he goes into Ireland you will find his Temper and Spirit not a whit Allayed but now being further from His Majestie 's Person he is higher in his Power and in his Will It is true that Kingdom was annexed to this many years ago but they that now possess the greatest part of it are Subjects of this Kingdom descended from them that went from hence thither Yet he tells them in a solemn Speech not suddenly but solemnly That Ireland is a Conquered Nation and the King might do with them what he would and that their Charters were nothing worth and bind the King no longer than he pleases Surely My Lords We might see what he would do if he had Power But God be blessed we find not the disposition any where resented by His Majesty and we hope that such Councels shall never have Access to so good and gracious an Ear. 4. The next thing he stays not in words but will be as good as his word if he can and he begins high For that we presents next is a Peer of the Kingdom thrust out of his Possession by my Lord of Strafford 's Order and when he Sues at Law for recovery of his Right my Lord Threatens him Truly Threatnings are not good in such a case where a man Sues for Justice And from him that ought to Administer Justice and further him in it yet he Threatens him Imprisonment to which Peers are not ordinarily liable First my Lord tells him He will not have Law nor Lawyers question his Orders he might debar the Lawyers in some Cases but why a man should have a Spleen at the Law that his Orders should not be examined by that I know not And he goes higher for when there was an occasion to speak of an Act of State he tells him That he will make him and all Ireland know that as long as he had the Government there any Act of State made or to be made should be as binding as an Act of Parliament My Lords He cannot go higher in Speeches than this That an Act of State of his own making and his own Power should be as binding as an Act of Parliament Nay he tells them in Parliament That they were a Conquered Nation and must expect Laws as from a Conquerour 5. Next we shall shew divers Instances wherein he exercises Power over the Lives Lands and all that is the Subjects deduced into several Articles viz. the 5th the 6th the 7th and the 8th In particular one I shall be bold to open That is the Case of my Lord Mountnorris another Peer of that Kingdom and a great Officer there Some words fell from that Lord speaking of one that had trodden on my Lord of Strafford 's Toe That he hoped the Party did it not in Revenge for he had a Brother that would not have sought such a Revenge For these words spoke at a private Table half a year yea seven months before my Lord of Strafford calls a Council of War and judges his Lordship to death My Lords It is no wonder that he would make the King 's little Finger so heavy that could make his own Toe heavy enough to tread the Life of a Peer under his Feet And he did not only give Sentence in that Case but caused Execution to be done in another Case upon one D. who was condemned by Martial Law and hanged at Dublin where there was no War at all Other particulars will follow when I fall upon proof 9. Then he comes to make Laws and that is in the 9th Article By the Laws of England and Ireland too the Ecclesiastical Power is distinct from the other it not extending to the Imprisonment of the Person but is to attend the King's Courts and to receive directions from thence yet he makes a Warrant to the Bishop of Downe and he made it to others too That if any of the poorer sort did not appear upon the Bishop's Citation or not obey when they did appear they should be Attached and Imprisoned Here he makes a Law of himself and subjects the Liberties of the Subjects to his own Pleasure but this was for the poorer sort of People though Justice sees no difference in matters of Estate betwixt Poor or Rich But when he hath brought it on the Poor he will afterwards bring it on the Rich. 10. The next is a Power of laying Impositions on the Subjects First he is a Farmer of the Customs he puts excessive Rates upon the Commodities that which is worth but 5 s. as the Hydes he will have valued at 20 s. and the Wool which is worth 5 s. he will have it valued at 13 s. 4 d. and by this he takes away in effect whatsoever the Commodity is worth for the Customs come very near the Value Another particular in this I shall be bold to open and I hope his Lordship will provide to give an Answer He hath advanced by this the King's Customs and a Rent of 1350 l. is encreased to the Crown But it will appear to your Lordships that the Crown hath lost and he only hath gained And whereas my Lord of Strafford says there was no other Defalcations in his Patent than in the former that will fall out to be otherwise for this is the State of the bargain There was a former Rent of 9700 l. which the Duke of Buckingham paid out of this Farm On the Earl of Strafford 's Patent that Rent is reserved and as much as came to 1350 l. more but in lieu of 1350 l. advanced to the King my Lord of Strafford hath in his Grant the Surplusage of Wines which were not in the Duke's Patent worth 3400 l. a year besides a Rent paid for the Term of the Wine of 1400 l. And whereas there was no defalcation of the Customs of London-Derry and Colerane in the Duke's Lease which amounted to 1500 l. a year my Lord of Strafford must have a defalcation for them And then the Seizures which were 500 l. a year and for Knockvergus and Straniford 2500 l. a year so here is above 5000 l. a year less to the Crown in lieu of the advance of 1350 l. a year besides the increased Customs amounting to 12000 l. a year And yet he again hath far exceeded this proportion We say further he doth not only impose on the Subjects but takes away that which is the Subjects utterly and entirely as in the case of the Flax. It is true the Employment of it belongs to Women but it is the greatest Commodity one of them of that Kingdom and of greatest profit the Revenue of the Custom of it being 800 l. a year and this he hath gotten into his own hands and possession This he got from the Natives and took it to himself He doth for that purpose issue out a Proclamation That they shall use it in such a way wherein the Natives were unskill'd and if it were not so done it should be seized and it was seized
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
the Commons House Thursday June 17. by which it will appear at what a Rate the Reformation was to be purchased when the first Account Run so high  l. It appeared that there was due to the Kings Army The State of the Account of the Armies 462050 There hath been paid to the Kings Army 150000 Rests due to the Kings Army 312050 There is due to the Scottish Army 216750 Due to the Scots for Shipping 4000 Total due to the Scots 220750 There hath been paid to the Scots 105000 Rests due to the Scots 115750 Total due to English and Scots 427800 Brotherly Assistance to be paid presently 80000 To pay this there is in View  Due from the Customers upon Composition 150000 Due from the Petty-Customers Composition 15000 From the City promised to be Lent 40000 Total 205000 To be provided more 302800 Off the Old Subsidies 300000 New Subsidies 400000 Customers 165000 Total raised and to be raised 865000 The Debate about the Poll-Bill was this Day agitated in the House of Commons whereupon it was agreed Friday June 18. That every Duke shall pay 100 pounds Every Marquess 80 pounds Votes and Rates of the Poll-Bill Every Earl 60 pounds Every Viscount 50 pounds Every Lord 40 pounds Every Bishop 60 pounds Every Dean 40 pounds Every Canon Residentiary 20 pounds Every Prebendary 10 pounds Every Rector for 100 l. per annum 5 pounds Every Baronet and Knight of the Bath 30 pounds Every Knight 20 pounds Every Esquire 10 pounds Every Gentleman of 100 l. per annum 5 pounds Aldermen of London the same Rate with Knights And for other Persons all above the Age of 16 Years Except such as receive Alms to pay 12 pence per pole Recusants of all Ranks to pay double Lord Mayor of London 40 pounds Aldermen Knights 20 pounds Aldermen Deputies 15 pounds Common Council men 5 pounds Master and Wardens of the 12 Companies 10 pounds Every one of the Livery 5 pounds Master and Wardens of the other Companies and such as have fined for Master or Wardens 5 pounds Every one of the Livery 50 shillings Every Freeman of the 12 Companies 20 shillings Every Freeman of the other Companies except Porters and Watermen 20 shillings Every Merchant Stranger being a Knight 40 pounds Every Merchant Stranger at Sea 10 pounds At Land 5 pounds English Merchants in Land not Free 5 pounds Factors 40 shillings Handicrafts-men Strangers 2 shillings per pole If House-Keeper or Papist 4 shillings Widows according to the Degrees of their Husbands Serjeants at Law 20 pounds Kings Serjeants 25 pounds King Queen and Princes Council 20 pounds Dr. of Law and Physick 10 pounds If Papists 20 pounds Arch-Deacons 15 pounds Chancellors and Commissaries 15 pounds Every man of 100 pounds 5 pounds Every man of 50 l. per annum 50 shillings Every one that can dispend 20 pounds per annum 5 shillings Saturday June 19. Bill against Pluralities and Non-residence passed the Commons The Bill against Pluralities and Non-Residence was this day read the third time in the Commons House and being passed was carried up to the Lords for their Assent By this Act it was provided That whosoever had two Livings should before the 21 of September next following resign one of them And that if any Clergy-man should be absent at any time 60 days from his Living he should ipso facto forfeit it A Message was brought from the House of Commons by John Hampden Esq The Bill a-against Pluralities brought up to the Lords who brought up a Bill which had passed the House of Commons Entituled An Act against the enjoyment of Pluralities of Benefices by Spiritual Persons and Non-residence And desires that their Lordships would give such dispatch to the Three Bills lately sent up 1. Concerning the Star-Chamber and the Privy Council 2. Concerning the High Commission Court The Third Concerning disarming of Recusants as may stand with their Lordships conveniency Upon which the said Bill was read the first time Bill against Ship-Money read a second time The Bill of Tonnage and Poundage passed the Lords House The Bill against Ship-mony was also read a second time This day was read the third time the Bill Entituled An Act of a Subsidy granted to the King of Tonnage and Poundage and other Sums of Mony payable upon Merchandzie Exported and Imported And being put to the Question it was Resolved Nemine Contradicente to pass as a Law and the L. Great Chamberlain L. Steward L. Chamberlain E. Holland were appointed from this House to move his Maiesty to appoint a time to give his Royal Assent This day Colonel Goring was again Examined by the House upon several Interrogatories Monday June 21. Goring further Examined upon which he deposed That Sir John Suckling first told him of that design about the middle of Lent last and that afterwards meeting with Mr. Jermyn he desired that he would meet him at White-hill on the Queens side for that he was to speak with her Majesty and would confer with him concerning the Army where meeting at the Queens drawing Chamber her Majesty told him the King would speak with him whereupon meeting with the King his Majesty told him that he was minded to set his Army into a good Posture being advised thereto by my Lord of Bristol as he said and his Majesty then commanded him to joyn with Mr. Percy and some others in that business Now because hereafter when the Faction flew out into open Rebellion they did endeavour to improve this into a scandal against the King as if he were in the design to bring up the Army against the Parliament thereby to render him odious to his Subjects and especially the Nonconformists who made the House of Commons their great Idol the Reader is desired to compare this Passage of Goring's Deposition wherein he tacitly seems to bring the King in as the Author of his entring into the Confederacy whereas in that first confession of his he gives an account that he fell in among them upon the account of the Discourse of endeavouring the redress of the Grievances of the Army and that thereupon finding them full of discontents and as he thought entring upon Resolutions of dangerous Consequence to the Common-wealth and his Majesties safety he continued his Correspondency with them and took the Oath of Secrecy purposely with an intention to disclose the matters and discover them to the Parliament in proof of which original intention of his Confederating with them he tells us He had before-hand provided for his own security by imparting the matter to some great Lords telling them that in a little time he should have occasion as he thought to acquaint them further with some things of great importance The House was this day Resolved into a Grand Committee of the whole House upon the Debate of the Root and Branch Bill Monday June 21. upon which occasion Sir Edward Deering made this following Speech as I find
of Aid and Supply to your Lordships in the Ancient and due Form But perhaps your Lordships will say you question not that general right we have of granting Subsidies that it is to receive its Birth and Being from the House of Commons but that in this particular case of Poll-money you expect a particular satisfaction and much more to see it proved that the Peerage of England were ever before rated in such a Bill For the first my Lords this way is an Ancient and a known way it began in the time of that Wise and Victorious Prince King Ed. 3. as appears upon Record in Rotulo Parliamenti de Anno 51. Ed. 3. Numero 19. And I assure my self neer upon three hundred years continuance is able to challenge both allowance and imitation from this present Age. During the Reign of R. 2. his Grand-child this course of raising money by the Poll was again put in practice as an advantagious and a speedy way Your Lordships shall find one example of it in the Parliament Roll de Anno 4. Rich. 2. n. 15. being almost the same with that rate and proportion granted in the time of Edward the Third But that Record which comes home to this case and is an identical president in the very particular before your Lordships to give you full satisfaction is found in Rotulo Parliamenti in Parliamento 2. for the miseries at home and the calamities abroad caused in one year sometimes two sometimes three Parliaments in those elder times de An. 2. Rich. 2. n. 14. where the Dukes Earls and Barons are all particularly rated and the Duke of Britain is there assessed as a Duke though he were a Free Prince and had only the Title of Earl of Richmond in England Nay my Lords the House of Commons at this time hath come far short of the same president in favour of the Noble Ladies for whereas the Countesses Dowagers were rated at the same proportions with Earls and the Widows of Barons at as high a rate as the Barons themselves we have now eased them of two parts of that and only charged them with the third I hope now your Lordships have seen both reason and president for our proceedings at this time you will be pleased to believe that the House of Commons will be as careful and tender of your Lordships Rights and Priviledges as of their own We know my Lords that this is the way to preserve peace and unity between us which as it is always expedient so is it at this time most necessary For the two Houses are as the two Arms of the Kingdom if we hold fast together we shall be able to Accomplish great things worthy to be transmitted to after-Ages but if we dissever and disunite we may end in ruin and calamity So much of the said Record as concerns the rating of the Nobility and Gentry is here added it being presented thus ready written at the said Conference Rot. Parliamen in Parliamento 2. de An. 2. Rich. 2. N. 14. Le Duc de Lancastre le Duc de Bretaigne chescun a x. Markes chescun Conte D'engleterre iiii l. Chescun Countesses veoves en Engleterre a tant come les Count iiiii l. Chescun Baron Baneret ou Chivaler qui poet a tant dispendere xl s. Chescun Baronesse veove paiera come Baron Banresse come le Baneret xl s. Chescun Bachiler chescun Esquier qui per Le statute deveroit estre Chivaler xx s. Chescun veove Dame feme de Bachiler on Esquier al afferant xx s. Chescun Esquire de meindre estate vi s. viii d. Chescun feme veoxe de tiel Esquire ou Marchant suffisant vi s. viii d. Chescun Esquier nient possession de terres ne chateux quest en service ou ad este armes iii. s. iiii d Captain Pollard this day Petitioned the House Captain Hugh Pollard Bailed that he might have liberty to go into the Country to visit his Father who lay very sick and was so far displeased with him upon the misfortune of his Accusation that he was afraid he would dis-inherit him and the Earl of Essex and another Lord offering to be Bail for him it was Ordered That by Warrant from the Speaker he should be delivered from the Gate-House to the Serjeant at Arms who was to take Bail of 1000 l. from himself and 500 l. apiece from his Bail Thursday July 1. Stannery Bill passed the Commons The Articles against the Judges Voted for his appearing upon Monday three weeks The Bill for Regulating the Court of Stanneries was this day read a third time and passed the Commons Mr. Hide reports the Articles against Judge Crawley Sir Humphrey Davenport Lord Chief Baron of the Exchequer Sir Thomas Trevor Baron of the Exchequer Sir Richard Weston Baron of the Exchequer which were singly Voted and ordered to be Engrossed and a Conference to be desired with the Lords and that Sir Randal Crew 's Case be then recommended to their Lordships to move his Majesty to recompence him with Honour for his Sufferings for the Publick Upon Mr. Peard's reporting of the Case of Mr. Faunt Mr. Peard Reports Mr. Faunt's Case it was Resolved c. That the Sentence in the Star-Chamber against Sir William Faunt was without ground of any thing that appears either in answer or proof Resolved c. That the said Mr. Faunt and his Father as Co-executors ought to be restored to all that was paid either by Sir William Faunt or them Resolved c. That the Cause be represented to the Lords to the end the Sentence may be reversed and the Parties restored to all that they and their Testators have paid Resolved A Vote against the Council Board c. That neither the Body of the Lords of the Council nor any one of them in particular as a Privy-Councellor hath any power to imprison any Free-born Subject except in such Cases as they are warranted by the Statutes of the Realm Engrossed Articles against Lord Chief Justice Bramston Friday July 2. Lord Chief Baron Davenport the Judges Crawley Weston Trevor and Berkley voted to be carried up to the Lords The Bills against the Court of Star-Chamber and High-Commission Court Bills against Star-Chamber c. Carried up to the Lords with the amendments passed and carried up to the Lords by Mr. Capel as also the Bill for raising Mony for the speedy disbanding the Armies and to move their Lordships to desire of his Majesty his Royal Assent to them with all convenient Expedition The Bill for the Poll-mony with the Amendments were twice read in the House of Lords and agreed to with this Memorandum Memorandum A Salvo entered by the Lords about the Poll Money That a Salvo be entred for the preserving the Priviledges of Peers of this Realm for Rating and Taxing themselves in Subsidies by Members of this House in time of Parliament This day was read a third
Act for prevention of vexatious Proceedings touching the Order of Knighthood 5 An Act for the better Ordering and Regulating of the Office of the Clerk of the Market allowed and confirmed by this Statute and for the Reformation of false Weights and Measures The Private Bill was An Act for the assuring a Messuage called Duresme House aliàs Durham House and certain Stables part of the Possessions of the Bishop of Duresme situate in the Parish of St. Martins in the Fields in the County of Middlesex unto the Right Honorable Philip Earl of Pembroke and Montgomery and his Heirs and of a yearly Rent of 200 l. per Annum to the said Bishop of Duresme and his Successors in lieu thereof Then his Majesty took his leave of the Parliament telling them He hoped to give good Expedition in disbanding both Armies and that he would make what haste he could if possible to return before Michaelmas Declared and Voted by this House Nemine contradicente Declaration of the Lords abount the choice of their Speaker That the certain and undoubted Right of this House to chuse their Speaker and that the Speaker is not to depart when this House sits without the leave of this House and that this Order be added to the standing Orders of this House The Lords Commissioners reported Propositions of the Scottish Commissioners about Difficulties of their Army marching away Aug. 10. 1641. That the Scottish Commissioners desire them to represent to the King's Majesty and the Parliament That in respect of the great Rain which hath fallen in the North whereby the Cannon cannot be carried through Kynsidmire nor can the Scottish Army cross the River Tweed his Majesty may be graciously pleased with consent of the Parliament to permit the Scottish Army to March through Berwick since there is no other Passage But for all they were our dear Brethren of Scotland neither the Lords nor Commons were without Jealousy of them as appears by these following Particulars The House of Lords taking this desire into Consideration did appoint the Lords Commissioners to speak with the Scots Commissioners and propose unto them the making of a Passage for their Army over the Tweed with a Bridge which the Lord General shall have Order to make The Old Proverb is Make a Retreating Enemy a Bridge of Gold they had made the Scots a Bridge of Silver which Cost England above a Million of Money and now they were very willing to see them gone To which purpose at a Conference this Day the Commons acquainted the Lords That whereas formerly it was intimated at a Conference Report of the Conference about the Scottish Army That the Scottish Commissioners declared that their Army would draw themselves into a Camp and begin to March away out of this Kingdom within 48 Hours after they had received the Monies of Arrears at New-Castle and the 80000 l. in part of the Brotherly Assistance and had Security for the Payment of the rest the House of Commons having now paid them all their Arrears at New-Castle and 80000 l. in London and have performed all that was agreed to be performed by them they desire that the Lords Commissioners may move the Scots Commissioners in the Name of both Houses of Parliament that their Army may march away according to their Promise And further that the House of Commons desires this House would joyn with them to write Letters to the Lord General of the Kings Army to disband the Horse and Foot presently that so Peace may be setled and all Jealousies removed Whereupon it was Ordered by the Lords Order of the Lords for Exemplifying the Acts for Pacification and Brotherly Assistance that this House will joyn with the Commons in the Desires of this whole Conference It was also this day Ordered That the two Acts of Parliament the one for the Brotherly Assistance the other for the Confirmation of the Treaty between the Two Kingdoms shall be transmitted into the Chancery by Writs of Certiorari directed to the Clerk of the Parliament and shall be Exemplified by the Clerks of the Petty Bagg in a Secretary Hand and this to be the Warrant in that behalf The House after their return from the Lords House Commissioners to be sent into Scotland fell into Debate about sending some Commissioners from either House into Scotland and accordingly it was Resolved c. That some Commissioners shall be sent into Scotland for these Purposes authorized by both Houses to see and take Care that the Acts that concern this Kingdom be perfected in the Parliament of Scotland and from time to time to give his Majesty a true understanding of the Proceedings of the Parliament here the Lords to be moved to joyn in Petition to move the King for it The Bill for Tonnage and Poundage passed and Mr. Solicitor was sent up with it to the Lords to desire That this Bill may pass by special Commission and that it may be so contrived that the Bill may pass before the King is gone out of the Kingdom And it was immediately read three times successively in the Lords House and passed as a Law Nemine contradicente This Day the King set forward in the Afternoon upon his Journey to Scotland accompanied with the Prince Elector the Duke of Lenox The King sets forward his Journey to Scotland Wednesday August 11. now created Duke of Richmond and the Marquiss Hamilton A Letter was this day read in the House of Commons to be sent to the Earl of Holland to give Order for the speedy disbanding of the rest of the Army both Horse and Foot Message to the Lords about the Bishops that were impeached A Message was sent to the Lords to desire That the Bishops may be put to a present Answer in the Presence of the Commons as was formerly desired the House of Commons being ready to make good their Accusation and Sir Arthur Haslerig to go up with this Message and to desire a Conference about it Mr. Glyn reports the Conference with the Lords about the Bishops That the Lord Privy Seal told them The Lords Answer about the Impeachment of the Bishops That some Daies since they had received an Impeachment against the Bishops delivered at the Bar by Word of Mouth accusing them of many great Crimes and Misdemeanors and that this House did desire that the Bishops may be put to a present Answer at the time when the Impeachment was delivered They were Matters of great Consequence and coming from the House of Commons they were very curious not to proceed but in a Parliamentary Way upon good Consideration whereas the Charges were in general only He said further There were two Ways of proceeding there by transmission from this House or by a Charge by Word of Mouth in this latter the Course is to appoint some of the Kings Council to draw up particular Charges out of the General that they would proceed no wayes till they had
part ought to give Denomination to the Whole and that in that great Defection the Protestant Nobility Gentry and Commonalty and even some of the Ancient Native Irish Nobility to their Immortal Glory persevered in their constant Loyalty and Fidelity to their Lawful Soveraign and did not amidst so many Hazards and Hardships Difficulties and the most pressing Dangers relinquish the gasping Interests of their Royal but Unfortunate Master till after they saw both Him and All their Hopes notwithstanding their most Vigorous and Generous Attempts and Endeavours Breathless and Deplorate and that nothing less than a Miracle of Providence was capable of giving them a Resurrection and even then when they submitted their Necks to the Iron Yoke of the prevailing Usurpers who had Murthered and Dethroned the Father and Banished his Son and Successor our now Gracious Soveraign it was not without a Wise Prospect which the Illustrious Prince James then Lord Marquiss now Duke of Ormond and by that Noble Title as a mark of his Majesties Favour and for his Extraordinary Merits Conduct and Sufferings created a Peer of the Realm of England even then had that it might be to his Majesties Advantage and that reserving themselves to a better Fortune they might upon any Turn of Affairs be in a Capacity to Exert that Loyalty which under all their Pressures lay still warm in their Dutiful Hearts and Willing Inclinations And this I find justified by the Lord Brohall late Earl of Orrery in a small Treatise written in answer to a Printed Letter of P. W's where his Lordship to shew how much the Protestants Exceeded the Papists in Loyalty and Duty to the King hath this Remarkable Passage IN the Year 1650 The Earl of Orrery's Answer to P. W. printed at Dublin 1662. p. 27. saith he speaking of his Grace the Duke of Ormond then Lord Lieutenant of Ireland he permitted all those worthy Protestants which till then had served under him to come off to the rest of the Protestants though then headed by Ireton Esteeming them Safer with that Real Regicide so accompanied than with those pretended Anti-Regicides the Papists so Principled And adds he if so Faithful and Wise a Servant to His Majesty as the L. Lieutenant had had any Hopes that the Irish Papists would ever have returned to their Loyalty doubtless he would never have sent away from them so many Powerful Helpers of it and Friends unto it and if he had not had more than Hopes that the English Protestants would return to their Obedience as soon as they had Power The Wisdome of his Grace's foresight has been happily Justified in the Result For all the Protestants which then came off were Eminently Instrumental and Concurring in the Duty of accomplishing that happy Event speaking of his Majesties Restauration I dare as truly as confidently say That most of the Protestants of Ireland only served under the Vsurpers but to bring the Irish Papists to those Terms which without the force of English Swords they would never have been brought to it being too Evident that nothing could bind them but Steel and Iron So far his Lordship But still I am to inform the Reader That the name Protestant whether his Lordship intended that limitation or no I know not and this fair Character ought to be under the restriction of being only applied to those Loyal Protestants who firmly adhered with his Grace the Duke of Ormond to their Duty and Allegiance to his Late Majesty for there were another sort of People who glory much in the Title of Protestants the Covenanting Presbyterians and Schismaticks who were all along as bitter Enemies to his Majesty and his Interests and who by their refusing to submit to his Majesties Authority vested in the Lord Lieutenant did as considerable Mischiefs to the King's Affairs and were in reality no less Rebels than the Papists against whom they fought Nor is it only to gratifie the Curiosity of the Inquisitive that I think it necessary to give this Preliminary account of the state of the Irish Affairs some time preceding and to shew the probable Reasons that occasioned this Great Revolt and Insurrection but also to wipe off the stains which some mens Tongues and Ink have maliciously fixed upon the most Innocent Reputations in the World And indeed such is the Nature of those Corroding Vices of Envy and Detraction that the most polished and brightest Integrity is not Armor of Proof sufficient against the Rust of Time and Popular Calumnies however it is a Duty we ow to Posterity to transmit to them the clearest Accounts we can of Truth and not to suffer the Illustrious Fame of Great and Worthy Men to lie Buried under the Rubbish which prevailing Faction and the accumulated Malice of those who wrought their Ruin hath heaped upon them though to Ingenuous and unprejudiced Persons the greatest Vindication that they are Capable of is the Consideration that they were Enemies who raised those Calumnies and therefore not worthy to be Credited or Regarded It was one of the Common Topiques of those wicked Miscreants the late Usurpers and Regicides who made a Trade of Slandering the Foot-Steps of the Lord 's Anointed constantly to insinuate into the Minds of the People that his late Majesty was the Occasion of the Irish Rebellion and that it was not suppressed was perpetually charged to his Score as the Reader will hereafter have frequent Opportunity to observe but that the direct contrary was the most evident Truth I doubt not but from many clear and undeniable Testimonies I shall be able in the following Collections to Evince even beyond all possibility of Doubting The Irish Rebels indeed at first made his Majesties Authority a pretence for their Treasonable Rebellion as in due time we shall see and the English Rebels as greedily laid hold upon that wicked and groundless Pretension as if it had been the greatest Reality but to manifest how false both the one and the other Calumny was I will give a short hint out of the abovementioned Book of the Earl of Orrery where I find these Words In the Year 1641 speaking of the beginning of the Rebellion the Irish Papists saith he pretended His Majesties Authority the pretending whereof Earl of Orreries Answer to P. W. p. 29. having been so horrid a Sin for it was no less than to have Intituled His Sacred Majesty to all their unparalell'd Crimes nay to have made him the Author of them I think it a Duty to the memory of that Glorious MARTYR to present the Reader with what will clearly Evince their Malice to be as great as His Majesties Innocence I will therefore only cite the Preamble of their own Remonstrance delivered by the Lord Viscount Gormanston Sir Lucas Dillon and Sir Robert Talbot Baronet to His Majesties Commissioners at the Town of Trim in the County of Meath on the 17th of March 1642. In which Remonstrance of Grievances for so they called it after they had taken
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
hearty and kind Affections to my People in general and to this City in particular as can be desired by loving Subjects The first I shall express by governing you all according to the Laws of this Kingdom and in maintaining and protecting the true Protestant Religion according as it hath been Established in my two famous Predecessors times Queen Elizabeth and My Father * * Too Prophetically spoken and this I will do if need be to the hazzard of My life and all that is dear unto Me. As for the City in Particular I shall study by all means their prosperity And I assure you I will singly grant those few reasonable demands you have now made unto me in the Name of the City and likewise I shall study to re-establish that flourishing Trade which now is in some disorder amongst you which I doubt not to effect with the good assistance of the Parliament One thing I have thought of as a particular Affection to you which is to give back unto you freely that part of London-Derry which heretofore was Evicted from you This I confess as that Kingdom is now is no great Gift but I hope first to recover it and then to give it to you whole and intirely And for the Legal part of this I command you Mr. Recorder to wait upon me to see it punctually performed I will end as I began to desire you Mr. Recorder to give all the City thanks in better Expressions than I can make Though I must tell you it will be far short of that real contentment I find in my heart for this real and seasonable Demonstration of their Affections to me Sir Richard Gurney the L. Mayor and the Recorder Knighted His Majesty having ended this gracious Speech was pleased to confer the honour of Knighthood upon the Lord Mayor and Mr. Recorder with the City Sword and both their Majesties gave them as also the Aldermen City Council and Officers the honour of kissing their Royal hands This Ceremony being over His Majesty and the Prince alighted out of the Coach and took their Horses the Queen Duke of York Princess Mary Prince Elector and the Dutchess of Richmond still remaining in their Coaches In the mean time by the care and pains of the two Captains of the Companies and of the three Marshals that were appointed for this days Service the 500 Horse-men of the Liveries and their Attendants were brought in Order and the Command being given faced about in order to the conducting of their Majesties into London which brave appearance gave great satisfaction to His Majesty and the rest of that Illustrious Company The whole Cavalcade was Marshalled in this Order The City Marshall The Sheriffs Trumpeters The Sheriffs Men. Messengers of the Chamber Citizens in their Velvet Coats and Chains The City Councel and Officers The Aldermen The Princes Trumpeters The King's Trumpeters Gentlemen of the Privy Chamber Knight Marshal Pursivants at Arms. The Lord Chief Justice of the Common-Pleas being a Knight of the Privy Council Barons Lord Goring Lord Coventry Lord Fielding Lord Digby Lord Moubray Viscount Conway Heralds Earls Earl Rivers Earl of Bath Earl of Cumberland Earl of Essex L. Chamberlain of the King's House Duke of Richmond Clarencieux and Norroy Lord Keeper Lord Privy Seal Sergeants at Arms among whom one for the City Quirries and Foot-men The Prince's Highness Quirries and Foot-men Garter The Lord Mayor carrying the Cities Sword by His Majesties special appointment as a grace and favour at this time A Gentleman-Usher daily waiting Lord Great Chamberlain Marquess of Hertford bearing the Sword of State Earl Marshal The King's Majesty The Queens Majesty in her Coach richly Embroydered and with her the Duke of York the Princess Mary and the Prince Elector Marquess Hamilton Master of the Horse leading the Horse of State The Earl of Salisbury Captain of the Pensioners The Gentlemen Pensioners with their Pollaxes all mounted with Pistols at their Saddles The Earl of Holland Lord General beyond Trent and after him Viscount Grandison with many other principal Commanders in the late Northern Expedition After them divers Ladies and other Persons of Great Quality The Yeomen of the Guard In this Order they marched towards London and entred the City at Moor-gate where their Majesties were welcomed with a noise of Trumpets appointed to attend there to that purpose from which place to Bishops-gate and so through Corn-hill to St. Laurence Lane's End in Cheap-side the Companies in their Liveries stood on the left hand as their Majesties passed by the Rails of the Standings being covered with Blew Cloth and the Standings themselves being richly adorned with Banners Ensigns and Pendants of the Arms of each Company respectively Nine Companies of the Twelve standing in the Morning the Lord Mayor's Company beginning against St. Laurence Lane's End and the other Eight in their Order towards Bishops-gate the rest of the way to Moorgate being supplied by some of the inferiour Companies the outsides of the Houses all the Way their Majesties passed being adorned with rich Tapestries On the North side of the Street four Foot distant from the Houses were Rails placed to regulate and keep the People in good Order from Bishops-gate to Corn-hill and so to Temple-Bar at the beginning of which Rails viz. at Bishopsgate by the direction of the 2 Captains and 3 Marshals the first Horse-men of the Liveries began to make a Stand the first Rank of them placing themselves single faced to the Liveries that were in the Standings and the rest passing along placed themselves in the same Order The Trumpets and Pendants of each Company standing in the Front and then the Companies themselves the youngest being next to the Pendant and so upwards by Seniority to the Master of the Company who took his place last Then began the Pendant and Youngest of the next Company to make their Stand and so in Order till they came to St. Laurence Lane's End there being five Foot distance from one Horse to another in which space stood each Horse-man's Foot-man with a Truncheon in his hand so making a Guard for their Majesties and the rest of the Train to pass through And it fell out that most of the Companies of Horse were placed right against their own Companies in the Standings The People that were Spectators in the Streets were bestowed part behind the Horse and part behind the Liveries and by this good Order their Majesties and the whole Train passed quietly and without the least interruption Their Majesties coming along Corn-hill seven Trumpets that were in the Clock-house of the Royal Exchange gave their second welcom into the City and as they passed along the Conduit in Corn-hill and the great Conduit in Cheapside ran with Claret Wine to express the Liberality of the City for that Joyful Day And all the Way as their Majesties passed along the Streets resounded again with the Loud and Joyful Acclamations of the People crying God bless and long
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
time of this Noble Lord's Defences he did not so much as crave any of our Opinions or acquaint us with any thing that tended that way and for the matter of Law Those Statutes cited by himself and offered to your Lordships Consideration were none of our stock but taken up at his own adventure I do not speak this to derogate from the pertinency of those Statutes for they shall be the subject of my Discourse but that the Noble Lord may not be disappointed of your Lordships right Conception and his own due praise My Lords It is your Pleasure we meddle not with matter of Fact and indeed we need not meddle at all with it because we hope it is already done and that sufficiently to our hands yet the matter of Law doth so naturally arise out of the matter of Fact that of necessity by your Lordships Favour we must sometimes touch on this if we speak to that Nor do we conceive it possible for us to speak advantagiously enough for the Lord Strafford 's just Defence unless the whole matter of Fact be determined as either proved or not proved or at least some states of Questions agreed upon where we may fix and settle our Arguments And so it is my Lords that I have chosen not at all to touch the Matter of law untill your Lordships shall be pleased to chalk me out a Way unless it be to clear your Judgments in one Statute only viz. 25 Ed. 3. because when the same was alledged by the Lord Strafford for his own Defence that not being convict by the letter thereof he could not be convict of Treason I remember the Salvo of that Statute was much insisted upon by those from the House of Commons as much conducing to their Ends. My Lords I will first speak of the Statute it self and then of its Salvo or Provision the Statute is That if any man shall intend the Death of the King the Queen or their Children kill the Chancellor or a Judge upon the Bench imbase the Kings Coyn or counterfeit the Broad Seal c. he shall be convicted and punished as a Traytor That the Lord Strafford comes within the letter of this Statute is not so much as once alledged nor indeed can it be with any Reason All that can be said is that by relation or argument à minore ad majus he may be drawn thither And that this cannot be I humbly offer these Considerations 1. This is a Declarative Law and such are not to be taken by any way of Consequence Equity or Construction but by the letter only otherwise they should imply a contradiction to themselves and be no more Declarative Laws but Laws of Construction Secondly This is a Penal Law and such if our Ground hitherto unquestion'd holds good can admit of no Inductions or Inferences for Penalties are to perswade the keeping of known Laws not of Laws conjectural ambiguous and by Consequence which perhaps the most Learned may not in their disputes question much less the Subject who is not to interpret the Statute doubt of in the point of Obedience nay rather without doubt he is to obey the letter of the Statute and conceive and that truly that he is not liable to the Penalty Thirdly We have a notable Statute 13 Eliz. c. 2. whereby it is declared That the bringing of Bulls from Rome to stir up the Subjects to Mutiny and Rebellion shall be punished as Treason Now if by interpretation or by consequence this sense might have been thrust upon preceding Statutes the making this had been superfluous and the persons then charged with that Crime might have been impeached of Treason even before the making of this Act. Fourthly Anno 21 Ed. 3. we have a Statute declaring That for a Servant to kill his Master is an Act of Treason and in the 27th Year of the same King a Process was framed against a man of Treason for Killing his Father grounded upon the same Argument à Majori ad Minus but it was found and the Sentence is yet in the Records that although in the 21 of Ed. 3. that Argument might have been admitted yet in the 27 it could not by reason of the Declarative Law intervening in the 25th Year And this Case comes very home to the point in hand My Lords I will not demand what kind of Offence it may be for a man to Subvert the Fundamental Laws of a Kingdom the Crime doubtless is unnatural and monstrous and the punishment must keep the same proportion only I must presume to offer these few things to your consideration 1. That one or more Acts of Injustice whether malitiously or ignorantly done can in no sense of Law be called the Subversion of the Fundamental Laws otherwise as many Judges perhaps so many Traytors It is very incident to Man's Nature to Err nor doth the Lord Strafford plead his Innocence in Oversights but in Treason 2. I do remember the Case of John de la Pool Duke of Suffolk this man in the 26 H. 6. was charged by the House of Commons with Eight Articles of Treason and those too very like to these against the Lord Strafford 1. That he had given the King bad Advices 2. That he had embased his Coyn. 3. That he had Sessed Men of War 4. That he had given out Summary Decrees 5. That he had imposed Taxes 6. That he had Corrupted the Fountain of Justice 7. That he had perswaded the King to unnecessary War 8. To the giving up Anjou in France Ovum Ovo And for all these though he was charged with High Treason for wronging the Right of the Subject and Subverting the Fundamental Lawes of the Kingdom yet after long agitation the matter was found by the Lords in Parliament not to imply Treason but only Felony Add to this another Case in the 23 H. 8. where one was charged for Subverting the English Laws and yet no Treason charged upon him Add to both these the Case of Richard Larkes pleaded at the Common-Pleas who was charged with Treason for subverting the Law but convicted only of Felony By which you may see my Lords what to this time hath been the Judgment of subverting the Lawes Thirdly It is very considerable That the Lord Strafford is not charged to have Subverted the Laws but only to have Intended to subvert the Fundamental Laws and this I conceive if there were no more might keep him free from that Statute of 25 Ed. 3. for although as touching the Life of the King the Queen and Children Intention is a Treasonable Act yet in all other things there mentioned there must be Action besides Intention For it is not said That if a Man doth intend to kill a Chancellor it shall be Treason but only if he doth kill him and if he doth Actually counterfeit the Broad Seal And although a man should prepare a Furnace make ready his Stamp and melt his Bullion yet if he gives not the King's Impress
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
Sir John Culpeper Message about the payment of the Scots the arrear of the Brotherly Assistance to acquaint their Lordships with Three Votes made in their House concerning the Scots Two Voted the 19th of this Instant June and the other made this Day and desired their Lordships to take them into Consideration and Confirm them The Votes were these Resolved That one Moiety of the Brotherly Assistance that is in Arrear shall be paid at Midsummer come 12 Month and the other Moiety at Midsummer come 2 Years Resolved c. That an Act of Parliament of Publique Faith shall pass for Security to be given for the Brotherly Assistance that is in Arrear Die Veneris 25. Junii 1641. Resolved c. That the House of Commons doth declare That the Sums of Money Arrear for the Brotherly Assistance to be comprised in the Act of Parliament is 220000 l. Then it was Resolved upon the Question by the Major part of the Lords That this House doth approve of these Votes of the House of Commons Memorand That this Vote doth not Engage this House in any Moneys but to strengthen the Votes of the House of Commons thereby to prepare an Act of Parliament for the Publique Faith An Officer being sent with a Warrant to apprehend Father Phillips and Waiting for him at Whitehall Complaint was made to the King about it And the Lord Chamberlain by the King's Command sent for the Officer to Examine him by what Authority he came into the Verge of the Court to attach any person who shewing him his Warrant desired he would trust him with it to shew it to the King Which the Officer did and the Lord Chamberlain soon after returning gave this Answer That his Majesty would Satisfie the House about it if Phillips did not appear Thus did these men who made such Outcries against the least infringement of their Priviledges make no scruple to invade the Undoubted Priviledge of his Majesty and his Royal Court. However Phillips did appear in the Afternoon before the Committee where he was Examined about this Ensuing Letter as I find it in the Book of Speeches Copy of Father Phillips his Letter to Mr. Mountague in France THe good King and Queen are left very naked the Puritans if they durst would pull the good Queen in pieces Can the good King of France suffer a Daughter of France his Sister and her Children to be thus affronted Can the Wise Cardinal endure England and Scotland to unite and not be able to discern in the end it is like they will joyn together and turn head against France A stirring active Ambassador might do good Service here I have sent you a Copy of the King's Speech on Saturday last at which time he discharged his conscience and was advised to make that Speech by the Earl of Bristol and the Lord Sey but I believe there is a mistake in the Writing and that it should have been the Lord Savyll This Speech did much operate to the disadvantage of the Earl of Strafford for the Commons were much thereby incensed and inflamed against him and this brought forth the next day being Monday a Protestation which was taken in both Houses of Parliament of the same nature but rather worse then the Scottish Covenant The Londoners who were very boysterous came upon Munday 5 or 6000 and were so rude that they would not suffer the Lords to come and go quietly and peaceably to their Houses but threatned them that if they had not Justice and if they not his Life it should go hard for all those that stood for him following them up and down and calling for Justice Justice Justice There was in the House of Commons fifty six that denyed to pass the Earl of Strafford 's Bill their Names were taken and they were fixed upon Posts in divers parts of London and there was Written over the Head These are Straffordians the betrayers of their Country By this means it came to pass that the Lords and Judges were much affrighted and the most of his Friends in the Lords House forsook him all the Popish Lords did absent themselves the Lord of Holland and Hartford were absent so was Bristoll and others Savyll and the Duke only stuck close and faithfully to him and some few other Lords God knows the King is much dejected The Lords much affrighted which makes the Citizens and House of Commons shew their Heads some have braved little less then to unthrone His Majesty who if he had but an ordinary Spirit might easily quash and suppress these People Our good Queen is much afflicted and in my Conscience the Puritans if they durst would tear her in pieces this cannot be for the Honour of France to endure a Daughter of that Nation and her Children should be thus oppressed and affronted The Earl of Holland is made General of the Army whither he is gone down The Earl of Newport Master of the Ordnance Belfoard the Lientenant of the Tower hath proved an errand Traytor to the King who commanded him upon his Allegiance to receive a Captain and 1000 men into the Tower which he most Traiterously refused to do one clause is omitted which should have been placed in the middle of the Letter which was to this effect that there was a report in London That the Parliament House was on fire whereupon there were more then 1000 People very suddenly gathered together whereby you may easily perceive the hight and violence of the Peoples affections May 6. Anno Dom. 1641. This Letter was thought to be sent from a Priest calling himself Father Phillips to Mr. Montague There was another Letter and that was sent from one Robert Philips one of the Queens Priests and it is supposed to be to Master Montague to this effect You may expect some company with you ere long Crofts Suckling Piercy Jermyn are gone all things here are in great incertainties Protestation is made and taken by both Houses much like but much worse then the Scottish Covenant I sent you some money by Master Jermyn but now that he is gone I make some doubt whether he might be mindful of you to take it with him I have spoke to the Queen about your occasions and will do what I can though I am not able to undertake much Your Loving Friend Francis Philips There is one Passage in this Letter which makes me apt to suspect it to be a Forgery of some of the Party and that is in the 5th Paragraph where speaking of the Earl of Strafford he saith That most of his Friends in the Lords House forsook him all the POPISH Lords did absent themselves For certainly no Roman Priest would call them Popish but Catholique Lords which is their constant Dialect when they speak of those of their own Sect and a peculiar Honour they arrogate to themselves whereas they disdain the word Popish as generally bestowed upon them in Distinction and Contempt by the Protestants Let it be
That they would not have done this but upon inevitable Necessity the Peace and Safety of both the Church and State being so deeply concerned which they do however declare to the End that neither any other Inferior Court or Councel or any other Persons may draw this into Example or make use of it for their Encouragement in neglecting the due observance of the Lords Day Which being read Sir Jo. Culpeper Ordered to carry up this to the Lords for their Concurrence was assented to Nullo Contradicente Ordered That Sir John Culpeper carry up this Order to the Lords and to acquaint their Lordships how it past Nullo contradicente and that if it pass so in their House to desire it may be so entred that it may appear to Posterity with what Vnanimous Consent both Houses of Parliament are solicitous for the due Observation of the Lords Day and likewise to desire of their Lordships That it may be printed as the Declaration of both Houses To which the Lords also assented Nullo contradicente Which being done it was ordered to be entred in the Journals and printed for Satisfaction to Posterity A Proposition from the French Ambassador This day the Earl of Warwick reported that the French Ambassadour was with him and desired his Lordship That he would acquaint this House That he desired leave for the Raising and Transporting of a Regiment of English Souldiers for the Service of the French King and in particular the Earl of Carnarvan 's Troop of Horse and he said if occasion requires hereafter to imploy them in the Service of the Palatinate the French King would add Ten Thousand Foot to them in that design Hereupon the House thought fit that the French Ambassadour set down his Proposition in Writing Duke of Lenox made Duke of Richmond and Introducted Monday August 9. and then present it to this House This Day the Lord James Duke of Richmond was with the Usual Solemnity Introducted his Writ bearing Date 8th Aug. 1641. Ordered That the Gracious Answer from his Majesty be entered in the Journal of the House His Majesty sent this following Message to the House That his Majesty forgot to tell the Houses yesterday one Thing That his Businesses are so well prepared in Scotland that he shall make no long stay there and intends to be back before Michaelmas A Message from his Majesty and it may be by the midst of September Concerning the Army which he is sorry is not already disbanded but upon the Word of a Prince he will do his best and hopes not without good effects for the speedy Disbanding thereof That besides the Bill for the Scots Treaty another Bill will come down from the Lords for securing the Government in his Majesties absence And his Majesties Command at this time is to signify his desire to the House that they pass both these Bills some time this Day that so his Majesty may give his Assent unto them His Majesty desires the speedy passing of this last Bill conceiving that the passing thereof may assist his Majesty in the desired disbanding of the Armies And that when his Majesty upon Saturday bid the Lords severally Farewel his Intent then was to both Houses which if they did not so understand it his Majesty now commanded to signifie it as his Intention therein A Message was brought from the House of Commons by Mr. Message from the Commons to have E. Pembroke made L. Steward and E. Salisbury L. Treasurer Hollis to let their Lordships know That they understand that the Lord Steward is to go beyond the Seas with the Queen and so is to resign his Staff The House of Commons desires their Lordships to joyn with them to move his Majesty that he may resign his Staff to the Earl of Pembroke who is a very fit Person for that Place And further he was commanded by the House of Commons to signifie That they have taken into Consideration the setling of the King's Revenue and because it will be requisite to have a Lord Treasurer that is a Person of Honor and Abilities they have Voted Nemine contradicente the Earl of Salisbury to be a very fit Person for that Place therefore the House of Commons desires that their Lordships would joyn with them to recommend him to his Majesty for that Place The Bill for the Commission from his Majesty to give the Royal Assent to certain Bills c. was passed the Lords and carried down to the Commons A Message was brought from the House of Commons by Sir Arthur Haslerig Bill for publick Faith for Brotherly Assistance passed the Lords who delivered from the House of Commons the Bill of Publick Faith for securing by publick Faith the Remainder of the friendly Assistance and Relief promised to our Brethren of Scotland which was read immediately three times successively and being put to the Question and it was Consented to pass as a Law Nemine contradicente The Bill for Regulating and better Ordering the Clerks of the Market being read a third time passed the Lords House Tuesday August 10. Clerk of the Markets Bill passed the Lords House Conference about the Commission to pass Bills in the Kings Absence A Conference having been desired by the Commons concerning the Bill to strengthen the Kings Commission for passing Acts in his Absence it was thus reported by the Lord Keeper That the House of Commons had returned the Commission and the Act to enable the Commission with some Amendments and desired that some Additions might be made both to the Commission and to the Act for the Commons conceive that they are both too Particular and not General enough which may be very prejudicial For 1 They find no President that a Parliament was ever Sitting without a General Power 2 It might be a dangerous President to accept of a Limited Commission by an Act of Parliament 3 There may happen Emergent Occasions for the Safety of the Kingdom which cannot be foreseen therefore 't is dangerous to accept of such a Limited Commission by an Act of Parliament His Majesty being come to the House The King passes Bills in the Lords House for Pacification c. and the Commons with their Speaker being come up according to the usual manner these following Bills were passed 1 An Act for the Confirmation of the Treaty of Pacification between the Two Kingdoms of England and Scotland 2 An Act for securing by Publick Faith the Remainder of the Friendly Assistance and Relief promised to our Brethren of Scotland 3 An Act for the free bringing in of Gun-Powder and Sal-Petre from Forreign Parts and for the free making of Gun-Powder in this Realm Memorandum His Majesty said he hoped that the Parliament would consider of a Bill for making of good Gun-Powder and for preserving the Sal-Petre Works for the Defence of this Kingdom and if they did not He professeth Himself to be clear of the Inconveniences which else will follow 4 An
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
was out of Town but a Member of their own House upon View of it is ready to Depose that their Names were Entred among those that did subscribe to it Wherefore the House of Commons desire your Lordships in the first place to consider whether they that take to themselves a Legislative Power destructive to Parliaments be fit to exercise that Power of making Laws which only belongs to the Parliament Secondly Whether it be safe for the Common-Wealth that they should be trusted with making Laws who as much as in them lay have endeavoured to deprive the Subject of these good Laws which are already made A third Reason is this That they stand Accused of Crimes very hainous That is of Sedition Secondly of Subversion of the Laws of the Kingdom this will easily appear in the Nature of the Canons themselves as also by the Votes to which your Lordships and the Commons have already agreed Here the Votes of both Houses were read by Mr. Goodwin For the second Proposition he said That should be handled by one that will do it with more advantage of Reason and Learning then he could do therefore he would leave it to him Then Mr. Solicitor General informed their Lordships Mr. Sollicitor St. John's Speech at a Conference about Excluding the Bishops Votes That the Excluding of the Bishops from Votes in Parliament was not of so general Consequence as that by it the whole Clergy of England was Excluded 1. His first Reason offered was this That the Bishops did not Vote for the whole Clergy for that if it should be so then the Clergy of England should be twice represented and twice Voted for in Parliament This appears by all the Ancient Writs of Summons which till of late were to this effect A Writ of Summons went to the Bishop commanding him Summonire all the Clergy of his Diocess to appear by Proxies of their own chusing What to do Ad consentiendum iis quae de Communi Concilio Regni ordinari Contigerit So that if the Bishops do represent the Clergy then the Clergy are twice represented both by the Proctors and again by the Bishops Now although the Form of the Writs be altered yet the Reason holds and still Remains 2. If they Vote for the Clergy then they are to be Elected by the Clergy as the Members of the Commons House now are but your Lordships voting only for your selves need no Election 3. If they Voted for the Clergy as a third Estate then would follow that no Act of Parliament could be good where they did Dissent but many Acts of Parliament are passed where all the Clergy Dissented And the last he said that came to his memory is the Statute of 1 Eliz. Establishing the Book of Common-Prayer to which all the Bishops did Disassent * There is nothing plainer from this Entry then that the Bishops did Vote for else how could they be entred to disassent and yet he brings it for a president to prove they ought not The Entry in the Roll is Dissentientibus Episcopis and yet the Statute holden for a good Law to this Day This was offered to shew That it might not be conceived that the denying the Bishops to have Votes in this Bill now before your Lordships was of such general Influence as to take from the Clergy any Interest or Priviledges that formerly belonged to them 2. In the second place he said He was to present the sence of the whole House of Commons to your Lordships That the Prelates have not so absolute a Right of Peerage for voting in Parliament as the Temporal Lords have out of Parliament This appears by that of highest Consequence that they are not tryable by their Peers for their Lives but by an ordinary Jury In Parliament they have no Vote in Judgment of Blood Life or Member but if their Peerage were so inherent in them as it is in the Temporal Peers no Ecclesiastical Canons could take it from them Besides in point of Right it hath been Resolved by all the Judges of England 7 H. 8. in Kellaway's Reports That the King may hold his Parliament by the Lords Temporal and Commons without calling of the Bishops and that upon several Occasions especially concerning the Pope or themselves the Bishops have been excluded and their Votes not admitted herein He said He was commanded to offer some Presidents to your Lordships upon the sudden In the Parliament 25 of E. 1. The Bishops refusing to joyn with the Lords and Commons in granting of Subsidies for the good of the Kingdom this was holden at Bury Excluso Clero many Acts were then made never since questioned 35 E. 1. The Statute of Carlisle divers Petitions there exhibited by the Commons concerning the Prelates and Lords Abbots for oppressing the poor Clergy several Acts were made for their Relief but by whom By the King Earls Barons and other Nobles and the Commons only Now in respect the several Ranks of the Nobility are named * Ergo they did Vote and were not Excluded from that Right of their Peerage even in their own Case they did not consent because that in all other Acts where they do consent they are particularly named and if it be objected that they might be there and might give a Negative and therefore were not named among them that did consent it appears that Habito tractatu cum Comitibus Baronibus caeteris Communitatibus the King did Enact those things * This is gratis dictum not proved at all by the Roll. and never called the Bishops to the Debate this appears in the Parliament Book 20 E. 3. Parliament Roll N. 33. The Commons Petition that no allowance be made to the Cardinals that had been in France for Treating of Peace In the Roll it is thus Entred * Ergo the other did dissent Assented unto as reasonable by the Dukes Earls Barons and other the Lay Gents without ever naming the Bishops now the word others Lay Gents shews the Bishops were none of the number that Voted in that Law Secondly it was to be noted That in Acts where the particular Ranks are set down none of the Temporal Ranks have ever been omitted and if the Spiritualty had voted they should have been named though in Vote they had dissented Eodem Anno Num. 35 ad Num. 38. There being two other several Acts made upon Petitions of the Commons the one made against Provisions for some Cardinals and the other to restrain the carrying of Mony to Rome the Answer is made as before by the Dukes Earls Barons and Commonalty never mentioning the Lords Spiritual 3 R. 2. Cap. 3. 7 R. 2. Cap. 3. There are in Print Acts made by the King and Lords Temporal only without the Lords Spiritual The Statute of 7 R. 2. reciting the former Statute of 3 R. 2. which said our Lord the King by the Advice and common Assent of all the Lords Temporal and Commons being in
Vote for them Secondly Temporal Barons have not always been tried by their Peers for 28. H. 6. William de la Poole Duke of Suffolk waved being tried by his Peers and submitted to the Kings mercy upon which the Lords Temporal and Spiritual entred a Protestation that this should not be or turn to the prejudice of them their Heirs nor Successors in time coming but that they might enjoy their freedom in case of their Peerages as largely as their Ancestors and Predecessors had done Thomas Lord Berkley being Arraigned for the Deâ—th of King E. Rot. Par. 4. E. 3. 2 before the Parliament put himself upon his Countrey and the Jury brought him in not Guilty Thus far the Learned Author from whom for the Readers ease and satisfaction in this important particular I have made these short Collections and refer the more Curious to the Book it self I should have given the Reader an account before of the great Complaints of the City against Protections Thursday October 28. but here I present him with the Report which Mr. Reynolds made in the House of Commons upon that Subject which was That the City of London did heretofore present a Petition in the Name of the whole City Report in the House of Commons concerning the Complaint of the City about Protections c. complaining of Protections and Priviledges claimed by Members of both Houses and by the Kings and Queens Servants and having no Redress by their Petition they called a Common Councel and upon a long Debate among themselves they did agree unanimously * This deserves to be taken Notice of for by this it is Easy to conjecture the Grievances of the Nation were aggravated far more then in truth they deserved That this Grievance was greater and more prejudicial to the City and the whole Kingdom than that of Salt Soap Leather and Ship-Money Thereupon they did agree to Address themselves by way of a second Petition to this House and that Petition was referred to a Committee to Regulate Protections this was done 6 July last and during the Sitting of that Committee they attended there two or three times and presented a Book in Folio of the Members of this House that have granted Protections as also the Names of those of the Kings Queens and Princes Servants that were Protected Upon all which they grounded their Complaint which Complaint was there presented in Writing And it was the Opinion of the Committee That it should be read in the House at this time of the Report being Reasons tendred by the Committee appointed by the Common-Councel of the City of London against Protections Priviledges and priviledged Places c. Upon the Reasons mentioned in the Paper and upon other Considerations and after a long Debate and being a tender point to trench upon the Priviledges of Parliament they proceeded unto these two Votes which they commanded me to Report 1. That all the Members of this House should be pleased during the pleasure of this House to wave all Protections for their Menial Servants or others 2. That during the Pleasure of this House all the Lands Estates and Goods of every Member of this House should be Lyable to the Payment of just Debts But for all the Complaints of the City and the greatness of the Grievance which Exceeded all the Monopolies of Salt Soap Leather and Ship-Money put together this was a point so necessarily tender that they made very slow steps toward the Redressing of it or joyning with Mr. Reynolds and his Committee in their Votes And nothing further was at present done in it more than barely to give the Complaint a hearing Had the King Queen and Prince only been concerned in Protections it had immediately been Voted Illegal Unjust against the Liberty of the Subject c. but it too nearly concerned some of them to comply with the Votes of the Committee for if they had particularly I instance in the late infamous Usurper Oliver Cromwell instead of Sitting in the Commons House they were in danger to take up their Lodgings in a Common Prison For had hâ— and many others in the House made all their Lands Estates and Goods lyable to the payment of their just debts they would have been quickly found Bankrupts in Estate then as much as they were afterwards in Honesty and Reputation and unless the Charity of the Faction who obtruded them upon the People for Representatives had maintained them out of the Common Stock they must have wanted Bread as well as they who set them up would have wanted Instruments to carry on their Blessed Work of Reformation which in reality was by many of these hungry and broken Fortunes only to Establish their own out of the Ruins of the Church And therefore to cut off all further Trouble on that side Order to Enter only upon Publick business by letting this Affair and Complaint of the City sleep sine die It was the 28 of October Ordered That in regard of the Weighty and Important Matters in agitation in the House this House will not enter upon any private Matters but into Publick Business only till further Order and this Order to be Printed and Published that so all persons may take Notice of it and regulate themselves accordingly And the truth is they were now deep upon Consultation of the Fatal Point which Ushered in the Rebellion and not only this but many others in former Ages Committee to prepare Heads for a Petition to the King against Evil Councellors c. for a Committee was appointed to prepare Heads out of the whole Debate that has been this day for a Petition to be preferred to his Majesty To prevent the Mischiefs that may happen to the Common-Wealth by the Choice and Imployment of Evil Councellors Ambassadors Judges Officers and other Ministers of State and they are to meet this Afternoon at 4. of the Clock in the Exchequer Chamber and have Power to send for Parties Witnesses Papers and Records and any thing else that may conduce to the Service This day the Certificate of the Two Chief Justices in the Case of Cook and Blackston Friday October 29. referred to them by Order of the House of Lords was Read viz. May it please your Lordships ACcording to your Lordships Order of the 9th of September last touching the business between John Cook Clerk Plaintiff A Case about Superinduction to a Rectory before the Lords and Benjamin Blackston Defendant We have heard the Parties and their Councel on both sides And we find that the said John Cook was Presented Instituted and Inducted into the Rectory of West Thorney in Sussex after the Death of Godfrey Blackston former Incumbent there who died in the Month of January 1637. And that Mr. Blackston procured a Super-institution to this Church and by colour thereof hath gotten the Possession from Mr. Cook We are of Opinion That the Super-institution of Mr. Blackston is void and that Mr. Cook ought
in the Margin he calls Richard Belling R. B. a zealous Nuncionist Whereas though it is true that he was imployed by the Supreme Council to Rome and his Negotiation was the occasion of sending the Nuncio over into Ireland yet when he found the Nuncio and that Party to have other Designs then meerly the obtaining Liberty for their Religion as at first they pretended none were more zealous in opposing them then Mr. Belling or in promoting the Peace and submitting the Irish to the King's Authority he was one among others of the supreme Council who disavowed and appealed from the Sentence of Excommunication procured against the Lord Lieutenant and his Adherents as is evident by a Book which he wrote in answer to one published by French the Titular Bishop of Fernes written in Justification of the Rebellion and the aforesaid Excommunication Pag. 5th of the Preface he saith The Cessation was managed by subtile Instruments of State And because these Words are a little Mysterious p. 29th of the said Preface he Explains himself speaking his own Sentiments in the Language of Col. Crafford's Remonstrance where he hath this passage When I first enter'd on this History I propos'd to my self a Series of the Whole but prest with my own Affairs and matter increasing plentifully upon me I held it rational to Sum up the Whole after I had brought it to the Cessation which some * Col. Crafford's Remonstrance pag. 5. had an apprehension was not a less Plot to deliver the Remainder of his Majesties true Subjects into the Rebels hands and to root out the Protestant Religion Observe this passage then what was commenced the 23 of October 1641. But the Articles of that Cessation speak otherwise necessity being the Ground thereof legible in His Majesties Motives to a Cessation the 19th of September 1643. Which afterwards was highly Controverted and in the end so infeebled as the War according to the first intent was after the Long Parliament grasp'd all pursued with vigour and success The Regicides and Irish Papists might have sharper Swords but surely they had not blacker Ink then Dr. Borlase for either he thought that this passage Of some thought the Cessation a greater Plot against the Protestant Interest and Religion then that of the Irish Papists Octob. 23 1641 was either True or else the most malicious Compendium of Scandal that ever the Regicides or Irish Rebels endeavoured to fix upon His Majesty if he thought it false he should without mumbling the matter between the Teeth of so many Parentheses as he does where he seems to contradict it from His Majesties motives and the Articles I say he ought either not to have mentioned it at all or to have given it a lasting brand of Infamy For by this intolerable Reflection the Character of a worse Plot is put upon His Majesty then the execrable Irish Rebellion to betray the Protestants and their Religion since he himself in the 118 121 124 and 132 pages of his History produces His Majesties Letters to the then Marquess now Duke of Ormond and the Lords Justices Borlase and Tichburn expresly commanding the making of that Cessation for one year And I think to fix this upon the King exceeds even the Exit Tyrannus Regum Vltimus of the Rebels And therefore all along his History he makes some body or other still thinking this Cessation a great Plot against the Protestants and extolls the management of the Parliament who were against it after they had grasp'd all for vigorously and successfully prosecuting the War and indeed it is very suspicious that he both thinks and would have others think this Cessation a Real Plot and that he hath a great Kindness for the English Parliament Rebels appears by the Tenderness he expresses for them as in this Place as if they were in good earnest against the Irish Rebels and the King in good Earnest for them so also P. 135. where he hath these sweetning Words And indeed to give the Parliament their due when they had reduc'd the Affairs of England to their own Module the Rebels of Ireland were frequently Chastized and so affectionately pursued that neither Men Money or Courage was wanting to that Service Expressions so kind and tender that one is tempted to believe these were some of the Nameless Worthies he mentions in his Preface Pag. 25. It may be saith he some whose Excellency consists in Detraction will think by this I had a particular Design besides the History to preserve the Memory of * If these Some were not some of the Illustrious Parliament Regicides as Ireton Cromwell c. why does he not Name them some who otherwise in tract of time might be lost in the Common Rubbish and I dare not disown those Conjectures the deserving being to be in Everlasting Remembrance Nor hath it in all Ages and amongst the Worthiest Persons been esteemed Pride but Justice to Erect Memorials and Altars to Meriting Heroes And I think by this Passage he did not intend to put the Greatest Hero and Martyr into his Calender unless it be to Note him Nigro Carbone I shall have Occasion to satisfie the Reader more particularly when I come to the Vxbridge Treaty and the Papers which then passed betwixt the King and the Parliament in the mean time in short this was the true State of the Matter and then let the World judge what Ground Dr. Borlase hath to revive this black Scandal against his late Majesty and his Grace the Duke of Ormond The Reasons for making this Cessation were plainly the miserable Condition which that part of the English Army under the Command of the Marquiss of Ormond was reduced unto because neither he nor the Officers and Soldiers under his Command could be threatned or perswaded to favor the two Houses of Parliament in the War they made against the King whilest the Scotch Army were at the same time plentifully provided for so that those who would not be of their Party had no choice beside the Cessation but to forsake their Allegiance or Starve Besides the Parliament saw evidently That if a Cessation were concluded and a Peace should follow upon it the King would receive considerable Supplies of Men from Ireland which made them to save their own Heads forfeited to Justice so violently Oppose the Cessation thò they pretended other Reasons of Religion and Conscience under which Cloaks they covered the most Impious and daring Villainies which ever the Sun beheld I might produce other Passages but must desire the Readers Excuse for the present till they naturally fall in my Way but I cannot omit one more P. 304. where he hath these very Words And certainly whatsoever conspired to complete so execrable a Design as the Murther of the King nothing contributed more than the Irish deluding his Sacred Majesty so long with their Promises of a Competent Army whereby he relying on them too confidently Assured of their Ability and Power to perform it
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
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
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
Article to prove the General Charge of Subverting the Laws They next proceeded to the Ninth Article Artic. 9. concerning his giving Commission to the Bishop of Down and Connor for attaching all such persons as contemned the Ecclesiastical Ordinances and present them to the Council-Board Mr. Glyn urged it as a thing would fully prove the Charge The Warrant was read as followeth By the Lord Deputy FOrasmuch as We have been informed by the Right Reverend Father in God the Lord Bishop of Downe and Conner The Warrant to the Bishop of Down and Connor that the most frequent Offences against God and the greatest Contempts against the Ecclesiastical Jurisdiction are Committed by the meaner and poorer sort of People in that Diocess whose faults for the most part escape unpunished by reason the Writ de Excommunicato Capiendo is so long before it can be sued forth and executed on them that they remove to other parts and cannot be found or if they be taken their Poverty is such that they cannot satisfie the Sheriff and other Officers Fees due for taking them on that Writ whereby the Officers become negligent and backward of doing their Duties We therefore desiring the suppression of Sin and Reformation of Manners have thought fit to strengthen the Ecclesiastical Authority of the said Right Reverend Father in God the Lord Bishop of Downe and Conner with our Secular Power and do therefore hereby give Power and Authority to the said Lord Bishop his Chancellor or Chancellors by their several Officers by them to be appointed to Arrest and Attach the Bodies of all such of the meaner and poorer sort that after Citation shall refuse to appear before them or appearing shall omit or deny to perform and undergo all Lawful Decrees Sentences and Orders issued imposed and given out against them and them so Arrested to Commmit and keep in the next Goal till they shall perform such Sentences or put in sufficient Bond to shew some reasons before the Council-Table of such their Contempts c. willing all Justices of the Peace c. in that Diocess to be Aiding c. as they c. Given c. Febr. 16. 1636. Tho. Little This Mr. Glyn said was a great Invasion upon the Liberty of the Subject Sir James Montgomery Sir James Mountgomery deposed That the Warrant was Executed with great Cruelty 20 30 Names in a Warrant the Officers beating wounding and imprisoning them The Earl answered The Earl's Defence First this was the Vsual Practice but not satisfied with it he had refused it and this was the only Warrant and that hearing it complained of he recalled it To this the Examination of the Lord Primate 7. Interrog agreed the B. of Meath having such a Warrant for either the Lord Grandison or Chichester Mr. Little also attested That this Warrant was drawn after an Original Warrant of the Lord Falkland 's that it was the onely Warrant my Lord granted The Lord Dillon also confirmed the Practice He further requested their Lordships to consider the impossibility of having Witnesses in the Irish Affairs upon so short warning as Friday was Seven-night That following Presidents if they mislead him he hopes it is no Treason to mistake the Law otherwise there would be more Actions of Treason than Trespass in Westminster-Hall Mr. Glyn rejoyned That my Lord Confesses what he did to be above Law that though this be but a single Act yet compared with other Exorbitant proceedings it is a strong Evidence to prove his Subverting of the Laws Upon Wednesday the Commons proceeded to the Tenth Article of the Charge Wednesday March 31. Artic. 10. That he had not only Exercised a Tyrannical and Arbitrary Government over the Lives Liberties and Estates of the Subjects but had abused the Crown by applying to his private Vse the Publique Revenue to the great disadvantage of His Majesty Mr. Maynard stated the Case King James Leased the Customs at 6000 l. per annum and half the clear Profits above the Rent and 1400 l. to the L. Carlisle for Customs of Wines the half clear Profits amounted to 3700 l. per annum in the 7th of Car. a second Lease was made to the Dutchess of Bucks for 11050 l. so at view there is 1350 l. advance but then the E. of Carlisle 's Lease of 1400 l. was taken in and the surplusage of the Wine-Customs being communibus annis 3000 l. per annum so that out of the 11050 l. per annum there is an abatement of 4500 l. per annum instead of an advance of 1350 l. per annum besides that in the Earl's Lease the Customs of London-Derry Colerane Knockfergus and Strangford reserved in the Duke's Lease are defalked valued at 1500 l. per annum and all Forfeitures as also an allowance of Custom for Prize Goods and in the Grant a Clause That this Grant shall hold whether it be Repealed by Act of Parliament or not That the Book of Rates was increased so that whereas the Customs were valued at 12000 l. per annum they were advanced to 40 or 60000 l. per annum All the Leases being read the Witnesses were deposed Lord Ranulagh The Lord Ranulagh said That being a Partner in the Lord Faulkland 's time the surplusage above the 6000 l. was 3700 l. Sir James Hay deposed the surplusage above the 1400 l. Sir James Hay of the Earl of Carlisle's Rent was 2387 l. 15 s. 9 d. Robert Goodwin deposed That the Customs of London-Derry c. Robert Goodwin amounted from the Year 1634 to 1639 to 1079 l. 6 s. 1 d. and of London-Derry in the same time viz. 5 Years to 5348 l. 11 s. 10 d. Henry Brand. Henry Brand deposed the same To the increase of Customs John Welsh deposed John Welsh That out of the Exchequer Book he took these Accounts In the Year 1636 they came to 39936 l. In the Year 1637 they came to 38889 l. In the Year 1638 they came to 57380 l. In the Year 1639 they came to 55582 l. The Lord Ranulagh deposed much to the same effect Welsh further deposed the price of Hides 50 l. per Last being 3 s. 4 s. some 5 s. few above Wooll 3 s. 4. s. 5 s. 9 s. that the highest From whence Mr. Maynard observed a Hide of 5 s. rated at 2 s Wooll at 9 s. rated at 13 s. 4 d. in the Book of Rates and to pay Custom accordingly Patrick Allen. Patrick Allen deposed rates of Hides 4 s. 4 s. 6 d. 5 s. and 6 s. Wooll 4 s. 6 s. 7 s. 8 s. the highest 11 s. The Earl desired the Article might be read The Earl's Defence and then it would appear how pertinently the time was spent in proving it which he read and added with submission There was nothing in it that by any Law could be brought to Treason and that he was to answer to and nothing else That what the King lost by the Duke
of Bucks affects not him That the Book of Rates was raised in the 7th of Car. which was before his Lease and was done by the King's Officers what he is charged with is 9 Car. whereas the Book of Rates was made in the Lord Portland 's time Whether the Rates were reasonable or not was not to be charged to him as a Crime much less a Treason That Tonnage and Poundage is the King's Inheritance in Ireland by 15 H. 4. That nothing is taken but by that Book And if the Merchants were to set the Rates the Customs would be little That he came not in to the Farm upon his own Suit but was commanded to do the King Service and if it prove a bargain of advantage he never knew the making a good bargain turned upon a man as Treason To this the Lord Cottington Examined affirmed That the Earl was brought in as Partner with Sir Arthur Ingram and others by the Lord Treasurer Portland Sir Arthur Ingram affirmed to the same Effect That a Letter was writ from the King who was informed the Rates were too low and a new Book of Rates sent over and that though he had then a ¼ part of the Farm yet he proposed it to the Council Board and by the Whole Board the said Book was disadvised which the Lord Dillon affirmed to be true Mr. Maynard replyed That though this or that was not Treason Managers reply yet the whole tended to subvert the Liberties properties of the Subjects the Fundamental Laws and that was Treason That it was a hard Case for the Subjects of Ireland to have a Governour take a Bargain which all others refused who must in Appeals of Oppression be both Judge and Party As for the Letter it was the Opinion of the Board and to be attributed to them and it is to be wondred he submitted to it and did not rather take them down That it appears if Depositions be true that he and his Partners have gained 300000 l. and that here is not only an inhauncement of Rates on the Subject by way of Extortion but this is soaked out of the King's Purse The Committee for the present waved the Eleventh Article Artic. 12. and proceeded to the Twelfth concerning his Monopolizing Tobacco whereby he made 100000 l. profit to himself imposing Sealing upon Tobacco and punishing the Refusers by Fines Pillory Prison and Whipping To prove the Restraint and Sealing two Proclamations were read which were as followeth By the Lord-Deputy and Council A Proclamation concerning the Importing of TOBACCO By which Proclamation is set forth in Substance as followeth THat whereas unsound Tobacco is brought in 2 Proclamations concerning Tobacco by the Earl of Strafford c. by the Vnlimited Liberty of divers to Import c. and being no Vsual Commodity c. a strict Charge is given That none presume from the First of May next to Import any Tobacco without Special Licence from Vs on pain of incurring His Majestie 's high Displeasure and the Punishments due for such Contempts The Proclamation concerning Sealing of Tobacco was next Read the 23 d. of Feb. 13 Car. By the Deputy and Council Wherein THe former Proclamation is Recited And to prevent Secret Wayes of Importation a Charge is given from the last of May next no Tobacco be put to Whole-sale unless it be in compleat Rolls which may be conveniently Seal'd and to be Sold with two Seals one to be affixed at each end which Seal order is taken to be provided for that purpose That what Tobacco shall be found without those Seals the King's Officers may search for and seize and convey to the next Port which Course shall be taken that every Seizor shall have 6 d. for every Pound as an Encouragement and that the Officers shall commit the Persons of such in whose hands such Tobacco shall be found till Security shall be given to appear before the Deputy and Council and not to depart without Leave c. To prove the Restraint Witnesses Tim. Crosby Timothy Crosby deposed That several Ships were prohibited to land Tobacco That the John of Kingsale being not suffered to unlade at Lymerick because not of the Magazine was cast away going to another Port That before the Restraint Tobacco was at 6 d. 7 d. other times 14 d. 16 d. the Pound on Shipboard and since some at 9 d. some 6 d. that the Ships were not suffered to land unless they paid 2 s. the pound 18 d. Custom 6 d. Impost Patrick Allen deposed That a Ship not suffered to land at Youghall Patrick Allen. was forced to go to St. Maloes in France that before the Proclamation he bought Tobacco at 6 d. and 7 d. a pound since they pay 2 s. 2 s. 4 d. 2 s. 8 d. 3 s. That the Patentees pay the Merchant 6 d. or 7 d. a pound John Welsh deposed to the same Effect John Welsh and that Ireland consumes 500 Tun of Tobacco per annum which at 2 s. 6 d. per pound 140000 l. As to Sentencing he saw Patrick Wells Merchant and Richard Whitwick stand on the Pillory for selling unsealed Tobacco and had heard of more That he thinks the Book of Censures made in the Castle-Chamber was sent into England which Patrick Gough said the same Patrick Gough but the Book was not offered in Evidence but he hath heard of divers Sentenced 60 at a time committed for unsealed Tobacco 3 of Waterford one sentenced to Fine 100 l. and lose his Place of Waiter the other 100 l. and the Merchant 100 but reduced to 20 l. a piece That they were Fined at the Board and he thinks my Lord Strafford was present Then the Sixth Article of the Remonstrance was read to prove that the value is more than all the King's Revenue certain and uncertain in Ireland After some little respite the Earl made his Defence The Earl's Defence That he hopes he hath little to answer for as Treason and wisheth he had so much Profit to answer for as is pretended Then he produced a Petition of the Commons House attested for a true Copy by Mr. Gybson wherein they desired this Lease of the Impost of Tobacco might be taken in and compounded for and converted to the King's benefit so that it was on their own Petition settled as a Revenue of the Crown Which was attested by Mr. Slingsby a Member of that House Then he shewed the Grant of 13 Jac. where the Impost of Tobacco was let at 10 l. per annum at 18 d. per pound Impost to William Massam and John Pitt for 7. Years Then he offered a Lease 8. Feb. 19 Jac. to Mr. Lyne for 21 Years at 20 l per annum which was admitted Next the King's Letter 18 July 12 Car. for settling the business which was his warrant for the Proclamation requiring him with the Advice of the Council to settle the preemption by what Limitations and Conditions he should