituled An Act for the better ordering the Office of Clerk of the Market allowed and confirmed by this Statute and for the Reformation of the false Weights and Measures 2. An Act against divers Encroachments and Oppressions in the Stannery Courts 3. An Act for the Confirmation of his Majesty's Letters Patents to the Town of Plymouth and for dividing the Parish and building of a new Church And he was further to desire a dispatch of some Bills brought up formerly as the Bill against Pluralities and that their Lordships would appoint some time when their Lordships shall be at leisure that the Commons may come up with the Impeachment against the Judges The Answer which was returned to the Message was The Lords Answer That their Lordships will give a dispatch to these Bills now brought up with all convenient speed and will in a short time give a dispatch to the Bill against Pluralities And further it was told them That their Lordships have appointed great business this Morning concerning the safety of the Kingdom but will Sit this Afternoon at Three of the Clock at which time they will give the House of Commons a meeting concerning the Impeachments of the Judges The House of Commons this Day fell upon the matter of their Priviledges in the Case of Mr. Hollis and others 3 Car. Tuesday July 6. and upon the Debate of the House came to these following Votes Votes about Priviledge in the Case of Hollis c. 3 Car. Resolved c. That the Warrants of the Lords and others of the Privy Council compelling Mr. Hollis and others to appear before them during that Parliament is a Breach of Priviledg Resolved c. That the Committing of Mr. Hollis and others by the Lords and others of the Privy Council 3 Car. during that Parliament is a Breach of Priviledg Resolved c. That the Searching and Sealing of the Chambers Studies and Papers of Mr. Hollis Mr. Selden and Sir John Eliot being Members of Parliament and issuing out Warrants for that purpose is a breach of Priviledg Resolved c. That the Exhibiting an Information in the Court of Star-Chamber against Mr. Hollis and others for Matters done by them in Parliament being Members of Parliament is a breach of Priviledg Resolved c. That Sir Robert Heath Sir Humphrey Davenport Sir Heneage Finch Mr. Hudson and Sir Robert Berkley that subscribed the said Informations are guilty of the breach of Priviledg Resolved c. That there was a Delay of Justice towards Mr. Hollis and others upon the Habeas Corpora in that they were not Bayled in Easter or Trinity Term 5 Car. Resolved c. That Sir Nicholas Hide then Lord Chief Justice of the Court of Kings-Bench is guilty of this Delay Resolved c. That Sir William Jones one of the Justices of the Kings-Bench is guilty of this Delay Resolved c. That Sir James Whitlock Knight one of the Justices of the Kings-Bench is guilty of this Delay A Conference was had with the Lords in the Painted Chamber at the transmitting of the Impeachments of the Judges at which time Mr. William Perpoint upon the reading the Articles against Sir Robert Berkley Knight one of the Justices of the Court of Kings-Bench made this Speech in aggravation of their Crimes My Lords I Am Commanded to present to your Lordships these Articles Mr. William Perpoint's Speech at the Impeachment of Sir Robert Berkley July 6. 1641. with which the Knights Citizens and Burgesses of the Commons House of Parliament in their own Name and in the Name of all the Commons of England Impeach Sir Robert Berkley Knight one of the Justices of his Majesties Court of Kings-Bench in maintenance of their Accusation of High Treason and other great Misdemeanours The Articles they desire may be read The Articles were read by Mr. Newport The High Treason is in the first Article in his Endeavours to Subvert the Fundamental Laws of this Realm and to introduce an Arbitrary and Tyrannical Government which hath been lately adjudged Treason in the Cause of the Earl of Strafford The other Articles prove the first By his Opinions Certificates Judgments by his denials of the benefits of our Laws which have been read to your Lordships No Fundamental Law to the Subject is left our Goods our Lands our Bodies the peace of a good Conscience are by him given up to Arbitrary Tyrannical Government Nothing hath been omitted to make a Judge know the Lawes to make him Just or fear him from being Evil We have Inns of Court peculiar to that Study Judges from thence onely chosen seldom any but what have been Twenty Years there Honours and Revenues are given to Judges Encouragements to do well this Judge had these Judges are sworn according to Law to serve the King and his People according to Law to Counsel the King and for not so doing to be at his Will for Body Lands and Goods this Judge took that Oath The Lawes the Judges study impose the greatest punishments upon unjust Judges shew that these punishments have been inflicted more could not be done to perswade or fear a Judge His Offences shew in him great Ambition yet he was most timorous of displeasing the Great in Power He did not only forbear doing what he was sworn to do but was most active against our Laws and in opposing and punishing any that did maintain them To have only received Bribes though they blind the Eyes and though the Desire to get Money encreaseth with Age that hainous Crime in a Judge had been in comparison with his Offences a tolerable Vice for from such a Judge Justice is also to be had for money Ambition is violent and ruines whilst Covetousness is making a Bargain The words of his Opinion and Judgment are for the King's Power It is pleasing to the Nature of Man that others should obey his Will and well framed dispositions of Princes may easily be perswaded their Power is unlimited when they are also put in mind that therefore they have
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
said Propositions and Designs which said Propositions Designs and Consultations the said Henry Wilmot c. did not discover but consented to the same Resolved c. That the said Henry Wilmot William Ashburnham Hugh Pollard Sir John Berkley and Daniel Oneal being afterwards Lawfully Examined in Parliament upon their Oaths touching the Premisses did wholly deny the same and the said Sir John Berkley and Daniel Oneal being thereupon questioned did fly for the same The further Debate of this matter was put off until Wednesday at 8 of the Clock Munday July 26. Bill for Northern Counties passed the Lords Lord Majors Case about Electing one Sheriff c. heard The Earl of Bath Reported the Bill for securing of Mony to the Northern Counties c. And being put to the Question it was Resolved to pass The Petition of the Lord Mayor and Aldermen of London and the Petition of the Commonalty of the said City were read and after Councel on both sides had had a full hearing concerning the Election of a Sheriff and other Officers the House of Lords taking the whole business into consideration Ordered That this Cause should be determined on Saturday morning next in case the Lord Mayor and the Commonalty did not agree and compose the matter in Question in the mean time This was a very perplexing Case at this time for the Parliament were about to borrow 40000 l. of the City to disband the Armies and if the Cause had been determined either way in probability it would have given a stop to that Affair but more especially if it had been decided in favour of the Lord Mayor and Court of Aldermen who could not easily have raised that Sum without the Assistance of the most wealthy of the Commonalty The Lord Chamberlain signified to the House Letters about the Army That he had received divers Letters from the Lord General which he thought fit to acquaint the House with As a Letter desiring to know a certain day for disbanding of both Armies Likewise a Letter sent to the Lord General from the Gentlemen in the Bishoprick of Durham complaining of the burthen of the Soldiers there And also a List of the Number of the Five Regiments which are disbanded being 5817 Men All which being read the Lord Chamberlain had leave from this House to Communicate them to the House of Commons Tuesday July 27. Petition out of Oxfordshire against Bishops A Petition of the Ministers and People of Oxfordshire and Barkshire against Bishops was this day read in the Commons House and referred to the Committee for the Ministers Remonstrance A Message from the House of Commons by Sir John Culpeper 7 Bills brought up by Sir John Culpeper who brought up Seven Bills which had passed that House Viz. 1. An Act for the declaring unlawful and void the late proceedings touching Ship-mony and for vacating of all Records and Process concerning the same 2. An Act for the preventing of vexatious proceedings touching the Order of Knighthood 3. An Act for the free bringing in of Gun-Powder and Salt-Petre from forreign Parts and for the free making of Gun-Powder in this Realm 4. An Act to settle the Mannor of Belgraves and other Lands in the County of Leicester to and upon William Byerley Esq his Heirs and Assigns for and towards the payment of the Debts of William Davenport Esq Deceased 5. An Act to enable Sir Alexander Denton Knight to sell the Mannor of Barvard alias Barford St. Michael and other Lands in this present Act mentioned for the payment of his Debts and preferment of his younger Children 6. An Act for Alteration of the Estate and Tenure of some Lands within the Parish of Fulham in the County of Middlesex held of the Lord Bishop of London as of the Mannor of Fulham 7. An Act for the making of the Chappel of Hoole in the County of Lancaster a Parish Church and no part of the Parish of Crosston  l. s. d. Sir John Hotham Reports Report of the Charge of the Armies That to disband the Army requires 242619 11 03 Toward which there is paid 152119 11 03 Remains to be provided 90500 00 00 The Charge of the Garrisons 40000 00 00 Total 130500 00 00 When the Earl of Warwick hath Received and Paid the 50000 00 00 There will Remain due to the Scots 53000 00 00 Besides the Remainder of the Brotherly assistance 80000 00 00 Total due to the Scots 133000 00 00 The Engrossed Bill for Confirmation of His Majesties Letters Patents to the Town of Plymouth Plymonth Bill passed and for dividing the Parish and building a new Church there was read the Third time in the Lords House and being put to the Question it was Resolved to pass as a Law Then the Speaker signified Message from the King to the Lords about Commissions in his absence That His Majesty Commanded him to acquaint their Lordships that because he intends his Journey tawards Scotland upon Monday come Sevennight and in regard that in his absence heretofore he hath left behind him Two Commissions the one directed unto the Lords of the Privy Council for ordering of the Affairs of State and the issuing out of Proclamations upon Emergent Occasions and the other Authorising a Person of Honour to be Captain General for the levying of Forces on this side Trent if there should be any necessity for the safety of the Kingdom His Majesty now thinks it fit to issue out the like Commissions for the said Publick Services in his absence with some Variations and Omissions according to the Occasions and hath named the Lord Chamberlain to be Captain General on this side Trent but His Majesty would execute nothing therein until he had made the same known to both Houses of Parliament desiring their Concurrence and Assistance in all his great Affairs Further it was signified from His Majesty That the Spanish Ambassador did send a Writing unto His Majesty wherein he presseth His Majesty for some of the Irish Companies lately disbanded to be employed in the Service of the King of Spain and that His Majesty hath Commanded that the said Writing shall be Communicated to both Houses of Parliament and he desires their Advice therein Upon which a Conference was desired by the Lords at which the Lords declared their Resolution That they would do nothing in it till Three Points were cleared First That the Ambassadour should set down the particular number of Men he desires Secondly The time When. Thirdly The manner How and the Place from Whence he intends to Transport the Soldiers Mr. Hambden made a Report from the Earl of Pembroke Mr. Hambden Reports the Letter from the Queen of Bohemia That he had received Letters from the Queen of Bohemia wherein she gave humble thanks to the Parliament for their Regard and Consideration of her There was also another Letter read from the Earl of Holland to desire That both Armies might be disbanded together for
Vote in favour of Mr. Small a Minister in Lincoln Shire The House then took into Consideration the Case of one Small a Minister in Lincolnshire sometime ago deprived of his Living by the Sentence of the High-Commission Court Conference about the Tower c. upon which it was Resolved c. That the deprivation of Edmond Small from his Living of Holm in Com. Lincoln by Sentence of the High Commission Court was Illegal and he shall be restored to his Living There was a Conference with the Lords about putting the Kingdom into a Posture of Defence as also about the Tower of London the Lieutenant Sir William Belfour being gone with the King into Scotland about some private Affairs of his own so that it was necessary that the Earl of Newport the Lord Constable of the Tower should take Care of it himself It was also there moved That Care might be taken of the Isles of Jersey Wight and Guernsey Which was agreed by the Lords and 50 men of the Hamlets to guard by Day and 50 by Night and 40 or 50 more to be added upon Emergent Occasion The Bill for Tonnage and Poundage for two Months longer was this day passed by Commission in the usual form and manner Monday August 16. Bill for Tonnage and Poundage for two Months passed by Commission * Incendiaries to be prosecuted and who those were After this the Interrogatories were delivered in to the Lords and read upon which the Scots Commissioners desire Witnesses may be Examined concerning the Earl of Traquayr Sir John Hayes Clerk Register in Scotland Sir Robert Spotswood and Dr. Walter Balcanquell and Mr. John Maxwell sometime Bishop of Ross who are pursued as Incendiaries The Interrogatories being approved of It was Ordered That the Lord Privy Seal E. Warwick E. Dover Viscount Say and Seal L. Wharton are appointed by this House to be Committees for the taking of the Examination of Witnesses in this Business and their Lordships or any Three or more to meet when they please to appoint Then the Lord Privy Seal E. Pembroke and L. Goring were sworn at the Clerks Table the Lord Keeper reading the Oath and are to be Examined concerning the Incendiaries Ordered also That John E. of Sterling Robert Young Printer William Warnor Corrector and Robert Chapman Compofer shall attend the Lords Committees this Afternoon and be Sworn and Examined in the business concerning the Incendiaries This was in order to the discovery of the Writer of the King 's large Declaration which was generally supposed to be Dr. Bellcanquel Dean of Durham which had so much Mordacis Veritatis of sharp and cutting Truth in it that the Scots thought there was no other Way to undo the Reputation of the Book but by ruining the Reputation of the Author and no way so Effectual for that as the Brand of an Incendiary burnt upon the forehead of his fame by this Publique Procedure which yet could not but even then be liable to suspition his Enemies being his Accusers and the Majority of these Lords Committees who were to report and in Effect therefore to be his Judges being apparently of the Scottish Party and Interest A Message was brought from the Commons by Mr. Strode Message about the Desperate Estate of the Kingdom and Hull to let their Lordships know That they have taken into Consideration the desperate Estate the Kingdom now stands in in the time of Disbanding the Army and they have Considered of the Danger the King's Ammunition at Hull is in if there should be any design upon it Therefore they desire their Lordships would joyn with them in some Course that the Ammunition there be not stirred nor removed from thence without the Order of both Houses of Parliament Hereupon it was Ordered That a Letter be sent to the Lord General to give Order That no Munition or Artillery of the Kings at Hull be removed or sent from thence but by Order from both Houses Mr. Pym reports from the Committee about the Commission for the Commissioners of both Houses who are to attend the King in Scotland Difficulty about the Commission for the Commissioners to go into Scotland That the first thing they took into Consideration was the Commission to give Power to these Commissioners and the doubt is Whether such a Commission may be granted or no the King being now out of the Kingdom so that the Royal Assent cannot now be had and it would be of much danger if such a Power may not be had and therefore they desire the Opinion of the House in this Point Upon which a Conference was desired with the Lords upon this Subject After which Mr. Pym Reported it to the House That the Lords were doubtful The Opinion of the Lords at a Conference about it and therefore propounded to have a Messenger sent to procure his Majesties Warrant and the Commissioners to stay here till the Messenger returned and that in the mean time they would consider of their Instructions This day the Earl of Dorset signified to the Lords House That he hath Waited on the Queen and hath acquainted her Majesty with the Humble Desires of this House touching restraining of the Capuchin Friers in Sommerset House from tampering and withdrawing the Kings People Her Majestie sayes The Queens Answer about the Capuchin Friers at Denmark-House Aug. 17. 1641. It is much against her Will that they have gone abroad or have endeavoured to pervert any from their Religion and her Majestie is also very unwilling that any English People should resort there to Chappel but her Majesty will give Order to prevent these for the future And the Earl of Dorset said He would obey their Lordships Command and send for the Chief of the Capuchins and give him a strait Command not to suffer any of the Friers to go abroad nor any English People to come to them or to hear Mass there The Impeachment brought up from the House of Commons against the 13 Bishops was read Votes in the House of Lords about the Impeachment of the 13 Bishops and the House fell into Debate what time they should have to Answer and whether in this Debate they should be present in the House And it was Resolved upon the Question That the Lords the Bishops that are Impeached may Sit in this House without Voting when it is in Debate whether they shall have further time to Answer or not Resolved c. That such of the Bishops as are Impeached shall not Sit here in this House when the Merits of the Cause is in Debate Resolved c. That when the disposing of the manner of the Proceedings of the Cause is in Debate the Bishops may Sit in this House but not Vote The Letter drawn by the Committees of both Houses to the Lord General concerning Hull The Letter to the Lord General concerning Hull was read as follows May it please your Excellency I Am commanded by the House of Peers
of Parliament and is a restraint to the proceedings of other inferior Courts but is no restraint to the proceedings of Parliament and therefore seeing it may without in justice be denied this being the Case of the Common-wealth they conceive it ought not to be granted Whereupon it is desired that their Lordships will declare that all Priviledges shall be void in case of the Conviction or Disarming of Recusants and that all their Certioraris out of the King's Bench to hinder the Conviction of Recusants may be Superseeded That this direction may extend to Lords as well as to other Common Persons there being more cause of fear from them in regard of their Power and Greatness then from others That if any Popish Recusant of Quality shall be found not to be Convicted that such Pesons be commanded forthwith to attend the Parliament The Opinion of the House of Commons is That Popish Recusants as this Case is may be Disarmed by the Common-Law being Persons justly to be suspected for some dangerous design and that where there is cause of fear this may be extended to such Persons as have Wives Recusants or Children or any but considerable number of Servants as may give good Cause of Suspitions That in ordinary Cases if there be a Combination to do any mischief to commit a Riot Rob a House or hurt any private Person the Justices of the Peace may take security to prevent such damages much more in the Case where the danger of the Common-wealth is to be prevented Divers Presidents were remembred for the Disarming of Lords of Parliament the Marquess of Winchester Lord Peter Lord Vaux Lord Arundel of Wardour and divers others Then after some Consideration of this Conference It is Ordered That this House doth joyn with the House of Commons to send Commissioners to Disarm Recusants according to Law for the other part of it their Lordships will take it into consideration Sir William Armyn brings this Answer to the Message to the Lords The Lords Answer about the Commissioners for Scotland concerning the Commissioners designed for Scotland That the Lords are of Opinion that the Commission and Instructions be presently prepared together with a Petition to his Majesty and that this be sent away with all Speed and in the mean time the Commissioners may be going their Journey and those Instructions and Commission may meet them on the Way if this House thinks fit Mr. Pym reports the Petition and Instructions to the Commissioners for Scotland To the King 's Most Excellent Majesty The Humble Petition of your Majesties Loyal Subjects the Lords and Commons now Assembled in Parliament Most Gracious Sovereign YOur Majesties Absence at this time the Parliament sitting The Petition to the King concerning the Commissioners for Scotland doth not only afflict us with much Grief but hinders us in making such Provision for the Public Necessities and Dangers of the Kingdom as we desired to do for the Safety whereof We shall be often forced to resort to your Majesties Wisdom and Goodness Whereupon both Houses of Parliament have agreed to send William Earl of Bedford Edward Lord Howard Nathaniel Fiennes Esquire Sir William Armyn Baronet Sir Philip Stapleton Knight and John Hambden Esquire to attend your Majesty to convey to us your Majesties Commands and Directions and to present to your Majesty our Humble Petitions and Desires and likewise to see the Expediting of such Acts in the Parliament of Scotland and other Affairs as by the late Treaty or otherwise concern the Kingdom Wherefore our most Humble Suit to your Majesty is That you will be graciously pleased to admit the said William Earl of Bedford Edward Lord Howard Nathaniel Fiennes Sir William Armyn Sir Philip Stapleton and John Hambden Esquire to be your Majesties Commissioners for the dispatch of the Affairs aforementioned according to such Instructions as they have now received or shall from time to time receive from both Houses of Parliament with your Majesties Consent and Approbation The Instructions for the said Commissioners follow I. YOV shall take care that all those Acts that concern both Kingdoms of England and Scotland The Instructions for the Commissioners and are already agreed upon in the Treaty between the Commissioners of both Nations and which are Confirmed by an Act of Parliament passed in this present Session shall likewise be confirmed and ratified in the Parliament in Scotland and You shall take an authentique Exemplification thereof to bring home with you II. You are to take Care that the Commissions agreed upon in the same Treaty concerning the Trade of both Kingdoms and concerning the Publique Peace and Correspondency betwixt the Two Nations may be settled and dispatched accordingly III. You are to demand Satisfaction of such Debts as shall remain due to the Northern Counties of England for any Money or Provision taken up by the Scottish Army IV. You shall be Careful to clear the Proceedings of the Parliament of England towards the Scots if you find any false Reports or Imputations cast on those Proceedings by persons ill-affected to the Peace of both Kingdoms V. You shall upon all fit Occasions assure the Parliament of Scotland of the good Affections of his Majesties Subjects of the Parliament of England and all things which shall concern the Service of his Majesty and the Peace and Prosperity of both Nations VI. You shall be Careful to certify the Lords and Commons in this present Parliament from time to time of all Proceedings therein and of all Occurrences which shall concern the good of this Kingdom VII You shall put in Execution such further Instructions as you shall receive from the Lords and Commons in this present Parliament with his Majesties Approbation and Consent signified under his Royal Hand It was Ordered Mr. Nichols to go with the Petition c. 1000 l. advanced for the Charges of the Commissioners That Mr. Anthony Nichols a Member of this House shall go to his Majesty from this House with the Petition and Instructions It was likewise Ordered That a Thousand pounds shall be advanced by Sir Robert Pye Mr. Wheeler and the Treasurers of Money for Westminster for the Commissioners Charges and their Acquittance or any two of them to be a Discharge Sir Philip Stapleton and Mr. Hollis were also Ordered to attend Her Majesty Sir Ph. Stapleton and Mr. Hollis to attend the Q. before they go for Scotland to know what Commands her Majesty will lay upon the Members of this House that are to go to His Majesty in Scotland The Lord General as indeed any person moderately skilled in Martial Affairs would have done made some difficulty it seems of letting so powerful an Army though of our Dear Brethren of Scotland March through so Important a Pass as the Town of Barwick and upon this wrote to the Parliament concerning it Whereupon the Lord Keeper Littleton returned this Answer My Lord I Have received your Letter dated the 16th of this
present Month Letter to the Lord General for the Scots to March over Barwick Bridge concerning the Passage of the Scots over Barwick Bridge and have acquainted the Lords with the same they have Commanded me to signifie unto your Lordship That since it is a Resolution taken by both Houses and consented to by them they see no Cause to alter it or to give an Occasion to the Scots to hinder their March as is agreed and concluded on by the Treaty here and therefore they adhere to their first Order to your Lordship for their Passage over Barwick Bridge and do require your Lordship to obey the Order of the Houses only for the Manner and Onder they recommend it to your Lordships Care and Directions that it may be speedy and with Safety God have your Lordship in his Keeping Your c. His Majesty was now Safely Arrived in Scotland Monday Aug. 19. purposing with all Application imaginable to Settle and Quiet the Minds of his Subjects of that Kingdom in hopes that it might conduce very much to the Composure of the Affairs of England and for this purpose at his first appearance in the Parliament of Scotland being Thursday August 19th he made this following Speech My Lords and Gentlemen THere hath nothing been so displeasing to Me as those Vnlucky Differences which have happened between Me and My People His Majesties Speech to the Parliament of Scotland Aug. 19. 1641. and nothing that I have more desired than to see this Day wherein I hope not only to settle these Vnhappy Mistakings but rightly to know and to be known of My Native Countrey I need not tell you for I think it is well known to most what Difficulties I have passed through and overcome to be here at this present Yet this I will say If Love to My Native Countrey had not been a chief Motive to this Journey other respects might easily have found a shift to do that by a Commission which I am come to perform My Self And this considered I cannot doubt of such real Testimonies of your Affections for the maintenance of that Royal Power which I enjoy after an Hundred and eight Descents and which you have professed to maintain and to which your own National Oath doth oblige you that I shall not think any Pains ill bestowed Now the End of My Coming is shortly this to perfect whatsoever I have promised and withal to quiet the Distractions which have and may fall out amongst you And this I mind not superficially but fully and chearfully to perform For I assure you That I can do nothing with more chearfulness then to give My People a general Satisfaction Wherefore not offering to Endear My Self unto you in Words which indeed is not My way I desire in the first place to Settle that which concerns the Religion and Just Liberties of this My Native Countrey before I proceed to any other Act. Information of Arms in the Marquess of Winton's House at Basing-Stoke In the House of Commons one Mr. Sewer did this day give Information that he did see on Monday was seven-Night a great many Arms in the Marquiss of Winchester's House at Basingstoke a Recusant and that the Keepers of them told him there were Arms for a thousand five hundred Men. One Welsh an Irish Priest was ordered to be sent for and if he refused to come to be taken into Custody by the Serjeant It was also Ordered Order about disbanding That Mr. Arthur Goodwin Mr. Hotham and Sir Henry Anderson shall go into the North about disbanding the Army to whom Mr. Scowen was afterwards added by a Vote of the House The Copy of the Commission to be sent for his Majesty to Sign for the Commissioners to impower them to go into and Act in Scotland was also read which was as follows Commission for the Commissioners that are to go to Scotland CHARLES by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. To Our Trusty and right well Beloved William Earl of Bedford and to Our trusty and right well Beloved Edward Lord Howard and also to Our trusty and well Beloved Nathaniel Fiennes Esquire Sir William Armyn Baronet Sir Ph ilip Stapleton Knight and John Hambden Esquire Greeting Know Ye that We reposing special Trust and Confidence in your approved Fidelity Wisdom and Discretions have Nominated and Appointed you to be Our Commissioners and by these said Presents give unto you or any three or more of you full Power and Authority to go into Our Kingdom of Scotland and there to Treat Confer and Concluds with such of Our Commissioners as shall be Named and Authorized in Our Parliament of Scotland according to the Instructions hereunto Annered And you or any three or more of you are likewise to Observe and Pursue all such further Instructions as you or any three or more of you as aforesaid shall from time to time receive from the Lords and Commons Assembled in Our Parliament of England with Our Consent and Approbation Signified under Our Royal Hand In Witness c. The House took into Consideration the Case of Mr. Votes about Mr. Cooper suspended by Dr. Rone and Sir John Lamb. Cooper Rector of Alton in Com. Huntington and it was Resolved c. That the Suspension of Mr. Cooper Rector of Alton in Com. Huntington for not reading the Book of Recreations is illegal Resolved c. That Doctor Rone and Sir John Lamb ought to give him Reparation for his Damages sustained and that his Suspension be taken off Post Meridiem Mr. Pym Reports the Order agreed upon by both Houses for the Disbanding in haec verba WHereas it was Ordered by the Lords and Commons in Parliament August 7. 1641. Order of both Houses for disbanding the Army That the Horse Troops of the King's Army be forthwith Disbanded whereunto his Majesty gave his Corsent and signified his gracious Pleasure to have it effected accordingly all which was certified to the Earl of Holland General of his Majesties Army by two several Letters from the Speakers of both Houses respectively and withal a Copy of the same sent unto him We understand by a Letter from the Lord General that none of the Horse are yet disbanded nor intended to be disbanded until the 24th of this Month and that it is propounded that some of the Foot shall then be disbanded before the rest of the Horse now both the Houses of Parliament expecting that this Order should have been performed accordingly do hereby expresly Order that the Lord General all further Delays and Excuses set apart shall forthwith disband all the Horse Troops of the Army before any of the Foot and commanded them and all the Officers of the said Horse Troops to depart from the Army which they do hereby declare to be a Matter of great Importance to the good of the Common-Wealth and therefore they do expect a quick and ready Obedience thereunto
as well by the Lord General as by all other Commanders Officers and Soldiers of the Army whereof they expect a strict and speedy Account After which Mr. Pym and Sir John Culpeper were Ordered to draw a Letter to be sent to the Lord General and Mr. Rushworth Clerk Assistant of the House of Commons to ride Post with it and the House will take it into Consideration to requite him for his Pains and Charges This Day Sir William Bringhurst Mr. Wilson Mr. Broadgate Mr. Friday August 20. Diverse Persons Bailed The first Ordinance of the Lords and and Commons about Commissioners to go to Scotland Slany Mr. Gardner and Mr. Inego Jones were Ordered to be Bailed and 10000 l. for the Principals and 5000 l. for each of the Sureties The Ordinance of the Lords and Commons for the Commissioners for Scotland was read in the Commons House in these Words THe Lords and Commons in this present Parliament Assembled do hereby Order and Appoint William Earl of Bedford Edward Lord Howard two of the Peers of the Lords House Nathanel Fiennes Esquire Sir William Armyn Baronet Sir Philip Stapleton Knight and John Hambden Esquire Members of the House of Commons to be Committees for both Houses of Parliament to attend the Kings Majesty during his Absence in the Kingdom of Scotland and do hereby Authorize them or any three or more of them from time to time to present to his Most Excellent Majesty the humble desires Counsel and Advice of his Majesties most Loyal Subjects the Lords and Commons in Parliament according to such Instructions and Directions as are hereunto annexed or shall at any time hereafter be sent unto them by the Order and Consent of both Houses The Commissioners Instructions I. Instructions for the Commissioners for Scotland YOV shall humbly desire his Majesty That the Treaty agreed upon between the Commissioners of England and Scotland confirmed and ratified in this present Parliament may likewise be confirmed and ratified in the Parliament in Scotland II. You shall present to his Majesty the just Demands of any of his Loyal Subjests of England concerning a due Satisfaction to be made of all Debts due to them for Mony Arms or Provisions taken up by the Scottish Army III. If you shall understand that the Army of Scotland is not returned back or the Army of England not disbanded according to the Articles of the Treaty and Order of Parliament you shall be very instant and earnest in Petitioning his Majesty that all Obstacles and Impediments taken away the Kingdom may be freed from that great Charge this might have been done with half the Charges if the E. Strafford's Advice had been taken and those Mischiefs under which it groans by reason of those Armies IV. You shall by all fit ways of Petition and Intercession to his Majesty further and preserve the Peace and good Correspondency betwixt the two Kingdoms of England and Scotland V. You shall from time to time Certifie both Houses of Parliament of such Accidents and Occurrences as may concern the good of the Kingdom Which Ordinance and Instructions were agreed to by the Lords at a Conference this Day The great Obstacle to the disbanding the Army Mony Ordered disbanding the Army though it filled the Heads of the Party with Fears and Jealousies which from them was diffused through the whole Nation was perfectly the want of Money and not such Designs of dangerous Consequence as were pretended to amuse the People this they well knew and therefore Ordered thirty thousand Pound to be sent down to Pay and Disband the Army A Message was brought from her Majesty to the House The Qs. Answer to the Commons about the Commissioners carrying any Message to the King Order about the L. Major and Commonalty of London about the choice of one Sheriff That her Majesty returns her Thanks for the Respects of this House but She hath lately sent to His Majesty and hath nothing at this time to write This Morning the Lord Privy Seal Reported That the Lords Committees meet Yesterday to see if they could Mediate and Compose the Differences between the Lord Mayor of London and the Commonalty touching the Election of one Sheriff but they could have no success in it and so left it to the Consideration of this House Hereupon the Lord Viscount Say and Seal and the Lord Bishop of Lincoln were appointed to withdraw and consider of an Order for setling the Election of the Sheriff pro hac vicê with a Salvo on both Parts which Order is to be entred in the Books of the Chamber of London the Order was in these Words IN the Cause depending between the Commons and Citizens and the Lord Major of the City of London about the Nominating and Electing of one of the Sheriffs of the said City for this Year ensueing their Lordships taking it into their Consideration that the Election should have been dispatched upon Mid-Summer day last past and finding that upon Omission of performing the Election as upon that Day Devolutions have ensued pro tali vicé to the Commonalty of London do Order that for this time the said Commonalty shall forthwith proceed to the Nomination and Election of both their Sheriffs for the Year following hoping that for the first of the two Sheriffs they will make choice of that Party that was Nominated by the Lord Major and their Lordships do further declare That this Order shall be no way prejudicial to any Right and Prerogative claimed by the Lords the Majors of the City of London for the time being nor yet to any Right or Claim made by the Commons or Citizens in this matter now in Question amongst them It was also Ordered That those Lords that are to go into Scotland with some of the Members of the House of Commons shall go to the Lord General in their Passage The Commissioners for Scotland to quicken the Disbanding Order to stop proceedings upon the Conviction of the Lady Wotton a Recusant to desire that the Order of both Houses may be put into speedy Execution for the disbanding of the Horse and they are to give an Account of the Lord Generals Answer Upon signification this day made unto the Lords House that an Indictment and Conviction in London against the Lady Margaret Wotton for Recusancy is returned into the Treasurers and Remembrancers Office of the Court of Exchequer and the Pipe contrary to former Orders of this House in that behalf and against the Priviledges of the same It is Ordered That no further Proceedings shall from henceforth be had in the said Treasurers Remembrancers or Pipe Offices against the said Lady upon the said Conviction nor any Process shall be thence made or issue thereupon until this House shall give further Order in this Matter Upon a former Information to the Commons by one Sewer Saturday August 21. Disarming of Recusants that he had seen a great quantity of Arms in the Marquiss
who invaded England faithful and Loyal Subjects in all Churches and Chappels upon the Thanksgiving Day between the Kingdoms of England and Scotland it was desired by the Commissioners of Scotland that the Loyalty and Faithfulness of his Majesties Subjects might be made known at the time of the Publick Thanksgiving in all Places and particularly in all Parish Churches of his Majesties Dominions which Request was graciously condescended unto by his Majesty and confirmed by the aforesaid Act. It is now Ordered and Commanded by both Houses of Parliament that the same be effectually done in all Parish Churches throughout this Kingdom upon Tuesday the 7th day of September next coming at the time of Publick Thanksgiving by the several and respective Ministers of each Parish Church or by their Curates who are hereby required to read this present Order in the Church Thus did they resolve not only to conquer but to triumph and this was also to be a little kind of Shibboleth for the Clergy for who ever did either speak any thing against the Scots or declined this Declaration of their Loyalty and Fidelity to the King which it was very difficult for Men of sense to believe and therefore more hard for Men of Conscience to declare were certain to be esteemed Malignants and upon the least Complaint were sure to be sent for in the Custody as Delinquents It was also Ordered That Mr. Marshal and Dr. Marshal and Burgess to preach before the Commons upon the Thanksgiving Day A Petition of some Merchants to seize some Parts of America Burgess be desired to Preach before the House of Commons upon the Thanks-Giving Day at St. Margarets Church in Westminster A Petition was presented to the House by several Merchants about the Town consisting principally of three Heads 1 That there might be a certain number of Ships well appointed and stored with Ammunition and Provision for such a Service to be sent to America and some Part to Affrica whereby we might possess our Selves with the Riches of those Countries 2 That the Spanish Party is now grown weak which may induce us with greater alacrity to attempt it 3 That we may thereby become possessed of the Command of both the North and South Seas which will both increase Commerce Shipping Sea-Men and Trade at Home and render us Formidable and Powerful Abroad The Lord Keeper signified to the House that he had received a Letter from the King at Edenburgh by Mr. Anthony Nichols who was the Express sent from both Houses to His Majesty in Scotland The Letter was read in haec verba RIght Trusty and well Beloved We greet you well Whereas We have understood by the Petition of both Houses of Our Parliament in England The King's Letter to the L. Keeper about the Commission to the Committees of both Houses which Anthony Nichols Esquire hath been imployed to Vs from them that they are resolved to send down certain of their Members for to see the Ratification of the Treaty of Pacification by the Parliament here and to that end have desired a Commission under Our Great Seal We do not hold necessary to sign any such Commission but are hereby graciously pleased to give leave to the said Members to come and attend Vs here in Scotland to see the Ratification of the said Treaty and what else belongs thereunto and this We require you to signifie unto both Houses from Vs Given under Our Signet at Our Court of Edenburgh and the 25th Day of August in the 17 Year of Our Reign Such was the Ungovernable Insolence of the Rabble of those who called themselves the Well-Affected Party by their having been indulged because not severely Punished in the Case of the Earl of Strafford that upon every Occasion like a Fire ill quenched they broke out into Disorder and Outrages which was the Occasion of this following Order of the Lords UPon Information this Day to this House An Order of the Lords about the Tumults concerning the French Ambassador Aug. 30. 1641. that the French Ambassador and his Servants hath been lately Assaulted in his own House by a Company of Rude and Insolent People unto the great Dishonor of Our Nation and to his Lordships insufferable Wrong Injury and Dishonor whereof this House is very sensible and do intend that all possible Diligence be used for the finding out of the Malefactors for the Punishment of them to the Example and Terror of others that none may presume hereafter to commit the like Outrages to any Ambassadors of whom this House will always take regard It is therefore thought fit and Ordered by this House That Mr. Hooker Mr. Long Mr. Whittacre and Mr. Shepheard his Majesties Justices of the Peace or any two or more of them shall speedily take this Business into their Examination and by all Dilligence that may be used find out the said Malefactors and to Imprison them until they find out Sureties for their good Behavior and to appear in this House on Monday the 6th of September 1641. to undergo such Punishment as their Lordships shall think fit to inflict upon them for their said Offences and Misdemeanors so committed as aforesaid And that the said Justices of the Peace having throughly examined the Business shall make Certificate unto this House on the said sixth day of September next of all the whole Matter and how they find it that thereby their Lordships may proceed therein according to that which shall be Just And lastly That the aforesaid Justices shall give Order That there shall be Watch set according to Law for the better securing the Safety of the Ambassador and his House and for preventing Disorderly and Tumultuous Assemblies Ordered That the Lord Great Chamberlain Lord Chamberlain Earl Warwick Lord Kymbolton do acquaint the French Ambassador from this House that their Lordships have taken this Business into Consideration The House of Commons also took the Case of Sir John Corbet into debate whe for saying at a Quarter Sessions in the County of Salop That the Muster Masters Wages throughout England were illegal and against the Petition of Right c. had been Imprisoned and Fined by the High Commission Court and it was Ordered That the late Lord Keeper Coventry the Archbishop of Canterbury and others who were the Occasions of it shall make him Reparations for his Sufferings and Damages and a Conference was desired with the Lords upon it where the Managers of the Commons delivered to their Lordships a Transmission of an Impeachment concerning the Cause of Sir John Corbet a Member of the House of Commons against the Earl of Bridgwater the Lord Privy Seal the Archbishop of Canterbury the Lord Cottington the Lord Newburgh and the two Secretaries of State in which the House of Commons desire that the several Persons whom it concerns may be called to answer and that their Lordships would proceed therein according to Justice and that Sir John Corbet may have Reparation for his Imprisonment
c. Next the Bishop of Linclon reported that at the same Conference Mr. Nichols that was sent into Scotland to his Majesty from both Houses reported That he had delivered the Petition and the Draught of the Commission to his Majesty but his Majesty thought not fit to sign it for these Reasons which he commanded him to signify to the Parliament 1 That his Majesty conceives the Treaty of Pacification The King's Reasons for not signing the Commission sent into Scotland by Mr. Nichols from both Houses between the two Kingdoms is already ratified by the Parliament of Scotland 2 If this Commission should be granted it would beget new Matter 3 It would be a means to keep his Majesty longer there then he intended to stay 4 That the Scots Army is over the Tweed and that the Lord General hath almost Disbanded all Our Army and hath begun with the House A Letter from the Lord General was read declaring Contents of a Letter from the Lord General That he will pursue the Orders of Parliament in disbanding the Army but he understands that the Scots will keep 5000 Men undisbanded until our Army be all disbanded and our Fortifications at Barwick and Carlisle slighted and that to this purpose he had received Directions from his Majesty to demolish the Fortifications and remove the Ordnance and Munition from thence The Bishop of Lincoln Reported the Conference with the Commons concerning Disarming Recusants to this Effect THat the House of Commons had taken into consideration the Store of Arms in this Kingdom and they find The Conference about disarming Recusants Aug. 30. 1641. that there are many Arms in the hands of Popish Recusants for disarming of whom the House of Commons have frequently recommended to this House the disarming of them according to the Stat. of 3 Jac. but they have found that the good came not by this Statute as was intended for upon Indictments for Recusancy there were Certioraris's granted Therefore the House of Commons have taken these things into consideration again and the rather because of the Kings absence at this time in Scotland and that the time of the Recess draws nigh and considering the late Troubles of this Kingdom whch are not yet settled the House of Commons have considered of an Ordnance of Parliament and some Instructions to be given unto such Commissioners as they have named to see to the disarming of Popish Recusants according to the Statute of 3 Jacobi which Ordinance and Instruction they present to their Lordships desiring them to joyn with them herein Then the aforesaid Ordinance and Instructions were read in haec verba An Ordinance made and agreed by the Lords and Commons in Parliament for the speedy disarming of Popish Recusants and other dangerous Persons The Ordinance of Parliament for Disarming Recusants WHereas for the preventing and avoiding of dangers that might grow by Popish Recusants Provision hath been heretofore made by Act of Parliament for the disarming of all Popish Recusants convicted within this Realm which said Law hath not taken so good effect as was intended by Reason such Recusants and Persons Popishly affected have by subtle practices and indirect means kept themselves from being convicted or being outwardly conformable have caused or suffered their Children Grand-children and Servants to be bred up and maintained up in the Popish Religion and have otherways hindred the due Execution of the said Law to the great danger and grievance of the Common-wealth And for that it is too manifest that the said Popish Recusants have always had and still have and do practise most dangerous and pernicious designs against the Church and State and by the Laws of this Realm in times of imminent danger or of any forcible Attempts Designs or Practises against the Peace and Safety thereof all Armor Weapons and other Provisions that may tend or be imployed to the effecting of such mischievous Designs ought timely to be removed and taken away and all fit means used for the securing of the Peace and safety of the Realm And for the preventing of such further mischiefs as may happen by any Outrage or Violence to be offered It is therefore Ordained and Provided by the Lords and Commons in this present Parliament Assembled That all such Arms Gun-powder and Munition of what kind soever as any Popish Recusant convicted or any Person or other which is or shall be Indicted for such Recusancy and such Indictments either are or shall be removed by Certiorari or being not removed shall not by Appearance and Traverse or otherwise be Legally discharged before this Ordinance be put in execution or which shall not have repaired to Church more then once in every Month or shall not have received the Holy Communion according to the Rites of the Church of England within one whole year next before the making hereof and which shall refuse to take the Oaths of Supremacy or Allegiance upon Lawful Tender thereof made or whose Children or Grand-children or any of them being at his or her dispose or living in the House with them is or shall be bred up in the Popish Religion or have not repaired to Church within one year next before the making of this Ordinance according to the Laws and Statutes of this Realm or whose Houshold Servants or any two or more of them is or shall be of the Popish Religion hath or shall have in his and their House or Houses or elsewhere or in the hands and possession of any other to his or their use or at his or their disposition other then such necessary Weapons as shall be thought fit by the Persons Authorized to take and Seize the said Munition to remain and be allowed Arms for the defence of the Person or House of such Recusant or Person aforesaid shall forthwith be taken from every such Popish Recusant or Person as aforesaid and from all others which shall have the same to the use of any such Popish Recusant or Person by such Person and Persons as are and shall be by this Ordinance appointed and authorized in that behalf for every Shire County and Riding within this Realm and Dominion of Wales that is to say For the County of Bedford Sir Oliver Luke Sir Beuchamp St. John Sir Roger Burgoigne Knight For the County of Lancaster John Moor Alexander Rigby Esquire Members of the House of Commons and the two Knights that Serve for that County For Cheshire Sir William Brereton Baronet Peter Vennables Esquire For the City of Chester Francis Gamull Esquire the Major for the time being For the County of Stafford Sir Edward Littleton and Sir Richard Levison For the County of Derby Sir John Curson William Allestre Esquire For the County of Nottingham Sir Thomas Hutchinson Robert Sutton Esquire For the Town and County of Nottingham Sir Thomas Hutchinson Robert Sutton Esquire and the Major for the time being For the County of Lincoln Thomas Hatcher Thomas Grantham and John Broxholm Esquires
that Night and left not a Man in or about his House but he hath dispatched in several Ways and he hath sent me this Way to Tirlagh Oge Mac Hugh and others also with Letters charging them to be with his Lordship this Night at his House Of which Passage I would have given your Honors sooner Notice but that I deemed it fit to be silent in Expectation that a little time would produce some better Ground to afford me more Matter to acquaint your Honors withal Whereupon this Day I understood by one Hugh Mac-Guire that the said Tirlagh Oge Mac Hugh Con-Connaght Mac-Shane Mac Enabb Mac Guire and Oghie O Hosey reported themselves to have been appointed Captains by his Lordship to raise Men and that he had the Nomination of seven other Captains to do the like for to serve under the King of Spain in Portugal and that one of the said Captains namely the said Con-Connaght entertained twelve Men. What Authority or Commission there is for this is not here known but it makes some of us that are of the British to stand in many Doubts and Opinions concerning the same and the rather for that those three Men so named to be Captains are broken Men in their Estates and Fortunes two of them being his Lordships near Kinsmen and that if any Evil be intended they are conceived to be as apt Men to imbrace and help therein as any of their Degrees in this Country These Matters seem the more strange unto me for that they are so privately carried and that upon Friday last I heard Sir Frederick Hamilton say That the Colonels that at my last being in Dublin were raising of their Men to go for Spain were since stayed by Command out of England I have now therefore sent this Bearer purposely by these to make known to your Lordships what I have heard in this Business which I humbly leave unto your Honors Consideration and desiring to know your Pleasures herein with remembrance of my most humble Service unto your Lordships I will end these and be ever Eniskillin 11th of October 1641. Your Lordships in all Duty to be commanded Wil. Cole Superscribed To the Right Honorable his Majesties Lords Justices for the Kingdom of Ireland These hast Present The Examination of Owen Connelly Gent. taken before Vs whose Names Ensue the 22d of October 1641. WHo being truly Sworn and Examined saith The Deposition of Owen Connelly about the Irish Rebellion That being at Monnimore in the County of London-Derry on Tuesday last he received a Letter from Colonel Hugh Oge Mac-Mahon desiring him to come to him to Connogh in the County of Monoghan and to be with him on Wednesday or Thursday last Whereupon he this Examinat came to Connogh on Wednesday at Night last and finding the said Hugh come to Dublin followed him hither He came hither about Six of the Clock this Evening and forthwith went to the Lodging of the said Hugh to the House near the Boot in Oxmantown and there he found the said Hugh and came with the said Hugh into the Town near the Pillory to the Lodging of the Lord Mac-guire where they found not the Lord within and there they drank a Cup of Beer and then went back again to the said Hugh his Lodging He saith That at the said Mac-guires Lodging the said Hugh told him That there were and would be this Night great Numbers of Noblemen and Gentlemen of the Irish and Papists from all the Parts of the Kingdom in this Town who with himself had determined to take the Castle of Dublin and possess themselves of all his Majesties Ammunition there to morrow Morning being Saturday and that they intended first to batter the Chimneys of the Town and if the City would not yield then to Batter down the Houses and so to cut off all the Protestants that would not joyn with them He saith further That the said Hugh then told him That the Irish had prepared Men in all the Parts of the Kingdom to destroy all the English Inhabitants there to Morrow Morning by Ten of the Clock and that in all the Sea-Ports and other Towns of the Kingdom all the Protestants should be Killed this Night and that all the Posts that could be could not prevent it And further saith That he moved the said Hugh to forbear the Executing of that Business and to discover it to the State for the saving of his own Estate who said That he could not help it but said That they did ow their due Allegiance to the King and would pay him all his Rights but that they did this for the Tyrannical Government that was over them and to imitate Scotland who got a Priviledg by that Course And he saith further That when he was with the said Hugh in his Lodging the second time the said Hugh swore that he should not go out of his Lodging that Night but told him That he should go with him the next Morning to the Castle and said if that Matter were discovered some-body should dye for it Whereupon this Examinat feigned some Necessity for his Easement and went down out of the Chamber and left his Sword in Pawn and the said Hugh sent his Man down with him and when this Examinat came down into the Yard finding an Opportunity he this Examinat leaped over a Wall and two Pales and so came to the Lord Justice Parsons William Parsons Tho. Rotherham Robert Meredith Owen O Connelly The Examination of Hugh Oge Mac-Mahon of Connagh in the County of Monoghan Esquire Aged 35 Years or thereabouts taken before the Right Honourable the Lords Justices and Council THE said Examinat saith Mac. Mabon's Examination and Confession about the Irish Rebellion That he thinks there will be Trouble this Day throughout all the Kingdom of Ireland and that all the Fortifications of Ireland will be taken this day as he thinks And he saith That he thinks that it is so far gone by this time that Ireland cannot help it he saith he was told this by Captain Bryan O Neal he saith That Captain Bryan O Neal and Captain Hugh Burne were designed for the Surprizing of the Castle of Dublin and that if this Examinat were one for Surprizing the Castle of Dublin those Captains were principal therein He saith The place of meeting was to be at the Examinat's Lodging He saith That Twenty Prime Men of every County in Ireland were to be at Dublin this last Night concerning this matter and that they were to consult of it this morning at the Examinat's Lodging their Weapons were to be Swords and Skenes and that the Captains that were raising Men in the Irish Countries were they that should bring men hither to second the Business He saith When they had Dublin they made sure of the rest and Expected to be furnished with more Arms at Dublin He said I am now in your hands Use me as you will I am sure I shall be shortly revenged
grants and otherwise And that all His Majesties debts then due in this Kingdom were satisfied out of the said Subsidies and yet His Majesty is of late as the Petitioners have been informed in the House of Commons become indebted in this Kingdom in great Sums And they do therefore humbly beseech that an exact accompt may be sent to His Majesty how and in what manner his Treasure issued 12. The Petitioners do humbly conceive just and great fears at a Proclamation published in this Kingdom in Anno Domini 1635. Prohibiting Men of Quality or Estates to depart this Kingdom into England without the Lord Deputies License wherein the Subjects of this Kingdom are hindred and interrupted from free access to Address to His Sacred Majesty and Privy Council of England to declare their just Grievances or to obtain Remedies for them in such sort as their Ancestors have done in all Ages since the Reign of King Henry the Second and great Fees exacted for every of the said Licenses 13. That of late His Majesties late Attorney General hath exhibited Informations against many Boroughs of this Kingdom into His Majesty's Court of Exchequer to shew cause by what Warrant the said Burgesses who heretofore sent Burgesses to the Parliament should send the Burgesses to the Parliament and thereupon for want of an Answer the said Priviledges of sending Burgesses was seised by the said Court which proceedings were altogether Coram non Judice and contrary to the Laws and Priviledges of the House of Parliament and if way should be given thereunto would tend to the Subversion of Parliaments and by consequence to the ruine and destruction of the Common-wealth And that the House of Commons hath hitherto in this present Parliament been deprived of the Advice and Counsel of many profitable and good Members by means thereof 14. By the powerfulness of some Ministers of State in this Kingdom the Parliament in its Members and Actions hath not his natural Freedom 15. And lastly That the Gentry and Merchants and other His Majesty's Subjects of this Kingdom are of late by the Grievances and Pressures beforesaid and other the like brought very near to Ruine and Destruction And Farmers of Customs Customers Waiters Searchers Clerks of unwarrantable proceedings Pursivants and Goalers and sundry others very much enriched whereby and by the slow Redress of the Petitioners His Majesties most Faithful and Dutiful People of this Kingdom do conceive great fears that their readiness approved upon all occasions hath not been of late presented to his Sacred Majesty For remedy whereof the said Petitioners do humbly and of right beseech your Lordship that the said Grievances and Pressures may be speedily redressed and if your Lordship shall not think fit to afford present relief that your Lordship might admit a select Committee of this House of Persons uninteressed in the benefit arising of the aforesaid Grievances to be licensed by your Lordship to repair to his Sacred Majesty in England for to pursue the same and to obtain fitting remedy for their aforesaid and other just Grievances and Oppressions and upon all just and honourable occasions they will without respect of particular interest or profit to be raised thereby most humbly and readily in Parliament extend their uttermost endeavour to serve His Majesty and comply with his Royal and Princely occasions And shall pray c. Not long after the Lord Deputy Wendesford died Lord Deputy Wendesford dies viz. the Third of December following whereupon Robert Lord Dillon of Kilkenny-west and Sir William Parsons Knight and Baronet Master of the Court of Wards L. Dillon and Sir William Parsons made Lords Justices were Constituted Lords Justices of Ireland and were accordingly Sworn the 30th of December 1640. But the Lord Dillon whose Son had married the Earl of Strafford's Sister and who being a Person of great Parts and Abilities and passionately devoted to the Earl's Interests both by Alliance and Inclination was no way grateful to the Faction it was not long therefore before the King who in all things endeavoured to sweeten them by gratifying them in whatever they desired was prevailed with L. Dillon displaced and Sir John Borlase substituted in his room at the Importunities of the Irish Committees then at the Court to displace the Lord Dillon and appoint the aforesaid Sir William Parsons and Sir John Borlase to be Lords Justices of the Kingdom of Ireland These Gentlemen by His Majesties Command applied themselves to give such satisfaction to His Majesties Subjects of Ireland as in reason they could desire and among other things His Majesty was pleased to reduce the Subsidies from 40000 l. a Subsidy to 12000 a piece and all things seemed to be in a most quiet and peaceable Posture and Condition of Settlement But yet even then which seems much to confirm the Lord Macguire's Confession this Rebellion was upon the Anvil for about the latter end of the year 1640 the King received some advertisements of a Design then on Foot to raise some Commotions in Ireland whereupon the King whose care for the Security of his Kingdom and Protestant Subjects of Ireland was always awake caused Sir Henry Vane his Principal Secretary of Estate to advertise the Lords Justices Parsons and Borlase of it and to Command them to take care therein The Letter which I find in Dr. Borlase's History was delivered to the Lord Parsons and found after his Death in his Study by Sir James Barry Lord Baron of Santry and presented to His present Majesty and was in these Terms Right Honourable HIS Majesty hath Commanded me to acquaint your Lordships with an Advice given him from abroad Sir H. Vane's Letter to the Lords Justices concerning some Informations of danger in Ireland and confirm'd by his Ministers in Spain and elsewhere which in this Distemper'd Time and Conjuncture of Affairs deserves to be seriously consider'd and an especial care and watchfulness to be had therein which is That of late there have passed from Spain and the like may well have been from other Parts an unspeakable number of Irish Church-men for England and Ireland and some good old Soldiers under pretext of asking leave to raise Men for the King of Spain whereas it is observed among the Irish Friars there a whisper runs as if they expected a Rebellion in Ireland and particularly in Connaght Wherefore His Majesty thought fit to give your Lordships this notice that in your Wisdoms you might manage the same with that Dexterity and Secresie as to Discover and Prevent so pernicious a Design if any such there should be and to have a watchful Eye on the Proceedings and Actions of those who come thither from abroad on what pretext soever and so herewith I rest Your Lordships most Humble Servant Henry Vane White-Hall March the 16 th 1640. The preservation of this Letter appears very uncommon and looks as if Providence interessed in the Vindication of Oppressed Innocence had reserved it to clear the
Illustrious Memory of the Royal Martyr from the Barbarous Calumny which the wickedest of Mankind indeavoured to fix upon him as being conscious of and favouring this Execrable Rebellion in Ireland Whereas this makes it evident beyond the possibility of contradiction that His Majesty took all the care imaginable to suppress the very first beginnings and motions towards an Insurrection And from hence one may also very probably conjecture at the reason why his Majesty was so willing to comply with the Desire of the Spanish Ambassador to Transport such a Number of the Irish for the Service of the King his Master and possibly this very information might be the great inducement which moved his Majesty to consent to their Transportation for rationally speaking had these Levies gone forward and the Military men of that Nation been sent abroad into the Service of Forreign Princes there could have been no Rebellion or at least nothing so formidable as it proved and that which seems to confirm the Conjecture is That the Roman Catholick Members of the House of Commons in Ireland who were acquainted with the Conspiracy did with all the Artifice and Industry imaginable as well as the English Parliament indeavour to obstruct the Transportation of the disbanded and discontented Souldiers among other Specious and Colourable Arguments * Vide Dr. Borlase's History p. 8. insinuating That the Spaniards having long born ill-will to England they did not know how soon those very Regiments acquainted with every Creek of the Kingdom might be returned on their own Bowels having naturally a love to their Religion which such an Incendiary as the King of Spain might soon inflame to the highest prejudice But however this Intimation given to the Lords Justices by Secretary Vane's Letter doth abundantly clear his Majesty from the least degree of Suspition of contriving fomenting or conniving at this Irish Rebellion so it will fix a blemish either upon the Integrity or Abilities of Sir William Parsons at least after having so fair Warning given that he should never be able to penetrate into the Plot of the Irish which sure a Chief Governor of Ireland could not want Means and Instruments to do till it was so ripe for Execution as to be impossible to prevent it and which is worse to be in no tolerable posture of Provision to Suppress and Extinguish it upon the first Eruption Nor did the Conspirators in Ireland fail to Use the same Arts and Methods which those of Scotland and England and indeed all Conspirators are wont to make Use of to raise up Fears and Animosities Jealousies and pretended Grievances to unhinge the People from their Allegiance by complaining of the Mal-Administration of the Government and Publick Affairs Salust in Conjur Catal. This the Historian tells us was one of the Master-Pieces of Cataline and his Associates illis quieta movere magna merces videbatur And thus did the Irish Conspirators for at the meeting of the Parliament the great business was complaints of Grievances and Impeachments of High Treason against the Prime Ministers of State Sir Richard Bolton Lord Chancellor of Ireland and others were Impeached of High Treason and the Bishop of Derry though contrary to all presidents of that Nature as was certified by the Lords Justices to the principal Secretary upon Search made by his Majesties Commands for that purpose but as Sir John Temple observes they had a design to draw the Government wholly into the hands of Natives thereby to facilitate the intended Alteration of the Constitution And upon this occasion the Popular Men displayed their Talents in aggravating Speeches to make things little in themselves swell and appear bulky and grievous Upon the Impeachment of Sir Richard Bolton c. Mr. Audley Mervin made this following Speech My Lords I Am commanded by the Knights Mr. Audley Mervin's Speech at the Exhibiting the Articles of High Treason against Sir Richard Bolton c. March 4. 1640. Citizens and Burgesses of the Commons House to present unto you Ireland's Tragedy the Gray-Headed Common Laws Funeral and the Active Statutes Death and Obsequies This dejected Spectacle Answers but the prefiguring Type of Caesar's Murther wounded to the Death in the Senate and by Brutus his Bosom Friend our Caesar's Image by Reflection even the Fundamental Laws and Statutes of this Kingdom the sole Means by which our Estates are confirmed our Liberties preserved our Lives secured are Wounded to Death in the Senate I mean in the Courts of Justice and by Brutus too even by those Persons that have received their Beings and Subsistance from them so that here enters those inseperable first Twins Treasons and Ingratitude In a plain Phrase My Lords I tender unto you Treason High Treason such a Treason that wants nothing but Words to express it To Counterfeit the King's Seal to Counterfeit the King's Money it is Treason but this dies with the individual Party To betray a Fort is Treason but it dies with a few Men. To betray an Army is a Treason but it dies with a Limited Number which may be reinforced again by Politick Industry To blow up both Houses of Parliament is Treason but succeeding Ages may replant Branches by a fruitful Posterity but this High Treason which I do now in the Name of the Houses of Commons charge and impeach Sir Richard Boulton Knight Lord Chancellor of Ireland and Sir Gerard Lowther Knight Lord Chief Justice of the Common-Pleas John Lord Bishop of Derry Sir George Ratcliffe Knight is in its Nature so far transcending any of the former that the rest seem to be but petty Larcenies in respect of this What is it to Subvert the Fundamental Laws of this Kingdom High Treason What is it with a contumacious Malice to Trample under Feet the rich Legacies of our Fore-Fathers purchased with Sweat and Expence I mean the Statute Laws what is it but High Treason What is it through an Innate Antipathy to the Publick Good to Incarcerate the Liberty of the Subject under the Iron and Weighty Chains of an Arbitrary Government High Treason What is it since his Majesty the most amiable and delightful Portraiture of Flourishing and Indulgent Justice to his Subjects to present him Personated in their Extrajudicial Censures and Judgments but to possess if possible the Hearts of his Loyal Subjects of this Kingdom That he is a Bloody and Devouring Tyrant and to provoke their never Dying Allegiance into a Fatal and Desperate Rebellion What is it to Violate the Sacred Grants of many of his Majesties Progenitors Kings and Queens of England Confirmed under the Broad Seal being the Publick Faith of this Kingdom by an Extrajudicial Breath grounded upon no Record What is it to Insert a Surreptitious Clause forged by some Servile Brain in the Preamble of our last Act of Subsidies by which the King 's Most Excellent Majesty and the Earl of Strafford are placed in one and the same Sphear allowing them but equal Influences to nourish the
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
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
live KING CHARLES and QVEEN MARY and their Majesties reciprocally and heartily Blessing and Thanking the People with all the Expressions of Satisfaction imaginable Being come to the End of St. Laurence Lane the Passage being narrow neither Horse nor Foot could be planted there so that only the Sheriffs Officers the City Counsel and Officers the Sheriffs Aldermen and the Lord Mayor conducted their Majesties and their Noble Retinue to Guild-Hall At their entrance there divers Honorable Lords and Ladies that had not given their attendance abroad presented themselves to his Majestie and attended Him and the Queen up to the New and Old Councel-Chambers which were appointed for their Repose till Dinner could be served up the Four Comptrollers for the Day and about 80 comely and grave Citizens in Foynes and Liveries standing and making a Lane on both sides their passage to whom their Majesties shewed gracious Respects the City Musick playing all the while to Entertain them during the time of their Repose As soon as their Majesties had a little reposed themselves Command was given to serve up Dinner the Place appointed for it was the Hustings at the East End of the Hall which was raised almost two Yards from the Ground the Floor being covered with Turky Carpets and all the Hall as all the other Rooms were hanged and adorned with rich Tapestry In the middle of the place where their Majesties Dined was hung up a Cloth of Estate and two Chairs of Estate were placed under it before which was a Table of 6 Yards long at the South End whereof at two Yards distance was a Table of Garnish 3 Yards square and at the North End was a Room Erected for Musick of all sorts for the Entertainment of their Majesties while they were at Dinner About 4 or 5 steps under the place prepared for their Majesties was a frame of Timber Erected and Floored with Deals a Yard from the Ground which Extended almost to the Hall Door upon each side whereof was a Table set from the upper to the lower end of it at these two Tables the Lords and Ladies that attended their Majesties were to Dine between which was a spacious Way left covered with Green Bayes whereon their Majesties were to pass where they should dine In the West part of the Hall below the Gate on the South side was a long Table placed for the Gentlemen Pensioners and in all other Rooms that were not for their Majesties Retirement Tables were likewise prepared for several sorts of their Majesties attendants Dinner was served up in this manner From their Majesties Table to the Dresser which was at the West End of the Hall stood the 80 Livery Men before mentioned in two Ranks about 2 yards distance from each other Face to Face one Rank of them receiving from the Dresser the King's Meat and the other the Prince's at one and the same time they never stirred from their places but delivered the several Dishes from one to another till it came to the Sewers who placed them upon the Table Their Majesties Table was furnished with four Courses the first consisting in 50 Dishes of Cold Meats as Brawn Fish and Cold baked Meats planted upon the Garnish or side Table the other three were of all sorts of Fish Fowl and Flesh to the Number of 120 Dishes of the Choicest Kinds that could be procured After which was served up a most Excellent and well ordered Banquet of all sorts of Sweet-meats and Confections wet and dry At the High Table Dined His Majesty his Royal Consort the Queen the Prince the Duke of York the Princess Mary and the Prince Elector Palatine in this Order The King sate under the Cloth of Estate and Her Majesty close to him on his left hand On his right hand about a yard distance sate the Prince and about the same distance from his Highness sate the Prince Elector At Her Majesties left hand about a yard distance was placed the Princess Mary and not far from her the Duke of York The Service for the Tables of the Lords and Ladies was thus ordered The Liveries before mentioned after the Meat was placed on the high Table served up Dinner to those Tables but in a different posture for whereas before they stood in two Ranks Face to Face they now turned Back to Back because the Dishes being served to both Tables together the one Rank of them might face to one Table and the other to the other To these two Tables were appointed 10 Messes consisting of 500 Dishes These two Tables being furnished care was taken for the rest of the Train that were thought fit to be entertained within the Hall who were all served so plentifully that not one person was heard to go discontented away A large Provision was made abroad for the Guard Footmen Coachmen and the like Their Majesties were extreamly pleased as well with the Excellent Management Sir John Pettus Knighted as the Plenty and Splendor of the Entertainment and Dinner being Ended the King sent for Mr. John Pettus a Gentleman of an Ancient Family in the County of Suffolk and bestowed the Honor of Knighthood upon him as a mark of his Favour to the Lord Mayor whose Daughter he had married Their Majesties having reposed themselves some little time after Dinner the Dayes being short command was given for their Departure and about Four of the Clock they drew up and in the same Order with which they were Conducted into the City they were also attended to White-Hall with this only difference that whereas in the Morning the Footmen carried Truncheons in their Hands they now went with lighted Torches or Flambeaux which gave so great a Light as that the Night seemed to be turned into Day As they passed along the Trumpets and City Musick were placed in several Parts Sounding and Playing which together with the continued joyful Acclamations of the People made the Streets ring again the Conduits in Cheapside and Fleet-street all the while running with Wine In their Passage by the South door of St. Paul's Cathedral the Quire with Sackbuts and Cornets sung an Anthem of praise to God with Prayers for their Majesties long Lives that his Majesty was extreamly pleased with it and gave them very particular Thanks as all the way of his Passage He used such Expressions of his high Contentment and Sense of the Affections of his People that there seemed to be a kind of Emulation between him and the City which should most express their kindness to each other The Citizens blessing and praying for their Majesties and their Royal Issue and their Majesties returning the same Blessings upon the Heads of the Citizens The King was in this manner amidst a thousand Prayers and Acclamations Conducted to his Palace at White-Hall where the Lord Major coming humbly to take his leave of his Majesty the King out of the abundance of his excellent good Disposition was graciously pleased to imbrace the Lord Major heartily thanking him
Water in the other for the same Committee was appointed to draw up the Petition together with some Reasons which necessitated the House make this Declaration were at the same time ordered to frame a Congratulation for his Majesties safe return from Scotland And that the Reader may perceive the true Reason why they made use of this Fucus of pretended Loyalty to paint over their Designs and that the Remonstrance was very early projected by the Faction even in the beginning of the Parliament I must once more present him with a Passage out of the Memoires of the late Earl of Manchester The Grievances of the Kingdom having been fully enumerated and declared some of the Members of both Houses had private Meetings and Consultations how to direct their Parliamentary Resolutions in order to present Redress and future Security and it was conceived by them to be the most certain Way and most consistent with the Duty and Allegiance of Subjects to fix their Complaints and Accusations upon evil Counsellors as the immediate Actors in the Tragical Miseries of the Kingdom rather then upon the personal Failings and Mal-administrations in the King Therefore it was resolved That the House of Commons as the Grand Inquest of the Kingdom should draw up such a Remonstrance as might be a faithful and lively Representation to his Majesty of the deplorable Estate of his Kingdom and might point out unto him those that were most Obnoxious and Liable to Censure owning still such a due regard to his Royal Authority as not to mention his Name but with Honor and in the deepest Sense of their former Grievances to render him Thanks for the calling this Parliament as the happy Omen to their present Hopes of future Redress and Establishment By which short passage one may plainly see the Method by which they conducted themselves which was to preface their most scandalous Declarations and most unreasonable Demands with the fair Expressions of Loyalty Duty Allegiance and Honor to his Majesties Person and that all their Animosities month Decem. 1641. were only against the Evil Counsellor who Administred the Publick Affairs but for the King they had no other Intentions then to render him Great and Glorious and to establish the Throne to him and his Posterity But to proceed in the Parliamentary Transactions Wednesday Decemb. 1. Bishop of Exeter's Report about Books formerly seized by the High Commission this Day the Bishop of Exon reported to the Lords House That the Committee formerly appointed by their House have perused those Books which were seized on coming from beyond the Seas and others printed in England and put into the Hands of the Register of the High Commission Court and the Committee finds them to be of three several sorts 1 Such as are fit to be delivered to the Owners and to be sold by the Stationers as good and vendible Books viz. The Holy Table Name and Thing Mr. Walker 's Treaty of the Sabbath A French Commentary on the Revelations Dr. Burgess his Rejoynder for Ceremonies Some old Books of Controversies A Second sort of Books which the Committee thinks fit to be sold to choice Persons as Causin 's 4th Tome of Holy Court in fol. of which there are 370. Thomas de Kempis of the following of Christ of which there are 100 in Decimo Sexto The Life of Sir Thomas Moor. A Third sort of Superstitious Tablets and Books which are fit to be Burnt as Missals Primers and Offices of our Lady c. Hereupon it was Ordered by this House The Order of the Lords concerning some Popish and other Books That the first sort of Books are approved of by this House and are to be delivered to the Owners and to be sold by the Stationers and that the second sort be delivered over to safe Hands to be sold to Noblemen Gentlemen and Schollars but not to Women and lastly That the third sort be burned by the Sheriffs of London in Smithfield forthwith Sir Henry Beddingfield who was formerly sent for by Order of the Lords Sir Henry Beddingfield of Norfolk his Examination was brought in and the Information of William Shales was read unto him which being done Sir Henry Beddingfield desired he might answer particularly to the Charge But there being several Opinions in the House herein he was commanded to withdraw and the House took it into Consideration and Resolved he should be asked Generals before Particulars Sir Henry was called in again and the Speaker by Directions of the House asked him these Questions 1. Whether he knowes one William Shales 2. Whether he was with him in his Garden at the time mentioned in the Information and who else was with him 3. What Discourse he had with Shales 4. How long be had known Shales Sir Henry Beddingfield's Answer was 1. That he knowes William Shales for he was formerly his Faulkner 2. That Shales was with him in his Garden in April last and Poole with them 3. That their Discourse was Where the best place for Hawking was in Ireland and no other discourse It was then desired That Sir Henry Beddingfield might be asked Whether that Poole be a Priest And it was objected That thereby he might accuse himself but he being not upon Oath was asked the Question and he Answered That Poole was no Priest After this Poole was Examined upon Oath What he knowes concerning the Information of William Shales He answered That he was present at the Discourse between Sir Henry Beddingfield and the said Shales and he remembred they discoursed in the Garden of Hawking and what kind of Country Ireland was for Hawking and about taking of a House at Kilkenny and that Shales said All things were quiet in Ireland but denied he heard or knowes any more The House taking the whole business into Consideration and finding no sufficient matter to proceed against Sir Henry Beddingfield Sir H. Beddingfield acquitted Ordered That he be released from his present restraint and dismissed from any further attendance upon this House for any thing concerning this Business And lastly that his Study shall be Vnsealed and opened as it was before any Order of this House served upon him The Lord Keeper Reported a Conference this day had with the Commons concerning the Impeached Bishops and Phillips the Priest A Conference concerning the Impeached Bishops and Phillips the Priest That the House of Commons have received the Plea and Demurrer of 12 of the 13 Bishops that are impeached for making the Book of Canons c. contrary to Law and that one of them pleads Not Guilty the other 12 neither confessed nor denyed the Charge The House of Commons are ready to make it good by proof and do desire a short day to be prefixed for that Purpose Concerning Phillips the Priest the House of Commons say That they understand their Lordships have received satisfaction from him for the Contempt done to their House That the general business of the Kingdom hindered the
not to tender a thing called a Plea and Demurrer As also that the Commons conceive they ought to have been called in this Case for that they have desired it in both their Charges to be present at their Answer and that it was their Right to have been called Further They observe the long delay to the Commons for that they having charged these 13 Bishops long since for meer matter of Fact to be brought so late to Answer may introduce great inconveniencies in this particular and in the Consequences and is not Exampled by former Precedents That therefore upon these Grounds the Commons desire the Lords they may be admitted to make good their proof against these 13 Bishops and that they may be brought to Judgment It was this day Ordered by the Lords Tuesday Decemb. 7. Some Causes in Parliament determinable in no other Court That Forasmuch as the Cause between Smith and Busby in a Writ of Error decidable in no other Court but in Parliament in regard the Suit was Commenced by Original Writ and depending long before the Lords here it having been sundry days attended for Argument with Counsel And being it is a matter in Law the presence of the Judges is thought needful and so cannot be heard in the Term without prejudice to the several Courts of Westminster-Hall It is therefore Ordered by this House That the said Case shall be argued at this Bar on Thursday Sevennight next being the 16th of this Instant December and the Judges are desired to be present at the said Argument And further That the Parties of either side or their Council are to attend and come prepared for arguing and debating the Points in the said Case at their perils The following Commission to give Power to the English Commissioners of both Houses to Treat with the Scots Commissioners touching the Affairs of Ireland was read viz. CHARLES by the Grace of God The King's Commission to several Lords and Commons to treat with the Scots Commissioners concerning assistance for Ireland c. To Our right Trusty and right Well-beloved Cousin William Earl of Bedford and to Our right Trusty and right Well-beloved Cousin and Councellor Robert Earl of Leicester Lieutenant General and Governor General of Our Realm of Ireland as also to Our Trusty and right Well-beloved Edward Lord Howard of Escrick and likewise to Our Trusty and right Well-beloved Nathanael Fines Esq Sir William Armyn Baronet Sir Philip Stapleton Knight John Hampden Esq Greeting Know ye That We reposing assured Trust and Confidence in your approved Wisdoms Fidelities and great Abilities have Nominated Constituted and Appointed you to be our Commissioners and by these presents do give full Power and Authority unto you or any Three or more of you whereof the said Earl of Bedford Earl of Leicester or Lord Howard to be one to Treat and Consult with Our Right Trusty and Right Well beloved Cosins William Earl of Lothian and John Earl of Lindsay Our Commissioners of Our Scottish Nation of and concerning Our Irish Affairs for the quieting and suppressing of all Tumults Insurrections and Rebellions moved and raised in Our Realm of Ireland and settling Peace and Tranquillity therein according to such Instructions and Directions as you shall hereafter from time to time receive from Vs in that behalf Wherefore We Will Require and Command you or any three or more of you whereof the said Earl of Bedford Earl of Leicester and Lord Howard to be one forthwith with all diligence to attend the Execution of this Our Commission accordingly And whatsoever you shall do in this behalf according to the Tenor hereof this Our Commission shall be your sufficient Warrant and Discharge for the same Witness Our Self at Westminster the 7th day of December in the 17th Year of Our Reign c. The late Bishop of Lincoln now Archbishop of York Late Bishop of Lincoln now Archbishop of York Reports the Conference concerning the Bishops Impeached Reported the Conference with the Commons Yesterday concerning the Impeached Bishops which because it differs from the Heads Reported for that purpose by Mr. Glyn in the Commons Journal I thought it not amiss to insert His Grace Reported That Mr. Glyn said That the Knights Citizens and Burgesses of the House of Commons having lately received a Message from their Lordships that their Lordships had appointed this day to hear the Plea and Demurrer of the Bishops and that such of the House of Commons might be there as they thought fitting commanded him to deliver unto their Lordships these Particulars That the Canons and Constitutions in Question were voted by both Houses to contain Matters contrary to the King's Prerogative the Laws of the Land the Right of Parliament the Propriety and Liberty of the Subject and many matters tending to Sedition and of dangerous Consequence That thereupon the House of Commons to the intent to bring this Matter to Judgment brought up their Impeachment of the 13 Bishops 4th Augusti last which was read verbatim This was all that was acted 4o. Augusti But least this Impeachment might prove too general they brought up a second Charge or Impeachment 13 Augusti which was read in haec verba Whereas the Knights Citizens c. which to avoid Tautologies the Reader may see before in the Transactions of the 13 August By the bringing of this second Impeachment the House of Commons conceive they had satisfied two main Objections 1. That the Book of Canons and Constitutions was not particularly instanced upon in the first which now they punctually deliver with the Impeachment 2. That they had not before charged any thing in particular but now they did That all and every the said Canons and Constitutions and Grants of Benevolence c. were and are contrary c. as in the Vote And hereupon they desired the 13 Bishops might be put to their Answers and yet for all this Desire of the Commons 13. Augusti they had several times which spent almost a Quarter of a Year given them to answer in Their last and peremptory day was the 10th of November last and then they put in no Answer at all but a certain Writing which they are pleased to call a Plea and Demurrer Vpon notice hereof the House of Commons returned an Answer That whereas they had impeached 13 Bishops whereof one of them had pleaded Not Guilty and the rest had neither confessed nor denyed the Impeachment they desired a prefixed day to descend to Proofs and make good the Charge Soon after they received a Message from their Lordships That their Lordships had appointed this day to hear the Demurrer argued Hence it appears That notwithstanding divers daies are given to the Bishops to answer nothing is brought in but a Plea and Demurrer which was not to be admitted for two several Reasons 1. No Defence ought to be made to an Impeachment brought in by the Commons but in the presence of the Commons and it ought to be
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
Yea 170. Mr. Arthur Goodwinn Tellers for the Yea 170. Whereupon It was Resolved c. That a Committee shall be named by this House to fit at Guild-Hall and all that shall come to have Voices at this Committee That this Committee shall have Power to direct and appoint such Monies to be paid as shall be necessary for the Troops at Chester That the Committee for Munster shall have power to sit when they will and to put in Execution all such Propositions as are already agreed upon by both Houses of Parliament Then this following Paper drawn by the forementioned Committee was read and afterwards Voted A Paper concerning his Majesties coming to the House of Commons in vindication of Privileges their adjournment to Guill-Hall London Whereas his Majesty in his Royal Person Yesterday being the 4th of Jan. 1641. did come to the House of Commons with a great multitude of Men Armed in a War-like Manner with Halberds Swords and Pistols who came up to the very Door of this House and placed themselves there and in other Places and Passages near to the House to the great Terror and Disturbance of the Members then thereof sitting and according to their Duty in a peaceable and orderly Manner treating of the great Affairs of both Kingdoms of England and Ireland and his Majesty having placed himself in the Speaker's Chair did demand the Persons of divers Members of that House to be delivered unto him It is this Day declared by the House of Commons That the same is a high Breach of the Rights and Priviledges of Parliament and inconsistent with the Liberty and Freedom thereof And therefore the House doth conceive they cannot with Safety of their own Persons or the Indemnities of the Rights and Priviledges of Parliament sit here any longer without a full Vindication of so high a Breach of Priviledge and a sufficient Guard wherein they may confide for which both Houses joyntly and this House by it self have been humble Suitors to his Majesty and cannot as yet obtain Notwithstanding which this House being very sensible of the great Trust reposed in them Especially at this time of the manifold * Which they had occasioned Distractions of this Kingdom and the lamentable and distressed Condition of the Kingdom of Ireland doth Order That the House shall be adjourned until Tuesday next at One of the Clock in the Afternoon and that a Committee to be named by this House and all that will come to have Voices shall sit at Guild-Hall in the City of London to morrow Morning at 9 of the Clock and shall have Power to consider and resolve of all things that may concern the Good and Safety of the City and Kingdom and particularly how our Priviledges may be vindicated and our Persons secured and to consider of the Affairs and Relief of Ireland and shall have Power to advise and consult with any Person or Persons touching the Premisses and shall have Power to send for Parties Papers and Records And it is further Ordered That the Committee for Irish Affairs shall meet at the Guild-Hall aforesaid at what time they shall think fit and consult and do touching the Affairs of Ireland according to the Power formerly given them by this House And that both of the said Committees shall report the Results of their Considerations and Resolutions to the House Then it was resolved upon the Question That it shall be thus Ordered The Committee appointed to sit at Guild-Hall Mr. Chancellor of the Exchequer Mr. Glyn Mr. Whitlock L. Falkland Sir Philip Stapleton Mr. Fiennes Sir Ralph Hopton Sir John Hotham Sir Walter Earl Sir Robert Cooke Sir Thomas Waslingham Sir Samuel Rolls Mr. Pierrpoint Mr. Walther Long Sir Richard Cave Sir Edward Hungerford Mr. Grimston Sir Christopher Wray Sir Benjamin Rudiard Sir John Hippesley Mr. Herbert Price Sir John Wray Sir Thomas Barrington Mr. Wheeler Sir William Litton And this Committee are appointed by the former Order and are to pursue the Directions of the former Order and all that will come are to have Voices at this Committee These Resolutions following Orders concerning Ireland to exhaust the King's Stores being the Sum of what was agreed upon by the Committee of both Houses for Irish Affairs were this Day presented to the House and read and by Vote upon the Question ordered accordingly That the Arms and Ammunition of all Sorts with the Ordnance at Carlisle be sent into Ireland to Carrickfergus for Supply of those Parts of the North of Ireland and the Arms to be Ordered as my Lord Lieutenant shall direct That for a further Supply of those Parts and for the Arming of those two Regiments under the Lord Conway and Sir John Clotworthy that there be sent from the Tower 1000 Muskets with Bullet and Match proportionable 1500 Swords 10 Last of Powder these Arms and Ammunition to be sent thither and ordered and disposed of as the Lord Lieutenant thinks fit That 10 Last of Powder with Bullets and Match proportionable be sent from the Tower to Munster to be delivered to the Lord President of Munster or whom the Lord Lieutenant thinks fit That 2000 l. be Ordered to be delivered to Sir William Brereton upon Account for Payment of the 300 Horse now at Chester and for their transportation out of the Subsidies or Poll-Money That 3000 l. be assigned to be received in Cheshire or Wales out of the Subsidy or Poll-Money by the Victualler for the present Relief of Dublin and Drogheda That 2000 l. be delivered to the Victualler of Carrickfergus who is ready to set on the Work here having a Ship at his Charges in the River The Commons had as a Committee sate at Guild-Hall in the Morning where it seems there were great Debates concerning the Breach of Priviledges upon which Subject I find in the Prints of those times some Speeches enumerating some of the Priviledges of Parliament at least then reputed so which whether they remain so still I leave to the decision of those who are concerned The Speeches were as follows Mr. Speaker THere are no Courts of Judicature in this Kingdom of England Mr. Grimston's Speech at the Committee sitting at Guild-Hall Jan. 5. concerning Breach of Priviledges c. but they have several Rights and Priviledges appertaining and belonging unto them and have such Power and Authority in the several Jurisdictions of the same Offices that they may call to an account prosecute and bring to Judgment the Infringers and Breakers of the same Of all these Courts there is none yea put them all together they are not of such Power and Jurisdiction but inferior and subject to the Ordinances and Statutes of the High Court of Parliament Mr. Speaker of such awful predominancy is the very Name of a Parliament to this Nation that it strikes with Terror and Despair all such Evil Doers as are Male-factors in the State On the contrary side it cherishes and comforts the drooping spirits of men
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
for setting aside private Business 686. concerning Books seized by High Commission 690. that Philips be released 691. in Smith and Busby 's Case 716. for reviving the Committee for Scandalous Pamphlets 723. and for License to raise Men for the Dutch ibid. Orders of the House of Commons that no Members visit the Earl of Strafford 8. to inquire into the Militia c. 230. in behalf of Pryn 251. about disbanding the Armies 286 454. 456. concerning the Northern Counties 314. about Members of Committees 319. for afternoon Sermons in all Parochial Churches 383. for absent Members 433. that Mr. Marshal and Dr. Burgess Preach the Thanksgiving Sermon before them 467. about a full House 476. for Match and Bullet for the Parliaments Guard 496. for laying by private business 510. for opening the Irish Letters 523. concerning relief for Ireland and Irish Affairs 601 603 613 622 626 824. concerning the Guard for the Parliament 623. concerning the Second Plot in the Army 653. to discourage Petitioners for Episcopacy 655. for clearing the Kings Honour from the scandal of the Irish Rebels 689. for a Search about a Barrel of Gun-Powder 719. for Printing the Remonstrance 437. for care of Berwick Hull and Newcastle 753. concerning the Navy 787. for a double Watch 794. for a Guard under Major Skippon 833. for Sir John Hotham to keek Hull ibid. for Guards and necessary defence 878. Orders of the Lords Justices of Ireland against the Rebels 908 910. Orders for preventing the spreading of the Plague 478. Ordinance of both Houses for Commissioners to go for Scotland 455. for a Thanksgiving for the Pacification 463. for disarming Recusants 470. against Transporting Soldiers into the Service of Forraign Princes 481. for empow'ring the Lord Lieutenant of Ireland to raise Men 606. for enabling the Master of the Ordnance to deliver Ammunition ibid. authorizing the Lord High Admiral to provide Shipping 607. for securing money borrow'd of the City of London 621. to prohibit the Irish going out of England without Licence 621. upon Beal 's Plot 646. to raise the Trained Bands 653. Earl of Ormond speeds to Dublin with his Troop at Summons of the Lords Justices 629. is made Lieutenant General of the Army in Ireland 904. dislodges the Rebels at Finglass 618. Earl of Orrery 's Answer to P. W. quoted 526. Sir Edward Osborn a Witness for the Earl of Strafford 95. his Warrant for levying Money 98. Overtures for a Treaty with the Irish Rebels 917. Oxford Vniversity their Petition to the Parliament in behalf of Episcopacy 305. Oxfordshire Petition against it 409. P. PAcification between the English and Scots 430 438. Palatinate a debate upon it 328 368. Vote about it 373. the King 's Manifesto upon it 383. A. Palmer a Witness against the Earl of Strafford 90. Captain Palmer accused for a Conspiracy to seduce the Army 232. Jeffery Palmer a manager of Evidence against the Earl of Strafford 29. Sir William Parkhurst a Witness against the Earl of Strafford 91. William Parkins his Speech about Bishop Wren 330. Parliament meets at Westminster 5. perpetuated by an Act 195. their first Ordinance 455. agree to a Recess 464. Order a Guard for themselves 487 Parliament in Ireland their Quaeries to the Judges there 572. their Protestation and Declaration against the Rebellion 898. Parliament in Scotland their resolutions concerning the Irish Rebellion 603. Transactions between them and the English Commissioners 608. Henry Parry a Witness against the Earl of Strafford 74. the Sentence past on him by the Irish Council 76. Sir William Parsons made one of the Lords Justices of Ireland 564. Sir William Pennyman a Witness for the Earl of Strafford 55 86 95. his Warrant to his Serjeant Major to raise Money 93. Alderman Penington informs against the Minister of Grace-Church 773. Mr. Henry Percy accused for a Conspiracy to seduce the Army 232. a Proclamation to stop him 233. Conference about him 245. his Letter to the Earl of Northumberland about it 286. Voted Chargeable with High Treason 443. Expell'd the House of Commons 725. Voted to be impeach'd of High Treason 754. Petition and Act of State about the Oath in Ireland 79. Petition of the Yorkshire Gentry 92. of the Londoners against the Earl of Strafford 160. of the like Rabble against the same 189. of the Earl of Strafford to the House of Lords in behalf of his Children 196. of the Vniversity of Cambridge 239. and of the Vniversity of Oxford for Episcopacy 305. from several Ministers of Wales against Episcopacy 317. of the Ministers and People of Oxfordshire and Berks against the same 409. of both Houses concerning Commissioners for Scotland 451. of Sir George Radcliff 464. of some Merchants for seizing parts of America 467. of the Sectaries against Dr. Heywood Mr. Booth Dr. Fuller and Mr. Hutton 492. of Judge Berkley 498. of the Parliament to the King in Scotland 644. of Rutland for Episcopacy 656. of Officers for pay 660. of the House of Commons to accompany the Remonstrance 692. of Huntingtonshire for Episcopacy 720. of Somersetshire for the same 726. of the factious Londoners against Bishops Votes c. 733. incouraged by the House of Commons 733 735. of the Parliament concerning breach of Privilege by the King's Speech 751. of Hertfordshire 753. of Cheshire for the Establish'd Religion 758 759. of the remonstrating Ministers to the House of Commons 764. of the Irish Lords and Gentlemen 769. of the London Prentices about Church-Government c. 775. of several Merchants concerning Ireland 776. of both Houses about the Kensington Business 786 of the Bishops with their Protestation 794. of the men of Bucks against Malignants c. 834 839. of the trained Bands of Westminster about dangers 839. of the Men of Bucks to the King concerning Hampden 840. of the Lord Mayor c. about the King 's going to the House of Commons 841. of several Merchants and others against Sir John Byron 881. of the Bishops either to be tried or bailed 883. Petition and Advice of the Scots Commissioners to the King 876. Petitioners for Episcopacy discouraged 655. Sir John Pettus Knighted 680. Father Philips the Queens Confessor 310. appears 315. sent to the Tower 594. a Message about him from the House of Commons to the House of Lords 597. an Information against him 599. the Queens Letter concerning him 605. petitions to be released 661. order of the House of Lords about him 691. and of the House of Commons about his Trunk 69â— â—bailed 711. Bishop Pierce see Bishop of Bath Lord Pierepoint ordered to the Black Rod for Words 740. petitions to the House of Lords and is released 742. Sir William Pierepoint his Speech at the Impeachment of Sir Robert Berkeley 332. William Pierson a Witness against the Earl of Strafford 94. Place for Trial of the Earl of Strafford agreed by both Houses 28. Plague in London 463. Orders to prevent its spreading 478. Plate a Motion that it be brought in and coin'd 259. Plymouth Bill past 410.
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
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
nearly interested in the Ruin of this great Person than any other he satiated his private Revenge by the pretence of Publick Justice and when in all likelyhood the Earl must have Escaped the Prosecution of his Adversaries he produced that Fatal Scrip of Paper of which mention will be made hereafter which had lain so long Dormant or rather which was newly framed upon which the Bill of Attainder in the House of Commons was founded to take away that Life which a Legal Tryal would otherwise have acquitted though not of Misdemeanors yet of the Capital Crime of High Treason My Lord Wentworth being now made one of his Majesties Privy Council gave such daily Testimonies of his singular Wisdom as soon recommended him to the Observation of that Great Man William Laud then Bishop of London and afterwards Archbishop of Canterbury and that Discernment of each others Merits which generally in great Minds produces Emulation Envy and too commonly Aversion and Animosity begat in them a Friendship which being cemented by the common bond of Loyalty and Fidelity to their great Masters Service and Interest proved so firm and indissolvable as to have no other Period but that of their Untimely Deaths Nor did Fortune who seemed now wholy imployed in bestowing her treacherous Caresses upon this Noble Lord stop here for he was in a little time advanced to be Lord Lieutenant of Ireland one of the Trusts and Honours as near the wearing of a Crown as any thing can be that is not actually possessed of one when he came to that Government he found all things in great Disorder the Revenue so low that Ireland was a Burthen to the Crown of England which by his Wise Management he not only took off but so improved the Trade of the Nation and the Revenue of the Crown that that Kindom was not only able to support it self but to lend supplies to England And as he was an Extraordinary Zealous promoter of the Interest and Glory of the Established Church and the Protestant Episcopal Party for which possibly there was a stricter bond of amitie between him and the Arch-Bishop he did by the assistance of that great Metropolitane procure from his Majesty the Restoring of all the Impropriations which in that Nation were then in the Crown to the Bishops and Clergy thereby rescuing the Church-men from those disadvantages which Contempt and Poverty in these declining Ages of Religion had reduced them to and by proposing Rewards to Merit Virtue Learning and Piety encouraged men of Parts to dedicate themselves to those Nobler Studies That contenting themselves with those competent Provisions they might be enabled to resist the Temptations of applying themselves to the more gainful Arts of Secular Professions In short how he managed the Government of that Kingdom notwithstanding the turbulent Humor of the Native Irish whose Religion being Popish and whose Interest to dispossess the English whom they ever esteemed incroachers and invaders continually prompted them to Rebellions this is the clearest Testimony that during all the time that he was his Majesties Vice-Roy in that Kingdom there was not the least murmur of Sedition but all things buried in a most profound Peace and Quiet But no sooner were the Reigns of his Government taken off and even before the blood was cold which dyed his blushing Scaffold but that Kingdom was all in a blaze and from thence such sparks of Jealousie flew over into England as set this miserable Nation into such an Universal Conflagration as was not Extinguished but with whole Rivers of Blood which one may say not altogether Poetically seemed to be sacrificed by the Revenging Deity to the Manes of this Illustrious Man And now the Sun of his Glory was gotten to the Top of his Meridian and from thence had Exhaled those Vapours and sulphureous ingredients which being condensed into Clouds of Popular Discontents raised so horrible a Storm as forced him to set in a dismal Cloud Laetis hunc Numina Rebus Crescendi posuêre modum Innocence is no Protection against Envy and those Merits which raised Admiration and Satisfaction in Good and Virtuous Men produced Emulation and Hatred in the Minds of the Turbulent and Discontented and as formerly all the Complaints and Grievances of the Nation seemed to Centre in the Duke of Buckingham so now the Noble Earl of Strafford for to that Honour he was advanced inherited with the Favour of his Prince all that was Black and Criminal in a Favourite which was now become a certain mark of the Peoples Hatred The long Discontinuance of Parliaments the Imposition of Ship-mony and the Design of introducing Arbitrary Government were all placed to his Score as the intentions of bringing in Superstitions Innovations and Popery were charged upon the Archbishop of Canterbury But above all he had so Exasperated the Scottish Faction and their Friends in England that his or their Ruin as they concluded was inevitable for he had raised a Considerable Army in Ireland and being in the Sickness of the Earl of Northumberland made Lieutenant General of the Army in the North he was an utter Enemy to the Treaty and of Opinion by force of Arms to drive the Scots out of England and so confident was he in the height of his Courage that it might Easily be Effected that in one of his Letters to the Archbishop he writ That he would venture his head if he did not drive the Scots out of England and though he did not think it proper for him as the Case now stood to give the King that Advice Yet if any of the Lords would propose to the King to try the Fortune of a Battle he made not the least scruple to send the Scots back again in more haste than they came into England And had his Majesty pursued those Counsels in all humane Probability this Noble Earl might have saved not only his own but the Royal Head of his Master and that vast Expence of Blood and Treasure as well as the Honour of the English Nation which suffered infinitely abroad by all the succeeding Accidents and Events which Ensued that dishonourable Treaty but Diis aliter visum est No sooner was the Parliament met at Westminster Friday November 6. and the necessary affairs of choosing a Speaker taking the Oaths of Allegiance and Supremacy and upon Friday Novemb. 6. the Grand Committees for Religion Grievances Courts of Justice Trade and Priviledges settled but Mr. Pym moved for a Committee of the whole House to take into Consideration the Irish Affairs from whence there were great and numerous Complaints This was seconded by Sir John Clotworthy in a Speech wherein though he did not name the Earl of Strafford yet the pointed reflections were so easie to be interpreted that the whole House knew he was the Person at whose head the Thunderbolt was levell'd After some Debate the House was Divided upon the Question and there being Yeas 165 Noes 152 it was carried in the affirmative
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
Treason over Shoes over Boots that being charged with Exorbitances destructive of Law he takes shelter under the King's Prerogative which was to cast a Scandal upon it before all that Assembly That his Letters Patents rise up in Judgment against him for betraying that Trust the King had reposed in him ad Custodiendum leges Regni the Orders he produces come not up to the point that a Deputy alone hath determined Matters of Possession Then Witnesses were Examined as to former Deputies the Earl of Cork Lord Ranulagh Sir Adam Loftus Lord Mountnorris and Earl of Bath who all deposed they knew no Deputy determine in matters of Land in Equity or other wise but some times in Matters of Debt for relief of poor men To Henry Dillon's Testimony they replied He had been sentenced at the Council Board for speaking untruths and produced his acknowledgment testified by Sir Adam Loftus and Lord Dillon That in the Lord Mountnorris 's Case he would not grant his Pardon though directed by the King's Letter till he acknowledged his Sentence to be just To this Mr. Anslow deposed the King's Reference That his Majestie is pleased that upon such submission as the Lord Deputy shall approve of he shall have his Liberty to come into England the Lord Deputy to take Notice hereof and Order therein accordingly That the Lady Mountnorris presenting her Petition accordingly upon her knees was rejected by the Lord Deputy Then an Order was produced and deposed by William Brettergh That the Earl of Strafford ordered the Possession in a Suit inter Robert Parkhurst and the Lord Baltinglass and others against the said Lord. To this The Earl's Defence being new matter the Earl replied That Parkhurst had a Clear Title to the Estate by Fine and Recovery and diverse Conveyances That the Lord Baltinglass desired him to see if he could procure him a further Summ of Money from Parkhurst and that it was Ordered with their Consent for the Jurisdiction if he had the Lord Faulkland 's Books of Entries he could make it appear that he had alone granted Warrants for attachment against Body and Goods for Distresses to Sherriffs for Possession of Lands and Injunctions to Judges at Assizes To the deportment of the Lady Mountnorris a Witness affirmed That the Earl told her when she delivered it on her knees That she had done him so great an injury that to have broke his head would have pleased him better My Lord Dillon affirmed that he desired her to rise and handed her to her Coach but received not the Petition acquainting her that he was going abroad The Manager said Mr. Strode The greatest Tyranny was the Earl of Strafford's keeping him in Prison till he should confess the Sentence just which in his heart he abhorred and held unjust My Lord then desired their Lordships to consider his disability and how little time was allotted him for every days defence upon which the Court was adjourned The 7th Article was for the present passed by Tuesday March 30. Artic. 8. and part of the 8th they insisting only upon the latter part of it about the Lady Hibbots Land of which he had dispossessed her and purchased it to his own use in the name of Sir Robert Meredith To this John Hoy was offered as a Witness John Hoy. but the Earl objected against him as swearing for himself he having Inheritance in the Lands Notwithstanding he was admitted and deposed That the Lady Hibbots contracted with Thomas Hibbots for the Reversion of certain Lands for 1600 l. but Sir Robert Meredith offering the said Thomas Hibbots 2250 l. he flew off from his Contract but afterwards for 2500 he perfected the Bargain and passed all the Estate that was in himself but having a Son the Ladies Councel informed her a Recovery was necessary which Hibbots would not stay to perfect upon which Hoy served him with a Subpoena That immediately the said Thomas procured a Petition to the Lord-Deputy to which the Lady and Hoy had time to answer till Thursday but upon a mistake in the Answer my Lord called for the Constable of the Castle and commanded a Warrant for the Commitment of the Council who fell on his knees and obtained forgiveness that desiring Hibbots might be Examined upon Oath and they would be bound by it and his Lordship granted a Warrant for it and he was almost Examined when my Lord-Deputy came to the Board and said Here is a business prosecuted with violence by my Lady Hibbots and an Order procured for the Examination of the Plaintiff but he would have it damned That after a Decree was made for Reassurance and the Estate was purchased for the Lord-Deputy in Sir Robert Meridith 's name that he paid 7000 l. to the said Sir Robert who told him he took it with one hand and carried it to the Castle with the other Thomas Hibbots was Examined Tho. Hibbots who deposed much to the same Effect The Lord Mountnorris and the Earl of Cork deposed That there were more Votes at the Board for the Lady Hibbots then against her To this the Earl answered That the Major part was for the Decree The Earl's Defence appears because there was the Order signed by the Clerk of the Council a sworn Officer who could not draw it up without the plurality of Voices being against the practice of the Board To prove which he produced the Examination of the Lord Primate who declared that to be the Practice and that he hath not known the Earl to press any Member of the Board contrary to his Opinion That he hath heard him profess he had but a single Voice Which the Lord Dillon also confirmed and from the constant Practice sayes he believes it was a Vote of the Major part nor remembers my Lord urged any Member to Vote and that in a Case of the Lord Ranulagh he would not have the casting Vote but referred it to an absent Counsellor who voting against the Lord Deputy the Order was drawn up so Sir Philip Manwaring said in effect the same For the threatning to Imprison the Lady it is Customary here in Chancery to those who will not perform Orders and without it there will be no Obedience To Hoy's Deposition He is interested and expects a Benefit Mr. Hybbot a weak Old man sayes backward and forward but there being a Complaint before the Lords he referred himself to the time he must answer it and as for Sir Robert Meredith and Sir Philip Pierceval 's saying they were not interested in the Purchase Hoy and Fitzgarret speak only by hearsay but when Sir Philip Pierceval is Examined it would be found otherwise he having never spoken to him in all his life about that business The Managers concluded That notwithstanding what my Lord had said they had proved his Exercising Arbitrary Power over the Estates of his Majesties Subjects and though my Lord's Pulse is still beating that this is no Treason yet it is an
say he is not the only person that deserves punishment and he is the less innocent for misguiding and drawing others into such Actions That he that Commands is more guilty then he that Executes He sayes it was recalled after two years this was the Effect of the tumults and this so that it seems he could go no further and so he left off That its likely the Commons Remonstrance went upon good information and that all he said did not amount to an Excuse having no command as in the Case of the Tobacco Mr. Glyn added That my Lord confessing he lost 3000 l. convinces the point he denyes which was that it was not to advance Trade but for his own profit though it proved not so which the Earl Explained that he made Cloth 6 or 7 years and the Cloth it self not the Yarn was worth 1700 l. per annum for the Yarn was not worth 400 l. and in that time he might very well lose 3000 l. The 14 Article was for the present laid aside Article 15. and they proceeded to the 15th His labouring to subvert the Established Laws and introduce an Arbitrary and Tyrannical Power passing by the first part Mr Palmer who managed the Evidence insisted upon the 2d part of laying Souldiers by Warrant upon Offenders which warrant was given to one Savil a Serjeant at Arms. Mr. Savil being sworn produced a Copy of the Warrant Witness Mr. Savile against which the Earl excepted saying The Original ought to be produced his Life and Honour depending upon his Trial and that it were Treason Savile Swears to justifie himself he being the Person that executed this Treason Mr. Maynard said That if in a Letter one command Treason if the Letter be burnt the Treason cannot be proved if the Original must only prove it The Lord Clare demanded of Savil How they came by the Copy He answered He knew not but that one William Somer Secretary to the Lord Ranulagh had a Copy of it to which he set his hand in order to save a Soldier who had taken two Pewter-Dishes and was like to suffer unless he had a Copy of the Warrant and that this was a true Copy Upon which the House of Lords adjourned and at their return adjudged it should not be read in regard it was not attested So they proceeded to prove the effects of the Warrant To which Savil Deposed That by virtue of this Warrant Soldiers were laid upon delinquents who disobey orders abscond or are rescued from the Pursevants That the Soldiers go with Arms and have Meat and Drink from the Partie they lie on That he had laid Soldiers upon one Francis Ditton one Conolly and Luke Borne who could not be brought in by any other means That his warrant was general the Soldiers foot the number left to his discretion that my Lord never spake to him about complaints made of him that the Secretaries would demand why he did not put the Warrant in execution he said they were poor men Patrick Gough but it never came to my Lord's hands that he knows the greatest number laid was 5 and an Officer Patrick Gaugh deposed he had seen the Warrant Signed Wentworth on the top and a Seal to it that the Execution was a constant Course for contempt that the Soldiers were insolent that lying upon one Bern they took other mens Cattel Burnt part of his House sold his Corn to buy Beer but there was no such liberty given by the Warrant Richard Welsh deposed to the same effect Rich. Welsh of Soldiers laid upon one Francis Dillon Patrick Clear deposed Patrick Clear That Soldiers were laid upon one Agnes White being 80 years Old but upon affidavit of dissability to appear after a Month taken off Nicholas Ardagh deposed to the same effect Nich. Ardagh for debt upon a Paper-Petition Edmond Bern confirmed the Insolence of the Soldiers Edmond Bern. that he was forced to flie into Holland and lost 500 l. by this means Robert Kennedy deposed the same as to Bern Rob. Kenedy but that my Lord was gone to England that he did not see the Warrant but wondred at the Course it having never been done so before the Lord Strafford 's time Mr. Robert Little Little attested for the Earl that He never made any Warrant to Pigot or to Savil nor entred them in his Book or ever saw such Warrant or Entrie The Lord Ranulagh deposed Lord Ranulagh That he had heard something of it upon complaint of one Davis that by combination of the Serjeant and his Adversary he had Soldiers laid upon him which he told the said Lord Ranulagh was by a Warrant Dormant from the Lord-Deputy Wansford That formerly it had been used to lay Soldiers on the relievers of Rebels and for non-payment of Contribution-money but not in a Civil way between Party and Party and upon the Earl's motion he confessed that as a Captain he levied the Rent due to the Exchequer for his Pay by his Soldiers as had been Customary That in King Jame 's time 1628. the Gentlemen of Ireland got leave of the King that for non-payment of Rents or Contribution Soldiers might lie upon the defaulters Mr. Palmer concluded That this was an Act of Hostility by 25 Ed. 3. levying War against our Sovereign Lord the King within His Realm and by the 18 H. 6. cap. 3. made at Dublin in which are these words An Act c. It is agreed and Established That no Lord or any other of what condition soever he be shall bring or lead from henceforth Hoblers Kern or Hooded-men neither English Rebels nor Irish Enemies nor any other People nor Horse to lye on Horseback or Foot to lye on the King's People but on their own cost without consent And if any do so he shall be adjudged as a Traitor After a little time to peruse his Notes the Earl made his Defence The Earl's Defence He desired their Lordships to remember his Witnesses were to come out of Ireland That his time had been so short that he could have none but such as came accidentally That the Customs of Ireland differ from those of England that it had been the Ordinary practice of the Deputy and Council before his time to assess Soldiers not only on the party but his kndred without levying War Lord Dillon That these were ordinary Fellows and to shew what was meant by Rebels in Ireland the Lord Dillon Examined attested That such as having committed Felony or some unjustifiable Act and withdraw into the Woods if upon Proclamation they come not in are reputed Rebels and Traitors Sir Arthur Tyrringham averred That the practice was such in the Lord Faulkland 's time and that such as come not in upon Proclamation John Conley are reputed Rebels John Conley attested That in the Lords Faulkland Grandison and Chichester's times the King 's Rents were collected by Horse-men Henry Dillon who laid upon them
and the other High Constable that this was done in destruction of the Estates of the Realm and of the Laws of the Kingdom and therefore adjudged Treason and the Judgment sent down into the King's Bench as appears Easter Term in the 17th year of R. 2. in the King's-Bench Rot. 16th These two Lords had appeared in the 11th of R. 2. in maintainance of the Act of Parliament made in the year before one of them was of the Commissioners appointed by Parliament and one of the Appealors of those who would have overthrown it The Duke of Lancaster likewise was one of the Lords that was to have been Indicted of Treason for endeavouring the maintenance of it and therefore conspiring of their deaths is said to be in destruction of their Laws This there is declared to be Treason that concerned the Person of the King and Common-wealth In that great insurrection of the Villains and meaner People in Richard the II. time they took an Oath Quod Regi Communibus fidelitatem servarent to be true to the King and Commons and that they would take nothing but what they paid for punished all theft with death here 's no Intendment against the Person of the King The intent was to establish the Laws of Villanage and Servitude to burn all the Records to kill the Judges This in the Parliament of the 5th year of R. 2. No 31 32. the First Part is declared to be Treason against the King and against the Law In the 11th year of R. 2. in Parliament the raising of Forces against the Commissioners appointed by Act of Parliament the year before adjudged Treason by the Judges The Statute Jmo Mary Cap. 12. Enacts That if 12 or more shall endeavour by force to alter any of the Laws or Statutes of the Kingdom he shall from such a time there limited be adjudged only as a Felon This Act was to continue but to the next Parliament it is expired it shews by the words only that the offence was higher before the making it My Lords In Queen Elizabeths time Grant and divers Apprentices of London to the number of 200. rose and assembled at Tower-hill carried a Cloak upon a Pole instead of a Banner their intent was to deliver divers Apprentices out of Prison that had been committed upon a Sentence in the Star-Chamber for Riots to kill the Lord Major of London and for setting prizes on Victuals In Trinity Term 37 Eliz. divers of the Judges were consulted withal and resolved That this was a Levying of War against the Queen being intended against the Government and Officers of the Queen and therefore Grant and others were executed as Traytors Afterwards in that Queens time divers of the County of Oxford consulted to go together from House to House in that County and thence to London and other parts to excite them to take up Arms for the throwing in of all inclosures throughout England Nothing was done nor no assembly Yet the Statute of 13 Eliz. Cap. 1. during the Queens Life made it Treason to intend or advise to Levy War against the Queen In Easter Term 39 of Eliz. all the Judges of England met about the Case it was resolved by them that this was a War intended against the Queen they agreed That if it had been of one Township or more upon private interest and claim of right of Common it had not been Treason but this was to throw in all Inclosures through the Kingdom whereunto these parties should pretend no claim That it was against the Law in regard that the Statute of Merton gave power of Inclosures in many Cases upon this resolution Bradsaw and Burton were executed at Aynestowhill in Oxfordshire the place where they intended the first Rendezvous So that my Lords if the end of it be to overthrow any of the Statutes any part of the Law and setled Government or any of the great Officers intrusted with the execution of them This is a War against the King My Lords It will be further considerable what shall be accounted a Levying of War in respect of the Actions and things done there 's a design to alter some part of the Laws and present Government for the effecting thereof People be provided of Arms gathered together into Troops but afterwards march not with Banners displayed nor do Bellum percutere whether the Army themselves and gathering together upon this design be a War or such prosecution of the Design with force as makes it Treason within the Statute First If this be not a War in respect that it necessarily occasions hostile preparations on the other side Secondly From the words of the Statute shall Levy War and be thereof probably Attainted of open Deed by People of their condition although the bare conspiring be not an open Deed yet whether the Arming and drawing of men together be not an open Declaration of War In Sir Thomas Talbot's Case before cited in the Seventeenth year of R. II. the Acts of Force are expressed in the Parliament Roll That he caused divers of the People of the County of Chester to be Armed in a Warlike manner in Assemblies here is no Marching no Banners displayed In the Eighth year of Hen. VIII William Bell and Thomas Lacy in Com. Kanc. conspired with Thomas Cheyney called the Hermet of the Queen of Faries to overthrow the Law and Customs of the Realm and for the effecting of it they with Two hundred more met together and concluded upon a course of raising greater Forces in the County of Kent and the adjacent Shires This adjudged Treason these were open Acts. My Lords For the application of both these to the case in question First In respect of the end of it here was a War against the King it was to subvert the Laws this being the design for the effecting of it he assumed to his own Person an Arbitrary Power over the Lives Liberties and Estates of His Majesties Subjects and determined Causes upon Paper-Petitions at his own Will and Pleasure Obedience must be forced by the Army this is declared by the Warrant My Lords If it be said that the Warrant expresseth not any intent of subverting the Laws It expresseth fully one of the principal means whereby this was to be done that is obedience to his Arbitrary Orders upon Paper-Petitions This was done in reference to the main design In the cases of the Town of Cambridge and Sir William Cogan they have formerly been cited to your Lordships upon other occasions the things in themselves were not Treason they were not a Levying of War In that of Cambridge the Town met together and in a forcible manner broke up the University-Treasury and took of it the Records and Evidences of the Liberties of the University over the Town In the other they of Bridgewater marched to the Hospital and compelled the Master of the Hospital to deliver unto them certain Evidences that concerned the Town and forced him to enter into a Bond of
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
for though it cost him his life he that is in possession thinks it as well worth the keeping John Sparhank in King Henry the Fourth's time meeting two men upon the way amongst other talk said That the King was no rightful King but the Earl of March and that the Pope would grant Indulgencies to all that could assist the Earl's Title and that within half a year there would be no Liveries nor Cognizances of the King that the King had not kept promise with the People but had laid Taxes upon them In Easter-Term in the third year of Henry the Fourth in the Kings Bench Rot. 12. this adjudged Treason this denying the Title with Motives though not implyedly of Action against it adjudged Treason this is a compassing the Kings death How this was a compassing of the Kings Death is declared in the Reasons of the Judgment that the words were spoken with an intent to withdraw the affections of the people from the King and to excite them against him that in the end they might rise up against him in mortem destructionem of the King My Lords in this Judgment and others which I shall cite to your Lordships it appears that it is a compassing the Kings death by Words to endeavour to draw the Peoples hearts from the King to set discord between the King and them whereby the People should leave the King should rise up against him to the death and destruction of the King The Cases that I shall cite prove not only that it is Treason but what is sufficient Evidence to make this good Upon a Commission held the 18th year of Ed. 4. in Kent before the Marquess of Dorset and others an Indictment was preferred against John Awater of High-Treason in the Form before-mentioned for Words which are entred in the Indictment Sub hac forma That he had been servant to the Earl of Warwick that though he were dead the Earl of Oxford was alive and should have the Government of part of that Country That Edward whom you call King of England was a false Man and had by Art and Subtilty slain the Earl of Warwick and the Duke of Clare his Brother without any cause who before had been both of them attainted of High-Treason My Lords This Indictment was Returned into the Kings-Bench in Trinity Term in the Eighteenth year of Edward the Fourth and in Easter-Term the Two and twentieth of Edward the Fourth he was outlawed by the stay of the outlawry so long as it seems the Judges had well advised before whether it were Treason or not At the same Session Thomas Heber was Indicted of Treason for these words That the last Parliament was the most simple and insufficient Parliament that ever had been in England That the King was gone to live in Kent because that for the present he had not the love of the Citizens of London nor should he have it for the future That if the Bishop of Bath and Wells were dead the Archbishop of Canterbury being Cardinal of England would immediately lose his head This Indictment was returned into the Kings-Bench in Trinity-Term in the 18th year of Edward the 4th afterwards there came a Privy-Seal to the Judge to respit the Proceedings which as it should seem was to the intent the Judges might advise of the Case for afterwards he is outlawed of High-Treason upon this Indictment These words are thought sufficient evidence to prove these several Indictments that they were spoken to withdraw the Peoples Affections from the King to excite them against him to cause Risings against him by the People in mortem destructionem of the King Your Lordships are pleased to consider That in all these Cases the Treason was for words only words by private Persons and in a more private manner but once spoken and no more only amongst the People to excite them against the King My Lords here are Words Counsels more then Words and Actions too not only to disaffect the people to the King but the King likewise towards the People not once but often not in private but in places most Publick not by a private person but by a Counsellor of State a Lord-Lieutenant a Lord-President a Lord-Deputy of Ireland 1. To His Majesty that the Parliament had denyed to supply Him a Slander upon all the Commons of England in their Affections to the King and Kingdom in refusing to yield timely supply for the necessities of the King and Kingdom 2. From thence that the King was loose and absolved from Rules of Government and was to do every thing that Power would admit My Lords more cannot be said they cannot be aggravated whatever I should say would be in Diminution 3. Thence you have an Army in Ireland you may employ to reduce this Kingdom To Counsel a King not to Love His People is very Unnatural it goes higher to hate them to Malice them in his heart the highest expressions of Malice to destroy them by War These Coals they were cast upon his Majesty they were blown they could not kindle in that Breast Thence my Lords having done the utmost to the King he goes to the people At York the Country being met together for Justice at the Open Assises upon the Bench he tells them speaking of the Justices of the Peace that they were all for Law nothing but Law but they should find that the Kings Little Finger should be heavier then the Loyns of the Law as they shall find My Lords Who speaks this to the People a Privy-Counsellor this must be either to traduce His Majesty to the People as spoken from him or from himself who was Lord-Lieutenant of the County and President intrusted with the Forces and Justice of those parts that he would Employ both this way Add my Lords to his Words there the Exercising of an Arbitrary and Vast Jurisdiction before he had so much as Instructions or Colour of Warrant Thence we carry him into Ireland there he Represented by his place the Sacred Person of his Majesty First There at Dublin the Principal City of that Kingdom whither the Subjects of that Country came for Justice in an Assembly of Peers and others of greatest Rank upon occasion of a Speech of the Recorder of that City touching their Franchises and Regal Rights he tells them That Ireland was a Conquered Nation and that the King might do with them what he pleased Secondly Not long after in the Parliament 10 Car. in the Chair of State in full Parliament again That they were a Conquer'd Nation and that they were to expect Laws as from a Conqueror before the King might do with them what he would now they were to expect it that he would put this Power of a Conqueror in Execution The Circumstances are very Considerable in full Parliament from himself in Cathedra to the Representative Body of the whole Kingdom The Occasion adds much when they desir'd the Benefit of the Laws and that their Causes and Suits
of the three Bills for Abbreviation of Michaelmas Term for pressing Marriners and for the Remainder of the six Subsidies May 13. 1641. THE great security of the Kingdom rests in the happy concurrence of the King and People in the Vnity of their hearts These joyned Safety and Plenty attends the Scepter but divided Distraction and Confusion as Bryers and Thorns overspread and make the Land barren No Peace to the King No Prosperity to the People The Duties and Affections of Your Subjects are most Transparent most Clear in the chearful and most liberal Contributions given to knit fast this Vnion with the bond of Peace The Treasures of the privy Purse are but the supplies of Princes warranted by a common Interest But the publick Tribute given by common Assent supports Royal Dignity is sheltered under the Wings of Prerogative and by that Power covered from the Eyes from the Touch of Deceivers In these we render Caesar what is due to Caesar and Tribute to whom Tribute belongeth The proper Inscription of the Crown is born here and Censures those Malignant Spirits that dare whisper into the Ears of Sacred Majesty that our selves only not Your Sacred Person not Your Royal Posterity are the Supreme Objects of the Givers The preservation of the publick Vnion the supply of Your Armies the distresses miserable distresses of the Northern parts the common Calamities of the times begat the consideration of this Bill the Remainder of the six entire Subsidies happily presented to Your Sacred Majesty by this unworthy hand the first Vote advanced a credit to us to issue them for the use of Your Sacred Majesty The full perfection adds growth to that Credit and enables us to return to Your Sacred Majesty as to the Ocean the Tribute due to Justice and Soveraignty These are the vast earnests of our desires which take their rise from the due regard from the safety of Your Throne of Your Posterity Your Royal Assent stamps Your Image here and makes this Yours and Yours only which I by the Commands of the Commons humbly beseech of Your Sacred Majesty to give After which the Clerk of the Crown reading the Titles severally the Clerk of the Parliament pronounced the King's Assent This being done his Majesty delivered a Paper to the House concerning the Draining of the Fens recommending it to their consideration as a business much concerning the good of the Kingdom The Act for restraining Bishops and others in Holy Orders from intermedling with Secular Affairs read a second time This day one Mr. John Smith a Minister in Custody of the Serjeant Attending the House was brought to the Bar and Committed to the Gate-house for words spoken against the Parliament For though all sorts of people spake freely enough against the Actions of the Judges Mr. Smith a Minister committed to the Gatehouse Ministers of State Privy-Councellors nay and of the King himself without the least controll or danger of either punishment or animadversion yet to speak against any thing done or said by the Commons was now become the most dangerous offence and which through the diligence of the well affected Party for so the Dissenters from the Church called themselves who were most notable Informers was certainly complained of to the Commons and by them most severely punished if not by Prisons yet by the great Charges of being kept long in the Custody of the Serjeant at Armes The Explanation of the Protestation formerly mentioned Friday May 14. was this day Ordered to be Printed and Published that so the Presbyterian Party might receive encouragement and assurance of their intention to pull down the Government of the Church by way of a Glorious and thorow Reformation This day Doctor Cozens and some others that are Delinquents in the Impeachment brought up from the House of Commons Dr. Cozens and others at the Bar of the Lords House were called in who kneeled at the Bar and then stood and heard the Impeachment read after it was read Doctor Cozens made his humble request in behalf of himself and the rest that this Cause may be heard publickly before the whole House This day Two Clergy-men who had been informed against in the House of Lords were Released by the following Orders WHereas Andrew Sandeland Clerk Sandeland and Waferer two Clergy Men Released hath been long in Custody for words alledged to have been spoken by him for which this House had just cause to have inflicted punishment upon him if they had been proved but after a long time no Prosecution appearing against him it is Ordered That the said Andrew Sandeland be forthwith discharged and set at liberty of and from his present Restraint or Imprisonment and that any Bond or other Security entered into by the said Andrew Sandeland for his attendance upon this House shall be forthwith Cancelled and delivered up to him Ordered That Michael Waferer Clerk having been long in Custody be forthwith discharged of his Restraint and that his Bonds and other Security given for his Attendance upon this House be delivered up to him to be Cancelled and his Cause dismissed this House because no Prosecutors have this long time appeared The Faction found better Encouragement from the Commons House to prosecute honest men by their false Informations at the Committee for Scandalous Ministers And indeed the Lords House was not at all for their purpose yet while the Bishops and so many of the Loyal Nobility sate there whose Honour and Justice would soon have discovered the Malice of these Accusations This day the Lord St. John's of Bletsoe was Introducted in his Robes Lord St. John of Bletsoe Introduced into the House of Lords between the Lord Hunsden and the Lord Grey of Wark he delivered his Writ upon his knee to the Speaker which being delivered to the Clerk it was read then the Lord Chamberlain and the Lord Moubray in the place of the Earl Marshal his Father and the King at Arms going before him brought him and placed him next below the Lord Hunsden After which he and the Lord Chief Baron took the Protestation The Commons having received an Information against Mr. Saturday May 15. Mr. Davenant and Mr. Walley sent for by the Serjeant as Delinquents Informations against Mr. Percy William Davenant the Poet and Mr. Elias Walley concerning the Business of the Army they were by Order of the House sent for as Delinquents by the Serjeant Also several Informations against Mr. Percy the Earl of Northumberland's Brother which were taken at Chichester were read upon which John Lamb and Robert Merryweather were sent for from Chichester to be Examined upon it and a Conference with the Lords was desired upon it The Earl of Bath reports the Conference Conference about Percy Merryweather and Lamb. That the House of Commons have received certain Information that on Wednesday Night last past was Sevennight Mr. Percy came to Petworth and sent for one Robert Merryweather and borrowed of him
done without any Warrant and against the Law of the Land Resolved That Mr. Walker ought to be restored to his Parsonage and the whole profits thereof from the time of the said Sequestration and to have reparation for all such dammages as he hath sustain'd by these several Imprisonments and his Case to be transmitted to the Lords Ordered That the Bench of Lincolns Inn restore Mr. Order for Mr. Pryn to be restored to Lincolns-Inn Pryn to his former Condition in that Society according to his Antiquity and to his Chamber there Thus diligent was the Faction not only to punish their Enemies but relieve their Friends though afterwards Mr. Pryn as well as John Lilburn another of their Favourites proved notable sticklers against them as hereafter in these Collections will appear But though things ran thus down the stream and that in the Commons House there was no stopping the impetuous Torrent yet in the House of Lords it was far otherwise for till they had got the Bishops out of the House and into the Tower and by Tumults and Affronts affrighted many of the Loyal Nobility from their Seats they were not able to accomplish their work The Bill for disabling the Bishops to Sit and Vote in the House of Lords in Parliament came too close to the Rights of the Temporal Lords to be easily by them digested for many of them plainly saw that the Bishops Sate and Voted there by the same Right Law Custom and Usage that they themselves did and that should they consent to the taking away the Peerage of the Lords Spiritual they must Sit there precariously themselves Upon the Debate of this Bill the Lord Grandison Friday May 21. Lord Viscount Newark made these two following Excellent Speeches My Lords I Shall take the boldness to speak a Word or two upon this Subject First Two Speeches of the L. Grandison Viscount Newark concerning the Peerage of the Bishops May 21 1641. as it is in it self then as it is in the Consequence For the former I think he is a great stranger in Antiquity that is not well acquainted with that of their sitting here they have done thus and in this manner almost since the Conquest and by the same Power and the same Right the other Peers did and your Lordships now do and to be put from this their due so much their due by so many hundred Years strengthened and confirmed and that without any Offence nay Pretence of any seems to me to be very severe if it be jus I dare boldly say it is summum That this hinders their Ecclesiastical Vocation an Argument I hear much of hath in my apprehension more of shadow then substance in it if this be a reason sure I am it might have been one six hundred Years ago A Bishop My Lords is not so circumscribed within the circumference of his Diocess that his sometimes absence can be termed not in the most strict Sense a neglect or hinderance of his duty no more than that of a Lieutenant from his County they both have their subordinate Ministers upon which their influences fall though the distance be remote Besides My Lords the lesser must yield to the greater Good to make wholesome and good Laws for the happy and well regulating of the Church and Common-wealth is certainly more advantagious to both then the want of the personal execution of their Office and that but once in three Years and then peradventure but a Month or two can be prejudicial to either I will go no further to this which experience hath done so fully so demonstratively And now My Lords by your Lordships good leave I shall speak to the Consequence as it reflects both on your Lordships and my Lords the Bishops Dangers and inconveniencies are ever best prevented è longinquo this President comes neer to your Lordships and such a one mutato nomine de vobis Pretences are never wanting nay sometimes the greatest Evils appear in the most fair and specious out-sides witness the Ship-mony the most abominable the most illegal thing that ever was and yet this was painted over with colour of the Law what Bench is secure if to alledge be to convince and which of your Lordships can say then he shall continue a Member of this House when at one Blow twenty six are cut off It then behoves the Neighbour to look about him cum proximus ardet Vcalegon And for the Bishops My Lords in what condition will you leave them The House of Commons represents the meanest Person so did the Master his Slave but they have none to do so much for them and what Justice can tie them to the observation of those Laws to whose constitution they give no Consent the Wisdome of former Times gave Proxies unto this House meerly upon this Ground that every one might have a Hand in the making of that which he had an Obligation to obey This House could not represent therefore Proxies in Room of Persons were most justly allowed And now My Lords before I conclude I beseech your Lordships to cast your Eyes upon the Church which I know is most dear and tender to your Lordships you will see Her suffer in Her principal Members and deprived of that Honor which here and throughout all the Christian World ever since Christianity She constantly hath enjoyed for what Nation or Kingdome is there in whose great and publick Assemblies and that from Her beginning She had not some of Hers if I may not say as Essential I am sure I may say as Integral Parts thereof and truly my Lords Christianity cannot alone boast of this or challenge it only as Hers even Heathenisme claims an equal share I never read of any of them Civil or Barbarous that gave not thus much to their Religion so that it seems to me to have no other Original to flow from no other Spring than Nature it self But I have done and will trouble your Lordships no longer how it may stand with Honor and Justice of this House to pass this Bill I most humbly submit unto your Lordships the most proper and only Judges of them both The second Speech about the lawfulness and conveniency of their intermedling in Temporal Affairs My Lords I Shall not speak to the Preamble of the Bill that Bishops and Clergy Men ought not to intermedle in Temporal Affairs For truly my Lords I cannot bring it under any respect to be spoken of Ought is a Word of Relation and must either refer to Humane or Divine Law to prove the lawfulness of their intermedling by the former would be to no more purpose than to labour to convince that by Reason which is evident to Sense It is by all acknowledged The unlawfulness by the latter the Bill by no means admits of for it excepts Universities and such Persons as shall have Honor descend upon them And your Lordships know that circumstance and chance alter not the Nature and Essence of a thing
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
Whereas the taking away the Bishops Voices and Peerage in Parliament must of necessity utterly Exterminate one of the three Estates as before was said so de-declared by the Statute Law of the Land Upon Information to the Lords Order of the Lords about Ship-mony remaining in divers Sheriffs hands that divers Sheriffs had remaining in their hands Monies which were collected of the Counties for Ship-mony and undisposed of it was Ordered That these Lords Committees following do consider and think of some way to restore the Ship-mony remaining in the hands of any Sheriff or Vnder-Sheriff and other Officers undisposed of in every Shire unto the several persons from whom it was received or else that it be imployed in some way for the ease and good of the Countries where it hath been Collected viz. Earl of Bath Earl of Essex Earl of Berks Viscount Say and Seal Episcop Winton Episcop Lincoln Their Lordships or any four of them are to meet when and where they please The Petty-Farmers of the Customs Sir Paul Pindar Sir John Jacob Sir Job Harvey Sir Nicholas Crisp and Sir John Harrison got a Petition presented to the House which was read and answered Petty-Farmers of the Customs Petition the House That the House would take the justness of this Petition into Consideration in due time * Saturday June 5th Lay-Preachers One Robinson a Clerk in the Custom-House John Spencer a Horse-Courser Adam Banks a Stockinseller John Durant and one Green being Complained against for Preaching being mere Lay-men were by Order summoned to appear before the House Thus Early the Banks of Episcopal Authority over the Church being broken down did the floods of Ungodly men the deluge of unordained Schismaticks begin to flow in upon the Nation and by the Example of their Superiors who invaded the Crown took incouragement to invade the Priesthood and though one would have thought that this might have given them a fair prospect of the Danger which must accrue to the Church by pulling down the Pillars of it Committee appointed to Expedite the Charge against the Arch-Bishop of Canterbury and thereby Encouraging the Factious Schismatiques to lay it wast yet Mr. Sollicitor St. John Mr. Glyn Mr. Selden Mr. Vaughan Mr. Prideaux Mr. Maynard Sir Thomas Widdrington Mr. Peard Mr. Rigby Mr. White Mr. Hambden Mr. Whitlock were ordered to Expedite the Charge against the Archbishop of Canterbury This day the Lord Marquess of Hartford was introducted between the Lord Marquess of Winton and the Earl of Essex all in their Robes Lord Marquess of Hartford introducted 5. Junii 1641. the Lord Great Chamberlain the Earl Marshal and Garter going before and having delivered his Patent of Creation dated 3 o. die Junii 1641. 17 o. Carol. Regis upon his Knee unto the Speaker who delivered it unto the Clark to be read which being done he was brought and placed next below the Lord Marquess of Winton In the Lords House the Bill concerning the Bishops was taken into Consideration and for the better debate of it the House as was Usual was put into a Committee during pleasure but before the House could come to any Result a Message was brought from the House of Commons hereupon the House was resumed and it was Ordered That the further Debate of the Bill concerning the Bishops shall be to morrow morning the first Business and also the Reasons of the House of Commons why Bishops should not Vote in Parliament are to be Considered I will not be positive but I have good reason to conjecture That at this time and upon this occasion the Lord Viscount Say and Seal made one of his Long-winded Speeches against Bishops which was so much applauded by those long Parliamentarians and I am the rather induced to believe it in regard of an Order of the House immediately following the Debate n haec verba Ordered and Declared Order against formal Speeches as unparliamentary That reading of formal Speeches and Answers out of Papers in this House is no Parliamentary Way The House was not yet purged of those Noble and Loyal Lords who were for Monarchy and Episcopacy and the Supporting the Ancient and Fundamental Establishment of Parliaments by the Three Estates of Lords Spiritual Temporal and Commons and these long formal Speeches very much retarded the Proceedings and Debates of the House which seems to be the reason of this Order However take the Speech as I find it in several Prints by which the Reader will see what the Champion of the Age against Bishops was able to say upon the subject My Lords I Shall not need to begin as high as Adam The Lord Viscount Say and Seal his Speech against Bishops Votes c. in answer to what has been drawn down from thence by a * * Bishop of Lincoln Bishop concerning this Question for that which is pertinent unto it will only be what Concerns Bishops as they are Ministers of the Gospel what was before being of another Nature can give no Rule to this The Question that will lye before your Lordships in passing of this Bill is not Whether Episcopacy I mean this Hierarchical Episcopacy which the World now holds forth to us shall be taken away Root and Branch but Whether those Exuberant and superfluous Branches which draw away the Sap from the Tree and divert from the right and proper use whereby it becomes unfruitful shall be cut off as they use to pluck up Suckers from the Root The Question will be no more but this Whether Bishops shall be reduced to what they were in their first advancement over the Presbyters which although it were but a human device for the Remedy of Schisme yet were they in those Times least Offensive or continue still with the Addition of such things as their own Ambition and the Ignorance and Superstition of succeeding Times did add thereunto and which are now continued for several Politic Ends. Things heterogeneal and inconsistent with their Calling and Function as they are Ministers of the Gospel and thereupon such as ever have been and ever will be hurtful to themselves and make them hurtful to others in the Times and Places where they are continued And these things alone this Bill takes away that is their Offices and Places in Courts of Judicature and their Employments by obligation of Office in Civil Affairs I shall insist upon this to shew First how these things hurt themselves And Secondly how they have made and ever will make them hurtful to others They themselves are hurt thereby in their Consciences and in their Credits In their Consciences by seeking or admitting things which are inconsistent with that Function and Office which God hath set them apart unto They are separated unto a special Work and Men must take heed how they misemploy things dedicated and set apart to the Service of God They are called to Preach the Gospel and set apart to the Work of the Ministry and the Apostle saith
Readiness though at the same time the Parliament had sent Orders to him by Commissioners authorized under the Great Seal according to the King's Directions to apprehend him but he pretended the Orders came not time enough And at the same time he took an Oath which was administred by the King's Authority under the Great Seal to be True and Faithful to the King and Parliament and keep the Town of Portsmouth for their Use and not to deliver it but by both their Consents The Plot being made known to the House of Commons they resented it as a thing of very dangerous Consequence and found it necessary therefore that Mr. Goring should own the Discovery of the Design and immediately he was sent for by the House of Commons whereof he was a Member and being present there he was commanded to declare his Knowledg of the Design Upon this Command he Expressed himself in these Terms Having been told that there was an Intention to Unite the Forces of our Army and to put them into a Posture of being aâ—â—e if not purpose of being willing to interpose in the Proceedings of â—â—â—nament I hearkened to the Propositions of soliciting a Redress for the Miseries of the Souldiery being the first step to this in respect of the present Necessities of it not any future consequence of trouble to those that were to procure our Relief But lest the manner of asking this or the Effect of it being obtained might be less just than the thing it self which was desired and I might be involved in their Crime that had further Ends perhaps than merely the Redress of our Armies Grievances I thought it not amiss to take some Witness of my Integrity along with me and spake to a Noble Lord the very same Day when I assured him there were some Officers of the Army that were least thought on that had not the greatest Zeal to the Proceedings of this House and I thought there would be an occasion to let him know more of it within few Days After this Mr. Jermin and I being admitted into a Consultation where we were tied to Secrecy by an Oath in the Company of those Gentlemen I have named in my Depositions where their purpose was declared to us in some Propositions which were to this Effect First putting the Army into a Posture to serve the King Secondly Tendring a Declaration to the Parliament containing That no Act of Parliament should be made contrary to any former Act which was Expressed That Episcopacy should be kept up as it is now Thirdly That the King's Revenue should be Established This I thought unlawful for our undertakings since they intended to interpose in the Determinations of this House and it belongs to an Army to maintain not to contrive the Acts of State I objected therefore against their Propositions and more the Follies and Difficulties than the irregularities of them not only because I thought Reason a greater Argument with them than Conscience but because I was so unhappy of the two to be thought a worse Common-wealths-man than a Souldier and in that quality could procure most Credit for my words I endeavoured to shew them that as the Design would be impious if the most desperate Counsels had been followed so it would have been the weakest that ever was undertaken if they were omitted And whereas I am said to have a part in this Violent Councel till the day before this Meeting I never heard word of it and knew not when I came to the Room whether theirs were not the same with the other This they may witness for me and that I declared I would have to do with neither and that I expressed contempt of our meeting in that manner But I rely upon the Testimony of some Noble Lords of his Majesties Council and others how I protested against all those violent Councels even in the Birth of them and with what Piety I looked towards the Person of his Majesty and the whole Kingdom in this Business I appeal also to them and some Members of this House what my Carriage was towards these Gentlemen that were imbarqued in these Undertakings intending rather to prevent a mischief by abandoning their Councels than to ruin them by disclosing them But mistake me not for had I known of any former Plot proceeded in that could indanger or disturb the Quiet of his Majesty or the Peace of the Kingdom I should not have been contented with declaring mine own Innocency nor have stayed till the Commands of this House or an Oath Extorted from me a discovery but by a hasty open Declaration have broke the Laws of Amity and Friendship and all former Tyes to the present Duty of a Subject and as freely Exposed the Knowledg of all to the View of the World as I have been tender in publishing these Purposes even to my nearest Friends which had weight enough to crush nothing but the Undertakers of it And certainly if they had stayed where I left them there was no Conclusion at all It appears there were two several Intentions digested by others before they were communicated to me and I know not whether my hearkening to them was a fault but I am sure it was no misfortune By what hath been related Thursday June 10. The L. Digby Expelled the House of Commons but made a Baron the Reader will Easily perceive for what Reason my Lord Digby thought himself Obliged to speak so sharply against Colonel Goring as by his own Confession guilty of a Wilful Perjury as Entring into the Oath of Secrecy purposely with an Intention to discover the Confederacy But all this would not Satisfie the Faction who had entertained a mortal displeasure against him for his Apostacy as they called it in declaring so frankly his Opinion against the Bill of Attainder against the Earl of Strafford for though their Resentments slept some time it was only to gain a fit opportunity to discover their Revenge to purpose and therefore laying hold of these Expressions against Colonel Goring he was this Day by Vote Expelled the House as unworthy to continue any longer a Member of it and Mr. Speaker was Ordered to give Directions to the Clerk of the Crown to issue out a Writ for a new Election in his Place But this was only to shew their Revenge for this very day he was introducted with the Usual Ceremony into the House of Lords and placed next below the Lord Brook his Writ being dated the 9th of June 17 Caroli Regis And immediately upon this it was Ordered That the Lord Digby be added to all the standing Committees The Names of the Persons complained of Yesterday for Disorders in the Church were this day given in to the House of Lords The Names of those that committed the Disorder at the Communion and the Lords Order about it Those that pulled down the Rails about the Communion Table in St. Saviour's Church in Southwark were William Smister William Shepheard Toby Grotwick Hugh
intended for its preservation Now my Lords God and Nature have given us the Sea as our best guard against our Enemies and our Ships as our greatest Glory above other Nations and how barbarously would these men have let in the Sea upon us at once to wash away our Liberties and to overwhelm if not our Land all the Propriety we have therein making the supply of our Navy a pretence for the ruine of our Nation For observe I beseech you the fruit and consequence of this Judgment how this mony hath prospered how contrary an effect it hath had to the end for which they pretended to take it On every County a Ship is Annually imposed and who would not expect but our Seas by this time should be covered with the number of our Ships Alas my Lords the daily Complaints of the decay of our Navy tell us how ill Ship-mony hath maintained the Sovereignty of the Sea and by the many Petitions which we receive from the Wives of those miserable Captives at Algier being between Four and Five Thousand of our Countrey-men it does too evidently appear that to make us slaves at home is not the way to keep us from being made slaves abroad so far has this Judgment been from relieving the present or preventing the future necessity that as it changed our real Propriety into the shadow of a Propriety so of a feigned it has made a real necessity A little before the approach of the Gauls to Rome while the Romans had yet no apprehension of that danger there was heard a voice in the Air louder than ordinary The Gauls are come which voice after they had sack't the City and besieged the Capitol was held so ominous that Livie relates it as a Prodigy This Anticipation of necessity seems to have been no less ominous to us These Judges like ill boading Birds have call'd necessity upon the State in a time when I dare say they thought themselves in greatest security but if it seem superstitious to take this as an Omen sure I am we may look on it as a Cause of the unfained necessity we now suffer for what regret and discontent had this Judgment bred among us And as when the Noise and Tumult in a private house grows so loud as to be heard into the Streets it calls in the next Dwellers either kindly to appease or to make their own use of the Domestick strife so in all likelihood our known discontents at home have been a concurrent cause to invite our Neighbours to visit us so much to the expence and trouble of both these Kingdoms And here My Lords I cannot but take notice of the most sad effect of this Oppression the ill influence it has had upon the Ancient Reputation and Valour of the English Nation And no wonder for if it be true Oppression makes a Wise-man Mad it may well suspend the courage of the Valiant The same happened to the Romans when for renown in Arms they most excell'd the rest of the World the Story is but short 'T was in the time of Decemviri and I think the chief troublers of our State may make up that number The Decemviri My Lords had Subverted the Laws Suspended the Courts of Justice and which was the greatest grievance both to the Nobility and People had for some years omitted to Assemble the Senate which was their Parliament This says the Historian did not only deject the Romans and make them despair of their liberty but caused them to be less valued by their Neighbours The Sabines take the advantage and invade them and now the Decemviri are forced to call the long desired Senate whereof the People were so glad that Hostibus belloque gratiam habuerunt This Assembly breaks up in discontent nevertheless the War proceeds Forces are raised led by some of the Decemviri and with the Sabines they meet in the field I know your Lordships expect the Event my Author's words of his Country-men are these Ne quid ductu aut auspicio Decemvirorum prospere gereretur vinci se patiebantur They chose rather to suffer a present Diminution of Honour then by Victory to confirm the Tyranny of their new Masters At their return from this unfortunate Expedition after some Distempers and Expostulations of the People another Senate that is a second Parliament is called and there the Decemviri are questioned deprived of their Authority imprisoned banished and some lose their lives and soon after this Vindication of their Liberties the Romans by their better Success made it appear to the World that Liberty and Courage dwell always in the same Breast and are never to be Divorced No doubt My Lords but your Justice shall have the like effect upon this dispirited people 't is not the Restauration of our Ancient Laws alone but the Restitution of our Ancient Courage which is expected from your Lordships I need not say any thing to move your just indignation that this Man should so cheaply give away that which your Noble Ancestors with so much Courage and Industry had so long maintained You have often been told how careful they were though with the hazzard of their Lives and Fortunes to derive those Rights and Liberties as entire to Posterity as they received them from their Fathers what they did with labour you may do with ease what they did with danger you may do securely the Foundation of our Laws is not shaken with the Engine of War they are only blasted with the breath of these men and by our breath may be restored What Judgments your Predecessors have given and what punishments their Predecessors have suffered for offences of this nature your Lordships have already been so well informed that I shall not trouble you with the repetition of those Precedents Only my Lords something I shall take leave to observe of the person with whose Charge I have presented you that you may the less doubt of the wilfulness of his offence His Education in the Inns of Court his constant practice as a Councellor and his experience as a Judge considered with the mischief he has done makes it appear that this progress of his through the Law hath been like that of a diligent Spie through a Country into which he meant to conduct an Enemy To let you see he did not offend for company there is one Crime so peculiar to himself and of such malignity that it makes him at once uncapable of your Lordships favour and his own subsistence incompatible with the right and propriety of the Subject for if you leave him in a capacity of interpreting the Laws hath he not already declared his opinion That your Votes and Resolutions against Ship-mony are void and that it is not in the power of a Parliament to abolish that Judgment To him My Lords that hath thus plaid with the Power of Parliament we may well apply what was once said to the Goat browsing on the Vine Rode caper vitem tamen hinc
cùm stabis ad aras In tua quod fundi cornua possit erit He hath cropt and infring'd the priviledges of a banish'd Parliament but now it is returned he may find it has power enough to make a sacrifice of him to the better establishment of our Laws And in truth what other satisfaction can he make his injur'd Country then to confirm by his example those Rights and Liberties which he had ruined by his opinion For the proofs My Lords they are so manifest that they will give you little trouble in the disquisition his Crimes are already upon Record the Delinquent and Witness are the same having from several sorts of Judicature proclaimed himself an Enemy to our Laws and Nation Ex ore suo judicabitur To which purpose I am Commanded by the Knights Citizens and Burgesses of the House of Commons to desire your Lordships that as speedy a proceeding may be had against Mr. Justice Crawley as the Course of Parliament will permit The Articles against Mr. Justice Crawley were these Articles of the House of Commons in the Name of themselves and of all the Commons of England against Sir Francis Crawley Knight one of the Justices of His Majesties Court of Common-Pleas impeaching him as followeth 1. The Articles of Impeachment against Judge Crawley THat he about the Month of November Anno 1635. then being one of the Justices of the Court of Common-Pleas and having taken an Oath for the due Administartion of Justice to His Majesties Liege People according to the Laws and Statutes of this Realm subscribed an Opinion in haec verba I am of Opinion That as where the benefit doth more peculiarly redound to the good of the Ports or Maritime Parts as in Case of Piracy or Depredations upon the Seas there the Charge hath been and may be lawfully imposed upon them according to Presidents of former Times so where the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger of which His Majesty is the only Judge there the charge of the Defence ought to be born by all the Realm in general This I hold agreeable both to Law and Reason 2. That he in or about the Month of February Anno 1636. Then being one of the Justices of the said Court of Common-Pleas subscribed an extrajudicial Opinion in answer to Questions in a Letter from His Majesty in haec verba ut supra in the Articles against Judge Berkley 3. That he then being one of the Justices of the said Court of Common-Pleas delivered an Opinion in the Exchequer Chamber against John Hampden Esquire in case of Ship-Money that he the said John Hampden upon the matter and substance of the case was chargable with the Money then in Question a Copy of which Proceedings and Judgment the Commons of this present Parliament have already delivered to your Lordships 4. That he then being one of the Justices of the said Court of Common-Pleas declared and published in the Exchequer Chamber in Westminster and the Circuit where he went Judge That the Kings Right to Ship-Money was so inherent a Right in the Crown as an Act of Parliament could not take it away And with divers malicious Speeches inveighed against threatned and discountenanced such as refused to pay Ship-Money All which Opinions and Judgments contained in the first second and third Articles are destructive to the Fundamental Laws of this Realm the Subjects right of Property and contrary to former Resolutions in Parliament and to the Petition of Right which said Resolutions and Petitions of Right were well known to him And the said Commons by Protestation saving to themselves only the Liberties of exhibiting at any time hereafter any other Accusation or Impeachment against the said Sir Francis Crawley and also of replying to the Answer that he the said Sir Francis Crawley shall make unto the said Articles or any of them or of offering Proof of the Premisses or of any of their Impeachments or Accusations that shall be exhibited by them as the Case shall according to the Course of Parliaments require Do pray that the said Sir Francis Crawley one of the Justices of the said Court of Common-Pleas may be put to answer to all and every the Premisses and that such Proceedings Examinations Tryals and Judgments may be upon every one of them had and used as is agreeable to Law and Justice The Articles of Impeachment against Sir John Bramston Knight Lord Chief Justice of the Court of Kings-Bench were as follow Articles of the House of Commons The Articles of Impeachment against Sir John Brampston Lord Chief Justice of the Kings Bench. in the name of themselves and all the Commons of England against Sir John Brampston Knight Lord Chief Justice of the Court of Kings Bench Impeaching him as followeth 1. THat the said Sir John Brampston then being Lord Chief Justice of the Court of Kings Bench and having taken an Oath for the due Administration of Justice to His Majesties Liege People according to the Laws and Statutes of this Realm did on or about the last of November 1635. Subscribe his Name to an Opinion in haec verba I am of Opinion that as where the benefit doth more peculiarly redound to the good of the Ports or Maritime parts as in case of Pyracy or Depredations upon the Seas there the Charge hath been and may be lawfully Imposed upon them according to Presidents of former times so where the good and safety of the Kingdom in General is coned and the whole Kingdom in danger of which His Majesty is the only Judg there the Charge of the defence ought to be born by all the Realm in General This I hold agreeable both to Law nnd Reason 2. That he the said Sir John Brampston then being Lord Chief Justice of the Court of Kings Bench about the Month of February 1635. did Subscribe an extrajudicial Opinion in answer to questions in a Letter from His Majesty ut supra in the Articles against Sir Robert Berkley Which said Opinions contained in the first and second Articles are destructive to the Fundamental Laws of this Realm the Subjects right of Propriety and contrary to former resolutions in Parliament and to the Petition of Right 3. That he the said Sir John Brampston then Lord Chief Justice of the Court of Kings Bench about Trinity Term 1637. refused to Bail or Discharge Alexander Jenings Prisoner in the Fleet brought by Habeas Corpus to the Barr before him the return of this Commitment being two several Warrants from the Lords of the Council Dated the fifth of November 1635. the first expressing no cause the other for not paying Messengers Fees and until he should bring Certificate that he had paid his Assesment for Ship-money in the County of Bucks And the said Sir John Brampston the first Warrant being only read then said The cause of his Commitment did not appear and that it was not fit for every Goaler to
be made acquainted by the Lords of the Council why they Committed and therefore Remitted him And in Michaelmass Term after the said Jenings being brought by another Habeas Corpus as aforesaid and the same returned yet he the said Sir John Brampston refused to Discharge or Bail him but remitted him And in Easter Term next after several Rules for His Majesties Council to shew cause why he the said Jenings should not be Bailed a fourth Rule made for the said Jenings to let His Majesties Attorney have notice which notice was given accordingly yet he remitted him And the said Jenings by another Habeas Corpus brought to the Barr as aforesaid in Trinity Term after and the same return with the addition of a new Commitment of the fourth of May 1638. suggested that he the said Jenings had used divers scandalous words in derogation and disparagement of his Majesties Government After several Rules in the end of the said Trinity Term he again remitted him to Prison And he the said Sir John Brampston about the ninth of July after at his Chamber in Serjeants-Inn being desired by Mr. Meawtis one of the Clerks of the Council-Board to discharge the said Jenings for that he the said Jenings had entred into a Bond of 1000 l. to appear before the Lords of the Council the next Michaelmas Term after and to attend de die in diem yet the said Sir John Brampston refused to discharge the said Jenings until he entred into Recognisance to appear the next Term and in the mean time to be of his good behaviour And the said Jenings was continued on his said Recognisance till Easter Term after And the said Sir John Brampston did on the fifth of June 1640. deferr to grant His Majesties Writ of Habeas Corpus for Samuel Danvers and William Pargiter Esquires Prisoners in the Gate-House and in the Fleet and when he had granted the said Writ the said eighth Day of June after the return being the Order of the Council-Table not expressing any cause he the said Sir John Brampston deferred to Bail the said Pargiter And the eighteenth of June after made a Rule for a new return to be received which was returned the five and twentieth of the said June in haec verba Whereas His Majesty finding that His Subjects of Scotland have in Rebellious and Hostile manner Assembled themselves together and intend not only to shake off their obedience unto His Majesty but also as Enemies to Invade and Infest this His Kingdom of England to the danger of His Royal Person c. For prevention whereof His Majesty hath by the Advice of His Council-Board given special Commandment to all the Lord Lieutenants of all the Counties of this Realm with expedition to Arm and Array a certain number of able Men in each County to be prepared ready to be conducted to such places as should be appointed for their Rendezvouz in their several and respective Counties there to be conducted and drawn together in a Body for this Service And whereas His Majesty according to the Laws and Statutes of this Realm and the constant Custom of His Predecessors Kings and Queens of this Realm hath Power for the defence of this Kingdom and resisting the Force of the Enemies thereof to grant forth Commissions under His great Seal to such fit Persons as he shall make choice of to Array and Arm the Subjects of this Kingdom and to compel those who are of able Body and of able Estates to Arm themselves and such as should not be able of Bodies but of Ability in Estate to Assess them according to their Estates to contribute towards the charge of Arraying and Arming others able of Body and not being able in Estate to Arm themselves And such Persons as should be contrariant to commit to Prison there to remain untill the King should take further order therein And whereas the Earl of Exceter by vertue of His Majesties Commission to him directed for the Arraying and Arming of a certain number of Persons in the County of Northampton hath assest William Pargiter being a Man unfit of Body for that Service but being of Estate and Ability fit to contribute amongst others to pay the Summ of five Shillings towards the Arraying and Arming of others of able Bodies and wanting Ability to Array themselves And whereas we have received Information from the said Earl that the said William Pargiter hath not only in a willful and disobedient manner refused to pay the said Money assessed upon him towards so Important a Service to the disturbance and hinderance of the necessary defence of this Kingdom but also by His ill example hath misled many others and as we have just cause to believe hath practised to seduce others from that ready obedience which they owe and would otherwise have yielded to His Majesties just command for the publick defence of His Person and Kingdom which we purpose with all convenient speed to enquire further of and examin These are therefore to will and require you to take into your Custody the Person of the said William Pargiter and him safely to keep Prisoner till further Order from this Board or untill by due Course of Law he shall be delivered And the like return was then made in all things mutatis mutandis concerning the said Danvers for not paying a Summ of Money assessed upon him Yet he the said Sir John Brampston deferred to Bail the said Danvers and Pargiter but remitted the said Danvers to the Fleet where he remained till the 12 of July 1640. and the said Pargiter to the Gate-House where he remained till the Ninth of November last although the said Jenings Danvers and Pargiter upon all and every the said Returns ought to have been discharged or bailed by Law and the Councel of the said Jenings Danvers and Pargiter offered in Court very sufficient Bail And he the said Sir John Brampston being Chief Justice of the Court of Kings-Bench denyed to grant His Majesties Writ of Habeas Corpus to very many other His Majesties Subjects and when he had granted the said Writs of Habeas Corpus to very many others His Majesties Subjects and on the return no Cause appeared or such Cause only as was clearly bailable by Law yet he remanded them where they remained Prisoners very long which said deferring to grant the said Writs of Habeas Corpus and refusals and delays to discharge Prisoners or suffer them to be Bailed contained in this Article are destructive to the Fundamental Laws of this Realm and contrary to former resolutions in Parliament and to the Petition of Right which said Resolutions and Petition of Right were well known to him the said Sir John Brampston 4. That whereas there was a Cause depending in the Court Christian at Norwich between Samuel Booty Clerk and Collard for two Shillings in the Pound for Tythes for Rents of Houses in Norwich and the said Collard moved by his Councel in the Court of Kings-Bench
and Commons Is not this an offence punishable out of Parliament Answer We conceive this also to be an Offence punishable out of Parliament Quere VII If Two or Three or more of the Parliament shall Conspire to defame the King's Government and to deter his Subjects from Obeying or Assisting the King Of what nature this Offence is Answer The Nature and Quality of this Offence will be greater or lesser as the Circumstances shall fall out upon the Truth of the Fact Quere VIII Can any Priviledge of the House Warrant a Tumultuous Proceeding Answer We humbly conceive That an earnest though a disorderly and confused proceeding in such a Multitude may be called Tumultuous and yet the Priviledge of the House may Warrant it We in all humbleness are willing to satisfie Your Majesties Command but until the Particulars of the Fact do appear we can give no directer Answers then before And particularly as to the Second Quere about the King's Power of Adjourning as well as Calling and Dissolving of Parliaments these following Parliamentary Precedents were given in Mercur. 4. Aprilis 1. Jac. Sess 1. Mr. Speaker pronounceth His Majesties Pleasure of Adjourning the House till 11th Parliamentary Presidents about Adjournments by the King of April and it was so done Jovis 18. Dec. 1606. The Lords by their Messengers signified the King's Pleasure that the Session should be Adjourned till the 10th of February following Upon this Message Mr. Speaker Adjourned the House according to His Majesties said Pleasure Martis 31. Martii 1607. The Speaker delivered the King's Pleasure that the House should be A journned till Munday 20. April following Mercurii 20. Maii 1607. Mr. Speaker signified the King's Pleasure about Nine a Clock to Adjourn the House till the 27th of the same Month. And 27th of May he being Challenged for Adjourning without the Privity of the House he excuseth it and saith as the House had power to Adjourn themselves so the King had a Superior Power and by His Command he did it Veneris 30 Martii 1610. His Majestie 's Pleasure to Adjourn from Tuesday till Munday Sevenight 11. July The King by Commission Adjourneth the Lords House Messengers sent to the Commons They send by Messengers of their own to the Lords that they use to Adjourn themselves The Commission is sent down Mr. Speaker Adjourneth the House till the first of August 26. Febr. 4. Car. Mr. Speaker signifieth His Majestie 's Pleasure that the House be presently Adjourned till Munday next and in the mean time all Committees and other proceedings to cease And thereupon Mr. Speaker in the Name of the House Adjourned the same accordingly And for a short Account of this Affair take this out of Crook's Reports Cro. 3. Part The King versus Sir John Elliot Denzill Hollis and Benjamin Valentine fol. 181. Hill Term. 5 Car. AN Information was exhibited against Sir John Elliot Sir John Elliot's Case c. about the business 3 Car. out of Crook's Reports Denzil Hollis and Benjamin Valentine by the Attorney General c. To which the Defendants appearing pleaded to the Jurisdiction of the Court That the Court ought not to have Conusance thereof because it is for Offences done in Parliament and ought to be there Examined and Punished and not elsewhere It was thereupon demurred and after Argument adjudged That they ought to Answer for the Charge is for Conspiracy Seditious Acts and Practices to stop the Adjournment of Parliament which may be examined out of Parliament being Seditious and Unlawful Acts and this Court may take Conusance and punish them Afterwards divers Rules being given to Plead and they refusing Judgment was given against them viz. Against Sir John Elliot that he should be committed to the Tower and should pay Two Thousand Pounds Fine and upon his Inlargement should find Sureties for his Good Behavior And against Hollis That he should pay a Thousand Marks and should be Imprisoned and find Sureties c. And against Valentine That he should pay Five Hundred Pound Fine be Imprisoned and find Sureties Note That afterward in the Parliament 17 Car. It was resolved by the House of Commons That they should have Recompence for their Damages Losses Imprisonments and Sufferings sustained for the Services of the Common-Wealth in Parliament of 3 Car. Note In the Session of Parliament Anno 19 20 Car. 2. a Motion was made by a Commoner to have this and some other like Resolutions expunged out of our Law-Books that Students might not be poysoned therewith and a Committee was accordingly appointed to inspect them And accordingly upon Report made by Mr. Vaughan from the Committee about freedom of Speech in Parliament it was Resolved among other Votes That the Judgment given 5 Car. against Sir John Elliot c. in the Kings-Bench is an Illegal Judgment and against the Freedom and Priviledg of Parliament The Concurrence of the Lords was desired and their Lordships Concurred with the Commoners Upon the Petition of Commissary Wilmot and Colonel Ashburnham Commissary Wilmot and Colonel â—shburnham Bailed it was Resolved c. That Commissary Wilmot and Colonel Ashburnham shall be bailed in the same manner that Captain Pollard was Resolved c. That a Warrant shall issue under Mr. Speaker's hand to the Lieutenant of the Tower to deliver them into the Serjeant's hand It was further Ordered That Colonel Goring Commissary Wilmot and Colonel Ashburnham shall not offer any violence one to another Colonel Goring being present in the House promised to observe the Injunction and Commissary Wilmot and Colonel Ashburnham were ordered to give satisfaction to the House under their hands that they will observe this Command of the House Upon his Petition it was likewise Ordered That Mr. Mr. William Davenant Bailed William Davenant should be bailed upon such Security as the House shall allow of Dudley Smith Esq and William Champneys Esq Sewers to the King were also admitted to Bail 2000 l. the Principals and 1000 l. the Sureties William Williams was this day called in to Answer the Breach of Priviledge committed in entring upon the Freehold of the Lord Bishop of Lincoln Breach of Priviledge and disquieting the possession of his Lordships Lands in Carnarvan-shire The said Williams consess'd he had entred upon the Lands of the Lord Bishop of Lincoln at May last was Twelve Months The House thought fit to Release him upon Bail Then Johannes Maynard Mil ' Balniae Single Bail taken in the Lords House Recogn ' se debere Domino Regi ducent ' libras levari ad usum Domini Regis ex Terris Tenementis Catallis The Condition of the abovesaid Recognizance is That if William Williams shall appear before the Lords in Parliament and abide the Order of Parliament then this Recognizance is void or else it is to remain in full Power and Force This day there was a Conference between the Lords and Commons concerning the Case of the Palatinate and the King 's Manifesto
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
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
dangerous examples to draw others to the like Superstitious gestures and have given great Scandal and offence to the sound sincere and well affected Christians VII He in the said year 1636. enjoyned all the People to come up to the Rail to receive the Holy Communion and there kneel and do Reverence before the Holy-Table placed Altarwise And gave directions to the Ministers not to administer the Communion to such People as should not so come up and do such Reverences as aforesaid and that the Minister should within the Rail deliver the Bread to such People only as should so come up and kneel before the said Table as aforesaid This was to the offence of the Consciences of many good People who for fear of Idolatry and Superstition durst not come to kneel at the said Rail before the Table so placed Altar-wise and many People not coming up thither though presenting themselves upon their Knees in Chancel have not had the Communion delivered unto them and afterward for not receiving have been Excommunicated as namely John Shyming Samuel Duncknon Peter Fisher Thomas Newton Edward Bedwell Edmund Day John Frowar and many others VIII He did in the said year 1636. enjoyn and command that there should be no Sermons on the Lodrs Dayes in the afternoon or on the Week Dayes at all without his License And also enjoyned that there should be no Catechising but only such Questions and Answers as are contained in the Book of the Common-Prayer Not allowing the Ministers to expound or open the points of the same to the People He and his under-Officers affirming in publick places that such an Exposition might be as ill as a Sermon And the more to hearten and confirm the People in prophaning the Lords Day He enjoyned the Ministers to read publickly in their Churches a Book published touching sports on the Lords Day For not reading whereof some Ministers were by the command and directions of the said Bishop Suspended viz. Mr. William Leigh Mr. Richard Proud Mr. Jonathan Burr Mr. Matthew Brownrigg Mr. Mott and divers others some deprived Mr. Powell Mr. Richard Raymond Mr. Jeremy Borrowes and some otherwise troubled By all which Knowledge was suppressed and Ignorance and Prophaneness introduced in that Diocess IX There having been formerly two kinds of Ringing of Bells and calling People to the Church in that Diocess viz. one kind when there were only Prayers to be Read and another kind when there were both Prayers to be read and a Sermon Preached whereby the People did apply themselves to the Service of God in those places where both Prayers and Preaching was to be He to hinder the People in their good desires in serving of God and edifying their Souls did in the same year 1636. command and enjoyn that there should be no difference in Ringing of Bells to Church when there was a Sermon and when there was none X. Whereas many Godly Ministers for the preventing of the great Sin in the People of unworthy receiving the Holy Communion of the Lords Supper did use to Preach two or three Days before every Communion a Preparation Sermon to prepare and Instruct the People in the Right and Worthy receiving of the Communion He the said Bishop did in the said year 1636 forbid Ministers to Preach any such Preparation Sermon in that Diocess as namely Mr. Devereox Mr. Swayn and other Ministers XI Whereas all Gods Ordinances are Sanctified and made Fruitful by the blessing of God upon them by Prayer He endeavouring to suppress the benefit and power of Prayer in the year 1636 enjoyned That no Minister should use any Prayer before his Sermon but more the People to Pray only in the words of the fiftieth Canon made Anno 1603 which Canon was not warranted by the Law And that no Prayer should be used before or after the Sermon And he in his own Person having been at the Sermon in the Town of Ipswich when the Preacher did use or make any other Prayer did sit upon his Seat without using or giving any reverence of kneeling or otherwise thereby to discountenance such Prayer And he in the said year 1636 enjoyned that no Prayer should be made in the Pulpit for the Sick and that such as were prayed for in the Reading Desk should be prayed for only in the two Collects prescribed for the visitation of the Sick in private Houses XII He the more to Alienate the Peoples Hearts from hearing of Sermons in the said year 1636. Commanded and enjoyned all Ministers to Preach constantly in their Hood and Surplice a thing not used before in that Diocess and much offensive to the People as a Scandalous Innovation And the Parishioners of Knatshall wanting a Surplice he did by his Officers in the year 1637. enjoyn the Church-Wardens there that no Prayers should be read in that Church till they had got a Surplice which they not getting for the space of two Lords Days after had no prayers during that time there XIII That during the time of his being Bishop of Norwich which was about two years and four Months There were for not reading the second Service at the Communion-Table set Altar-wise for not reading the Book of Sports for using conceived Prayers before and after Sermons And for not observing some other Illegal Innovations by him and his under-Officers by and upon his directions and injunctions sundry Godly painful Preaching Ministers that is to say Mr. William Powell Mr. John Carter Mr. Robert Peck Mr. William Bridge Mr. William Green Mr. Mott Mr. Richard Raymond Mr. Thomas Scot Mr. Greenhil Mr. Nicholas Beard Mr. Hudson Robert Kent Jeremy Burrows Mr. Thomas Allen and others to the number of fifty were Excommunicated Suspended or deprived and otherwise censured and silenced to the undoing of many of them their Wives and Children and they could not be absolved without giving promise to conform to his directions editis edendis by means whereof some Ministers were enforced to depart this Realm into Holland and other parts beyond-Sea viz. The said Mr. Thomas Bridge Mr. Jeremy Borrows Mr. Thomas Allen Mr. John Ward and others of Norwich to remove into other more peaceable Diocesses as namely Mr. Edmund Calamy Mr. Broom Mr. Beard and others and some of them so Prosecuted as hath been suspected to be the Cause of their Deaths as namely Mr. Thomas Scot and others the terror of which proceedings hath caused other Ministers to leave their Cures and go away viz. Mr. William Kirington Mr. Thomas Warren Mr. John Allen and others and if a Stranger Preached at the Cure of such Person Suspended the Church-Wardens permitting such Person so to Preach were enjoyned penance and otherwise troubled as namely the Church-Wardens of Snailwell and the Stranger for Preaching was also therefore molested viz. Mr. Ash Mr. Eades Mr. Manning and other Ministers XIV That during the time he was Bishop of the said See of Norwich he did unlawfully compel the Inhabitants of the several Parishes within that
truely incident and belonging to the Place of Chief Justice of the said Court of Common-Pleas should be restored and continued they have Vnanimously Resolved Voted Declared and Ordered That the said Offices of the first and third Prothonotary of the said Court of Common-Pleas of the Clerk of the Warrants of the Clerk of the King's Silver of the Clerk of the Essoignes of the Clerk of the Treasury and of all the Phillizers and of all the Exigenters except for the County of Monmouth do by right belong to the Disposition of the Lord Chief Justice of the said Court of Common-Pleas for the time being and that the Grants formerly made by Letters Paents of the said Offices or Clerks Places or any of them are illegal and void in Law and it is further Ordered That the said several Letters Patents herein mentioned shall be forthwith brought into this House Mr. Comptroller brings a Message from the Queen in Writing Wednesday July 21. in these Words WHen the Parliament did the other Day The Queens Message by Mr. Comptroller express their Affections to Me in taking into Consideration the Journey which I had resolved on for the recovery of my Health and represented a Desire of My stay with a tender Care of removing all Occasions of My Indisposition I could not then give them a positive Answer such as I desired for their Satisfaction because I knew not if My Health would give way unto it but since that Time I have resolved to venture my Health and for complying with their Desires not to go since My Presence here will be acceptable unto them and that they conceive it will be for the good of the Kingdom for I desire nothing more then to let them see that I shall in all things be ready to gratifie them and to serve the State though as I then said with the hazzard of my Life Upon the Receipt of which Message it was Ordered That the Bill for the Queens Joynture shall be reported this Afternoon and Mr. Comptroller is to represent to Her Majesty that this House is very sensible of the favor done by Her Majesty and that they are thinking of some more solemn way of representing it Ordered That the same Committee that attended Her Majesty before shall meet with the Committee of Lords to present Thanks to Her Majesty at such time as their Lordships shall think fit and a Conference to be desired with the Lords about it their Lordships having had the like Message from Her Majesty sent to their House At which Conference it was agreed to return Her Majesty Thanks in these Words as was reported by Mr. Hollis BOth Houses of Parliament have with very much Comfort and Thankfulness received that Gracious Message Mr. Hollis Reports the thanks of both Houses to the Queen for putting off her Journey to the Spaw whereby your Majesty hath been pleased to declare your Resolution of staying your intended Journey at their humble Desire which they hope will be no Prejudice to the Recovery of your Health but rather an advancement of it by that Contentment which You will receive from the continual Expression of their Affection and Zeal to do you Service And they have commanded Me in their Names to declare that both Prayers and Indeavors shall concur in all things tending to your Majesties Wellfare and Prosperity These Promises were well observed when they voted her Majesty a Traitor afterwards for assisting the King against them in an Actual Rebelbelion The Queens Answer Thursday July 22. Cessation continued 15 days longer which they shall ever esteem as a very great Blessing both of the Kingdom and of themselves To which Her Majesty returned this Answer I Am very glad that both Houses of Parliament have taken my Resolution of staying my Journey in so good Part they may see by it I have preferred their Content before My Health and I shall still continue to do all lies in My Power to serve the King and for the good of this Kingdom and to please them as they have already seen The Cessation of Arms was voted to be continued Fifteen Days longer from the expiration of the present Term upon the same Conditions if the Treaty continue so long This Day Mr. Smart who Articled against Dr. Cosins was by Order of the Lords restored to his Prebend in Durham and had also the Vicaridge of Aycliff in the Bishoprick of Durham bestowed on him upon the Death of Dr. Carr the present Incumbent So forward was the Zeal of the Faction to incourage and reward these Men who had been the Opposers of the Government and the real Incendiaries by promoting false and scandalous Accusations against the Bishops and the Dignified Clergy A Report from the Committee of Seven Ordered That the Articles then Reported be kept secret They were about the Conspiracy but not being entred in the Journal I cannot oblige the Reader with them The Earl of Bristol reported the Answer of the Scots Commissioners to the Two Propositions Earl of Bristol Reports the Scots Answer about disbanding which the Lords Commissioners were Ordered by this House to propound to them The Answer was ALthough the extreme necessity of the Army hath been so represented unto us as that the Arrear and 80000 l. of Brotherly assistance have not been sufficient to disband our Army and pay the most necessary present Charges yet have we not refused to agree to your desires in every thing within our Power which moveth us who are but a few of the Commissioners to offer not only the representing of our present desires to the General and Committees but the perswading of their condescending so far as necessity can permit both about the time of disbanding our Army so much desired by us all and which will be done chearfully and readily as soon as the Articles are ratified in the Parliament here and the Mony that shall be agreed upon sent and received at Newcastle As also for continuing the forbearance of the payment of 80000 l. for some short time But we are bold to desire an Alteration in your Lordships Paper that it may be the most possible for them to agree thereto as all the by-gone Arrears would be presently sent to Newcastle that they may have time to make Accompts and prepare for Disbanding so all the Arrears that will be due to the last day of the Payment of our Army may be shortly satisfied either here at London for answering Ecxhanges or sent to Newcastle to help the Disbanding there And for the 80000 l. that your Lordships would offer to Deliver and Embarque the same here before the Tenth of August that it may be in Scotland against the King's coming or the 20th day of the said month at farthest because divers have lent all their Moneys and sold all their Victuals for the publick use of the Army who must now be supplied with some part of their Mony and price of their Victuals otherwise it
the honour and safety of the Kingdom This day the Bill Entituled An Act for the securing the True Religion The Bill for securing the true Religion c. rejected the Safety and Honour of His Majesties Person the just Rights of the Subject and the better discovery and punishment of Popish Recusants was read a Second time and after a long Debate of the House it was Resolved by the major part That this Bill be Rejected The Reader is to understand that under the glorious Title with which this Bill was guilded the main matter of it was the taking away the Peerage of the Bishops in Parliament which since they could not effect by the former Bill they thought to slide in under these specious pretences of preserving Religion c. but the House of Lords had too many Wise and Noble Just and Honourable Persons in it yet for the Faction to effect their Design After this the Lord Mayor of London and the Aldermen c. were called in to give an Answer to the Proposition for lending 40000 l. and the Lord Mayor signified That he hath already prepared 34500 l. part of the 40000 l. and the full Sum will be made up this night and further he acquainted the House that he hath received 18000 l. of the Poll-mony For which service and readiness in this business the Speaker gave the Lord Mayor and Aldermen and the rest thanks from this House The Earl of Bath reported the effect of the Conference about disbanding that the Commons delivered these four Resolutions Earl of Bath reports the Conference about disbanding 1. That the Ninth day of August next shall be the day appointed for the marching away of the Scots Army 2. That the mony due for relief of the Northern Counties is ready and that if they shall desire any reasonable assistance for the conveying of it they will be ready to assist them in the best manner they can 3. The House of Commons desires that the English Lords Commissioners may move the Scots Commissioners to put off the time for the payment of the 80000 l. part of the Brotherly Assistance till the first day of September next and that notwithstanding they will pay it sooner if they can 4. That after the Scots have declared their Assent of disbanding that then our Army shall be disbanded with all possible speed and the Horse to be first disbanded Upon which it was Ordered That this House doth agree with the House of Commons in all the aforesaid Resolutions and do further Order That the Lords Commissioners do resume the Treaty with the Scots Commissioners and prepare it for a Conclusion After the Conference with the Lords about the Disbanding the Commons fell into Debate concerning the Kings Journey into Scotland and it was Thursday July 29. Votes to desire a Vice-Roy during the King's absence in Scotland Resolved c. That the Lords be desired by this House in a Conference to joyn with this House in a Petition to His Majesty to appoint a Custos Regni or Locum tenens during his Absence out of this Kingdom and amongst other things in special to give him Power to give the Royal Assent in Parliament and to do such things as the King might do if he were present Resolved c. That His Majesty be likewise Petitioned That an Act of Parliament may pass to this Effect That such Commission shall not be repealed until His Majesties return from Scotland to the City of London or Westminster or be present in full Parliament Which two Resolves were communicated to the Lords at a Conference Upon Information this Day unto this House That Sir George Radcliff being now a Prisoner in the Gate-House Sir George Ratcliff has liberty to take the Air. was indisposed in his Health by reason of the closeness of the Place where he remaineth and that he was an humble Suitor to their Lordships that he might receive the Favor to go into the Fields with such Keepers as their Lordships should think fit It was Ordered That the said Sir George Radcliff shall have the Liberty by Virtue of this Order to go into Chelsey Fields or any other Fields near thereabout to take the Air for his Health at such times as he shall desire it The Earl of Bristol Reports the Scots Answer about the disbanding their Army which was read in haec verba Scots Commissioners Answer about disbanding the Army Whereas the Removal of the Scottish Army is desired against the 9th of August upon the Receipt of a Paper from your Lordships of the 22 of July we did immediately represent the same to the Lord General and Committees from whom we expect very satisfactory Answers by the Earl of Dumserling and Lord Lowdon and for hastning the disbanding we did in our Answer of the 21st of July desire that the Arrears might be then delivered and sent to New-Castle that we might finish our Accounts and pay our Debts in those Countries and be better prepared for our Disbanding but we conceive that the not timous delivery of the Arrears shall prove the greatest Impediment in our removal therefore We do remit to the Parliaments consideration to take some speedy course for sending of the whole Arrears As for the delay of the Payment of the 80000 l. we have also represented the same unto the General and Committees according to the days mentioned in our Paper of the 22 of July whereof we do expect an Answer by the Earl of Dumserling and the Lord Lowdon The Bill against Ship-Money being read a third Time this Day Act against Ship-Money passed the Lords Lord Majors Cause heard and referred and put to the Question it was resolved to pass for a Law After which the Lord Major and Aldermen and Commons of London were called in and asked Whether they had composed the Differences between themselves concerning the Election of the Sheriff But it being Answered That they had a meeting about it yet could not agree This House took the Cause into Consideration having heard the Objections on both Sides and at last appointed these Lords Committees viz. Lord Privy Seal Lord Chamberlain Earl of Bath Earl of Bedford Earl of Bristol to try if they could accommodate the difference between them and settle Peace amongst them if not to report the same to this House And their Lordships or any five or more to meet at 5 of the Clock this Afternoon in the Painted Chamber and the Lord Major and Aldermen and some of the Commons to be present Mr. Bagshaw Reports the Articles against the Bishop of Bath and Wells which were all read but are not entred in the Journal Friday July 30. But that the Reader may see they were of the same Leven with those against the Bishop of Ely and that indeed the Crime was being a Bishop I will subjoyn some Articles which an Informer one Mr. James a Minister in his Diocess exhibited against him whereby it will appear
three went immediately to the Lord Mandevilles Lodging where being set together the Lord Lowdon begun with very severe Expostulations charging the Earls of Bedford Essex and Warwick the Lord Viscount Say and Seal the Lord Brook Savile and himself with the highest breach of their Promises and Engagements professing that they had never invaded England but upon confidence of their keeping Faith with them according to those Articles which they had Signed and sent unto them When this Narrative was made by the Lord Lowdon and confirmed by Sir Archibald Johnston the Lord Mandeville stood amazed and protested with clear and solemn Asseverations that he was a Stranger and altogether ignorant of any such Designs Articles or Ingagement and he was very confident that he might affirm the like in the behalf of the rest of those Lords whom they thus charged with breach of Promise but this Denial was no way Satisfactory unto them but was taken as a disingenuous Denial and the Lord Lowdon urged it as an Act of great Ingratitude towards them that had hazzarded all that was dear unto them upon the pressing Perswasions and solemn Ingagements of those Lords and they told the Lord Mandeville that the Lord Saville had first treated with the Lord Lowdon when he was Prisoner in the Tower in the Names of a considerable Part of the Nobility and Gentry of England and that after he was released and had been some few Weeks in Scotland the Lord Saville sent the Articles of Agreement subscribed by those Lords into Scotland by Mr. Henry Darley and they did not doubt but the Lord Saville would avow all this to be true The Lord Mandeville willingly accepted of the Lord Savilles Testimony of the Truth of their Assertions and desired they might meet the next day with the Lord Saville but that in the Interim he might not know what had now passed between them which they promised and the next day they all met and when the Lord Lowdon had made his Narrative and urged his former Charge he in the presence of the Lord Mandeville with a surprized Countenance and other Expressions of Guilt confessed the Truth acknowledging that he had never acquainted any of those Lords with the least particular of the Design or of the Articles of Engagement and that he had counterfeited their Hands in subscribing their Names to the Declaration and Engagement which was sent into Scotland some Apologies he did offer as that he found the backwardness of the Covenanters to be such that they would not hazard a coming into England until they had a full Engagement from Persons of greater Interest in England then himself He began to consider what Persons of Honor were in greatest Esteem with the Covenanters and his Thoughts were fixed on these Lords yet knowing it impossible to gain them to consort with him in so Traiterous a Design he found it necessary to act in a way of Falshood rather then lose the advantage of so hopeful a Design He further added That since by the Providence of God the Success of their Enterprize had been so far above their Expectations thô few but himself knew of the Design at first yet he did believe now that the best part of England Providence intituled to the hopeful Success of Rebellion and sure a hopeful Reformation was like to succeed such a beginning did hope to find an happy Opportunity for the Redress of the Publick Grievances of both Kingdoms by the coming of the Army into England therefore he desired them to silence all Discourses tending either to the dislike or discovery of the Treachery or Falsness of his Design and that they would Act vigorously and unanimously in Order to the Advantage of both Kingdoms This was owned by the Lord Lowdon and Sir Archibald Johnston to be a just and a full clearing of the Honor and Honesty of those Lords whose Names had been subscribed but it made in them a deep Impression of that Lords falseness Proditionem amo Proditorem odi which shewed it self at that time by some sharp Reprehensions yet in such a conjuncture of their Affairs and ours they thought it not prudent to shew so great dissatisfaction as might give the Lord Saville a total Rejection therefore they concluded their Conference with this Assurance to the Lord Mandeville that they would give a true account of the Carriage of this Business to the Committees of Parliament then residing at New-Castle that so those Lords might be righted in their Honors and Faith which had received a blemish by the boldness and Treachery of the Lord Saville The Lord Mandeville then made these Requests unto them Had the King been acquainted with it as he ought in probability it might have conduced much to the good of the Nation First that he might acquaint some of the Lords which were equally concerned with himself And that the Declaration and Engagement under their feigned Names might be delivered to them The first was granted the second was promised and after a few Daies they received the Engagement from New-Castle and did in the Presence of the Lord Mandeville cut out all the Names and burnt them but they would not deliver the Declaration and Ingagement it self And in another Place speaking of this Affair he tells us that the Scots laboured under such Difficulties and Dangers by the failing of these Supplies which they expected from their supposed Confederates as that they had in their Thoughts to Retreat with their Army near to the Borders of their own County and to cast themselves upon his Majesties Grace and Favor by an Humble Petition and Remonstrance setting forth to him and the whole World the Invitation and Agreement which was delivered to them from some Lords in the behalf as they conceived of themselves and others in England who were cordially Affected to the True reformed Protestant Religion and the Publick Rights and Liberties of the Nation Thus far he by which it is evident that though the Scots were not in reality Invited into England by those Lords who favoured their Designs yet being come they were made Welcome and the Reformers closed in with them to bring about their intended Work of Reformation This Day the Lord Capell was with the usual Solemnity Saturday August 7. The L. Capel introducted introducted into the House of Lords his Writ bearing Date August 6.17 Car. Reg. A Message was brought from the Commons about disbanding and to move His Majesty for a Proclamation for the more peaceable Effecting of it Whereupon the Two Houses Petitioned his Majesty concerning it The Kings Answer to the desire of both Houses about disbanding the Horse to which He returned this Answer His Majesty hath ever since this Parliament taken the Advice of His Parliament concerning the Army therefore he gives his Consent concerning the Disbanding of the Horse and that He hath given Order that His Attorney shall issue out such a Proclamation as is desired And His Majesty doth
first acquainted this House therewith And they further desired this House to consider whether this House would stand to the Charge they have already transmitted The Earl of Bristol Reports certain Propositions or Memorials which were delivered to the Lords Commissioners from the Commissioners of Scotland Memorials from the Scottish Commissioners and Answers to them as are fit to be perfected upon the Treaty as also the Lords Commissioners Answers to them Prop. 1. I. THe Exemplification of the Treaty and of the Act for Securing the Remainder of the Brotherly Assistance to be writ in Secretary Answer To this it was Answered That it is already Ordered as is desired Prop. 2. II. That a Commission may be granted from the Parliament for Examination of Witnesses in the Process of Incendiaries conform to the Paper given to the Earl of Bristol Answer The Second is referred to the Lord Mandevil's Care Prop. 3. III. A Licence to the Army to March through Berwick because the Waters are out that they cannot march over the River of Tweed and so cannot appoint a certain day for the passing over Answer This is to be propounded to the Houses of Parliament Prop. 4. IV. To get an Order for delivery of 42000 l. part of the 80000 l. and that the remainder of the 80000 l. detained for payment of what is due to the Northern Counties may be secured by Order of the Parliament so as it may Release the Scots at the Counties hands if so much shall be found justly owing unto them by those who are entrusted on both sides with the Accounts and if there be not found so much justly owing to the Counties that the overplus be paid to the Scots and that they may have Acquittances from the Counties Ans wer This is or shall be presently performed by the Earl of Warwick Prop. 5. V. That the time for the removing the Scottish Army is to begin after the Receipt of the Arrears and Payment of the 80000 l. in manner aforesaid and that it is conceived the same will be paid unto them before the 15 day of August and that they have 5. dayes thereafter to draw the Army together in one Body at a Rendevouz and making themselves ready with all their Necessaries to march and there is thereafter five dayes allowed them to march to Scotland which will be the 26th of August Instant during which space the Maintenance of the Army of 850 l. per diem for Relief of the Northern Counties is to be allowed and paid before the Army March Answer The dayes in particular are to be set down by the Parliament Prop. 6. VI. To condescend that the Commission for Conservation of the Peace and the Commission for the Treaty concerning Trade and Intercourse betwixt the Two Kingdoms do go on all the remanent Articles to be referred to that Treaty Answer Order shall be given accordingly and that the Lord Mandeville will take care Prop. 7. VII To think upon the Warrant and manner of recalling the Declarations and Proclamations made against His Majesties Subjects of Scotland and the manner and time of the public Thanksgiving for the happy Peace and Union of the Kingdoms Answer It shall be moved to the Parliament that Order may be taken accordingly but the Scots to be over the Tweed first Prop. 8. VIII That Order be given to the northern-Northern-Counties for carrying their Artillery Ammunition and Baggage to the River of Tweed Answer It may be recommended to the Gentlemen of those Counties to Write their Letters for the performance of what is desired After which the House of Lords agreed to all these Propositions and Answers Then a Letter from the Speaker of the House of Lords to the Lord General was read as follows May it please your Excellency YOur Excellency hath lately received Order from the House of Lords Assembled in Parliament for the speedy Disbanding of the Horse of His Majesties Army which they hope is in good forwardness The Letter from the Lords to the Lord General Aug. 11. 1641. His Majesty hath now given His Royal Assent to the Acts for the conclusion of the Treaty and the securing the remaining part of the Brotherly Assistance and all the Arrears due to the Scottish Army are upon the way to New-Castle I am therefore commanded by the House of Lords to convey to your Excellency their earnest desires that you will with all possible speed Disband all the Regiments of Foot and the Train of Artillery of His Majesties Army His Majesty hath been pleased Graciously to declare his Royal Assent therein and your Excellency will herewith receive Order for the doing thereof I shall only add that the Scots Commissioners are engaged to the Parliament that immediately upon the Receipt of those Arrears their Army shall march away to Scotland for which their General hath received a Command from the Parliament of Scotland This House being very confident of your Lordships care in the present business do promise to themselves a speedy and a happy conclusion thereof for which your Excellency may justly expect their Hearty thanks and that it will be an acceptible Service to His Majesty as may appear by His Majesties Message to this House a Coppy whereof you will receive herewith which as by the Command of this House is sent by 11 Aug. 1641. Your Excellency's humble Servant c. Serjeant Whitfield and Sir Edward Leech being sent this day by the Lords to desire a Conference by a Committee of both Houses touching the Final Conclusion with the Scots Thursday August 12. the Earl of Bristol reported the Heads of the Conference which he was Ordered to deliver to the House of Commons 1. To let the House of Commons know Heads of a Conference for a Final Conclusion with the Scots That the 7th of September next is thought to be a fit day for Publick Thanksgiving for both Kingdoms for the Conclusion of the Pacification 2. To know from the House of Commons What dayes are to be allowed for the Marching away of the Scots that the day of their passing over Tweed may be certain they being to be paid until the 25th of August 3. To let the House of Commons know That the Exemplifications of the Acts concerning the Treaty and Publique Faith are both passed under the Great Seal and delivered 4. To desire them to joyn with this House That the Scots may be moved for the delivering of the Arms and Cannons at Newcastle to his Majesties Officers 5. To let them know That the Scots desire that there may be a Warrant granted for the Transporting of 30000 l. in Money by Sea 6. To know of them what Course is to be taken for the perfecting the Treaty in Scotland 7. To let them know That the Scots desire to pass with their Army by Berwick Bridge and in such sort as shall be for the Safety of that Town as shall be agreed upon by their General and the Governor of Berwick 8.
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
of Winchester's House the Commons desired a Conference with the Lords about it which Conference was thus Reported by Mr. Pym. That the Earl of Warwick said That whereas this House had propounded the Disarming of Recusants their Lordships agreed with them in the matter but desired a free Conference concerning the manner but it was remembred by another Lord that the manner was likewise propounded which was to send down Commissioners into all Counties to see it done upon which the Lords desired of this House to consider what men to send down and they did fully agree to the manner This Day the Lord Keeper signified to the House A Message from the King about Soldiers for the Spanish Ambassador That His Majesty hath Commanded Mr. Nicholas the Clerk of the Council to let their Lordships know That His Majesty is so far now engaged to the Spanish Ambassador for four Regiments of Irish That His Majesty cannot go back now and that it was assured His Majesty before he went from London that both Houses were content only it wanted the formality of Voting whereupon His Majesty gave an absolute Order for the Levying and Transporting of those Men and reiterated His Majesties promises to the Ambassador wherefore His Majesty would have the Houses acquainted herewith that those Levies may not be stopt Which was afterwards at a Conference communicated to the House of Commons Monday August 23. Letters from the E. of Holland and Sir William Udal about disbanding A Letter from the Lord General the Earl of Holland was this Day Read informing the Lords That he had not been wanting in diligence to fulfil their Orders and Commands in Disbanding the Army and that it was an affliction to him that the best Service he was able to perform was not better accepted by their Lordships That he had done all that lay in his Power and that as soon as the Accounts for Billetting could be stated they should be discharged but till Money came to them they could not do it This was seconded by a Letter from Sir William Vdal informing That they can proceed no further in the Disbanding till there be a Supply of Money and that he hath not above 200 l. in his hands Tuesday August 24. Whereupon It was Ordered That the Gentlemen that serve for the City of London shall endeavour to Borrow 40000 l. of the City upon the Credit of the Two last Bills of 4 Subsidies and the Poll-Bill without which the Army cannot be Disbanded The Speaker of the House of Commons was likewise Ordered to write a Letter in the Name of the House to those Sheriffs who were thought deficient in gathering the Poll-Money to quicken them in the Collecting and sending of it to the Army The Copy of which Letter was thus SIR THE House of Commons did hope The Speakers Letter to the Sheriffs about the Poll Mony that in so great a time and so visible a Necessity of present Money no private person much less any Publique Officers would have been so slow in contributing their Assistance to the getting in of the Poll-Money but by the not coming in of this from the slow and slender coming of it from others together with more particular Informations this House is forced to believe that both Payers Assessors Collectors and Returners are in fault concerning it I am therefore Commanded to let you know from the House That as you tender your Own or the Publique Good you make all possible hast in returning such Money as you have ready and that you will make known to the Commissoners That if we be not by them prevented the House intends to make a review of the Assessments to the End that wherein the Assessors through partiality shall be found either to have left any uncharged whom the Act chargeth or to have charged any lower than they are charged by the Act those that shall be found faulty may incur both the ill Opinion and severe Punishment of Parliament as Contemners of the greatest Authority in a time of greatest Necessity and by that Contempt being Causes of the Armies less speedy Disbanding to the Danger as well as the unsupportable and unnecessary Expence of the Kingdom An Order was likewise drawn up and presented to the Lords at a Conference by Mr. Pym with the Reasons of it the Necessity of present Money for the several Counties therein mentioned to pay in their Poll-Money at York See the Order it self August 24. 1641. An Order of the Lords and Commons in Parliament The Order of both Houses for paying in the Poll-Mony at York to Expedite the Disbanding Aug. 24. 1641. concerning the more speedy Transportation of the Poll-Mony to York for Disbanding of His Majesties Army WHereas it is Enacted that the Sheriffs of the Counties and Cities hereafter named shall amongst others pay such Summs of money as they shall receive for Poll-money to the Treasurer in the Act named in the Chamberlains Office within the City of London Now forasmuch as their long delay and slow payment is very burthensom and dangerous to the Kingdom because the Kings Army in the North by this means remains un-disbanded to the insupportable Charge of the Common-wealth For the more speedy relief of the Kingdom the Lords and Commons in this Parliament assembled do hereby order and ordain that the several Sheriffs of Worcester Cambridge Huntington Leicester Northampton Rutland Warwick and of the Cities that are Counties within those Countries and every of them respectively shall forthwith on notice of this Order send such Monies now in their hands or shall come to his Hand or any of their Hands respectively or to the Hands of his Under-Sheriff or Deputy or to the Hands of any of their Under-Sheriffs or Deputies respectively under a sufficient Guard and Convoy to the City of York to pay the same to Sir William Vdall Knight Treasurer of His Majesties Army now there residing takeing his acquittance for the same which acquittance the said several Sheriffs respectively shall send to the Chamber of London and that the said Treasurer in the Act named shall accept of the same as if so much Money were paid in specie and shall deliver an Acquittance or Acquittances for the same which shall be as sufficient a discharge to the said several Sheriffs as if the Mony had been paid there And the said Treasurer of the Army is hereby required that he shall as speedily as he may after the receipt of any such Summs from any of the Sheriffs afore-mentioned send up to the said Treasurer of the Chamber of London present and distinct Certificates of the same It is further Ordered that the several Sheriffs of the Counties through which these Moneys do pass shall provide a sufficient Convoy to Guard the same through the several Counties and that the Sheriffs under whose charge the Money is shall have allowance for Transportation thereof in their several Accounts Lastly it is ordered that a strict account
And being demanded whether the Lord Mac-guire was one appointed to this Business he at last said he thought he was William Parsons R. Dillon Ad. Loftus J. Temple Tho. Rotherham R. Meredith The Examination of Richard Grave of Dronibote in the County of Monoghan The Examination and Deposition of Richard Grave concerning the Irish Rebellion Yeoman taken the 25th of October 1641. WHo saith That on Friday last the 22d of this Month a little before Night a Son of Art-Oge Oneal's of the Fues whose Name he knoweth not accompanied with about One hundred of the said Art-Oge's Tenants Armed with Swords Pitchforks and some Muskets came to Dronibote aforesaid to the House of William Grave Brother to the said Richard and having broken down the Doors and Windows of the said House they Rifled it and robbed him of all the Money they could find there and of sundry other Goods which they were able to carry away and when they had so done they came to the House of William Grave the Elder Father to the Examinat and having broken down the Doors of the said House they robbed him of all his Money Linnen and Clothes and sundry other Goods He saith also That the same Night they broke into and robbed the House of Sir Henry Spotswood in the same Town and took from thence all the Money and Plate which they found there as also divers Houshold-Goods and a fair Stone-Horse He saith also That about Twelve a Clock the next Day the same persons came again to the said Town accompanied with Two or Three hundred more and then Robbed and spoiled it of all the rest of the Goods and Chattels which they found and presently after they set fire upon all the Houses there and burnt them to the Ground he saith also That the Goods which his Father and himself and his Brother did lose thereby were worth 500 l. and that he verily believes that the Goods which Sir Henry Spotswood lost thereby were worth 1000 l. at least He saith further That on Friday aforesaid while the said Art-Oge's Son was in this Examinat's Father's House he heard him the said Art-Oge's Son and one Patrick Mac-Cadron of Drombee who was one of them who were then in the Company say That it was but the Beginning but before they had done they would not leave one alive Rich nor Poor who went to Church and saith also That the said Art-Oge's Son and Patrick Mac-Cadron said there That by the next Night Dublin would be too hot for any of the English Dogs to live in James Ware The Proclamation which was set out and dispersed to as many Places as it was possible to give Notice of the Discovery of the Conspiracy was in haec verba The Proclamation of the Lords Justices and Council of Ireland to stop the Rebellion Oct. 23. 1641. By the Lords Justices and Council William Parsons John Borlase THese are to make Known and Publish to all his Majesties good Subjects in this Kingdom of Ireland That there is a Discovery made by Vs the Lords Iustices and Council of a most Disloyal and detestable Conspiracy intended by some Evil Affected Irish Papists against the Lives of Vs the Lords Iustices and Council and many other of his Majesties faithful Subjects Vniversally throughout this Kingdom and for the Seizing not only of his Majesties Castle of Dublin his Majesties principal Fort here but also of all the other Fortifications in the Kingdom and seéing by the great Goodness and abundant Mercy of Almighty God to his Majesty and this State and Kingdom those wicked Conspiracies are brought to Light and some of the Conspirators committed to the Castle of Dublin by Vs by His Majesties Authority so as those wicked and damnable Plots are now disappointed in the Chief Parts thereof We therefore have thought fit hereby not only to make it publickly known for the Comfort of His Majesties Good and Loyal Subjects in all Parts of the Kingdom but also hereby to require them That they do with all Confidence and Chearfulness betake themselves to their own Defence and stand upon their Guard so to render the more Safety to themselves and all the Kingdom besides and that they Advertize Vs with all possible Speéd of all Occurrents which may concern the Peace and Safety of the Kingdom and now to shew fully that Loyalty and Faith which they had always shown for the Publick Services of the Crown and Kingdom which We will value to His Majesty accordingly and a special Memory thereof will be retained for their Advantage in due time and We require That great Care be taken that no Levies of Men be made for Forreign Service nor any Men suffer'd to March upon any Pretence Given at his Majesties Castle at Dublin 23th of October 1641. Robert Dillon Adam Loftus Tho. Rotheram James Ware Robert Digby John Temple Fra. Willoughby Robert Meredith Two private Letters were read sent to the Lord Lieutenant the one from Sir John Borlase one of the Lords Justices of Ireland the other from Sir John Temple declaring the State and Danger which that Kingdom is in if there be not present Supply both of Arms Men and Money from England Likewise the Lord Keeper acquainted the House The Irish Letters Ordered to be opened That the Lords of the Council being informed of the Pacquets of Letters that came this Week from Ireland have sent out their Orders and stayed them and committed them into the Hands of the Gentleman Vsher until their Lordships further Directions be known herein Whereupon the Lord Privy Seal Lord Admiral Lord Chamberlain Earl of Bath Earl of Southampton Earl of Leicester and Earl of Warwick were appointed to be a Committee to open and read such Letters as conduce any thing to the discovery of the Affairs of Ireland and to report the same to this House and to return those which concern Merchants Affairs to the-Post Master to be delivered to the Owners their Lordships or any Seven or more of them to meet when they please and have Power by virtue hereof to divide themselves into several by any four or more as they shall see Occasion In the Commons House after the reading of the above related Papers concerning this Horrid Conspiracy in Ireland the House was resolved into a Committee of the whole House to consider what was to be done upon this Emergency and several Votes were passed for several Heads of a Conference which was Ordered to be desired with the Lords upon this Occasion which the Reader to avoid Repetition will find in the Report of that Conference together with the several Answers of the Lords unto them Among other Votes for a Recompence and Incouragement to Owen ô Connelly the first Discoverer of this Detestable Treason it was Resolved upon the Question A Reward voted to Connelley for discovering the Irish Rebellion That Owen Connelly who discovered this Great Treason in Ireland shall have 500 l. presently paid him and 200 l. per
found guilty of them be punished Yet we may not omit although no motive whatsoever could justifie their Vndertakings to represent That before they fell from their Obedience to the Government Sir William Parsons one of the Lords Justices that supplied the Deputy's place at a publique Entertainment before many Witnesses did positively declare That within a Twelvemonth no Catholick should be seen in Ireland Many hands were sought and Thousands were found to subscribe a Petition tending to the introducing a severe Persecution against Catholiques who were the far greater number of the Inhabitants of Ireland and the menace of an Invasion of a Scottish Army of which men did at that time frequently discourse bred frightful apprehensions So as these and other Grounds of suspition being improved by such among them whose particular Interests could be most favoured and better advanced in Vnquiet Times laid the Foundation of that Rebellion But even those Men and at that time when the Lords Justices did not appear to be prepared for Resistance by their Remonstrance humbly begg'd their Grievances might be redressed by the Advice of the Two Houses of Parliament then met at Dublin But the Lords Justices who by their Words and Actions not only Expressed their unwillingness to stop the farther growth of these Distempers but meant to increase them and were often heard to wish That the Number were greater of such as became Criminal by Proroguing the Parliament made them Desperate However the Nation by their Representatives in the two days which were only allowed them to Sit husbanded their time so as to leave to Posterity a Monument of their aversion to such attempts by declaring That those men had Trayterously and Rebelliously taken Arms and offering to employ their Lives and Fortunes in reducing them to their Obedience if they might be permitted then to Sit. But this was denyed them and by a strange change from the Ancient Form of Government a Parliament then Sitting was Prorogued whereas our Ancestors upon a far less occasion then quieting of so high distempers were usually called upon to Assist the King with their Advice To this may be added That the Earl of Ormond proposed at the Council-Board the raising of 5000 Men in the space of Three Weeks if he might be authorised so to do with which Strength he undertook to dissipate those then weak beginnings of the Ensuing Mischiefs and to prevent their farther growth but was refused it so as thus far we may observe who they were that widened the Wound instead of stanching the Blood This Foundation being thus laid that which at first was but a spark and might be easily quenched began to Flame And freedom of Rapine having suddenly drawn Numbers together the unrepress't Conspirators became a Formidable Army and besieged Tredah passing the River of Boyne which was the Rubicon of the Pale and had in all former Rebellions been maintained with their blood by those antient English Colonies planted there Now it was that the Times began to favour the Design of the Lords Justices and their Party in the Council which was as forward as they to foment the Distractions for the Ulster Army lying in the Bowels of the Country the Forces being not yet come out of England and the Natives themselves both unarm'd and distrusted by the State they were forced at first by their Regular Contribution to prevent the desolation which would have followed their refusal to supply them Hereupon such Contributors began to be looked upon and Character'd as Men fallen from the Government And a Party that was sent from Dublin having killed at Santry but three Miles distant from thence some innocent Husband-men among whom there was two Protestants and carried their heads as in Triumph to the City the neighbour Inhabitants alarm'd thereat had recourse to such Weapons as first came to hand and gathered in a Body whereupon the Lords Justices set forth a Proclamation in Nature of a safe Conduct by which these so in Arms and Mr. King of Clantarffe by special name had five days respite to come in and present their Grievances But before three Nights of the time prefixed were Expired Mr. King 's House was Pillaged and Burnt by direction of the Lords Justices Not long after supplies being arrived out of England and the Siege of Tredagh Raised and consequently the force removed which necessitated the Inhabitants to comply with the Ulster Army the Nobility and Gentry of the Pale prevailed with Sir John Read His Majesties Sworn Servant a stranger to the Country un-engaged and an Eye-witness of their proceedings then upon his Journey to England to take the pains to present their Remonstrance to His Majesty and to beg Pardon for what they were thus compelled to Act. But he poor Gentleman coming to Dublin was apprehended and not concealing the Message intrusted with him was put to the Rack the most part of the Questions which were then asked him in Torment being no other then such as might lead him to accuse the King and Queen to be Authors and Fomenters of that Rebellion Moreover the Two Houses of Parliament in England for the better inducing the Rebels to repent of their wicked attempts commended to the Lords Justices according to the Power granted them in that behalf to bestow His Majesties Gracious Pardon to all such as within a Convenient time c. should return to their Obedience The Lords Justices notwithstanding such Order and His Majesties Gracious Pleasure signified to that effect by their Proclamation dated in November 1641 limited such His Majesty's and the Parliament's of England their favourable and general intentions to the Inhabitants of a few Counties provided always they were not Free-holders and afforded them no longer time then Ten days after the Proclamation to receive benefit thereby But notwithstanding these Restrictions the Lord of Dunsany Sir John Netervill Patrick Barnewal of Kilbrue and many others who had notice of His Majesties Gracious Inclination towards the Nation and the Parliament of England 's Order in favour of them submitted to the Lord Marquess of Ormond then Lieutenant General of His Majesties Army who recommended them to the Lords Justices intimating that the good Vsage to be Extended to them would have an Influence on many others and be a great Motive to quiet the Distempers which then began to spread But the Lords Justices whose Design was not to be carried on by Mercy and Indulgence to prevent Submissions Imprisoned and Indicted by a Jury which did not consist of Freeholders those so Submitting and put the said Mr. Barnewal of the Age of 66 years to the Torture of the Rack This notwithstanding the Noblemen and Gentry inhabiting the Country next to Dublin applied themselves humbly by their Letter to the Lords Justices which when the Earl of Castlehaven a Nobleman of English Birth who freely before that time had access to Dublin came to present he was made a Prisoner Wherefore when the Nation observed That their advice in
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
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
do as the Moors did return with the Sword in their Hand to carve out their own Revenge and therefore pressed to have them universally cut off the Debate lasted long but at the last some were for a middle way neither to Banish nor Kill and the Event justified all these Intentions for in some Places all were put to the Sword or other more barbarous Executions in others some were imprisoned but with the extremity and hardest Circumstances of that miserable Condition and in other Places they were dismissed with their Lives Stript and Dispoil'd of all and exposed to the deplorable Companions of Cold and Hunger which proved often to be their lingring Executioners This put the English every where into so great a Terror Amazement and Consternation that it deprived them of those Succors of Reason which might have been of Advantage towards their Preservation for generally where they did any thing for their own Defence they did it singly without Uniting and Arming themselves for the common safety and even where they did as in some Places stand upon their Guard yet were they so apt to give Credit to the Promises and Oaths of the Irish to give them Quarter and safe Conduct into such Places as they should please that many were Circumvented by this Stratagem who were afterwards basely Murthered or at best Imprisoned Stript and Exposed Naked to all the Extremities which attend helpless Nature insomuch that great Numbers of those especially the Women and Children who escaped to Dublin and other Places in the North did not long out-live the hardships of their Passage but either Oppressed with Grief and the Terrors they had suffered by the Tragical Losses of their Husbands Children Friends and Dearest Relations or wearied with their Travail and Hunger contracted such Diseases as shortly after put a Period to their miserable Lives But amongst all these Unchristian and even Inhumane Cruelties which were committed generally by the Northern or as they are usually called to distinguish them from the Irish of the English Extraction meer Irish Truth and Justice exacts it from me to Record the Mercy and Compassion of some as well as the Cruelty and Barbarism of others It is very possible I may for this fall under the Displeasure of some Persons who though their own Hands still retain the Purple Dye of the Blood of their fellow Subjects Murdered by them in the English Rebellion yet think every thing an Excuse of their Brethren in Iniquity the Irish Rebels which does not involve the whole Nation in a Common Guilt But I cannot but disvalue all Censures which may pass upon me whilest like a Christian I indeavor to immitate his Example who always discriminates between the Innocent and Culpable and who renders to every Man according to his Works and next to the horrid Crime of Murdering Mens Persons certainly the Assasinating of an Innocent Reputation must with good and rational Men be a most odious Sin and I cannot but condemn it as partiality much unbecoming a Just Writer that I have not observed that the Bishop of Meath or Sir John Temple or Dr. Borlase take notice of any or at least very few English saved or protected by any of the Irish but in all probability contrary to their own Knowledg they seem to involve all the Nobility and Gentry of Ireland in the common Guilt of the Plunderings Robberies Murders and Massacres which were committed as if the whole Nation had together with their Loyalty put off all manner of Compassion and common Humanity and what I condemn in them as a Fault against Truth and Justice I cannot think will pass with Posterity who will judge with less partial and more disinterested Thoughts for a Virtue in me Several English Protestants preserved by the Irish Nobility and Gentry And it is most certain that several English Protestants were preserved by the Irish Nobility and Gentry and particularly one of the Relyes preserved many and conveyed them safe to Dublin amongst which the Bishop of Elphin then Minister of Belsurbert as also the late Bishop of Meath Nephew to Primate Vsher then Mr Henry Jones and divers others One Bourk preserved many in Connaght Fed and Clothed such as were Strip'd and by the Marquiss of Clanricard's Directions and Assistance they were safe conveyed to Gallaway Sir Edward Fisher Sir Richard Everard and others preserved several in Munster Dr. Pullen was preserved at Cashel as Sir James Ware in his Book de Presulibus Hiberniae takes notice and several others by Joseph Everard and Redmond English two Franciscan Friers as was proved at their Trials at Clonmel in Cromwel's time upon which they were not only acquitted but had Liberty to stay in the Country and the Persons so preserved were convoyed from Cashel to Cork several of the Convoy being wounded in the Way by some Irish who met them in the Mountains James Lord of Dunboyn sent Mr. Hamilton with his Family safe to Carrick to the now Lady Dutchess of Ormond who soon after took them with her to Dublin But the fairest Character in this particular that I have seen is that of the Lord and Lady Muskery being a whole Jury of Depositions taken before the Irish Commissioners for the Revenue in 1654 which follows The Deposition of Robert Farnam of Bandon in the County of Cork an English Protestant aged about 63 years taken upon Oath as followeth HE Deposeth That in the beginning of the late Rebellion Depositions in behalf of the Lord and Lady Muskery for preserving of the English coming in another Company consisting of 150 Souls as by James Burrel 's List appeared to Mocromp in the said County in a most miserable condition the Lord of Muskery came in person to meet them near Mocromp aforesaid and most compassionately looking upon them said Alas poor Christians I am extreme sorry you have been so dealt with and in this Deponants hearing gave charge to his Steward to see all that Company drawn by the Pole and to each a like allowance to be given which immediately was done and this Deponant faith That he saw 4 Barrels of Oatmeal with Beef and Pork proportionable brought to them and the best accommodation the place could afford provided And this Deponant further saith That he is fully satisfied all that Company for the most part had perished that night not only for want of Provision but also by reason of the extream foulness of the day with Rain and Snow the Company being stripped had not they met with such a bountiful Reliever whose care of their preservation continued until he safely conveyed them to such Garrisons as they pleased And this Deponant saith That the Lady of Muskery was very solicitous of them and the said Lord and Lady were very careful that no injury or violence should be offered to this Deporant or his Company in their throughfare to the said Garrisons all which being nothing but truth this Deponant upon Oath doth affirm and in
Nature to reveal concerning some Lords and Members of the House of Commons Upon this the House sent forth some Members to speak with the Man who acquainting the House with some Discourse they had with him the Commons sent for him in who beginning to relate the Business the House of Commons would not suffer him to name any Person lest the Parties hearing of it should Fly And because it concerned some Peers of this House the House of Commons have sent the Man who is now at the Door ready to be Examined openly or in what manner else their Lordships in their Wisdom shall think fit Then Thomas Beal a Taylor dwelling in White-Cross Street was called in and made a Relation of the whole Matter with all the Circumstances which was as follows THat this day at Twelve of the Clock Beal's Narrative before the Lords he went into the Fields near unto the Post-House and walking on a private Bank he heard some talking but did not see them at first but finding them by the Voice he coming within hearing of them understood they talked of State Affairs and going nearer them he heard one of them say that it was a wicked thing that the last Plot did not take but if this goes on as is in Hand and intended they shall be all made And also heard them say That there was 108 Men appointed to kill 108 Persons of the Parliament every One his Man some were Lords and the others were to be Members of the House of Commons all Puritans and the Sacrament was to be Administred to the 108 Men for performing of this and those that killed the Lords were to have 10 l. and those that were to kill the Members of the House of Commons 40 s. That Gorges being the 37th Man Very notable Rewards had taken the Sacrament on Saturday to kill one of the House of Commons and had received 40 s. That one Phillips coming to London on Sunday Night late was charged to be at my Lord's Chamber where was only my Lord Father Jones and Father Andrews he also had his Charge and five more with him he being the 108 man and the last as he thought That Phillips had been in Warwick-shire and in Buckingham-shire with Letters and that he delivered Letters to Mr. Sheldon who gave him his Dinner and a Piece for his Pains charging him to make haste to London again and giving him Letters to deliver to my Lord. That Dick Jones was appointed to kill that Rascally Puritan Pym and that 4 Tradesmen were to kill the Puritan Citizens which were Parliament men That on the same day being the 18th of this Month when the City shall be in a Tumult there shall be Risings in Six several Parts of this Land by the Papists viz. in Warwick-shire Worcester-shire Buckingham-shire Lancashire and Two other Places which he remembers not That those that were to kill the Lords were brave Gallants in their Scarlet Coats and had received every man 10 l. a piece and when that was gone they might come and fetch more That this was to be done either coming down Stairs or taking their Coaches or entring into their Lodgings or any other way as they should see opportunity That although all were not killed yet the Tumult would be so great that it would prevent sending to Ireland and that was Father Andrews his Wit to prevent sending thither because if they prevailed there they should not have Cause to fear here This Relation being made Beal was commanded to withdraw and the House took into serious Consideration what Course was fit to be speedily taken in this Business And the House being informed That there is one Father Brown a Priest in the Gate-House who is a likely Man to give Information and Descriptions of Jones and Andrews mentioned by Beal the Lord Chief Justice of the Common-Pleas and Mr. Justice Reeves were appointed to go presently to the Gate-House to take his Examinations It was also Ordered That the Justices of the Peace Order to Apprehend Priests and Jesuits of the City and Liberties of Westminster the Justices of Peace for the County of Middlesex and the Lord Mayor and Sheriffs of London do presently make speedy and privy Search this Night for Father Jones and Father Andrews Priests and for all other Seminary Priests and Jesuits and to cause them to be forthwith Taken and Apprehended and put into safe Custody until the further Pleasure of this House be known and that their Names be returned to this House and that any Man that shall discover any Popish Priest or Jesuit and procure them to be Apprehended shall be rewarded by the Parliament It was further Ordered That the Gentleman Vsher attending this House or his Deputy shall repair unto Edward Sheldon Esquire the Elder Order to seize the two Mr. Sheldons upon Beal's Discovery and Edward Sheldon the Younger his Son and bring them unto the Lords in Parliament with a safe and Strong Guard upon them if there shall be Cause and that the Sheriff of the County wherein the said Mr. Sheldons now Reside shall Aid and Assist the said Gentleman Vsher or his Deputies for the safe bringing up of the said Mr. Sheldons to the House if the said Gentleman Vsher or his Deputies shall desire it And that the said Gentleman Vsher or his Deputies shall call in two of the next Justices of the Peace and Seal up their Study Doors and make search for Priests and Jesuits and bring them up that they may be Proceeded against as this House shall direct Ordered That Mr. William Sheldon now in Town be forth-coming at such time as this House shall send for him and in the mean time his Study to be sealed until further Order Ordered That all Lords Recusants being Members of this House and Peers of Parliament being now in Town shall come to this House on Tuesday the 16th of this Instant November by Nine of the Clock in the Morning Ordered That strict and near Search shall be made with all possible Speed in all Parts in and about the City of London and the Liberties thereof for one called or known by the Name of Richard Jones who being Apprehended shall be forthwith brought before the House And it was also Ordered That the Deputy Lieutenants of the Counties of Worcester Lancashire Warwick-shire and Buckingham-shire have a Charge to secure the said Counties The Lord Chief Justice of the Common-Pleas Reported Thnt he hath Examined Father Brown whether he knows any such Men as Father Jones and Father Andrews and his Answer is he knows no such In the Commons House a Committee was appointed to prepare a Draught of an Ordinance of Parliament for the putting the Trained-Bands into a readiness and posture of Defence upon all Occasions and likewise for securing the Persons of the Prime Papists and the Knights Citizens and Burgesses to bring in Lists of the Prime Papists in their several Counties Tuesday Novemb 16. Mr.
Trevor of Council for the Bishops Order for Security of the Merchants at Venice and to present a List of their Names to the House It was this Day Ordered That Mr. Arthur Trever shall be Assigned to be of Council with the Lords the Bishops that are Impeached It was moved That least the Merchants at Venice may suffer for the opening of the Venetian Ambassador's Letters here that a Committee might be appointed to consider of some Dispatch to be sent to the King's Agent at Venice to let him know what Satisfaction hath been given by the House of Lords to the Ambassador here that so he may be the better enabled and Instructed how to apply himself to the State there to give them Satisfaction And the same Lords that went to the Ambassador were appointed to do it Then the Lord Privy Seal reported the last Conference That the Commons had given in a List of the Prime Papists Nobility Knights and Gentlemen in the Counties of Warwick Southampton Dorset Worcester Bucks Lancaster Pembroke and Stafford which they desired might be secured for the Safety of the Kingdom in this time of Danger Then was read an Ordinance which the Commons desired the Lords to joyn with them in which was as followeth THe Lords and Commons Assembled in Parliament having received Informations of dangerous Designs and Practises An Ordinance Issue out upon Beal's Information by Priests and Jesuits and Ill-Affected Persons to disturb the Peace of this State and the Proceedings of Parliament and to attempt upon the Persons of many of the Members of both Houses And well knowing That there is no way to prevent the Mischief which the Malice of such Men may suddainly bring upon the Realm to the utter Subversion of our Religion Laws and Liberties but by putting the Kingdom into a Posture of Defence and so to be ready upon all Occasions to oppose Force to Force They the Lords and Commons have thought fit to Appoint and Ordain and do hereby Appoint and Ordain the Earl of Essex to have the Trained Bainds of the several Counties in readiness and do hereby give him Power to command them whensoever there shall be need to March and Gather themselves into a Body and to oppose and set upon all those who shall attempt or do any thing which may be prejudicial to the Publick Peace or Dangerous to the Parliament in General or to any of the Members of Parliament in particular and they the said Lord and Commons do likewise hereby and injoyn all the Trained-Bands of the several Counties and every particular Person who is Officer or Soldier of the Trained-Bands to be obedient to the Commands of the said Earl as they will Answer the contrary at their Perils A Message was brought from the House of Commons by Sir William Armyn Baronet A further Account at a Conference of Beal's Plot. to desire a free Conference by a Committee of both Houses touching the safety of the Kingdom At which the Commons acquainted their Lordships That they have discovered some things further concerning the Plot which was related by Beal for upon Examination they are informed That there are two such Priests as Father Jones and Father Andrews Jones they understand is here in Town at the Earl of Worcester 's House and Andrews is described to be near 50 Years of Age and uses to come much to Sir Basil Brook 's House And they let their Lordships know That the House of Commons have caused a Guard to be set about the Earl of Worcester 's House and have Ordered That his House shall be searched but because he is a Peer of this House they have first acquainted their Lordships therewith This Information was given to the Commons by one Mr. Wadsworth The House of Commons further thinks fit that a Declaration be made That whosoever of the 108 Men designed to do this mischief shall come in and discover the same both Houses will be humble Suitors to the King that they may be Pardoned and they shall be well Rewarded They also desired That the Lords would be pleased to joyn with them in the Ordinance concerning the Earl of Essex and the like Ordinance they desire may be for the Earl of Holland that he may Command the Trained Bands on the North side the Trent and that they may Nominate particular Men of Trust in every County to take care of the Militia that the People may know whom to resort unto That the Isle of Wight may be secured by sequestring it into another hand for the present That the Forts and Castles of this Kingdom may be secured Lastly That search may be made in the City and the Liberties for all Priests and Jesuits and for all suspected Persons and that their Names and Conditions may be delivered in to the Parliament Hereupon it was Ordered That James Maxwel Esq Gentleman Vsher to the Lords should joyn with any such as the House of Commons shall appoint and imploy for the Searching of the Earl of Worcester 's house and any other Recusants houses being the King's Subjects for the apprehending and taking of any Romish Priests and Jesuits whatsoever It was also moved from the Committee of the House of Commons That Monsieur St. German and Peter de Chair may be Sworn and afterwards Examined by the deputed Lords And it was Declared That any Peer of this House may be present at the said Examination if he please To swell the Tide of Fears and Dangers Information of dangers in Lancashire the Lord Wharton informed the House That he had received a Letter from the Lord Strange Lord Lieutenant of Lancashire which had some particulars in it fit for this House to know The Letter was read wherein it was said That his Lordship was upon his Guard that some in that County were stronger than he and that if ever need was to look to Lancashire in our time it was now Upon which the Lord Wharton was commanded to give thanks from the House to the Lord Strange for his timely Information of the danger of that County Thomas Wall Wall committed to the Fleet for disobeying the Order of the House one of the Door-keepers of the House being called in to give an account of the delivery of the Order to the Justices of Middlesex and London for the searching for Priests and Jesuits last night confessed That he did not deliver them the last night but early this morning for which neglect of his in a matter of that Consequence he was committed to the Fleet until the pleasure of the House be further known and never to attend upon the House any longer The Lord Strange's Letter being sent to the Commons Conference about the L. Strange's Letter they deâ—â—red a Conference which the Lord Keeper Reported to this Effect That they give their Lordships thanks for Communicating to them the Lord Strange 's Letter by which and other Relations from Members of their House they hold that there
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
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
They find ill Consequences already by his being Lieutenant for Merchants have already withdrawn their Bullion out of the Mint and Strangers which have Ships lately come with great store of Bullion do forbear to bring it into the Mint because he is Lieutenant of the Tower and by this Means Money will be scarce to come by which will be prejudicial and obstructive to the pressing Affairs of Ireland The House of Commons took it much to Heart that their Lordships did not joyn with them to Petition his Majesty Hereupon they have made a Declaration for themselves and desired That the same may be entred into the Journal Book of this House as they have done the like in their House Which was read in these Words WE the Knights The Declaration of the Commons concerning the Tower Citizens and Burgesses of the Commons House of Parliament being very sensible of the great and emminent Danger of the Kingdom through the Designs of the Papists and other Persons disaffected to the Publick Peace and finding by frequent and emminet Symptomes that the same groweth very near to maturity amongst which We reckon this not to be the least that the Tower being a Place of such Importance to the safety of the City and of the whole Kingdom should be put into the Hands of a Man so unworthy and of so dangerous a Disposition as by divers Testimonies Colonel Lunsford is affirmed to be which caused Us yesterday upon the Petition of the Citizens of London to desire your Lordships to joyn with us in an humble Suit to his Majesty that a Place of that great Consequence might not be disposed in such a manner as to hazzard the Safety Peace and Content of the City and of the whole Kingdom and perceiving that your Lordships have refused to joyn with us in so important and necessary Request do hereby declare before God and the whole Kingdom that from the beginning of this Parliament we have done our uttermost to preserve the State from Ruine and having through God's Blessing prevailed so far that the Design of the Irish Army of Papists the other Designs of bringing up the English Army several times attempted a former Plot of Possessing the Tower without which Treason could not be so mischievous to the State were all prevented although strongly bent to the Destruction of Religion the Parliament and the Common-Wealth do now find themselves incountred with as great Difficulty as ever the Papists Rebellion in Ireland giving such Encouragement to the Malignant Party here that they likewise receiving such advantage by the Delays and Interruptions which we have received in the House of Peers as we conceive by the great number of Bishops and Papists notoriously disaffected to the Common Good And do therefore hold our Selves bound in Conscience to declare and protest that we are Innocent of the Blood which is like to be spilt and of the Confusions which may overwhelm this State if this Person be continued in his Charge and do intend to resort to his Majesty in an humble Petition that he will be pleased to afford us his Royal Protection that the Kingdom and our Selves may be preserved from this wicked and dangerous Design and that he will grant Commissions and Instructions as may inable us to defend his Royal Person and his Loyal Subjects from the Cruelty and Rage of the Papists who have long Plotted and Endeavoured to bring in a bloody Change of Religion to the apparent Ruine of the whole Kingdom and if any of your Lordships have the same Apprehensions that we have we hope they will likewise take some Course to make the same known to his Majesty and will further do what appertains to Persons of Honor and Fidelity for the common Good After the reading of this Paper it was moved to adjourn the debate of this Matter till Monday by some that it might be debated presently Hereupon the Question was put Whether the Debate upon this Report shall be put off until Monday next or not and it was resolved to be put off until Monday next Which being done these Lords following did disassent to this Vote and before the putting of the Question did claim their Right to enter their Protestation against it which was as followeth The Protestation In respect the Conference brought up The Protestation of divers Lords against the Vote to put off the debate of the Message concerning the Tower and reported from the House of Commons doth as it thereby declared concern the instant Good and Safety of the King and Kingdoms I do protest against the deferring of the Debate thereof until Monday to the end to discharge my self of any ill Consequence that may happen Lo. Admiral Similiter Lo. Chamberlain E. Pembroke E. Bedford E. Warwick E. Bolingbroke E. Newport Viscount Say and Seal E. Suffolk E. Carlisle E. Holland E. Clare E. Stamford Lo. Wharton Lo. St. Johns Lo. Spencer Lo. North Lo. Kymbolton Lo. Brook Lo. Grey de Werke Lo. Roberts Lo. Howard de Escrick After which upon reading of the Petition of the Lord Bishop of London William Lord Bishop of Bath and Wells and Matthew Lord Bishop of Ely The Bishops of London Ely Bath and Wells released concerning Tenths upon the Poll Bill shewing that they had paied 60 l. apiece for the Poll-Money and deposited other Monies according to a Proportion of the double Tenths of their Bishopricks But because their Bishopricks are freed by Letters Patents under the Great Seal of England from paying or accompting for any Tenths It was Ordered by the Lords in Parliament That Mr. Parramour with whom the said Monies were deposited shall forthwith upon sight thereof if he hath so much in his Hands of the Poll-Money and if not then as soon as so much Money shall come in unto him repay unto the said Lords the Bishops their Assigns or Agents all such Sums of Money as he hath received from their Lordships respectively above the 60 l. apiece as is aforesaid In the House of Commons the same Petition from the Merchants c. was read which was preferred to the Lords also upon the Lords refusing to joyn with them to Petition the King for Lunsford's removal they presently came to this Vote Resolved Vote against Colonel Lunsford c. That this House holds Colonel Lunsford unfit to be or continue Lieutenant of the Tower of London as a Person in whom the Commons of England cannot confide in Then Mr. Hollis Mr. Pym Mr. Strode Sir Edmond Montfort Mr. Glyn Sir Philip Stapleton Mr. Martin and Sir John Hotham were Ordered to draw Heads for the Conference before recited This Day it was moved that Sir John Berkley might be bailed Sir John Berkley bailed and thereupon Resolved c. That this House doth approve and allow of the Earls of Dorset and Stamford to be Bail for Sir John Berkley a Prisoner in the Tower the principal to be bound in the Sum of 10000 l. the Security in the
the Lords Committees to joyn with them to consider of a Way for Securing of both Houses by Guards as aforesaid that they may come and return and remain in safety Hereupon the Lords Committees have Voted That it is fit and necessary that there should be strong and sufficient Guards from the City of London and adjacent Parts for the securing of both Houses that they may sit in safety Secondly Their Lordships have Voted That it is a legal way for the Houses to require the Sheriffs of Middlesex and London to attend for that purpose with the Posse Comitatus and that they will Report these Votes to the House of Commons accordingly And the Lords Committees meeting with the Committee of the House of Commons the 10th of this instant January were of Opinion That Guards are necessary to be placed before the Committee for Irish Affairs do sit at Westminster and for the manner of ordering of the Guards they referred it to the Common-Council of the City of London And their Lordships will Report to the House of Lords That the placing of those Guards for the safety of the Irish Committee is in their Opinion an acceptable service to the Common-wealth Which Report being made it was confirmed by the House and the several Votes approved and Ordered accordingly Then the Lord Steward Reported the Kings Answer touching the desire of both Houses concerning Guards which Answer was read in these words WE having considered the Petition of both Houses of Parliament concerning a Guard do give this Answer That We will to secure their Fears Command the Lord Mayor of London The Kings answer concerning Guards to appoint 200. Men out of the Train'd Bands of the City such as he will be answerable for to Vs to wait on the House of Parliament that is to say one hundred on Each House and to be Commanded by the Earl of Lindsey it being most proper to him as being Lord Great Chamberlain who by his Place hath a particular Charge of the Houses of Parliament and of whose Integrity Courage and Sufficiency none can doubt But the Faction of the Commons were resolved to have no Guard of the Kings but one of their own appointment Order for a Guard of the Train'd Bands to be Commanded by Major Skippon for upon a Vote of the Commons to this purpose it was Ordered That the Sheriffs of London and Middlesex be hereby required to send two Companies of the Train'd Bands of the City of London and County of Middlesex under the Conduct of Serjeant Major Skippon to attend both Houses of Parliament every day for security of the Parliament until both Houses do give order to the Contrary Directed to the Sheriff of the City of London and Middlesex A Message was brought up by Sir Philip Stapelton who brought up a Bill which had passed the House of Commons Intituled An Act declaring That the Lords and Commons may Adjourn themselves respectively to any Place 2. To let their Lordships know that the House of Commons are informed that there is at Hull a Magazin of Arms of the Kings for 16000. Men and proportionable Ammunition But in regard no great strength is in the Town and that the Countrey about is full of Papists ill affected The House of Commons desires their Lordships to joyn with them that some Companies of the Train'd Bands next adjoyning to Hull be forthwith put into that Town for the Safeguard of that Town and the Magazin there and the said Train'd Bands to be under the Command of Sir John Hotham Knight who hath the Command of that Town already by Patent from the King Whereupon it was Ordered Order for Sir John Hotham to keep the Town of Hull That some of the Train'd Bands of Yorkshire nearest to Hull in the said County under the Command of Sir John Hotham Knight shall with all speed be put into the Town of Hull for the securing of the Kings Magazin there and the said Town and hereof the said Sir John Hotham is by Virtue of this Order Commanded to perform accordingly And the said Sir John Hotham is to Command the Town and Forces therein and all Parties whom it concerns shall give their Obedience unto the said Sir John Hotham and his Ministers And lastly That Sir John Hotham or whoever he shall appoint under him shall not deliver up the Town of Hull or Magazin there or any part thereof without the Kings Authority Signified unto him by the Lords and Commons Assembled in Parliament Directed to Sir John Hotham the Elder The Vizor now began to drop off apace for the plain English of this and the former Order for a Guard was that the King was only to have the Name but the two Houses were to have the Substance of the Royal Authority And certainly no men ever moved by more Regular Steps towards Rebellion they had pretty well Exhausted his Majesties Stores for the Service of Ireland and now they were resolved to Secure the Rest The Tower of London hung still mightily in their Light and though the King had Displaced Lunsford yet Sir John Byron the present Lieutenant who was a Person of great Loyalty Courage and Gallantry was by no means agreeable to their Liking or Designs and therefore the next attempt was to get quit of him and a Confiding man a Creature of the Faction placed in that Important Command as we shall presently see Then the Act An Act for the Lords and Commons to adjourn themselves to any place passed the Lords declaring that the Lords and Commons may Adjourn themselves respectively to any Place was read twice and after a short debate a third time and upon the Question it was consented to to pass as a Law From whence it is observable that even this Parliament who had gotten an Act that they should not be Prorogued or Dissolved without their own Consent yet did not think they had Power without the Royall Assent to an Act of Parliament to Adjourn themselves to any other Place from Westminster whither they were by Writ Summoned to Assemble and Sit and which likewise is a Concession that it was so solely in his Majesties Power though not to Dissolve them yet to have Adjourned them to some other Place less Factious and Troublesom then at that time London was A Petition was presented this day to the Lords from the Inhabitants of Bucks as follows To the Right Honourable the House of Peers now Assembled in PARLIAMENT The humble Petition of the Inhabitants of the County of Bucks Bucks Petition to the Lords Jan. 11. 1641. SHEWETH THat whereas we hoped upon the happy Assembling of this present Parliament we should have had a speedy Redress of those Pressures we have for many Years been under but have been hitherto in great Measure Frustrated of your hopes by the strong Counter-working of a Malignant Faction whereby the perfecting of Reformation is hindred the endeavours of the House of Commons in great
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
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
to apprehend the Persons there or in any other place Information was also given of Arms at Fox-Hall which being the Lord Herberts he was willing they should be disposed of as the Parliament thinks fit and therefore Sir John Evelyn was appointed to go with a Message to desire the Lords to joyn with the Commons for the removing them from thence to the City of London to be there securely kept in regard of the Danger of these times and the weakness of that Place the Situation of it so near the Houses of Parliament and the conveniency of Water and the Forces that are now Assembled at Kingston Thus did they amass a multitude of Informations searched all corners for Arms and Ammunition to countenance the Noise of a Plot against the Parliament but truly with very little success most of these hopeful Plot Eggs proving Addle and Dwindling into nothing more then serving the present turn of keeping up the People in a belief of this Horrible Plot against the Parliament The House of Lords being informed that one James Hanham a Recusant of Holle-Well in Sommerset-shire Thursday Jan. 13. had Arms for 40. Foot and 20. Horse and three Pieces of Brass Ordnance which causeth great terror to his Majesties good Subjects It was Ordered that the Sheriff of that County and the two next Justices of the Peace should Seize and take into their Custody the Arms and Ordnance that they shall find in the House of the said Hanham and keep them for his Majesties Use and Service A Message was then brought from the House of Commons by the Lord Grey of Grooby to let their Lordships know That they find abroad under the hand of the Clerk of this House Articles of High Treason and of other Misdemeanors against the Lord Kymbolton and five of the Members of the House of Commons and they desire to know how those Articles came into this House To which the Answer was That these Articles were brought into this House by Mr. Attorney General The Lord Keeper next Reported to the House That he had waited on the King and according to their Lordships command he had moved his Majesty from both Houses that he would be pleased to give his Royal Assent to the three Bills lately passed both Houses and likewise hath acquainted his Majesty with the Order made concerning the putting of Sir John Hotham into Hull for the securing of the Town and the Magazines there And his Majesty returns this Answer 1. The Kings answer concerning the three Bills passed Concerning the Bill for pressing of Marriners and concerning the Captives of Algier his Majesty is content to pass his Royal Assent for them for that purpose he hath given Warrant for a Commission But for the Bill of giving Power to the Houses to Adjourn into London his Majesty says in regard neither he nor any of his Council hath seen it he will take some time to consider of it before he resolves any thing therein 2. For the Fears concerning Hull his Majesty hath formerly considered the same and hath already taken Special care for the security of that Place from the adjoyning Papists Likewise his Lordship Reported That his Majesty had commanded him to deliver this answer to both Houses touching the Lord Kymbolton and the five Members of the House of Commons That his Majesty taking notice The Kings Message concerning the Lord Kymbolton and the 5 Members that some conceive it disputable whether the Proceedings against the Lord Kymbolton Mr. Hollis Sir Arthur Haslerig Mr. Pym Mr. Hambden and Mr. Strode be Legal and Agreeable to the Priviledges of Parliament and being very desirous to give Satisfaction to all Men in all matters that may seem to have relation to Priviledges is pleased to wave his former Proceedings and all doubts being by this means settled when the Minds of Men are composed his Majesty will proceed thereupon in an unquestionable Way and assures his Parliament that upon all occasions he will be as careful of their Priviledges as of his Life and his Crown Whereupon it was Ordered That this Answer be Communicated to the House of Commons Upon this occasion I find a Speech of the Earl of Monmouth's made this day in the House of Lords which because it takes notice that the King did not think himself safe at White-Hall I have here inserted and I find this also confirmed in a little Book written by Mr. Howel Howells Inspections into the Carriage and Consults of the long Parliament pag. 97. and Dedicated to the late Usurper where recounting the Transactions of those times he said That the King rather then Expose himself to such bare Indignities as were offered to him during these Popular Riots and there being Dark Whispers of an attempt upon his Person He Retired to Hampton Court and thence to Windsor Castle c. The Earles Speech was as follows My Lords I Shall desire to be heard speak a few Words The Earl of Monmouth's Speech in the Lords House January 13. 1641. which I would much rather have heard spoken by any of your Lordships that so they might have a happier and a more handsome Expression though with a better Heart and clearer Intentious they could not have been spoken The sad Condition we are now in My Lords is such as is too apparent to any man who hath but half an Eye the City of London is full of Jealousies and Apprehensions we sit not here free from Fears the King hath with-drawn himself from hence together with his Queen and Children out of a belief as I conceive that his Majesties Person was not safe here While things continue in this Posture My Lords we may well fear an impairing we can hardly hope for the bettering of Affairs God hath plac'd us My Lords in the Medium betwixt the King and his People Let us play our Parts My Lords Let us do our Duties and discharge our Consciences Let us really prove what we are by Name Noblemen Let us indeavor to work a perfect and a true Vnderstanding between the King and his People Let us freely unbosome our selves to his Majesty and desire that his Majesty will be pleased to do so to us and to this end My Lords which is the end of my Motion if it shall be approved of by your Lordships I do humbly move that by way of Conference or any other way we may desire the House of Commons to joyn with us first in an humble Petition to his Majesty that he would be graciously pleased to return to his good City of London as the safest Place we conceive for his sacred Person in these distemper'd Times and then that they will likewise joyn with us in a Profession or Protestation that we will do what in us lies to free his Majesty from his Fears to take from the Citizens of London and his Majesties other Subjects their Jealousies and Apprehensions and that we will Live and Dye his Majesties faithful Advisors
with the Earl of Strafford trusting too much on the same so High is Pride that at length he presumed to oppose and set himself against the proceedings of the whole House against the said Earl Obstinately refusing to be admonished concerning the same and yet keeping his Friends many of the Lords was by his Majesty as a Baron called to their House and aspiring yet higher obtained his Princes favour not being yet acquainted with his secret Intentions by which means too confident of his safety and security in his Designs adventured openly to comply with the publick Enemies both of King and Country As especially now with this other Person of whom I am to speak this Collonel being by his Majesty advanced to that dignity and trust could not so content himself but imitating the water Toad seeing the Shadow of a Horse seem bigger then it self Swell to compare with the same and so Burst even so this Gentleman having obtained first this Place of Command and afterwards Lieutenant of the Tower and being found of such a Malignant Spirit that he was unfit and uncapable for that great Place of Trust and therefore removed taking the sameâ—â— great dishonour to his worth now endeavours by Traiterous and Desperate Actions to defend himself and be revenged of his pretended Adversaries and to that purpose they have between them joyntly raised Arms against the State met together in peaceable Consultations for the good of Church and Common-wealth Mr. Speaker These attempts made by these Persons are of dangerous consequence and this their Insurrection by taking up of Arms without Warrant both from his Royal Majesty and this High Court of Parliament only to do Mischief in raising Sedition and Contention thereby to preserve themselves from being called to an account for their desperate Actions and Disloyal taking up Arms will prove harder to Appease and Suppress then any Troubles we have yet suffered Mr. Speaker I conceive quick dispatch in our Intentions for the Apprehending and Suppressing these Persons is the only means to prevent future danger And to that purpose I desire to present to your considerations these particulars 1. That Warrants may Issue forth for the speedy and private apprehending of them in what places soever they shall be found and immediately to bring them before the House 2. If this cannot be effected to Issue forth Proclamations for their calling in within a certain time perfixed under penalty of being Prosecuted and Proceeded against as Traytors to their King and Country 3. That Warrants be forthwith sent for the Guarding and Securing of all the Ports of this Kingdom and for the Intercepting of all Paquets or Letters intended to be conveyed into Forraign Kingdoms or any brought from thence hither 4. That Order be sent down into the several Counties of this Kingdom where it is suspected either of these Persons have any Friends or Favorites well-wishers to their Cause with command to the Sheriffs and several Officers of such Counties to stand upon their Guard and to raise Force for their own Defence and Safety and to endeavour by all means Possible to apprehend and suppress them and such of their Conspiracy as shall be taken presently to be sent up to this House to be Examined and Prosecuted according as they shall be found 5. That Order may be made by the Parliament that no Officer that shall be found to have a hand in this Plot may be imployed in any Service of publick Command either for Ireland or any other of his Majesties Dominions or any private Affairs of this Kingdom 6. That we may without further delay proceed to Sentence against all Delinquents by this Honourable House accused for any Crime whatsoever in whose Defence or for whose cause these Persons now accused pretend to take up Arms. 7. That his Majesty may be moved Graciously to be pleased to declare himself against these Persons and all others that do any ways pretend to his Authority or Warrant for what they do 8. And Lastly His Majesty may be moved to avert his intended Journey for Portsmouth for the safety and security of his Royal Person til such time as their dangers be removed and the Peace and Vnity of all his Majesties Loyal Subjects be procured and settled And thus Mr. Speaker having presented such things to this House which I humbly conceive to be necessary to suppress and prevent this new danger threatned by those two Disaffected and Male-contented Persons the Lord Digby and Collonel Lunsford I leave the same to the further consideration of this Honourable House desiring from my heart that it would please God to end all the Troubles and Distempers of this Common-wealth and that this High Court of Parliament may prove the firm Settlement of all things amiss both in Church and State After this Mr. Pierpoint Reports from the Committee appointed yesterday for putting the Kingdom into a Posture of Defence That the Opinion of the Committee was Mr. Pierpoint's Report concerning Posture of Defence and the Commons Vote upon it and so it was by the House Resolved upon the Question That the Knights and Burgesses of the several Counties shall by two of the Clock this afternoon deliver in the Names of such Noble Persons as they think fit to be appointed Lord Lieutenants in the several Counties and that those Gentlemen of this House that have Estates in the Bishoprick of Durham shall nominate such a one as they shall think fit to be Lord Lieutenant in that County Sir Richard Cave then acquainted the House That according to the Command of the House he had returned thanks to the States Embassador for his affections Expressed to the service of this State Who answered That he thinks himself much honoured by the acknowledgements of his service from this House and knows that the desires of this House will be upon all occasions very acceptable to his Masters the States It was also Ordered That Alderman Pennington and Mr. John Goodwin do speak with the Executors of Sir James Cambell and to desire them from this House that in the disposing of the Estate which Sir James Cambell hath given for Charitable Vses they will specially take into consideration the War in Ireland which will be an acceptable service to the Common-wealth Serjeant Wild then Reported the Conference had on Thursday night last with the Lords concerning Mr. The Examination of Mr. Attorney General Reported by Serjeant Wild. Attorney's Exhibiting Articles in the Lords House against Members of this House The Conference consisted of two Parts First the Narrative Part That these Articles Exhibited by Mr. Attorney and entred in the Lords House was a Breach of Priviledge of Parliament and that in due time this House would desire that Justice may be done upon Mr. Attorney The Second Part was to Examine Mr. Attorney upon certain Questions and to receive his Answer First He being asked Whether he Contrived Framed or advised the said Articles or any of them if not then
this House Mr. Cromwell Cromwell an Informer afterwards the infamous Usurper and Mr. Walton two Members of the House informed against a Gentleman of Huntingtonshire for Words of a high and dangerous Consequence whereupon it was Ordered That Mr. Speaker shall grant forth his Warrant to bring the Gentleman in safe Custody that spake the Words and likewise an Order to Summon the Informer their Names being first made known unto him by Mr. Cromwell and Mr. Walton After which by Vote upon the Question the House did adjourn it self till Thursday morning next at 8 of the Clock But leaving the Faction in England for a while driving on towards a Rupture with the King Let us see how the Affairs of their Brethren in Rebellion in Ireland proceeded And first I will present the Reader with a List of the principal Rebels which I found among the Papers in the Clerk of the Commons House of Parliaments Office which was as follows The Names of the Chieftains and Septs of the meer Irish who have taken Arms in Ireland and rebelled against his Majesty and the Crown of England in the Province of Vlster SIr Phelomy O Neil A List of the principal Persons in the Rebellion in Ireland called by the Irish Phelony Roe O Neil Captain General of all the Rebels and Chieftain of the O Neils O Hagaus O Quyus O Mellaus O Hanlous O Corrs Mac Cans Mac Cawells Mac Enallyes O Gormeleyes and the rest of the Irish Sept in the Counties of Tyrone and Ardmagh Tirlagh O Neil Brother of the said Sir Phelomy is his chiefest Councellor and is a very sad Man well seen in the Laws of England which he Studied in Lincoln's-Inn and was of good repute there Both these are extracted from Con More O Neil the Father of Con Bacagh O Neil the first Earl of Tirone whereby Sir Phelomy is reputed by the Irish to be the rightful O Neil with Title and Appellation with the Dignities and Jurisdiction conceived to belong thereunto of Old he hath now assumed Captain Rory Maguire Brother of Conner Lord Maguire Lord Baron of Empkilm and Donoghbane Maguire their Vncle are Chieftains of the Maguires and all other the Irish Septs in the County of Permanagh he is of a Cruel and Bloody Disposition and hath shed much English Blood as is reported Brian Mac Collo Mac Mahon Brian Mantagh Mac Mahon and Neil Mac Kenna of the Trough are Chieftains of the Mac Mahon's Mac Kenna's Mac Ardells O Connellies the O Duffies and all other the Irish Septs in the County of Monoghan the former of those three is a soft elderly Man the two latter are Young and Rude though each of them hath been brought up to Civility and Learning being Wards to the King 〈…〉 Inquire of the Lord Blaney more particularly who are the most Eminent Men of those Rebels of Monoghan Sir Con Magenys Knight and his Brother Daniel Sons of â—ld Sâ—r Arthur Magenys late Lord Viscount Iveagh and Vncles of the now Viscount are Chieftains of the Magenysses Mac Cartans and all the other Irish Septs in the County of Down Philip Mac Hugh Mac Shane O Rely is Chieftain of the O Relyes O Gownes Mac Cabes Mac Echies the Bradies and all the other Irish Septs in the County of Cavan This Philip Mac Hugh Mac Shane O Rely for his Estate and Parts is made Chieftain but Edmond O Rely is the chiefest of the O Relyes and Edmonds Brother Philip Mac Mullmore O Rely is a more active and experienced Man and hath done some Courtesies to the Distressed English for which they say he is made Prisoner by the other Philip but it is more probable there is Emulation between them Mullmore O Rely Son of the said Edmond being Sheriff of the County of Cavan when the Rebellion began and commanded all the Country in the King's Name by vertue of his Office to rise and take Arms and continueth still a Captain of the Rebels Shane Mac Philip Mac Mullmore O Rely Son of the said Philip Mac Mullmore O Rely is a Captain of the Rebels Tirlagh O Neil Grandson of Sir Tirlagh Mac Henry O Neil and the Son of Hugh Boy O Neil whose Name Sir Faithful Fortescue knoweth are Captains of the O Neils of the Fues a Baroni in the County of Ardmagh within six Miles of Dundalk in the County of Louth which Town was never taken by the Rebels in any former Rebellion but now is surprised by the O Neils of the Fues The Lords Justices and Council finding the Storm grow every day Louder and more Threatning dispatched fresh Letters of Advice to England to give an account of their Affairs particularly this following to the Lords of his Majesties Privy Council May it please your most Honourable Lordships SInce our last dispatch to the Lord Lieutenant A Letter from the Lords Justices Council in Ireland to the Lords of the Privy Council in England Nov. 5. 1641. Dated the 25th of October concerning the present Rebellion begun there the Rebells have with great Multitudes proceeded in their out-rages even to great cruelty against the English and Protestants in all places where they came They have Seized the Houses and Estates of almost all the English in the Counties of Monoghan Cavan Fermanagh Armagh Tirone Donegall Letrim Longford and a great part of the County of Downe some of which are Houses of good Strength and dispossessed the English of their Arms and some of the English Gentlemen whose Houses they Seized even without any resistance in regard of the suddenness of their surprise the Rebels most Barbarously not only Murdered but as we are informed hewed some of them to pieces They Surprised the greatest Part of a Horse Troop of his Majesties Army commanded by the Lord Grandison in the County of Armagh and possessed themselves of their Arms. They apprehended the Lord Caulfield and Sir Edward Trevor a Member of this Beard and Sir Charles Pomtes and Mr. Branthwait Agent to the Earl of Essex and a great number of other Gentlemen of good Quality of the English in several Parts whom they still keep Prisoners as also the Lord Blayney's Lady and Children and divers other Ladies and Gentlewomen They have wasted destroyed and spoyled wheresoever they came and now their fury begins to threaten the English Plantations in the Queens County and Kings County and by their Example the Sheriff of the County of Longford a Native and Papist is likewise Risen in Arms and followed by the Irish there where they Rob Spoyl and Destroy the English with great Cruelty In these their Assaults of the English they have Slain many Robbed and Spoyled thousands reduced men of good Estates in Lands who lived Plentifully and well to such a condition as they left them not so much as a Shirt to cover their Nakedness They turned out of their Estates many of considerable Fortunes in Goods and left them in great want and misery and even the Irish Servants and Tenants of
fruition of your future favours The fixion our Confidence in you before any other of the Peers and privy Councellors of the Kingdom doubleth this Obligation Your Lordship may therefore be pleased to acquaint the Lords Justices and Councel to be imparted unto his Sacred Majesty with our Grievances and the causes thereof the reading of which we most humbly pray and the manner of it First the Papists in the neighbouring Counties are severely puniâ—â—ed and their miseries might serve as Beacons unto us to look unto our own when our Neighbours Houses are on fire And we and other Papists are and ever will be as loyal Subjects as any in the King's Dominions For manifestation whereof we send herein inclosed an Oath solemnly taken by us which as it received indelible Impression in our hearts shall be sign'd with our hand and seal'd with our Blood Secondly There is an incapacity in the Papists of Honour and the Immunities of true Subjects the royal Marks of distributive Justice and a disfavour in the Commutative which rais'd Strangers and Forreigners whose valour and vertue was invincible when the old Families of the English and the Major part of us the meer Irish ddi swim in blood to serve the Crown of England and when Offices should call Men of worth Men without Worth and merit obtain them Thirdly The Statute of the 2 Eliz. of force in this Kingdom against us and they of our Religion doth a little disanimate us and the rest Fourthly The avoidance of Grants of our Lands and Liberties by Quirks and Quiddities of the Law without reflecting upon the Kings Royal and real Intention for confirming our Estates his Broad Seal being the pawn betwâ—â—t his Majesty and his people Fifthly The restraint of purchase in the meer Irish of Lands in the Escheated Counties and the taint and blemish of them and their posterities doth more discontent them than that plantation Rule for they are brought to that Exigent of poverty in these late times that they must be sellers and not buyers of Land And we conceive and humbly offer to your Lordships consideration Principiis obsta that in the beginning of this Commotion Your Lordship as it is hereditary for you will be a Physitian to cure this Disease in us and by our Examples it will doubtless beget the like auspicious scucess in all other parts of the Kingdom For we are of opinion it is one sickness and one pharmach will suffice Sublata causa tollitur Effectus And it will be recorded that you will do service unto God King and Countrey And for salving every the aforsaid Soars your Lordship is to be an humble Suitor in our behalf and of the rest of the Papists that out of the abundance of his Majesties Clemency there may be an Act of Oblivion and general pardon without restitution or Account of Goods taken in the time of this Commotion a liberty of our Religion a repeal of all Statutes formerly made to the contrary and not by Proclamation but Parliamentary way A Charter free Denizen in ample manner for meer Irish All which in succeeding Ages will prove an Union in all his Majesties Dominions instead of Division a Comfort in Desolation and a Happiness in perpetnity for an eminent Calamity And this being granted there will be all things Quae sunt Caesaris Caesari and Quae sunt Dei Deo And it was by the Poet written though he be prophane in other matters yet in this prophetically Divisum Imperium cum Jove Caesar habet All which for this present we to leave your Honourable Care And we will as we ever did and do remain Your very humble and assured ever to be Commanded Hugh mac Gillernow Farrall James Farrall Bryan Farrall Readagh Farrall Edmond mac Cael Farrall John Farrall in Carbuy Garret Farrall Lisagh mac Conel Farrall Bryan mac William Farrall James mac Trig Farrall his Mark Morgan mac Carbry Farrall Donnagh mac Carbry Farrall Richard mac Conel Farrall William Mac James Farrall James Farrall Taghna mac Rory Farral Cormack mac Rory Farrall Conock mac Bryne Farrall John mac Edmund Farrall John Farrall Roger mac Bryne Farrall Barnaby Farrall Redeagh mac Lisagh Farrall Connor Oge mac Connor Farrall Edmond mac Connor Farrall Cahel mac Bryne Farrall Before the Parliament broke up the Popish Lords deputed the Lord Dillon to go into England to carry over their Desires to the King and to represent the Means which they thought fittest for the suppressing of the Rebellion and he with the Lord Taaf imbarqued for England but by stress of Weather the Vessel was driven into Scotland and they took their way by Land for London But the Parliament having notice of their coming they were by Order of the Commons seized upon and brought up in safe Custody and all their Papers searched and Examined So unwilling it seems was the Faction that any Address should be made to the King or that any Steps should be made towards the reducing that Kingdom to his Majesties Obedience by any sort of Treaty or Accommodation By this procedure though they gained upon the good Opinion of the People whose favor they most industriously courted and to whom nothing sounded more pleasant then what seemed to express a Hatred and Detestation of the Irish Rebellion and Religion yet certainly was it a means of running the Rebels into such Extremities as dispair of Mercy are wont to produce in those who have transgressed the Bounds of Law and Duty and know their Lives and Estates without it to be forfeited to Justice But for the better understanding of this and some other Particulars the Reader may peruse the following Extracts of some Letters from the Board in Ireland which I found among the old Papers of the Clerk of the Parliaments Office Extract of a Letter of the Lords Justices and Council of Ireland to the Lord Lieutenant dated the 25th of November 1641. THe Rebels in the County of Wexford increasing daily Extract of divers Letters of the Lords Justices Council of Ireland to the Lord Lieutenant received the 6 of December by Mr. Fitz-Girald read Dec. 10. 1641. have taken the Castles of Arickloe Limbrick the Lord Esmond 's House and Fort-Chichester places of good Strength and Importance The Rebels also in the County of Wickloe have laid Siege to his Majesties Castle of Wickloe those in that Castle were in fight with them Yesterday what the issue is we yet hear not and some of those Rebels in the County of Wickloe have dared to come within four Miles of this City and swept away great droves of Cattle And in both Counties as well Wickloe as Wexford all the Castles and Houses of the English with all their substance are come into the hands of the Rebels and the English with their Wives and Children strip'd naked and banished thence by their fury and rage The Rebels in the County of Longford do still increase also as well in their Numbers as in their
to give Sir Henry Tichbourn notice of the approach of this intended Relief and the Design of the Rebels and to order him to take all possible Care of securing their Passage Which Sir Henry by the same Messenger gave his Lordship assurance he would not fail to do and accordingly that very Day he marched out with a considerable Party to meet them but these loose and ill disciplined Men not used to Military Affairs took up their Quarters at Batruby eight Miles short of Tredagh by which means he missed of joyning them that Night The next Day they continued their March but in a disorderly way The English going to relieve Tredagh defeated till they came to Julian's Town where the Rebels having notice from the Lord Gormanston as Sir John Temple from Mr. Creightston's Examination affirms were drawn up to intercept them and by reason of a Mist which then fell and through the negligence of the Scouts who were sent out to give Intelligence they were got within Musket Shot of the Enemy before they discovered them The Major however drew them up presently into what Order he could and they were in a Place of great advantage but a Lieutenant unfortunately giving out the Word Counter-march and thereupon the Men facing about in some Disorder the Rebels gave a hideous Shout and immediately charged them Which with their own fear unaccustomed to the dreadful Face of War put them into such Confusion that they could not be persuaded to make one Charge but throwing down their Arms they every Man fled and gave the Rebels an Easy though considering the Number a bloody Victory for of the whole Party only Sir Patrick Weames with the Horse the Major and 2 Captains with about 100 Men escaped to Tredagh the other three Captains with all the rest of the Soldiers except such as were Irish being there cut off and all the Arms Ammunition and Carriages being also taken by the Rebels This unfortunate Blow as it gave great incouragement to the Rebels so it did extremely deject the Spirits of the English and Protestants but to inliven them a little Sir Charles Coot who with a commanded Party was sent out into the County of Wicklow to repress the Insolencies of the Brins and Tooles who ravaged that Country committing many Depredations and Murthers upon the Protestants meeting with Luke Toole with a thousand Irish under his Command he set upon him and quickly routed them obliging him and his Men to take the Sanctuary of an Irish Bogg for his Security At Wicklow he caused some of those who were accused of the Spoiles and Robberies there to be Executed which the Rebels took for a Pretence to Revenge by the Murder of many Protestants which fell into their Hands About this time there arrived 20000 l. in pieces of Eight 20000 l. arrives out of England which went currant for 4d more in a piece then in England which was a very seasonable Supply and gave some Life and Spirit to the drooping Affairs of the Protestants and enabled the Government to carry on the Levies The King sends Mony and Arms to Ireland from Scotland with which they were now in Hand his Majesty also assisted by the Duke of Richmond had caused such Proportions of Arms and Ammunition with all the Money he could spare to be conveyed out of Scotland with Commissions to Sir Robert Steward and other Persons of Quality in the North of Ireland to give the Rebels a diversion on that side But the Rebels had set their Rest upon the taking of Tredagh and therefore quitting the North with the greatest of their Forces they drew down towards that Place But in their March thither Sir Phelim O Neil and Sir Con Mac-gennis made an Attempt upon Lisnegaruy where Sir Arthur Terringham who commanded a small Party of 400 Foot and was assisted by the Lord Conwayes and part of Captain St. John's Troop to the number of 380 Horse The Rebels repulsed at Lisnegaruy by Sir Arthur Tirringham gave them such warm Entertainment that they were repulsed with considerable loss both of Men and Reputation leaving six of their Colours and many of their Rebellious Adherents slain upon the Place without any considerable loss on the Protestants Side more then of Captain Boid and Captain St. John who fell in the Field of Honor with some private Soldiers and some few others who were wounded in the Incounter And before they sate down before Tredagh a Party of 1300 Foot besieged Mellifont the Lord Moore 's House where were only 24 Musketeers and 15 Horse who bravely defended the Place till their Ammunition was spent and then the Horse setting open the Gate made their way through the Enemy in despight of their Opposition and came safe to Tredagh and the Foot yielded upon Promise of fair Quarter which was but ill kept by the Rebels who killed some of them in cold Blood stripped the rest and Plundered the House carrying away whatsoever was of any Use or Value And now the Lords and Gentlemen of the Pale seeing the Success of the Northern Rebels and the little Force that was raised in Ireland or brought over from England to oppose them began to falter in their Loyalty also and under the pretence of Fears and Jealousies the Common Ingredients of Rebellious Designs to stand upon their Guard and to give too just Suspitions to the Government that they would rather joyn with the Rebels then assist to the Suppressing them The Lords Justices and Council therefore resolving to try them sent this Letter to them AFter our very hearty Commendations to your Lordship A Letter from the Lords Justices and Council to the Irish Lords of the Pale for as much as we have present occasion to confer with you concerning the present State of the Kingdom and the safety thereof in these times of danger We Pray and require your Lordship to be with us here on the 8th day of this Month at which time others of the Peers are also to be here And this being to no other end we bid your Lordship very heartily farewell From his Majesties Castle of Dublin the third day of December 1641. Your very Loving Friends Will. Parsons Jon. Borlase Ormond Ossery Ant. Midensis R. Dillon Ad. Loftus Ge. Shirley J. Temple Rob. Meredith To our very good Lord George Earl of Kildare The like Letters were the same day dispatched to the Earl of Antrim Earl of Fingale Viscount Gormanston Viscount Netervile Viscount fitz-Fitz-William Lord Trimblestone Lord Dunsany Lord Slane Lord of Hoath Lord Lowth Lord Lambert But the Lords of the Pale who had been already Treating with the Northern Rebels and therefore looked upon this as an artifice to ensnare them durst not adventure themselves to Dublin but Summoning an Assembly at the Hill of Tarah the Lord Gormanston brought thither an Answer ready drawn which being read and approved of was Signed by the Lords present and sent away the Copy whereof was as followeth
chosen the rather hereby to charge the said Luke Nettervile Blackney King and all the Persons there Assembled with them upon their duties of Allegiance to his Majesty immediately upon sight hereof to separate and not to unite any more in that manner without direction from us and that the said Netervile Blackney King and six others of the Principal Persons of those who are so Assembled at Swoords or thereabouts as aforesaid do appear before us to morrow morning at ten of the Clock to shew the cause of their Assembling in that manner whereof they may not fail at their extream Perils Given at his Majesties Castle of Dublin 9. Decemb. 1641. Ormond Ossery Rob. Dillon Cha. Lambart J. Temple Charles Coot But instead of Obedience to the Commands of their Lawful Superiors they returned this Answer That they were constrained to meet there together for the safety of their Lives That they were put into so great a Terror by the rising out of some Horse Troops and Foot Companies at Dublin who Killed four Catholicks for no other reason than that they bore the name of that Religion as they durst not stay in their Houses and therefore they resolved to continue together till they were assured by their Lordships of the safety of their Lives before they ran the hazard thereof by manifesting their due obedience to their Lordships And there they began to form a kind of an Army Constituting Richard Golding Thomas Russell Francis Russâ—ll Robert Travers Christopher Hollywood and others to be Captains over such Men as they had and intended to Raise Hereupon the Lords Justices and Council Published a Proclamation the 13th of December Declaring their Innocency and that those four they alledged were Killed as Papists one of which was a Protestant were such as were found actually Guilty of Rebellious Courses commanding them upon their Allegiance to his Majesty to separate upon sight of their Warrant and that the said Luke Netterville and his Accomplices should appear before the Board on the 18th of the said Month to the end they may be fully heard by the Lords Justices and Council to which end their Lordships thereby gave them and every of them the Word of the State that they might then securely and safely repair thither without danger of any trouble or stay whatsoever But they took little notice of these Commands or Promises but continued still at Swoords and their Numbers increasing they threatned to come and Incamp at Clantarfe a little Village Situate upon the very Harbor of Dublin where some of their Party had already at low Water Seized and Plundred a Barque lying there carrying a great part of the Goods they took from Aboard her to the dwelling House of Mr. King who was owner of that Village This insolent and daring Villany put the Board upon a very quick and severe Resolution fearing that if they should in good earnest Seize upon that Village and make any Fortifications there by the Assistance of the Rebels Ships at Wexford they might stop up the Haven of Dublin and prevent all Relief from coming to them from England which was the only Remainder of hopes which they had left And therefore the said King continuing in his Contumacy with the other Gentlemen at Swoords an Order of Councel was Issued to Prosecute the Rebels at Clantarf and their Relievers as follows By the Lords Justices and Council William Parsons John Borlase FOrasmuch as divers of the Inhabitants of Clantarfe Order of the Lords Justices and Council for prosecuting the Rebels at Clantarf c. 14th Dec. 1641. Raheny and Kilbarrock have declared themselves Rebels and having Robbed and Spoiled some of his Majesties good Subjects are now assembled thereabouts in Arms in great Numbers Mustering and Training of their Rebellious Multitudes to the Terror and Danger of his Majesties good Subjects as well at Land as at Sea which their boldness is acted in such a manner as to put scorns and Affronts upon this State and Government they acting such Depredations even before our Faces and in our own View as it were in despight of us It is therefore Ordered that our very good Lord the Earl of Ormond and Ossery Lieutenant General of the Army do forthwith send out a Party of Souldiers of Horse and Foot to fall upon those Rebels at Clantarfe and thereabout who in such disdainful manner stand to out-face and dare us and to endeavour to cut them off as well for Punishment of them as Terror to others and to Burn and Spoyl the Rebels Houses and Goods and to prevent their further annoying of the Shipping going out and coming in and lying in Harbour those Souldiers are to bring up or cause to be brought up to the new Crane at Dublin such of the Boats and Vessels now lying there as they can upon the sudden and to Burn Spoyl Sink and make unserviceable the rest Given at his Majesties Castle of Dublin 14th December 1641. Ormond Ossery Rob. Dillon Cha. Lambart Ad. Loftus J. Temple Cha. Coote Fr. Willoughby Also the same day an Order was Issued from the Board for Prosecuting the Rebels at Swoords as followeth By the Lords Justices and Council William Parsons John Borlase WHereas divers Rebels lately Assembled at Swoords and other Places An Order of the Lords Justices Council for prosecuting the Rebels and their Relievers at Swoords Dec. 14th 1641. where they continued in Warlike manner braving this State and Robing and Spoyling his Majesties Good Subjects thereabouts in Scorn and Contempt of this Government and Terror of his Majesties well affected Subjects thereabouts And whereas those Rebels have been harboured and relieved by the Inhabitants of Swoords and other Places who have shewed so much readiness to comply with them and good affection towards them as they did not in all the time they continued there send us any Advertisement thereof or of the Number or Strength of the Rebels whereby we might take a course to Vindicate his Majesties Honour in this State and Government from the Scorn and Affront of the Rebels and render deliverance and safety to his Majesties good Subjects It is therefore Ordered That our very good Lord the Earl of Ormond and Ossery Lieutenant General of his Majesties Army do forthwith send out a Party of his Majesties Forces Horse and Foot to fall upon those Rebels and their said Relievers and Harbourers and to cut them off and as well for Punishment of those their Relievers as for Terror to others to Burn Spoyl and Destroy the Houses Corn and all other Goods of the said Relievers at Swoords or other Places where the Rebels have been or are Relieved Given at his Majesties Castle of Dublin the 20th day of December 1641. Ormond Ossery Cha. Lambart Ad. Loftus Jo. Temple Cha. Coote Fr. Willoughby Ja. Ware Rob. Meredith And accordingly the next day Sir Charles Coot with a Commanded Party went to Clantarfe and set the Village on Fire Burning their Boats and Houses so that they
distinct Body of an Army and thereupon declared the Lord Gormanston General of the Forces to be raised in the Pale Hugh Birne Lieutenant General and the Earl of Fingal General of the Horse And to straiten the City of Dublin by keeping Provisions from coming thither Luke Neterville sent two strong Parties the one to possess Finglass within two Miles of the City and the other to Santry where they lay till those at Finglass were dislodged from thence by Col. Crafford lately arrived out of England with a Recommendation from the Prince Elector Palatine under whom he had served in the Wars of Germany The dislodging of the Rebels from Finglass happened by a pretty odd Adventure for Crafford having raised a Regiment of the stripped and despoiled English who came to Dublin for Sanctuary he daily Exercised them and being a Person of a good competency of Confidence and forwardness he requested the Earl now His Grace the Duke of Ormond to take a view of them and see how well in so short a time he had improved and disciplined his Men the next Morning His Grace with about 20 Horse of his Servants and some Persons of Quality went into the Field to see them Train but when he came there he found no Men upon the place but presently after hearing some shooting and conceiving they might be marched to some more convenient place he advanced to the place where by the shooting he judged they were when he came near he saw there was a Man brought off wounded whereupon he perceived it was no matter of Jest for it seems Crafford who had resolved to signalize himself had made an attempt upon the Rebels at Finglass but his Men who had scarcely recovered the fright they had escaped were not so well in either Courage or Discipline but that they had shewed the Rebels their Backs if His Grace by the opportune appearance of this small body of Horse had not reinforced them and the Rebels having no Horse and not knowing what strength or numbers were coming upon them immediately retired and drew off from the place The other Party at Santry hearing of the approach of Sir Charles Coot consulted with their heels for the security of the rest of their Bodies and quitted the place with so much fear and haste that they left behind them the best part of their Equipage and Provisions And to add to these misfortunes under which the Government and the English Protestants were so miserably oppressed the Provinces of Munster and Connaght now followed the Example of Vlster and Lemster and broak out into actual Rebellion so that now there was not one Corner of Ireland but what was infected with this dismal Contagion the whole Body was sick and the Heart faint and languishing The landing of Sir Simon Harcourt Sir Simon Harcourt with a Regiment arrives at Dublin Decemb. 31. a brave Experienced Captain with his Regiment who arrived at Dublin the last of December raised some hopes that Assistance and Relief would come from England but those very hopes were strangely over-ballanced by the Fears lest they should come too late And these delays had like to have proved Fatal for many of the Soldiers who came out of England seeing the weak and low condition of the City and the great Strength and Numbers of the Rebels began not only to shrink from the Service which appeared so desperate but mutinuously to perswade their fellows to return for England which occasioned the Publishing of this Proclamation By the Lords Justices and Council William Parsons John Borlase WE do hereby in His Majesties Name A Proclamation forbidding Soldiers to return to England Charge and Command all His Majesties Soldiers of this Army that upon pain of Death none of them presume to depart hence for England without express License in that behalf from the Lieutenant General of the Army And we Command all Owners and Masters of Ships Barques and other Vessels that upon pain of Death none of them do permit or suffer any of the said Soldiers to go aboard them or to be carried from hence into England And we require the Searcher and all other Officers and Waiters of the Customs that they and every of them do take special Care to prevent the Shipping or Exporting of any of the said Soldiers as aforesaid whereof they may not fail Given at His Majesties Castle of Dublin the 18th of Jan. 1641. Ormond Ossory R. Dillon Ad. Loftus J. Temple Charles Coote Fra. Willoughby Rob. Meredith The Board had not been at all wanting to represent the sad Condition of their Affairs to the Lord Lieutenant and the Two Houses of Parliament in England and the Reader may have observed that upon all occasions His Majesty had indeavoured to the uttermost of the Power he had left to forward the Relief and Assistance of Ireland But the Scots stood upon high Terms being rather managed with the desire of the English Money the sweetness of which they had tasted then with compassionate Zeal and Brotherly Kindness though they affected that word mightily to afford Sudden and Seasonable Relief to Ireland which they might with the greatest ease imaginable have done from Scotland that Country lying so near as to be within a few hours Sail from thence And for the Two Houses of Parliament in England they were so wholly taken up with their own Affairs and Designs against the King which now began to ripen apace towards an open Rebellion that they had no leisure to attend the present Relief of Ireland to any purpose insomuch that the Arms and Ammunition taken out of the King's Stores for that Service could not get a conveyance to the Ports whither they were Ordered for Transportation for want of Money as was often represented to the Two Houses by the Lord Newport Master of the Ordnance as before hath been made appear from the Journals and the Men who were raised and got as far as Chester lay there also Money-bound as is evident from this following Letter written from Col. Monk afterwards the memorable Duke of Albemarle to the Lord Lieutenant My Lord I Have received one Letter from your Lordship A Letter from Col. Monk to the Lord Lieutenant of Ireland and one from your Secretary and all your Lordships Commands have been observed here are Twelve Companies of your Lordships Regiment come to Chester there is only wanting your Lordships own Company and 40 Men of Captain Cope 's Company the which 40 Men he is bringing up himself and your Lordships Regiment is 1200 marching Men in Rank and File at this present We shall want nothing for our present Imbarquing but Money and your Lordships own Company for our Men are all Armed and Shipping ready to carry them over the want of Money with us has been very great by reason we have been forced to pay our Companies our selves ever since our Arrival here We could not prevail with the Townsmen of Chester for the furnishing of us with any
Election of a Burgess there 870. Earl of Arundel constituted Lord High Steward of England for Trial of the Earl of Strafford 29. Captain Ashburnham Committed on suspicion of Treason 288. Bailed 377. Gets a Vote for his Pay 477. Voted guilty of Misprision of Treason and expell'd the House of Commons 725. Mr. Ashton Vicar of Panswick Voted a scandalous Minister 238. Assembly of Irish at Swoords Order to Dissolve it 908. Attainder of the Earl of Strafford 103. The Bill read thrice in one day and passed the Commons 157. Mr. St. John 's Argument for it 162. Passes the Lords 192. And the King by Commission 195. Repealed since the King's Restauration 203. Attorney General Ordered to justifie his Charge against Lord Kimbolton and the five Members 843. Which he does 850. House of Commons desire to Examine him 850. Vote of Both Houses against him for Breach of Priviledge 870. Examination of him 873. Votes of the House of Commons against him 874. Ax expresly forbidden to be born before the Earl of Strafford at his coming to Tryal 29. B. BAgshaw of Windsor his Information to the House of Commons 859. A Conference about it 862. Sir William Balfour Lieutenant of the Tower brings the Earl of Strafford to the Bar 37. A false Loon 190. His removal angers the Factious 773. Ballad against the Bishops and Common-Prayer 807. Barnwell a Witness against the Earl of Strafford 36 83. Sir Thomas Barrington a Witness in the Case of the Earl of Strafford 83. Bishop of Bath and Wells inform'd against Dr. Beal referred to the Committee for Scandalous Ministers 773. Beal a Taylor finds out a Plot 647. An Ordinance about it 649. Conference upon it ibid. Sir Henry Bedingfeild Accused 661. Sent for 662. Examined 690. Acquitted 691. Mr. Benson a Member of the House of Commons Charged with selling Protections 595. Expelled the House and declared a Delinquent for so doing 596. Sir John Berkley sent for as a Delinquent 288. Sent to the Tower 490. Order'd to be Examined 492. Voted guilty of Misprision of Treason 725. Order'd to be Bail'd 755 780. Sir Robert Berkley Impeach'd by the House of Commons 332. Articles against him 337. Brought to the Bar of the House of Lords 497. His Petition to the House of Lords 498. Assigned Council 499. His Tryal put off 511. Earl of Berkshire a Witness against the Earl of Strafford 89. Edmund Bern a Witness against the Earl of Strafford 70. Berwick An Order for the Mayor to take care of it 753. Bill of Attainder See Attainder Bill for perpetuating the Parliament passes the Lords 192. And the King by Commission 195. Repeal'd since the Kings Restauration 203. For relief of the Army 238. For abbreviating of Michaelmas Term ibid. For restraining Ecclesiastical Persons from medling in secular Affairs 242. Thrown out of the House of Lords 271. Bill for Abolishing Episcopacy proposed 248. Debated in the House of Lords 255. Private Bills past by Commission 256. Bill for Root and Branch read twice 257. For Tonnage and Poundage ibid. 381. For disbanding the Armies ibid. For taking away the High Commission Court and Pluralities ibid. For taking away the Star-Chamber and regulating the Council-Board 258 271. For Regulating Clerks of the Market 259. For disarming Recusants 260. Against the new Canons ibid. Against Pluralities and Non-Residencies 293. Against Ship-Money 294. A Copy of the Root and Branch Bill 300. Bill against Scandaleus Ministers 309. For taking away the Court of Requests ibid. To prevent Suits for Knighthood ibid. Three Bills brought up to the House of Lords their Titles 393. Bill for the Marches of Wales 394. For Billet-money ibid. For the Northern Counties 409. Seven Bills brought up to the House of Lords their Titles ibid. Bill for securing Religion rejected 411. For imposing the Protestation rejected 414. Eleven Bills passed the King their Titles 431. Six more pass'd by the King and their Titles 438. Bill for a Lord General and Lord High Admiral rejected 719. For Relief of Captives at Argiers 731. Three Bills past the House of Commons their Titles 777. Billet-money undertaken for the Scots by the House of Commons 444. A Bill for Billet-money 394. Captain Billingsley Accused for a Conspiracy to seduce the Army 232. A Proclamation to stop him 233. Bishops their advise against passing the Bill against the Earl of Strafford 192. A Salvo for them 231. Thirteen of them impeached about the New Canons and Oath 418 443. An Order concerning their Answer 449 484. Order that they have Council 495. A Debate in the House of Commons what they are guilty of 497. Debate whether other Bishops shall Vote in their Case 500. Abstract of the grand question upon it 503. Their Council refuse to undertake their Cause 613. A time appointed for their Answer 614. Which they put in by Plea and Demurrer 641. That Voted dilatory and insufficient 645. Conference about them 691 717. Ordered to be heard 711. A second Charge against them by the House of Commons 717. Order to Answer it 718. They adhere to their Demurrer 731. Twelve Bishops their Petition and Protestation 794. Votes of the House of Commons against them 796. Impeached ibid. Taken into Custody ibid. Brought to the Lords Bar 797. Their several Answers ibid. Two of them Committed to the Black Rod the rest to the Tower 799. Desire Council which is granted 812. Order to put in their Answer 836. They Answer 882. They Petition to be speedily Tryed or Bailed 883. Remanded to Prison ibid. Mr. Blaney summon'd for Preaching against the Protestation 288. Sir Richard Bolton Lord Chancellor of Ireland impeached 566. Articles against him 570. Books seized by Order of the High Commission how disposed of 690. Mr. Booth Minister of St. Botolph Aldersgate Petition'd against by the Factious 492. Sir John Borlase made one of the Lords Justices of Ireland 564. Dr. Borlase his History of the Irish Rebellion censured 531. Lieutenant Bowles Voted a Delinquent for raising voluntiers for Ireland 874. Lord Chief Justice Bramstone impeached by the House of Commons 363. Mr. Orlando Bridgman receives a Letter about a Plot 836. Earl of Bristol a Witness in the Case of the Earl of Strafford 83. His Report about disbanding the Irish Army 233. Vote of the House of Commons that he be removed from the King and his Council 793. Lord Bruce introduced into the House of Lords 421. Buckinghamshire Petition to the House of Lords about Malignants c. 834. To the House of Commons about the same 839. To the King concerning Hampden 840. Mr. Burgess Ordered to Preach before the House of Commons 467 513. Sir John Burroughs a Witness in the Case of the Earl of Strafford 93. Busby 's Case an Order in it by the House of Lords 716. Sir John Biron a Message of the House of Commons for removing him from being Lieutenant of the Tower 835. Ordered to appear before them 844. Refuses 845. Votes of the House of Commons about him 846. Brought to the Bar
of the House of Lords 849. At the Bar of the House of Commons 856. A Petition of some Merchants c. against him 881. A Motion of the House of Commons for displacing him dissented to by the House of Lords 882. Cruelty of the Irish Rebels 633. Customers offer 100000 l. for an Act of Oblivion 256. are Ordered to pay 150000 l. ibid. Votes about the Petty-Farmers 258. who Petition the House 265. Custos Regni insisted on by the House of Commons 425. the Judges Opinion about it 430. D. SIr Thomas Danby a Witness for the Earl of Strafford 95. Mr. William Davenant accused for a Conspiracy to seduce the Army 232. a Proclamation to stop him 233. sent for by a Serjeant 245. Committed 246. Bayled 377. Lord Chief Baron Davenport Impeach'd by the House of Commons 343. Articles against him 347. Sir Thomas Dawes a Writ Ne exeat regnum against him 425. Deans and Chapters defended by Doctor Hacket in the House of Commons 240. Speeches in Parliament concerning them 282. 289. Debts of the Kingdom considered by the House of Commons 257. 724. Declaration of the House of Commons concerning several Church-matters without the consent of the House of Lords 481. of the House of Commons of Ireland upon the Queeres proposed to the Judges there 584. of the English Parliament touching the Irish Rebellion 601. of the House of Commons against Inigo Jones 728. of the King in answer to the Remonstrance 746. of the House of Commons concerning the Tower and Collonel Lunsford 778. Declaration of the State of the Kingdom projected 615. debated 664. appointed to be delivered and by whom 689. set down at large 692. c. how received by the King 709. House divided about Printing it 743. Declaration for a Posture of Defence 850. rejected by the House of Lords 857. Declaration concerning Breach of Priviledges 853. Sir Edward Deering Chairman of a Sub-Committee for Scandalous Ministers 245. delivers the Bill for abolition of Episcopacy with a Speech 248. how unfortunate 249. his Speech about Episcopal Government 295. concerning the Order for removing the Communion Table 493. concerning Bowing at the Name of Jesus 610. about the Declaration of the State of the Kingdom 664. against passing it 668. the behaviour of the factious to him 672. Defence of the E. S. to the first Article against him 54. to the second 55. third 56. fourth 58. fifth 60. sixth 61. eighth 63. ninth 64. tenth 65. twelfth 67. thirteenth 68. fifteenth 71. sixteenth 74. nineteenth 78. twentieth to twenty fourth 84. to 87. twenty fifth 89. twenty sixth 91. twenty seventh 94. twenty eighth 99. Delinquents who are so Voted their Estates to be seized 511 Delinquents about the Sope Patent 513. Serjeant Dendy Inform'd against for words 888. Bishop of Derry Impeach'd 566. Articles against him 570. Sir Simon D'ewes his Speech about the Poll-Bill 322. concerning the Palatinate 368. Differences between the Lords and Commons about the Votes for the Protestation 416. Lord Digby one of the Committee to prepare the Charge against the Earl of Strafford 7. appointed one of the Managers of the Evidence against him 28. his Speech at passing the Bill of Attainder 157. which is Ordered to be Burnt by the Common Hangman 160 389. exceptions taken at some Words of his 271. expelled the House of Commons 275. made a Baron and added to all the standing Committees ibid. a Message from the House of Commons about him 791. Information against him 845. Summoned to attend the House of Lords 882. his Apology at large 863. Lord Dillon a Witness for the Earl of Strafford 56 58 60 61 71. made one of the Lords Justices of Ireland 564. displaced to please the Faction ibid. Committed by the House of Commons 786. Directions of the House of Commons for taking the Protestation 229. of the same to their Committee during the Recess 481. Disbanding the Army Votes Orders c. about it 233 286 454 456 457 458 461. Disbanded Soldiers to be permitted to go beyond Sea 495. Dondalk taken by the Irish Rebels 636. Sir James Douglas sent for as a Delinquent 753. Mr. Edward Dowdall's Depositions concerning the Treaty between the Lords c. of the Pale and the Irish Rebels 907. Bishop of Down a Warrant to him concerning Contemners of Eeclesiastical Jurisdiction 63. William Dowson a Witness against the Earl of Strafford 94. Thomas Drinkwater ordered to the Pillory for a Contempt 238. excused 245. Drogheda see Tredagh Dublin Fortified 636. Citizens pretend themselves not able to raise 40 l. ibid. cunningly victualled by the Master of the Rolls 637. Strangers ordered by Proclamation to depart the City and Suburbs 637. Dr. Duncomb Witness for the Earl of Strafford 55. Dunkirkers laden with Ammunition for Ireland stopt 844 857. Durham House assured to the Earl of Pembroke by an Act 426. Dutch Ambassador desired to assist in stoping the Dunkirkers 857. E. EDwards a Witness against the Earl of Strafford 90. Egor a Witness against the Earl of Strafford 36. Election of Members Cases about it 599. 870. Sir John Elliot 's Case 376. Bishop of Ely his Case with Lady Hatton 270. see Wren Dean of Ely see Fuller Embassadors Voted not to entertain Priests Natives of England 373. French or Spanish Embassadors see French or Spanish Episcopacy a Bill Proposed for the Abolishing of it 248. Sir Edward Deering 's Speech upon it 248. Sir Benjamin Rudyard 's 249. the Lord Newark 's 251. Votes of the House of Lords upon it 255. Report of a Conference about it 259. Debated in the House of Commons 275. two Papers concerning it presented to the House of Commons 301. Votes about it 380. Order to discourage Petitioners for it 655. Epitaphs upon the Earl of Strafford 204. 205. Sir Walter Erle one of the Commissioners to prepare the Charge against the Earl of Strafford 7. appointed one of the Managers of Evidence against him 28. gravell'd in his Management he is assisted by the Lord Digby 100. sent down to secure Dorsetshire 233. Earl of Essex made Lord Lieutenant of Yorkshire 247. and Lord Chamberlain 407. Motion of the House of Commons that he have power over all the Train'd Bands South of Trent 608. lays down that Commission 684. Evidence against the Earl of Strafford Summ'd up by him 104. Examination of Owen Connelly about the Irish Rebellion 520. of Mac Mahan concerning the same 521. of Richard Grave 522. of Mr. Attorney General about the five Members 873. Exceptions taken at some words of the Lord Digby 27. at a Letter from the Speaker of the House of Lords of Ireland 417. at a Message from the House of Lords by one Person only 474. at the Bishop of Lincoln 477. at the Kings Speech 739. Exclusion of the Bishops from Voting in the case of the thirteen Impeached Bishops a Conference about it 500. Execution of the Earl of Strafford 201. Explanation of the Protestation 241. of the Act of Pacification 625. Extract of Letters from the Lords Justices of
Plot against Mr. Pym by way of Plaister 496. of one Beal a Taylor 646. Plot in Army 653. against the House of Commons 836. against some Lord 843. Pluralities a Bill against them 257 a Proviso for Chaplains c. 496. Poll Bill the Rates 293. a Record concerning it 324. past the House of Lords 325. and the King 327. Poll Money an Order concerning it 458. Captain Pollard committed on suspition of Treason 288. bailed 324 voted to have his Pay 477. voted guilty of Misprision of Treason and expell'd the House of Commons 725. Earl of Portland 's Defence against the Commons who would remove him from his Government of the Isle of Wight 655. Ports ordered to be stopt 232. Portsmouth Garrison Money ordered for it 449. Order of the House of Commons for its security 845. Marmaduke Potter a Witness against the Earl of Strafford 54. Sir Herbert Price sent to the Tower for bringing in Candles without Order 272. discharged 288. Priest of the Venetian Ambassador Imprisoned 394. Priests and Jesuites ordered to be Apprehended 647. Priests Condemn'd interceded for by the French Ambassador 719 731. Vote of the House of Commons that they be Executed 732 740. Prince see Charles Printer Imprison'd for an Elegy on the Earl of Strafford 246. bailed 324. Printing of the Orders of the House of Commons when first 390. Priviledge broken by giving the Lye to a Peer 380. by the Kings Speech 739. and by his coming to the House of Commons to demand the 5 Members 822. Proclamation of the Earl of Strafford concerning the Importation and Sale of Tobacco 66. Proclamation to bring in Mr. Percy c. 233. for disbanding the Horse 429. for establishing Religion 730. for absent Members to attend 736. against Tumults 786. for suppressing the Irish Rebellion 809. Proclamation of the Lords Justices of Ireland for stopping the Rebellion 522. for satisfaction of the Lords and Gentlemen of the English Parliament 631. for strangers to depart Dublin 637 638. against the Calumny of the Rebels acting by the Kings Commission 638. forbidding Soldiers to return to England 918. Proposition concerning Ecclesiastical Affairs presented to the House of Commons 301. ten Propositions of the House of Commons to be presented to the King upon his going for Scotland 310. debated 317 373. five new heads added 394. Propositions of the Scots Commissioners and the Answer of the English Commissioners for concluding the Peace 421. of the House of Commons to the Scots Commissioners for the Kings stay Fourteen days 433. of the French Ambassador for Soldiers 436. of the Scots Commissioners upon the difficulties of marching their Army home 438. of the House of Commons to the House of Lords about the Irish Rebellion 524. several invidious Propositions of the House of Commons at a Conference 737. Propositions of the Scots Commissioners about assistance for Ireland 742 762 778 782 799. of the House of Commons about the Irish Parliament 768. of the House of Lords to the House of Commons about the Scotch assistance for Ireland 768. briskly answer'd by the House of Commons 771. Protections complained of by the Londoners 509 646. Votes of the Committee upon it 510. Case of Mr. Benson about it 595. Votes about it 596. Protestation of Secresu required by the House of Commons of their Members 11. a Protestation ordered to be printed and sent into all Counties 229. Direction for taking it ibid. taken by some Recusant Lords 237. Jesuitically explain'd by the Presbyterian Commons 241. A Bill for imposing it rejected by the House of Lords 414. imposed on the Tower Guards 466. Protestation of six Lords against publishing the Order about Tumults 483. of both Houses concerning the breach of Privilege by the Kings Speech 750. of divers Lords against putting off the Debate of the Tower 779. of the Bishops 794. of the Lords dissenting to the Vote about the Lieutenant of the Tower 882. of the Irish Parliament against the Rebellion 898. Pryn ordered to be restored to Lincolns-Inn 251. Public Faith a Bill for it 437. Pury an Alderman of Glocester his Speech against Deans and Chapters 289. Sir Robert Pye a Witness against the Earl of Strafford 39. Pym moves for a Grand Committee about Irish Affairs 5. one of the Committee to prepare a charge against the Earl of Strafford 7. impeaches him in the House of Lords ibid. delivers the Articles against him 8. his Speech upon that occasion 9. carries up Articles of further Impeachment 11. appointed a manager of Evidence against him 29. his Speech at the Trial 30. his Reply to the Earl of Strafford 's defence 47. his Speech at summing up the Evidence 145. his Speeches ordered to be Printed 237. Order to stop a Suit against him 393. his Report of what had been done during the Recess 488. a Plot against him 496. his Speech at the Conference for excluding the Bishops from voting in the case of the thirteen Impeach'd 500. his Speech concerning evil Councellors 619. Impeached of High-Treason 811. Q QUaerie's put to the Judges about matters in Parliament 374. Quaeries proposed by the Irish Parliament to the Judges there 572 575 584. Queen present at the Trial of the Earl of Strafford 29. a Conference about her Journey to the Spaw 390. Reasons against it 391. a Message to her about it 392. her answer 393. her Message to the House of Commons about it 405. answer to their thanks 406. her answer about the Capuchins 448. complemented by the Commissioners of both Houses for Scotland 452. her Answer 456. Message to her about the Prince 597. her Answer ibid. her Answer concerning Fa. Philips 605. Information of a design to seize her c. 781. Queen Mother a Conference of both Houses about her 237 247. Tumults about her ibid. a Message concerning her 329. Mr. Quelch Minister of St. Bennet Grace-Church inform'd against by Alderman Penington 776. bailed 884. Grand Question concerning Bishops Votes in Capital causes an Abstract of it 503. R. RAbble Tumult about the Spanish Embassadors house 187. stop the Lord High Steward 188. post up the conscientious Members under the name of Straffordians Ibid. They Petition against him 189. Raby the Title of Baron of it conferred on Sir Tho. Wentworth 3. Sir George Radcliff impeach'd by the House of Commons 8. has liberty to take the Air 412. his Petition to the House of Lords 464. Articles against him by the House of Commons of Ireland 570. Rails about the Communion Table pull'd down by the Sectaries 271 322 389. trouble about them 491. Railton a Witness for the Earl of Strafford 54. Lord Ranulagh a Witness in the Case of the Earl of Strafford 36 57 59 83. 70 71. Rebellion see Irish Reasons of the Lords for Bishops voting in Parliament 259. answered by the House of Commons 260. Reasons against the Queens Journey to the Spaw 391. against the King's Journey to Scotland 430. of the House of Commons for sitting on the Lord's Day 436. of the King for not signing
he might Arrest them of High Treason And whereas afterwards the next day His Majesty in His Royal Person came to the said House attended with a great multitude of men armed in warlike manner with Halberts Swords and Pistols who came to the very door of the House and placed themselves there and in other places and passages neer to the said House to the great terrour and disturbance of the members then sitting and according to their duty in a peaceable and orderly manner treating of the great affairs of England and Ireland And his Majesty having placed himself in the Speakers Chair demanded of them the Persons of the said members to be delivered unto him which is a high Breach of the Rights and Priviledges of Parliament and inconsistent with the Liberties and Freedome thereof And whereas afterwards His Majesty did issue forth several warrants to divers Officers under His own hand for the apprehension of the Persons of the said members which by Law he cannot do There being not all this time any Legal charge or accusation or due Process of Law issued against them nor any pretence of charge made known to that House All which are against the Fundamental Liberties of the Subject and the Rights of Parliament Whereupon we are necessitated according to our duty to declare And we doe hereby declare that if any person shall arrest Mr. Hollis Sir Arth. Haslerig Mr. Pym Mr. Hampden and Mr. Strode or any of them or any other Member of Parliament by pretence or colour of any Warrant issuing out from the King only is guilty of the Breach of the Liberties of the Subject and of the Priviledge of Parliament and a publick enemy to the Common-Wealth And that the arresting of the said Members or any of them or of any other Member of Parliament by any Warrant whatsoever without a Legal Proceeding against them and Without consent of that House whereof such Person is a Member is against the Liberty of the Subject and a Breach of Priviledge of Parliament And the Person which shall arrest any of these Persons or any other Member of the Parliament is declared a publick Enemy of the Common-Wealth Notwithstanding all which we think fit further to declare That we are so far from any endeavours to protect any of Our Members that shall be in due manner prosecuted according to the Laws of the Kingdom and the Rights and Priviledges of Parliament for Treason or any other Misdemeanours That none shall be more ready and willing then we our selves to bring them to a speedy and due tryal being sensible that it equally imports us as well to see justice done against them that are criminous as to defend the just Rights and Liberties of the Subjects Mr. Whitlokc's Reports from Grocers-Hall Jan. 8th 1641. and Parliament of England And whereas upon several examinations taken the seventh day of this instant January before the Committee appointed by the House of Commons to sit in London it did fully appear that many Souldiers Papist and others to the number of about 500. came with his Majesty on Tuesday last to the said House of Commons armed with Swords Pistols and other weapons and diverse of them pressed to the door of the said House thrust away the door-Keepers and placed themselves between the said door and the ordinary attendants of His Majesty holding up their Swords and some holding up their Pistols ready Cock'd near the said door and saying I am a good Marksman I can hit right I warrant you and they not suffering the said door according to the custom of Parliament to be shut but said they would have the door open and if any opposition were against them they made no question but they should make their party good and that they would maintain their party and when several members of the House of Commons were coming into the House their attendants desiring that room might be made for them some of the said Souldiers answered A Pox of God confound them and others said A Pox take the House of Commons let them come and be hang'd what a doe is here with the House of Commons and some of the said Souldiers did likewise violently assault and by force disarm some of the Attendants and servants of the Members of the House of Commons waiting in the Room next the said House and upon the Kings return out of the said House many of them by wicked oaths and otherwise expressed much discontent that some Members of the said House for whom they came were not there and others of them said when comes the word and no word being given at His Majesties coming out they cryed a lane a lane afterwards some of them being demanded what they thought the said company intended to have done answered That questionless in the posture they were set if the word had bin given they should have fallen upon the House of Commons and have cut all their throats Upon all which we are of opinion that it is sufficiently proved that the coming of the said Souldiers Papists and others with his Majesty to the House of Commons on Tuesday last being the fourth of this instant January in the manner aforesaid was to take away some of the Members of the said House and if they should have found opposition or denyal then to have fallen upon the said House in an hostile manner And we do hereby declare that the same was a Traiterous design against the King and Parliament And whereas the said Master Hollis Sir Arthur Hasterigg Mr. Pym Mr. Hampden Mr. Strode upon report of the coming of the said Souldiers Papists and others in the warlike and hostile manner aforesaid did with the approbation of the House absent themselves from the service of the House for avoiding the great and many inconveniencies which otherwise apparently might have hapned Since which time a printed paper in the form of a Proclamation bearing date the sixth day of this instant January hath issued out for the apprehending and imprisoning of them therein suggesting that through the Conscience of their own guilt they were absent and fled not willing to submit themselves to justice We do further declare That the said printed paper is false scandalous and illegal and that notwithstanding the said printed paper or any Warrant issued out or any other matter yet appearing against them or any of them they may and ought to attend the service of the said House of Commons and the several Committees now on foot And that it is lawful for all persons whatsoever to lodge harbour or converse with them or any of them And whosoever shall be questioned for the same shall be under the protection and priviledge of Parliament And We do further declare Mr. Glyn reports from Grocers-hall Jan. 10th 1641. That the publishing of several Articles purporting a form of a charge of high Treason against the Lord Kimbolton one of the Members of the Lords House and against the said Mr. Hollis