such persons only excepted as be imployed here c. do hereafter make their personal Residence and not depart for England or other place without privity of Our Deputy any former Letters to the contrary notwithstanding And because We resolve to have this course constantly observed if you shall have notice of any Contemner of this Command Our Will and Pleasure is That you proceed against them in an exemplary way to deterr others And for so doing this shall be your Warrant From whence he inferred That this being required by the Law of the Land by the Request of the Irish according to the Lord Faulkland 's former Instructions and justified by the King's Letter he trusted it would not appear to their Lordships so great a Crime as at first it might seem That the Council concurred to the Proclamation that there was great reason of State for it in regard O Neal and Tir Connel having Regiments of the most ancient Irish Septs in the Service of the King of Spain if every one might withdraw at pleasure without giving an account it would open all the Power and Means to distemper that State and he feared it would produce sad Events in that Kingdom And here I cannot but admire the Prophetick Wisdom of this Great Man and States man so soon justified by the Event when upon this Liberty procured by the English Parliament in so few months after his Death that Horrid Rebellion and Massacre broke out which produced the most deplorable Events in the World But to proceed he shewed further That this Restraint was to prevent the going over of the Nobility and Gentry to be Educated at Doway and St. Omers and was for the Interest of the Protestant Religion As to my Lord of Esmond which appeared to be so foul a business he was stayed as being Major General of the Army and could not be spared but he was mistaken if shortly after he did not give him Licence and whereas my Lord of Esmond was said to have no Commission to Examine Witnesses some Evidence accidentally appearing his Lordship took notice of God's Providence and Goodness to assist him and for this purpose Mr. Riley was Examined who Deposed That my Lord of Esmond and Sir Pierce Crosby had a Commission to Examine Witnesses in the Case between them and the Earl of Strafford Mr. Ralton attested the same He further added That the Lord Esmond was stayed on a Complaint of Sir Walsingham Cook 's concerning a Practice against Sir Walsingham 's Life For the Lord Roche he was informed against in the Star-Chamber which he was willing to forget for that Gentleman's Honor the Complaint being of that Nature that he was not willing to press it As to Mac Carty the Decree was made by a Letter from His Majesty on a notable fraud of the Father in the Case of Sir James Craig and the Restraining Young Mac Carty was to prevent his going to Doway or St. Omers and that he that swears it is Solicitor in the Case and unfit for a Witness As to Mr. Parry the Reason appeared in the Sentence which attested by Mr. Gibson was Read as followeth WHereas Henry Parry The Sentence against Mr. Parry one of them who attended the Lord Chancellor as his Lordship's Register-keeper or Clerk for private Judicatures and Keeper of the Books of these Private Proceedings was Commanded to attend the Board to be Examined And whereas in Contempt thereof he not onely neglected to attend accordingly but departed this Kingdom which being represented to His Majesty it pleased His Majesty to require his return hither to attend this Board To which end a Bond was taken for his Appearance here the next Council-day after the 12th of Aug. And whereas he was present himself at this Board 9th of October 1638 but offered no Petition as if he disdained so far to humble himself to this Authority whereupon it being made known to him That it became him in the Duty he owed to the Dignity of this Board to come by Petition as all other Men but he forbearing to exhibit his Petition till he was called by us the Deputie to do it and then when he exhibited it he therein misrecited his Offence alleadging it to be for his repairing to England without Licence whereas his Offence was The disobeying the Orders of this Board Secondly He laid a Tax on William Ralton Esq Alleadging That on pretence of Direction from Secretary Cooke he took his Bond for Appearance here whereas he knew it was not by any feigned direction but by appointment of Secretary Cooke by His Majestie 's Direction Thirdly In stead of humbling himself he desired Cancelling of his Bond and Dismission from attendance and the rather because he conceived he had not in any degree transgressed the Proclamation cautelously alledging that to be his Offence which was not laid to his Charge And forasmuch as his first Offence in Esloyning himself to shun the guilt whereof he was convinced and after his bold and insolent behaviour at this Board in answering plainly That he conceived the Command of the Lord Chancellor ought to free him from the Command of this Board deserves such proceedings against him as may be both Punishment to him and Example to others It is therefore Ordered That he stand Fined in 500 l. bound to his Good Behaviour stand Committed to the Castle during the Deputy's Pleasure and make Acknowledgment of his Offence at this Board And the Form of his Submission is set down I Acknowledge I presented a Presumptuous and Untrue Petition c. Given 30 October 1638. The Names of those that Subscribed it were also Read The Lord Dillon was Examined about the Lord Esmond affirmed That it was suggested that he had set some persons on to cut off Sir Walsingham Cook which was confirmed by Sir Adam Loftus Lord Dillon and that the Witnesses not concurring my Lord Esmond was dismissed To which the Earl added That as soon as he was clear he had liberty to go into England And for the Fees for Licences Mr. Slingsby and Mr. Little attested That they had 20 s. of Privy Councellors and Officers of the Army of others 5 s but it was voluntary and many times none at all was paid He concluded That he hoped nothing hitherto shall convince him of Treason before their Lordships to whose Judgment he did with all humility submit To this Mr. Palmer replyed Mr. Palmer's reply That his Lordship had used a great deal of Wit and Art to colour his Actions and to induce the King to an allowance of them but his Acts of Injustice shew quo obtentu this Proposition was gotten that as it prevented Clamorous Complaints so it terrified those which were real lest they should be punished as clamorous That the 25 H. 6. though it gave leave to seize their Lands that departed without Licence yet restrained not their persons That as to the Petition for Residence of Vndertakers there was a great difference
the Kingdom depends on this Fail not in the speedy execution thereof as you will answer to the contrary on peril of your life Dated the last of August 1640. Mr. Glyn then said The 28 Article being still behind they are not yet resolved whether to proceed or not but they desire another day to be heard having something more to say And then the Court was adjourned and the next day appointed at 8 of the Clock Thus far in the Trial of this Noble Lord I have followed the traces of the Journals the Printed Trial by Mr. Rushworth and a Manuscript which I have by me which was found in the Chamber of a Worthy Gentleman a Fellow of Queens College in Cambridge being in the times of the Persecution hid there for upon taking up the boards to new lay the floor of the Room the Work-men found it the Author who ever he was saith he was an Eye and Ear-Witness to the whole Transaction and averrs his account in the Matters of Fact to be just and Faithfull And therefore Mr. Rushworth having not done intire right to the Memory of that Great Man wholly omitting the further proceedings till the summing up the Evidence by my Lord and the Replies upon it together with many Remarkable Circumstances conducing to the better understanding of the Management of that affair I thought my self obliged out of the Justice that is due to truth to supply those Omissions from the Relation of the said Manuscript and the concurrent Testimonies of the Journals and other Papers written and printed at that time upon this Occasion Upon Thursday the Committee of Managers having declared Thursday April 8. that for some private Reasons they would wave the Debate of the 28th Article Sir Walter Earle offered some observations upon the 22d Article and desired to be heard by their Lordships conceiving they would do much to strengthen the Evidence whereby they had endeavoured to prove that the Earl of Strafford had real designs of Landing the Irish Army in England in Order to prove what was charged upon him to the subduing of this Kingdom Though as my Author sayes had Sir Walter consulted his own Reputation which by so weak a Charge suffered more then the Earl's against whom it was intended he might with more advantage both to himself and the cause he managed have better spared his endeavours His Reasons were these First that it appears by the Earl's Commission and Instructions that he had power to Land his Army either in Wales or in any part of England or Scotland according to his Discretion and from thence he inferred that this Clause was wholly superfluous unless there had been some such Purpose or Design intended Secondly That two dayes before the Date of the said Commission Letters were dispatched to the Earl's of Bridgwater and Pembroke from Sir Francis Windebank Secretary of State to assist my Lord of Worcester in Levying Forces for the King's Service and these might well be supposed to have been intended to joyn with the Irish Army upon their Landing Thirdly That my Lord Ranulagh at the raising of the Irish Army had expressed some fears of such a design and Intention for the imploying of that Army Fourthly That the Town of Ayre in Scotland where the Lord Strafford pretended to Land the Irish Forces was fortified with Bullwarks a Garrison and a Block-House which would prohibit his landing there and that the Barr or entrance into the Haven was very dangerous and shallow That the Earl of Argyle 's bounds were a great way distant and divided from thence by the Sea The only proof of this was the reading of the Commission granted to the Earl of Strafford To this the Earl replied That his Commission was the same verbatim The Earl's Defence with my Lord of Northumberland 's for England that it was drawn up by the Council-Board here and sent over to him so that it could be no worse design in him then in the Earl of Northumberland Lord General of the English Army nor any larger Power given him by it then to my Lord General That as to the Letters to the Earl's of Pembroke and Bridgwater this was the first time that he ever heard of such Letters nor did they concern him more then any other Member of the House and for my Lord Ranulagh he was not bound to purge him of all his fears that he had his own fears too which God forbid should be evidence of Treason against any person whatsoever That it seemed the Gentleman had better information from the Kingdom of Scotland than himself yet he would be confident to say there was never such a thing as a Block-House nor then any Garrison at Aire but to remove all Scruples for indeed the Road or Landing place is not there safe he declared that it was his Intention to have Landed some Miles above Aire and to have made himself Master of the Town and then to have made it a Magazine and for the Earl of Argyle 's Bounds he hoped the Gentlemen knew that they were not to come on foot out of Ireland but had Ships to waft and transport themselves and that one of the Earl of Argyle 's prime Houses at Rosneth was within some few Miles of the same Frith The Lord Digby seeing Sir Walter Earle on ground did handsomly bring him off and told the Lords That all their proofs for that Article were not yet ready and that this was only a Superfaetation of the Charge and that in such a matter of Treason they must sometimes content themselves to make use of dark Probabilities Mr. Glyn then moved That the Earl might resume his Defences and summ up the Charge that so the Process might be closed as to matter of Fact To which the Earl replyed That in his Circumstances all slackness was speed enough that the matter touched him narrowly in no less then his Life and Estate and which he valued much above them his Honour and Posterity and he confessed he had no desire to ride Post in an Affair of that Nature and Consequence to him and that he did verily believe that the Gentlemen at the Bar if they were in his Case would think all the time they could obtain little enough except their greater Abilities and abler Judgments could sooner dispatch the matter then he found himself able to do and therefore he humbly applyed himself to their Lordships that the Remainder of that day might be granted him to recover his wasted strength and recollect his Thoughts and Spirits and that to morrow he would make his last Reply for himself This was opposed by the Committee as very prejudicial Expensive of time and that it was only to spin out unnecessary Delayes but after above an Hours debate the Lords thought it convenient to grant his Lordship that Liberty and it was Ordered he should appear the next Day Upon Friday morning about 8 of the Clock the Lieutenant of the Tower Friday April 9. and
time rested under great deliberation at last in a time when a great part of the Peers were absent by reason of the tumults and many of those who were present protested against it the said Bill passed the House of Peers and at length His Majesty the late King CHARLES the I. of Glorious Memory granted a Commission for giving His Royal Assent thereunto which nevertheless was done by His said Majesty with exceeding great sorrow then and ever remembred by him with unexpressible grief of Heart and out of His Majesties great Piety he did publickly express it when His own Sacred Life was taken away by the most detestable Traytors that ever were For all which Causes be it Declared and Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled That the Act Entituled An Act for the Attainder of Thomas Earl of Strafford of High-Treason and all and every Clause and Article and thing therein contained being obtained as aforesaid is now hereby Repealed Revoked and Reversed And to the end that Right be done to the Memory of the deceased Earl of Strafford aforesaid Be it further Enacted That all Records and Proceedings of Parliament relating to the said Attainder be wholly Cancell'd and taken off the File or otherwise Defaced and Obliterated to the intent the same may not be visible in after-ages or brought into example to the prejudice of any person whatsoever Provided That this Act shall not extend to the future questioning of any person or persons however concerned in this business or who had any hand in the Tumults or disorderly procuring the Act aforesaid Any thing herein contained to the contrary thereof notwithstanding May his and all the Innocent Blood that was shed after it for ever sleep and not like the Souls under the Altar call out Quousque Domine crying for Vengeance upon this Nation The Poets of the Age were not wanting to Embalm the Memory of so great a Mecaenas with Elegies and Epitaphs though such was the little Envy of his Enemies that they did not only suppress but punish the Printers and Publishers of them one Holmer being clapt up in the Gate-House by a Vote of the Commons for Printing Scandalous Verses upon the Earl of Strafford Among the rest Cleveland then great in Reputation bestowed these 2 Epitaphs upon this Noble Earl Epitaph upon the Earl of Strafford HEre lies Wise and Valiant Dust Huddled up 'twixt fit and just Strafford who was hurried hence 'Twixt Treason and Convenience He spent his time here in a Mist A Papist yet a Calvinist His Princes nearest Joy and Grief He had yet wanted all Relief The Prop and Ruin of the State The Peoples violent Love and Hate One in extremes lov'd and abhorr'd Riddles lye here And in a word Here lies Blood and let it lye Speechless still and never cry Epitaphium Thomae Comitis Straffordii c. EXurge Cinis tuumque solus qui potis es scribe Epitaphium Nequit Wentworthi non esse facundus vel Cinis Effare marmor quem cepisti comprehendere Macte exprimere Candidius meretur Vrna quam quod rubris Notatum est literis Eloquium Atlas Regiminis Monarchici hic jacet lassus Secunda Orbis Britannici Intelligentia Rex Politiae Prorex Hiberniae Straffordii Virtutum Comes Mens Jovis Mercurii ingenium lingua Apollinis Cui Anglia Hiberniam debuit seipsam Hibernia Sydus Aquilonicum quo sub rubicunda vespera occidente Nox simul dies visa est dextroque oculo flevit laevoque laetata est Anglia Theatrum Honoris itemque scena calamitosa Virtutis Actoribus morbo morte invidia Quae ternis animosa Regnis non vicit tamen Sed oppressit Sic inclinavit Heros non minus caput Belluae vel sic multorum Capitum Merces furoris Scotici praeter pecunias Erubuit ut tetegit securis Similem quippe nunquam degustavit vanguinem Monstrum narro fuit tam infensus legibus Vt prius legem quam nata foret violavit Hunc tamen non sustulit lex Verùm necessitas non habens legem Abi Viator Caetera memorabunt posteri Which for their sakes who understand not the Language I have thus Translated into English though not without loss to many of those Beauties and Graces which are so peculiar to the Latin as not to be expressed in our Language An Epitaph upon Thomas Earl of Strafford c. Rise Noble Dust Thou only canst unto thy self be just Write thine own Epitaph speak thy wonted sence Great Wentworth's Ashes can't want Eloquence Although his Innocence deserves an Elegy Whiter then Redstreak Marble can supply Yet weeping Marble tell Who does beneath thee dwell The Atlas of Monarchique State lies here The second Mover of Great Britains Sphere The King of Politiques Irelands Deputy And in a word Of Strafford and of Virtue the Illustrious Lord Does underneath this Marble breathless lye The mighty Jove did his great mind bestow and nimble Mercury his Wit Apollo on his Tongue did sit Ireland her self Englandto him did Irelandowe Bright Northern Star When in a Bloody Cloud he set Night and Day together met England did seem of her right Eye bereft To weep and laugh untowardly with what was left The Scene of Honour and the fatal Stage Of Virtuous and Distressed Innocence The Actors Envy and Three Kingdoms rage against them what Defence Opprest but yet not overcome he stood Vnconquered still and met the Rolling Flood Thus the Illustrious Hero bow'd For such he was at least He bow'd his Noble Head unto the Beast Of many Heads the Croud Into the Bargain thrown Of ready Money then paid down To Scottish Traytors to Invade the Crown The blushing Ax amazed stood It nere before had drunk such Blood A wonderous thing I tell Illustrious Strafford fell Obnoxious to the Law strange Crime Before the Law was made to punish him How Strafford dy'd then would you know Lawless Necessity gave the Fatal blow Pass on O Traveller wee 'd best Here leave him and Posterity to weep the Rest It will possibly be some satisfaction to the Curiosity of the Reader to see those Papers of Sir Henry Vane's which seem to have been of such considerable import as to have cast the Beam in the Fate of this great Person and indeed I had done it in its proper place had those Papers then come to my hands but however better late then not at all and if they contribute to the satisfaction of the Inquisitive they are to ow the Obligation as upon all occasions I shall do to the kindness of the Right Honourable Sir Francis North Late Lord Chief Justice of the Common-Pleas and now Lord-Keeper of the Great Seal of England who was pleased to furnish me with a Transcript of some Memoirs of the late Earl of Manchester's the Originals being written with the said Earls own
and others of the Privy Council whose hands are at the Warrant for the Commitment of Sir John Corbet ought to joyn in this Reparation viz. the Archbishop of Canterbury Lord Coventry Archbishop of York Earl of Manchester Lord Cottington Edw. Lord Newburgh Sir Henry Vane Sir Francis Windebank Then the House took into Consideration the Reasons which the Lords had offered at the Conference concerning the Bishops having Votes in Parliament Answers to the Lords Reasons for Bishops Voting in Parliament and it was agreed to offer these Reasons in Answer to them 1. The Commons do conceive that Bishops ought not to have Votes in Parliament First Because it is a very great hinderance to the Exercise of their Ministerial Function 2. Because they do vow and undertake at their Ordination when they enter into Holy Orders That they will give themselves wholly to that Vocation 3. Because Councils and Canons in several Ages do forbid them to meddle in Secular Affairs 4. Because the 24 Bishops have dependency on the two Archbishops by their Oath of Canonical Obedience to them 5. Because they are but for their Lives and therefore are not fit to have Legislative power over the Honors Inheritances Persons and Liberties of others 6. Because of Bishops Dependancy and Expectancy of Translation to Places of greater Profit 7. Because that several Bishops have of late much Encroached upon the Consciences and Liberties of the Subject and they and their Successors will be much Encouraged still to Encroach and the Subjects will be discouraged from complaining against such Incroachments if Twenty six of that Order be to be Judges upon those Complaints The same Reason Extends to their Legislative Power in any Bill to pass for Regulation of their Power upon any emergent inconvenience by it 8. Because the whole number of them is interessed to maintain the Jurisdiction of Bishops which hath been found so grievous to the Three Kingdoms that Scotland hath abolished it and Multitudes in England and Ireland have Petitioned against it 9. Because the Bishops being Lords of Parliament it setteth too great a distance between them and the rest of their Brethren in the Ministry which occasioneth Pride in them Discontent in others and Disquiet in the Church To their having Votes a long time If inconvenient Time and Vsage are not to be considered with Law-makers and some Abbots voted as anciently in Parliament as Bishops yet taken away That for the Bishops Certificate to plenarty of Benefice and Loyalty of Marriage the Bill Extends not to them the Bishops making return of them by Course of Common Law That Argument taken from the Canons and Laws Ecclesiastical This Passage is in the Report of this Conference in the Lords Journal but not in the Commons They Judged these Canons not binding so did the Bishops too yet they must be lawful against them must be considered as a fight against the Bishops with their own Weapon as a kind of Goliah 's Sword to cut off Goliah 's head but not as though the House of Commons did hereby Justifie the Legality of any thing of that Nature That for the Proviso for the Vniversities and Temporal Lords it may stand in the Bill if it please their Lordships It was added That there is an ACT preparing for the Regulating of the Vniversities and this Proviso is but permitted to remain there by way of Provision till that be Effected For the Secular Jurisdiction of the Dean of Westminster the Bishops of Durham and Ely and the Archbishop of York if they are to Execute them in their own persons the former Reasons shew the inconvenience of them and for the Temporal Courts and Jurisdictions which are Executed by their Temporal Officers the Bill doth not concern them How deeply Guilty these Anti-Episcopal Grandees of the Faction were of Hypocrisie and Collusion this Passage makes clearly apparent The deep Hypocrifie of the Grandees of the Anti-Episcopal Faction for whereas by the Bill upon which this Conference with the Lords was had and for the supporting of which these Reasons were Framed they seemed only to desire that the Bishops might not Sit and Vote in the Lords House as Peers of the Realm and not to take away the Office or Function they had at that very instant as the Reader by casting his Eye but a little backward may see a Bill before them for the utter Abolition and Extirpation of the Office it self with all its appennages commonly known by the name of the Root and Branch Bill It is not my Province to descend into so great a Field of Controversie as these Reasons against the Bishops Votes would afford a Pen of Greater Leizure however because these Papers may fall into some hands who may not be so well Antidoted against the well gilt Poyson I will adventure to give them some short strictures And therefore First the Reader is to Consider in general That the Lords Spiritual being by the Common Law of this Realm Peers in Parliament and by the Statute Law declared to be one of the Three Estates of the Kingdom if any such Inconveniences as are here objected against them were sufficient ground for the abolition of them and consequently altering the Frame of the Government then Paritate Rationis it would follow That the like or greater inconveniences would be a sufficient ground for the utter abolishing or taking away of either or both the other Two Estates viz. The Lords Temporal and Commons which Assertion evidently destroyes the Being and Foundation of Parliaments which sure no Englishman can without Horror and Detestation hear And indeed this very Consequence led these very Persons afterwards to Vote the House of Lords Vseless and Dangerous and wholly to lay them aside and divest them of all the Priviledges of their Peerage in Parliament to the utter Subversion of the Ancient Frame of the Government Nor indeed were these Inconveniencies which they represent here as so Formidable and Dangerous of any weight or moment in themselves For as to the First The hinderance of the exercise of their Ministerial Function The very share they have in preparing Laws and giving their Assent to them in that Station is one of the most weighty parts of their Episcopal Function to take Care that such Laws may be made in a Christian Kingdom as may be for the Glory of God the Advancement of true Piety and the Well Government of the Church And for any other parts of their Office though they should not be so well able to perform them during the times of Session of Parliaments which yet for any thing made appear to the contrary they may do Yet the great necessity and advantage of their Legislative Right may very well give a dispensation to the omission of the less necessary Offices of their Function for so small a time as the Sessions of Parliament Used to be till these Men obtained of the King that perpetuating ACT of which it may truly be
cùm stabis ad aras In tua quod fundi cornua possit erit He hath cropt and infring'd the priviledges of a banish'd Parliament but now it is returned he may find it has power enough to make a sacrifice of him to the better establishment of our Laws And in truth what other satisfaction can he make his injur'd Country then to confirm by his example those Rights and Liberties which he had ruined by his opinion For the proofs My Lords they are so manifest that they will give you little trouble in the disquisition his Crimes are already upon Record the Delinquent and Witness are the same having from several sorts of Judicature proclaimed himself an Enemy to our Laws and Nation Ex ore suo judicabitur To which purpose I am Commanded by the Knights Citizens and Burgesses of the House of Commons to desire your Lordships that as speedy a proceeding may be had against Mr. Justice Crawley as the Course of Parliament will permit The Articles against Mr. Justice Crawley were these Articles of the House of Commons in the Name of themselves and of all the Commons of England against Sir Francis Crawley Knight one of the Justices of His Majesties Court of Common-Pleas impeaching him as followeth 1. The Articles of Impeachment against Judge Crawley THat he about the Month of November Anno 1635. then being one of the Justices of the Court of Common-Pleas and having taken an Oath for the due Administartion of Justice to His Majesties Liege People according to the Laws and Statutes of this Realm subscribed an Opinion in haec verba I am of Opinion That as where the benefit doth more peculiarly redound to the good of the Ports or Maritime Parts as in Case of Piracy or Depredations upon the Seas there the Charge hath been and may be lawfully imposed upon them according to Presidents of former Times so where the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger of which His Majesty is the only Judge there the charge of the Defence ought to be born by all the Realm in general This I hold agreeable both to Law and Reason 2. That he in or about the Month of February Anno 1636. Then being one of the Justices of the said Court of Common-Pleas subscribed an extrajudicial Opinion in answer to Questions in a Letter from His Majesty in haec verba ut supra in the Articles against Judge Berkley 3. That he then being one of the Justices of the said Court of Common-Pleas delivered an Opinion in the Exchequer Chamber against John Hampden Esquire in case of Ship-Money that he the said John Hampden upon the matter and substance of the case was chargable with the Money then in Question a Copy of which Proceedings and Judgment the Commons of this present Parliament have already delivered to your Lordships 4. That he then being one of the Justices of the said Court of Common-Pleas declared and published in the Exchequer Chamber in Westminster and the Circuit where he went Judge That the Kings Right to Ship-Money was so inherent a Right in the Crown as an Act of Parliament could not take it away And with divers malicious Speeches inveighed against threatned and discountenanced such as refused to pay Ship-Money All which Opinions and Judgments contained in the first second and third Articles are destructive to the Fundamental Laws of this Realm the Subjects right of Property and contrary to former Resolutions in Parliament and to the Petition of Right which said Resolutions and Petitions of Right were well known to him And the said Commons by Protestation saving to themselves only the Liberties of exhibiting at any time hereafter any other Accusation or Impeachment against the said Sir Francis Crawley and also of replying to the Answer that he the said Sir Francis Crawley shall make unto the said Articles or any of them or of offering Proof of the Premisses or of any of their Impeachments or Accusations that shall be exhibited by them as the Case shall according to the Course of Parliaments require Do pray that the said Sir Francis Crawley one of the Justices of the said Court of Common-Pleas may be put to answer to all and every the Premisses and that such Proceedings Examinations Tryals and Judgments may be upon every one of them had and used as is agreeable to Law and Justice The Articles of Impeachment against Sir John Bramston Knight Lord Chief Justice of the Court of Kings-Bench were as follow Articles of the House of Commons The Articles of Impeachment against Sir John Brampston Lord Chief Justice of the Kings Bench. in the name of themselves and all the Commons of England against Sir John Brampston Knight Lord Chief Justice of the Court of Kings Bench Impeaching him as followeth 1. THat the said Sir John Brampston then being Lord Chief Justice of the Court of Kings Bench and having taken an Oath for the due Administration of Justice to His Majesties Liege People according to the Laws and Statutes of this Realm did on or about the last of November 1635. Subscribe his Name to an Opinion in haec verba I am of Opinion that as where the benefit doth more peculiarly redound to the good of the Ports or Maritime parts as in case of Pyracy or Depredations upon the Seas there the Charge hath been and may be lawfully Imposed upon them according to Presidents of former times so where the good and safety of the Kingdom in General is coned and the whole Kingdom in danger of which His Majesty is the only Judg there the Charge of the defence ought to be born by all the Realm in General This I hold agreeable both to Law nnd Reason 2. That he the said Sir John Brampston then being Lord Chief Justice of the Court of Kings Bench about the Month of February 1635. did Subscribe an extrajudicial Opinion in answer to questions in a Letter from His Majesty ut supra in the Articles against Sir Robert Berkley Which said Opinions contained in the first and second Articles are destructive to the Fundamental Laws of this Realm the Subjects right of Propriety and contrary to former resolutions in Parliament and to the Petition of Right 3. That he the said Sir John Brampston then Lord Chief Justice of the Court of Kings Bench about Trinity Term 1637. refused to Bail or Discharge Alexander Jenings Prisoner in the Fleet brought by Habeas Corpus to the Barr before him the return of this Commitment being two several Warrants from the Lords of the Council Dated the fifth of November 1635. the first expressing no cause the other for not paying Messengers Fees and until he should bring Certificate that he had paid his Assesment for Ship-money in the County of Bucks And the said Sir John Brampston the first Warrant being only read then said The cause of his Commitment did not appear and that it was not fit for every Goaler to
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
sorry for having administred unto their Lordships any Occasion of so high an Offence by letting fall Words touching the Bible of the Church of England and protesteth that his Design was not to affront their Lordships or the professed Religion of this Kingdom and he did assure their Lordships That as all Catholick Subjects have ever done so he did neither refuse to swear upon the English Bible nor held himself disobliged to Answer truely whatsoever was Demanded He therefore humbly beseecheth their Lordships to Pardon his great Offonce upon this his humble Submission and Acknowledgment and to grant his Inlargement assuring their Lordships he is most willing and ready not only to depose the Truth as by his Oath he is bound in whatsoever shall be Interrogated in this particular Cause but also shall ever Pray c. Upon which their Lordships sent a Message to the Commons giving them an account of this Petition and to let them know that having given this Satisfaction they were inclined to Pardon him but will not release him out of his Imprisonment before they had acquainted them therewith according to their Lordships former Ingagement Sir Henry Vane brought up a List of the Names of such Papists as the House of Commons desired should be secured as also an Order for the Lord Admiral to set forth 4 Ships for the Service of Ireland in which they desired the Lords to joyn with them Then were read two Letters from the Lords Justices in Ireland Letters from Ireland dated Nov. 13th 1641. the one to the Lord Keeper the other to the Lord Lieutenant the Purport of which was That some Ships may be appointed to Guard the Coasts of Ireland That the Rebels have taken divers Houses and Castles That they have spoiled the County of Cavan and have made a Remonstrance of the Ground of their Revolt They desire that 10000 Foot and 1000 Horse with Arms and Munition and 100000 l. be presently sent them with a Supply of Victuals and Oats for Horses And lastly they presented an Examination of one William Shales taken the 10th of November upon Oath ministred by the Clerk of the Council of Ireland by Direction of the Board which Examination was read in the House as followeth WIlliam Shales Shales's Accusation of Sir Henry Beddingfield of Oxborough Hall in Norfolk Sergeant of the Foot Company under the Command of Sir Arthur Loftus Knight saith That about the latter End of April last he being then in Norfolk at Oxborough Hall in the House of Sir Henry Beddingfield the said Sir Henry hearing that this Examinant was lately come out of Ireland sent for him in to his Garden whither when he came he found the said Sir Henry walking with one Poole whom this Examinant supposeth was a Priest and saith That as soon as he came into the said Garden the said Sir Henry asked him whether he knew how the state of Ireland then stood To which the Examinant said That he thought that all things were quiet and at Peace there Why quoth Sir Henry doth the Army there do nothing To which the Examinant Replied That they carried themselves quietly and that any man might walk in Ireland with a Thousand pounds and a Wand only in his hand He saith also That the said Sir Henry told him That he was about to take a House in Kilkenny of one of the Butlers for that there was no safety in England for any of his Religion and asked of the Examinant Whether there were any good Hawking thereabouts To which the Examinant said That there was Then the said Sir Henry said That now his Mind was altered and that he meant to stay in England and added That he did believe that before Christmass Day next there should be seen such Combustions in England and Ireland as the like were never seen before and thereupon Cursed the Scots as Authors of these Troubles Jurat Coram nobis Ja. Ware Rob. Meredith William Shales Whereupon it was Ordered That Sir Henry Beddingfield should be sent for in safe Custody by the Gentleman Vsher of the House and none permitted to speak with him but in the presence of the Messengers and that his Study should be sealed up by the two next Justices of the Peace till the further Pleasure of the House be known Sir Thomas Barington brought up a Message from the Commons to desire that Phillips the Priest may not be released of his Imprisonment until they be first made acquainted with it To which the Lords assented and appointed the Earl of Dorset the Queens Chamberlain to give her Majesty an account of these proceedings The List of the Prime Papists who were desired to be secured by the House of Commons Next the List of Recusants Names were read which the House of Commons desire may be secured which were as follows In the County of Lancaster Mr. Preston of the Mannor Mr. Clifton of Litham Mr. Chorley Sir William Gerrard Mr. James Anderton of Clayton Sen. Mr. Blundel of Crosby Mr. Robert Cranfield of Robbs Hall Sir John Talbott Sir Cecil Trafford Mr. Hugh Anderton of Eurton Sir Alexander Barlow In the County of Stafford Sir Richard Fleetwood Baronet Mr. Jo. Wells of Horecross Mr. Dreycott of Painsley Mr. Peter Gifford of Chillington Mr. Tho. Leveson of Ashburn Mr. Francis Harcott In the County of Southampton Lord Stourton Mr. Gage of Bawbridge Mr. John Bishop of Pilewell Lord Baltimore Mr. William Owen of Abberston John Arundell Esquire In the County of Sussex Lord Viscount Mountague In the County of Warwick Robert Throgmorton Esquire Mr. Morgan of Weston Mr. William Sheldon of Weston Sir Charles Smith In the County of Montgomery Sir Piercy Herbert Knight In the County of Worcester The Earl of Shrewsbury Francis Hanford Esquire Mr. Walter Blunt Edward Sheldon Esquire Mr. William Abbington Jun. In the County of Chester Mr. Poole of Poole Mr. Starkey of Darley Mr. Stanley In the County of Monmouth The Earl of Worcester Sir Charles Sommersett Mr. Morgan of Llantern In the County of Pembroke Sir Nicholas Lewis In the County of Suffolk Sir Robert Rookwood In the County of Salop. Thomas Vnton Esquire In the County of Northumberland Roger Widdrington Esquire In the County of Northampton The Lord Brudnell Mr. Poulton Mr. Sanders In the County of Dorsett John Webb of Cansford In the County of Lincoln Sir John Thimbleby Knight Ralph Evers of Washingborough Mr. Townley of Norton Edmond Thorold of Hough Esq Anthony Mounson The Lord Harris Lord Arundel of Wardour Sir Kenelm Digby Sir John Symonds Sir John Winter Sir William Mounteth Lord Herbert Sir Robert Lyme Sir Basil Brook Sir Alexander Gordon Sir William Mounson Sir Henry Gifford After which it was Ordered That the Consideration of this List should be debated upon Munday following In the House of Commons they were still upon the great work of the Declaration of the State of the Kingdom which was not so smoothly carried but that it met with great Opposition even
or Provisional Clause to be added to the said Bill by way of Limitation or Restriction and did also at the same time express his displeasure against some Person or Persons which had moved some Doubt or Question concerning the bound of Prerogative which the House of Commons declare to be a breach of the Fundamental Priviledges of Parliament The House of Commons do therefore desire their Lordships would joyn with them in an humble Petition to his Majesty to take notice that the Priviledge of Parliament is broken herein and to desire him that it may not be done so any more hereafter After this matter had been debated by the Lords it was Ordered That their House will joyn with the House of Commons in a Petition to His Majesty herein And the Lord Arch-Bishop of York Earl of Pembroke Earl of Bristol Earl of Holland Viscount Say and Seal Episcopus Durham Episcopus Winton Episcopus Roffen were appointed a Select Committee to meet with a proportionable number of the House of Commons to consider of the Breach of Priviledge of Parliament and and to prepare some things incident hereunto and present the same to the House This Committee to meet with the Commons on Wednesday the 15th of this Instant December at Nine of the Clock in the Morning in the Painted-Chamber The Committee appointed by the Commons to meet with the Lords were Mr. Pym Serjeant Wild Mr. Glyn Mr. Martin Mr. Strode Sir Hugh Cholmley Mr. Hollis Mr. Hampden Mr. Sam. Brown Sir Thomas Barrington Sir Edward Rodney Sir Thomas Bowyer Sir William Armyn Sir Francis Barnham Sir Walter Earl Sir Edward Aiscough Sir Philip Stapleton Sir Anthony Irby Sir William Lewes Mr. Strangeways Sir Robert Cooke Sir Edward Montforte Sir William Litton and Sir Henry Ludlow The Lord Keeper also Reported the Effect of two other Conferences had this day with the Commons The first Conference consisted of two particulars First Whereas a Proposition was made by the French Ambassador to the King for saving Seven Romish Priests which were Convicted and the House of Commons presented their Opinions to this House that five of those seven Priests may be Executed according to the Laws Now the House of Commons desire their Lordships to joyn with them in an humble Petition to His Majesty that the Execution of the Laws may be done upon all the seven Priests and that both Houses would become Suitors to the King to take off the Reprieve Next a Letter was read sent from one Parthington in Ireland written to Sir John Clotworthy Knight shewing the great and barbarous Cruelties acted upon the Protestants in Ireland by the Rebels as hanging of them and pulling their Flesh from their Bones cutting off their Heads Hands and Feet ripping up of Women great with Child and killing of Children with divers other inhumane Acts. The second Conference was touching the Declaratory part of the Bill for Pressing of Soldiers That the House of Commons consents now to the Words or Compelled that they should be inserted into the Preamble of the said Bill upon condition that these Words may be added except it be in Case of Necessity of the sudden coming of an Enemy into the Kingdom And lastly That the House of Commons doth not intend to give any Reasons for the fortifying of the Declaratory Cause in the Preamble of the Bill for pressing of Soldiers it being a thing unusual for them so to do It seems the House of Lords was in great disorder about the King's Speech Lord Pierpoint to the Black Rod for some Words offensive to the Lords for the Lord Pierpoint in his Speech having said That it was not Honourable for this House to be in such Noise and Tumult the House conceived these words to be a great Offence to so Great and High a Court as this is and being charged with the Words he was Commanded by the House to withdraw but before he withdrew he desired to explain himself which he was permitted to do and he professed he did not speak the Words to give any Offence to the House His Lordship being withdrawn the House took the Offence done into Consideration and Ordered That the Lord Pierpoint shall be committed to the Custody of the Gentleman-Vsher attending the House for the present After which the House took into consideration the Proposition of the Commons concerning the seven Priests and it was upon the Question after much Debate Resolved by the major part to joyn with the Commons in an humble Petition to his Majesty That Execution of the Laws may be done upon all the 7 Priests that are Condemned and that he will be pleased to take off his Reprieve Memorandum The Lords the Bishops withdrew themselves before the voting of this Question it being in Agitatione causae sanguinis The Lord Steward and the Lord Chamberlain were Ordered to attend the King from both Houses concerning the 7 Priests to be Executed as aforesaid and that his Majesty will take off his Reprieve Most part of this day was spent by the Commons about the Debates of the King's Speech the Result of which the Reader hath already in the Conferences with the Lords but still the Faction could spare little time to remember their Petitioning Friends of Black-Heath who had run their Heads into the Noose of the Law and a Commission was gone out against them for an Inquisition upon which Occasion as before they had warned the Under-Sheriff of Surrey so this day produced an Order of the Commons to the Justices of the Peace of Surrey not to proceed in any Inquisition concerning any Persons that met to subscribe a Petition to be preferred to this House till they should recive further Orders therein from the House This day the Lord Arch-Bishop of York Wednesday Decemb. 15. reported from the select Committee of both Houses concerning the Privileges of Parliament three Particulars which the Committees think fit to be voted in both Houses as a Breach of the Privileges of Parliament And also that a Declaratory Protestation be entred into by both Houses for the claim of those Liberties and this to be drawn up by the Committees Likewise the Committees think fit that a Petitionary Remonstrance be presented to His Majesty from both Houses declaring the Right of Parliament to those Privileges and the Particulars wherein they have been broken with an humble Desire that the like may not be done hereafter and that his Majesty will be pleased to discover the Parties by whose Misinformation and evil Council his Majesty was induced to this Breach of Privilege that so they may receive condign Punishment for the same and that his Majesty be further desired to take no notice of of any Mans particular Speeches or Carriage concerning any Matter Debated and Treated in Parliament a Form whereof is to be drawn and presented to the Committee to Morrow Morning at Nine of the Clock And that the Committees have appointed the Lord Arch-Bishop of York the Lord Roberts Sir
say he is not the only person that deserves punishment and he is the less innocent for misguiding and drawing others into such Actions That he that Commands is more guilty then he that Executes He sayes it was recalled after two years this was the Effect of the tumults and this so that it seems he could go no further and so he left off That its likely the Commons Remonstrance went upon good information and that all he said did not amount to an Excuse having no command as in the Case of the Tobacco Mr. Glyn added That my Lord confessing he lost 3000 l. convinces the point he denyes which was that it was not to advance Trade but for his own profit though it proved not so which the Earl Explained that he made Cloth 6 or 7 years and the Cloth it self not the Yarn was worth 1700 l. per annum for the Yarn was not worth 400 l. and in that time he might very well lose 3000 l. The 14 Article was for the present laid aside Article 15. and they proceeded to the 15th His labouring to subvert the Established Laws and introduce an Arbitrary and Tyrannical Power passing by the first part Mr Palmer who managed the Evidence insisted upon the 2d part of laying Souldiers by Warrant upon Offenders which warrant was given to one Savil a Serjeant at Arms. Mr. Savil being sworn produced a Copy of the Warrant Witness Mr. Savile against which the Earl excepted saying The Original ought to be produced his Life and Honour depending upon his Trial and that it were Treason Savile Swears to justifie himself he being the Person that executed this Treason Mr. Maynard said That if in a Letter one command Treason if the Letter be burnt the Treason cannot be proved if the Original must only prove it The Lord Clare demanded of Savil How they came by the Copy He answered He knew not but that one William Somer Secretary to the Lord Ranulagh had a Copy of it to which he set his hand in order to save a Soldier who had taken two Pewter-Dishes and was like to suffer unless he had a Copy of the Warrant and that this was a true Copy Upon which the House of Lords adjourned and at their return adjudged it should not be read in regard it was not attested So they proceeded to prove the effects of the Warrant To which Savil Deposed That by virtue of this Warrant Soldiers were laid upon delinquents who disobey orders abscond or are rescued from the Pursevants That the Soldiers go with Arms and have Meat and Drink from the Partie they lie on That he had laid Soldiers upon one Francis Ditton one Conolly and Luke Borne who could not be brought in by any other means That his warrant was general the Soldiers foot the number left to his discretion that my Lord never spake to him about complaints made of him that the Secretaries would demand why he did not put the Warrant in execution he said they were poor men Patrick Gough but it never came to my Lord's hands that he knows the greatest number laid was 5 and an Officer Patrick Gaugh deposed he had seen the Warrant Signed Wentworth on the top and a Seal to it that the Execution was a constant Course for contempt that the Soldiers were insolent that lying upon one Bern they took other mens Cattel Burnt part of his House sold his Corn to buy Beer but there was no such liberty given by the Warrant Richard Welsh deposed to the same effect Rich. Welsh of Soldiers laid upon one Francis Dillon Patrick Clear deposed Patrick Clear That Soldiers were laid upon one Agnes White being 80 years Old but upon affidavit of dissability to appear after a Month taken off Nicholas Ardagh deposed to the same effect Nich. Ardagh for debt upon a Paper-Petition Edmond Bern confirmed the Insolence of the Soldiers Edmond Bern. that he was forced to flie into Holland and lost 500 l. by this means Robert Kennedy deposed the same as to Bern Rob. Kenedy but that my Lord was gone to England that he did not see the Warrant but wondred at the Course it having never been done so before the Lord Strafford 's time Mr. Robert Little Little attested for the Earl that He never made any Warrant to Pigot or to Savil nor entred them in his Book or ever saw such Warrant or Entrie The Lord Ranulagh deposed Lord Ranulagh That he had heard something of it upon complaint of one Davis that by combination of the Serjeant and his Adversary he had Soldiers laid upon him which he told the said Lord Ranulagh was by a Warrant Dormant from the Lord-Deputy Wansford That formerly it had been used to lay Soldiers on the relievers of Rebels and for non-payment of Contribution-money but not in a Civil way between Party and Party and upon the Earl's motion he confessed that as a Captain he levied the Rent due to the Exchequer for his Pay by his Soldiers as had been Customary That in King Jame 's time 1628. the Gentlemen of Ireland got leave of the King that for non-payment of Rents or Contribution Soldiers might lie upon the defaulters Mr. Palmer concluded That this was an Act of Hostility by 25 Ed. 3. levying War against our Sovereign Lord the King within His Realm and by the 18 H. 6. cap. 3. made at Dublin in which are these words An Act c. It is agreed and Established That no Lord or any other of what condition soever he be shall bring or lead from henceforth Hoblers Kern or Hooded-men neither English Rebels nor Irish Enemies nor any other People nor Horse to lye on Horseback or Foot to lye on the King's People but on their own cost without consent And if any do so he shall be adjudged as a Traitor After a little time to peruse his Notes the Earl made his Defence The Earl's Defence He desired their Lordships to remember his Witnesses were to come out of Ireland That his time had been so short that he could have none but such as came accidentally That the Customs of Ireland differ from those of England that it had been the Ordinary practice of the Deputy and Council before his time to assess Soldiers not only on the party but his kndred without levying War Lord Dillon That these were ordinary Fellows and to shew what was meant by Rebels in Ireland the Lord Dillon Examined attested That such as having committed Felony or some unjustifiable Act and withdraw into the Woods if upon Proclamation they come not in are reputed Rebels and Traitors Sir Arthur Tyrringham averred That the practice was such in the Lord Faulkland 's time and that such as come not in upon Proclamation John Conley are reputed Rebels John Conley attested That in the Lords Faulkland Grandison and Chichester's times the King 's Rents were collected by Horse-men Henry Dillon who laid upon them
the Regiment of the Kingdom together with the King And now will any say No Bishop No King yet one word more before I part with these Bishops what Ground-work they laid and what means they used for the Ruine of King and Kingdom was it not their working upon the Impotence of a Womans will insinuating what indignity it was that a She-Daughter of France being promised to be a Queen was become no better than a waiting-woman living upon a Pension and so nourishing in her great Discontents perswaded her going to France which was the Matter and Embrion and as I may say the chief Cause of Common Destruction which after ensued God keep all good Princes from heark'ning or consenting to the pernicious Counsels of such pestilent Priests and prating Parasites To declare all their Disloyalties in Parliament and out would fill a large Volume But now Brevis esse laboro therefore I only say That as it was not for their Goodness but Greatness that they sate in Parliament so their sitting there did I think I may say almost evert Monarchy yea Regality with what face can they inculcate that Aspersion No Bishop no King Certainly by what I have already delivered and shall now declare in the Reigns of Succeeding Princes it will â—ppear quite contrary that where Lordly Bishops domineer and bear Rule and Sway neither Kings nor Kingdoms themselves or Subjects are secure Now to the Reign of King Edward the Third did not John Archbishop of Canterbury perswade and incite this King and the Parliament to a most dangerous War with France whereby the Death of Millions hath been occasioned To such Mischief do they use their Learning and Eloquent Orations in Parliament What Epiphanius delivered of Philosophers that they were In Re stultâ Sapientes so may we say of such Bishops that they are In malo publico facundi But to pass by particular Men and Actions I shall only deliver unto you some Notable Passages in Parliament Anno 1371. The Parliament did Petition the King to have them deprived of all Lay-Offices and Government they being commonly the Plotters and Contrivers of all Treasons Conspiracies and Rebellions the very Incendiaries Pests and Grievances both of the Church and State the chiefest Instruments to advance the Peoples usurped Authority though with Prejudice of the Kings which they never cordially affected and the Arch-Enemies of the Common-wealth through their private Oppression Covetousness Rebellion and Tyranny when they have been in Office as may appear by Antiquitates Ecclesioe Britannicae in the Lives of Anselm Becket Arundel c. Here we see that they never affected the Authority of Kings but rather were Scourges to their Sides and Thorns in their Eyes Now we come to R. 2. his Grandchild who Succeeded him R. 2. we read that when in Parliament in London the Layety had granted a Fifteenth on Condition that the Clergy would likewise give a Tenth and Half William le Courtney then Archbishop did stiffly oppose it alledging they ought to be free nor in any wise to be taxed by the Layety which Answer so offended the Lords and Commons Tho. Walsingham that with extream fury they besought the King to deprive them of their Temporalties alledging That it was an Alms-Deed and an Act of Charity thereby to humble them that was then delivered for an Alms-Deed and an Act of Charity which is now accounted Sacrilege and Cruelty The next that Succeeded him was H. 4. but an Usurper also H. 4. for at that time there were living of the House of York whose Right by the Title of Clarence was before his as Mortimer c. In opposition to his Claim and Right the Bishop of Carlisle made a most Eloquent Oration but to what purpose Hayward to perswade his dethroning now vested in the Regal Government and thereby to ingage the Kingdom in a Civil War which when his Oratory could not effect he laboured and so far prevailed that by his subtil insinuations and perswasions many Princes of the Blood Royal Joh. Stow ex Anonymo Hal. Cron. and other great Lords were drawn to a Conspiracy himself laying the Plot together with the Abbot of Westminster the Chief Wheels of all the Practice as moving the rest for the King's Death whereby he brought to the Block those Noble Peers and as his Pestilent Council had infected their Minds so was the Blood of them John Stow Annals Hall ex Walsingh and theirs tainted by this foul Treason but as I discommend his disloyal Actions so I no better approve the other flattering and Time-serving Bishops who did Plead the Right of the Title of the said King more Eloquently than Honestly more Rhetorically than Divinely for which their Expressions they were employed as Ambassadors to Foreign Parts to declare and justifie his Title and Right to the Scepter the Bishop of Hereford to Rome the Bishop of Durham to France the Bishop of Bangor to Germany and the Bishop of St. Asaph to Spain which Bishop of Asaph sate as Judge in that Parliament and pronounced the Sentence of Deposition against King Richard The Form as near as I remember was We John Bishop of St. Asaph John Abbot of Glastenbury Commissioners named by the House of Parliament Sitting in Place of Judgment c. Here you may note that the Bishop did pass Judgment of a great Inheritance no less than Two or Three Kingdoms and though not between two Brothers but Cozins yet did adjudge most wrongfully as was most apparent I note withal That the Title of Lord is not assumed by this King-deposing Bishop nor any other that I read of Now what he had judged in Parliament his Holy Brother of Canterbury must make good in Pulpit Fabian 1. Concor Hall ex Fab. delivering what unhappiness it was to a Kingdom to have it governed by such a Man Certainly a most dangerous Position to an Hereditary Monarchy I also note that this Arch-Bishop was Brother to the Earl of Arundel and at the same time the Arch-Bishop of York a near Kinsman to the Earl of Wiltshire and who durst then plead against the Right of the Bishops Sitting in Parliament In the same King's Reign Richard le Scroop the Arch-Bishop of York did in Parliament enter into Conspiracy with Thomas Mowbray Earl Marshal against the said King for which they were both beheaded And now in the said King's Reign in the Parliament of Coventry let me also tell you That in the said Parliament as in other both before and after a Bill was exhibited against the Temporalties of the Clergy who called that Parliament Parliamentum Indoctorum saying That the Commons were fit to enter Common with their Cattle having no more Reason then bruit Beasts This is Speed's delivery but I take it that he repeateth it as the Prelates Censure of the House of Commons But to him succeeded Henry the Fifth H. 5 in his time did not Henry Chichley in an Eloquent Oration in Parliament revive
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
the People here 's the Kingdom to be put into a posture of Defence and a Protestation to assist the Parliament against all wicked Counsellors and Malignant Opposers to the utmost hazard of Life and Estate so that there wanted only an occasion to break out into actual Arms and open Rebellion if these Requests were not Granted This was the way of Petitioning of that time For the Faction now began to be bold and daring and under the Countenance and Protection of their Patriots in the two Houses to affront the Government in the most Insolent Manner imaginable and under the Pretence of Petitioning the Commons to gather together in such tumultuous Routs and Riots as if they would bid open Defiance to the King and the Laws and in truth such an Assembly as upon this Occasion met at Blackheath to subscribe such another Petition threatning what they would do if the Bishops c. were not thrown out of the Lords House would in any other Age have been reputed a plain Rebellion as in truth it was a Prologue to it and a kind of general Muster of the Strength and Effective numbers which the several Tribes of the Schismaticks were able upon Occasion at the Beat of their Pulpit or Petition Drums to bring into the Field against the King the Laws and the Established Government It was upon the Notice of these Tumultary Proceedings and Threatnings that the Guards were raised and placed about Westminster which the Faction in the two Houses who knew by Experience the use of these Tumults took so hainoufly and lest the Well-Affected should meet any discouragement in this Scottish Presbyterian Way of Reformation and fall into the Hands of the Law and Justice they resolved to tye the Hands of Justice behind her and to bind the Laws to the Peace and Good Behaviour which otherwise would have handled these Petitioners very severely with Riotosè's and Routoses contra pacem Domini Regis Tumultuary Petitioning incouraged and protected by the Faction in the Commons House And therefore for fear of the Worst It was Ordered in the House of Commons That the Vnder-Sheriff of Surrey be injoyned not to suffer any Proceedings to be made upon an Inquisition that concerns any Persons that met to subscribe a Petition to be preferred to this House till he shall receive further Order from the House And in truth the Faction in the two Houses carried all before them with that Violence and Impetuosity that many both of the Lords and Commons seeing themselves unable to do any thing towards cooling their Heats or abating their Rigors and that who ever did in the least oppose their Proceedings inevitably drew upon himself some furious Vote or a Prison as a mark of their Displeasure withdrew themselves from the Parliament which as it gave the Faction great Encouragement so likewise it gave them opportunity to do what they pleased without control His Majesty taking notice thereof issued forth the following Proclamation to command their Attendance who were absent as follows By the KING A Proclamation for the Attendance of the Members in both Houses in Parliament HIs Most Excellent Majesty having Summoned this present Parliament A Proclamation for absent Members to attend the Parliament Dec. 12. 1641. in His princely Care of the good and Welfare of His lobing Subjects In the continuance of the same Care doth with Advice of His Privy Council by this His Royal Proclamation declare His Royal Will and Pleasure to be That all the Members of both Houses of Parliament do repair to the Parliament at Westminster at or before the Twelfth of January next and give their due and diligent Attendance in Parliament To the end that this Kingdom may fully injoy the Benefit and Happiness which His Majesty intendeth unto them by Summoning and continuing of this Parliament And of his Majesties Will and Command they are to take Notice by this His Proclamation and to give a just Observance thereunto upon such pains and penalties as by Law and Iustice may be inflicted upon them Given at His Majesties Palace of White-Hall the Twelfth day of December in the seventeenth year of his Majesties Reign God save the KING The Lords at a Conference this day with the Commons Monday Decemb. 13. agreed That the English Commissioners should have power to Treat with the Scottish Commissioners for the Raising of 10000 Men for the Service of Ireland The Commons also informed the Lords That they had taken the Request of the French Ambassador concerning banishing the Seven Condemned Priests into consideration and desire the concurrence of their Lordships that Execution may be done upon five of them viz. upon Hamond Rivers alias Abbot Walter Coleman alias Colmer Francis Tornam alias Winmore and one Frier Whereupon it was upon the Debate in the Lords House Resolved to have a Conference To know the Reasons that induced the Commons to be of Opinion that five should be Executed and two Saved In the Commons House Mr. Glyn Reported the Conference concerning the 13 Bishops that stood impeached that the Lord Keeper said That the Bishops Council insisted still upon the Plea and Demurrer and that they took exceptions to the last Conference because there was delivered to the Reporter of the Lords House the Arch-bishop of York a Paper intituled A Report made by Serjeant Wild from the Committee for the 13 Bishops He said he conceived for his part that it was the Vote of the House but to satisfie that Objection desired to know the Answer of the House I told his Lordship it passed the Vote of the House and that Paper was but as a Memorandum to the manager of that Conference and delivered by him at that time to the Reporter of the Lords House to enable him to Report but did not conceive this Vse would have been made of it or that it should have been shewed to the Bishops Council Tuesday Decemb. 14. Several invidious things proposed by the Commons at a Conference viz. a Declaration against Tolleration of the Romish Religion c. The Lord Keeper Reported this day the Conferences Yesterday with the Commons That divers Papers were read brought from the House of Commons The first Paper consisted of Motives which induced the House of Commons to make their particular Requests The second Paper was the desires of the House of Commons That the Lords would joyn with them in an humble Petition to the King against Toleration of the Romish Religion in England and Ireland and that his Majesty would make a Declaration to this purpose The third Paper was a draught of a Declaration to that purpose The Fourth Paper was a Declaration to be made by the Queen upon the Petition of both Houses to His Majesty to perswade her thereunto That for preventing of all Scandalous Reports and Apprehensions of the Queens Majesty as if she had or would favour and incourage the Rebels in Ireland His Majesty would be graciously pleased to advise
1. That for the sad business of Ireland His Majesty cannot possibly express a greater sence then He hath done there being nothing left on His Majesties part unoffered or undone And He hoped by the speedy advice and assistance of His Parliament that great and necessary Work would be put in a just forwardness to which his Majesty will contribute all his power And how zealous He is and hath bin therein will appear in a Declaration speedily to be set forth by his Majesty 2. For the Tower His Majesty wonders that having removed a Servant of good Trust and Reputation from that Charge onely to satisfie the fears of the City and put in another of unquestionable Reputation and known ability the Petitioners should still entertain those fears and what-ever preparation of Strength is there made is with as great an Eye of Safety and advantage to the City as to his Majesties own Person and shall be equally employed to both 3. For the fortifying of White-hall with Men and Munition in an unusual way His Majesty doubts not but the Petitioners have observed the strange provocation he hath received to entertain that Guard That by the disorderly and tumultuous conflux of people at Westminster and White-hall his Majesties great Councel was not onely disquieted but his own Royal Person in danger most seditious language being uttered even under his own windows whilest the examination and punishing such Tumults by the course of Law were interrupted and stopped And if any Citizens were wounded or ill intreated his Majesty is confidently assured that it hapned by their own evil and corrupt demeanours 4. His Majesty knows no other endeavours to the Innes of Court then a gracious intimation That He received the tender of their loyal and dutiful Affections with very good Approbation and Acceptance and an incouragement given them to continue the same upon all occasions Neither doth his Majesty know what discovery hath bin lately made of Fire-works in the hands of any Papist 5. For his going to the House of Commons when his Attendants were no otherwise armed then as Centleman with Swords his Majesty is verily perswaded That if the Petitioners knew the cleer grounds upon which those persons stand accused of high Treason and what will be proved against them which in due time they shall be acquainted with and considered the gentle way his Majesty took for their apprehension which he preferred before any course of violence though that way had bin very justifiable for his Majesty is very well assured that it is notoriously known that no priviledge of Parliament can extend to Treason Felony or breach of the Peace the Petitioners would believe his Majesties going thither was an Act of grace and favour to that House and the most peaceable way of having that necessary service for the apprehension of those persons performed specially if such Orders have bin made which his Majesty is not willing to believe for the resistance of all lawful Authority as are discoursed of 6. And for the proceedings against those Persons mentioned in the Petition his Majesty ever intended the same should be with all justice and favour according to the Laws and Statutes of the Realm to the which all innocent men would cheerfully submit And this extraordinary way of satisfying a Petition of so unusual a nature his Majesty is confidently perswaded will be thought the greatest instance can be given of his Majesties clear intention to his Subjects and of the singular estimation he hath of the good affections of the City which he believes in gratitude will never be wanting to his just Commands and Service The People were kept perpetually allarm'd An Information of a Plot against some Lords with one little Plot or another either against the Parliament in General or some particular Persons the Favorites of the Faction so it is no Miracle that they were in such heats but rather that they did not fall into perfect Frenzy and Madness for want of Sleep to cool their Brains every day produced a new Discovery to keep them waking And this Day one Francis Moor an Italian gave in an Information to the House of Lords That yesterday he coming towards White-Hall he stood talking with an Irish Man who lives with the Lord Viscount Loftus in the Street and overheard one Brian Kelly an Irish Man Servant to the Earl of Arundel speak in Italian to one Signior Francisco an Italian and say That there was a Plot laid to kill some Lords of the Parliament and in particular named the Earl of Northumberland the Earl of Essex the Earl of Holland the Earl of Pembroke and the Earl of Leicester Hereupon It is Ordered That the said Brian Kelly and Signior Francisco shall be forthwith apprehended and attached by the Gentleman Vsher attending this House and brought as Delinquents to the Bar which was done accordingly and Brian Kelly being brought to the Bar and charged with the Words he denied that he ever spake any such Words Thereupon Moore was called in to confront him and upon Oath averred what he had formerly informed Whereupon Kelly was by Order of the Lords committed to Newgate that Mr. Justice Reeves and Justice Foster do presently examine the said Kelly and Signior Francisco and all others whom they think fit to give further Informations in this Business and report the said Examinations to the House Mr. Justice Reeves informed the House That the Irish Man's Name that was with Moore when he heard Kelly speak the Words is Philip Dnell Servant to the Lord Sheffield Hereupon the said Duell was sent for to attend the House presently and to be Examined The Lord Chief Justice of the King's Bench was also Ordered forthwith to examine Tho. Acroie and Signior Francisco and such others as he shall think fit to examine touching the Report of the Plot that certain Lords of this House should be killed and to report the same to the House The Attorney General ordered to justify his proceedings against Kymbolton and 5 Members It was then moved That Mr. Attorney General might be commanded to speak what he can to justify the manner of Proceedings against the Lord Kymbolton and the five Members of the House of Commons Then Mr. Attorney made a Narrative of what he did that Day by the King's Directions and when he came to justify himself as to the legality of the proceeding and that it was agreeable to the Course of Parliament he desired some time to prepare himself with some particular Proceedings which would be too long to read now and the House gave him time till to morrow Morning The Commons were restless to have the Loyal Lieutenant Sir John Byron out of the Tower Message from the Commons about the Tower and therefore a Message was sent by them to let their Lordships know That they are informed that there are extraordinary quantities of Ammunition carried out of the Tower and extraordinary Stores of Provisions carried in and therefore
chosen the rather hereby to charge the said Luke Nettervile Blackney King and all the Persons there Assembled with them upon their duties of Allegiance to his Majesty immediately upon sight hereof to separate and not to unite any more in that manner without direction from us and that the said Netervile Blackney King and six others of the Principal Persons of those who are so Assembled at Swoords or thereabouts as aforesaid do appear before us to morrow morning at ten of the Clock to shew the cause of their Assembling in that manner whereof they may not fail at their extream Perils Given at his Majesties Castle of Dublin 9. Decemb. 1641. Ormond Ossery Rob. Dillon Cha. Lambart J. Temple Charles Coot But instead of Obedience to the Commands of their Lawful Superiors they returned this Answer That they were constrained to meet there together for the safety of their Lives That they were put into so great a Terror by the rising out of some Horse Troops and Foot Companies at Dublin who Killed four Catholicks for no other reason than that they bore the name of that Religion as they durst not stay in their Houses and therefore they resolved to continue together till they were assured by their Lordships of the safety of their Lives before they ran the hazard thereof by manifesting their due obedience to their Lordships And there they began to form a kind of an Army Constituting Richard Golding Thomas Russell Francis Russâ—ll Robert Travers Christopher Hollywood and others to be Captains over such Men as they had and intended to Raise Hereupon the Lords Justices and Council Published a Proclamation the 13th of December Declaring their Innocency and that those four they alledged were Killed as Papists one of which was a Protestant were such as were found actually Guilty of Rebellious Courses commanding them upon their Allegiance to his Majesty to separate upon sight of their Warrant and that the said Luke Netterville and his Accomplices should appear before the Board on the 18th of the said Month to the end they may be fully heard by the Lords Justices and Council to which end their Lordships thereby gave them and every of them the Word of the State that they might then securely and safely repair thither without danger of any trouble or stay whatsoever But they took little notice of these Commands or Promises but continued still at Swoords and their Numbers increasing they threatned to come and Incamp at Clantarfe a little Village Situate upon the very Harbor of Dublin where some of their Party had already at low Water Seized and Plundred a Barque lying there carrying a great part of the Goods they took from Aboard her to the dwelling House of Mr. King who was owner of that Village This insolent and daring Villany put the Board upon a very quick and severe Resolution fearing that if they should in good earnest Seize upon that Village and make any Fortifications there by the Assistance of the Rebels Ships at Wexford they might stop up the Haven of Dublin and prevent all Relief from coming to them from England which was the only Remainder of hopes which they had left And therefore the said King continuing in his Contumacy with the other Gentlemen at Swoords an Order of Councel was Issued to Prosecute the Rebels at Clantarf and their Relievers as follows By the Lords Justices and Council William Parsons John Borlase FOrasmuch as divers of the Inhabitants of Clantarfe Order of the Lords Justices and Council for prosecuting the Rebels at Clantarf c. 14th Dec. 1641. Raheny and Kilbarrock have declared themselves Rebels and having Robbed and Spoiled some of his Majesties good Subjects are now assembled thereabouts in Arms in great Numbers Mustering and Training of their Rebellious Multitudes to the Terror and Danger of his Majesties good Subjects as well at Land as at Sea which their boldness is acted in such a manner as to put scorns and Affronts upon this State and Government they acting such Depredations even before our Faces and in our own View as it were in despight of us It is therefore Ordered that our very good Lord the Earl of Ormond and Ossery Lieutenant General of the Army do forthwith send out a Party of Souldiers of Horse and Foot to fall upon those Rebels at Clantarfe and thereabout who in such disdainful manner stand to out-face and dare us and to endeavour to cut them off as well for Punishment of them as Terror to others and to Burn and Spoyl the Rebels Houses and Goods and to prevent their further annoying of the Shipping going out and coming in and lying in Harbour those Souldiers are to bring up or cause to be brought up to the new Crane at Dublin such of the Boats and Vessels now lying there as they can upon the sudden and to Burn Spoyl Sink and make unserviceable the rest Given at his Majesties Castle of Dublin 14th December 1641. Ormond Ossery Rob. Dillon Cha. Lambart Ad. Loftus J. Temple Cha. Coote Fr. Willoughby Also the same day an Order was Issued from the Board for Prosecuting the Rebels at Swoords as followeth By the Lords Justices and Council William Parsons John Borlase WHereas divers Rebels lately Assembled at Swoords and other Places An Order of the Lords Justices Council for prosecuting the Rebels and their Relievers at Swoords Dec. 14th 1641. where they continued in Warlike manner braving this State and Robing and Spoyling his Majesties Good Subjects thereabouts in Scorn and Contempt of this Government and Terror of his Majesties well affected Subjects thereabouts And whereas those Rebels have been harboured and relieved by the Inhabitants of Swoords and other Places who have shewed so much readiness to comply with them and good affection towards them as they did not in all the time they continued there send us any Advertisement thereof or of the Number or Strength of the Rebels whereby we might take a course to Vindicate his Majesties Honour in this State and Government from the Scorn and Affront of the Rebels and render deliverance and safety to his Majesties good Subjects It is therefore Ordered That our very good Lord the Earl of Ormond and Ossery Lieutenant General of his Majesties Army do forthwith send out a Party of his Majesties Forces Horse and Foot to fall upon those Rebels and their said Relievers and Harbourers and to cut them off and as well for Punishment of those their Relievers as for Terror to others to Burn Spoyl and Destroy the Houses Corn and all other Goods of the said Relievers at Swoords or other Places where the Rebels have been or are Relieved Given at his Majesties Castle of Dublin the 20th day of December 1641. Ormond Ossery Cha. Lambart Ad. Loftus Jo. Temple Cha. Coote Fr. Willoughby Ja. Ware Rob. Meredith And accordingly the next day Sir Charles Coot with a Commanded Party went to Clantarfe and set the Village on Fire Burning their Boats and Houses so that they