Whereas the taking away the Bishops Voices and Peerage in Parliament must of necessity utterly Exterminate one of the three Estates as before was said so de-declared by the Statute Law of the Land Upon Information to the Lords Order of the Lords about Ship-mony remaining in divers Sheriffs hands that divers Sheriffs had remaining in their hands Monies which were collected of the Counties for Ship-mony and undisposed of it was Ordered That these Lords Committees following do consider and think of some way to restore the Ship-mony remaining in the hands of any Sheriff or Vnder-Sheriff and other Officers undisposed of in every Shire unto the several persons from whom it was received or else that it be imployed in some way for the ease and good of the Countries where it hath been Collected viz. Earl of Bath Earl of Essex Earl of Berks Viscount Say and Seal Episcop Winton Episcop Lincoln Their Lordships or any four of them are to meet when and where they please The Petty-Farmers of the Customs Sir Paul Pindar Sir John Jacob Sir Job Harvey Sir Nicholas Crisp and Sir John Harrison got a Petition presented to the House which was read and answered Petty-Farmers of the Customs Petition the House That the House would take the justness of this Petition into Consideration in due time * Saturday June 5th Lay-Preachers One Robinson a Clerk in the Custom-House John Spencer a Horse-Courser Adam Banks a Stockinseller John Durant and one Green being Complained against for Preaching being mere Lay-men were by Order summoned to appear before the House Thus Early the Banks of Episcopal Authority over the Church being broken down did the floods of Ungodly men the deluge of unordained Schismaticks begin to flow in upon the Nation and by the Example of their Superiors who invaded the Crown took incouragement to invade the Priesthood and though one would have thought that this might have given them a fair prospect of the Danger which must accrue to the Church by pulling down the Pillars of it Committee appointed to Expedite the Charge against the Arch-Bishop of Canterbury and thereby Encouraging the Factious Schismatiques to lay it wast yet Mr. Sollicitor St. John Mr. Glyn Mr. Selden Mr. Vaughan Mr. Prideaux Mr. Maynard Sir Thomas Widdrington Mr. Peard Mr. Rigby Mr. White Mr. Hambden Mr. Whitlock were ordered to Expedite the Charge against the Archbishop of Canterbury This day the Lord Marquess of Hartford was introducted between the Lord Marquess of Winton and the Earl of Essex all in their Robes Lord Marquess of Hartford introducted 5. Junii 1641. the Lord Great Chamberlain the Earl Marshal and Garter going before and having delivered his Patent of Creation dated 3 o. die Junii 1641. 17 o. Carol. Regis upon his Knee unto the Speaker who delivered it unto the Clark to be read which being done he was brought and placed next below the Lord Marquess of Winton In the Lords House the Bill concerning the Bishops was taken into Consideration and for the better debate of it the House as was Usual was put into a Committee during pleasure but before the House could come to any Result a Message was brought from the House of Commons hereupon the House was resumed and it was Ordered That the further Debate of the Bill concerning the Bishops shall be to morrow morning the first Business and also the Reasons of the House of Commons why Bishops should not Vote in Parliament are to be Considered I will not be positive but I have good reason to conjecture That at this time and upon this occasion the Lord Viscount Say and Seal made one of his Long-winded Speeches against Bishops which was so much applauded by those long Parliamentarians and I am the rather induced to believe it in regard of an Order of the House immediately following the Debate n haec verba Ordered and Declared Order against formal Speeches as unparliamentary That reading of formal Speeches and Answers out of Papers in this House is no Parliamentary Way The House was not yet purged of those Noble and Loyal Lords who were for Monarchy and Episcopacy and the Supporting the Ancient and Fundamental Establishment of Parliaments by the Three Estates of Lords Spiritual Temporal and Commons and these long formal Speeches very much retarded the Proceedings and Debates of the House which seems to be the reason of this Order However take the Speech as I find it in several Prints by which the Reader will see what the Champion of the Age against Bishops was able to say upon the subject My Lords I Shall not need to begin as high as Adam The Lord Viscount Say and Seal his Speech against Bishops Votes c. in answer to what has been drawn down from thence by a * * Bishop of Lincoln Bishop concerning this Question for that which is pertinent unto it will only be what Concerns Bishops as they are Ministers of the Gospel what was before being of another Nature can give no Rule to this The Question that will lye before your Lordships in passing of this Bill is not Whether Episcopacy I mean this Hierarchical Episcopacy which the World now holds forth to us shall be taken away Root and Branch but Whether those Exuberant and superfluous Branches which draw away the Sap from the Tree and divert from the right and proper use whereby it becomes unfruitful shall be cut off as they use to pluck up Suckers from the Root The Question will be no more but this Whether Bishops shall be reduced to what they were in their first advancement over the Presbyters which although it were but a human device for the Remedy of Schisme yet were they in those Times least Offensive or continue still with the Addition of such things as their own Ambition and the Ignorance and Superstition of succeeding Times did add thereunto and which are now continued for several Politic Ends. Things heterogeneal and inconsistent with their Calling and Function as they are Ministers of the Gospel and thereupon such as ever have been and ever will be hurtful to themselves and make them hurtful to others in the Times and Places where they are continued And these things alone this Bill takes away that is their Offices and Places in Courts of Judicature and their Employments by obligation of Office in Civil Affairs I shall insist upon this to shew First how these things hurt themselves And Secondly how they have made and ever will make them hurtful to others They themselves are hurt thereby in their Consciences and in their Credits In their Consciences by seeking or admitting things which are inconsistent with that Function and Office which God hath set them apart unto They are separated unto a special Work and Men must take heed how they misemploy things dedicated and set apart to the Service of God They are called to Preach the Gospel and set apart to the Work of the Ministry and the Apostle saith
Parliament was not only thought unnecessary but themselves involved in a general distrust That neither the Parliaments nor the Marquess of Ormond 's offer to suppress the Rebellion would be accepted That the inforced complying of the Nobility and Gentry of the Pale with a powerful Army which was Master of their Lives and Fortunes was imputed to them as a malicious aversion from the English Government That the blood of Innocent Husband-men was drawn and the heads of Men were grown an acceptable Spectacle in Dublin That the Publick Faith was broken and Mens Houses particularly inabled to claim benefit by it pillaged and burnt That all ways were obstructed by which they might implore His Majesties Mercy and represent their Conditions That the Favourable Intentions of the Parliament of England and His Majesties Gracious Pardon which was meant should extend to all save such as were guilty of blood was so limited by them as no estated man could receive benefit by it That those who notwithstanding these Restrictions cast themselves freely upon His Majesties mercy were Imprisoned Indicted and some of them Rack't That the Earl of Castlehaven might have found it a Capital Crime to mediate in their behalf if he had not made his Escape after Twenty Weeks Imprisonment That the King 's Sworn Servant was Rack't and his Ministers whose Duty it was to have been Zealous for the honour of their Master endeavoured to asperse it and render him and his Royal Consort odious to his People by striving to Extort from a tortur'd man some Testimony by which they might be accused of raising and Fomenting that Rebellion When these and many other Arguments of this kind which for fear of prolixity are omitted had convinced the Catholiques of Ireland that the Lords Justices and that part of the Council which adhered to them became unfaithful to His Majesty and had designed the Ruine of that Nation and the Extirpation of their Religion that Law which moves the hand by interposing it self to bear off a stroak aimed at the Head Convened an Assembly of these who were exposed to those so eminent dangers in which they modelled a Government in order to their Natural defence obliging themselves by such an Oath to His Majesty his Heirs and Successors as well shewed their affection to the Crown and their unalterable resolutions to maintain His Majesties Rights and to follow his Fortune Between these divided Governments there have been Battels fought Cities and Forts besieged and much Christian Blood spilt which will one day lye at some Mens doors And who those are the Eternal Wisdom best knows and the Reader is left free to determine Thus far the said Narrative Printed and Published at London in the Year 1660 And which I find in P. W's Reply to the * Earl of Orrery Person of Quality's Answer c. Pag. 7. By which it appears That the Lords Justices used some indiscreet as well as unjust Severities which did not a little contribute to the inflaming of the Rebellion but still it was a Rebellion which is a Crime so black and horrid in the sight of God and all good Men that no excuses can Palliate or Extenuate nor any Circumstances of Hardships or Oppressions Injustice or Wrongs can justifie since it is utterly inconsistent with not only all the Rules of Civil Polity but the Divine Rules of Christianity which teaches us not to resist the Powers which are ordained of God under a penalty of Damnation which is a danger and a loss of so vast Extent as that the loss of Liberty Goods and even Life it self which are the utmost we can suffer from unjust Men are but trifles if compared with it and the Method is Extravagant to the very last Degrees of Folly and Madness which applies a Medicine Ten Thousand times worse then the Disease and is such a piece of discretion as for a Man to leap into the Sea to avoid a shower which would wet him to the skin Without all Controversie the Progress and Growth of this Horrid Rebellion as before was observed must be attributed in a great Measure to the Misfortune Untimely Death of that Great Man and Wise Governor the Earl of Strafford For upon his quitting of Ireland the Nation which before seemed to do and really injoyed a most Serene and Quiet Calâ— of Peace began to be over-cast and clouded with Discontents Grievances Fears and Jealousies which notwithstanding all the Power of the Beams of his Majesties Grace and Favour which were so warmly bestowed upon them were so far from being thereby dissipated that they still Encreased until at length those black and sullen clouds discharged themselves in the most dismal Tempest of Fire and Blood that any Age or almost any Nation under Heaven hath beheld And this will most Evidently appear by the Consequences which immediately followed upon the Earl of Strafford's parting with the Rains of that Government Christopher Wendesford Esq Mr. of the Rolls in Ireland made Lord Deputy there April 3. for upon his coming for England Christopher Wendesford Esq Master of the Rolls was the 3d. of April 1640. sworn Lord Deputy He was a Person of great Abilities and one with whom the Earl of Strafford had even from their Early Years contracted an Intimacy and Friendship which Ended not but with their Lives and so great was his Fidelity to this Noble Earl that perceiving the Parliament of Ireland who not long before had sung such Hosanna's to the Earl of Strafford in the Peamble to the Bill of Subsidies now running as fast down the Hill in joyning with his Enemies in England to procure his Ruin and Destruction he Adjourned the Parliament in November following to the 26th of January hoping by that means to prevent the Blow which he saw they were levelling at that Wise and Illustrious Head but notwithstanding all that he could do the Earl's Enemies made a shift before they broke up to frame a Remonstrance against the Earl and though he used his utmost Endeavours to stop the Committee of the Parliament from carrying into Englund yet was he not able to prevent it nor their passage but that all the Ports being open four Lords and 12 Commoners the greatest part of which were Papists passed over into England and Exhibited their Remonstrance and did the Earl all the Ill Offices they were able for which they were then Highly Countenanced and Caressed by the Faction in the English Parliament who together with the Scottish Rebels then at London to finish the Treaty between the Two Kingdoms pursued the Life of that Great Man with the Utmost Vigor and Animosity that Malice and Power would suggest unto them The Names of the Irish Committees were The Nomes of the Irish Committee The Lord Viscount Gormanston Lord Kilmalloc Lord Castiloe L. Baltinglass Of the Commons For Lemster Nich. Plunkett _____ Digby Richard Fitz-Garret Esquire Munster Sir Hardress Waller Sir Donnogh Mac-Carti John Welsh Esquire Conaght Robert Linch Geffry Brown Thomas Bourk
the Earl of Leicester Lord Lieutenant of Ireland making some scruple of raising Men to be imployed in the busness of Ireland without the King's Commission and his Lordship desiring to have the Authority of the Parliament for the same in the mean time It is thought fit and so Ordered by the Lords in Parliament according to the Power given unto them by His Majesty mentioned in an Order dated the sixth of November 1641. That the said Lord Lieutenant shall have full power by virtue of this Order to Levy Men according to the Order given him from the Parliament in the interim until His Majesty shall grant him a Commission under the Great Seal of England for his Warrant for so doing The House of Commons did also take notice of the Doubt of the Earl but notwithstanding did resolve and think fit that he should proceed to raise men for the Service by Virtue of the Ordinance of Parliament It was also Ordered by the Lords and Commons A Council of War for the Affairs of Ireland That the Lord Viscount Wilmot Sir John Conyers Sir Jacob Ashly Sir Simon Harcourt Sir John Heyden Sir Foulk Hunks Sir Thomas Glemham Sir Robert King Colonel Culpeper Colonel Vavasor Lieutenant Colonel Ballard and Captain Skippon shall be Assistants as a Council of War to the Committees of both Houses of Parliament appointed for the Affairs of Ireland and have full Power by virtue of this Order to meet and consider of the present state and condition of the said Kingdom and also of an Establishment for the Army Lords agree with the Commons to put the Laws against the Papists in Execution speedily The Lords then entred upon the Consideration of the Proposition sent from the Commons concerning securing the Persons of Popish Recusants and after a long Debate the Result was this That whereas the House of Commons desired that the persons of the Romish Recusants for the safety of the Kingdom might be secured this House doth consent with them therein and Orders That the Laws of this Kingdom shall be put into Execution against them presently Upon the desire of the Commons by Mr. Pym Letters from France and Antworp stopped it was Ordered by the Lords That the Foreign Letters from France and Antwerp be stopped and perused by the Lords Committees for opening Letters there being as Mr. Pym said ground and intelligence that those Letters will discover some Root of the Rebellion in Ireland The Declaration of the State of the Kingdom was also this day read and it was moved that a Consideration of these particulars might be added and which is very uncommon I find in the Margin of the Journal the Names of the Persons which made the several Motions which in regard it is to be supposed they did it in futuram rei Memoriam that Posterity might not hereafter be to seek for their Names I will take care to transmit them down to future Ages but whether they will have Statutes Erected for the Achievement I cannot promise unless it be of Infamy Moved That the last Expedition into Germany J. C. but whether Corbet or Clotworthy I cannot tell The Loans upon Privy Seals The Commission of Excise might be added The Additional Explanation to the Petition of Right Palmer I suppose The Declaration set forth upon the Breach of both Parliaments Strode The Proclamation set forth Wingate forbidding People so much as to talk of a Parliament Gun-Powder Monopoly J. C. as it was a Project for the disarming of the Kingdom The destruction of Timber Wildt especially in the Forrest of Dean by Recusants The Entituling the King to the Lands between High-Water J. C. and Low-Water mark The abuses of Purveyors and Salt-Petre men Whitlock The Commission of Sewers to be further Explained Cromwel The Court of Wards Smyth The Jurisdiction of the Council of the Marches The Council Table as they take Cognizance of Me Te. The Buying and Selling of Honours and Dignities The further Debate ordered to be resumed to Morrow The Lord Keeper Reported the Conference with the Commons Yesterday That Mr. Pym delivered by Command divers Heads agreed upon by the Commons Wednesday Novem. 10. which are Instructions to be sent to the Commissioners of both Houses now attending his Majesty in Scotland which they desire their Lordships to joyn with them in The Instructions were read in haec verba 1. YOu shall humbly inform his Majesty Instructions to the Commissioners in Scotland Nov. 10th 1641. That the Propositions made to the Parliament of Scotland concerning their Assistance for suppressing the Rebellion in Ireland hath been fully considered and debated by both Houses of Parliament here and their Wise and Brotherly Expressions and Proceedings are apprehended and Entertained here by us not only with Approbation but with Thankfulness Wherefore we desire that his Majesty will be pleased That You in the Name of the Lords and Commons of England give publick Thanks to the States of the Parliament of Scotland for their Care and Readiness to imploy the Forces of that Kingdom for the reducing the Rebellious Subjects of Ireland to their due Obedience to his Majesty and the Crown of England 2. You shall further make known to his Majesty That in the great and almost Vniversal Revolt of the Natives of Ireland cherished and fomented as we have Cause to doubt by the Secret Practices and Encouragements of some Forreign States ill-affected to the Crown and that the Northern Parts of that Kingdom may with much more Ease and Speed be supplied from Scotland than from England We humbly desire and beseech his Majesty to make Vse of the Assistance of his Parliament and Subjects of Scotland for the present Relief of those Parts of Ireland which lie nearest to them according to the Treaty agreed upon and confirmed in both Parliaments and this Affectionate und Friendly Disposition now lately Expressed as is more particularly specified in the 5th Article 3. You shall present to His Majesty the Copy Enclosed of the Declaration which We have sent into Ireland for the Encouragement of his good Subjects there and for the more speedy and Effectual opposing of the Rebels and in Execution and performance of our Expressions therein made of Zeal and Faithfulness to his Majesties Service We have already taken Care for 50000 l. to be presently Borrowed and Secured by Parliament We have likewise resolved to hasten the Earl of Leicester Lord Lieutenant of Ireland very speedily to repair thither and forthwith to raise a Convenient number of Horse and Foot for securing Dublin and the English Pale with such other Parts as remain in his Majesties subjection intending to second them with a far greater Supply 4. We have further Ordered and Directed That his Majesties Arms and Munition lying in the City of Carlisle shall be Transported into the North Parts of Ireland for the supply of Carrick-fergus and other his Majesties Forts and
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
then a Peer of the said Realm to Imprison him unless he would surcease his suit and said That he would have neither Law nor Lawyers dispute or question any of his orders And the 20. day of March in the said 11. year the said Earl of Strafford speaking of an order of the said Councel Table of that Realm in the time of King James which concerned a Lease which the said Earl of Cork claimed in certain Rectories or Tithes which the said Earl of Cork alledged to be of no force said That he would make the said Earl and all Ireland know so long as he had the Government there any Act of State there made or to be made should be as binding to the Subjects of that Kingdome as an Act of Parliament And did question the said Earl of Corke in the Castle Chamber upon pretence of the breach of the said order of Councel Table and did sundry other times and upon sundry other occasions by his words and speeches arrogate to himself a power above the fundamental Laws and Established Government of that Kingdom and scorned the said Laws and established Government 5 That according to such his Declarations and Speeches the said Earl of Strafford did use and exercise a power above and against and to the Subversion of the said fundamental Laws and established Government of the said Realm of Ireland extending such his power to the Goods Free-holds Inheritances Liberties and Lives of his Majesties Subjects in the said Realm viz. The said Earl of Strafford the twtefth day of December Anno Domini 1635. in the time of full peace did in the said Realm of Ireland give and procure to be given against the Lord Mount Norris then and yet a Peer of Ireland and then Vice-Treasurer and receiver general of the Realm of Ireland and one of the principal Secretaries of State and Keeper of the Privy Signet of the said Kingdom a Sentence of death by a Councel of War called together by the said Earl of Strafford without any Warrant or Authority of Law or offence deserving any such punishment And he the said Earl did also at Dublin within the said Realm of Ireland in the Month of March in the fourteenth year of his Majesties Reign without any legal or due proceedings or Tryal give or cause to be given a Sentence of death against one other of his Majesties Subjects whose name is yet unknown and caused him to be put to death in execution of the said Sentence 6 That the said Earl of Strafford without any legal proceedings and upon a paper Petition of Richard Rolstone did cause the said Lord Mount-Norris to be disseized and put out of possession of his free-hold and inheritance of his Mannor and Tymore in the Countrey of Armagh in the Kingdom of Ireland the said Lord Mount-Norris having been two years before in quiet possession thereof 7. That the said Earl of Strafford in the Term of holy Trinity in the thirteenth year of his now Majesties Reign did cause a case commonly called the case of Tenures upon defective Titles to be made and drawn up without any Jury or Trial or other legal process and without the consent of parties and did then procure the Judges of the said Realm of Ireland to deliver their opinions and resolutions to that case and by colour of such opinion did without any legal proceeding cause Thomas Lord Dillon a Peer of the said Realm of Ireland to be put out of possession of divers Lands and Tenements being his Free-hold in the Countrey of Mago and Rosecomen in the said Kingdome and divers other of his Majesties Subjects to be also put out of Possession and Disseised of their Freehold by colour of the same resolution without legal proceedings whereby many hundreds of his Majesties Subjects were undone and their Families utterly ruinated 8. That the said Earl of Strafford upon a Petition of Sir John Gifford Knight the first day of February in the said Thirteenth Year of his Majesties Reign without any legal Process made a Decree or Order against Adam Viscount Loftus of Ely a Peer of the said Realm of Ireland and Lord Chancellor of Ireland and did cause the said Viscount to be Imprisoned and kept close Prisoner on pretence of Disobedience to the said Decree or Order And the said Earl without any Authority and contrary to his Commission required and commanded the said Lord Viscount to yield unto him the Great Seal of the Realm of Ireland which was then in his custody by his Majesties Command and Imprisoned the said Chancellour for not obeying such his Command And without any Legal Proceedings did in the same Thirteenth Year Imprison George Earl of Kildare a Peer of Ireland against Law thereby to enforce him to submit his Title to the Mannor and Lordship of Castle Leigh in the Queens County being of great yearly value to the said Earl of Strafford's Will and Pleasure and kept him a year prisoner for the said cause two moneths whereof he kept him close Prisoner and refused to enlarge him notwithstanding his Majesties Letters for his enlargement to the said Earl of Strafford directed And upon a Petition exhibited in October 1635. by Thomas Hibbots against Dame Mary Hibbots Widow to him the said Earl of Strafford the said Earl of Strafford recommended the said Petition to the Councel Table of Ireland where the most part of the Councel gave their Vote and Opinion for the said Lady but the said Earl finding fault herewith caused an Order to be entred against the said Lady and threatned her that if she refused to submit thereunto he would Imprison her and Fine her five hundred pounds that if she continued obstinate he would continue her Imprisonment and double her Fine every Moneth by means whereof she was enforced to relinquish her Estate in the Lands questioned in the said Petition which shortly was conveyed to Sir Robert Meredith to the use of the said Earl of Strafford And the said Earl in like manner did Imprison divers others of his Majesties Subjects upon pretence of Disobedience to his Orders and Decrees and other illegal Commands by him made for pretended Debts Titles of Lands and other Causes in an Arbitrary and Extrajudicial course upon Paper Petitions to him preferred and no other cause legally depending 9. That the said Earl of Strafford the Sixteenth day of February in the Twelfth Year of his now Majesties Reign assuming to himself a power above and against Law took upon him by a general Warrant under his hand to give power to the Lord Bishop of Down and Connor his Chancellor or Chancellors to their several Officers thereto to be appointed to attach and arrest the Bodies of all such of the meaner and poorer sort who after Citation should either refuse to appear before them or appearing should omit or deny to perform or undergoe all lawful Decrees Sentences and orders issued imposed or given out against them and them to commit and keep in the next
between Residence and Restraint to complain to his Majesty that if the Laws of England and Ireland as his Lordship sayes be the same the Passage is open by 4 Jacob. which Repeals 5 Rich. 2. unless the King by Proclamation or a Ne Exeat Regno on special Causes lay a restraint That to the Lord Esmond 's Commission if there was one that Record ought to be produced That for the Lord Roche there was an Information but that was ceased before the denial of the Licence That the true reason why Mac-Carty was denied licence was that he should not complain of his Suit which he said Mr. Little confessed upon taking his Petition as was deposed upon Oath by one John Meaugh John Meaugh And as to Parry 's Sentence it declares something said to be the Cause but not the whole To his last that this is not Treason though they are not individual Treasons yet they are the multiplication of acts of Arbitrary Power and his obtaining power to hinder Subjects access to his Majesty is taking such a Soveraign Power that Non sentit parem nec superiorem Mr. Maynard added That they laid the stress upon this that it was to prevent Complaints of his injustice to his Majesty and that his intention might make that ill which in it self was not so To which Mr. Glyn supplyed That his Design was introducing a Tyrannical Government and before he goes about his work he puts off all means of Redress The 17th and 18th Articles being for the present waved Mr. Artic. 19. Whitlock proceeded to the 19th Article shewing That as he had Exercised Tyrannical Power over the Lives Liberties and Estates of the Irish so over the Consciences of the Scottish Subjects in Ireland by a new Oath and that he said he would root out the Scottish Nation if he returned to Ireland To prove this Sir James Montgomery was sworn who deposed Sir James Montgomery That the Lord-Deputy sent for most of the principal of the Scottish Nation to Dublin by Letters and being come the Lord Viscount Montgomery being indisposed with a Cold the Lord came to his Lodgings where they were to attend him he communicated to them the disorders of Scotland and wished them to do something to vindicate themselves from being of the Confederacy that then the Bishops of Down and Raffo proposed the joyning in a lawful Oath as the others had in an unlawfull and to Petition the Lord-Deputy for it the Bishop of Down offered to draw it but my Lord put it upon the Bishop of Raffo that he took the Liberty to tell his Lordship it was amiss to consider of it To which he replyed Sir James you may go home and Petition or not Petition if you will but if you do not or who do not or to that purpose shall do worse That 2 Petitions were drawn one down right railing the other bitter enough and when it was desired to be softned answer was made the Lord-Deputy had seen it and did approve it that with little alteration the Petition was Signed and Delivered an Oath was framed which my Lord himself administred to them that Commissions came down immediately to administer it to all men and women above 16 years of Age and certifie the names of refusers that many fled out of the Countrey some absconded others were apprehended and he thinks censured some left their Corn on the Ground but being asked about the Papists he did not hear that the Oath was tendred to them or that they were called Then the Oath was Read which see before in the beginning of these Collections Maxwell Sir John Clotworthy Mr. Maxwell sworn deposed to the same Effect Then Sir John Clotworthy sworn deposed That upon the imposing it being a Commissioner he knew multitudes fled left their Corn on the Ground Cattle and Dwellings Richard Salmon deposed Rich. Salmon a School-master That at the Proceedings against Mr. Stuart he being willing to take the first part of the Oath as to Allegiance and Supremacy but the later part as to Ecclesiastical Duties he durst not my Lord told him they had other Oaths for that but this was for both and those who were obedient to Ecclesiastical Orders he would lay his hand under their Feet to do them good but whosoever would resist he would prosecute to the blood That my Lord said further They had made him forget himself by putting him into some passion That they were Traitors and Rebels and that if his Majesty would Honour him so much as to send him back again he would eradicate Root and Branch of all that Nation out of the Kingdom of Ireland saving the Lords and others that had taken the Oath That Mr. Steward was Fined 5000 his Wife 5000 his 2 Daughters 3000 l. a piece and James Gray 3000 as he remembers That Gray was not worth 100 l. Mr. Stuart maintaining him in Prison John Loftus sworn John Loftus deposed to the Fines and the words about the Scottish Nation Mr. Whitlock Summed up the Evidence concluding This was to take a Power far above Law to bind their Consciences that it shewed my Lord's Intention to alter Laws with all his Force and Cruelty The Earl then made his Defence The Earl's Desence That their Lordships and particularly the Lord Steward who was General of the Army against the Scots knew the posture of the King's affairs their fears of the Scots in Ireland and their Confederacy with the Covenanters one being condemned and Executed for Plotting to deliver Knockfergus to a Great man in Scotland To prevent this Lord Dillon there was a debate of Council-Board which was attested by the Lord Dillon and that the whole proceeding about the Oath was concluded on as necessary for the preservation of the State Sir Philip Manwaring and Sir Adam Loftus affirmed the same Sir Philip Manwarin Sir Adam Loftus and that none of the Gentlemen who took the Oath appeared refractory My Lord added They did it chearfully save only Sir James Montgomery which he remembers to their Honour that there being an Expression in the Petition Offering their Lives and Fortunes for vindicating the Regal Power which he said might be turned too strictly upon them he qualified it with these words In equal manner and measure with other his Majestie 's Subjects which as my Lord Montgomery will he is assured justifie were put in by him The Petition and the Act of State were then read being to this Effect By the Lord-Deputy and Council WENTWORTH Where We have lately made an Act of Council in these words WHereas divers Lords Spiritual and Temporal Knights The Act of State and Petition about the Oath in Ireland and others inhabiting in this Kingdom have lately exhibited a Petition to Vs in these words following To the Right Honourable the Lord Deputy and Council c. The Humble Petition of c. The Petition recites The horror apprehended by the Petitioners His Majesties
was intended only as a Discipline to him the better to remember him to govern his Tongue afterwards towards other Men and that there was no more Prejudice fell upon him by it but two or three dayes Imprisonment so there was no great Animosity in the business besides it appeared to your Lordships that two or three days after we writ to the King and obtained his Pardon so that I conceive the Inconvenience was not very great to him nor the Proceedings such as should make it unpardonable or Criminal in them that gave Sentence upon him whereof I was none For that other concerning Denwitt your Lordships may remember he was found Guilty of Stealing a Quarter of Beef and from Running from his Colours and was formerly burnt in the Hand for that he should be Proceeded against another way But falling out at that time when Five Hundred Men were going over to Carlisle and they being unwilling to be put to Sea we were inforced to those proceedings for the preventing of further Mischief And there is another thing that the Martial-Law hath been alway in Force and Executed in all times in Ireland and never so sparingly as in my time for this is the only Man that suffered all the time I had the Honour of the Government And I dare Appeal to them that know the Countrey Whether in former times many Men have not been committed and Executed by Martial-Law by the Deputie's Warrant that were not Thieves and Rebels but such as went up and down the Countrey if they could not give Account of themselves the Provost-Martial by direction of the Deputies using in such Case to Hang them up I dare say there are Hundreds of Examples in this kind so that as to that I do not Justifie it But I say it is a Pardonable Fault and that others are of Course Pardoned for it And I trust that what falls of Course shall not be laid upon me as High-Treason or conducing to it The next is the Sixth Article and that is in the Case of Richard Rollston and therein I am said to have Subverted the Fundamental Laws by executing a Power and a Jurisdiction which was not Warranted by Law upon a Paper Petition putting out of Possession of his Freehold Inheritance my Lord Mountnorris My Lords That Sentence will appear to your Lordships to be no more then the relieving a Poor Man in case of Equity and it is proved to you to be a Power that hath been formerly practised by the Deputies and I humbly conceive the Decree is just So that my Lords I must confess it is something strange to me That having the King's Letter to Warrant me in the Course of Proceedings and having the Power of former Deputies in like Case and doing no more therein then the Lord Chancellor by the very self-same Law should do in other places And that which should be done by the Chancellor should be Innocent and Just yet become High-Treason when done by me is a thing I understand not The next is the Case of Tonnres and that is waved by them and well may it be for it was in a Case of Plantation there was no Possession altered and it is fully within the Book of the King's Instructions The next is in the Case of Sir John Gifford against the Lord Viscount Loftus which they have Waved and well they may for it was grounded on a Letter from the King Commanding it to be heard by the Deputy and Council which is clearly within the Instructions and hath been since heard by the King and Council-Board and by them Confirmed for a Just Decree The next is the Case of my Lord of Kildare and that they may well Wave too the Proceedings being grounded upon a Letter from His Majesty and nothing done but in persuance of an Award between the Lord Digbye's House and that House of Kildare made by King James The next is the Lady Hibbot's Case and that was Relief given to Poor Men circumvented by Practise to the Prejudice of himself My Lords I had Power to hear that Cause and all Causes of that Nature by the King's Letter and according to the Practise of former Deputies And I conceive it will appear when it comes to be heard to be a just and fair Decree I do not any way question that though I remember little of the business But at the worst this is but an over-exercising of a Jurisdiction and that it should be High-Treason in a Judg to exceed his Jurisdiction I must confess I never heard it I told your Lordships the other day Boni Judicis est ampliare Jurisdictionem But that it should be High-Treason to enlarge Jurisdiction is a perilous Point and if it be so it befits your Lordships and all Judges to be well certained what you may do lest by going too far you fall into great Inconveniences But my Lords I say under favour that all these if they had been done without any manner of Authority had not been a Subversion but rather a diversion of the Law it could not be properly said to be the Subverting of the Fundamental Laws though it might be a diverting and so long as I keep the Rule of the Law and do the same things that another man does in a more legal way I mean in a more warrantable place I say my doing of the same thing in an unproper place is not a Subversion but a diversion of the Law If you will bring in the Thames about Lambeth to come in again below the Bridge the River is the same though the Course be diverted to another place So the Fundamental Law is the same though the Course be diverted to another place I say the Fundamental Law is the same only it is carry'd in another Pipe And Shall this be said to be a Subverting Under favour as the River is the same so the Law is the same it is not a Subversion but a diversion Nor doth it skill where Justice be done I mean so far as it concerns the Subjects Interest for so long as he hath Justice speedily and with least Charge his end is complyed with and it concerns not himself whether he hath it in the King's Bench or Common-Pleas so he hath it speedily and with the least Charge And therefore as long as the Laws are the same though Executed by several Persons and in several places I cannot conceive it to be a subversion And I shall humbly beseech your Lordships to take care that while these straynes are put upon me to make this Personal Charge against me ye do not through my Sides Wound the Crown of England by taking that Power from the Deputy which must of necessity be lodged in him if you will have that Kingdom depend upon the Crown of England which I hold in all Wisdom and Judgment ought to be cared for Therefore I beseech you prejudice not the Deputy to the Disabling him from serving the Crown hereafter by beating down me
and Deputy-Lieutenants how affected to the Religion and to present their Names to the House and that where there is want that Arms and Ammunition may be supplyed By this Means they got a true account of all those who were their Friends and who their Enemies who were therefore to be displaced as disaffected to Religion and Popishly inclined as all those who were for Episcopacy were vogued to be and besides hereby they gave a General Alarm and Amazement to the Whole Nation to believe that those Fears and Jealousies with which they bewitched the People into Rebellion were grounded upon the foundations of Truth and real Danger which was the Occasion of this Inquiry into the state of the Militia Upon this a Message was sent to the Lords to acquaint them with a dangerous Conspiracy to seduce the Army against the Parliament and to increase the Fears and Jealousies among the People Message to the Lords about the Conspiracy to seduce the Army an Order was sent from the Commons to the Lord Mayor of London to take care of the City Guards The Message to the Lords was in haec verba Mr. Hollis who carried up the Message read it in these words Message about the Conspiracy of the Army That the House of Commons hath received such Information as doth give them just cause to suspect that there have been and still are secret practices to discontent the Army with the proceedings of Parliament and to ingage them in some Design of dangerous Consequence to the State and by some other mischievous ways to prevent the happy success and conclusion of this Parliament And because the timely discovery and prevention of these dangerous Plots doth so nearly concern the safety both of * Yet afterwards they did all that was possible to persuade the People that the King was in this Conspiracy King and Kingdom they desire your Lordships would be pleased to appoint a select Commitee to take the Examinations upon Oath of such persons and Interrogatories as shall be presented unto them by the Directions of the House of Commons and in the presence of such Members of that House as shall be thereunto appointed with Injunction of such Secrecy as a business of this nature doth require They have Ordered That such Members of their House as shall be thought fit shall upon notice be ready to be Examined and they desire your Lordships would be pleased to order the like for the Members and Assistants of your own House And further it is desired That your Lordships will forthwith send to his Majesty to beseech him in the Name of the Parliament upon this great and weighty occasion that no Servants of his Majesties of the Queen or Prince may depart the Kingdom or otherwise absent himself without leave from his Majesty with the humble advice of the Parliament until these Examinations be perfected Whereupon it was Ordered That this House will joyn with the House of Commons in all that they desire and these Lords following were Deputed to take the Examinations Earl of Bath Earl of Essex Earl of Warwick Earl of March Viscount Say and Seal Lord Wharton Lord Paget and Mr. Serjeant Glanvile and Mr. Attorney General to write and set down the Examinations There being never a Bishop in the Committee A Salvo for the Bishops a Memorandum was entered in the Journals MEmorandum Whereas none of the Lords the Bishops are joyned with the aforesaid deputed Lords it was declared by the House that it should be no prejudice to the Lords the Bishops This being done the Lord Great Chamberlain the Lord Steward the Lord Chamberlain the Earl of Dorset and the Earl of Newcastle were appointed to wait on his Majesty with the aforesaid request of the Parliament to which they brought this Answer THat his Majesty hath willingly granted it The Kings Answer concerning his Servants and gave a present Command to the Lord Chamberlain the Earl of Newcastle and the Earl of Dorset to give notice hereof to all under their Charge that none do depart the Kingdom without the King's License but to be forth-coming upon demand which accordingly they have already done After which the Oath of Secrecy was given to Serjeant Glanvile and Mr. Attorney in these words YOV shall Swear The Oath of Secrecy given by the Lords to Serjeant Glanvile and Mr. Attorney assistant to the Committee of Lords to Examine the Conspiracy The Persons accused That in your writing and setting down of the Examination of the Witnesses to be produced before the Lords deputed to take Examinations upon Interrogatories to be produced by the House of Commons concerning the English Army in the North and in all things concerning the same You shall well truly and faithfully behave your selves and not discover the same before the end of this Parliament or Publication granted or leave of this House first obtained The Persons Accused of this Design of seducing the Army against the Parliament were Sir John Suckling Mr. Henry Percy Brother to the Earl of Northumberland Mr. Henry Jermyn Colonel Goring Mr. William Davenant Captain Palmer Captain Billingsley and Sir Edward Wardourn and Warrants were issued out against them to bring them under the Examination of the House of Commons This day there passed little of Moment Thursday May 6. the Commons being taken up with Reading several Bills one for the security of the True Religion the Safety and Honour of his Majesties Person the just Rights of the Subject and the better discovering and punishment of Popish Recusants as also another Bill for Subsidies With which guilded baits they not only Angled for Popular Favour but also endeavoured to hide their Antimonarchical Designs against his Majesty by these specious pretences of endeavouring to study his Safety and Honour The House was this day informed That the Persons against whom the Warrants were Issued upon the Accusation of their endeavouring to seduce the Army were not to be found whereupon at a Conference it was desired that all the Ports might be stopped upon which the Lords made this Order Ordered The Order of the Lords for stopping the Ports That all the Ports of England shall be forthwith stopped until the pleasure of this House be further known and none to depart the Kingdom except Sir Thomas Roe and such as he will be answerable for who is to give in their names to this House And in particular stay is to be made of Henry Percy Esq Henry Jermyn Esq Sir John Suckling Knight William Davenant and Captain Billingsly that they depart not out of this Kingdom but are to be apprehended and safely conducted with all speed unto this House Directed To the Right Honourable Algernon Earl of Northumberland L. High Admiral of England To James Earl of March Lord Warden of the Cinque-Ports To Jerom Earl of Portland Captain and Governour of the Isle of Wight To George Goring Esq Governour of Portsmouth After which Sir Philip Carteret Lieutenant
done without any Warrant and against the Law of the Land Resolved That Mr. Walker ought to be restored to his Parsonage and the whole profits thereof from the time of the said Sequestration and to have reparation for all such dammages as he hath sustain'd by these several Imprisonments and his Case to be transmitted to the Lords Ordered That the Bench of Lincolns Inn restore Mr. Order for Mr. Pryn to be restored to Lincolns-Inn Pryn to his former Condition in that Society according to his Antiquity and to his Chamber there Thus diligent was the Faction not only to punish their Enemies but relieve their Friends though afterwards Mr. Pryn as well as John Lilburn another of their Favourites proved notable sticklers against them as hereafter in these Collections will appear But though things ran thus down the stream and that in the Commons House there was no stopping the impetuous Torrent yet in the House of Lords it was far otherwise for till they had got the Bishops out of the House and into the Tower and by Tumults and Affronts affrighted many of the Loyal Nobility from their Seats they were not able to accomplish their work The Bill for disabling the Bishops to Sit and Vote in the House of Lords in Parliament came too close to the Rights of the Temporal Lords to be easily by them digested for many of them plainly saw that the Bishops Sate and Voted there by the same Right Law Custom and Usage that they themselves did and that should they consent to the taking away the Peerage of the Lords Spiritual they must Sit there precariously themselves Upon the Debate of this Bill the Lord Grandison Friday May 21. Lord Viscount Newark made these two following Excellent Speeches My Lords I Shall take the boldness to speak a Word or two upon this Subject First Two Speeches of the L. Grandison Viscount Newark concerning the Peerage of the Bishops May 21 1641. as it is in it self then as it is in the Consequence For the former I think he is a great stranger in Antiquity that is not well acquainted with that of their sitting here they have done thus and in this manner almost since the Conquest and by the same Power and the same Right the other Peers did and your Lordships now do and to be put from this their due so much their due by so many hundred Years strengthened and confirmed and that without any Offence nay Pretence of any seems to me to be very severe if it be jus I dare boldly say it is summum That this hinders their Ecclesiastical Vocation an Argument I hear much of hath in my apprehension more of shadow then substance in it if this be a reason sure I am it might have been one six hundred Years ago A Bishop My Lords is not so circumscribed within the circumference of his Diocess that his sometimes absence can be termed not in the most strict Sense a neglect or hinderance of his duty no more than that of a Lieutenant from his County they both have their subordinate Ministers upon which their influences fall though the distance be remote Besides My Lords the lesser must yield to the greater Good to make wholesome and good Laws for the happy and well regulating of the Church and Common-wealth is certainly more advantagious to both then the want of the personal execution of their Office and that but once in three Years and then peradventure but a Month or two can be prejudicial to either I will go no further to this which experience hath done so fully so demonstratively And now My Lords by your Lordships good leave I shall speak to the Consequence as it reflects both on your Lordships and my Lords the Bishops Dangers and inconveniencies are ever best prevented è longinquo this President comes neer to your Lordships and such a one mutato nomine de vobis Pretences are never wanting nay sometimes the greatest Evils appear in the most fair and specious out-sides witness the Ship-mony the most abominable the most illegal thing that ever was and yet this was painted over with colour of the Law what Bench is secure if to alledge be to convince and which of your Lordships can say then he shall continue a Member of this House when at one Blow twenty six are cut off It then behoves the Neighbour to look about him cum proximus ardet Vcalegon And for the Bishops My Lords in what condition will you leave them The House of Commons represents the meanest Person so did the Master his Slave but they have none to do so much for them and what Justice can tie them to the observation of those Laws to whose constitution they give no Consent the Wisdome of former Times gave Proxies unto this House meerly upon this Ground that every one might have a Hand in the making of that which he had an Obligation to obey This House could not represent therefore Proxies in Room of Persons were most justly allowed And now My Lords before I conclude I beseech your Lordships to cast your Eyes upon the Church which I know is most dear and tender to your Lordships you will see Her suffer in Her principal Members and deprived of that Honor which here and throughout all the Christian World ever since Christianity She constantly hath enjoyed for what Nation or Kingdome is there in whose great and publick Assemblies and that from Her beginning She had not some of Hers if I may not say as Essential I am sure I may say as Integral Parts thereof and truly my Lords Christianity cannot alone boast of this or challenge it only as Hers even Heathenisme claims an equal share I never read of any of them Civil or Barbarous that gave not thus much to their Religion so that it seems to me to have no other Original to flow from no other Spring than Nature it self But I have done and will trouble your Lordships no longer how it may stand with Honor and Justice of this House to pass this Bill I most humbly submit unto your Lordships the most proper and only Judges of them both The second Speech about the lawfulness and conveniency of their intermedling in Temporal Affairs My Lords I Shall not speak to the Preamble of the Bill that Bishops and Clergy Men ought not to intermedle in Temporal Affairs For truly my Lords I cannot bring it under any respect to be spoken of Ought is a Word of Relation and must either refer to Humane or Divine Law to prove the lawfulness of their intermedling by the former would be to no more purpose than to labour to convince that by Reason which is evident to Sense It is by all acknowledged The unlawfulness by the latter the Bill by no means admits of for it excepts Universities and such Persons as shall have Honor descend upon them And your Lordships know that circumstance and chance alter not the Nature and Essence of a thing
of this Church and Nation the Advancement of Religion and Learning the Encouragement of the Modest Hopes and Honest Endeavours of many Hundred Students in the Universities Who do and shall ever pray c. Dat. An. Dom. millesimo sexcent ' quad ' primo è Domo Convocationis in celebri Conventu Doctorum ac Magistrorum omnibus singulis assentientibus Upon Report from the Lords Committees for Priviledges The L. Morley to be Tryed by his Peers for the Murther of one Clark It is Ordered That the Lord Morley and Monteagle shall be Tryed at the Barr in this House touching the Murther of Peter Clarke and that a Writ of Certiorari shall be directed to the Lord Chief Justice of the Kings-Bench to bring into this House the Indictment and Examinations against the said Lord Morley remaining now in the Court of Kings Bench that the King's Attorney and the rest of his Majesties Learned Counsel shall give in Evidence on the Kings behalf against the said Lord Morley And that the said Lord Morley shall have Liberty to have Counsel to speak for him in point of Law only but not to matter of Fact And lastly That the Complainants shall be heard by their Counsel at the Barr at their said Tryal if they desire it And because that in one and the same Indictment the said Lord Morley and Mr. Kirke are both contained this House doth further Order That the Record of the Indictment for so much as concerns the said Kirke shall by this House be remanded to the Court of Kings-Bench that there he may be proceeded against according to Law A Message was sent up from the Commons by Mr. Hollis Letters to be opened this Week who said he was Commanded to let their Lordships know That the Commons have taken Notice of the Secret Counsels of Jesuits and other ill-affected persons in the Kingdom which are fomented by our Enemies abroad to disturb the Peace of this Kingdom and Scotland the desire of the House of Commons was That all suspected persons be stopped at the Ports and if Cause Examined and that the Letters of this Week which come from France may be stayed and brought to this House to be perused as hath formerly been Upon which the Lords Ordered That the Post-Master Mr. Thomas Witherings should bring the Letters accordingly and that suspected persons should be Examined and if there were occasion for it apprehended And the L. Privy Seal Earl of Cambridg Earl of Holland Viscount Say and Seal were appointed by the House to acquaint his Majesty with what the House Resolved in this business His Majesty coming this Day to the House of Lords the Commons were sent for to attend him by the Gentleman Usher of the Black Rod in order to his giving the Royal Assent to the Bill for Tonnage and Poundage when the Speaker of the Commons House addressed himself to his Majesty with this following Speech THat policy most Gracious and Dread Soveraign Mr. Speaker's Speech to his Majesty at the passing the Bill for Tonnage and Poundage June 22. 1641. which weighs the Prerogative of the King and Property of the Subject in the same Scales and increases the plenty of the Crown and contentment of the People the even poising of this Beam enables both the one being ordained for the preservation of the other This Principle is so riveted into the Hearts of your Subjects by the Acts of their Ancestors and Traditions of their Fore-fathers that it hath Created a belief in them that their Wills are bound to a due Allegiance and their Fortunes and Estates as well as their Duty and Subjection must bend to the Commands of that Soveraign power with which God hath invested your Sacred Majesty Compulsary obedience advanced by the transcendent power of Prerogative is too weak to support the right of Government It is the Affections and Estates of your People tyed with the Threads of Obedience by the Rules of Law that fastens safety and prosperity to the Crown The experiment of elder times in the Reigns of the most Valiant puissant Princes hath concluded this the Soveraign Preservative against the Diseases of distraction and confusion and makes it manifest to the World that the Honour and Glory of this Throne is to command the Hearts of Free-men This admitted the permission of the least diminution or any Eclipsed interposition between the Honor and Plenty of the Crown contracts a Scorn upon the Nation Several Parliaments in former times have stampt the Character of a free gift upon the Fore-front of this Aid still offered by the People as a Sacrifice of Thanks-giving to the Crown for the safe conduct of your Merchants and provision of the Navy to strengthen your undoubted Dominion over the Seas which hath protected your Allyes and is a Terrour to your Enemies Our hopes were long since to have setled this for the measure and the time and with this to have presented to your Sacred Majesty the triumphant Palm of Tranquility in all your Kingdoms But as a Ship Floating upon a Rough Sea we have been cast upon the Rock of Fear and Dangers and tossed on the Billows of distraction and distrust of Church and Common wealth where we yet remain hopeless ever to pass through that narrow Channel which leads to the Haven of Peace unless we be speedily Steered on by the hand of your Sacred Wisdom Care and Providence In the midst of all these troubles and the several Opinions which have been amongst us no division had power to distract any one of us from the care and Duty we owne to your Sacred Person And to that end am I now sent by the Commons of England to present this as a Mark only whereby your Sacred Majesty may view the inward duties of our Hearts until time and opportunity will give Leave for a further expression of our Duties and Affections The acceptation of this Gift will glad the Hearts of your People and the approbation by the Royal Assent of this Bill being the largest for the measure which was ever given will joyn Wings to our desires and hopes which shall never return without that Olive-Leaf which may declare that the Waters are abated and your Sacred Majesty way have full assurance of the Faith and Loyalty of your Subjects To which his Majesty was pleased to return this Gracious Answer My Lords and Gentlemen I Do very willingly accept Your Offer made at this time as a Testimony of your Love The King's Speech at the Passing the Bill for Tonnage Poundage June 22. 1641. and of that Dutiful Affection You owe Me and I no way doubt but that You will perform that which You have intimated unto Me in perfecting the other Bill when you have Liezure Likewise in passing this Bill you cannot but see a great Testimony of the Trust and Considence I have in Your Affections as since this Parliament begun I have omitted no Occasion whereby I may shew such
out of their House they revived his Dormant Speech concerning the Attainder of the Earl of Strafford And notwithstanding that tender point of freedom of Speech which he might well plead as a Member of that Body where it is allowed to all Men to speak according to their Conscience yet upon the Debate of it they proceeded to these Votes Resolved c. Votes about the Lord Digby's Speech against the Bill of Attainder of the E. of Strafford That the Lord Digby 's Speech upon the Bill of Attainder of Thomas late Earl of Strafford contains matters Vntrue and Scandalous and that the Printing and Publishing of it is a Crime Resolved c. That Sir Lewis Dives and John Moor and Thomas Parston the Printer are Delinquents for Printing and Publishing the said Speech Ordered to be burnt by the Common Hangman Ordered That the Lord Digby 's Speech be burnt by the hand of the Common Hang-man on Friday in the Palace-Yard Cheapside and Smithfield And that these Votes be transmitted to the Lords for their Concurrence and that the Lords be moved to joyn with this House to Petition His Majesty That he would be pleased to forbear to confer any honour upon the Person of the Lord Digby who hath deserved so ill of the Parliament An Order for the speedy raising the Mony for disbanding the Army according to the Act of Parliament Wednesday July 14. The first Printing of the Orders of the H. of Commons was this day Ordered by the House of Commons to be Printed by the King's Printers The Order following about the Lord Digby's Speech to be presented to their Lordships at a Conference WHereas upon the 21 of April last past Orber about the L. Digby's Speech there was a Speech spoken in the House of Commons at the passing of the Bill of Attainder of Thomas Earl of Strafford by the Lord Digby then a Member of the said House the which Speech contained in it matters Vntrue and Scandalous as they have reference to the Proceedings of the Committees of the Lords House and this and to the Evidence of the Witnesses produced in that Cause And whereas the said Speech was published by the Lord Digby after the said Bill of Attainder was past by Vote in this House and after that great offence was taken to the said Speech and the same questioned in the House to the scandal of the Proceedings of this House and is since come forth in Print to the scandal of the Proceedings of His Majesty and both Houses of Parliament It is therefore this day Ordered by the said House That all the said Books so Printed shall be publickly burnt on Friday next part of them in the New Palace-Yard at Westminster the other part of them in Cheap-side London and the rest in Smithfield by the hands of the Common Hang-man And to that purpose the Bailiff of Westminster and the Sheriffs of London and Middlesex respectively are hereby required to be Assistant to the effectual Execution of this Order and see the said Books burnt accordingly And it is also Ordered by the said House That the Master and Wardens of the Company of Stationers do their utmost endeavours to collect all the said Books into their hands remaining now dispersed among their Company and others and forthwith deliver them to one of the Sheriffs of London to be burnt according this Order And all others who have any of the said Books are hereby required forthwith to deliver them to one of the Sheriffs of London or Bailiff of Westminster as they will undergo the displeasure of this House in doing the contrary to be burnt according to this Order The ingrossed Articles against the Bishop of Ely were read Upon his Petition and Submission to the House Mr. Mr. Whittacre released from the Tower Pym Reports the Conference about the Q. Journey to the Spaw Whittacre was this day discharged from his Imprisonment in the Tower Mr. Pym Reports the Conference with the Lords about the Queen's Journey That the Lords had agreed to the Propositions and had resolved to send a number of their House to desire His Majesty to be pleased to appoint some time when such a certain number of both Houses as he shall think fit may attend him touching this business and that if he please the Queen to be prefent The Lords appointed to wait upon the King to know his pleasure herein were Lord Steward Lord Chamberlain Earl of Bath Earl of Bedford and Earl of Essex An Act for the Confirmation of the Subsidies granted by the Clergy was this day read the Bill was once read the Preamble and Confirmation was read 3 times And afterwards being put to the Question Bill of Subsidies granted by the Clergy passed the Lords and carried down to the Commons Thursday July 15. it was consented to pass Nemine Contradicente Then the Confirmation being Subscribed by the Clerk of the Parliament Soit baille aux Comuns it was sent down to the House of Commons by Serjeant Whitfield and Serjeant Finch to pass there A Message from His Majesty by the Lord Chamberlain to acquaint the Lords that he appoints to meet both Houses at Four of the Clock this day in the Banquetting-House about the Queen's Journey which was at a Conference communicated to the Commons Heads of the Address to stop the Queens Journey YOur Majesties Loyal Subjects the Lords and Commons taking notice of an Intention of the Queen's Majesty to pass beyond the Seas whereby the Kingdom will be deprived of the comfort of Her Majesties presence they have thought good to express their humble Duties and Affections to Your Majesty and to the Royal Person of the Queen in some Considerations which they do now present unto You as they conceive very important for the good of this Kingdom and the safety and contentment of Her Majesty whose Honour and Happiness shall always have a chief place in their Estimation which Considerations are these following I. First there is great Cause to doubt lest the Papists have some Design upon Her Majesties Journey because the House hath been informed that divers of them have sold off their Lands to a great value and used other means to get ready mony 2. It is observed some of them have been very diligent gathering great quantities of Gold 3. It is informed that more then ordinary numbers of Papists are gone beyond Sea already and those of the better sort II. The great number of English Fugitives now beyond the Seas who by their late Designs and Practices are known to be full of Malice to the State and will no doubt seek all opportunities of access to Her Majesty and as much as they can labour to infuse into her such evil Counsels as may trouble the Peace of the Kingdom whereof at this time there is more danger because the Affairs of the Kingdom are not yet fully setled and upon the Disbanding the Army all Parts are like to
Vote in favour of Mr. Small a Minister in Lincoln Shire The House then took into Consideration the Case of one Small a Minister in Lincolnshire sometime ago deprived of his Living by the Sentence of the High-Commission Court Conference about the Tower c. upon which it was Resolved c. That the deprivation of Edmond Small from his Living of Holm in Com. Lincoln by Sentence of the High Commission Court was Illegal and he shall be restored to his Living There was a Conference with the Lords about putting the Kingdom into a Posture of Defence as also about the Tower of London the Lieutenant Sir William Belfour being gone with the King into Scotland about some private Affairs of his own so that it was necessary that the Earl of Newport the Lord Constable of the Tower should take Care of it himself It was also there moved That Care might be taken of the Isles of Jersey Wight and Guernsey Which was agreed by the Lords and 50 men of the Hamlets to guard by Day and 50 by Night and 40 or 50 more to be added upon Emergent Occasion The Bill for Tonnage and Poundage for two Months longer was this day passed by Commission in the usual form and manner Monday August 16. Bill for Tonnage and Poundage for two Months passed by Commission * Incendiaries to be prosecuted and who those were After this the Interrogatories were delivered in to the Lords and read upon which the Scots Commissioners desire Witnesses may be Examined concerning the Earl of Traquayr Sir John Hayes Clerk Register in Scotland Sir Robert Spotswood and Dr. Walter Balcanquell and Mr. John Maxwell sometime Bishop of Ross who are pursued as Incendiaries The Interrogatories being approved of It was Ordered That the Lord Privy Seal E. Warwick E. Dover Viscount Say and Seal L. Wharton are appointed by this House to be Committees for the taking of the Examination of Witnesses in this Business and their Lordships or any Three or more to meet when they please to appoint Then the Lord Privy Seal E. Pembroke and L. Goring were sworn at the Clerks Table the Lord Keeper reading the Oath and are to be Examined concerning the Incendiaries Ordered also That John E. of Sterling Robert Young Printer William Warnor Corrector and Robert Chapman Compofer shall attend the Lords Committees this Afternoon and be Sworn and Examined in the business concerning the Incendiaries This was in order to the discovery of the Writer of the King 's large Declaration which was generally supposed to be Dr. Bellcanquel Dean of Durham which had so much Mordacis Veritatis of sharp and cutting Truth in it that the Scots thought there was no other Way to undo the Reputation of the Book but by ruining the Reputation of the Author and no way so Effectual for that as the Brand of an Incendiary burnt upon the forehead of his fame by this Publique Procedure which yet could not but even then be liable to suspition his Enemies being his Accusers and the Majority of these Lords Committees who were to report and in Effect therefore to be his Judges being apparently of the Scottish Party and Interest A Message was brought from the Commons by Mr. Strode Message about the Desperate Estate of the Kingdom and Hull to let their Lordships know That they have taken into Consideration the desperate Estate the Kingdom now stands in in the time of Disbanding the Army and they have Considered of the Danger the King's Ammunition at Hull is in if there should be any design upon it Therefore they desire their Lordships would joyn with them in some Course that the Ammunition there be not stirred nor removed from thence without the Order of both Houses of Parliament Hereupon it was Ordered That a Letter be sent to the Lord General to give Order That no Munition or Artillery of the Kings at Hull be removed or sent from thence but by Order from both Houses Mr. Pym reports from the Committee about the Commission for the Commissioners of both Houses who are to attend the King in Scotland Difficulty about the Commission for the Commissioners to go into Scotland That the first thing they took into Consideration was the Commission to give Power to these Commissioners and the doubt is Whether such a Commission may be granted or no the King being now out of the Kingdom so that the Royal Assent cannot now be had and it would be of much danger if such a Power may not be had and therefore they desire the Opinion of the House in this Point Upon which a Conference was desired with the Lords upon this Subject After which Mr. Pym Reported it to the House That the Lords were doubtful The Opinion of the Lords at a Conference about it and therefore propounded to have a Messenger sent to procure his Majesties Warrant and the Commissioners to stay here till the Messenger returned and that in the mean time they would consider of their Instructions This day the Earl of Dorset signified to the Lords House That he hath Waited on the Queen and hath acquainted her Majesty with the Humble Desires of this House touching restraining of the Capuchin Friers in Sommerset House from tampering and withdrawing the Kings People Her Majestie sayes The Queens Answer about the Capuchin Friers at Denmark-House Aug. 17. 1641. It is much against her Will that they have gone abroad or have endeavoured to pervert any from their Religion and her Majestie is also very unwilling that any English People should resort there to Chappel but her Majesty will give Order to prevent these for the future And the Earl of Dorset said He would obey their Lordships Command and send for the Chief of the Capuchins and give him a strait Command not to suffer any of the Friers to go abroad nor any English People to come to them or to hear Mass there The Impeachment brought up from the House of Commons against the 13 Bishops was read Votes in the House of Lords about the Impeachment of the 13 Bishops and the House fell into Debate what time they should have to Answer and whether in this Debate they should be present in the House And it was Resolved upon the Question That the Lords the Bishops that are Impeached may Sit in this House without Voting when it is in Debate whether they shall have further time to Answer or not Resolved c. That such of the Bishops as are Impeached shall not Sit here in this House when the Merits of the Cause is in Debate Resolved c. That when the disposing of the manner of the Proceedings of the Cause is in Debate the Bishops may Sit in this House but not Vote The Letter drawn by the Committees of both Houses to the Lord General concerning Hull The Letter to the Lord General concerning Hull was read as follows May it please your Excellency I Am commanded by the House of Peers
as well by the Lord General as by all other Commanders Officers and Soldiers of the Army whereof they expect a strict and speedy Account After which Mr. Pym and Sir John Culpeper were Ordered to draw a Letter to be sent to the Lord General and Mr. Rushworth Clerk Assistant of the House of Commons to ride Post with it and the House will take it into Consideration to requite him for his Pains and Charges This Day Sir William Bringhurst Mr. Wilson Mr. Broadgate Mr. Friday August 20. Diverse Persons Bailed The first Ordinance of the Lords and and Commons about Commissioners to go to Scotland Slany Mr. Gardner and Mr. Inego Jones were Ordered to be Bailed and 10000 l. for the Principals and 5000 l. for each of the Sureties The Ordinance of the Lords and Commons for the Commissioners for Scotland was read in the Commons House in these Words THe Lords and Commons in this present Parliament Assembled do hereby Order and Appoint William Earl of Bedford Edward Lord Howard two of the Peers of the Lords House Nathanel Fiennes Esquire Sir William Armyn Baronet Sir Philip Stapleton Knight and John Hambden Esquire Members of the House of Commons to be Committees for both Houses of Parliament to attend the Kings Majesty during his Absence in the Kingdom of Scotland and do hereby Authorize them or any three or more of them from time to time to present to his Most Excellent Majesty the humble desires Counsel and Advice of his Majesties most Loyal Subjects the Lords and Commons in Parliament according to such Instructions and Directions as are hereunto annexed or shall at any time hereafter be sent unto them by the Order and Consent of both Houses The Commissioners Instructions I. Instructions for the Commissioners for Scotland YOV shall humbly desire his Majesty That the Treaty agreed upon between the Commissioners of England and Scotland confirmed and ratified in this present Parliament may likewise be confirmed and ratified in the Parliament in Scotland II. You shall present to his Majesty the just Demands of any of his Loyal Subjests of England concerning a due Satisfaction to be made of all Debts due to them for Mony Arms or Provisions taken up by the Scottish Army III. If you shall understand that the Army of Scotland is not returned back or the Army of England not disbanded according to the Articles of the Treaty and Order of Parliament you shall be very instant and earnest in Petitioning his Majesty that all Obstacles and Impediments taken away the Kingdom may be freed from that great Charge this might have been done with half the Charges if the E. Strafford's Advice had been taken and those Mischiefs under which it groans by reason of those Armies IV. You shall by all fit ways of Petition and Intercession to his Majesty further and preserve the Peace and good Correspondency betwixt the two Kingdoms of England and Scotland V. You shall from time to time Certifie both Houses of Parliament of such Accidents and Occurrences as may concern the good of the Kingdom Which Ordinance and Instructions were agreed to by the Lords at a Conference this Day The great Obstacle to the disbanding the Army Mony Ordered disbanding the Army though it filled the Heads of the Party with Fears and Jealousies which from them was diffused through the whole Nation was perfectly the want of Money and not such Designs of dangerous Consequence as were pretended to amuse the People this they well knew and therefore Ordered thirty thousand Pound to be sent down to Pay and Disband the Army A Message was brought from her Majesty to the House The Qs. Answer to the Commons about the Commissioners carrying any Message to the King Order about the L. Major and Commonalty of London about the choice of one Sheriff That her Majesty returns her Thanks for the Respects of this House but She hath lately sent to His Majesty and hath nothing at this time to write This Morning the Lord Privy Seal Reported That the Lords Committees meet Yesterday to see if they could Mediate and Compose the Differences between the Lord Mayor of London and the Commonalty touching the Election of one Sheriff but they could have no success in it and so left it to the Consideration of this House Hereupon the Lord Viscount Say and Seal and the Lord Bishop of Lincoln were appointed to withdraw and consider of an Order for setling the Election of the Sheriff pro hac vicê with a Salvo on both Parts which Order is to be entred in the Books of the Chamber of London the Order was in these Words IN the Cause depending between the Commons and Citizens and the Lord Major of the City of London about the Nominating and Electing of one of the Sheriffs of the said City for this Year ensueing their Lordships taking it into their Consideration that the Election should have been dispatched upon Mid-Summer day last past and finding that upon Omission of performing the Election as upon that Day Devolutions have ensued pro tali vicé to the Commonalty of London do Order that for this time the said Commonalty shall forthwith proceed to the Nomination and Election of both their Sheriffs for the Year following hoping that for the first of the two Sheriffs they will make choice of that Party that was Nominated by the Lord Major and their Lordships do further declare That this Order shall be no way prejudicial to any Right and Prerogative claimed by the Lords the Majors of the City of London for the time being nor yet to any Right or Claim made by the Commons or Citizens in this matter now in Question amongst them It was also Ordered That those Lords that are to go into Scotland with some of the Members of the House of Commons shall go to the Lord General in their Passage The Commissioners for Scotland to quicken the Disbanding Order to stop proceedings upon the Conviction of the Lady Wotton a Recusant to desire that the Order of both Houses may be put into speedy Execution for the disbanding of the Horse and they are to give an Account of the Lord Generals Answer Upon signification this day made unto the Lords House that an Indictment and Conviction in London against the Lady Margaret Wotton for Recusancy is returned into the Treasurers and Remembrancers Office of the Court of Exchequer and the Pipe contrary to former Orders of this House in that behalf and against the Priviledges of the same It is Ordered That no further Proceedings shall from henceforth be had in the said Treasurers Remembrancers or Pipe Offices against the said Lady upon the said Conviction nor any Process shall be thence made or issue thereupon until this House shall give further Order in this Matter Upon a former Information to the Commons by one Sewer Saturday August 21. Disarming of Recusants that he had seen a great quantity of Arms in the Marquiss
For the City and County of the City of Lincoln the Major for the time being and Thomas Grantham Esquire For the West Riding of the County of York Ferdinando Lord Fairfax Sir Edward Roads Sir William Strickland Henry Cholmley Esquire For the East Riding Sir Marmaduke Langdale John Allured Esquire For the North Riding Thomas Hebblethwait Esquire Sir Henry Anderson Sir Henry Slingsby John Wastell Esquire For the City and County of the City of York the Lord Major for the time being Sir Thomas Widdrington and Sir William Allison For the County of Sussex Sir Thomas Pellham Mr. Shelley Mr. William Hay For the Ports in Sussex William Hay Herbert Morley Esquire For the County of Bucks Sir William Andrews Baronet Sir Alexander Denton Knight Sir John Parsons For the County of Berks Sir George Stonehouse Sir John Bacchus Roger Knight Esquire For the County of Cornwal Sir Richard Carey Baronet Alexander Carey Esquire Sir Richard Butler Knight For the County of Cumberland Richard Barwick Esquire William Pennington of Seaton Esquire For the County of Cambridge Sir Dudley North Sir John Cutts Thomas Chichely Thomas Wendy and Thomas Symonds Esquires For the County of Devon Sir Samuel Rolle Sir John Bramfield Baronet For the City of Exceter the Major for the time being For the County of Dorset Sir Walter Erle Sir Thomas Trenchard Knights For the County of Essex Sir Harbottle Grimston Sir Richard Everard Sir Thomas Bendish Sir Robert Kemp. For the County of Gloucester Henry Bret Esquire Sir Robert Cook Edward Stevens Thomas Hodges Esquires For the City and County of the City of Gloucester the Major for the time being and the two Ancient Aldermen For the County of Huntingdon Sir Sydney Mountague Anslow Winch Esquire Tirel Josseline Esquire Henry Cromwel Esquire For the County of Hertford Edward Chester Edward Wingate Esquires John Butler For the County of Hereford Walter Kerle Esquire Sir William Crofts Knight John Scudamore of Kenchurch James Kirle Edward Broughton Esquires For the County of Kent Mr. Edward Boyes Sir Thomas Walsingham Sir Edward Partridge Knights Richard Lee Esquire For the City and County of the City of Canterbury Sir Edward Masters Knight and for the Ports in Kent and their Members Sir Edward Boys Knight For the County of Leicester Sir Arthur Haslerigg Thomas Lord Grey For the County of Middlesex Sir John Danvers Sir William Roberts Sir Henry Roe Sir Gilbert Gerrard Sir John Franklyn For the City of Westminster Sir Robert Pye William Wheeler John Glyn Esquires For the City of London the Lord Major Thomas Soame Isaak Pennington Aldermen Samuel Vassal and Captain John Ven Merchants Members of the House of Commons For the County of Northampton Edward Montague Esquire Sir John Dryden Sir Christopher Yelverton Zouch Tate Esquire For the County of Norfolk Sir John Potts Sir Thomas Woodhouse Sir Edmond Moundeford For the City and County of Norwich the Major for the time being For the County of Northumberland Sir John Fennicke Henry Ogle Thomas Middleton William Shafto of Babington Esquires Town of New-Castle the Major for the time being Mr. Ledyard For the Town of Barwick Sir Robert Jackson Mr. John Sleigh Gent. William Fenwick Gent. For the County of Oxon. James Fynes Sir William Cobb Sir Thomas Penniston and John Doyley Esquire For the County of Rutland Sir Guy Palmes Sir Edward Harrington Robert Horseman Esquire For the County of Surrey Sir John Evelyn Sir Ambrose Brown Baronet For the County of Salop Sir Richard Newport Mr. Richard Moore Charles Baldwin Esquire For the County of Southampton Richard Whitehead Esquire Sir William Lewis Town of Southampton Major for the time being For the County of Suffolk Sir Roger North Sir Robert Crane Robert Reynolds Esquire Sir William Platers William Cage Esquire For the County of Somerset Sir John Horner Sir John Pawlet Knights John Pyne Esquire City of Bristol the Major for the time being John Gunning John Tomlinson For the County of Westmorland Sir Philip Musgrave Knight and Baronet Sir Henry Bellingham Gawin Braithwait Esquire For the County of Wilts Sir Nevil Poole Anthony Hungerford Esquire For the County of Worcester Humphrey Solloway Esquire Edward Dingley Edward Pitt Thomas Rouse Esquire City of Worcester the Major for the time being For the County of Warwick Sir Richard Skeffington William Combes Esquire John Hales Richard Shugborough Esquires For the City and County of Coventry the Major for the time being Alderman Million John Barr Esquire For the City of Litchfield the Bailiffs for the time being For the County of Anglesey Thomas Buckley Owen Wood Esquires For the County of Pembroke Henry Williams Thomas Gwyn William Morgan Esquires For the County of Carnarvan Thomas Glyn of Nantley William Thomas Owen Wynn Thomas Madrin Esquires For the County of Denbigh Thomas Middleton John Loyd William Wyn Esquire For the County of Flynt Thomas Mostyn Humphry Dymock John Eaton John Salisbury Esquires For the County of Glamorgan William Herbert Sir Thomas Lyne Miles Buton Esquires For the County of Merioneth William Salisbury Esquire Sir James Price Knight For the County of Pembrook Sir Richard Philips Baronet Sir Hugh Owen Knight and Baronet For the County of Montgomery Arthur Price Esquire Richard Griffith Edward Vaughan Esquires For the County of Radnor Thomas Lewis Robert Williams Richard Jones Esquires For the County Palatine of Durham Sir Lionel Madidson Sir Alexander Hall George Lilburn Clement Fulthorp For the County of Cardigan Walter Loyd James Lewis Esquires For the County of Carmarthen Richard Earl of Carberry Francis Loyd Esquire For the County of Monmouth Sir William Morgan Thomas Morgan William Herbert of Colebrook William Baker of Abergany Sir Robert Cooke Sir Charles Williams James Kirke Esquires Which said Persons so appointed and nominated or any one or more of them together with the Justices of the Peace of every Shire County or Riding respectively or any one or more of them or the Major Bailiffs Justices of the Peace Jurats or other Head-Officers within any City or Town Corporate or other Priviledged places or any one or more of them respectively shall have Power and are hereby authorized and required to do and perform all and every such thing and things as shall be necessary to the due execution of this present Ordinance according to the Instructions herewith annexed which said Instructions are hereby Ordered and Commanded to be duly observed and executed by all and every Person and Persons whom it shall or may appertain as they will answer the contrary at their Perils This Ordinance to continue no longer then till the end of this present Session of Parliament Instructions appointed by Ordinance of Parliament to the Persons thereby Authorized for the Disarming of Popish Recusants Instructions to the Comissioners for Disarming Popish Recusants and others and other dangerous Persons I. SUch Members of the House of Commons and other Persons as in and by the said Ordinance are particularly named and appointed or any one or more of them and the Justices
certainly by the informing Sectaries who were very diligent in springing Game for the Committee and Sub-Committees for Religion the Ministers Remonstrance and for Scandalous Ministers Mr. White 's Mr. Corbet's Sir Robert Harlow's and Sir Edward Deering's Committees And then these Godly Informers must be gratified for their Petitions Informations and such like good Service to the Common-Wealth by the Imprisonment Scorn and Contempt Charges and many times utter Ruine of the truly Loyal and Orthodox Clergy of the Church of England And whoever will take the pains to Rake in that Libel of Mr. White 's called The first Century of Scandalous Malignant Priests will find that the greatest Crimes which many of the Clergy were Accused for and turned they and their Families naked to the wide World were the disobeying this Order For Bowing at the Name of Jesus Examples 33 and 43. For setting up the Name of Jesus in the Church Ex. 72.83 Preaching against Sacriledge Ex. 22. Bowing the Body in God's House Ex. 7. But to return to the House of Commons after the Voting of this Declaration they fell upon the business of the Recess and preparing Instructions for the Committee which was to Sit during the time of the Adjournment And Mr. The standing Committee during the Recess of the Parliament Pym Sir Gilbert Gerrard Sir John Franklin Sir John Culpeper Mr. Wheeler Sir Henry Mildmay Mr. Bridgman Sir Thomas Bowyer Sir Thomas Barrington Sir Edward Hales Sir William Litton Sir Richard Cave Mr. Robert Goodwin Sir Samuel Luke Mr. Wingate Sir Robert Pye Alderman Soams Alderman Pennington Captain Venn Mr. Vassal Lord Falkland Capt. Rainsborough Mr. Bence Sir Peter Wroth Sir John Holland Mr. Winwood Mr. John Goodwin Sir Thomas Dacres Mr. Morley Mr. Henry Martin Mr. Arthur Goodwin Sir John Clotworthy Mr. White Mr. Sollicitor Mr. Spurstow Mr. Laurence Whitacre Serjeant Wild Mr. Strode Sir Henry Vane Mr. Glyn Sir Symon D'Ewes Sir William Drake Mr. Beddingfield Sir Gilbert Pickering Mr. Blakston Mr. Waller were appointed to be a Committee during the Recess This Committee to meet on Saturday next in the Exchequer-Chamber at Nine of the Clock in the Fore-noon Directions for the Committee during the Recess and they are to meet every Tuesday and Saturday in every Week and at such other times as they think fit during the Recess and they or any Six of them have power to meet with the Commissioners of the Lords appointed during their Recess at such times as they shall appoint They have Power to receive open and answer such Letters as come from the Committee in Scotland according to former Instructions and Orders of this House To take Care that the Orders of this House be punctually observed concerning Disbanding the Army Train of Artillery and Garrisons and for the Issuing and sending down of Money to those purposes To Recall the Committee in Scotland if they see Cause To go on in preparation of Proceedings against the Principal of such Delinquents as are already Voted or Complained against and to report Vpon any Informations of Riots or Tumults to have Power to send to all Sheriffs Justices of Peace and other Officers to stir them unto their Duties in repressing them and to report To Examine the Entries of the Clerks Books and that the Committee may not mistake any past Actions of the House a Clerk to be left there with the Books To take Care of the Preparations for his Majesties Revenue and to take into Consideration any Accounts to his Majesty To go on in prosecution of the Consideration of a West-Indian Company To take into Consideration the Fishing upon the Coasts of England Scotland and Ireland To take into Consideration the Resolutions of the Abuses in Exchange and Transporting of Money and the Regulating of the Par between this and other Nations To prepare the Irish Laws depending to be either at the Access transmitted to the Lords or recommended to the Irish Parliament To consider about Sal Petre and Gunpowder To send for any Persons Writings and Records To prepare a Discharge for the Earl of Warwick according to those Acquittances he hath given concerning the Northern Counties After which the Speaker desired he might have leave to go into the Country during the Recess which being granted the House was Adjourned till October 20. at Eight of the Clock in the Morning Happy had it been for England had they never met again to be the Authors of the most Dismal Tragedy that ever was Acted upon the Theatre of England but Providence whose Wisdom is unsearchable had Ordained them to be a Scourge to a People Wanton with Long Peace Ease Plenty and Even Religion it self The day to which the Parliament was Adjourned being now come Wednesday Octob. 20. both Houses met And the Lords being sate in their House and divers of them observing the Palace Yard full of Armed Men it was moved That it might be known upon what Grounds and Reasons the Trained Bands of Westminster were in the Old and New Palaces assembled The Lord Chamberlain being Captain General of the South Parts of this Kingdom during the King's absence in Scotland by Command of the House signified That his Lordship received a Desire from the Committee of the House of Commons which sate during the time of the late Recess that there might be a Guard of Souldiers about the Parliament to prevent the Insolence and Affronts of Souldiers at this time about the Town and to secure the Houses against other Designs which they have reason to suspect untill the Parliament meets and gives further Order therein Hereupon it was Ordered The Parliament takes a Guard of the Trained Bands of Westminster That the Lord Chamberlain shall by virtue of this Order continue a Guard of Souldiers to guard the Parliament Houses until the further Pleasure of the Parliament be known and that the Number of the said Soldiers shall be wholly left unto the discretion and management of the said Lord Chamberlain Captain General After this the Lord Keeper informed the House That he had received a Letter from the Lord Howard in Scotland dated the 14th of October which was read The Conspiracy in Scotland declaring That upon Monday Night then last there fell out a great Interruption in the Business there by reason of an Information given to the Marquiss of Hamilton the Earl of Argyle and the Earl of Lannerick That there was a Design to seize upon their Persons that Night whereupon they removed their Lodgings and stayed in the City all Night and relation being made hereof the next day to the Parliament the Earl of Crawford Colonel Steward and Colonel Cockram were restrained and after a further Examination his Lordship will give this House a further Information The first thing that was done in the House of Commons Mr. Pym's Report of what was done during the Recess Mr. Pym Reports what was done during the Recess THE first thing we had in Charge was
Provinces of Munster and Connaght as also to the Sheriffs of five Counties of the Pale to consult the best way and means of their own preservation That day the Lord Viscount Gormanstoun the Lord Viscount Netterville the Lord Viscount Fitz-Williams and the Lord of Lowth and since the Earls of Kildare and Fingal and the Lords of Dunsany and Slane all Noblemen of the English Pale came unto us declaring That they then and not before heard of the matter and professed all Loyalty to His Majesty and Concurrence with the State but said they wanted Arms whereof they desired to be supplied by us which we told them we would willingly do as relying much on their faithfulness to the Crown but we were not yet certain whether or no we had enough to Arm our strengths for the guarding of our City and Castle yet we supplied such of them as lay in most danger with a small proportion of Arms and Ammunition for their Houses lest they should conceive we apprehended any Jealousie of them and we commanded them to be very diligent in sending out Watches and making all the Discoveries they could and thereof to advertise us which they readily promised to do And if it fall out that the Irish generally rise which we have cause to suspect then we must of necessity put Arms into the hands of the English Pale in present and others as fast as we can to fight for the defence of the State and themselves Your Lordship now sees the Condition wherein we stand and how necessary it is first That we enjoy your Presence speedily for the better guiding of these and other Publick Affairs of the King and Kingdom And secondly That the Parliament of England be moved immediately to advance to us a good Sum of Mony which being now speedily sent hither may prevent the expence of very much Treasure and Blood in a long continued War And if your Lordship shall happen to stay on that side any long time we must then desire your Lordship to appoint a Lieutenant General to discharge the great and weighty burthen of commanding the Forces here Amidst these confusions and disorders fallen upon us we bethought us of the Parliament which was formerly Adjourned to November next and the Term now also at hand which will draw such a concourse of People hither and give opportunity under that pretence of Assembling and taking new Councils seeing the former seems to be in some part disappointed and of contriving further danger to this State and People We therefore found it of unavoidable necessity to Prorogue the Parliament to the 24th day of February next and therefore we did by Proclamation Prorogue it accordingly and do direct the Term to be Adjourned to the first of Hillary Term excepting only the Court of Exchequer for the hastening in the King's Money We desire that upon this occasion your Lordship will be pleased to view our Letters concerning the Plantation of Connaght dated the 24th of April last directed to Mr. Secretary Vane in that part thereof which concerns the County of Monoghan where now these fires do first break out In the last place we must make known to your Lordship That the Army we have consisting but of 2000 Foot and 1000 Horse are so dispersed in Garrisons in several Parts of the four Provinces for the security of those Parts as continually they have been since they were reduced as if they be all sent for to be drawn together not only the Places where they are to be drawn from and for whose safety they lye there must be by their absence distressed but also the Companies themselves coming in so small numbers may be in danger to be cut off in their march nor indeed have we any mony to pay the Soldiers to enable them to march And so we take leave and remain From His Majesties Castle of Dublin 25 Oct. 1641. Your Lordships to be Commanded William Parsons John Borlase Robert Boulton Canc. J. Dillon Anth. Midensis Jo. Raphoe Thomas Rotherham Fra. Willougbly Jo. Ware Ro. Digby Adam Loftus Jo. Temple Gerrard Lowther George Wentworth Ro. Meredith Postscript The said Owen Connelly who revealed this Conspiracy is worthy of great Consideration to Recompence that Faith and Loyalty which he hath so extremely to his own danger expressed in this business whereby under God there is yet hope left us of Deliverance of this State and Kingdom from the wicked purposes of those Conspirators And therefore we beseech your Lordship that it be taken into Consideration there so as he may have a mark of His Majesties most Royal Bounty which may largely extend to him and his Posterity we being not now able here to do it for him William Parsons As we were making up these our Letters the Sheriff of the County of Monoghan and Dr. Teale having fled came unto us and informed us of much more Spoil committed by the Rebels in the Counties of Monoghan and Cavan and that the Sheriff of the County of Cavan joyns with the Rebels being a Papist and Prime Manof the Irish William Parsons Robert Digby John Dillon Adam Loftus Then Sir William Cole's Letter which had given some Light to the Conspiracy was read as followeth Right Honorable UPon Friday last Two of the Natives of this County Sir William Cole's Letter to the Lord Justices of Ireland just before the discovery of the Rebellion Men of good Credit came to my House and informed me that Hugh Boy Mr. Tirlagh Mr. Henry O Neal a Captain which came from Flanders about May last hath since that time had the chiefest part of his Residence in Tyrone at or near Sir Phelem Roe O Neal 's House to which Place it hath been observed there hath been more then an Ordinary or former Vsual resort of People so frequent that it hath bred some Suspition of Evil Intendments in the Minds of sundry Men of honest Inclinations and these Gentlemen my Authors do say that they do hold no good Opinion of it rather construing an evil Intention to be the Cause thereof For my own part I cannot tell what to make or think of it The Lord Maguire in all that time as they inform me also hath been noted to have very many private Journeys to Dublin to the Pale into Tyrone to Sir Phelim O Neals and many other Places this Year which likewise gives diverse of the Country Cause to doubt that something is in Agitation tending to no good Ends. Vpon Saturday last one of the same Gentlemen came again to me and told me that as he was going Home the Day before he sent his Footman a nearer Way then the Horse Way who met with one of the Lord Inskillins Footmen and demanded of him from whence he came Who made Answer That he came from Home that Morning and the other replying said You have made good hast to be here so soon to which he answered That his Lord came Home late last Night and writ Letters all
notice that His Majesty had Authorized Commissioners to hear what they should say or propound these very words follow Viz. Which Your Majesties Gracious and Princely favour we find accompanied with these words viz. Albeit we do extremely detest the Odious Rebellion which the Recusants of Ireland have without Ground or Colour raised against Us Our Crown and Dignity Words adds he which deserve to be written with A Beam of the Sun as an Eternal Monument of His Majesties Justice and their Guilt Nor were they spoken in a Corner but spoken under the Great Seal of England and even in that Commission which those false Accusers were to see and hear Read and by those Expressions they were sufficiently provoked to have pleaded that Authority which they so falsly pretended had they had the least shadow for so black a Calumny So far the said Earl But in regard I find his Lordship Accused in this very Passage P. W's Answer to the L. Orrery p. 58 59. Sec. 81. by P. W. in his Answer to that Book as guilty of omitting the Clause immediately following Viz. Which Words we do in all humility conceive to have proceeded from the misrepresentation of our Adversaries and therefore do protest we have been most maliciously traduced to Your Majesty Although the said P. W. doth very honestly acquit his Majesty of that horrid Scandal ingenuously acknowledging it was Sir Phelim Oneal's invention p. 57. Sec. 79. Yet to supersede all further doubting upon this occasion I will present the Reader with a Paper which his Grace the Duke of Ormond is pleased to oblige him with which will abundantly manifest not only the Innocency of the late illustrious Martyr but shew the true temper of those his inhumane Murderers who would have given Sir Phelim O Neal by the allowed confession of all Men one of the most Bloody of all the Irish Rebels not only Life and Liberty but a plentiful Reward if he would have confirmed this notorious Calumny but the Papist had it seems for that time a far better Conscience of Honesty and Honour then those impenitent Rebels and Regicides who called themselves the True Protestants for all these Temptations could not prevail with him Dr. Ker the Dean of Ardagh his Deposition concerning the Calumny thrown upon K. Charles the Martyr for giving a Commission to the Rebels in Ireland to buy his Life at the Rate of a Sin which even to him appeared greater then all his other bloody Inhumanities and Cruelties The Paper follows I John Ker Dean of Ardagh having occasionally discoursed with the Right Honourable George Lord Viscount Lanesborrough concerning the late Rebellion of Ireland and his Lordship at that time having desired to certifie the said Discourse under my Hand and Seal do declare as followeth That I was present in Court when the Rebel Sir Phelim Oneal was brought to his Tryal in Dublin and that he was Tryed in that Court which is now the High Court of Chancery and that his Judges were Judge Donelan afterwards Sir James Donelan Sir Edward Bolton Knight sometimes Lord Chief Baron of the Exchequer _____ Dungan then called Judge Dungan and another Judge whose name I do not now remember And that amongst other Witnesses then brought in against him there was one Joseph Travers Clerk and one Mr. Michael Harrison if I mistake not his Christian name and that I heard several Robberies and Murthers proved against him the said Sir Phelim he having nothing material to plead in his own defence And that the said Judge whose name I remember not as abovesaid Examined the said Sir Phelim about a Commission that the said Sir Phelim should have had from Charles Stuart as the said Judge then called the late King for levying the said War That the said Sir Phelim made Answer That he never had any such Commission and that it was proved then in Court by the Testimony of the said Joseph Travers and others that the said Sir Phelim had such a Commission and did then in the beginning of the said Irish Rebellion shew the same unto the said Joseph and several others then in Court. Vpon which the said Sir Phelim confessed that when he surprised the Castle of Charle-mount and the Lord Caulfield that he Ordered the said Mr. Harrison and another Gentleman whose name I now do not remember to cut off the King 's broad Seal from a Patent of the said Lord's they then found in Charlemount and to affix it to a Commission which he the said Sir Phelim had ordered to be drawn up And that the said Mr. Harrison did in the face of the whole Court confess that by the said Sir Phelim 's order he did stitch the Silk Cord or Label of that Seal with Silk of the Colours of the said Label and so fixed the Label and Seal to the said Commission and that the said Sir Edward Bolton and Judge Donelan urging the said Sir Pheilm to declare why he did so deceive the People He did Answer That no Man could blame him to use all means whatsoever to promote that Cause he had so far ingaged in And that upon the second day of his Tryal some of the said Judges told him that if he could produce any material proof that he had such a Commission from the said Charles Stuart to declare and prove it before Sentence should pass against him and that he the said Sir Phelim should be restored to his Estate and Liberty But he answered That he could prove no such thing nevertheless they gave him time to consider of it till the next day which was the third and last day of his Tryal Vpon which day the said Sir Phelim being brought into the Court and urged again he declared again that he never could prove any such thing as a Commission from the King And added that there were several Outrages committed by Officers and others his aiders and abettors in the management of that War contrary to his Intention and which now pressed his Conscience very much and that he could not in Conscience add to them the unjust Calumniating the King though he had been frequently solicited thereunto by fair Promises and great Rewards while he was in Prison And proceeding further in this discourse that immediately he was stopt before he had ended what he had further to say the Sentence of Death was pronounced against him And I do further declare That I was present and very near to the said Sir Phelim when he was upon the Ladder at his Execution and that one Marshal _____ Peake and another Marshal before the said Sir Phelim was cast came riding towards the place in great haste and called aloud stop a little and having passed through the throng of the Spectators and Guards one of them whispered a prety while with the said Sir Phelim and that the said Sir Phelim answered in the hearing of several hundreds of People of whom my self was one I thank the Lieutenant General for his intended
this Kingdom and in Pursuance thereof they and every of them have Traiterously Contrived Introduced and Exercised an Arbitrary and Tyrannical Government against Law thorowout this Kingdom by the Countenance and Assistance of Thomas Earl of Strafford then Chief Governor of this Kingdom II. That they and every of them the said Sir Richard Bolton Knight Lord Chancellor of Ireland John Lord Bishop of Derry Sir Gerard Lowther Knight Lord Chief Justice of the Common-Pleas and Sir George Radcliffe Knight have Traiterously assumed to themselves and every one of them regal Power over the Goods Persons Lands and Liberties of his Majesties Subjects in this Realm and likewise have Maliciously Perfidiously and Traiterously Given Declared Pronounced and Published many False Unjust and Erroneous Opinions Judgments Sentences and Decrees in Extrajudicial manner against Law and have Perpetrated Practised and Done many other Traiterous and unlawful Acts and Things whereby as well divers Mutinies Seditions and Rebellions have been raised as also many Thousands of his Majesties Liege People of this Kingdom have been Ruined in their Goods Lands Liberties and Lives and many of them being of good Quality and Reputation have been utterly defamed by Pillory Mutilation of Members and other infamous Punishments By means whereof his Majesty and the Kingdom have been deprived of their Service in Juries and other Publick Imployments and the general Trade and Traffick of this Island for the most part destroyed and his Majesty highly Damnified in his Customs and other Revenues III. That they the said Sir Richard Bolton John Lord Bishop of Derry Sir Gerard Lowther Knight and Sir George Radcliffe and every of them the better to preserve themselves and the said Earl of Strafford in these and other Traiterous Courses have laboured to Subvert the Rights of Parliament and the ancient Course of Parliamentary Proceedings all which Offences were contrived Committed Perpetrated and done at such time as the said Sir Richard Bolton Sir Gerard Lowther and Sir George Radcliffe Knights were privy Counsellors of State within this Kingdom and against their and every of their Oaths of the same at such times as the said Sir R. Bolton Knight was Lord Chancellor of Ireland Chief Baron of his Majesties Court of Exchequer within this Kingdom and Sir Gerard Lowther Knight was Lord Chief Justice of the said Court of Common-Pleas and against their Oaths of the same and at such time as the said John Lord Bishop of Derry was actual Bishop of Derry within this Kingdom and were done and speciated contrary to their and every of their Allegiance several and respective Oaths taken in that behalf IV. For which the said Knights Citizens and Burgesses do Impeach the said Sir Richard Bolton Lord Chancellor of Ireland John Lord Bishop of Derry Sir Gerard Lowther Knight Lord Chief Justice of his Majesties said Court of Common-Pleas and Sir George Radcliffe Knight aforesaid and every of them of High-Treason against our Soveraign Lord the King his Crown and Dignity The said Knights Citizens and Burgesses by Protestation saving to themselves the Liberty of exhibiting at any time hereafter any Accusation or Impeachment against the said Sir Richard Bolton John Lord Bishop of Derry Sir Gerard Lowther and Sir George Radcliffe aforesaid and every of them and also of replying to them and every of their Answers which they and every of them shall make to the said Articles or any of them and of offering Proof also of the Premisses or of any other Impeachment or Accusation as shall be by them Exhibited as the Case shall according to the Course of Parliament require And the said Knights Citizens and Burgesses do pray that the said Sir Richard Bolton Knight Lord Chancellor of Ireland John Lord Bishop of Derry Sir Gerard Lowther Knight Lord Chief Justice of his Majesties said Court of Common-Pleas and Sir George Radcliffe Knight and every of them be put to Answer to all and every of the Premisses and that all such Proceedings Examinations Tryal and Judgment may be upon them and every of them had and used as is agreeable to Law and Justice Copia vera Signed PHILIP PHERNESLY Cler. Parliamenti Thus did these Popular Reforming Protestants help to unhinge the Government and not only helped forward the Designs of the Irish if Sir John Temple's observation before mentioned be true of their endeavours to push out the present Ministers and to get into their places but they gave great Countenance especially to the Vulgar and colourable pretences to the Ensuing Rebellion when even the Protestants of the Parliament of Ireland as well as the Parliament of England by their severe Procedure against the Earl of Strafford for misgovernment and Oppressions done in Ireland by impeaching of these Persons and by their repeated loud Complaints of Grievances Wrongs and Injustice publickly defamed his Majesties Government and proclaimed to the whole World That those Miseries which the Irish suffered under those their Governors and for the Redress of which they pretended to take up Arms were so great real and intolerable that both the Parliaments of England and Ireland were so deeply sensible of them as to acknowledg and thus bitterly inveigh against them Nor were the active men of the Commons House there less busie but the Lawyers Darcy Martin Plunket Cusack Brown Linch Bodkin Evers and others took upon them with much confidence to declare the Law and to frame several Queries which being proposed to the Judges and their Modest Answers not being satisfactory they gave out Resolutions of their own upon them such as might serve their Interest and Designs rather then comport with the Honor Duty and Allegiance which they owed to their Soveraign The Queries together with the Judges Answers to them as also their own Resolutions which were transmitted hither I find in the Paper-Office as followeth Questions wherein the House of Commons humbly desires that the House of the Lords would be pleased to require the Judges to deliver their Resolutions IN as much as the Subjects of this Kingdom are Free Queries propounded by the Parliament of Ireland to the Judges of that Kingdom Loyal and Dutiful Subjects to his most Excellent Majesty their Natural Liege-Lord and King and to be governed only by the Common Lawes of England and Statutes of Force in this Kingdom in the same manner and form as his Majesties Subjects of the Kingdom of England are and ought to be Governed by the said Common-Laws and Statutes of Force in that Kingdom which of Right the Subjects of this Kingdom do Challenge and make their Protestation to be their Birth-right and best Inheritance Yet in as much as the unlawful Actions and Proceedings of some of his Majesties Officers and Ministers of Justice of late years introduced and practised in this Kingdom did tend to the infringing and violation of the Laws Liberties and Freedom of the said Subjects of this Kingdom contrary to his Majesties Royal and Pious Intentions Therefore the Knights Citizens and Burgesses in
manifestation thereunto subscribeth this 16th day of May 1654. Robert R. Farnam his Mark. This Deposition was taken before Us Commissioners for the Revenue of the Precinct of Cork Robert Phaier Esay Thomas Tho. Woodlif Twelve Depositions in behalf of the Lord and Lady Muskery viz. 1 Sarah Vokely 2 Barbara Moore 3 Mrs. Love 4 Catharine Floyd 5 Mary Thomas 6 Sampson Moor. 7. Eliz. Wharton 8 Ann Field 9 Corporal Biddel in behalf of the said Lord and Lady with Eliz. Lasdoffers in behalf of the said Lady 10 Richard Love 11 Richard Allen and William Baker 12 Eliz. King 13 A Copy of the Certificate of the Lady Muskery's civil carriages since the Rebellion taken before the said Commissioners Dated with the above Depositions the 16th day of May 1654. The Bishop of Ferns also gave this Certificate That he saw a Gibbet upon Carigodrohitt Hill with Two Irish-men hanging on it Executed by the Lord Muskery 's Order for Robbing some English-men coming out from Kerry in the Week before Christmas 1641. Dat. March 28 1682. The Rebels grown now numerous by meeting with little or no opposition and insolent by their Successes began to think of carrying all before them and Sir Phelim O Neal had got together a great Army though but in very ill Equipage insomuch that he divided his Body and with one part marched down towards Lisnagarny near the chief Plantation of the Scots whom hitherto they had professed they would permit quietly to live among them and keep what they were possessed of and the other part advanced towards the English Pale and took in Dondalk Dondalk taken by the Rebels which they did with little difficulty there being only one Company in the Town of the Army commanded by a Lieutenant who having neither Arms nor Ammunition quickly yielded the place which he saw it impossible to defend the Inhabitants being willing to Entertain the Rebels into the Town as they had before into their Hearts and good Affections After the taking of this Town which was about the beginning of November they marched further into the County of Lowth and took in Ardee a little Town within Seven Miles of Tredah The State had present advertisement from the Lord Moor A Garrison opportunely sent to Tredah of their Motions and the Design they had upon Tredah and the ill posture it was in and therefore dispatched away Sir Henry Tichburn with a Regiment wherein several who had been Field-Officers in former Employments voluntarily served as private Captains who going from Dublin the third of November happily arrived there the next day and after them several Troops under the Command of Captain John Slaughter Lieutenant to Sir Thomas Lucas Commissary General Thomas Graham Lieutenant to Sir Adam Loftus and others by which means that important place was preserved from falling into the hands of the Rebels The Lords Justices and Council did also with all diligence apply themselves now to fortifie the City and Suburbs of Dublin Dublin fortified which the Rebels among other Insolencies threat'ned to Attaque Sir Charles Coot was made Governour of the City and had a Commission to raise a Regiment of the poor stripped and dispoiled English who had taken Sanctuary in that City as also the Lord Lambert had to raise another But the greatest difficulty was Money which either was so really scarce or so pretended by the Mayor Aldermen and Citizens that when the Lords Justices sent to borrow Money of them to victual the Castle and carry on the Fortifications The Corporation of Dublin not able to raise above 40 l. they positively affirmed to the Board all they could raise would not amount to above 40 l. and part of that in Cattle too which to Posterity will rather appear an Argument of the little Affection they had to the Government and to keep out the Rebels than of any real Want or Poverty However the Master of the Rolls by a pretty Artifice got the Castle plentifully Victualled for observing the Frights and daily Alarms in which the Protestants in the City were in he laid hold upon this occasion Dublin Castle well Victualled by a pretty Artifice of the Master of the Rolls and sending for some of the best Merchants of the Protestants he represented to them how unsafe their Goods were in the Town and advised them to bring them for security into the Castle where they should be under a strong Guard and withal engaged That if they were made use of for the Publick Service he would become engaged for so much which he would repay out of the first Money consigned from England which promise he exactly afterwards made good by Bills drawn upon the Chamber of London by this means he got 2000 Barrels of Beef 2000 Barrels of Herrings and a large proportion of Wheat into the Stores of the Castle which afterwards proved of excellent Use for the Relief not only of the Castle but of the Army which was quartered in the City a long time after To prevent Dangers which might happen by the great resort of Strangers to the City which raised great apprehensions in the honester Party of the Inhabitants a Proclamation was made commanding all Persons in His Majesties Name not dwelling in the City of Dublin within one hour after the Publication thereof immediately to depart upon pain of Death and this not seeming sufficiently effectual upon the 28th of October a second Proclamation more severe was issued out to the same purpose with the penalty of death to such as should harbour or entertain such suspitious Persons The Proclamations were as follow By the Lords Justices and Council William Parsons Jo. Borlase FOr great and weighty reasons of State A Proclamation commanding all Strangers upon pain of death to depart the City and Suburbs of Dublin 23 Octob. 1641. concerning highly the Peace and Safety of this City and Kingdom We do hereby in His Majesties Name strictly Charge and Command all manner of Persons of what Degree and Condition soever who are not dwellers in this City or Suburbs that within one hour after publishing this Proclamation they depart from the Suburbs of this City and return to their own dwellings and that upon pain of death to be presently executed upon them if any of them be found here after that time And all Housholders in the Suburbs to whom any such may come are to be equally guilty with such Contemners if they Lodge or Entertain any of the said Persons hereby required to depart Given at His Majesties Castle of Dublin 23 October 1641. R. Dillon Ad. Loftus Jo. Temple Fr. Willoughby Ja. Ware Rob. Meredith A second Proclamation for all Strangers upon pain of death to depart out of Dublin c. Octob. 28. 1641. By the Lords Justices and Council William Parsons Jo. Borlase WHereas notwithstanding the late Proclamation published in this City requiring all Stangers to depart from the same upon pain of Death divers Strangers do daily repair to the same and
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
through this little Artifice and therefore the Merchants c. being withdrawn after much consideration the Question was put Whether this House will joyn in an humble Petition with the House of Commons to his Majesty to remove Sir John Byron Knight The Lords refuse to joyn with the Commons in a Petition to displace the Lieutenant of the Tower Several Lords enter a Protestation against the Vote for not joyning with the Commons about the Lieutenant of the Tower from being Lieutenant of the Tower of London and to place Sir John Conyers in that Place And it was Resolved Negatively These Lords following before the Question was put demanded their Right of Protestation and that they might have liberty to Enter their Dissents to this Vote which the House gave leave unto Lord Admiral Earl of Bedford Earl of Pembroke Earl of Leicester Earl of Sarum Earl of Warwick Earl of Holland Earl of Bolinbrook Earl of Stamford Viscount Say and Seal Lord Wharton Lord Pagett Lord North Lord Hunsdon Lord Willoughby de Parrham Lord St. Johns Lord Spencer Lord Kymbolton Lord Brooke Lord Roberts Lord Grey de Warke Lord Newnham Lord Howard de Escrick After which the Committee of the House of Commons were called in and the Councel of the Bishops standing at the Bar the 12 Bishops were severally brought in one after another First The Bishops answer to the Impeachment of the Commons The Arch-Bishop of York was brought to the Bar and after he had kneeled as a Delinquent he was commanded to stand up And then the Speaker by direction of the House told him That this Day was appointed for the 12 Bishops to put in their several Answers to the Impeachment of the House of Commons of High Treason against them and that their Lordships do require him to put in his Answer thereunto His Grace Answered That he had received an Order Dated the 30th of December last with an Impeachment against himself and 11 other Bishops of High Treason from the House of Commons And likewise divers Orders of several days that were appointed for them to put in their Answers and the last Order for this day which accordingly he is come to obey their Lordships Commands And for his own Answer to the aforesaid Impeachment of High Treason he gives his Answer in this manner I John Arch-Bishop of York saving to my self all advantages of Exceptions to the insufficiency of the said Impeachment for my self say That I am not Guilty of the Treason Charged by the said Impeachment in manner and form as the same is therein charged Then he desired a present and speedy Tryal and so withdrew In the same manner Thomas Bishop of Durham Robert Bishop of Coventry and Litchfield Joseph Bishop of Norwich John Bishop of St. Asaph William Bishop of Bath and Wells George Bishop of Hereford Matthew Bishop of Ely Robert Bishop of Oxon Godfrey Bishop of Glocester John Bishop of Peterborough and Morgan Bishop of Llandaff were severally brought to the Bar and gave the same Answer The Bishops having given in their Answers the Committee of the House of Commons went to their own House Then a Petition of the Bishops was read as followeth To the Right Honourable the Lords Assembled in the House of Peers The Humble Petition of John Arch-Bishop of York and other the Bishops Impeached by the House of Commons of High Treason the 30th of December last Humbly Sheweth THat your Petitioners by your Honourable Order of the date of the Impeachment The Bishops Petition to be speedily Tryed or Bailed were to put in their Answers thereunto the 7th of this Instant and have had sit hence several days for that purpose assigned them and are now this 17th of this Instant brought hither by your Lordships Order They always having been as now they are ready to obey your Lordships Commands and many of them already much Impaired both in their Health and Estates Do most Humbly Pray That a Speedy proceeding may be had therein and that in the mean time they may be admitted to Baile And your Petitioners shall ever Pray for increase of Honour and Divine Blessing upon your Lordships Jo. Eborac Godfr Glouc. Jos Norvic Tho. Duresme Jo. Asaph Guil. Bath Well Geo. Hereford Mat. Eliens Ro. Oxon. Jo. Petriburg Mor. Landaff Ro. Cov. Litch Hereupon It was Ordered by the Lords The Bishops remanded to Prison That the day of Tryal for the twelve Bishops which are Impeached of High Treason by the House of Commons shall be on Tuesday the 25th of this Instant January at the Bar of the Lords House In the mean time the Bishop of Durham and the Bishop of Coventry and Litchfield shall be remanded to the Custody of the Gentleman Vsher attending this House and the other ten to be presently remanded to the Tower there to remain until the further Pleasure of the House be known And a Message was sent to the House of Commons by Mr. Serjeant Finch and Mr. Serjeant Glanvile to acquaint them with this Order The Lord Keeper being indisposed had by the leave of the House retired himself but before his going had delivered a Letter from the King to the Speaker of the Lords House for the time which was read as follows To Our Trusty and Right well-beloved Councellor Edward Lord Littleton Lord Keeper of the Great Seal of England A Letter and Message to both Houses from the King concerning the Prince CHARLES R. O Or Will and Command is That you deliver to the Parliament in Our Name the Message inclosed concerning the Marquess of Hertford's Attendance upon Our Son and for so doing this shall be your Warrant Given at Our Court at Windsor the 17th Jan. 1641. His Majesty hath seen the Order of the Lords upon the Motion of the House of Commons given to the Marquess of Hertford concerning his Care in attendance upon the Prince not without Wonder that the Parliament should make such an Order which can hardly be otherwise understood but as if there had been a Design of sending the Prince out of the Kingdom which must necessarily have reflections upon his Majesty the Prince being now in the same Place with him And his Majesty hath shewed himself both so good a Father and a King that he thinks it strange that any should have such a thought as that he would permit the Prince should be carried out of the Kingdom or that any durst give him that Counsel Whereupon it was Ordered That this Message be communicated to the House of Commons at Grocers-Hall And then the House was adjourned till the 20th of Jan. In the Commons House Mr. Quelch balled It was Ordered That Mr. Quelch now in the Serjeant's Custody by order of the House shall be forthwith bailed It was rare that ever they absolutely discharged any Person who once came under their Hands though but for the slightest Information and they rather chose to let them go under Bail by which Artifice they
the two Houses did as confidently aver for positive and undoubted Truths as if they had had a Discovery under the King or the Queens own Hand and Seal and to make the People believe it they so vigorously pressed that the Queen might make an Open and Publick Declaration to be sent to Ireland disavowing all manner of Countenance or Assistance to the Rebels or the Rebellion which was designed purposely to blemish Hers and the King's Honor by spreading the Suspition which the Faction had that they were concerned secretly in this detestable Rebellion There were indeed some great Persons I doubt not who gave the Rebels all the Countenance Encouragement and Assistance they could Possibly but I am for setting the Saddle upon the Right Horse Cardinal Richelieu I make no doubt who was in his time the great Incendiary of Europe and who had had a great share in the management of the Scottish Rebellion as before hath been observed had also a very great Influence both upon this Rebellion in Ireland and that which followed it in England as in due time I shall indeavour to make it appear And to fortifie this Opinion I will present the Reader with the Information of Mr. James Wishert a Scot who in a Letter to Mr. Pym gives this account of himself and the Intelligence he got among the Rebels during the space of 12 Weeks that he was a Prisoner among them and since I have not found that Mr. Pym made this Information publique which confirms me in the Opinion that this was a tender point and Richelieu too much a Friend to their own wicked designs to be discovered or Exposed I think my self bound to give Posterity all the light I have been able to discover to enable them to look into the dark and horrid Contrivances of the Conspirators of that Age and the rather in regard it may be a Caution to succeeding Times and may give them some Reason to suspect that there may be dangerous Confederacies even between the Pretenders to Reformation and the greatest Papists though for different Ends the Reformers to secure themselves from Justice by embroyling the Nation and the Popish Ministers of Forreign Nations to keep us busie at home that so we might not be at leizure to keep the ballance even as the Kings of England have ever had the Honour to do but that our hands being tied behind us by domestique Divisions they might be at Liberty by the Power of their Arms to Extend their Empire and Ambition beyond the Bounds and Limits within which the Wisdom of former Ages had restrained them The Information was as followeth OCcurrences that I learned for truth the time of my Bondage Mr. Wishert's Information that Cardinal Richlieu somented the Irish Rebellion First by Mr. Thomas Flemyng Father-in-Law to the Lord Inchekilling and divers others in the Camp That General O Neil with the Rebels had sent one Christopher Ultache a Frier to the Cardinal Richelieu whom he detained five Weeks till he should see further of their Success then they sent another Frier called Newgent with whom they sent the true Relation of all their proceedings whereupon the Cardinal hath assured to send them 16000 Sute of Arms for Foot and 6000 for Horse to Dunkirk and from thence to be sent to Wexford there to be received by the O Tooles Bearns and the Mac Farralds and if they could not land there to land at Carlingford to be received by the Mac Gennis'es and Mac Carties As also that Con Oghe O Neil the Lawful Heir of the House of Tyrone with Colonel Preston Vncle to the Viscount Gormanstown are in West Flanders and have written to all the Irish in the Spanish Service the Emperor's Service or elsewhere and they are to meet them at Dunkirk and so to come from thence with all the Provisions they can make That Tredagh is of such Consequence that the Rebels Esteemed it of Inestimable Value in regard of the Strength thereof the Ammunition of Ponder Ball Cannon and other things therein and of the near Situation thereof to Dublin the Rebels assured themselves of the Kingdom if they had it and Dublin were not able to resist them John Wishert To his Trusty and Well beloved Mr. John Pym. Upon the 16th of November the Parliament met at Dublin where little was done more than the making this ensuing Protestation The Protestation and Declaration of the Lords Spiritual and Temporal and Commons in Parliament Assembled WHereas the Happy and Peaceable Estate of this Realm hath been of late and is still interrupted by sundry Persons The Protestation and Declaration of the Irish Parliament against the Rebellion ill-affected to the Peace and Tâ—anquillity thereof who contrary to their Duty and Loyalty to his Majesty and against the Laws of God and the Fundamental Laws of this Realm have Trayterously and Rebelliously raised Arms seised upon his Majesties Forts and Castles and dispossessed many of his Faithful Subjects of their Houses Lands and Goods and have slain many of them and committed other Cruel and Inhumane Outrages and Acts of Hostility within this Realm The said Lords and Commons in Parliament assembled being justly moved with a right Sense of the said Disloyal and Rebellious Proceedings and Actions of the Persons aforesaid do hereby Protest and Declare That the said Lords and Commons from their Hearts do detest and abhor the said Abominable Actions and that they shall and will to their uttermost Power maintain the Rights of his Majesties Crown and Government of this Realm and the Peace and Safety thereof as well against the persons aforesaid their Abettors Adherents as also against all Forreign Princes Potentates and other persons and attempts whatsoever And in case the persons aforesaid do not repent of their aforesaid Actions and lay down Arms and become humble Suitors to his Majesty for Grace and Mercy in such convenient time and in such Manner and Form as by his Majesty or the Chief Governor or Governors and the Council of this Realm shall be set down the said Lords and Commons do further protest and declare That they will take up Arms and will with their Lives and Fortunes suppress them and their Attempts in such a way as by the Authority of the Parliament of this Kingdom with the approbation of his Excellent Majesty or of his Majesties chief Governor or Governors of this Kingdom shall be thought most effectual Some overtures of an Accommodation however were made by some of the Rebels as appears by this Letter Addressed to the Lord Dillon Viscount of Costeloe one of the Lords of the Council of Ireland which he presented to the Board upon the 10th of Novemb. 1641. Our very Good Lord. OUR Alliance unto your Lordships Ancestors The Longford Letter to the Lord Viscount Costeloe Nov. 10. 1641. and your self and the Tryaal of your and their performance of Trust unto their Friends in their greatest Adversity encourageth us and engageth your Honour to our
to give Sir Henry Tichbourn notice of the approach of this intended Relief and the Design of the Rebels and to order him to take all possible Care of securing their Passage Which Sir Henry by the same Messenger gave his Lordship assurance he would not fail to do and accordingly that very Day he marched out with a considerable Party to meet them but these loose and ill disciplined Men not used to Military Affairs took up their Quarters at Batruby eight Miles short of Tredagh by which means he missed of joyning them that Night The next Day they continued their March but in a disorderly way The English going to relieve Tredagh defeated till they came to Julian's Town where the Rebels having notice from the Lord Gormanston as Sir John Temple from Mr. Creightston's Examination affirms were drawn up to intercept them and by reason of a Mist which then fell and through the negligence of the Scouts who were sent out to give Intelligence they were got within Musket Shot of the Enemy before they discovered them The Major however drew them up presently into what Order he could and they were in a Place of great advantage but a Lieutenant unfortunately giving out the Word Counter-march and thereupon the Men facing about in some Disorder the Rebels gave a hideous Shout and immediately charged them Which with their own fear unaccustomed to the dreadful Face of War put them into such Confusion that they could not be persuaded to make one Charge but throwing down their Arms they every Man fled and gave the Rebels an Easy though considering the Number a bloody Victory for of the whole Party only Sir Patrick Weames with the Horse the Major and 2 Captains with about 100 Men escaped to Tredagh the other three Captains with all the rest of the Soldiers except such as were Irish being there cut off and all the Arms Ammunition and Carriages being also taken by the Rebels This unfortunate Blow as it gave great incouragement to the Rebels so it did extremely deject the Spirits of the English and Protestants but to inliven them a little Sir Charles Coot who with a commanded Party was sent out into the County of Wicklow to repress the Insolencies of the Brins and Tooles who ravaged that Country committing many Depredations and Murthers upon the Protestants meeting with Luke Toole with a thousand Irish under his Command he set upon him and quickly routed them obliging him and his Men to take the Sanctuary of an Irish Bogg for his Security At Wicklow he caused some of those who were accused of the Spoiles and Robberies there to be Executed which the Rebels took for a Pretence to Revenge by the Murder of many Protestants which fell into their Hands About this time there arrived 20000 l. in pieces of Eight 20000 l. arrives out of England which went currant for 4d more in a piece then in England which was a very seasonable Supply and gave some Life and Spirit to the drooping Affairs of the Protestants and enabled the Government to carry on the Levies The King sends Mony and Arms to Ireland from Scotland with which they were now in Hand his Majesty also assisted by the Duke of Richmond had caused such Proportions of Arms and Ammunition with all the Money he could spare to be conveyed out of Scotland with Commissions to Sir Robert Steward and other Persons of Quality in the North of Ireland to give the Rebels a diversion on that side But the Rebels had set their Rest upon the taking of Tredagh and therefore quitting the North with the greatest of their Forces they drew down towards that Place But in their March thither Sir Phelim O Neil and Sir Con Mac-gennis made an Attempt upon Lisnegaruy where Sir Arthur Terringham who commanded a small Party of 400 Foot and was assisted by the Lord Conwayes and part of Captain St. John's Troop to the number of 380 Horse The Rebels repulsed at Lisnegaruy by Sir Arthur Tirringham gave them such warm Entertainment that they were repulsed with considerable loss both of Men and Reputation leaving six of their Colours and many of their Rebellious Adherents slain upon the Place without any considerable loss on the Protestants Side more then of Captain Boid and Captain St. John who fell in the Field of Honor with some private Soldiers and some few others who were wounded in the Incounter And before they sate down before Tredagh a Party of 1300 Foot besieged Mellifont the Lord Moore 's House where were only 24 Musketeers and 15 Horse who bravely defended the Place till their Ammunition was spent and then the Horse setting open the Gate made their way through the Enemy in despight of their Opposition and came safe to Tredagh and the Foot yielded upon Promise of fair Quarter which was but ill kept by the Rebels who killed some of them in cold Blood stripped the rest and Plundered the House carrying away whatsoever was of any Use or Value And now the Lords and Gentlemen of the Pale seeing the Success of the Northern Rebels and the little Force that was raised in Ireland or brought over from England to oppose them began to falter in their Loyalty also and under the pretence of Fears and Jealousies the Common Ingredients of Rebellious Designs to stand upon their Guard and to give too just Suspitions to the Government that they would rather joyn with the Rebels then assist to the Suppressing them The Lords Justices and Council therefore resolving to try them sent this Letter to them AFter our very hearty Commendations to your Lordship A Letter from the Lords Justices and Council to the Irish Lords of the Pale for as much as we have present occasion to confer with you concerning the present State of the Kingdom and the safety thereof in these times of danger We Pray and require your Lordship to be with us here on the 8th day of this Month at which time others of the Peers are also to be here And this being to no other end we bid your Lordship very heartily farewell From his Majesties Castle of Dublin the third day of December 1641. Your very Loving Friends Will. Parsons Jon. Borlase Ormond Ossery Ant. Midensis R. Dillon Ad. Loftus Ge. Shirley J. Temple Rob. Meredith To our very good Lord George Earl of Kildare The like Letters were the same day dispatched to the Earl of Antrim Earl of Fingale Viscount Gormanston Viscount Netervile Viscount Fitz-William Lord Trimblestone Lord Dunsany Lord Slane Lord of Hoath Lord Lowth Lord Lambert But the Lords of the Pale who had been already Treating with the Northern Rebels and therefore looked upon this as an artifice to ensnare them durst not adventure themselves to Dublin but Summoning an Assembly at the Hill of Tarah the Lord Gormanston brought thither an Answer ready drawn which being read and approved of was Signed by the Lords present and sent away the Copy whereof was as followeth
May it please your Lordships WE have received your Letters of the third of this Instant The Answer of the Lords of the Pale to the Lords Justices Dec. 7. 1641. intimating that you had present occasions to confer with us concerning the present State of the Kingdom and the safety thereof in these times of danger and requiring us to be with you there on the eighth day of this Instant we give your Lordships to understand that we have heretofore presented our selves before your Lordships and freely offered our advice and furtherance towards the particulars aforesaid which was by you neglected which gave us cause to conceive that our Loyalty was suspected by you We give your Lordships further to understand that we have received certain Advertisement that Sir Charles Coot Knight at the Council Board hath uttered some Speeches tending to a purpose and resolution to Execute upon those of our Religion a general Massacre by which we are all deterred to wait on your Lordships not having any security for our safety from these threatned Evils or the safety of our Lives but do rather think it fit to stand upon our best guard until we hear from your Lordships how we shall be secured from these Perils Nevertheless we all protest that we are and will continue both Faithful Advisers and resolute furtherers of his Majesties service concerning the present State of the Kingdom and the safety thereof to our best Abilities and so with the said tender of our humble service we remain Your Lordships humble Servants Fingale Slaine Netterville Lowth Gormanston Dunsany Oliver Trimbleston Decemb. 7. Received 11. 1641. To the Right Honourable our very good Lords the Lords Justices and Council of Ireland For much about this time the Lords of the Pale had entered into a Combination with the Vlster Rebels as appears by the Deposition of Edward Dowdall Esq a Gentleman of the Pale who was present at the whole Management of this Affair and deeply concerned in all their Councels and Actions who Deposed before Sir Rob. Meredith Chancellour of the Exchequer as followeth HE Deposeth The Deposition of Mr. Dowdall concerning the Treaty between the Lords and Gentlemen of the Pale and the Ulster Rebels That some four or five days after the defeat of the English Souldiers at the Bridge of Gellianstown there Issued a Warrant from the Lord of Gormanston to the Sheriff of the County for a general Meeting of all the County of Dulick But the Place of Meeting was afterwards changed to the Hill of Crofty where all the Lords and Gentry of the Country met viz. The Earl of Fingale the Lord Viscount Gormanston the Lord of Slaine the Lord of Lowth the Lord of Dunsany the Lord of Trimblestone the Lord Nettervile And of the Gentry Sir Patrick Barnwall Sir Christopher Bellow Patrick Barnwall of Kilbrew Nicholas Darcy of Plattin James Bath of Acharn Garret Ailmer the Lawyer Cusake of Gormanston William Mallone of Lesmullin Sedgrave of Kileglan Linch of the Knos Lynam of Adamstown Laurence Doudal of Athlumney Nicholas Doudal of Brownstown this Examinates Brother and him this Examinate with a Multitude of others to the number of 1000. Persons at the least whose names he this Examinate cannot for the present call to mind And after about two or three hours spent upon the said Hill of Crofty by the Lords and Gentry aforesaid There came towards them Collonel Mahowne Philip O Rely Hugh Boy Rely Roger Moore Hugh Birne and Captain Fox attended on with a Guard of Musqueteers And this Examinate saith That as soon as the Parties drew near unto the said Hill the Lords and Gentry of the Pale rode towards them and the Lord of Gormanstone being one of the first spake unto them and demanded of them Why and for what reason they came Armed into the Pale Vnto which Roger Moore made present Answer That the Ground of their coming thither and taking up Arms was for the Freedom and Liberty of their Consciences the maintenance of his Majesties Prerogative in which they understood he was Abridged and the making the Subjects in this Kingdom as free as those in England were Whereupon the said Lord of Gormonston desired to understand from them truly and faithfully whether those were not pretences and not the true ground indeed of their so doing and likewise whether they had not some other private ends of their own which being by all denyed upon profession of their sincerity his Lordship the Lord Gormanston then told them Seeing these be your true ends we will likewise joyn with you therein unto which course all agreed And thereupon it was publickly and generally declared that whosoever should deny to joyn with them or refuse to assist them therein they would account him as an Enemy and to the utmost of their Power labour his Destruction And this Examinate saith That after the agreement so made as aforesaid There issued another Warrant to the Sheriff of the County of Meath to Summon all the Lords and Gentry of the County of Meath to be at the Hill of Taragh about a week after and accordingly there met at the same place the Earl of Fingale the Lord of Gormanston and the rest of the Lords and Gentlemen aforenamed together with Sir Thomas Nugent and Nicholas Plunket the Lawyer Birford the Lawyer and a multitude of others and the work of that day was first to make Answer to a Summons made by the State for the calling of the Lords unto Dublin which Answer was brought ready drawn by the Lord of Gormanston and presented by his Lordship and being perused by the said Council at Law was Signed by the Lords The Board having Information that Luke Netterville Esquire George Blackney of Richenhore Esquire George King of Clantarf and others were Assembled at Swoords they sent to charge them upon their Allegiance forthwith to depart and not to unite any more in such a manner as by the following Order from the Board appears By the Lords Justices and Council William Parsons John Borlase WHereas we have received Information An Order of the Lords Justices and Council to dissolve an unlawful Assembly at Swoords Dec. 9. 1641. that Luke Nettervile Esq George Blackney of Rickenhore Esq and George King of Clantarfe Gentleman and other Gentlemen of the County of Dublin with great numbers of Men are Assembled together in a Body at Swoords and thereabouts within six Miles of this City for what intent we know not but apparently to the Terror of his Majesties good Subjects and though considering the unseasonableness of this time chosen for such an act without our privity whatsoever their pretence is a construction might be made thereof to their disadvantage yet we being willing to make an Indulgent Interpretation of their Actions in regard of the good opinion we have of the Loyalty of those Gentlemen who it seems are principals amongst them in that Assembly and conceiving there may be some mistaking in that enterprise we have
whatever opinion others may have of such half-faced Historians I cannot conceive but that even the Cause of Protestancy which these Persons pretend so much to Patronize does extremely suffer by their manifest Partiality There is not any one particular which hath been Exaggerated with more vehemence then the Cruelty of the Rebels by Sir John Temple Dr. Borlase and others and doubtless their Cruelty was strange and barbarous but then on the other side there is not the least mention of any Cruelty exercised upon the Irish or of the hard measure they received from some of the Board in Ireland who were of the Parliamentarian Faction and Scottish Religion which rendred them desperate and made the Rebellion Universal they take no notice of the Severities of the Provost Martials nor of the Barbarism of the Soldiers to the Irish which was such that I have heard a Relation of my own who was a Captain in that Service Relate that no manner of Compassion or Discrimination was shewed either to Age or Sex but that the little Children were promiscuously Sufferers with the Guilty and that if any who had some grains of Compassion reprehended the Soldiers for this unchristian Inhumanity they would scoffingly reply Why Nits will be Lice and so would dispatch them And certainly as to acknowledge an undeniable Truth does in no manner Excuse the barbarous Cruelty of the Rebels so to deny or smother Matters of Fact so easily to be proved even by many Protestants still alive has given the Papists the advantage to bring into Question especially in Foreign Courts and Countries the truth of all those inhumane Cruelties which are charged upon them by such Writers as are found Guilty of such manifest Partiality It is most evident that the Lords Justices Parsons and Borlase did by their Authority Command many things which did not only Exasperate but render the Irish Desperate as will appear by several of their own Letters and publick Acts of State and that in the first Eruption of the Rebellion they had a greater Eye to the Forfeitures of the Rebels Estates then to use such means as might by the hopes of Pardon induce the better sort of the Nobility Gentry and Freeholders to hear Reason and to come in and submit themselves to His Majesties mercy though they had express direction from the King and the Two Houses so to do and it is no less notorious that Sir John Temple in writing his History was bound by Confederacy to assert the proceedings of the then Lords Justices and I cannot find him high in Reputation with the prevailing Usurpers of the Parliamentarian Faction and by them impowered as a Commissioner to impose upon the Protestant Subjects of Ireland that Traiterous Disloyal and Detestable Solemn League and Covenant which was a direct Oath of Confederacy not only against but purposely to Ruin and Destroy the King the Church and the Loyal Party I cannot observe his Book to be Printed in London by publick Allowance in the Year 1646 at a time when no Books were licensed but such as made Court to the prevailing Faction of the Usurpers or which might be helpful to support their Calumnies against His Majesty especially as to the Irish Rebellion I cannot find him decrying the Cessation of 1643 without too just a suspition of his Integrity and that his Biass was too strong to that Party to which he was a Confederate to expect from him an account of those Affairs without the apparent Guilt of prejudice and partiality The late Earl of Orrery cannot escape the like suspition with any Person that considers him Exercising the Talent of his Eloquence in perswading the notorious Rebel Cromwel to Establish his Usurpation by fixing the Royal Diadem the Imperial Crown of these Realms upon his infamous Head nor is it possible to look upon him as an impartial Writer who in the blackest of times rendred himself by his Services to the Usurper so notoriously Conspicuous to the Three Kingdoms being during that gloomy Scene of our Gracious Sovereign's Banishment Lord President of Munster in Ireland President of the Council of Scotland and in England a Lord of the other House in one of the Usurpers mock-Parliaments and to instance in another of his Titles thô not so Illustrious he was Agent for the Fanatiques Established by Cromwel in the Estates of the Irish who repenting of their folly had served His Majesty against the English Rebels at that time when he writ that Treatise which is so warmly answered by Peter Walch As for Dr. Borlase besides the nearness of his Relation to one of the Lords Justices and his being openly and avowedly a favourer of the Faction and the Men and Actions of those times he is an Author of such strange inconsistency that his Book is rather a Paradox then a History and it must needs be so for I know not by what accident the Copy of a Manuscript written by the Right Honorable the late Earl of Clarendon happening to fall into his hands he has very unartfully blended it with his own rough and unpolished heap of Matter so that his Book looks like a curious Imbroidery sowed with coarse thread upon a piece of Sackwebb And truly had he no other Crime but that of a Plagiary it is such a sort of Theft to steal the Child of anothers Brain that may very well render him suspected not to be overstockt with Honesty and Justice so necessary to the Reputation of an unblemished Historian but it is far more unpardonable to castrate the Lawful Issue of another Man's Pen and thereby disable it from propagating Truth and to teach it to speak a Language which the Parent never intended And yet this is the exact Case of Dr. Borlase's History in which he has taken great Pains to expunge some and alter many Passages which he thought were too poignant against his Favourites or spoke too much in Vindication of his late Majesty and his Ministers as in divers particulars hereafter the Reader will observe The World is threatned with a History from another hand which when ever it comes will lie under the same disadvantages with these former Authors and if it may be prejudged by a Specimen already made Publick it will not be very fortunate in the World nor fail of being Sifted and Exposed if it does deserve it by straying from the Road of Truth and leading the World into the Crooked Meanders of Erroneous Partiality And now having given an account how sensible I am of the mistakes and failings of those who have travailed before me in these Irish Transactions I am to acquaint the Reader that my Intention is to Winnow the truth out of their Writings but not to follow them further then good Authority concurring with them shall incourage me and that I have no intention to disclaim any thing in them but such things as are either mistaken or misrepresented in matter of Fact or Written with the strong bent of Partiality purposely
This Vote for a Grand Committee of the whole House for Irish affairs presently gave the Alarm to those Gentlemen of the House whose Friendship for the Earl made them Vigilant in attending the Motions of his Enemies whose Designs as well as hatred of him were not unknown to them Immediately they posted Letters down to him in the North where he was still with the Army advertising him of what was done in the House of Commons and the apprehension they had that a Storm was gathering which would shortly discharge it self upon him and leaving it to his deliberation whether to come up to the Parliament or not however they advised him if he did resolve to come that he should come prepared to impeach some of the Principal of his Enemies of a Confederacy with the Scots in their invading of England and thereby as the Duke of Buckingham had formerly treated the Earl of Bristol to crush their Accusations in the bud and disable them from his Prosecution by obliging them first to clear themselves But those who were his intimate Friends advised him either to continue with the Army over whom he had got a most powerful influence or to retire to Ireland which then also was intirely at his Devotion or lastly to take a retreat in some Eorreign Country till the Fury of the Storm was spent that from thence upon a favourable turn of his affairs he might be able to recover his Station and vindicate his Innocence they represented to him how impossible it would be for him to stand the shock of his Combined Adversaries of the Scottish Nation and Faction in both the Houses and that to run upon inevitable Ruin though it might speak Innocence and Courage yet among Wise men it would make his Judgment and Wisdom extreamly censured since the worst that could happen to him by retiring was to have Sentence passed upon him for non-appearance but that in recompence of that disadvantage and the seeming Loss of his Honour and Reputation he would certainly preserve his Life and Liberty and reserving himself for a better Destiny might as multitudes of Great Men have done before him not only recover his Glory and Integrity from under the present Eclipse but render his Reputation far more bright by coming from under the black Clouds of Calumny and Injustice Whereas should he adventure to stand the Test of Parliament he could expect little Mercy and less Justice from such of his Enemies who could not but resolve his Ruin to prevent their own and that if notwithstanding all his Integrity should Sentence of Condemnation pass upon him he should not only lose his Honor Life and Estate but endanger the present loss of his Fame if not the future too ignoble Minds being apt to judge the Condemned alwayes Criminal and that Posterity who may much more probably want those assistances to rescue a suffering Innocence from Injustice which even the Age wherein it was transacted was not sufficiently able to do will be apt to believe the Certainty of Fact which speaks a Guilt rather then the uncertainty of a Traditional Innocence though it has so happened to the Ashes of this Illustrious Innocent that the Guilt has by solemn Act of Parliament been obliterated and as he suffered by the Injustice of a Lex post nata so he had all the Reparation the Justice of a Posthumus Law could do his Memory But such was the high Courage of this Noble Earl who had much more of the Oak than the Willow about his Heart that all the Arguments and Remonstrances of his Friends were lost upon him To stay with the Army from whence he would assuredly if impeached be commanded or to retire to Ireland he judged would look too like Rebellion from which as he had the strongest aversion so it would give his Enemies some colourable foundation for a real Guilt and to take Sanctuary under the Protection of any Forreign Court was to abandon his Innocence and tacitly to confess himself a Criminal and would in the Opinion of the World make him appear guilty of all the Crimes his Accusers should lay to his Charge In the Confidence of his own Innocence and of the guilt of his Enemies of whose Confederacy with the Covenanters of Scotland he had as he thought got sufficient Evidence to Impeach several both of the Lords and Commons as guilty of an Invitation of the Scots to Invade England he takes Post for London intending as soon as he was arrived at the Parliament to present it to the House of Peers But his Enemies proved too diligent for him and knowing how great influence the first blow would have before he could accomplish his Intention they prevented him by an Impeachment as Quick as Unexpected for upon Wednesday the Eleventh of November Wednesday Novemb. 11. the Doors of the House of Commons being locked up and the Key brought up to the Table the Impeachment of the Earl was moved in the House and Messengers were sent to the Lords to desire a Conference concerning the Earl of Strafford and Mr. Pym Mr. Strode Mr. St. Johns Serjeant Grimston Lord Digby Committee to prepare a Charge against the Earl of Strafford Sir John Clotworthy Sir Walter Erle Mr. Hambden were appointed to be a Select Committee to prepare Matter for a Conference with the Lords and to draw up a Charge against the Earl of Strafford and in order to it to withdraw immediately into the Committee Chamber This retirement was only pro formâ for they had all the Charge ready and therefore they immediately returned and reported to the House a Charge against the Earl whereupon it was Resolved upon the Question That a Message be sent to the House of Lords to Impeach the Earl of Strafford Lord Lieutenant of Ireland of High Treason which Mr. Pym who by Command of the House carried it up and delivered in these Words My Lords THE Knights Citizens and Burgesses now Assembled in the Commons House in Parliament have received Informations of divers Trayterous Designs and Practices of a great Peer of this House and by virtue of a Command from them I do here in the Name of the Commons now Assembled in Parliament and in the Name of all the Commons of England accuse Thomas Earl of Strafford Lord Lieutenant of Ireland of High Treason and they have Commanded me further to desire your Lordships that he may be Sequestred from Parliament and forthwith Committed to Prison They have further Commanded me to let you know That they will within a very few dayes resort to your Lordships with the particular Articles and Grounds of this Accusation The Earl then being commanded to withdraw it was put to the Question by the Lords Whether He should be Imprisoned upon a general Accusation of Treason and being carried in the affirmative he was called in kneeling at the Barr and afterwards standing up the Lord Keeper by Command of the House spake to him as followeth MY Lord of
of his Throne against the Common-wealth by destroying the principles of Safety and Prosperity Other Treasons are against the Rule of the Law this is against the being of the Law It is the Law that unites the King and his People and the Author of this Treason hath endeavoured to dissolve that Vnion even to break the mutual irreversal indissoluble band of Protection and Allegiance whereby they are and I hope ever will be bound together If this Treason had taken effect our Souls had been inthralled to the Spiritual Tyranny of Sathan our Consciences to the Ecclesiastical Tyranny of the Pope our Lives our Persons and Estates to the Civil Tyranny of an Arbitrary unlimited confused Government Treason in the least degree is an odious and a horrid Crime other Treasons are particular if a Fort be betrayed or an Army or any other Treasonable fact committed the Kingdom may out-live any of these this Treason would have dissolved the frame and being of the Common-wealth it is an Vniversal a Catholick Treason the venom and malignity of all other Treasons are abstracted digested sublimated into this The Law of this Kingdom makes the King to be the Fountain of Justice of Peace of Protection therefore we say the Kings Courts the Kings Judges the Kings Laws The Royal Power and Majesty shines upon us in every publick blessing and benefit we enjoy but the Author of this Treason would make him the Fountain of Injustice of Confusion of publick misery and calamity The Gentiles by the light of Nature had some obscure apprehensions of the Deity of which they made this expression that he was Deus optimus maximus and infinite goodness and an insinite greatness All Soveraign Princes have some Characters of Divinity imprinted on them they are set up in their Dominions to be Optimi Maximi that they should exercise a goodness proportionable to their greatness That Law term Laesa Majestas whereby they express that which we call Treason was never more thorowly fulfilled then now there cannot be a greater laesion or diminution of Majestie then to bereave a King of the glory of his goodness It is goodness My Lords that can produce not onely to his People but likewise to himself Honour and Happiness There are Principalities Thrones and Dominions amongst the Devils greatness enough but being uncapable of Goodness they are made uncapable both of Honour and Happiness The Lawes of this Kingdom have invested the Royal Crown with Power sufficient for the manifestation of his Goodness and of his Greatness if more be required it is like to have no other Effects but Poverty Weakness and Misery whereof of late we have had very woful Experience It is far from the Commons to desire any abridgment of those great Prerogatives which belong to the King they know that their own Liberty and Peace are preserved and secured by his Prerogative and they will alwayes be ready to Support and Supply his Majesty with their Lives and Fortunes for the maintenance of his Just and Lawful Power This My Lords is in all our Thoughts in our Prayers and I hope will be so manifested in our Endeavours that if the Proceedings of this Parliament be not interrupted as others have been the King may within a few Moneths be put into a clear way of as much Greatness Plenty and Glory as any of his Royal Ancestors have enjoyed A King and his People make one Body the Inferiour Parts confer Nourishment and Strength the Superiour Sense and Motion If there be an interruption of this necessary intercourse of blood and spirits the whole Body must needs be subject to decay and distemper therefore Obstructions are first to be removed before Restoratives can be applyed This My Lord is the end of this Accusation whereby the Commons seek to remove this Person whom they conceive to have been a great cause of the Obstructions betwixt his Majesty and his People for the Effecting whereof they have Commanded me to desire your Lordships that their Proceedings against him may be put into as speedy a way of dispatch as the Courses of Parliament will allow First That he may be called to answer and they may have liberty to Reply That there may be a quick and secret examination of Witnesses and they may from time to time be acquainted with the Depositions that so when the Cause shall be ripe for Judgment they may collect the several Examinations and represent to your Lordships in one entire Body the state of the Proofs as now by me they have presented to your the state of the Charge Of which Mr. Pym having given an account to the House had the Thanks of the House returned for his well delivery of the Charge against the Earl of Strafford After this Impeachment was Read Earl of Strafford sent to the Tower the Earl was sent for to the House of Lords and acquainted with the Order of their Lordships for his Commitment to the Tower upon which occasion he made a most Moving and Eloquent Speech but I have not been able to retrieve it the Journal where it is Entred being according to an Act of Parliament after the Restauration of King Charles the Second wholly obliterated The Earl being thus Committed Friday Nov. 27. he Petitioned the Lords to have Counsel assigned him which was allowed and Mr. Richard Lane the Prince's Attorney Mr. Recorder of London Mr. Jo. Lightfoot Mr. Hugh Windham Serjeant Rolles Mr. Platt and Mr. Geo. Love were appointed to be his Counsel Upon the 30 of November a Conference was between a Committee of the Two Houses concerning the Examination of Witnesses and other things preparatory to the Trial of the Earl Monday Novemb. 30. where the Lords agreed That such Members of the House of Commons as they shall appoint shall be present at the Examination of Witnesses and the Lords who were appointed to take the Examination of the Witnesses were Earl of Bath Earl of Bedford Earl of Hartford Earl of Essex Lord Wharton Lord Kimbolton Lord Brook Lord Roberts Lord Savile Thursday Dec. 3. Committee to Examine Evidence an Oath of Secrecy administred Lord Viscount Say and Seal who were impowered to give an Oath to the Attendants Witnesses and the Commons who were to be present of Secresie till the publication of the Evidence The Commoners chosen by their House to be present at this Examination were Mr. Selden Mr. Dutton Mr. Crew Sir Peter Hayman Mr. Grimston Commons to be present at the Examination their Protestation Sir Henry Anderson Sir Nevil Pool Sir Tho. Barrington who were all required to declare That by their Duty they owe to this House they are obliged to keep all those Examinations secret who accordingly did every one make an open protestation that they would The Earl also Petitioned to be heard at the time of the preparatory Examinations but was denied Among the Rest of the Witnesses Examined against the Earl Sir David Fowles was one who at the same
the now Lord Chancellor and the Chief Justice of the Common-Pleas upon the Proofs in the Chancery decreed for the Plaintiff to which he refers himself and it may be the Lord Mountnorris was thereupon put out of his Possession To the Seventh he saith His Majesty being Intituled to divers Lands Lord Dillon his Patent questioned upon an Inquisition found Proclamation was made That such as Claimed by Patent should come in by a day and have their Patents allowed as if they had been found in the Inquisition and accordingly divers were allowed The Lord Dillon produced His Patent which being questionable he consented and desired that a Case might be drawn which was drawn by Counsel and argued and the Judges delivered their Opinions but the Lord Dillon nor any other were bound thereby or put out of Possession but might have traversed the Office or otherwise legally have proceeded that Case or Opinion notwithstanding To the Eighth he saith That upon Sir John Gifford's Petition to the King The Lord Loftus close Prisoner not delivering the Great Seal His Majesty referred it to the Deputy and Council of Ireland where the matter proceeding legally to a Decree against the Lord Loftus and upon his Appeal that Decree by his Majesty and his Council of England was confirmed to which Decree and Order he refers himself believing the Lord Loftus was committed for disobeying that Decree and for continuance in contempt committed close Prisoner He saith That the Lord Loftus having committed divers Contempts the Council by Warrant required him to appear at the Board and to bring the Great Seal with him which Order he disobeyed and was shortly after Committed and the Great Seal was delivered up by his Majesties express Command and not otherwise And an Information was exhibited in the Star-Chamber for grievous Oppressions done by the Lord Loftus as Chancellor whereof he was so far from justifying as that he submitted desiring to be an Object of his Majesties Mercy and not of his Justice The Earl of Kildare for not performing of an Award made by King James The Earl of Kildare Committed and of an Award made in pursuance thereof by the said Earl of Strafford upon a Reference from His Majesty was by the Deputy and Council Committed and a Letter being unduly obtained he did not thereupon enlarge him but upon another Letter and submission to the Orders as by the King was directed he was enlarged The Lady Hibbots and one Hoy her Son having upon a Petition Answer Examination of Witnesses and other Proceedings at Council-Board been found to have committed foul abuses by Fraud and Circumvention to have made a Bargain with the Petitioner Hibbots for Lands of a great value for a small sum of Money was Ordered to deliver up the Writing no Assurances being perfected or Money paid and it 's like he threatned her with Commitment if she obeyed not that Order but denieth that the Lands were after sold to Sir Robert Meredith to his use or that by any Order by himself made any one hath been Imprisoned concerning Freeholds but for debts and personal things as some have been used by all his Predecessors in like Causes To the Ninth he saith Warrants to such Effects have been usually granted to the Bishops in Ireland in the times of all former Deputies but the Earl not satisfied with the conveniency thereof refused to give any such Warrants in general to the Bishops as had been formerly done but being informed that divers in the Diocess of Down gave not fitting Obedience he granted a Warrant to that Bishop whereto he referreth which was the only Warrant he granted of that Nature and hearing of some Complaints of the Execution thereof he recalled it To the Tenth he saith The Lord Treasurer Portland offered the Farm of the Customs for 13000 l. per annum in some particular Species but the Earl of Strafford advanced the same Customs to 15500 l. per annum and 8000 l. Fine and by His Majesties Command became a Farmer at those Rates proposed without addition to those Rates as by the printed Books 7 Car. Regis may appear he disswaded the advance of Rates lately proposed by Sir Abraham Dawes so as it was declined the Rates of Hydes and Wooll are moderate consideration being had of their true value and of the Places whereto they are to be transported and of the Statute made in the time of Queen Elizabeth and there in force prohibiting the Exportation of Wooll unless they pay to the Crown 5 s. the Stone the Trade and Shipping of that Kingdom are exceedingly increased To the Eleventh he saith Pipe-staves were prohibited in King James's Time and not Exported but by Licence from the Lord Treasurer of England or Lord-Deputy of Ireland who had 6 s. 8 d. a 1000 and his Secretary 3 s. 4 d. for the Licence but to restrain that destruction of Timber by Command of His Majesty and Advice of His Council for His Revenue in Ireland first 30 s. then 3 l. the money was paid to His Majesty who hath thereby about 1500 l. per annum and his Lordship lost about 4 or 500 l. per annum which his Predecessors had for such Licences This is paid by the Transporter not by the Natives whose Commodity nevertheless appears by the Article to be very much increased To the Twelfth he saith The Subsidies there are an Inheritance in the Crown by Act of Parliament 6 d. was paid for Subsidy and 1 s. 6. d. for Impost upon every pound of Tobacco and Farmed 10 or 20 l. per annum the Commons in Parliament 10 Car. Regis finding the Revenue to be short of the Expence of that Kingdom 24000 l. per annum Petitioned those Grants might be applied to increase His Majesties Revenue without calling upon the Subject but upon urgent Occasions Hereupon upon the Advice of the Committee of the Revenue and in consideration of a Proclamation made in England several Proclamations were made and this settled in a way till it could be confirmed by Parliament for which purpose a Bill is transmitted according to the desire of the Commons and the Impost of Tobacco is Let to Contractors for eleven years at 5000 l. per annum for the first five years and 10000 l. per annum for the other six years and the Earl hath lent money to forward the business and by His Majesties Allowance is a Partner but hath not as yet in two years last past had any Accompts thereof or made benefit thereby He knoweth of no whipping or other punishment the Farmes of the Customs are better than formerly 2000 l. per annum five 8 parts whereof is yearly paid unto His Majesty the prices of Tobacco exceed not 2 s. or 2 s. 4 d. the pound the settling of that Revenue according to the Petition of the Commons he hath not raised or countenanced any Monopolies but opposed the same To the Thirteenth he saith He endeavoured to advance the Manufacture of
Answer to this Article and to the same Letters the said Earl referreth himself The said Earl upon sight of this and Sir Jacob Ashley's Letter had reason to believe that all fitting preparation was made and then understanding that if the Scotish Army should pass the River not only New-Castle altogether Unfortified on the South part would be lost but the said Army of 11000 Foot and 2000 Horse endangered and hearing that the Scotish Army were distressed for want of Victuals and knowing the advantage that was in opposing the passage of such a River Hereupon the said Earl by a Letter dated the 27th of August advised the Lord Conway with all the Horse and at least 8000 Foot and all the Cannon to March and Fight with them upon the passage of the River at which time the said Earl had no Charge of the Army but the truth is the Lord Conway having not with him all the Horse and not above 1500 Foot and only some part of the Cannon was in a posture to fight for the passage before the said Letter of advice came which he received not half an hour before the Fight began and proceeded according to his own judgment and His Majesties said general Direction and afterwards that is about the 30th of August and not before the said Earl took upon him the Charge of the Army at Darlington and brought it to York to be supplied with Necessaries that they wanted and purposed to have staid where they were quartered But hearing from many hands that there was a purpose to question him in Parliament and His Majesty having given him Liberty of staying there or coming away he left the Charge of the Army with the Lord Conway and other Officers as His Majesty had directed and came to London on Monday the 9th and the 11th of November was put under Restraint and so hath ever since remained And saith That the Town of New-Castle was no way under his Care and as to other matters whereto by Law he ought to answer and hath not answered he saith He is not Guilty of them or any of them in such manner and form as in the said Article is expressed and humbly prayeth a convenient time for making his Proofs and to justifie and maintain his Actions in Ireland by sight of His Majesties Warrants Records and Witnesses in that Kingdom and that if any mistake be in this Answer it may be amended And this the said Earl hopeth that upon equal Construction of his Words and Actions he shall appear free from any great and hainous Offences wherewith he is Charged and howsoever it shall please God to dispose of him he shall ever pray that by their Lordships great Wisdoms and Prudence the Affections of His Majesty and Duty of His Subjects may this Parliament be so surely knit together as may by God's blessing lastingly tend to the Prosperity and Flourishing Estate both of King and People Mr. Whitlock was Ordered to go to the Lords with this Message Saturday March 6. That the House of Commons have considered of the Earl of Strafford's Answer and do aver their Charge of High Treason against him and that he is guilty in such manner and form as he stands Accused and Impeached and that the House will be ready to prove their Charge against him at such convenient time as their Lordships shall prefix and intend to manage the Evidence by Members of their own After many Debates and Conferences preparatory to the place and manner of the Trial between the Two Houses Saturday March 13. they came to these Determinations First Determinations between the Lords and Commons about the Earl of Strafford's Trial. As to the Place it was agreed That it should be Westminster-Hall and the King to be made acquainted with it by the Lord Great Chamberlain Secondly For Persons the Lords agreed That the House of Commons should be present as a Committee of the whole House for this time with a Salvo jure to the Lords House either according to Law or Parliamentary proceedings and that this shall not be drawn into President hereafter on either side Thirdly For the Members of the House of Commons managing the Evidence the Lords granted it wholly Fourthly For the Earl's Councel That they should not speak nor interrupt the matter of the House of Commons until all the Evidence is finished That they shall not stand at the Barr but in some other convenient place where they may hear That they may speak to matter of Law only and not to matter of Fact and not unless the Lords shall think fitting and give permission Upon Monday Monday March 15. the King having been made acquainted with these Resolutions of the Two Houses was pleased to assent unto them and to appoint Monday the 22. of March 9. of the Clock for the Time of the Trial and accordingly the necessary preparations for the Tragical Solemnity were provided and the Earl had Notice of the Time and Place to prepare himself The Commons ordered the affair of the Trial in this manner Saturday March 20. First That the Members of their House shall sit together without any intermixture of others in the place prepared for them Secondly That the Members shall not meet at their House on Munday but come directly to the place of Trial. Thirdly That for the better ordering of the Business the Committee with the addition of Mr. Peard shall be at the several Doors by Six of the Clock and shall admit none into the place prepared for the Commons but such as shall bring Tickets of their Names and the Places for which they serve and no Members to be admitted till the Committee appointed to attend the Doors be come if any either Stranger or Member Offend this Order the Committee to report it to the House all the Members to be there by 8. of the Clock Fourthly That the Serjeant at Arms shall attend within the Court and his Men without to be imployed in such Service as they who manage the Evidence shall appoint Those who were appointed by the Commons to Manage the Evidence against the Earl were George Lord Digby John Hampden Esq John Pym Esq Oliver St. The Managers of the Evidence against the Earl of Strafford John Esq Sir Walter Erle Knight Jeoffry Palmer Esq John Maynard Esq John Glyn Esq In the Hall there was a Throne Erected for His Majesty On each side whereof was a Cabinet inclosed with Boards and before with Arras Before that were the Seats for the Lords and Woolsacks for the Judges below ten degrees of Seats extending further than the Middle of the Hall for the Gentlemen of the House of Commons at the End of all was a Desk closed about and set apart for the Earl and his Councel The Theatre being thus prepared whereupon this Noble Earl was to act his Tragedy Upon Munday March the 22. the Trial began Munday March 22. About 7. of the Clock in the Morning the
and Goodness My Lords they are the Beauty of the Soul they are the Perfection of all created Natures they are the Image and Character of God upon the Creatures This Beauty Evil Spirits and Evil Men have lost but yet there are none so wicked but they desire to march under the shew and shadow of it though they hate the reality of it This unhappy Earl now the Object of your Lordships Justice hath taken as much care hath used as much cunning to set a face and countenance of Honesty and Justice upon his Actions as he hath been negligent to observe the Rules of Honesty in the Performance of all these Actions My Lords it is the greatest baseness of Wickedness that it dares not look in his own Colours nor be seen in its natural Countenance But Virtue as it is amiable in all respects so the least is not this That it puts a Nobleness it puts a Bravery upon the Mind and lifts it above Hopes and Fears above Favour and Displeasure it makes it always uniform and constant to it self The Service Commanded me and my Colleagues here is to take off those Vizards of Truth and Vprightness which hath been sought to be put upon this Cause and to shew you his Actions and his Intentions in their own natural Blackness and Deformity My Lords He hath put on a Vizard of Truth in these words wherein he says That he should be in his Defence more careful to observe Truth than to gain Advantage to himself He says He would endure any thing rather than be saved by Falshood It was a noble and brave Expression if it were really true My Lords He hath likewise put on the Vizard of Goodness on his Actions when he desires to recite his Services in a great many Particulars as if they were Beneficial to the Common-wealth and State whereas we shall prove them Mischievous and Dangerous It is left upon me My Lords to take off these Vizards and Appearances of Truth and Goodness in that part of his Answer which is the Preamble And that I shall do with as much Faithfulness and Brevity as I can 1. The First thing My Lords that I shall observe in the Preamble is this That having recited all those great and honourable Offices which he hath done under his Majesty he is bold to affirm That he hath been Careful and Faithful in the Execution of them all My Lords If he might be his own Witness and his own Judge I doubt not but he would be Acquitted It is said in the Proverbs of the Adulterous Woman That she wipes her mouth and says she had done no Evil. Here is a wiping of the mouth here is a verbal expression of Honesty But My Lords the foulness and unjustness will never be wiped off neither from his Heart nor from his Actions I mean for the time past God may change him for the time to come That is the first thing I observe 2. My Lords In the second place out of his Apologetical Preamble I shall observe this He doth magnifie his own Endeavours in five particulars 1. That he hath Endeavoured the maintenance of Religion I may miss in words I shall not miss in sense 2. That he hath Endeavoured the Honour of the King 3. The Encrease of his Revenue 4. The Peace and Honour and Safety of the Kingdom 5. The Quiet and Peace of the People These are his five particulars and I shall give a short Answer to every one of them 1. For Religion My Lords we say and we shall prove that he hath been diligent indeed to favour Innovations to favour Superstitions to favour the Incroachments and Vsurpations of the Clergy But for Religion it never received any advantage by him nay a great deal of hurt 2. For the Honour of the King My Lords We say it is the Honour of the King that He is the Father of His People that He is the Fountain of Justice and it cannot stand with His Honour and Justice to have His Government Stain'd and Polluted with Tyranny and Oppression 3. For the Encrease of His Revenue It is true there may be some Addition of Sums but we say There is no Addition of Strength nor Wealth because in those parts where it hath been increased this Earl hath taken the greatest share himself And when he hath spoiled and ravined on the People he hath been content to yield up some part to the King that he might with more security enjoy the rest 4. For the Strength and Honour and Safety of the Kingdom My Lords In a time of Peace he hath let in upon us the Calamities of War Weakness Shame and Confusion 5. And for the Quiet of the Subjects he hath been an Incendiary he hath Armed us amongst our selves and made us weak and naked to all the World besides This is that I shall answer to the second Head of his Apology 3. The Third is this My Lords That by his means many good and wholesome Laws have been made since his Government in Ireland Truly My Lords if we should consider the particulars of these Laws some of them will not be found without great Exception But I shall make another Answer good Laws nay the best Laws are no advantage when Will is set above Law when the Laws have force to bind and restrain the Subject but no force to Relieve and Comfort him 4. He says in the Fourth place He was a means of calling a Parliament not long after he came to his Government My Lords Parliaments without Parliamentary Liberties are but a fair and plausible way into Bondage That Parliament had not the Liberties of a Parliament Sir Pierce Crosby for speaking against a Bill in the Commons House was sequestred from the Council-Table and Committed to Prison Sir John Clotworthy for the same Cause was threatned that he should lose a Lease that he had Mr. Barnewell and two other Gentlemen were threatned they should have Troops of Horse put upon them for speaking in the House Proxies by dozens were given by some of his Favourites And My Lords Parliaments coming in with these Circumstances they be Grievances Mischiefs and Miseries no works of Thanks or Honour 5. The Fifth is That he hath been a means to put off Monopolies and other Projects that would have been Grievous and Burdensome to the Subjects if he had hated the Injustice of a Monopoly or the Mischief of a Monopoly he would have hated it in himself he himself would have been no Monopolist Certainly My Lords It was not the love of Justice nor the Common Good that moved him And if he were moved by any thing else he had his Reward It may be it was because he would have no man gripe them in the Kingdom but himself his own Harvest-Crop would have been less if he had had sharers It may be it was because Monopolies hinder Trade he had the Customs and the benefit of the Customs would have been less when we know the
Behaviour and Eloquence between the Extremes of Baseness and Dejection and the vanity of Disdain or Ostentation as raised an admiration of him even in his very Enemies The first Witness that was produced was Sir Pierce Crosby Witnesses Sir Pierce Crosby set aside for the present against whom the Earl excepted as having been sentenced in the Star-Chamber in Ireland for Conspiring to take away his Life for breaking Prison and making his Escape from which Circumstances it was probable he might be Transported by the desire of private revenge beyond the bounds of Truth and Publick Justice so that for the present he was set aside Then Sir John Clotworthy was sworn Sir John Clotworthy all that he deposed was that Sir George Radcliff being a teller of the No's in a Vote of Parliament to which he had given his Negative contrary to the Mind of the Earl who had a desire the Bill should pass Sir George asked him if he had not a Lease in such a place to which he answering yes Sir George replyed remember that That as to Sir Pierce Crosby's imprisonment he did apprehend it was for giving his Vote contrary to the Lord Lieutenant's mind for that he heard Sir George say to him after he had Voted this is not Privy Counsellor like or to that Effect The Lord Ranulagh deposed that Sir Pierce Crosby was by the Opinion of the Board sequestred from the Privy-Council for Voting against a Bill transmitted by the Lord Deputy and Council to the Parliament Lord Ranulagh The Lord Mountnorris deposed to the same Effect Lord Mountnorris and that he was Sequestred from the Council by the Voices of the Board among which the Earl gave his Mr Nicholas Barnwell deposed that for his differing in Opinion in the Parliament from Sir George Radcliff Nic. Barnwell Sir George asked him if his House would hold 500 Men to which he smiling answered you know how many my house will hold whereupon Sir George replyed it was no laughing matter and that he should have 500 men laid upon him but this upon the Earl's Question he said was spoken when the Earl was out of the Kingdom upon which Mr. Pym made this prity Observation That the Spirit of my Lord Strafford could move in Sir George Radcliff wheresoever it was spoken as if a man could commit Treason had it been such by his Proxie The next thing was about oppressing the Subjects of Ireland Mr. Egor a Witness and particularly the City of Dublin by quartering Soldiers upon them to which Mr. Egor was sworn deposed that the City of Dublin is put to 55 l. per mensem for billetting of Horse which the Earl avoided by the Practice of his Predecessors in the like Case which the Witness confessed as to Foot Guards The Managers then desired the Remonstrance from Ireland might be read which the Earl opposed as being New matter and not in the Charge but come over since his Impeachment to which they replyed that the Subverting of Laws and Corruption of Government was in general laid and they produce this to prove his answer Untrue as to his Integrity in the Administration whereupon the Lord Baltinglass and Lord Digby of Ireland vouching the Truth of the Copy it was read in haec Verba To the Right Honourable the Lord-Deputy The Humble and just Remonstrance of the Knights Citizens and Burgesses of the Parliament Assembled Shewing THat in all Ages since the happy Subjection of this Kingdom to the Imperial Crown of England The Irish Remonstrance it was and is a Principal Study and Princely Care of his Majesty and His Noble Progenitors Kings and Queens of England and Ireland to the vast Expence of Treasure and Blood that their Loyal and Dutiful people of this Land of Ireland being now for the most part derived from British Ancestors should be Governed according to the Municipal and Fundamental Laws of England that the Statute of Magna Charta or the Great Charter of the Liberties of England and other Laudable Laws and Statutes were in several Parliaments here Enacted and Declared That by the means thereof and of the most Prudent and Benign Government of His Majesty and His Royal Progenitors this Kingdom was until of late in its growth a Flourishing Estate whereby the said people were heretofore enabled to answer their humble and natural desires to comply with His Majesties Princely and Royal Occasions by their free Gift of 150 Thousand Pounds Sterling and likewise by another free Gift of 120 Thousand Pounds more during the Government of the Lord Viscount Faulkland and after by the Gift of 40 Thousand Pounds and their free and chearful Gift of Six entire Subsidies in the 10th Year of His Majesties Reign which to comply with His Majesties then Occasions signified to the then House of Commons They did allow should amount in the Collections unto 250 Thousand Pounds although as they confidently believe if the Subsidies had been levied in a moderate Parliamentary way they would not have amounted to much more than half the Sum aforesaid besides the four intire Subsidies granted in this present Parliament So it is May it please Your Lordship by the occasion of the insuing and other Grievances and Innovations though to His Majesty no considerable Profit this Kingdom is reduced to that extream and universal Poverty that the same is less able to pay Subsidies than it was heretofore to satisfie all the before recited great Payments And His Majesties most Faithful people of the Land do conceive great fears that the said Grievances and Consequences thereof may be hereafter drawn into Presidents to be perpetuated upon their Posterity which in their great Hopes and strong Beliefs they are perswaded is contrary to His Royal and Princely intention towards His said people some of which said Grievances are as followeth 1. The general apparent decay of Trades occasioned by the new and illegal raising of the Book of Rates and Impositions upon Native and other Commodities Exported and Imported by reason whereof and of extream Vsage and Censures Merchants are beggered and both disinabled and discouraged to Trade and some of the honourable Persons who gain thereby are often Judges and Parties and that in the conclusion His Majesties Profit thereby is not considerably advanced 2. The Arbitrary decision of all civil Causes and Controversies by Paper Petitions before the Lord Lieutenant and the Lord Deputy and infinite other Judicatories upon reference from them derived in the nature of all Actions determinable at the Common Law not limited into certain time cause season or thing whatsoever And the consequences of such proceedings by receiving immoderate and unlawful Fees by Secretaries Clerks Pursevants Serjeants at Arms and otherwise by which kind of Proceedings His Majesty loseth a considerable part of his Revenue upon Original Writs and otherwise and the Subject loseth the benefit of his Writ of Error Bill of Reversal Vouchers and other Legal and just Advantages and
single Testimony that on the matter confesses the thing in a great part For the increase of Shipping the Gentleman question'd it not Increase of Shipping and really there is now 100 Tun for one that was there before my coming And if I had time to send into Ireland for the Certificates of the Officer of the Ports the Surveyor I think who views the Ports once a Year it should appear to Your Lordships that I have not abused you nor the Honourable Gentlemen that hear me And whether that be an Argument that the Trade and Wealth of the Kingdom is improved I appeal to all that hear me when the Shipping doth so much increase And the Customs which were not above 13000 l. a year are come to 40000 l. and that on the same Book of Rates Concerning the Sentencing of Jurors Jurors Sentence in the Star-Chamber and the questioning of them in the Star-Chamber It is true divers of their Sentences were past And to those Sentences I refer my self till something be proved against the Truth and Justice of them And I think it will stand with Your Lordships Goodness to judge the best of the Court of Castle-Chamber wherein the Deputy hath but one Voice They being the King's Ministers and standing upon their Oathes to do their Duties But I think in my Conscience there was the greatest reason in the World to sentence those Persons And when it comes to be examined it will prove so And unless a strict hand be in that kind held upon the Natives the Priests shall carry them against all things that can be For either they do not or will not understand their Evidence so that it begets one of the most crying Sins in Ireland And if some Examples have been made they are upon strict Grounds and Reasons of State For if Jurors going directly and manifestly contrary to their Evidence be not punished that high and ancient Trial by Jury will fall And is it not ordinary in England to have Juries Sentenced for not finding according to the Evidence But if any one hath not been Just upon instancing of the particulars I will Answer for his Vote as well as I can For it must stand or fall according to the Merit of the Cause But one thing which I observe the Gentleman to say is very Considerable for he tells what was spent there this last Year This I have little to Answer for For when I came out of Ireland there was 100000 l. in the exchequer and how it hath been issued I know not but it hath not been done by my Warrant or Direction yet I doubt not but it will appear when examined that it hath been faithfully and justly disposed But I am not to Answer for it only I can say That when I came out of that Kingdom the Kingdom was so far from being 60000 l. in Debt as some such thing was spoken that there was 100000 l. in the King's Coffers And for the 50000 l. received by me in England Mr. Vice-Treasurer in Ireland is Accomptable for it though Mr. Vice-Treasurer never touched the money and my self as little And Mr. Vice-Treasurer discharges himself of it by Warrants issued from me and charged it upon other Accomptants who when they come to Account I doubt not but a good Account will be given Though under favour of the Gentleman of the 50000 l. 14000 l. is yet unpaid only there is an Assignment But it lies on him and his Credit for discharge of the Kings Service And it must lye on him or on some other person if himself have nothing left him And whereas it is said the money I had as borrowed was taken out when the King's Army was in want I desire Your Lordships to observe It was two Years ago when I had this money and then there was 100000 l. in Surplusage And though the King gave me Liberty of His Goodness to use it three Years it was not wanting to the Army when it stood in need of it The next thing urged was my Cozenage in the Custom-house and that I had there Cozened the King notably 5 or 6000 l. a year deep To Answer this I reserve my self till I come to the particular Article but desire leave with all Modesty to say That it shall appear I have not Cozened nor deceitfully abused His Majesty for a Farthing Token neither in that nor in any thing else And that there is no other Allowance nor Defalcation by the Grant wherein I am Interessed for 15600 l. a year and 8000 l. Fine then was allowed to the former Farmers that had it at the Rent of 13000 l. a year And that I have made the King a much more profitable bargain than he had or could have without it The next was for the Revenues of the Church That they were got without Rules of Justice And were an Offering of Rapine And that I had an Eye to my own Preferment in the Person of my Lord of Canterbury To that I have already Answered And thus having run over all the Preamble I humbly begg leave to make some Observations upon the Testimonies produced viz. That the Examinations of Sir John Clotworthy and my Lord Ranulagh I conceive do not concern me Mr. Barnewells was for things spoken when I was out of the Kingdom and were concerning Sir George Rateliffe and not me For the Remonstrances shewed wherein they disclaim the Preamble to the Act for four Subsidies I beseech Your Lordships to consider how unlikely it is that I should do any thing in that kinde fraudulently or surreptitiously For by the Custom of that Kingdom the Laws must be transmitted hither under the Hand of the Deputy and Council and so pass the Seal and be returned to Ireland when that Law was transmitted I was here in England as I take it And absolutely and directly I protest I never knew any thing in the World of that Preamble never saw it nor heard of it I think till I saw it in the Copy of the Remonstrance I never heard it was excepted against it having pass'd the Vote and three times reading in both Houses And I would have consented to have it struck out as in truth I will now being far from any thing of vanity and not thinking my self better or worse by being put in or out And if it were charged upon me as a Crime or were material for me to prove it I think I could by Witness in Town prove That it was the general Vote of the Commons House and passed with as much Applause and Chearfulness as any thing And if my Lord Dillon and Sir Adam Loftus and some other of the Irish Commissioners were examined upon Oath I believe they would Swear they never heard any Exceptions against it till the time I was Impeached with High Treason For the Particular concerning Sir Pierce Crosby it concerned not me but the reason of his being put from the Board was this All Laws must first be transmitted
Haman when he would in one day cut off all the Jewish Nation and have the King intend a Favour to him The King propounds a question What shall be done to the man whom the King will Honour Haman thought in his heart Whom will the King Honour but my self And so my Lord of Strafford having raised this Army it was set up by him and if such a Counsel as this was entertained into whose hands should it be put here were Haman 's thoughts who should have the Power of it but he that hath inspired it and since maintained it Truly My Lords it was a desperate Counsel and methinks the Counsel of Achitophel might have been compared to it for when he had stirred up the Rebellion of Absolom against his Father he perswades Absolom to that which might breed an irreconcilable hatred between them Yet a Father and a Son might be reconciled But he that adheres to the Son in this case might not so easily forgive Therefore this Lord falls upon a Counsel which he thought would never be forgiven A Counsel of irreconcilable difference to subdue us by Force and Power and takes away all possibility of Addressing our Complaints to the King as he had done from those of Ireland when he not only forestalls their Complaints but by a Proclamation takes order that none should come over too without his Licence which was in effect that none should complain of his Oppression without his good liking Some violent Speeches he uses suitable to these Counsels That no good would be done upon the Aldermen till they were hanged That the French King employed Commissaries to looke into mens Estates which will be insisted upon in their proper place Next he levied eight pence a day for maintenance of the Trained-Soldiers against the Will of the Country which he said was done by the consent of the Lords of the great Councel which we know is untrue And we shall prove it untrue in the other part where he says it was done freely by consent of the Gentlemen of the Country Most of them that did consent were his own Friends and Papists But the Petition of the Country as to that part of it that concerns a Parliament he rejected because he would have no Parliament And he prefers another in the name of the Country and that he calls The Petition of the Country And now I shall apply my self to the proofs and shall take care to offer nothing but what will fall out to be proved And shall first apply my self to the first Article concerning the Commission for the North parts where an Arbitrary Power was thereby granted as is used in the Star-Chamber and Chancery In the opening of it first we shall produce the Commission of 8 Car. and that of 13 differs but little from it We shall shew that these Clauses were procured by him to be inferted upon occasion of a Gentlemans Sir Thomas Gore being Fined in the Court of Star-Chamber there and his being Arrested by a Warrant from my Lord Wentworth here in London We do not go about to prove that he solicited for this Commission but that he expressed his desire of it and upon that it was granted We shall prove that it was executed in this high manner that when Prohibitions have been taken out he hath punished the parties some he hath threatned Nay Money hath been given to those that were Defendants in the Prohibition And we shall offer this too The Judge is dead before whom it was but upon occasion of a Prohibition he went to a Judge a Reverend and Just man Mr. Justice Hutton what was said privately between them we cannot tell but we shall prove that Mr. Justice Hutton complained with Tears in his Eyes how that Lord used him about a Prohibition And so we shall leave this Article with this We shall not go about to prove Decrees for which he might have Colour but for these Clauses he could have no Colour they never being in any Commission before Then the first Article of the Charge was read to which the Reader for avoiding Repetition is referred The Commission granted 21 March 8 Car. to act according to Course of Star-Chamber was read and they insisted upon the 19th Article where it was provided Fines imposed should not be less than those by Act of Parliament upon Article 23. for Injunctions to stay proceedings in any Court at Common Law Article 28. for the Power of the Serjeant at Arms to attach in any place in the Realm of England 29 Article That no Prohibitions should lie in the Courts at Westminster To these John Gower deposed John Gower That his Father was Arrested in London appealed to the Council pleaded the Precincts of the Court did not Extend so far that the Earl fell on his Knees and besought the King That if his Instructions would not reach to bring in a Delinquent that should step over the Water he might leave the Service Evers Gort and lay his Bones in his own Cottage Evers Gore swore to the same effect John Musgrave deposed a Prohibition in the Case of Musgrave and Vaux John Musgrave which the Lord President said he would not obey F. Thorp deposed That my Lord told him he was one that opposed him F. Thorp that he should hereafter hear further from him That his Lordship put him out of the Commission of the Peace but he could not say he punished him for the Prohibition That he durst not move for any Prohibitions knowing well the price of my Lord Strafford 's displeasure That for saying in the Traverse of an Indictment That the bare Indictment was no Evidence to the Petit Jury and that he appealed to the Judges he was sent for by a Pursevant and that my Lord told him he would teach him to know there were other men for him to complain to viz. the President and Council That for this opposing the Jurisdiction of the Court at York he was bound to the Behaviour and forced to make submission at the Sessions Then my Lord was called upon for his answer he desired a little time to retire to rest and peruse his Notes which the Managers opposed but the Lords allowed him to do it at the Barr. After a little Respite he made his Defence He said there was a great difference between Treasons and Misdemeanors that there was nothing in this that can be Treason and that if a Thousand Misdemeanors will not make one Felony 28 Misdemeanors could not be heightned into Treason That if his Accusations be not Treason he ought to be admitted Councel that he had no leave to summon a Witness till Friday last which was a little severe however he answered That as to the Instructions and Commission he did not procure them or knew any thing of them that the Commission was renewed of Course Sir Arthur Ingram going out and Sir John Melton succeeding as Secretary That the the King's Councel of the Fee offer such
deposed positively the Words in the Charge The Lord Gorminstone also deposed that he heard the Earl speak those words at another time in open parliament Lord Gorminstone and that the Commissioners who drew the Instructions for the Government of Ireland were a Company of narrow hearted Commissioners The Lord Kilmallock deposed the same Sir Pierce Crosby deposed the same Lord Kilmallock Sir Pierce Crosby My Lord of Strafford after a quarter of an hours respite made his Defence That he had observed the Natives of Ireland have not been Prepitious to their Governours he instanced in Sir John Perrot on their Testimonies attainted of Treason in a legal Ordinary way who lost his Estate though not his Life and yet after it was confest there was little truth in the Accusation My Lord Faulkland had the same treatment being informed against by the same Witnesses Sir Pierce Crosby and Lord Mount-Norris and yet it appeared he had dealt as Honourably Justly and Nobly to his Vnderstanding as any man could do That it was impossible but in the way of Justice a Governour must give Offence to many which he intreated their Lordships to consider He said That though the words were spoken yet were they not Treason and had they been Treason yet by Proviso of Stat. of Ed. 6. the Information ought to be within 30 dayes He instanced in the Lord Cook in Calvin's Case 20 H. 6.8 Dyer 360. to prove that the Laws and Customs of Ireland are diverse from the Lawes of England That he should do Extreamly ill to the Honour of the English Nation and to the memory of divers of their Lordships Ancestors if he should not say and think that Ireland is a Conquered Nation He instanced in the Stat. 11 Eliz. where at the Attainder of Shan Oneal the samous Rebel it is said that all the Clergy were assembled in Armagh at the time of the Conquest That King Henry the Second is in the Statute called the first Conqueror of Ireland That all Histories acknowledg it That he spoke the Words to magnifie the King's Grace and Goodness and that there was then no offence taken at them For the other words That the King might do with them what he pleased let them relate to the Conquest and there is no Offence in them As to the words spoken to the Recorder of Dublin he did with the greatest assevetarion utterly deny the speaking of them Mr. Slingsby his Secretary averred the same and that the first words were so well taken that he was thereupon invited to the Mayor's House at a publique Entertainment To their Charters being void he said it was Evident they were so in point of Law as he was informed by the King's Council for their Non-performance of the Trust reposed in them appealing to my Lord of Cork that the reason of it was that most of the Aldermen were Recusants and would Plead their Charters against the Orders of the Board by which means many great disorders were continued The Managers Urged That this justified a part of the Charge that Charters were judged by the Board whereas the Council-Table hath no such Power The Earl replyed It was not to judg their validity but whether ill Vsage and Extortion were not practised under colour of them and that they were complained of as grievances in Parliament Lord Dillon which the Lord Dillon averred to be true To which the Earl added That he did it in favour of the Protestants who were by these Charters depressed by the Roman-Catholicks and that he looked upon this which was objected as a Crime as a service to the Protestant Religion He said it would perhaps be well known hereafter when he was in his Grave that his great fault was his great zeal to bring them to conform to the Church of England That notwithstanding this they still enjoy their Charters and for his saying Ireland was a conquered Nation it was upon the Occasion of pressing them to supply the Crown for that if the Kingdom of England should still be put to the Charge and the whole Expence rest on the Conqueror you might very well think you are so dealt with as never any other Conquered Nation had been adding There were Copies of his Speech that would justifie what he said and that the Speech was in Ireland That my Lord Ormond told him it was ill resented To which he answered Truly my Lord you are a conquer'd Nation but you see how I speak it and no otherwise The Lord Dillon averred Lord Ranulagh Sir George Wentworth that he stood under the Cloth of State but did not hear the words That they should expect Laws as from a Conqueror The Lord Ranulagh remembred the first words but not their last Sir George Wentworth said That he brought the Speech to the King and in that there was no such word The Managers then Urged That though this was not in that Speech yet some thing was then spoken though in a milder sence but it was spoken after upon Occasion of a Petition delivered by the Commons after they had given the King the Subsidies concerning their Laws To this Mr. Fitzgarret deposed That there was such a Petition Fitzgarret and that there was an answer given either at the Board or in full Parliament from the House of Lords but he does not remember any part of it but afterwards the Earl affirming it was at the Board and not in Parliament he said he conceived there were two Petitions one to the Council another to the Parliament about redress of Grievances but remembers not the Answer But the Lord Gorminstone spoke positively then Lord Gorminston That it was in Parliament upon the Occasion of that Petition wherein as my Lord Strafford observed he contradicted himself having before fixed it on the Speech in the beginning of the Parliament upon Petition of the Commons desiring the benefit of some Graces his Majesty had been pleased to confer on them The Lord Killmallock deposed it was in Parliament Lord Killmallock 3 or 4 dayes after the delivery of that Petition Then the Statute of 28 H. 6. King James's Instructions 1622 and a Proclamation upon them were read dated November 1. 1625. whereby it was Ordered That no private Causes should come before the Board but be referred to their proper Courts Then the 4th Article was read being concerning the Lord of Cork's being disseized of an Impropriation and saying Lord Ranulagh That an Act of State should be as binding as an Act of Parliament The Lord Ranulagh deposed That the Cases of the Church and Plantations were in the times of former Deputies Resolved at the Board and that he never knew any other Titles determined there But the further Disquisition was put off till the next day Upon Friday the Earl of Cork was Examined and deposed Friday Mar. 26. Earl of Cork That the Lord Deputy presented one Arthur Gwyn formerly Groom to the said Earl of Cork to a
Rectory of which he had been possessed as Tenant to the Crown 35 Years that taking out Writs to arrest Gwyn the Earl bad him recal them or he would clap him in the Castle and that he would not have his Orders disputed by Law nor Lawyers that he desired Gwyn being Poor he might give security which the Earl said was just and that it should be so entred in his Order but that Sir Paul Davis told him that my Lord Strafford found fault with it and struck it out with his own hand that making a Lease to an Incumbent contrary to an Act of State that no Lease should be longer then the Incumbent's Life and being prosecuted for it the Earl told him an Act of State should be as binding as an Act of Parliament John Waldron deposed the same in the Case of a Lease between the Merchants of Galloway and some others John Waldron John Kay Lord Killmallock Sir Pierce Crosby John Kay deposed the same the Lord Killmallock deposed the same and that Sir George Radcliff my Lord Strafford's Eccho an occasion of throwing out a Bill making its Felony to have Powder without licence said the same Sir Pierce Crosby deposed the same To this the Earl answered The Earl's Defence That the Council Board of Ireland was a Court of Record that it was so in favour of the English Protestants and Clergy This he proved by the Lord Dillon in the Lord Chichester's and Lord Grandison's time Lord Dillon that the Acts of State were by the Judges reputed as Laws of the Land for the present and proceeded by Arrest Imprisonment and Fines upon contempt Sir Adam Loftus which Sir Adam Loftus confirmed Then the Order which my Lord of Cork mentioned was read attested and acknowledged to be Sir Paul Davis his hand where it appeared the Clause my Lord Cork said was struck out was standing still only my Lord Cork was limited to prosecute within a Year So what was objected about Gwyn he said he was unknown to him but produced a Certificate from the University of Dublin That he was a Master of Arts of 12 or 14 Years standing adding That my Lord of Cork must be an Excellent Schollar under whom his Groom had so much profited For the Words spoken to the Earl of Cork though he had so quick a memory as to swear them roundly as laid in the charge to a syllable yet they carry their own Contradiction the Order produced referring him to the Law at the highest if the words were spoken they are but indiscreet and it was severe to be punished for being no wiser than God Almighty had made him that my Lord is but a single Witness and he is not prosecuted according to 1 E. 6. cap. 12. That the other Witnesses are Extrajudicial proving words spoken in other places and times then he is charged withal and yet that the words may bear a fair interpretation for that the King being the Law-giver which he hoped none would deny without the Crime of Treason the King's sentence is a Law in matters not determined by Act of Parliament that Prerogative is a part of the Fundamental Law as well as the Property of the Subject That he had alwayes wished for an harmony between them and that they might keep in their wonted Channel if either of them rise above their due heights nothing could be expected but subversion of the Common-wealth either by Tyranny or Rebellion That prerogative was like the First liberty of the subject like the 2d Table either both or neither can be preserved That Prerogative as long as it goes not against the Law of the Land is the Law of the Land and binding being made to prevent a temporary mischief before an Act of Parliament can give Remedy He excepted against the Lord Killmallock 's swearing Sir George Ratcliff to be his Eccho it being impossible to swear his thoughts Against Mr. Hoy and Sir Pierce Crosby as persons concerned against him in point of Interest and to Mr. Waldron 's That the circumstance qualifies the Words it being according to a Statute directing that Leases should not be made without reserving the Moiety of the yearly value After which the Manager replyed That this Article proved the Earl of Strafford's intention to subvert the Government that whereas he saies they are not prosecuted in time the Effects continue to this day and they prosecute him Flagrante Crimine that threatning the Earl of Cork was Arbitrary Government that he hath made it a habit to speake such words as appears by the several times that he himself had confessed the words that when things are rejected in Parliament they are not to be supplied by an Act of State Then they desired to Examin another witness Roger Lotts Witness which the Earl excepting against as not regular the Lords adjourned to their House to consider of it and returning he was admitted and deposed concerning the Bill for Powder without Licence to Felony the Earl told them He would make it an Act of State and that should be as Good To which the Earl replied It was done by Command and for reasons of State not fit to be made publick to keep Powder out of unsafe hands but did not conduce to his acquittal or Condemnation Upon Saturday March 27. Saturday March 27. The 6th day Artic. 5. they proceeded to the Sentencing the Lord Mountnorris at a Council of War thereby Exercising a Tyrannical Power over a Peer of the Realm of Ireland c. First the Sentence was read reciting the King's Letter which commanded a Council of War to sit upon the Lord Mountnorris being a Captain for inciting Revenge against the Lord Deputy-General of his Majesties Army The Lord Mountnorris deposed That he was called to a Council of War Lord Mountnorris Witness charged to have spoken words to this purpose That being told a Kinsman of his had hurt the Lord-Deputies Foot having the Gout he should say Perhaps it was done in Revenge of that publick affront that my Lord Deputy did me formerly but I have a Brother that would not have taken such a Revenge that he was required instantly to confess or deny the Charge that he desired time to answer but was denied as also to produce witnesses to disprove the Lord Moor and Sir Robert Loftus who upon Oath had affirmed it that thereupon in half an Hour Sentence was Pronounced against him by Sir Charles Coot Provost Marshal That the Lord-Deputy in scorn told him That he might proceed to Execution but he would Supplicate his Majestie for his Life and rather lose his Hand then he should lose his Head that he was committed to Prison December the 12th and bailed out the 18th the Physitians making Oath he was in danger of his life the High oppression and Injustice having thrown him into a desperate sickness committed again Apr. the 11th let out May the 2d by reason of Sickness recommitted the 30th of January following
think fit and to direct a Course for the Licensing the Sale thereof to the best improvement yet so as to take care to prevent the bringing in Vnsound Tobacco Then he offered the Contract of Carpenter Bartholomew Peatly and others for 11 Years at 5000 l. the first 5 Years and 10000 l. the Six last freed from Custom and paying only 3 d. Impost In which he did nothing but with the assistance of the Council there That there was an Act of Parliament in agitation to settle it in the Crown That he always judged a Proclamation Lawful till a Parliament confirms it As to the Punishments they were for Perjury and in terrorem and where it is objected That it is not sold at Reasonable Rates the Contractors are to Justifie themselves and he doubts not but they can That to the vast profit of 100000 l. it is admirable for at his coming away the Contractors were 6000 l. out of purse and for his gains by the Customs he dealt freely they were about 4 5 or 6000 l. per annum better then the Rent which he thinks is not considerable in the Charge of Treason He told their Lordships that he could not give a particular account the Ministers had been so dealt withal laid in prison and abused if you will speak of a Tyrannical and Arbitrary way of Government At which Expression exceptions were taken but he explained it of Ireland not of things here for which he produced two Orders for the seizure of his Goods concluding it was at worst but a Monopoly and that he never heard was judged Treason To which Mr. Maynard replied Managers Reply That this was no good service to His Majesty that when the Commons shall desire something may be done therefore any thing may be done and that it was never their Intention to put such Cruelties upon the Subject that his Majesties Letter was upon misinformation that if it had been so a Monopoly set up in England could not justifie the setting up one in Ireland that his Crime was the greater by endeavouring to justifie it under a name so Sacred as his Majestie 's That though a Proclamation hath a Temporary Power yet not to take away the Goods of the Subject This Day the 13th Article was read Article 13. Thursday April 1. Article was read wherein the Earl of Strafford was Charged with putting the Natives of Ireland upon working of Flax in a way unknown to them and seizing their Goods upon pretence of their disobeying his Orders to his own Vse whereby Thousands were undone To prove this his Proclamations were read as also a Warrant to one Benjamin Croky and his Deputy Witnesses Benjamin Croky Sir John Clotworthy to seize all Yarn made contrary to Proclamation To this Benjamin Croky sworn deposed That he did seize Yarn and it was taken from him by one Joseph Carpenter who converted it to my Lord's Looms Sir John Clotworthy deposed That he saw the Proclamation and Warrant being a Justice of Peace and Examined several People who were abused which Examinations he sent to the Lord-Deputy for which he was severely threatned and hardly Escaped being sent for by a Serjeant at Arms that upon these Proclamations the Markets were deserted and they sold it privately to avoid seizure thereupon the Officers came to him for assistance and threatned the Constables and broke open Chests that he took away the Yarn from them and restored it to the Proprietors That this made great Disorders and many People were starved losing all they had provided for their half Years Rent The Lord Ranulagh deposed That at Athlone Complaints were made to him of one Dennis who had seized a great quantity of Yarn that conceiving it an abuse he sent a Gentleman to inform the Lord Deputy to whose Intention he thought this proceeding not agreeable and that my Lord withdrew the Warrants Then part of the Remonstrance of the Commons in Ireland was read shewing That the Pursivants by seizing the Yarn destroyed the Market that the Merchants meeting the People at private Houses they way-layd them and took away their Yarn and Cloth seizing on all not leaving the poor people so much as to cover their nakedness That they took away their Iron Pots upon a pretence of another Proclamation and by this cruelty exceeding Pharoah their poor Children were forced to eat Grass with the Beasts where they lay down and died by Thousands as will be proved by 20 Thousand That the Judges procured the Lord Lieutenant to Recall the aforesaid Proclamations Mr. Fitzgarret deposed Mr. Fitzgarret That Yarn and Cloth were the staple Commodities of Ulster that the Proclamation and Execution of it impoverished that whole Province That the Officers used extreme cruelty and that one Dr. Cook told him he thought in his Conscience many Thousands were Famished To this the Earl answered The Earl's Defence Here was something like oppression but nothing like Treason That the Intention of these Proclamations was the Improvement of the Manufacture for the good of the Kingdom and to take away abuses That however the Proclamations are not his single acts but of the Deputy and Council That he conceives they had Power to bring them to the English Customs as in other Cases of drawing by the Horse tails burning the straw to get out the Corn and such Irish Customs That his principal design was to prevent the prejudice of the Woollen Manufacture of England the Wool of Ireland increasing and he thought to set up the Linnen Trade would advance Ireland and not prejudice the clothing Trade of England That he lost 3000 l. by attempting it that he cannot be accountable for the abuses of the Officers of whom Croky was the chief now a Witness against him as my Lord Ranulagh has informed their Lordships That he cannot conceive so many Thousands should be starved by his Looms when the whole yearly value came not to above 16 or 1700 l. He is sorry for that Remonstrance of the Commons thinking he had merited a better opinion from that Kingdom and having a little fortune there honestly got could not but wish well to it and he hoped when misinformations were cleared still to regain their good esteem where to the best of his Conscience he had done Justice and deserved well That Mr. Fitzgarret speaks by Report which is no proof and the Commons Remonstrance being but a Charge and not upon Oath he conceives cannot be the proof of a Charge concluding as he began That there might be oppression in the Execution but nothing of Treason in himself or the rest of the Council Mr. Maynard replyed That he was still striking the same string Managers reply no Treason though a high and wilful overthrow of the fundamental Rules of Justice in the Kingdom was evident that a good intention is no excuse to the taking away mens Goods and applying them to his own Vse that the good Company he speaks of is only to
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
Subjects of the Scotish Nation inhabiting in Ireland for the Covenant sworn by some of their Countrey-men in Scotland without His Majesties Authority and Consent Their dislike thereof and the consideration that their causes of that action may be understood to reflect on the Petitioners though innocent They crave leave to vindicate themselves from so great a Contagion and desire his Lordship to prescribe a way by Oath or otherwise to free themselves from these proceedings to declare their acknowledgment of the King 's Regal Power and their dislike of that Covenant and of all other Covenants entred into c. without His Majesties Regal Authority which they are desirous to manifest by offering their Lives and Fortunes to vindicate the Honor c. of their Sovereign which they are ready to do in equal manner and measure with other His Majesties Subjects c. and divers names were to the said Petition subscribed In consideration of which Petition we cannot but commend the Wisdom of the Petitioners which we will not fail humbly to represent to His Majesty and for that we know many of this Kingdom have expressed good Affection to His Majesty and His Service and dislike those Disorders We hold it fit c. to free them the better from the Crimes and Scandals which their Countrey-men have gone into as also to free them from all prejudice and to approve to the King and to the whole World their Allegiance to him and his Regal Power and the dislike of that unlawful Oath and Covenant We do therefore Ordain That all and every Person of the Scotch Nation that inhabit or have Estates or any Houses Lands Tenements or Hereditaments within Ireland shall take the Oath herein expressed on the Holy Evangelists on pain of His Majesties High Displeasure The tenor of which Oath follows c. To several select persons c. Authorizing them to call before them and administer the Oath to every person of the Scotch Nation c. At such time and place c. And such Instructions as shall be in that behalf given by the Deputy and Council c. And to certifie the Names of all that take the Oath and if any refuse to certifie their Names Quality and Residences to the Lord Deputy c. And there is a Command That all of the Scotch Nation do appear before the said Commissioners at times by them to be appointed and to take the said Oath before them and that all persons may have due notice we think fit this be published Dated May 1639. To prove the Design of betraying Knockfergus Slingsby Mr. Slingsby Examined attested That it was Advertized that when the King was at Berwick one Trueman had writ a Letter for betraying the Castle there he was sent to Dublin and Examined remanded back Tryed found Guilty Condemned and Executed for the Fact My Lord added further That at the same time there was the like Oath and proceedings in England That what he did was for securing the Peace of Ireland and had it been done by himself solely as Deputy he humbly conceives it no Treason but he had the King's Letter of his own hand-writing which he produced as followeth WENTWORTH COnsidering the great number of Scots that are in Ireland The King's Letter to the Lord-Deputy about the Oath and the dangerous consequences may follow if they should joyn with the Covenanters in Scotland I hold it necessary you should use your best Endeavour to try them by an Oath not only to disclaim their Countreymens Proceedings but likewise never to joyn with any in Covenant or otherwise against Me To which purpose I Command you to frame and administer such an Oath to the abovesaid intent to my Scotish Subjects of that Kingdom that I may know the well from the ill-affected of that Nation of which fail not as you love my Service And so I rest Your assured Friend Ch. R. Dated 16 Jan. 1638. Whitehall That therefore having his Majesties Warrant he conceives doth justifie him and that he had rather suffer by his Obedience then dispute his Majestie 's Command As to the Fining of Stuart c. it was the Act of the whole Court of Castle-Chamber where he had but one Vote the greatness of the Fine was to shew the greatness of the Crime and that little of it was paid that to refuse the Oath of Allegiance is Praemunire in comparison of which this was a moderate Fine That there is nothing of Ecclesiastical concern but temporal Allegiance in the Oath To the words about the Scottish Nation he absolutely denied he ever spake them or thought them he owes more Honour to His Majestie 's Native Countrey and from his Soul wisheth it all Prosperity that he must be out of his Witts to call a whole Nation Traytors knowing many of them to be faithful Loyal Subjects whatever he spake was concerning the Faction in it as to the multitudes going away Sir John Clotworthy names not one of that multitude and if they did go rather then give that Pledg of their Allegiance who could help it As to the Schoolmaster 's Testimony he is positive that my Lord spoke the rancorous Words against the Scottish Nation Octob. 10. 1639. but he proved by Mr. Little and Mr. Ralton that he came from Ireland Sept. 12. 1639. a month before and was in London Sept. 21. 1639. and therefore being a single Witness and Evidently swearing false in the first part he hopes their Lordships will credit him accordingly As to the last he having not yet learned his Lesson perfectly that Loftus makes it another thing swearing the Earl said He hoped to root c. such as would not submit to the Ecclesiastical Orders whereas there are few of the Scottish Nation that do not submit He then produced Sir Philip Manwaring who attested Sir Philip Manwaring That he heard the whole Speech and that my Lord spoke only against a Faction of the Scottish Nation whom he would endeavour to bring to Obedience and that he Explained himself to speak of those of Ireland not of Scotland whose Laws and Customs he did not understand and that he heard not one word of Root and Branch or Stock and Branch but that he heard Mr. Wainsford Master of the Rolls commend my Lord for his Caution that he had reflected on the Faction not on the Nation Then my Lord concluded That he hoped nothing was proved against him of Treason for if Obeying Commands in this Case be so he confessed being not better informed if it were to do again he should be that Traitor over again Mr. Whitlock presently laid hold of this and said Managers Reply This justifying his Offence against Law in that Great Presence was a great aggravation of his Crime That it is well known a new Oath cannot be imposed without Assent in Parliament it is Legislativa Potestas That he obtained the King's Letter upon Mis-information As to Steward 's Sentence his fault is the
took Exception at their Petitioning for a Parliament and said Leaving out that Clause he would joyn with them in that Petition Sir Henry Cholmley deposed Sir Hen. Cholmley That informing my Lord that notwithstanding the Warrants Mony came not in and that unless he had money shortly the Regiment of which he was Colonel would disband his Lordship told him he would send a Levy on the Goods of those that refused but knows not whether such Levies were sent Sir John Hotham deposed much to the same Effect Sir John Hotham Sir Philip Stapleton deposed Sir Philip Stapleton That the Gentry upon the King's Summons being met drew the Petition to which there were 100 hands and that the Earl refused to deliver it unless the concluding clause were left out but most of them resolved to stand to that Petition and many went out of Town not doubting the delivery of it My Lord put it to the Vote where there were many Papists and on the Vote delivered an Answer what he knows not for he stayed behind to draw another Petition and humble Protestation to his Majesty that this Petition was the Answer of the Countrey Lord Wharton deposed Lord Wharton That attending my Lord Strafford with this Petition he refused to deliver it upon the Exception before mentioned that divers of the Gentlemen that were there would not go back from that with which so much humility and reason they thought was desired thereupon my Lord went to the King but they who thought not fit to alter the Petition went not with him and what he said he knows not Then this following Warrant of Sir William Pennyman's was produced and he owning it and it being not in Accusation of himself but grounded on my Lord Strafford's Command for Levying money it was read To the Constable of Sergeant-Major Yaworthe's Company WHereas the Lord Lieutenant-General of his Majesties Army Sir William Pennyman's Warrant by His Majesties Command sent forth Warrants to the Constable of this Weapontake of Longborough for Collecting and Paying the Soldiers of my Regiment Six weeks pay to be delivered from my hands which is not yet received from c. These are therefore once more in his Majesties Name to Will and Require you forthwith to pay or cause to be paid to the said Sergeant-Major the several Rates and Proportions both of the First and Second Contribution Assessed on your Town c. And if any Person or Persons shall refuse so to do you are instantly on receit hereof to bring him or them c. to serve in their own Persons for the defence of this County as the necessity of this Cause requires And hereof c. fail not 19 Octob. 1640. William Pennyman To this Sir William deposed That he cannot say whether the first Warrant was issued by the Vice-President or whether any was issued by my Lord Strafford 's direction And being again and again urged to speak positively and Categorically he said he did verily believe the ground of the Warrant of the Deputy-Lieutenants to Levy money on the Countrey was That my Lord told them That he had acquainted the Lords of the great Council and his Majesty and that he did it by their consent but he was out of the room when it was drawn only Mr. Rockly a Deputy-Lieutenant told him so Sir Henry Griffin deposed That he heard my Lord say Sir H. Griffin That he had direction from the great Council to Levy money for Sir William Pennyman and Sir Thomas Danby's Regiments and that by a clause in the Order the Refusers were to be compelled to serve in person Sir Robert Strickland sworn deposed the same Sir John Burroughs sworn deposed That upon the 20th of October Sir Robert Strickland Sir John Burroughs Mr. Robert Strickland and Mr. Mallard coming as he thinks to tender their services to the Lords among other discourse mentioned some Order concerning the relieving the two Regiments for the Guard of Richmonshire and that thereupon themselves my Lord Strafford and the rest of the Deputy-Lieutenants had granted Warrants for the assessing Money at this the Lords were startled and commanded him to inform them if there were any such Order he told them being Clerk That he remembred none nor drew up any The Lords desired those 2 Gentlemen to give them Copies of those Warrants they had sent out and that Sir John should take their Testimony which he did My Lord of Strafford did take notice that some such thing had been done at Rippon and said then to the Lords That he did conceive he had the King's Order and their Lordships approbation for the issuing out of this Warrant but since he conceives their Lordships disliked it and had taken Copies of it he was very willing to withdraw these Warrants And this was on the last day of the great Council but that my Lord-Deputy appealed to the King and the King said he did acquaint him with it before the Lords but that the Lords absolutely declined the making any such Warrants and were generally against it Mr. Henry Cholmley sworn Mr. H. Cholmley deposed That my Lord said That the Custom was that private men should serve in Person in the Trainbands or maintain the Charge of them and the Common-mens Charge is born by the Constables of the Town whence they come and told the King Sir if you please Mr. Vice-President may or shall send out Warrants to this purpose William Dowsen deposed Will. Dowsen That Mr. Yaworth Sir William Pennyman's Major came with 4 Musketeers to Egton sent for the Assessors who being unwilling to assess he told them they should answer it before my Lord General and shewed a Warrant from Sir William Pennyman but he did not see it but 2 Musketeers went with each Constable to Levy the money William Pierson deposed the same Will. Pierson And that he saw Sir William Pennyman 's name to the Warrant and that in the Town 4 Musketeers went with the Constable Sir William Ingram deposed Sir William Ingram That inquiring of my Lord Strafford how the Soldiers must be maintained my Lord told him the private men must maintain their Soldiers at 8 d. per diem or else he would commit them and the Soldiers should be maintained at that Rate out of their Estates and if any refused to pay their Assessment they should be committed to Prison and lye there and he would have all men to know that refused to pay such Contribution that they were in little better Condition then guilty of High Treason Sir Henry Griffin deposed Sir Henry Griffin That his Regiment advancing he received 300 l. on the Assessment by virtue of this Warrant but more they could not nor would not pay upon which complaining to my Lord he told him he would take a Course and my Lord did grant forth his Warrant and sent a Messenger from Constable to Constable and all was paid and for ought he knows
are nothing at all on the matter Sir James Montgomery tells you a Tale not much Material nor Mr. Maxwell nor Sir John Clotworthy there is nothing at all in it concerning Treason Stewart's Sentence remains only to be answered in this Article for that I conceive it was justly and fairly given as I then conceived I was one of the rest and nothing was intended by that Decree but his Reformation and when he had pleased to have taken the Oath he might have been released of the Sentence and sent home again quietly The next is the 20th Article Wherein I am Charged to be a Provoker and Incendiary of a War against his Majesties Subjects of the Scotch Nation and that I should say of them They were Rebels and Traytors and being about to come into England that I should say I would root out of the Kingdom the Scotish Nation Root and Branch My Lords I shall need no more to say in this for my being an Incendiary I think by the Proof it hath been clearly made appear to your Lordships that I gave no Opinion but such as others did in the like Case It is proved by Lord Traquair and my Lord Treasurer and might have been proved by many more if it had been needful For the Words that I should say The Rooting out the Scots Root and Branch They are only testifi'd by one single Witness Salmon the School-Master swears it and no man else but he and I hope my Lords that when your Lordships do call to mind how he is Crost by his Fellow Witness John Loftus your Lordships will be satisfied he Swears I will persecute them to the Blood and root them out Root and Branch and I cannot tell what But John Loftus said indeed that I said I hope that such of the Scottish Nation as would not submit to the Ecclesiastical Government I would root out stock and branch a wonderful difference between these two But my Lords it was testified by Mr. Secretary Manwaring then present that I never spoke the one nor the other but as in my Answer I did truely and faithfully deliver it I said that unless they would take that Oath of Allegiance and secure the King of their Allegiance in that point I hope I should not see any of them stay in that Kingdom that refused it and there is no proof in the World but the School-Master and I hope your Lordships will not take him to be a good and valid proof to convince me in this Case being a person of no greater Quality and crossed by his fellow Witness For my self I do absolutely say I was so far from wishing ill to that Nation or any Dissension or Division between them that I never desired other in my heart and soul but a firm Peace through the King's Dominions My Counsels tended to that and if I might seem to begin in a contrary way yet the last resort was to bring all to quietness and so that it should be without Blood And I dare say there be them that heard me say it many a time in the King's Council That the King should be in nothing so much sparing and tender as to draw any Blood in that Quarrel I dare say many that heard it will justifie me in it And if your Lordships will give me leave I do think I have something that might procure your Lordships belief that it was so for at that time my Fortune though now by Misfortune it be mean enough was such as I needed not desire to shuffle the Cards and deal anew and especially when nothing was to be got but Blows and that I trust will be an Argument to your Lordships that nothing was desired by me so much as Peace and that under God's goodness and the protection and Benefit of His Majestie 's Scepter I might enjoy the little Estate my Ancestors left me for it is certainly true whatever the World may think to the contrary it is very little better from what my Father left me something it is and the most part of the Improvement of it was before I came to serve the King and yet I have had more from the King then I deserved in all kinds and all the whole service of my Life were it never so many years could not Merit nor deserve from him the Hundred part of what I had from His Favour My Lords Mr. Treasurer Vane says I was in the Argument for an Offensive and he for a Defensive War for a War both of us And I beseech your Lordships How should it be more Treasonable for me to be for an Offensive then for him to be for a Defensive War for a War there must be and the difference was not great and for a Councellor to deliver his Opinion and have that turned upon him as Capital to sweep from the World himself and his Posterity is a very hard Case to say no more of it The next Article is the 21th wherein I am Charged to be an Enemy to Parliaments a Breaker of Parliaments and did by that means sow ill Affections betwixt the King and His People My Lords This is more fully Charged in a Subsequent Article then this for this is but only for breaking of the last Parliament that I should advise it to be called with an intent to break it which is very unlikely for that nothing in the World could be of so happy effect to me as the success of that Meeting and yet I must destroy and disadvantage my self in that then which nothing could be of more advantage then the success of that Parliament The 22th Article is Answered already and the 23th likewise In the 24th Article comes in that of the Parliament more fully and there I am Charged Falsly and Treacherously and Malitiously to have declared before His Majesties Privy-Council That the Parliament of England had forsaken the King and given Him the Advantage to Supply Himself otherwayes and having so Malitrously Slandered the said House of Commons that I did with the Advice of the Archbishop of Canterbury and the Lord Finch Publish a False and Trayterous Book called His Majestie 's Declaration of the Causes of Dissolving the last Parliament c. This goes very heavy upon me in the World that I should be a breaker of Parliaments a Counsellor against Parliaments My Lords there is nothing proved of it and I hope I shall be cleared by your Lordships and these noble Gentlemen and all the World that I had no such thing in my heart For the Point of the Declaration I was at that time Sick in my Bed and could do nothing in it and therefore I trust I shall be acquitted as to that As to the Breaking of the Parliament or any ill-will to Parliaments I have ever honour'd them and far be it from me to wish that they may not be frequent for the good of the King and Kingdom but as oft as you shall have it urged and prest against me that I should
time of this Noble Lord's Defences he did not so much as crave any of our Opinions or acquaint us with any thing that tended that way and for the matter of Law Those Statutes cited by himself and offered to your Lordships Consideration were none of our stock but taken up at his own adventure I do not speak this to derogate from the pertinency of those Statutes for they shall be the subject of my Discourse but that the Noble Lord may not be disappointed of your Lordships right Conception and his own due praise My Lords It is your Pleasure we meddle not with matter of Fact and indeed we need not meddle at all with it because we hope it is already done and that sufficiently to our hands yet the matter of Law doth so naturally arise out of the matter of Fact that of necessity by your Lordships Favour we must sometimes touch on this if we speak to that Nor do we conceive it possible for us to speak advantagiously enough for the Lord Strafford 's just Defence unless the whole matter of Fact be determined as either proved or not proved or at least some states of Questions agreed upon where we may fix and settle our Arguments And so it is my Lords that I have chosen not at all to touch the Matter of law untill your Lordships shall be pleased to chalk me out a Way unless it be to clear your Judgments in one Statute only viz. 25 Ed. 3. because when the same was alledged by the Lord Strafford for his own Defence that not being convict by the letter thereof he could not be convict of Treason I remember the Salvo of that Statute was much insisted upon by those from the House of Commons as much conducing to their Ends. My Lords I will first speak of the Statute it self and then of its Salvo or Provision the Statute is That if any man shall intend the Death of the King the Queen or their Children kill the Chancellor or a Judge upon the Bench imbase the Kings Coyn or counterfeit the Broad Seal c. he shall be convicted and punished as a Traytor That the Lord Strafford comes within the letter of this Statute is not so much as once alledged nor indeed can it be with any Reason All that can be said is that by relation or argument à minore ad majus he may be drawn thither And that this cannot be I humbly offer these Considerations 1. This is a Declarative Law and such are not to be taken by any way of Consequence Equity or Construction but by the letter only otherwise they should imply a contradiction to themselves and be no more Declarative Laws but Laws of Construction Secondly This is a Penal Law and such if our Ground hitherto unquestion'd holds good can admit of no Inductions or Inferences for Penalties are to perswade the keeping of known Laws not of Laws conjectural ambiguous and by Consequence which perhaps the most Learned may not in their disputes question much less the Subject who is not to interpret the Statute doubt of in the point of Obedience nay rather without doubt he is to obey the letter of the Statute and conceive and that truly that he is not liable to the Penalty Thirdly We have a notable Statute 13 Eliz. c. 2. whereby it is declared That the bringing of Bulls from Rome to stir up the Subjects to Mutiny and Rebellion shall be punished as Treason Now if by interpretation or by consequence this sense might have been thrust upon preceding Statutes the making this had been superfluous and the persons then charged with that Crime might have been impeached of Treason even before the making of this Act. Fourthly Anno 21 Ed. 3. we have a Statute declaring That for a Servant to kill his Master is an Act of Treason and in the 27th Year of the same King a Process was framed against a man of Treason for Killing his Father grounded upon the same Argument à Majori ad Minus but it was found and the Sentence is yet in the Records that although in the 21 of Ed. 3. that Argument might have been admitted yet in the 27 it could not by reason of the Declarative Law intervening in the 25th Year And this Case comes very home to the point in hand My Lords I will not demand what kind of Offence it may be for a man to Subvert the Fundamental Laws of a Kingdom the Crime doubtless is unnatural and monstrous and the punishment must keep the same proportion only I must presume to offer these few things to your consideration 1. That one or more Acts of Injustice whether malitiously or ignorantly done can in no sense of Law be called the Subversion of the Fundamental Laws otherwise as many Judges perhaps so many Traytors It is very incident to Man's Nature to Err nor doth the Lord Strafford plead his Innocence in Oversights but in Treason 2. I do remember the Case of John de la Pool Duke of Suffolk this man in the 26 H. 6. was charged by the House of Commons with Eight Articles of Treason and those too very like to these against the Lord Strafford 1. That he had given the King bad Advices 2. That he had embased his Coyn. 3. That he had Sessed Men of War 4. That he had given out Summary Decrees 5. That he had imposed Taxes 6. That he had Corrupted the Fountain of Justice 7. That he had perswaded the King to unnecessary War 8. To the giving up Anjou in France Ovum Ovo And for all these though he was charged with High Treason for wronging the Right of the Subject and Subverting the Fundamental Lawes of the Kingdom yet after long agitation the matter was found by the Lords in Parliament not to imply Treason but only Felony Add to this another Case in the 23 H. 8. where one was charged for Subverting the English Laws and yet no Treason charged upon him Add to both these the Case of Richard Larkes pleaded at the Common-Pleas who was charged with Treason for subverting the Law but convicted only of Felony By which you may see my Lords what to this time hath been the Judgment of subverting the Lawes Thirdly It is very considerable That the Lord Strafford is not charged to have Subverted the Laws but only to have Intended to subvert the Fundamental Laws and this I conceive if there were no more might keep him free from that Statute of 25 Ed. 3. for although as touching the Life of the King the Queen and Children Intention is a Treasonable Act yet in all other things there mentioned there must be Action besides Intention For it is not said That if a Man doth intend to kill a Chancellor it shall be Treason but only if he doth kill him and if he doth Actually counterfeit the Broad Seal And although a man should prepare a Furnace make ready his Stamp and melt his Bullion yet if he gives not the King's Impress
Corruptives of Judgment Mr. Speaker I do before God discharge my self to the uttermost of my Power And do with a clear Conscience wash my hands of this mans blood by this solemn Protestation That my Vote goes not to the taking of the Earl of Strafford 's Life Exceptions were taken at this Speech upon Friday following and the Lord Digby Explained himself but for the present there was nothing done in it though afterwards the sleeping Revenge roused it self to some purpose for upon the 15th of July to do him all the infamy they could this Speech was by Order of the House burnt by the hand of the Common Hangman in Smithfield Palace Yard and in the Royal Exchange The Lords made no great hast in dispatching the Bill of Attainder Saturday April 24. and therefore the Faction fell upon other Methods of quickening them one of which was a Petition from many Thousands of the City which was upon Saturday presented by them to both Houses thereby to make it appear the Desire of the City and to speak truth they had strangely Exasperated the City against him as will appear by the Petition which follows To the most Honourable Assembly of the Lords and Commons in this present Parliament The humble Petition of divers Citizens of London SHEWETH THat notwithstanding His Majesties Gracious Answer The first Petition of the Citizens against the Earl of Strafford April 24. to the humble Petition of his Loyal Subjects in Summoning this Parliament with the great Care and Endeavoured pains taken by both Houses for the removing the heavy Grievances in Church and Common-wealth whereof the Petitioners have already received some Fruit for which they desire to return their most humble and utmost Thanks yet nevertheless they are enforced with all Humility to represent to this most Honourable Assembly some of those Obstructions which do still hinder that freedom and fulness of Trade in this City they have formerly had and which considering the numerous multitude thereupon depending they conceive it not able comfortably to subsist As the unsetled Condition of the Kingdom even since the Troubles in Scotland hath caused both Strangers and also some of our own who did furnish great summs of money to use to call it in and remit much of it by Exchange into Forraign Parts and stand now in expectation of what the Issue of things may be The stopping Money in the Mint which till then was accounted the safest place and surest Staple in these parts of the World still doth hinder the Importation of Bullion the Scots now disabled to pay such Debts as they owe to the Petitioners and others in the City and by reason of the Oppressions exercised in Ireland their Debts also are detained there The English Trade by reason of our general Distractions and Fears is so much decayed that Country Trades-men cannot pay their Debts in London as formerly The great Sums of Money unduly taken by His Majesties Officers and Farmers for Impositions upon Merchandize Exported and imported and the want of Relief in Courts of Justice against them The drawing out from the City great Sums of Money which is the Life and Spirit of Trade for His Majesties Service in the North and being there employed is not yet returned Besides all which from what strong and secret Opposition the Petitioners know not they have not received what so much time and pains might give and cause to hope but still Incendiaries of the Kingdoms and other Notorious Offenders remain unpunished The Affairs of the Church notwithstanding many Petitions concerning it and long Debate about it remains unsetled the Papists still Armed the Laws against them not Executed some of the most Active of them still at Court Priests and Jesuits not yet Banished the Irish Popish-Army not yet Disbanded Courts of Justice not yet reformed and the Earl of Strafford who as now appears hath Counselled the Plundring of this City and putting it to Fine and Ransom and said It would never be well till some of the Aldermen were hang'd up because they would not yield to Illegal Levies of Monies had so drawn out and spent this time in his business to the very great Charge of the whole Kingdom and his endeavour to obtain yet more all which makes us fear there may be practices now in hand to hinder the Birth of your great endeavours and that we lie under some more dangerous Plot than we can discover All which Premisses with their Fears and Distractions growing there-from and from things of the like nature the Petitioners humbly offer to the most grave Consideration of this most Honourable Assembly as being the true Causes of decay of Trade discouragement of Trades-men and of the great scarcity of Monies with the Consequences they labour under And do humbly pray That their sad Grievances may be Redressed the Causes of their Fears removed Justice executed upon the said Earl and other Incendiaries and Offenders the rather in regard till then the Petitioners humbly conceive neither Religion nor their Lives Liberties or Estates can be secured And as in Duty bound they shall ever pray c. But all they could do notwithstanding the frequent Conferences and Debates the Lords resolved to hear what the Councel would first say upon the Legality of the Bill upon which this Message was sent to the Commons by Judge Foster and Judge Heath That their Lordships will be ready to meet at a Conference by a Committee of both Houses at Nine of the Clock upon Thursday Morning in Westminster-Hall there to hear this House according to their own Offers when they brought up the Bill of Attainder of the Earl of Strafford Mr. Hide was this Day sent up to the Lords Widnesday April 28. to acquaint them with the Fears they have that the Earl of Strafford may design to Escape That he hath Ships at Sea at Command and the Guards weak and to desire he may be made a close Prisoner and the Guards strengthened To which the Lords answered They would take it into Examination and give Directions accordingly Upon Thursday the Houses being met at the Hall Thursday April 29. the King Prince and Queen being present Mr. St. Johns to whom that Province was consigned by the Commons made his Argument of the Legallity of the Bill of Attainder as followeth My Lords THE Knights Mr. St. John's Argument at Law for passing the Bill of Attainder April 29. Citizens and Burgesses of the Commons House of Parliament have passed a Bill for the Attainting of Thomas Earl of Strafford of High-Treason The Bill hath been transmitted from them to your Lordships it concerns not him alone but your Lordships and the Commons too though in different respects It concerns his Lordship the highest that can be in the Penal Part so it doth on the other side as highly concern your Lordships and the Commons in that which ought to be the tend'rest the Judicatory within that that Judge not them who Judge
Necessity therefore to be used being lawful L. L. Ireland Commission of Array to be put in Execution They are to bring them to the Borders In reason of State you have power when they are there to use them at the King's Pay if any of the Lords can shew a better let them do it Town full of Nobility who will talk of it Obser he will make them smart for it Thus did Ambition and private Revenge disguise themselves under the popular pretence of publique Justice and tenderness for the safety of the Common-wealth The truth is Power and Greatness do always render the Great Ministers of State Criminals to Malice and Envy and of this I will give two remarkable Instances out of the above mentioned Memoirs of the Earl of Manchester When saith he The reason why the Marquess Hamilton and the Lord Cottington escaped the fury of the Faction strickt Scrutiny was made into the Councils and Actions of those who were in greatest Power and Credit with the King divers of the Privy-Council most of the Judges came under the Debate of a Capital or Criminal Impeachment and the very Order of Episcopacy with all its Hierarchy incurred the Odium of Superstitious Pride and Oppression But they who were looked upon as the principal Instruments of those Mischiefs which threatned the Ruine of the Three Kingdoms of England Scotland and Ireland were the Archbishop of Canterbury the Earl of Strafford the Marquiss Hamilton and the Lord Cottington these were of the Juncto where all things of consequence and privacy had been consulted and resolved and these were designed first to be questioned But the Marquiss Hamilton seeing a dark Cloud gathering over his head thought it necessary to seek a timely Shelter and upon consultation with his Friends about the most probable way for preventing of the Clamour of the Commons which might prove a fatal Vote against him he was advised to improve his Interest in the Commissioners of Scotland for he had personally obliged some of them and the rest could not but acknowledge that he had Expressed a great care of his Nations happiness in all those imployments wherein he had been trusted by his Majesty for though he often shewed a great Aversion and activeness against them in their Cause and Quarrel yet in all their Extremities they found him a Friend intending their good He therefore pressed them to intercede for him which they did with earnest solicitations They likewise gave such Engagements for his future Compliance with the Parliaments Designs as he was not only Exempt from all fear of Accusation but he became a Confident in all their private Designs against others and employed his Credit with the King for the obtaining many and great concessions The Lord Cottington could not hope for so powerful an intercession neither durst he rely on his Innocency as Parliament-proof therefore he had recourse to that prudent if not subtle way by stripping himself of his Skin to save his life He knew the Mastership of the Wards was a place of that value and power as probably it might stop the Mouths of his greedy Enemies or else open the hearts of some towards him in a way of Protection and Friendship He therefore declared to the King his condition and propounded the making the Lord Viscount Say and Seal to be his Successor This proved a very successful policy for as soon as this was made known to those who were concerned in their hopes of his place all Criminal Aspersions were laid aside and he gained the advantage of a retired and quiet being Thus far the said Earl in his Memoirs who was no Stranger to the most private transactions of those persons and times The Fall of this lofty Cedar gave not only a general consternation to all the Kings Friends but the greatest encouragement imaginable to the whole Faction who could not dissemble their satisfaction at their having gained so important a point but that it boyled over at the Mouths of the less cautious and more warm of the Party insomuch that I have heard one who was inwardly acquainted among them affirm that one of them as I think Mr. Pym was heard to boast of their success in words to this effect Have we saith he speaking of the Kings passing the Bill of Attainder against the Earl of Strafford got him to part with Strafford then he can deny us nothing And certainly nothing could be of greater disadvantage to his Majesties Affairs then this sacrificing a Great Court Favourite to their Wills rather then to Law or Justice For the whole Nation knew how dear this Great Man was to his Master and the great struglings which the King made if possible to save him and the reluctancy with which he seemed to resign him rather to necessity then reason as it made the victory appear greater so it taught all others of the Kings Friends the greatness of their danger and the impossibility of stemming so strong a Torrent as had wrackt so brave a person as the Earl of Strafford Nor did they think it any disparagement when they saw the King himself stoop to such compliances for them also to bend their Necks And doubtless as nothing can more encourage the Servants and Ministers of any Prince in circumstances and difficulties of this nature than the courage and resolution of the Prince himself so nothing can depress their Spirits comparably to the fear of seeing themselves deserted and left to the Fury and Rage of their Enemies for adhering faithfully to and vigorously prosecuting the Interests of their Master And had his Majesty made use of his Royal Prerogative and refused to Pass the Fatal Bill it could not have happened worse to him then afterwards it did but it might have proved better because they were not then in a condition to Levy a Formal War against him as afterwards they did his Majesty having a very good Army in the North to have Opposed them and had the Earl saved his a Noble and Valiant General to have been at the head of them But to return to the Parliamentary Affairs the Tumults were grown so insolent that his Majesty being sensible of the danger of them sent a Message to the Lords about them Upon which the Lords desired a Conference with the Commons the heads of which the Lord Privy-Seal delivered as follows THat he was commanded from the King to declare to both Houses at a Conference Conference about the Tumults that the People do assemble in such unusual numbers that his Majesty fears the Council and the Peace of the Kingdom may be interrupted and therefore as a King that loves Peace takes care that all Proceedings in the Parliament may be in a fair temperate and peaceable manner It being now time of Parliament his Majesty will not of himself prescribe the way but expects that both Houses upon mutual Conference will advise such a course which may best preserve the quietness of the Kingdom That their
Governour under Sir Thomas Jermyn of the Isle of Jersey having given an Account of the state of the Isle was Ordered to repair to his Charge there and if Mr. Percy Mr. Jermyn c. were there to apprehend them and cause them to be safely conducted to the House of Lords A Conference was this day appointed to be had with the Lords Fri day May 7. Heads of a Conference about the present dangers of Portsmouth and the French to acquaint them that divers persons who were suspected to have a hand in the Conspiracy and that in order to the discovery of it should have been Examined were gone that new Informations were brought to the Commons of several French Forces lay in Piccardy to be Transported into England probably into Portsmouth and to desire their Lordships to joyn with this House for the Discovery of these Practices and that some Forces may be drawn out of Wiltshire and Barkshire for securing of Portsmouth Sir Walter Erle was also ordered to go down into Dorsetshire to take care of the preservation and safety of that County Sir Hugh Cholmley to go to the Lords to desire them to move his Majesty that the Earl of Essex in this time of danger may be made Lord Lieutenant of Yorkshire A Proclamation was drawn to bring in Mr. Percy c. WHereas Henry Percy Esq Henry Jermyn Esq Proclamation to bring in Mr. Percy Sir John Suckling Knight William Davenant and Captain Billingsly being by order of the Lords in Parliament to be Examined concerning designs of great danger to the State and mischievous ways to prevent the happy Success and Conclusion of this Parliament have so absented and withdrawn themselves as they cannot be Examined His Majesty by the advice of the said Lords in Parliament doth strictly charge the said Henry Percy Esq Henry Jermyn Esq Sir John Suckling William Davenant and Captain Billingsly to appear before the said Parliament at Westminster within Ten days after the Date hereof upon pain to undergo such forfeitures and punishments as the said Lords shall order and inflict upon them The Earl of Bristol Reported to the Lords House Earl of Bristols Report about disbanding the Irish Army May 7. That his Majesty had taken a resolution for the disbanding of the new Irish Army to that purpose an estimate hath been given in to the King of the Charges that 10000 l. will now do it Whereupon there is order taken for the speedy Raising and Returning of Moneys to that intent And Sir Adam Loftus Vice-Treasurer of Ireland hath engaged himself to repay in September next those Monies shall be disbursed by the Earl of Cork and others in the interim for that purpose That likewise there is care taken how to dispose and imploy the said Soldiers that they may not be troublesome to that Country to that purpose there are Eight Colonels and Captains Nominated who will take off these Men and Transport them to Forreign Parts which his Majesty will give way unto if it be to a Prince that he is in Amity with provided that these Commanders do give the King and Parliament an Account both of their Persons and their Imployers before they have the Command of the Soldiers Mr. White Chair-man of the Committee for Scandalous Ministers Saturday May 8. Reports the matter of Complaint exhibited against Edward Finch Vicar of Christ-Church London Upon which these Votes passed Resolved c. Votes about Mr. Finch Vicar of Christ-Church London That the said Edward Finch is guilty of practising Innovations in the Church Non-Residency foul Extortion neglect of the Duty of his Function and prophaning the Sacrament a Man of prophane Life scandalous in his Doctrine and Conversation and a hinderer of preaching Resolved c. That the said Edward Finch is a man unfit to hold any Benefice or Promotion in the Church Mr. White is Ordered to transmit this Case to the Lords that the Parish may be eased of him Thus early did they begin to strike at Root and Branch of Episcopacy for all those who were obedient to their Governours in the Church or thought God Almighty ought to have bodily Worship and Adoration in those places where he has put his Name and made them Houses of Prayer all those who thought kneeling at the Receiving the Holy Sacrament necessary or any other decent Postures Gestures or Vestments that might outwardly signifie inward Veneration and Homage Lawful and Expedient were upon the slightest Accusations voted Guilty of Innovation Prophaneness and unworthy of any Promotion in the Church And as Mr. Symmons Vindicat of King Charles p. 73. Symmons in his Vindication of King Charles who was an Eye-witness of this terrible Persecution informs us All Accusations against any though the best Ministers by the most malicious and lewdest persons were invited by Ordinance incouraged and admitted of without any proof at all And it can be no wonder that the Orthodox Clergy suffered so deeply both in their Reputation and Estates when not only their Accusers which mostly were the several Sectaries in their Parishes or such others as went about to defraud them of their just Dues were their most inveterate Enemies but their Judges too were frequently both Parties in promoting and managing those Accusations and by their open favouring their Accusers shewed the partiality of Enemies The Faction saw the absolute necessity of getting the power of the Sword into their hands both to justifie what they had already done and to support them in what they intended by their pretended Reformation which was totally to abolish Episcopacy in the Church and to clip the Wings of Prerogative if not wholly to take away the Government of Monarchy it self Now to the accomplishment of this design upon the Militia Navy Forts Magazines and Strength of the Nation all Arts imaginable were used to gain the People the great pretences were Liberty Property and Religion for as Mr. Hambden one of the principal Grandees of the Faction told a private friend without that they could not draw the People to assist them The great Rubb in their way to the gaining of the People they knew would be the Loyal and Orthodox Bishops and Clergy these therefore were to be removed that so Creatures of their own might be introduced into Corporations and especially into the City of London who might from the Pulpit preach the Oracles of Sedition and Rebellion delude the People animate and incourage them to assist the Parliament in this Glorious Reformation by putting the power of the Sword into their hands That they might effect this they did not only obtrude Lecturers by order of the House upon most Churches of Note in London and elsewhere but by their means and the restless malice of the Sectaries were perpetually Petitioning and Articling against the Episcopal Clergy And to encourage this Trade of Parson-hunting as the factious Sectaries called it and which did extreamly tie them to the Parliament a pretended Order of the
could upon occasion and when they had an intention to flatter the King in order to some further Favours do it themselves Thus did this Great Prince indeavour in every thing to oblige this stubborn Faction but alas he met with nothing but ingratitude from their Presbyterian Temper who looked upon what ever he gave as his Duty and construed his most Gracious Concessions to be the Effects of his Fear not his Bounty and from thence they took courage to raise their demands higher as hereafter we shall see This day the Bill for pressing Marriners and others was passed and Ordered to be ingrossed The Earl of Bristol signified to the House of Lords That the Scots Commissioners had desired the Lords Commissioners to present to the Parliament an Extract which they have made of a Letter sent them from the Committee at New-Castle dated the 30th of April which was read Viz. WE find by Sad Experience Extract of a Letter from Newcastle read in the House of Lords that if a way had been invented to ruin us there could not be one more ready then this undermining of us by granting new Cessations and keeping back of the Monies promised for our daily Maintenance which makes us Earnestly to recommend to your Lordships Care the pressing of Money for us with speed and to consider well of our Estate in case any new Cessation be desired We perceive likewise the same Effects to follow upon the Prorogation of the Parliament for the Countrey by delay of Justice stop of Trade keeping up Armes within and sending their Victuals to us is so exhausted that e're it be long this Remedy will be worse then the Disease These Considerations make us to intreat your Lordships with all earnestness to press for an Answer of our Demands and a Conclusion of the Treaty in such a way as your Lordships shall think fitting having respect first to the Cause in hand and next to the Condition of our Army and the Estate of the Country at home Then his Lordship told them that the Scots have received an Answer from the King of those Articles which his Majesty had undertaken to consider of and declared the earnest desire that the Scots Commissioners had exprest to the Lords Commissioners to have an end of the Treaty and the Peace setled that so they may return into their own Countrey Hereupon a Message was sent to the Commons to desire a Conference by a Committee of both Houses presently touching the Treaty of both Kingdoms Divers Recusant Lords declared to their House Some Recusant Lords take the Protestation that they were ready to take the Protestation so much as concerns the Civil part of it so they might be dispensed with for the matters of Religion which binds their Consciences which the House giving way to the Lord Marquiss of Winchester the Earl of Rivers and the Lord Audley made the Protestation accordingly It was this day Ordered That Mr. Tuesday May 11. The Bill for Pressing Seamen passed the Lords House The Lords to intercede with the King for the Wife and Children of the Earl of Strafford Tumults A Conference about the Queen Mother Pym's Speeches at the beginning and end of the Lord Strafford's Trial as also Mr. St. John's Argument in Law should be Printed The Bill for the better Levying of Marriners was read a Third time and being put to the Question It was Resolved That it was fit to pass for a Law Nemine Contradicente It was also Resolved That the House of Lords should become Suitors to his Majesty about the Wife Children and Creditors of the Earl of Strafford that he will be pleased to take them into his Mercy and Consideration There was also a Conference appointed to be had with the Lords that some care may be taken of the Queen-Mother who was threatned by the Rabble A great Character being given of her that she was a person of great moderation and had expressed her desire to the King that he should Govern by Parliaments how dishonourable it would be to this Nation to suffer her to be treated with rudeness and insolence in a place whither she was come expecting Protection They had now raised a Devil to affright the King which they began to be affraid of themselves for the Tumults grew so high that 1000 Seamen being got together about the Tower pull'd down Two Houses opposed the Trained-Bands who were sent to disperse them and in the Fray kill'd two of them and wounded others Upon Report from the Committee for Religion concerning Mr. Wednesday May 12. Votes about Mr. Will. Ashton Vicar of Painswick Ashton Vicar of Painswick It was Resolved c. That the Vicar of Painswick Mr. William Ashton is a common haunter of Ale-houses a common Drunkard a frequent attempter upon the Chastity of Women and unfit to hold any Benefice or Promotion in the Church and the Case to be transmitted to the Lords I do not find this Gentleman Recorded by Mr. White the Chairman of this Scandalous Committee which makes me apt to believe that his Crimes were too slenderly proved to indure the Light and well we may judge him innocent notwithstanding this heavy Charge when even some of those who were recorded in that shameless Book of Centuries who were Accused of Adultery and Drunkenness had those horrid Accusations supported by no other proof than only kissing a Woman in the presence of Company and the drinking only one half pint of Wine but the manner was to lay all manner of Crimes in the Petition and Articles and if any of the least or which they called so such as bowing at the Name of Jesus Preaching against Sacriledge or for Conformity c. were proved the Charge was supposed sufficiently made good and they were Treated accordingly as if they had been the most notorious Criminals and those Crimes most notoriously proved The Bill for the further relief of his Majesties Army and the Northern parts of this Kingdom Bill for the Army c. and for shortning Michaelmas Term passed the Lords House Order to Pillory Harwood and Drinkwawater for Contempt of the House as also the Bill for abbreviating of Michaelmas Term being Thrice read in the House of Lords upon the Question they were severally agreed to be passed as fit for Laws It was also Ordered That Robert Harwood and Thomas Drinkwater for their Contempt of the Orders of the Lords House should be set upon the Pillory in the new Palace-Yard at Westminster there to remain two hours in the Morning with Papers on their Heads with this Inscription For disobeying and using scornful speeches against an Order of the Vpper House of Parliament In the Commons House the Petition of the University of Cambridge for the maintenance of Episcopacy and Cathedrals were read which as I find it in the Collection of Speeches commanded to be Printed by his Majesty to let the Nation see that it was only the Faction that desired their overthrow
of the three Bills for Abbreviation of Michaelmas Term for pressing Marriners and for the Remainder of the six Subsidies May 13. 1641. THE great security of the Kingdom rests in the happy concurrence of the King and People in the Vnity of their hearts These joyned Safety and Plenty attends the Scepter but divided Distraction and Confusion as Bryers and Thorns overspread and make the Land barren No Peace to the King No Prosperity to the People The Duties and Affections of Your Subjects are most Transparent most Clear in the chearful and most liberal Contributions given to knit fast this Vnion with the bond of Peace The Treasures of the privy Purse are but the supplies of Princes warranted by a common Interest But the publick Tribute given by common Assent supports Royal Dignity is sheltered under the Wings of Prerogative and by that Power covered from the Eyes from the Touch of Deceivers In these we render Caesar what is due to Caesar and Tribute to whom Tribute belongeth The proper Inscription of the Crown is born here and Censures those Malignant Spirits that dare whisper into the Ears of Sacred Majesty that our selves only not Your Sacred Person not Your Royal Posterity are the Supreme Objects of the Givers The preservation of the publick Vnion the supply of Your Armies the distresses miserable distresses of the Northern parts the common Calamities of the times begat the consideration of this Bill the Remainder of the six entire Subsidies happily presented to Your Sacred Majesty by this unworthy hand the first Vote advanced a credit to us to issue them for the use of Your Sacred Majesty The full perfection adds growth to that Credit and enables us to return to Your Sacred Majesty as to the Ocean the Tribute due to Justice and Soveraignty These are the vast earnests of our desires which take their rise from the due regard from the safety of Your Throne of Your Posterity Your Royal Assent stamps Your Image here and makes this Yours and Yours only which I by the Commands of the Commons humbly beseech of Your Sacred Majesty to give After which the Clerk of the Crown reading the Titles severally the Clerk of the Parliament pronounced the King's Assent This being done his Majesty delivered a Paper to the House concerning the Draining of the Fens recommending it to their consideration as a business much concerning the good of the Kingdom The Act for restraining Bishops and others in Holy Orders from intermedling with Secular Affairs read a second time This day one Mr. John Smith a Minister in Custody of the Serjeant Attending the House was brought to the Bar and Committed to the Gate-house for words spoken against the Parliament For though all sorts of people spake freely enough against the Actions of the Judges Mr. Smith a Minister committed to the Gatehouse Ministers of State Privy-Councellors nay and of the King himself without the least controll or danger of either punishment or animadversion yet to speak against any thing done or said by the Commons was now become the most dangerous offence and which through the diligence of the well affected Party for so the Dissenters from the Church called themselves who were most notable Informers was certainly complained of to the Commons and by them most severely punished if not by Prisons yet by the great Charges of being kept long in the Custody of the Serjeant at Armes The Explanation of the Protestation formerly mentioned Friday May 14. was this day Ordered to be Printed and Published that so the Presbyterian Party might receive encouragement and assurance of their intention to pull down the Government of the Church by way of a Glorious and thorow Reformation This day Doctor Cozens and some others that are Delinquents in the Impeachment brought up from the House of Commons Dr. Cozens and others at the Bar of the Lords House were called in who kneeled at the Bar and then stood and heard the Impeachment read after it was read Doctor Cozens made his humble request in behalf of himself and the rest that this Cause may be heard publickly before the whole House This day Two Clergy-men who had been informed against in the House of Lords were Released by the following Orders WHereas Andrew Sandeland Clerk Sandeland and Waferer two Clergy Men Released hath been long in Custody for words alledged to have been spoken by him for which this House had just cause to have inflicted punishment upon him if they had been proved but after a long time no Prosecution appearing against him it is Ordered That the said Andrew Sandeland be forthwith discharged and set at liberty of and from his present Restraint or Imprisonment and that any Bond or other Security entered into by the said Andrew Sandeland for his attendance upon this House shall be forthwith Cancelled and delivered up to him Ordered That Michael Waferer Clerk having been long in Custody be forthwith discharged of his Restraint and that his Bonds and other Security given for his Attendance upon this House be delivered up to him to be Cancelled and his Cause dismissed this House because no Prosecutors have this long time appeared The Faction found better Encouragement from the Commons House to prosecute honest men by their false Informations at the Committee for Scandalous Ministers And indeed the Lords House was not at all for their purpose yet while the Bishops and so many of the Loyal Nobility sate there whose Honour and Justice would soon have discovered the Malice of these Accusations This day the Lord St. John's of Bletsoe was Introducted in his Robes Lord St. John of Bletsoe Introduced into the House of Lords between the Lord Hunsden and the Lord Grey of Wark he delivered his Writ upon his knee to the Speaker which being delivered to the Clerk it was read then the Lord Chamberlain and the Lord Moubray in the place of the Earl Marshal his Father and the King at Arms going before him brought him and placed him next below the Lord Hunsden After which he and the Lord Chief Baron took the Protestation The Commons having received an Information against Mr. Saturday May 15. Mr. Davenant and Mr. Walley sent for by the Serjeant as Delinquents Informations against Mr. Percy William Davenant the Poet and Mr. Elias Walley concerning the Business of the Army they were by Order of the House sent for as Delinquents by the Serjeant Also several Informations against Mr. Percy the Earl of Northumberland's Brother which were taken at Chichester were read upon which John Lamb and Robert Merryweather were sent for from Chichester to be Examined upon it and a Conference with the Lords was desired upon it The Earl of Bath reports the Conference Conference about Percy Merryweather and Lamb. That the House of Commons have received certain Information that on Wednesday Night last past was Sevennight Mr. Percy came to Petworth and sent for one Robert Merryweather and borrowed of him
existit at quod in Recordo illo in nullo est errat ' Ide◠Consideratum est quod judicium predictum in omnibus affirmetur in omnibus suo robore effectu stet remanet dicta Causa pro Errore superius assignat ' aut allegat ' in aliquo non obstante super quo Record processum predict ' necnon process ' predict ' Curia Parliamenti ibidem in premissis habit ' è predict ' Curia Parliamenti coram Domino Rege ubicunque c. per predict ' Cur ' Parliamenti Remittentur ac predictus Carolus in Curia Domini Regis coram ipso Rege habeat Executionem judicii predicti versus prefatum Thomam juxta formam effectum judicii illius predict ' Breve de Errore super ' inde non obstante Subscribed by the Clerk of the Parliament and delivered to the Defendant in the Writ of Error 29 May 1641. to be remitted into the King's-Bench that Execution may be had upon the Judgment Mr. Monday May 31. Bills for taking away the Court of Sear-Chamber and regulating the Council Board ingrosted Tuesday June 1. Votes about the Petty Farmers of the Customs Prideaux reports the Bill for taking away the Jurisdiction of the Court of Star-Chamber as being contrary to Law and tending to the bringing in of Arbitrary Government as also a Bill for regulating the proceedings of the Council-Board upon which they were ordered to be ingrossed The House fell this day upon the business of the petty Farmers of the Customs Sir Nicholas Crisp Sir John Nulls Sir John Harrison c. and upon the Debate it was Resolved c. That the Petty Farmers of the Customs taking above three pence in the pound of Merchants Strangers and others of the King's Subjects more then by Law allowed is Illegal Resolved month June 1641. c. That the said Petty Farmers for taking above the said three pence in the pound are Delinquents Resolved c. That the said Petty Farmers are for the said offence liable and ought to make restitution Notwithstanding which in favour of Sir John Harrison Resolved That Sir John Harrison a Member of the House in regard of his great service in advancing fourty thousand pounds shall not be prejudiced as to his sitting in the House Sir John Strangeways moved in the behalf of himself and the 59 that Voted against the Bill of Attainder of Thomas Earl of Strafford that there might be some order taken for their security for that they went in fear of their Lives daily affronts and great abuses being put upon them by licentious people who resorted about the Parliament House But these mighty asserters of the Priviledges of Parliament one of the greatest whereof is freedom of Speech and liberty to Vote according to a Man's Conscience thought not fit in this Case to assert their Priviledge but to leave these worthy Gentlemen at the mercy of the Rabble who were by no means to be disobliged there being further occasion to make use of their Tumultuary Insolence in order to their thorough Reformation This day Mr. Tayler presented his Petition Wednesday June 2. desiring to be restored upon his submission but it was rejected A Debate arising about ways for raising of Mony a Motion was made Motion to bring in Plate to be Coined That in regard Mony could not be procured so suddenly as the present necessity of Affairs required there might be some Expedient thought on to bring in the Plate of the Kingdom to the Mint and it was referred to a Committee to consider of it and what way it might be done The Bill for Regulating the Clerks of the Market being Reported Bill for the Clerk of the Market ingrossed Thursday June 3. Report of the Conference with the Lords about the Bishops Bill was Ordered to be Ingrossed Mr. Pierrepoint Reports the Conference with the Lords concerning the Bill for disabling Bishops to Vote in the House of Peers That their Lordships conceive that the Commons understand not unlawfulness to have any Votes there to mean to be contrary to any Law but of convenience or inconvenience because if they had thought it absolutely unlawful they would not have made Exception of the Vniversities and of such of the Nobility as should happen to be in Holy Orders And for the Bishops Right to Sit and Vote in Parliament their Lordships conceive that both by the Common Law Statutes and constant practice there is no question of it As for inconveniencies their Lordships did not yet Vnderstand any such that might induce them to deprive the Bishops and their Successors of the Right of voting in Parliament but if there be such which they yet know not they will be willing to hear them and take it into Consideration For their Votes in the Star-Chamber Council Table or any Office in Secular Affairs they have fully consented to the desires of the Commons Their Lordships have Excepted the Dean of Westminster as being a Corporation confirmed by Act of Parliament Sexto Eliz. As also that of Durham Ely and Hexam and the several Jurisdictions of those Bishops to keep Courts-Baron there by their Stewards c. And all other Courts Executed by Temporal Officers which their Lordships conceive not to be contrary to this Bill After which the Bill for disarming Recusants being reported Bill for Disarming Recusants ingrossed Bill against New Canons Read first time was ordered to be ingrossed Then a Bill for the making void of certain Canons and Constitutions Ecclesiastical lately made and for the punishment of such Prelates and others as were the framers and makers of them was read the first time The House then Entred upon the consideration of the Scottish Articles some of which were assented to Sir Thomas Widdrington reports the Case of Sir John Corbet Friday June 4th Report of Sir John Corbet's Case upon which these Votes passed Resolved c. That the Imposition of 30 l. per annum laid upon the Subjects of the County of Salop for the Muster Masters Fee by the Earl of Bridgwater Lord Lieutenant of that County is an Illegal Charge and against the Petition of Right and that it is high presumption for a Subject to impose any Tax upon the Subject and that the taking it is at Extortion against the Right of the Subject Resolved c. That the Attachment from the Council Board by which Sir John Corbet was committed was an Illegal Warrant Resolved c. That Sir John Corbet ought to have Reparation for his unjust vexation and imprisonment Resolved c. That the Earl of Bridgwater ought to make Sir John Corbet reparation Resolved c. That the House thinks sit that the Attorney General take the Information in the Star-Chamber against Sir John Corbet off the File and that he take some Course that the Bond which he entred into to attend the Suit at the Hearing be delivered unto him Resolved c. That the Lords
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
Episcopacy which was the general Common Place of declaiming against the Hierarchy and I do it the rather because this Calumny hath like a Leprosie infected not only the Vulgar Minds of all the Schismaticks in the English Dominions but also many Persons of better quality and more abilities and opportunities to free themselves from being imposed upon by such foolish Impostures He tells you The Root of it was Pride the Bishop exalting himself above the Presbyter the Metropolitan above the Bishop and so on And that the very spirit of this Order is a spirit of Pride Exalting it self in the Temple of God over all that is called God which is the very Character the Apostle gives of The Anti-Christ Now that this Prelacy or Order of Episcopacy was not that Antichrist is most manifest from both the Scriptures and the Ecclesiastical History for either the beloved Apostle Saint John who lived and dyed Bishop of Ephesus and himself faw and doubtless Ordained many of those Bishops of Asia must either be himself a member of Anti-Christ or the Order is not Now let the Anti-Episcopal Men take hold of which Horn of the Dilemma they please I am sure the Foundation of their Argument and all the Babel of Confusion which is built upon it must fall It was an unlucky appeal which in the End of his Speech he seems to make to Providence and the Signal Hand of Heaven in Restoring that Government and this Church together with the Fatal Catastrophe of this unfortunate Gentleman and others his Colleagues who were so violently bent upon Ruin of Root and Branch are certainly if Arguments must be drawn from Providence such irrefragable ones in favour of Episcopacy as no Age Ever saw since Israel passed through the Red Sea to the Land of Promise For the Reader 's better Satisfaction in this important Matter the want of a true and good Understanding whereof gave no small Assistance to those dismal Calamities which afterwards befell the Miserable Nations I will present him with a short Abstract of the Judgment of Archbishop Vsher whose Testimony I rather make Use of in this particular because Even the Presbyterian Faction at that time seemed to set a great Value upon him as a Moderate Learned and Pious Man The Reverend and Learned Prelate James Lord Archbishop of Armagh An Abstract of Arch-Bishop Ushers Opinion of Episcopacy being of Apostolical Institution 1641. Primate of Ireland did in the Year 1641. when this Debate was most Violent the Presbyterian Faction indeavouring to Extirpate Episcopacy Root and Branch and to Introduce the Scottish or rather the Old Heretick Aërius his Parity and Identity of Priest and Bishop write a small Pamphlet upon this subject shewing from the Records of Antiquity That the Apostles Ordained Bishops to succeed them in all Churches Which may for Ever Silence these Gainsayers who have nothing in their Mouths but the Antichristian and Lordly Prelacy a Reproach which if traced to the Original of this Institution will at last fall upon the Apostles themselves if not upon Him whom St. Peter stiles The Shepherd and Bishop of our Souls The Book was Printed by G. M. for Thomas Downes and to be sold by William Lee at the Turk's Head in Fleetstreet 1641. To prove that those whom our Translation calls Elders the Greek Presbyters were subordinate to the Bishop he proves That the same Persons whom St. John in the Revelation calls the Angels of the Churches were those whom the Primitive Fathers and the Church then called Bishops and particularly that Timothy was Bishop of Ephesus and that one of those Angels to whom St. John writes was Successor to him which he proves First by the Succession of Bishops Secondly by the Testimony of Ignatius and others For the first it was publickly declared by Leontius Bishop of Magnesia in the General Councel of Chalcedon Act. 2 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That from Timothy and therefore by undeniable consequence from the very dayes in which the Apostles lived there had been a Continued Succession of Twenty seven Bishops all of them Ordained in Ephesus That Beza himself in his Commentaries confesseth as much that Timothy had been sometimes the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Antistes or President of the Ephesian Presbytery which is the Appellation which Justin Martyr gives unto him whom the other Fathers term a Bishop and that Timothy was Ordained Bishop of the Church of the Ephesians is confirmed by the Testimony of Eusebius Hist lib. 3. c. 4. as also by Two Ancient Treatises concerning the Martyrdom of Timothy one Anonymous in the Library of Photius the other bearing the name of Polycrates who was himself Bishop of Ephesus and born within 37 Years after St. John wrote the Revelations That Onesimus was Bishop of Ephesus and consequently the Angel of that Church to whom St. John writ the Epistle in the Revelation he proves from Ignatius Now Ignatius whom Theodoret in Dialogo 1. Foelix 3. in Epistola ad Zenonem Imperatorem recitata in 5 Synodo Costantinopol Act 1. Tomo 2. Concil pag. 220. Edit Binii Anno 1606. As also Johan Antiochenus Chronic. lib. 10. M. S. report to have been Ordained Bishop of Antioch by St. Peter without all controversie did sit in that See the very same time when St. John writ that Epistle to the Angel of the Church of Ephesus for St. John writ his Revelation towards the End of the Empire of Domitian as Ireneus testifies or in the 14th Year of his Reign as Eusebius and Hierom say from thence there are but 12 Years to the 10th of Trajan wherein Ignatius in that last Journey which he made for the consummation of his Glorious Martyrdom at Rome wrote another Epistle unto the Church at Ephesus making mention therein of Onesimus as their Bishop and puts them in mind of their duty to him and concurring with him as their worthy Presbytery did He further tells us that Polycarpus was then Bishop of Smyrna when St. John wrote to the Angel of the Church there of whom Irenaeus who did no tonly know those worthy men who succeeded Polycarp in that See but also was present when he himself did discourse of his Conversation with St. John and of those things which he heard from those who had seen our Blessed Lord Jesus saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Polycarpus saith he was not only a Disciple of the Apostles and conversed with many of those who had seen Christ but was also by the Apostles themselves constituted in Asia Bishop of the Church in Smyrna whom we our selves also did see in our Younger Years for he continued long and being very aged he most Gloriously and Nobly suffering Martyrdom departed this life Iren. lib. 3. cap. 3. He gives us an Account of what Irenaeus and Tertullian write concerning the Bishops succeeding the Apostles writing against the Hereticks of those Early Ages Habemus annumerare eos qui ab Apostolis Instituti sunt Episcopi in Ecclesiis
the Commons House Thursday June 17. by which it will appear at what a Rate the Reformation was to be purchased when the first Account Run so high  l. It appeared that there was due to the Kings Army The State of the Account of the Armies 462050 There hath been paid to the Kings Army 150000 Rests due to the Kings Army 312050 There is due to the Scottish Army 216750 Due to the Scots for Shipping 4000 Total due to the Scots 220750 There hath been paid to the Scots 105000 Rests due to the Scots 115750 Total due to English and Scots 427800 Brotherly Assistance to be paid presently 80000 To pay this there is in View  Due from the Customers upon Composition 150000 Due from the Petty-Customers Composition 15000 From the City promised to be Lent 40000 Total 205000 To be provided more 302800 Off the Old Subsidies 300000 New Subsidies 400000 Customers 165000 Total raised and to be raised 865000 The Debate about the Poll-Bill was this Day agitated in the House of Commons whereupon it was agreed Friday June 18. That every Duke shall pay 100 pounds Every Marquess 80 pounds Votes and Rates of the Poll-Bill Every Earl 60 pounds Every Viscount 50 pounds Every Lord 40 pounds Every Bishop 60 pounds Every Dean 40 pounds Every Canon Residentiary 20 pounds Every Prebendary 10 pounds Every Rector for 100 l. per annum 5 pounds Every Baronet and Knight of the Bath 30 pounds Every Knight 20 pounds Every Esquire 10 pounds Every Gentleman of 100 l. per annum 5 pounds Aldermen of London the same Rate with Knights And for other Persons all above the Age of 16 Years Except such as receive Alms to pay 12 pence per pole Recusants of all Ranks to pay double Lord Mayor of London 40 pounds Aldermen Knights 20 pounds Aldermen Deputies 15 pounds Common Council men 5 pounds Master and Wardens of the 12 Companies 10 pounds Every one of the Livery 5 pounds Master and Wardens of the other Companies and such as have fined for Master or Wardens 5 pounds Every one of the Livery 50 shillings Every Freeman of the 12 Companies 20 shillings Every Freeman of the other Companies except Porters and Watermen 20 shillings Every Merchant Stranger being a Knight 40 pounds Every Merchant Stranger at Sea 10 pounds At Land 5 pounds English Merchants in Land not Free 5 pounds Factors 40 shillings Handicrafts-men Strangers 2 shillings per pole If House-Keeper or Papist 4 shillings Widows according to the Degrees of their Husbands Serjeants at Law 20 pounds Kings Serjeants 25 pounds King Queen and Princes Council 20 pounds Dr. of Law and Physick 10 pounds If Papists 20 pounds Arch-Deacons 15 pounds Chancellors and Commissaries 15 pounds Every man of 100 pounds 5 pounds Every man of 50 l. per annum 50 shillings Every one that can dispend 20 pounds per annum 5 shillings Saturday June 19. Bill against Pluralities and Non-residence passed the Commons The Bill against Pluralities and Non-Residence was this day read the third time in the Commons House and being passed was carried up to the Lords for their Assent By this Act it was provided That whosoever had two Livings should before the 21 of September next following resign one of them And that if any Clergy-man should be absent at any time 60 days from his Living he should ipso facto forfeit it A Message was brought from the House of Commons by John Hampden Esq The Bill a-against Pluralities brought up to the Lords who brought up a Bill which had passed the House of Commons Entituled An Act against the enjoyment of Pluralities of Benefices by Spiritual Persons and Non-residence And desires that their Lordships would give such dispatch to the Three Bills lately sent up 1. Concerning the Star-Chamber and the Privy Council 2. Concerning the High Commission Court The Third Concerning disarming of Recusants as may stand with their Lordships conveniency Upon which the said Bill was read the first time Bill against Ship-Money read a second time The Bill of Tonnage and Poundage passed the Lords House The Bill against Ship-mony was also read a second time This day was read the third time the Bill Entituled An Act of a Subsidy granted to the King of Tonnage and Poundage and other Sums of Mony payable upon Merchandzie Exported and Imported And being put to the Question it was Resolved Nemine Contradicente to pass as a Law and the L. Great Chamberlain L. Steward L. Chamberlain E. Holland were appointed from this House to move his Maiesty to appoint a time to give his Royal Assent This day Colonel Goring was again Examined by the House upon several Interrogatories Monday June 21. Goring further Examined upon which he deposed That Sir John Suckling first told him of that design about the middle of Lent last and that afterwards meeting with Mr. Jermyn he desired that he would meet him at White-hill on the Queens side for that he was to speak with her Majesty and would confer with him concerning the Army where meeting at the Queens drawing Chamber her Majesty told him the King would speak with him whereupon meeting with the King his Majesty told him that he was minded to set his Army into a good Posture being advised thereto by my Lord of Bristol as he said and his Majesty then commanded him to joyn with Mr. Percy and some others in that business Now because hereafter when the Faction flew out into open Rebellion they did endeavour to improve this into a scandal against the King as if he were in the design to bring up the Army against the Parliament thereby to render him odious to his Subjects and especially the Nonconformists who made the House of Commons their great Idol the Reader is desired to compare this Passage of Goring's Deposition wherein he tacitly seems to bring the King in as the Author of his entring into the Confederacy whereas in that first confession of his he gives an account that he fell in among them upon the account of the Discourse of endeavouring the redress of the Grievances of the Army and that thereupon finding them full of discontents and as he thought entring upon Resolutions of dangerous Consequence to the Common-wealth and his Majesties safety he continued his Correspondency with them and took the Oath of Secrecy purposely with an intention to disclose the matters and discover them to the Parliament in proof of which original intention of his Confederating with them he tells us He had before-hand provided for his own security by imparting the matter to some great Lords telling them that in a little time he should have occasion as he thought to acquaint them further with some things of great importance The House was this day Resolved into a Grand Committee of the whole House upon the Debate of the Root and Branch Bill Monday June 21. upon which occasion Sir Edward Deering made this following Speech as I find
Members and Assistants of this House as they shall nominate may be Examined Whereupon it was Ordered That this House will joyn with the House of Commons in this Message Ordered That the same deputed Lords do take the Examination of Witnesses upon Oath in the Cause concerning the Arch-Bishop of Canterbury as were deputed in the Earl of Strafford 's and the same Oath to be Administred and the same Course to be observed in the rest of the Particulars Ordered That the now Earl of Bedford shall be added to the Deputed Lords in his Father's room and Mr. Attorney General and Mr. Serjeant Glanvile are appointed to write down the Examinations This afternoon A standing Order of the House it being a considerable time before there were Forty Members to make a House it was Ordered That so soon as the House Sits and that the Serjeant comes to any Committee then Sitting to signifie to them that the House is Sitting that the Chair-man shall immediately come away to attend the Service of the House Ordered That the Committee for the Bishop of Bath and Wells sit to morrow in the Afternoon at Two of the Clock in the Dutchy Chamber The Case of one Mr. Smith a Minister Votes in the Case of Mr. Smith a suspended Minister formerly suspended by Sir John Lamb being reported to the House it was Resolved c. That Mr. Smith was illegally suspended by Sir John Lamb and that Sir John Lamb ought to give him reparation and satisfaction for his damages sustain'd by that Suspension Mr. Hide reports the Articles against Sir John Bramston Knight Mr. Hide Reports the Articles against Lord Chief Justice Bramston The Controversy between the Lord Major and Commonalty of London about Election of one Sheriff heard Lord Chief Justice of the King's-Bench All which being singly Voted together with the Title were ordered to be ingrossed in order to their being carried up to the Lords Upon the opening of the Cause between the Lord Mayor and Aldermen and the Commonalty of London concerning the Election of one of the Sheriffs which formerly hath been chosen by the Lord Mayor and presented to the Commonalty on Midsummer-day for their Confirmation and likewise the differences concerning the Nomination and Election of other Officers now in question between the said Lord Mayor and the Commonalty the Lord Mayor alledging the said Sheriff and Officers to be Nominated and Confirmed by him according to the constant practice of the said City for 300 years last past without any contradiction or gain-saying But the Commonalty alledging on the behalf of the Commons that they had interest in the said Nomination and Elections It was thereupon Ordered by the Lords in Parliament That the said Lord Mayor shall call a Common-Hall on Friday 2 July 1641. Which Common-Hall is to consist of the Masters and Wardens and Livery-men of the several Companies of London and no other And that the Commonalty are then to Assemble in a peaceable and quiet manner to settle and compose the Dfferences between the said Lord Mayor and themselves if they can if not then to make choice of Six discreet persons of the said Commonalty to treat and debate this business between them and settle and compose all differences among themselves between this and Friday come seven-night being the Ninth of July 1641. But in case the said Differences cannot be composed then the pleasure of the House is that the said Cause shall be heard in open House at the Bar on the said Ninth of July And that in the mean time the said Persons so chosen as aforesaid shall have free liberty by themselves their Council and others that they shall employ to View and Transcribe such and so much of the Charters of the said City Acts of Common Council Books of Entries of Elections and Accompts and all such other Acts and Records as shall or may concernt the said Causes in Question and that all Clerks and others in whose Custody the said Instruments are shall be assisting to the said Searchers And lastly that if the Cause shall come before the Lords in Parliament that then the said six Persons so chosen as aforesaid shall attend the same before their Lordships Thus Early did the Faction grasp at every thing of Power and Authority and the Common-Halls indeavouring to divert the Lord Mayor of his Priviledges was but a fore-runner that the House of Commons would do the same and set up the Popular Authority above that of their Soveraign Lord the King of whom the Lord Mayor was the immediate Representative Then the Earl of Bristol Reported to the House The Earl of Bristol's Report of the Scots Commissioners Answer about the staying the Kings Journey June 29. 1641. That the Lords Commissioners had met with the Commissioners of Scotland and delivered unto them the Paper concerning the time of his Majesties Journey into Scotland Which was read in haec verba Viz. His Majesty hath Commanded us to let you know That whereas he hath been Petitioned by both Houses of Parliament for some stay of his Journey to Scotland until the Armies be Disbanded and that divers other things for the Peace and Good of this Kingdom be setled And whereas his Majesty doth acknowledg himself ingaged by his Promise and by his Letters as likewise by his late Proclamation declaring his Resolution to be present at the Holding of the Parliament in Scotland at the day in the Proclamation limited his Majesty being desirous to give Satisfaction to the Parliaments of both Kingdoms hath Commanded Us to declare unto you the Desire of the Parliament of England and to Treat with you how his Going may be best Fitted and Accommodated to the Convenience of both Kingdoms and the Desire of both Parliaments Then was read the Scottish Commissioners Answer hereunto which follows We do with all Thankfulness acknowledg his Majesties Royal and Tender Care of Settling the Affairs of his Ancient and Native Kingdome of Scotland and the Constancy of his Resolution according to his Royal Promise and Proclamation to be present at the Day appointed Our Affection also toward the Settling of the Affairs of England and the Desires of the Houses of Parliament that his Majesties Journey to Scotland may be stayed for some time to that Effect do so far prevail with us that we shall deal most Earnestly with the Parliament of Scotland That they Adjourn their Meeting till the 5th of August or if they shall find that a new Adjournment of the Parliament after so many Prorogations be so prejudicial to the present Condition of the Affairs of that Kingdom that it cannot be granted We will Endeavour That they may in their Meetings be only Exercised in preparing Matters for the Parliament and that they determine nothing nor make any Act till the day Designed for his Majesties coming But withall we must signifie That the present Constitution of that Kingdom for want of Councel Session and other Courts of
the right Way It behoves us therefore and is expedient that we should add a Period to these Irregular ways that the Vulgar may no longer wander ill in these distracted parts Master Speaker I have now unloaded my mind of her weary burthen and I beseech you digest my words with your serious considerations in this respect of establishing the Church-Government in true sincere perfect and unpoluted Religion which if we do perform and fully effect we shall do great Honour to God get great Credit to our Selves and give great Satisfaction to the whole Kingdom This is my Opinion this is my Expectation this is my Prayer and lastly this is my Hope A Message was sent this Morning from the House of Commons by the Lord Viscount Wainman Message about a Bill for Clerk of the Market c. who said he was Commanded to deliver to their Lordships Three Bills which had passed the House of Commons 1. Entituled An Act for the better ordering the Office of Clerk of the Market allowed and confirmed by this Statute and for the Reformation of the false Weights and Measures 2. An Act against divers Encroachments and Oppressions in the Stannery Courts 3. An Act for the Confirmation of his Majesty's Letters Patents to the Town of Plymouth and for dividing the Parish and building of a new Church And he was further to desire a dispatch of some Bills brought up formerly as the Bill against Pluralities and that their Lordships would appoint some time when their Lordships shall be at leisure that the Commons may come up with the Impeachment against the Judges The Answer which was returned to the Message was The Lords Answer That their Lordships will give a dispatch to these Bills now brought up with all convenient speed and will in a short time give a dispatch to the Bill against Pluralities And further it was told them That their Lordships have appointed great business this Morning concerning the safety of the Kingdom but will Sit this Afternoon at Three of the Clock at which time they will give the House of Commons a meeting concerning the Impeachments of the Judges The House of Commons this Day fell upon the matter of their Priviledges in the Case of Mr. Hollis and others 3 Car. Tuesday July 6. and upon the Debate of the House came to these following Votes Votes about Priviledge in the Case of Hollis c. 3 Car. Resolved c. That the Warrants of the Lords and others of the Privy Council compelling Mr. Hollis and others to appear before them during that Parliament is a Breach of Priviledg Resolved c. That the Committing of Mr. Hollis and others by the Lords and others of the Privy Council 3 Car. during that Parliament is a Breach of Priviledg Resolved c. That the Searching and Sealing of the Chambers Studies and Papers of Mr. Hollis Mr. Selden and Sir John Eliot being Members of Parliament and issuing out Warrants for that purpose is a breach of Priviledg Resolved c. That the Exhibiting an Information in the Court of Star-Chamber against Mr. Hollis and others for Matters done by them in Parliament being Members of Parliament is a breach of Priviledg Resolved c. That Sir Robert Heath Sir Humphrey Davenport Sir Heneage Finch Mr. Hudson and Sir Robert Berkley that subscribed the said Informations are guilty of the breach of Priviledg Resolved c. That there was a Delay of Justice towards Mr. Hollis and others upon the Habeas Corpora in that they were not Bayled in Easter or Trinity Term 5 Car. Resolved c. That Sir Nicholas Hide then Lord Chief Justice of the Court of Kings-Bench is guilty of this Delay Resolved c. That Sir William Jones one of the Justices of the Kings-Bench is guilty of this Delay Resolved c. That Sir James Whitlock Knight one of the Justices of the Kings-Bench is guilty of this Delay A Conference was had with the Lords in the Painted Chamber at the transmitting of the Impeachments of the Judges at which time Mr. William Perpoint upon the reading the Articles against Sir Robert Berkley Knight one of the Justices of the Court of Kings-Bench made this Speech in aggravation of their Crimes My Lords I Am Commanded to present to your Lordships these Articles Mr. William Perpoint's Speech at the Impeachment of Sir Robert Berkley July 6. 1641. with which the Knights Citizens and Burgesses of the Commons House of Parliament in their own Name and in the Name of all the Commons of England Impeach Sir Robert Berkley Knight one of the Justices of his Majesties Court of Kings-Bench in maintenance of their Accusation of High Treason and other great Misdemeanours The Articles they desire may be read The Articles were read by Mr. Newport The High Treason is in the first Article in his Endeavours to Subvert the Fundamental Laws of this Realm and to introduce an Arbitrary and Tyrannical Government which hath been lately adjudged Treason in the Cause of the Earl of Strafford The other Articles prove the first By his Opinions Certificates Judgments by his denials of the benefits of our Laws which have been read to your Lordships No Fundamental Law to the Subject is left our Goods our Lands our Bodies the peace of a good Conscience are by him given up to Arbitrary Tyrannical Government Nothing hath been omitted to make a Judge know the Lawes to make him Just or fear him from being Evil We have Inns of Court peculiar to that Study Judges from thence onely chosen seldom any but what have been Twenty Years there Honours and Revenues are given to Judges Encouragements to do well this Judge had these Judges are sworn according to Law to serve the King and his People according to Law to Counsel the King and for not so doing to be at his Will for Body Lands and Goods this Judge took that Oath The Lawes the Judges study impose the greatest punishments upon unjust Judges shew that these punishments have been inflicted more could not be done to perswade or fear a Judge His Offences shew in him great Ambition yet he was most timorous of displeasing the Great in Power He did not only forbear doing what he was sworn to do but was most active against our Laws and in opposing and punishing any that did maintain them To have only received Bribes though they blind the Eyes and though the Desire to get Money encreaseth with Age that hainous Crime in a Judge had been in comparison with his Offences a tolerable Vice for from such a Judge Justice is also to be had for money Ambition is violent and ruines whilst Covetousness is making a Bargain The words of his Opinion and Judgment are for the King's Power It is pleasing to the Nature of Man that others should obey his Will and well framed dispositions of Princes may easily be perswaded their Power is unlimited when they are also put in mind that therefore they have
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
for a Prohibition to stay Proceedings in the Court Christian at Norwich and delivered into the said Court of Kings-Bench his Suggestions that the said Cause in the said Court Christian was for Tythes for Rents of Houses in Norwich which was determinable by the Common Law only yet he the said Sir John Brampston being Chief Justice of the said Court of Kings-Bench and sitting the said Court deferred to grant a Prohibition to the said Court Christian in the said Cause although the Councel did move in the said Court several Times and several Terms for a Prohibition And he the said Sir John Brampston deferred to grant His Majesties Writs of Prohibition to several Courts on the Motions of divers others of His Majesties Subjects where the same by Laws of this Realm ought to have been granted contrary to the Laws of this Realm and his own knowledg 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 John Brampston and also of replying to the Answer that he the said Sir John Brampston shall make unto the said Articles or any of them or of offering Proofs of the Premisses or any of their Impeachments or Accusations that shall be exhibited by them as the Case shall according to the Course of Parliament require do pray that the said Sir John Brampston Lord Chief Justice of the Court of Kings-Bench may be put to answer to all and every the Premisses and that such Proceedings Examinations Tryals and Judgments may be upon every of them had and used as is agreeable to Law and Justice Mr. Hollis also according to the Order of the House of Commons at this Conference made application to their Lordships in the behalf of Sir Randal Crew in this manner My Lords THese Gentlemen have represented unto your Lordships the sad object of Justice perverted Liberty oppressed Mr. Denzil Hollis his Speech about Sir Randal Crew July 6. 1641. of Judgment turned into Worm-wood the Laws which should be the Bars of our Gates to protect us keep us and all that is ours in safety made weak and impotent to betray us unto the hands of violence instead of Props to support us become broken Reeds to deceive us and run into our sides when we lean upon them even so many snares to entrap and entangle us And all this by the perfidiousness of those who are entrusted with our Laws who call themselves the Guardians and the Interpreters of the Law but by their accursed Glosses have confounded the Text and made it speak another Language and another Sense than ever our Ancestors the Law-makers intended Our Ancestors made Laws to keep themselves their posterity after them in the possession of their Estates these Judges could make the Law it self rob us and despoil us of our Estates Were we invaded and persecuted at any time for pretended Crimes or rather because they were free from Crime And did we put our selves upon a legal defence and shelter our selves under the Buckler of the Law use those Lawful Weapons which Justice and Truth and the Common Right of the Subject did put into our hands would this avail us No these Judges would make the Law wrest our Weapons from us disarm us take away all our defence expunge our Answers even bind us hand and foot and so expose us naked and bound to the mercilesness of our Oppressors were our Persons forced and imprisoned by an Act of Power would the Law relieve us when we appealed unto it No it would joyn hands with violence and add bitterness to our sorrow these Judges would not hear us when we did cry no importunity could get a Habeas Corpus Nay our cryes would displease them and they would beat us for crying and over-do the unjust Judge in the Gospel with whom yet importunity could prevail My Lords The Commons of England finding themselves in this lamentable condition by the wickedness of these Judges It is no wonder that we complain of them it is no wonder if the Knights Citizens and Burgesses Assembled in Parliament have sent up some of their Members to stand upon Mount Ebal to Curse these Judges to denounce a Curse upon them who have removed our Land-marks have taken away the Bound-stones of the Propriety of the Subject have left no Meum Tuum but he that had most might had most right and the Law was sure to be on his side It hath been the part of these Gentlemen who have spoken before me to pray for justice upon those men who would not do justice to others My Lords I come upon another Errand and yet for justice too for there is justice upon Mount Gerezim as well as upon Mount Ebal It is as great a point of justice to give a blessing a reward where it is due as punishment where punishment is due For reward and punishment Praemium poena be the two legs that Justice walks on and reward is her right leg the more noble and the more glorius Supporter of that Sacred and Divine Body that which God himself the Foundation of Justice doth more delight in Tradior ad poenas Deus est ad praemia velox Punishment is good as Physick in the Consequence Reward as wholesome and nourishing Food in the Essence the one we do because we must do it as necessary the other because we love to do it as being pleasing and delightful Your Lordships then I doubt not will as willingly joyn with the Commons in doing good to a good Judge as in punishing of the bad My Lords We honour them and reckon them Martyrs for the Common-wealth who suffer any thing by defending the Common Right of the Subject when they will not part with their own Goods contrary to Law when indeed their private interest goes along with it or rather before it and the publick Concernment seems to come but in a second place such were those many whom these Judges have oppressed yet these Men we magnifie and judge worthy of Praise and Reward But what honour then is he worthy of who meerly for the publick hath suffered himself to be divested and deprived of his particular such a Judge as would lose his place rather than do that which his Conscience told him was prejudicial to the Common-wealth Is not he worthy of double honour And this did that Worthy Reverend Judge the chief Judge of England at that time Sir Randol Crew because he would not by subscribing countenance the Loan in the first year of the King contrary to his Oath and Conscience he drew upon himself the displeasure of some great Persons about his Majesty who put on that project which was afterwards condemned by the Petition of Right in the Parliament of Tertio as unjust and unlawful and by that means he lost his place of Chief Justice of the King's-Bench and hath these fourteen years by keeping his innocency lost the
Conference about it The House of Lords was turned into a Committee to debate the 4th Head brought from the House of Commons concerning the Queens Majesty and the first Branch was agreed to The further Debate of the 10 Propositions by the Lords To the Second Article It was agreed to Joyn with the House of Commons to move the King That he will be pleased not to give his Consent to the same hereafter it being against the Laws of this Kingdome To the Third concerning the Colledg of Capuchins at Denmark-House agreed The 4th not now Resolved There was a Debate in the Commons House Thursday July 8. concerning the Forreign Ambassadors entertaining and sheltering Romish Priests and Jesuits Natives of his Majesties Dominions upon which it came to this Vote Resolved c. That this House doth declare That no Forreign Ambassador whatsoever ought to shelter or harbour any Popish Priest or Jesuit Vote against Forreign Ambassadors Entertaining Romish Priests Natives of the Kings Dominions that are Natives of the Kings Dominions under pretence of being their Servants or otherwise And the Committee for the 10 Propositions to his Majesty about his Journey are to present this Declaration to the Lords Committee appointed to meet them and to desire their Lordships to Joyn with this House to Petition his Majesty that this may accordingly be observed The Cessation was Voted to continue 14 dayes longer from Munday next Cessation prolonged The House then reassumed the Debate about Mr. Hollis and others Imprisoned and Fined 3 Car. and came to these Votes Further Votes about Mr. Hollis c. 3 Car. Resolved c. That Sir George Crook one of the Justices of the Kings Bench is not Guilty of the delay in granting the Habeas Corpus to Mr. Hollis c. Resolved c. That the continuance of Mr. Hollis c. 3 Car. in Prison by the then Judges of the Kings Bench for not putting in Sureties for the Good Behaviour was without Just or Legal Cause Resolved c. That the Exhibiting the Information against Mr Hollis Sir John Eliot and Mr. Valentine in the Kings Bench being Members of Parliament and for matters done in Parliament was a breach of Priviledge of Parliament Resolved c. That the Judgment given upon Nihil dicit against Mr. Hollis Sir John Eliot and Mr. Valentine and the Fines thereupon Imposed and their several Imprisonments thereupon was against the Law and the Priviledg of Parliament Resolved c. That the several proceedings against Mr. Hollis Sir John Eliot and Mr. Valentine by committing them and Prosecuting them in the Star-Chamber and the Kings Bench is a Grievance Resolved c. That Mr. Hollis Mr. Strode Mr. Valentine Mr. Long and the Heirs and Executors of Sir John Eliot Sir Miles Hobart and Mr. Peter Heyman respectively ought to have reparation for their respective Damages and Sufferings against the Lords and others of the Council by whose means they were apprehended and committed against the Council that put their Hands to the Information in the Star-Chamber and the Judges of the Kings Bench. Resolved c. That Mr. Laurence Whittacre being a Member of the Parliament 3 Car. and entring into the Chamber of Sir John Eliot being likewise a Member of that Parliament searching of his Trunk and Papers and Sealing of them is Guilty of the Breach of Priviledg of Parliament this being done before the dissolution of the Parliament Resolved c. That Mr. Laurence Whittacre being guilty of the Breach of the Priviledg of Parliament as aforesaid shall be sent forthwith to the Tower there to remain a Prisoner during the Pleasure of the House Whereupon Mr. Whittacre being called down Mr. Lau. Whittacre sent to the Tower for Breach of Privilege 3 Car. and kneeling at the Bar Mr. Speaker pronounced this Sentence against him Mr. Whittacre then desired permission of the House to speak for himself which being granted he said That he did freely confess the matter of Fact and that he should not endeavour to extenuate it by the Confusion of the times but that he had only this to plead in mitigation of the Sentence that it was an Error committed so long ago being now 13 years since and that he was commanded to do what he did by Warrant from the King himself and three and Twenty Privy Councellors But all this availed him nothing for he was immediately sent to the Tower Now for the Readers satisfaction and that he may have a clear understanding of this affair it will I think not be unacceptable to present him with these following Papers relating to this affair There were several Questions proposed to the three Chief Judges to which they gave these Answers Quere I. There solutions of the Three Chief Judges about matters in the Parliament 3 Car. WHether a Parliament Man offending the King Criminally or Contemptuously in the Parliament House and not then punished may not be punished out of Parliament Answer We conceive That if a Parliament Man exceeding the Priviledge of Parliament do Criminally or Contemptuously offend the King in the Parliament House and not there punished may be punished out of Parliament Quere II. Whether the King as he hath the power of Calling and Dissolving a Parliament have not also an absolute power to cause it to be Adjourned at his pleasure Answer We conceive That the King hath the Power of Commanding of Adjournments of Parliaments as well as of Calling Prorogueing and Dissolving of Parliaments But for the manner thereof or the more particular Answer to this and the next subsequent Question we refer our selves to the Precedents of both Houses Quere III. Whether if the King do Command an Adjournment to be made he hath not also power to Command all further proceedings in Parliament to cease at that time Quere IV. Whether it be not a high Contempt in a Member of the House contrary to the King 's express Commandment Contemptuously to oppose the Adjournment Answer The King 's express Commandment being signified for an Adjournment if any after that shall Tumultuously oppose it further or otherwise then the Priviledge of the House will Warrant This we conceive to be a great Contempt Quere V. Whether if a few Parliament-Men do Conspire together to stir up ill Affections in the People against the King and the Government and to leave the Parliament with such a loose and by words or writings put it in Execution and this not punished in Parliament it be an offence punishable out of Parliament Answer We conceive this Offence to be punishable out of Parliament Quere VI. Whether if some Parliament-Men shall Conspire together to publish Papers containing false and scandalous Rumors against the Lords of the Privy Council or any one or more of them not to the end to Question them in a Legal or Parliamentary way but to bring them into Hatred of the People and the Government into Contempt and to make Discord between the Lords
and Commons Is not this an offence punishable out of Parliament Answer We conceive this also to be an Offence punishable out of Parliament Quere VII If Two or Three or more of the Parliament shall Conspire to defame the King's Government and to deter his Subjects from Obeying or Assisting the King Of what nature this Offence is Answer The Nature and Quality of this Offence will be greater or lesser as the Circumstances shall fall out upon the Truth of the Fact Quere VIII Can any Priviledge of the House Warrant a Tumultuous Proceeding Answer We humbly conceive That an earnest though a disorderly and confused proceeding in such a Multitude may be called Tumultuous and yet the Priviledge of the House may Warrant it We in all humbleness are willing to satisfie Your Majesties Command but until the Particulars of the Fact do appear we can give no directer Answers then before And particularly as to the Second Quere about the King's Power of Adjourning as well as Calling and Dissolving of Parliaments these following Parliamentary Precedents were given in Mercur. 4. Aprilis 1. Jac. Sess 1. Mr. Speaker pronounceth His Majesties Pleasure of Adjourning the House till 11th Parliamentary Presidents about Adjournments by the King of April and it was so done Jovis 18. Dec. 1606. The Lords by their Messengers signified the King's Pleasure that the Session should be Adjourned till the 10th of February following Upon this Message Mr. Speaker Adjourned the House according to His Majesties said Pleasure Martis 31. Martii 1607. The Speaker delivered the King's Pleasure that the House should be A journned till Munday 20. April following Mercurii 20. Maii 1607. Mr. Speaker signified the King's Pleasure about Nine a Clock to Adjourn the House till the 27th of the same Month. And 27th of May he being Challenged for Adjourning without the Privity of the House he excuseth it and saith as the House had power to Adjourn themselves so the King had a Superior Power and by His Command he did it Veneris 30 Martii 1610. His Majestie 's Pleasure to Adjourn from Tuesday till Munday Sevenight 11. July The King by Commission Adjourneth the Lords House Messengers sent to the Commons They send by Messengers of their own to the Lords that they use to Adjourn themselves The Commission is sent down Mr. Speaker Adjourneth the House till the first of August 26. Febr. 4. Car. Mr. Speaker signifieth His Majestie 's Pleasure that the House be presently Adjourned till Munday next and in the mean time all Committees and other proceedings to cease And thereupon Mr. Speaker in the Name of the House Adjourned the same accordingly And for a short Account of this Affair take this out of Crook's Reports Cro. 3. Part The King versus Sir John Elliot Denzill Hollis and Benjamin Valentine fol. 181. Hill Term. 5 Car. AN Information was exhibited against Sir John Elliot Sir John Elliot's Case c. about the business 3 Car. out of Crook's Reports Denzil Hollis and Benjamin Valentine by the Attorney General c. To which the Defendants appearing pleaded to the Jurisdiction of the Court That the Court ought not to have Conusance thereof because it is for Offences done in Parliament and ought to be there Examined and Punished and not elsewhere It was thereupon demurred and after Argument adjudged That they ought to Answer for the Charge is for Conspiracy Seditious Acts and Practices to stop the Adjournment of Parliament which may be examined out of Parliament being Seditious and Unlawful Acts and this Court may take Conusance and punish them Afterwards divers Rules being given to Plead and they refusing Judgment was given against them viz. Against Sir John Elliot that he should be committed to the Tower and should pay Two Thousand Pounds Fine and upon his Inlargement should find Sureties for his Good Behavior And against Hollis That he should pay a Thousand Marks and should be Imprisoned and find Sureties c. And against Valentine That he should pay Five Hundred Pound Fine be Imprisoned and find Sureties Note That afterward in the Parliament 17 Car. It was resolved by the House of Commons That they should have Recompence for their Damages Losses Imprisonments and Sufferings sustained for the Services of the Common-Wealth in Parliament of 3 Car. Note In the Session of Parliament Anno 19 20 Car. 2. a Motion was made by a Commoner to have this and some other like Resolutions expunged out of our Law-Books that Students might not be poysoned therewith and a Committee was accordingly appointed to inspect them And accordingly upon Report made by Mr. Vaughan from the Committee about freedom of Speech in Parliament it was Resolved among other Votes That the Judgment given 5 Car. against Sir John Elliot c. in the Kings-Bench is an Illegal Judgment and against the Freedom and Priviledg of Parliament The Concurrence of the Lords was desired and their Lordships Concurred with the Commoners Upon the Petition of Commissary Wilmot and Colonel Ashburnham Commissary Wilmot and Colonel â—shburnham Bailed it was Resolved c. That Commissary Wilmot and Colonel Ashburnham shall be bailed in the same manner that Captain Pollard was Resolved c. That a Warrant shall issue under Mr. Speaker's hand to the Lieutenant of the Tower to deliver them into the Serjeant's hand It was further Ordered That Colonel Goring Commissary Wilmot and Colonel Ashburnham shall not offer any violence one to another Colonel Goring being present in the House promised to observe the Injunction and Commissary Wilmot and Colonel Ashburnham were ordered to give satisfaction to the House under their hands that they will observe this Command of the House Upon his Petition it was likewise Ordered That Mr. Mr. William Davenant Bailed William Davenant should be bailed upon such Security as the House shall allow of Dudley Smith Esq and William Champneys Esq Sewers to the King were also admitted to Bail 2000 l. the Principals and 1000 l. the Sureties William Williams was this day called in to Answer the Breach of Priviledge committed in entring upon the Freehold of the Lord Bishop of Lincoln Breach of Priviledge and disquieting the possession of his Lordships Lands in Carnarvan-shire The said Williams consess'd he had entred upon the Lands of the Lord Bishop of Lincoln at May last was Twelve Months The House thought fit to Release him upon Bail Then Johannes Maynard Mil ' Balniae Single Bail taken in the Lords House Recogn ' se debere Domino Regi ducent ' libras levari ad usum Domini Regis ex Terris Tenementis Catallis The Condition of the abovesaid Recognizance is That if William Williams shall appear before the Lords in Parliament and abide the Order of Parliament then this Recognizance is void or else it is to remain in full Power and Force This day there was a Conference between the Lords and Commons concerning the Case of the Palatinate and the King 's Manifesto
Cohabit July 12. 1641. It was Resolved to pass as a Law Nemine Contradicente UPon Report this Day made unto the House from the Lords Committees for Petitions That William Walter was complained of by the Petition of Elizabeth Walter his Wife for refusing to Co-habit with her or allow her and her 3 Children Maintenance and Supportation for their Lively-hoods although he hath a Good and a Plentiful Estate It was thought fit and so ordered by the Lords in Parliament That the said William Walter shall settle Lands and Tenements cleared from all former Incumbrances other then Leases whereupon the usual Rent is reserved lying in the County of Pembroke upon such Trustees as the said Mrs. Walter shall Nominate to the use of her self and her said 3 Children during the time of her Life And Mr. Justice Foster and Mr Justice Heath's assistance to the said Lords Committees for Petitions are hereby desired by the Lords in Parliament to direct the Counsel of the said Mrs. Walter what security shall be taken in or out of the Premisses and how and in what manner an Estate of and in the Lands and Tenements or Tithes of the said William Walter shall be setled or charged and chargeable with the payment of sixty Pounds per An. to the use of the said Mrs. Walter and her 3 Children the first payment whereof to begin at Michaelmass next ensuing the Date hereof And in Case the said Mr. Walter 's Estate shall encrease by the Death of his Mother or Grandmother or otherwise it is their Lordships Pleasure that the Moiety of the same as it shall fall and accrew to him shall be settled and paid unto the said Feoffees to the use of the said Mrs. Walter and her 3 Children as aforesaid by the Advice of the Judges aforenamed And further that if the said William Walter shall refuse or delay by the space of a Month next ensuing to make such settlement in manner as aforesaid then it is their Lordships Pleasure that a Sequestration shall be awarded to such Person or Persons as the said Mrs. Walter shall nominate to take and receive so much of the Yearly Rent and Profits of the said Lands and Tenements of the said William Walter as shall amount to such proportions and allowances as aforesaid to be answered to the said Mrs. Walter or her Assigns half Yearly for the uses aforesaid UPon Report this Day made unto the House from the Lords Committees An Order of the Lords concerning a Vicaridge in Sir Peter Osborn's Case Plaintiff against Thomas Joyce Clerk July 12. 1641. for Petitions in the Cause of Sir Peter Osborn Knight Plaintiff and Thomas Joice Clerk it appeared unto their Lordships That Sir John Osborn Knight deceased Father of the said Sir Peter was seized in Fee of the Rectory of Hawnes in the County of Bedford to which the Advowson of the Vicaridge did consist only of eight Pounds per Ann. stipend That the said Sir John Osborn did in the 9th Year of King James convey the Inheritance of the said Rectory and Vicaridge together with a new House built upon his own Land to the now Bishop of Durham Sir Thomas Cheek and others for the Increase of Maintenance of such Vicar or Vicars as should be nominated by the said Sir John or his Heirs But before the Gift Sir John puts in Mr. Brightman and Mr. Wilson successively who injoyed the said House and Tythes and after the Gift nominated Mr. Sherley who was only Licensed by the Bishop but never Instituted or Inducted After the Death of the said Mr. Sherley the said Sir Peter Osborn nominated Mr. Buckley who was Licensed by the Bishop without being instituted or Inducted the Defendant Joyce obtains a Presentation by Lapse and gained a Decree in Chancery for the Rectory House and Tythes against which Decree Sir Peter Osborn objected that the Donor intended the said Rectory to him only that was to be nominated by himself or his Heirs and could not intend it to any that came in by Lapse it being then in Lapse when his Gift was made which was denied by the Defendant and affirmed that it was intended to the Incumbent whoever he was otherwise the Charity of the Donor would be overthrown Whereupon the Decree and Deed of the said Sir John Osborn was produced and read before the said Lords Committees who after long Debate by Councel on both Sides were fully satisfied That the Donor intended it to none but such as should come in by the Nomination of him or his Heirs Whereupon it is Ordered and Adjudged by the Lords in Parliament That the said Lay Fee Rectory and House together with all the said Donors Gift setled by the said Deed shall by virtue of this Order go to such Clergy-Man or Men as the said Sir Peter Osborne and his Heirs shall Nominate and Appoint according to the meaning of the said Donor and no other And that the Defendant Joyce that came into the vicaridge by Lapse shall have no Advantage of the Gift so made by Sir John Osborne but shall forthwith upon Notice hereof relinquish the same and shall also Answer to the Feoffees for all the Profits of the said House and Rectory by him taken ever since the said Decree and if the said Defendant Joyce conceives he hath any Right he is left to try the same at the Common Law without taking any advantage of the said Decree or of any thing done by Sir Peter Osborne in Obedience to the said Decree A Message was brought from the House of Commons by Sir Henry Vane Junior to desire that the Bill for Tonnage and Poundage may be delivered unto them to be brought up and presented by their Speaker with the Commission under the Great Seal annexed THeir Lordships taking this into Consideration Message from the Commons about the Bill of Tonage and Poundage and perusing the Commission found by the Tenor of the said Commission that the Bill of Tonnage and Poundage could not pass the Royal Assent by virtue of this Commission if they were separated therefore to avoid all Ambiguities Resolved to send some Lords to desire His Majesty would be pleased to come in Person to give the Royal Assent to the said Bill Hereupon the E. Bath E. Essex E. Cambridge E. Bristol Bill for Tonnage and Poundage passed the Royal Assent went presently to attend his Majesty therein who brought this Answer That the King will be here presently His Majesty being come and satt in the Chair of State the Commons were sent for who came and by their Speaker presented the Bill for Tonnage and Poundage then the Clerk of the Crown read the Title of the said Bill and the Clerk of the Parliament pronounced the Royal Assent thereunto in these words Le Roy remerciant ses bons Subjects accepte Leur Benevolence et ainsi le veult It was this day Ordered in the Commons House Munday July 12. Order for Aftornoon Sermons in all
from the King in haec verba His Majesty hath commanded Me to tell you Munday July 19 Message from the King about a Priest of the Venetian Ambassadors that upon a Complaint of the Venetian Ambassador for the imprisoning of a Priest being His Majesties Subject he thinks fit that these two Things be done First That all Ambassadors should have it declared to them in His Majesties Name that they retain no Priests Natives of any of His Majesties Dominions Secondly That the Priest belonging to the Venetian Ambassador be presently sent out of the Kingdom and not to return again but at his Peril This Favour His Majesty thinks fit to shew the Venetian Ambassador seeing the particular Person as His Majesty is informed hath been his Servant these three Years and was brought over with him when he came the Ambassador being ignorant of the Laws of the Kingdom Whereupon it was Ordered That the Committee of Ten inform themselves of the truth of the Ambassadors Complaint and the State of the Case Bill about the Marches of Wales A Message was brought from the Commons by Sir Robert Harlow who also brought up a Bill which had passed that House for freeing five Counties from the Jurisdiction of the Marches of Wales Mr. Bellasis also brought up another Bill Bill for Billet Money c. which had passed the House of Commons Entituled an Act for securing of such Monies as are or shall be due to the Inhabitants of the County of York and the other Counties adjoyning wherein His Majesties Army is or hath been Billetted for the Billet of the Soldiers of the said Army as also to certain Officers of the said Army who do forbear part of their Pay according to an Order in that behalf in the Commons House of Parliament this present Session for such Use of their parts as they shall forbear Five new Heads added to the Ten former Propositions July 20. 1641. The Earl of Bristol Reports from the Committee of both Houses for the Ten Heads That the House of Commons have presented to their Lordships five Propositions which they desire may be added to the other Ten Heads and that their Lordships after Consideration of them would joyn with them to move His Majesty therein the Heads were these viz. I. The House of Commons doth declare That no Forreign Ambassador what soever ought to shelter or harbor any Popish Priests or Jesuits that are Natives of the Kings Dominions under pretence of being their Servants or otherwise and that the select Committee of their House for the Ten Propositions shall present this Declaration to the Committee of this House to the end that their Lordships may joyn with them to Petition His Majesty that this may accordingly be observed II. That Care may be taken concerning several Commissions granted for the Levying of Men in Ireland to the number of Fourteen Thousand Men as is informed and all of them Papists to the end to be transported as is conceived to Princes not well affected to this Kingdom and that Popish Commanders may not have such Power by Commissions as is of late granted to them III. Also that no Papist hereafter may have the keeping of any Castle Fort Chace Forrest Park or Walk within England and Wales and that such as are in Possession may be outed according to Law IV. That the King be moved to let the House of Commons have such Gun-powder out of His Majesties Stores as may be spared and they will pay after the rate of ten Pence per Pound for it as soon as they can get Monies V. And lastly To move His Majesty that the Arms which have been taken from the several Counties may be restored to them and if His Majesty can spare any Arms out of His Store they will buy them Hereupon the Lords taking these five Propositions into Consideration Ordered To joyn with the House of Commons humbly to move His Majesty that he would please to Assent to them To this purpose Earl of Essex Earl of Warwick Earl of Cambridge Earl of Bristol Viscount Say and Seal were appointed to attend His Majesty for His Answer After which William Smyter William Shepheard Toby Gratwick Rioters at St. Olaves released George Ewer Hugh Barcok Thomas Low George Pitcher and Edward Symonds upon their Humble Petition and Acknowledgment of their Misdemeanors in the Tumult at St. Olaves and St. Saviors were released from their Imprisonment A Conference having been had-with the Lords about the French Ambassadors Tuesday July 20. French Ambassador desires to have the Disbanded English Army for his Masters Service desire to have some of the disbanded Troops Sir John Culpeper Reports That the French Ambassador had waited upon His Majesty to desire that upon disbanding of the English Army he might have liberty to carry such Men over for his Masters Service as he could agree with and that His Majesty had told him that he would give no Answer till he had acquainted the Parliament with it Whereupon it was Ordered That the House should consider of it on Thursday Morning The engrossed Articles against the Bishop of Ely were this Day carried up to the Lords by Sir Thomas Widdrington who at the reading of them made this following Oration to blacken the Lawn Sleeves which was then the greatest Perfection of Eloquence and of Religion to be highly uncharitable My Lords I am commanded by the Knights Citizens and Burgesses now Assembled for the Commons in Parliament to deliver to your Lordships these Articles against the Bishops of Ely May it please your Lordships first to hear them read MY Lords These Articles are dipped in those Colours Sir Thomas Widdrington's Speech at the reading of the Articles against the Bishop of Ely 20 1641. in which this Bishop rendred himself to the Diocess of Norwich they need no Gloss nor Varnish In them you may behold the spirit and disposition of this Bishop hear the groans and cryes of the People see a Shepherd scattering I had almost said devouring his own Flock He that was desired to paint Hercules thought he had done enough when he had made a resemblance of the Lyons Skin which he was wont to carry about him as a Trophy of his Honor. I will say that in these you will not find a resemblance of the Lyons Skin I am sure you will find the resemblance of the Skins that is to say the tattered and ruin'd Fortunes of Poor Innocent Lambs who have extreamly suffered by the violence of this Bishop In the year 1635 this man was created Bishop of Norwich he is no sooner there but he marcheth furiously In the Creation of the World Light was one of the first productions the first visible action of this Bishop after his Creation into the See was to put out many burning and shining Lights to Suspend divers Able Learned and Conscientious Ministers he that should have been the golden Snuffer of these Lights became the Extinguisher and
said Propositions and Designs which said Propositions Designs and Consultations the said Henry Wilmot c. did not discover but consented to the same Resolved c. That the said Henry Wilmot William Ashburnham Hugh Pollard Sir John Berkley and Daniel Oneal being afterwards Lawfully Examined in Parliament upon their Oaths touching the Premisses did wholly deny the same and the said Sir John Berkley and Daniel Oneal being thereupon questioned did fly for the same The further Debate of this matter was put off until Wednesday at 8 of the Clock Munday July 26. Bill for Northern Counties passed the Lords Lord Majors Case about Electing one Sheriff c. heard The Earl of Bath Reported the Bill for securing of Mony to the Northern Counties c. And being put to the Question it was Resolved to pass The Petition of the Lord Mayor and Aldermen of London and the Petition of the Commonalty of the said City were read and after Councel on both sides had had a full hearing concerning the Election of a Sheriff and other Officers the House of Lords taking the whole business into consideration Ordered That this Cause should be determined on Saturday morning next in case the Lord Mayor and the Commonalty did not agree and compose the matter in Question in the mean time This was a very perplexing Case at this time for the Parliament were about to borrow 40000 l. of the City to disband the Armies and if the Cause had been determined either way in probability it would have given a stop to that Affair but more especially if it had been decided in favour of the Lord Mayor and Court of Aldermen who could not easily have raised that Sum without the Assistance of the most wealthy of the Commonalty The Lord Chamberlain signified to the House Letters about the Army That he had received divers Letters from the Lord General which he thought fit to acquaint the House with As a Letter desiring to know a certain day for disbanding of both Armies Likewise a Letter sent to the Lord General from the Gentlemen in the Bishoprick of Durham complaining of the burthen of the Soldiers there And also a List of the Number of the Five Regiments which are disbanded being 5817 Men All which being read the Lord Chamberlain had leave from this House to Communicate them to the House of Commons Tuesday July 27. Petition out of Oxfordshire against Bishops A Petition of the Ministers and People of Oxfordshire and Barkshire against Bishops was this day read in the Commons House and referred to the Committee for the Ministers Remonstrance A Message from the House of Commons by Sir John Culpeper 7 Bills brought up by Sir John Culpeper who brought up Seven Bills which had passed that House Viz. 1. An Act for the declaring unlawful and void the late proceedings touching Ship-mony and for vacating of all Records and Process concerning the same 2. An Act for the preventing of vexatious proceedings touching the Order of Knighthood 3. An Act for the free bringing in of Gun-Powder and Salt-Petre from forreign Parts and for the free making of Gun-Powder in this Realm 4. An Act to settle the Mannor of Belgraves and other Lands in the County of Leicester to and upon William Byerley Esq his Heirs and Assigns for and towards the payment of the Debts of William Davenport Esq Deceased 5. An Act to enable Sir Alexander Denton Knight to sell the Mannor of Barvard alias Barford St. Michael and other Lands in this present Act mentioned for the payment of his Debts and preferment of his younger Children 6. An Act for Alteration of the Estate and Tenure of some Lands within the Parish of Fulham in the County of Middlesex held of the Lord Bishop of London as of the Mannor of Fulham 7. An Act for the making of the Chappel of Hoole in the County of Lancaster a Parish Church and no part of the Parish of Crosston  l. s. d. Sir John Hotham Reports Report of the Charge of the Armies That to disband the Army requires 242619 11 03 Toward which there is paid 152119 11 03 Remains to be provided 90500 00 00 The Charge of the Garrisons 40000 00 00 Total 130500 00 00 When the Earl of Warwick hath Received and Paid the 50000 00 00 There will Remain due to the Scots 53000 00 00 Besides the Remainder of the Brotherly assistance 80000 00 00 Total due to the Scots 133000 00 00 The Engrossed Bill for Confirmation of His Majesties Letters Patents to the Town of Plymouth Plymonth Bill passed and for dividing the Parish and building a new Church there was read the Third time in the Lords House and being put to the Question it was Resolved to pass as a Law Then the Speaker signified Message from the King to the Lords about Commissions in his absence That His Majesty Commanded him to acquaint their Lordships that because he intends his Journey tawards Scotland upon Monday come Sevennight and in regard that in his absence heretofore he hath left behind him Two Commissions the one directed unto the Lords of the Privy Council for ordering of the Affairs of State and the issuing out of Proclamations upon Emergent Occasions and the other Authorising a Person of Honour to be Captain General for the levying of Forces on this side Trent if there should be any necessity for the safety of the Kingdom His Majesty now thinks it fit to issue out the like Commissions for the said Publick Services in his absence with some Variations and Omissions according to the Occasions and hath named the Lord Chamberlain to be Captain General on this side Trent but His Majesty would execute nothing therein until he had made the same known to both Houses of Parliament desiring their Concurrence and Assistance in all his great Affairs Further it was signified from His Majesty That the Spanish Ambassador did send a Writing unto His Majesty wherein he presseth His Majesty for some of the Irish Companies lately disbanded to be employed in the Service of the King of Spain and that His Majesty hath Commanded that the said Writing shall be Communicated to both Houses of Parliament and he desires their Advice therein Upon which a Conference was desired by the Lords at which the Lords declared their Resolution That they would do nothing in it till Three Points were cleared First That the Ambassadour should set down the particular number of Men he desires Secondly The time When. Thirdly The manner How and the Place from Whence he intends to Transport the Soldiers Mr. Hambden made a Report from the Earl of Pembroke Mr. Hambden Reports the Letter from the Queen of Bohemia That he had received Letters from the Queen of Bohemia wherein she gave humble thanks to the Parliament for their Regard and Consideration of her There was also another Letter read from the Earl of Holland to desire That both Armies might be disbanded together for
Clerks under his Hand they could not judg of it till they had resorted to his Book where their Orders and their Votes are entred month July 1641. where they found their Votes concerning their late Protestation taken both by your Lordships and them and they found the contents of this Paper to agree in terminis with what is entred in their Clerks Book Then they called to mind what had passed in the House upon that occasion when those resolutions of theirs were Voted How they had considered of that Protestation that it bound all men to defend the Religion here Established c. This they conceived to be a true Test of every good Subject a Shibboleth to distinguish the Ephramites from the Gileadites that whosoever was well affected in Religion and to the good of the Common-wealth would make this Protestation and on the other side who would not make it was not well affected And such a man they held it their duties in discharge of the trust reposed in them by the whole Body of the Kingdom all the Commons of England who have sent them out as so many Sentinels to watch for them to give them notice of the good or the evil Friends or Enemies coming towards them they held it I say their duties to declare their Opinions that such a Man was not their Friend was unfit to bear Office either in Church or State and therefore they passed this Vote that it is a thing fit and necessary to be done by them and for such they do avow it And besides they thought it fit to give an account to those who had employed them the several Counties and Burroughs that sent them to give them a mark by which they might know who were good men lovers of their Countrey fit to be intrusted with Offices with the oversight of any part of Church or State and therefore they gave order this Vote should be sent down unto all the parts of this Kingdom And lastly that it might be done speedily and not stay the Writing out of so many Copies they gave order it should be Printed and be attested under the Clerks Hand with order c. The Copies of which three orders your Lordships have in this Printed Paper which the Commons assembled in Parliament have Commanded me to signifie unto your Lordships and that the passing of these Votes they do own they do avow they do justifie Mr. Serjeant Wild Reports from the Committee for the Impeachment of the Bishops for the New Canons c. But the further consideration of it was deferred till the next day and the House entred upon the further Debate of the Bill for abolishing Episcopacy Two Private Bills one for Mr. Byarley the other for Sir Alexander Denton were passed the House of Lords this Day Then a Letter dated the 27th of _____ 1641 was read Exceptions taken at a Letter from the Speaker of the Lords House in Ireland to the Speaker of the Lords House in England sent from the Speaker of the Lords House in Ireland to the Speaker of the Lords House in England and because the House conceived this Letter entrenched upon the Jurisdiction and Priviledge of this House therefore it is Ordered That the L Chamberlain E. March and E. Bristol Viscount Say and Seal do attend the King and shew him this Letter and desire him from this House that he will be pleased to make stay of the passing of those Acts of Grace and Favor that are in Treaty concerning the Kingdom of Ireland until this Business be determined in this House and further humbly to desire that the Levying of the 14 thousand Soldiers in Ireland may be stayed if it be not already done Then these Lords L. Privy Seal E. Bath E. Southampton Episcopus Lincoln were appointed to have power from this House to search Records Wednesday August 5. and Presidents concerning Ireland's dependency upon this Kingdom and to report the same to this House The House of Commons was informed that the E. of Warwick hath paid the Scots 50000 l. and will have to morrow 52300 l. more ready for them which is all the Arrear that is due to them Serjeant Wild Reports the remaining part of the impeachment of the Bishops concerning the New Canons which being read and assented to was immediately engrossed and by him sent up to the Lords where he delivered it in this manner at the Bar of the Lords House My Lords THe Knights The Impeachment of the Bishops for the New Canons Oath Aug. 4. 1641. Citizens and Burgesses of the Commons House of Parliament being sensible of the great infelicities and troubles which the Common-wealth hath sustained by the exorbitant courses of the Bishops and knowing well that the Wise man saith That if Sentence be not speedily executed against an evil Work the Hearts of the Sons of Men are set upon further mischief The timely redress whereof doth better become the Wisdom of Parliament then a too late woful repentance have commanded me to represent unto your Lordships That Walter Bishop of Winchester Robert Bishop of Coventrey and Lichfield Godrey Bishop of Gloucester Joseph Bishop of Exceter John Bishop of Asaph William Bishop of Bath and Wells George Bishop of Hereford Matthew Bishop of Ely William Bishop of Bangor Robert Bishop of Bristol John Bishop of Rochester John Bishop of Peterborough Morgan Bishop of Landaff together with William Arch-Bishop of Canterbury and others of the Clergy of that Province at a Convocation or Synod for the same Province begun at London in the year 1640 did contrive make and promulge several Constitutions and Canons Ecclesiastical containing in them divers matters contrary to the Kings Prerogative To the Fundamental Laws and Statutes of the Realm To the Rights of Parliament To the Propriety and Liberty of the Subjects and matters tending to Sedition and of dangerous consequence And to add the more weight and efficacy to this their monstrous design They did at the same Synod under a Specious and fair Title grant a Benevolence or Contribution to His Majesty to be paid by the Clergy of that Province contrary to Law It rested not there for though this had been enough to have affrighted and terrified the Kings People with strange apprehensions and fears yet that these might not seem to be contrivances of the Brain or Fancies only they were put in execution and were executed upon divers with animosity and rigour to the great oppression of the Clergy of this Realm and other His Majesties Subjects and in contempt of the King and of the Law Whether these Persons my Lords that are culpable of these offences shall be thought fit to have an Interest in the Legislative power your Lordships wisdom and justice is able to judg But for these matters and things the Knights Citizens and Burgesses of the Commons House in Parliament in the name of themselves and of all the Commons of England do Impeach the said Bishops before named of the Crime
Regni or Locum Tenens 3. For to have a Limited Commission to pass particular Bills in certain matters wherein the Bills are not yet framed is without any President that they can find and may be subject to Dispute and Question and of dangerous Consequence Though the success did not Answer their Expectation yet it was fairly pusht by the Faction and had they gained this point they would by his Authority which they had not yet learnt to separate from his Person as afterwards they did have left him little besides the name of a King before his return out of Scotland But His Majesty began now though something with the latest to be assured of what before he had feared nor had he reason to repose such a Trust in any of their Favourites as his Royal Ancestors had done in their near Relations which were the Presidents they shewed during the Wars of our Kings with France when the Nation was Unanimous the Commons Peaceable and Obedient and the Parliaments Zealous of the Prerogative and Greatness of their Kings and the Glory of their Nation and not Fly-blown with Fears and Jealousies of Arbitrary Government even when they saw their Sovereigns at the Head of their Victorious Troops and had the King consented the Earl of Essex then their Darling had been the Man and how far Ambition and Revenge Armed with such Power and Supported with such a prevailing Faction might have transported him his future Actions do most evidently Demonstrate The Bill for assuring a Messuage called Duresm-House part of the Possession of the Bishop of Durham lying in the Parish of St. Martin's to Philip Earl of Pembroke and Montgomery and his Heirs Earl of Pembrokes Bill for Durham House passed the Lords Report of the Conference about the Treaty paying a yearly Rent of 200 l. to the said Bishop and his Successors in lieu thereof c. being read a third time and put to the Question it was Resolved by the major part to pass as a Law After which Sir John Culpeper reports the Conference with the Lords about the Treaty My Lord of Bristol began the discourse and said My Lord Lowdon was returned out of Scotland and had brought certain Explanations of the Treaty That the English Commissioners had looked them over and had presented them to the Lords who have approved thereof together with the Answers and had commanded him to present them to us My Lord Wharton read the Propositions and the other the Answers when these Papers were read he said The Lords desired they should be read in this House for form sake and agreed upon here and sent up with all speed to the Lords whereby it may be put into an Act of Parliament His Lordship went further and said he had something more to deliver concerning the Treaty at Rippon of the Reasons that moved those Commissioners to agree unto it and though it might not be accounted so full of Glory and Honour to the Nation as it had been in former times yet considering the strait that some persons have put this Kingdom into it is a happy Conclusion both for the King and Kingdom The Scots coming into this Kingdom cost the Nation 1100000 l. besides damages That it had cost the Kingdom 1100000. l besides Damages and that he thought it convenient that some Writing be drawn concerning this Treaty for satisfaction to Posterity of the Carriage of this Business My Lord Privy Seal then spoke concerning the Spanish Ambassador and said That the 12000 Men which the Spanish Ambassador did desire was an Army and that the King was now content he should accept of three or four thousand if the Parliament did advise him to which the Lords have assented and desired the advice of this House My Lord of Bristol said further That when the Spanish Ambassadour disbursed this Money it was an acceptable work to this Kingdom and therefore it was a great consideration to move their House unto it and considering how many thousand Pounds he hath disbursed about the same The House after the reading of them assented to the Articles proposed by the Scots at the Lord Lowdon's return I could heartily wish there had been such a writing drawn as my Lord of Bristol desired and thought fit for the satisfaction of Posterity and that I could have obliged them with a view of it But I fear our Grand-Children will blush to see the blood of their Ancestors so palled in their Veins as without a blow struck in a manner or any generous resistance made at the expence of 1100000 l. besides Damages to purchase an inglorious Peace from an invading Enemy Yet possibly something may be pleaded in mitigation when it shall appear that it ought not wholly to be attributed to the Body of the English Nation but to the Arts of the discontented Presbyterian Faction who first Invited then Courted and Caressed these friendly Enemies giving them the soft Title of their Brethren of Scotland and sweetning that heavy Imposition of mony which the whole Nation was to hear with the Title of the Brotherly Assistance that so by their help if the King should not comply with their desires they might obtain that from him by Force and Arms which they could not by all their Arts of Flattery and Dissimulation in which certainly they were the most accomplished Persons in the World Now that it may appear that there was a Foundation for this Invitation of the Scottish Army to invade England besides what I have seen in several Prints that Mr. Hambden and others principal Men of the Faction made frequent Journeys into Scotland and had many Meetings and Consultations how to carry on their Combination and joynt Concern I will give the Reader a short Account out of the Memoirs of the late Earl of Manchester then Lord Mandeville an Actor in this Affair which take in his own Words and as I have good Assurance written with his own Hand as follows WHen saith he the Commissioners were come to Rippon An Act out of the Lord Manchesters Memoires of the Invitation of the Scots to invade England all due Ceremonies and Civilities were performed each to other which ended the first Days meeting And here give me leave to make a necessary Digression for the Vindication of those Lords whom the * This Lords Savil was an Illegitimate slip of the Honorable Family of the Savils which makes it the less to be admired that he should do so base degenerate an Action Lord Savile had made Parties to the design of bringing in the Scotch Army When the Scotch Commissioners had passed the Ceremonies and General Civilities at the first meeting with the English Commissioners the Lord Lowdon and Sir Archibald Johnston applied themselves particularly to the Lord Mandeville desiring him to give them a private meeting that they might impart to him something of near concernment to himself and others of the Lords then present this was readily granted and they
three went immediately to the Lord Mandevilles Lodging where being set together the Lord Lowdon begun with very severe Expostulations charging the Earls of Bedford Essex and Warwick the Lord Viscount Say and Seal the Lord Brook Savile and himself with the highest breach of their Promises and Engagements professing that they had never invaded England but upon confidence of their keeping Faith with them according to those Articles which they had Signed and sent unto them When this Narrative was made by the Lord Lowdon and confirmed by Sir Archibald Johnston the Lord Mandeville stood amazed and protested with clear and solemn Asseverations that he was a Stranger and altogether ignorant of any such Designs Articles or Ingagement and he was very confident that he might affirm the like in the behalf of the rest of those Lords whom they thus charged with breach of Promise but this Denial was no way Satisfactory unto them but was taken as a disingenuous Denial and the Lord Lowdon urged it as an Act of great Ingratitude towards them that had hazzarded all that was dear unto them upon the pressing Perswasions and solemn Ingagements of those Lords and they told the Lord Mandeville that the Lord Saville had first treated with the Lord Lowdon when he was Prisoner in the Tower in the Names of a considerable Part of the Nobility and Gentry of England and that after he was released and had been some few Weeks in Scotland the Lord Saville sent the Articles of Agreement subscribed by those Lords into Scotland by Mr. Henry Darley and they did not doubt but the Lord Saville would avow all this to be true The Lord Mandeville willingly accepted of the Lord Savilles Testimony of the Truth of their Assertions and desired they might meet the next day with the Lord Saville but that in the Interim he might not know what had now passed between them which they promised and the next day they all met and when the Lord Lowdon had made his Narrative and urged his former Charge he in the presence of the Lord Mandeville with a surprized Countenance and other Expressions of Guilt confessed the Truth acknowledging that he had never acquainted any of those Lords with the least particular of the Design or of the Articles of Engagement and that he had counterfeited their Hands in subscribing their Names to the Declaration and Engagement which was sent into Scotland some Apologies he did offer as that he found the backwardness of the Covenanters to be such that they would not hazard a coming into England until they had a full Engagement from Persons of greater Interest in England then himself He began to consider what Persons of Honor were in greatest Esteem with the Covenanters and his Thoughts were fixed on these Lords yet knowing it impossible to gain them to consort with him in so Traiterous a Design he found it necessary to act in a way of Falshood rather then lose the advantage of so hopeful a Design He further added That since by the Providence of God the Success of their Enterprize had been so far above their Expectations thô few but himself knew of the Design at first yet he did believe now that the best part of England Providence intituled to the hopeful Success of Rebellion and sure a hopeful Reformation was like to succeed such a beginning did hope to find an happy Opportunity for the Redress of the Publick Grievances of both Kingdoms by the coming of the Army into England therefore he desired them to silence all Discourses tending either to the dislike or discovery of the Treachery or Falsness of his Design and that they would Act vigorously and unanimously in Order to the Advantage of both Kingdoms This was owned by the Lord Lowdon and Sir Archibald Johnston to be a just and a full clearing of the Honor and Honesty of those Lords whose Names had been subscribed but it made in them a deep Impression of that Lords falseness Proditionem amo Proditorem odi which shewed it self at that time by some sharp Reprehensions yet in such a conjuncture of their Affairs and ours they thought it not prudent to shew so great dissatisfaction as might give the Lord Saville a total Rejection therefore they concluded their Conference with this Assurance to the Lord Mandeville that they would give a true account of the Carriage of this Business to the Committees of Parliament then residing at New-Castle that so those Lords might be righted in their Honors and Faith which had received a blemish by the boldness and Treachery of the Lord Saville The Lord Mandeville then made these Requests unto them Had the King been acquainted with it as he ought in probability it might have conduced much to the good of the Nation First that he might acquaint some of the Lords which were equally concerned with himself And that the Declaration and Engagement under their feigned Names might be delivered to them The first was granted the second was promised and after a few Daies they received the Engagement from New-Castle and did in the Presence of the Lord Mandeville cut out all the Names and burnt them but they would not deliver the Declaration and Ingagement it self And in another Place speaking of this Affair he tells us that the Scots laboured under such Difficulties and Dangers by the failing of these Supplies which they expected from their supposed Confederates as that they had in their Thoughts to Retreat with their Army near to the Borders of their own County and to cast themselves upon his Majesties Grace and Favor by an Humble Petition and Remonstrance setting forth to him and the whole World the Invitation and Agreement which was delivered to them from some Lords in the behalf as they conceived of themselves and others in England who were cordially Affected to the True reformed Protestant Religion and the Publick Rights and Liberties of the Nation Thus far he by which it is evident that though the Scots were not in reality Invited into England by those Lords who favoured their Designs yet being come they were made Welcome and the Reformers closed in with them to bring about their intended Work of Reformation This Day the Lord Capell was with the usual Solemnity Saturday August 7. The L. Capel introducted introducted into the House of Lords his Writ bearing Date August 6.17 Car. Reg. A Message was brought from the Commons about disbanding and to move His Majesty for a Proclamation for the more peaceable Effecting of it Whereupon the Two Houses Petitioned his Majesty concerning it The Kings Answer to the desire of both Houses about disbanding the Horse to which He returned this Answer His Majesty hath ever since this Parliament taken the Advice of His Parliament concerning the Army therefore he gives his Consent concerning the Disbanding of the Horse and that He hath given Order that His Attorney shall issue out such a Proclamation as is desired And His Majesty doth
Act declaring Vnlawful and Void the late Proceedings touching Ship-Money and for Vacating of all Records and Process concerning the same 4. An Act for the Certainty of Forrests and of the Meers Meets Limits and Bounds of the Forrests The Private Acts were these 1. Private Bills passed An Act for the Settling of Certain Mannors Lands Tenements c. on Katharine Countess Dowager of Bedford William now Earl of Bedford John Russell and Edward Russell Esquires Sons of Francis Earl of Bedford deceased 2. An Act to Enable Sir Alexander Denton to sell Lands to pay Debts and provide for his Younger Children 3. An Act to Settle the Mannor of Belgrave c. upon William Byarley Esquire c. to pay the Debts of William Davenport Esquire deceased 4. An Act for John Eggar 's Free School in Alton in Com. Southampton 5. An Act for the Alteration of the Tenure of certain Lands in Fulham Middlesex held of the Lord Bishop of London as of the Mannor of Fulham 6. An Act for making the Chappel of Hool in Com. Lancaster a Parish Church 7. An Act for Confirmation of his Majesties Letters Patents to the Town of Plymouth and for dividing the Parish and Building of a New Church To which the Clerk of the Parliament pronounced the Royal Assent in these words Soit fait comme il est desire After which his Majesty made a short Speech touching the Necessity of his going to Scotland adding That he had given Order to the Lord Keeper for the further declaring of his Mind therein Upon which the Lord Keeper spake Expressing his Majesties great forwardness hitherto in so readily and graciously complying with his Parliament in gratifying them in all their Requests more than any of the Kings his Royal Predecessors had ever done before him instancing in the several Bills for taking away the Star-Chamber Regulating the Council Board taking away the High Commission Court Ship-Money and the passing the Bill for the Judges to continue quam diu se bene gesserint and several other things After which his Majesty spoke some few words acquainting them That he had received an Account by a Nobleman lately come from Scotland of the absolute Necessity of his Journey and that it was impossible for him without great Inconvenience to his Affairs in that Kingdom to defer his Journey and so he took his Leave of their Lordships and bade the Parliament Farewell and so departed But the House of Commons returning to their House fell immediately upon the Debate of it and sent a Message by Mr. Hollis to the Lords Earnestly desiring the Lords to joyn with them to Petition his Majesty either to Substitute a Locum Tenens during his Absence or to stay 14 dayes Longer in regard it so nearly concerned the Quiet and Peace of the Kingdom The Lords sent them in Answer That they would move his Majesty to defer his Journey for two dayes longer but this gave the Commons little Satisfaction In this Debate both Houses sate till Ten of the Clock at Night but could not come to any Resolution but in the Commons House it was moved That in respect the Necessity was so great and his Majesty so firm in his Resolution to set forwards on Monday that both Houses might meet and Sit upon Sunday and a Message being sent up to the Lords to desire their Concurrence it was accordingly agreed There being many of the Members of the Commons House absent Order for the absent Members to repair to the House It was this day also Ordered by the Commons That all the Members of the House in regard of the Great and Weighty Affairs that import the Safety of the Kingdom do repair hither to attend the Service of the Common-wealth with all possible speed upon pain of incurring the Displeasure of this House for their neglect And it is further Ordered That the Knights of the several Counties and the Burgesses and Barons of the several Burroughs and Cinque-Ports that are now in Town shall send Copies of this Order to the Sheriffs of the several Counties to the End it may be published with all Care and Speed By Six of the Clock in the Morning there was a Sermon at St. Sunday August 8. Margarets Westminster before the Commons after which both the Houses Sate and the time was wholly spent in the morning in Debates Messages and Conferences between the Two Houses about Petitioning the King to stay yet 14 dayes longer the Lords inclining not to press his Majesty further in it and the Commons insisting upon their former Votes to that purpose The Earl of Bath reported the Conference with the House of Commons as follows Aug. 8. 1641. The Report of the Conserence about staying the Kings Journey 14 dayes THat the House of Commons gave their Lordships thanks for joining with them humbly to Petition His Majesty for deferring his Journey into Scotland for 14 days And to the end that it may be no prejudice to the Parliament of Scotland the House of Commons desires that some of the Lords Commissioners may acquaint the Scots Commissioners with these particulars following and desire their Answers 1. Propositions to the Scots Commissioners about the Kings stay 14 dayes That the Houses of Parliament have commanded them to express to the Scots Commissioners the great care that they have to keep a good Correspondency betwixt the Two Nations of England and Scotland and to take away the Objections which may be made in respect of the Publick engagements to submit to His Majesties pleasure in his present intended Journey 2. That they take notice of the often Meetings and Adjournments of the Parliament of Scotland and lest it might be a great inconvenience the States being now met there if they should stay long there together without doing any thing both the Houses of Parliament have Resolved that for the better satisfaction of the Parliament of Scotland they will humbly Petition His Majesty to send a Commissioner to Edinburgh that if there be pressing Occasions to dispatch any of their Publick Affairs there may be Authority for the same and if they think good to stay His Majesty's coming to them in Person the Houses of Parliament do hope that it will be within 14 days of that time wherein His Majesty was expected there and they shall take their consent thereunto as a great Argument of their Affection to this Kingdom 3. That the Houses likewise do intend to send Commissioners from hence to the Scottish Parliament to declare to them the great Reasons which moves them to Petition His Majesty's stay for 14 days which are such as do very much import the Peace and Safety of both Kingdoms as also their care to move His Most Excellent Majesty to send His Commissioner that the Parliament of Scotland may not be disappointed in respect of the dispatch of their own great Affairs in that Kingdom in the mean time 4. And lastly That the Houses do desire the
That they would not have done this but upon inevitable Necessity the Peace and Safety of both the Church and State being so deeply concerned which they do however declare to the End that neither any other Inferior Court or Councel or any other Persons may draw this into Example or make use of it for their Encouragement in neglecting the due observance of the Lords Day Which being read Sir Jo. Culpeper Ordered to carry up this to the Lords for their Concurrence was assented to Nullo Contradicente Ordered That Sir John Culpeper carry up this Order to the Lords and to acquaint their Lordships how it past Nullo contradicente and that if it pass so in their House to desire it may be so entred that it may appear to Posterity with what Vnanimous Consent both Houses of Parliament are solicitous for the due Observation of the Lords Day and likewise to desire of their Lordships That it may be printed as the Declaration of both Houses To which the Lords also assented Nullo contradicente Which being done it was ordered to be entred in the Journals and printed for Satisfaction to Posterity A Proposition from the French Ambassador This day the Earl of Warwick reported that the French Ambassadour was with him and desired his Lordship That he would acquaint this House That he desired leave for the Raising and Transporting of a Regiment of English Souldiers for the Service of the French King and in particular the Earl of Carnarvan 's Troop of Horse and he said if occasion requires hereafter to imploy them in the Service of the Palatinate the French King would add Ten Thousand Foot to them in that design Hereupon the House thought fit that the French Ambassadour set down his Proposition in Writing Duke of Lenox made Duke of Richmond and Introducted Monday August 9. and then present it to this House This Day the Lord James Duke of Richmond was with the Usual Solemnity Introducted his Writ bearing Date 8th Aug. 1641. Ordered That the Gracious Answer from his Majesty be entered in the Journal of the House His Majesty sent this following Message to the House That his Majesty forgot to tell the Houses yesterday one Thing That his Businesses are so well prepared in Scotland that he shall make no long stay there and intends to be back before Michaelmas A Message from his Majesty and it may be by the midst of September Concerning the Army which he is sorry is not already disbanded but upon the Word of a Prince he will do his best and hopes not without good effects for the speedy Disbanding thereof That besides the Bill for the Scots Treaty another Bill will come down from the Lords for securing the Government in his Majesties absence And his Majesties Command at this time is to signify his desire to the House that they pass both these Bills some time this Day that so his Majesty may give his Assent unto them His Majesty desires the speedy passing of this last Bill conceiving that the passing thereof may assist his Majesty in the desired disbanding of the Armies And that when his Majesty upon Saturday bid the Lords severally Farewel his Intent then was to both Houses which if they did not so understand it his Majesty now commanded to signifie it as his Intention therein A Message was brought from the House of Commons by Mr. Message from the Commons to have E. Pembroke made L. Steward and E. Salisbury L. Treasurer Hollis to let their Lordships know That they understand that the Lord Steward is to go beyond the Seas with the Queen and so is to resign his Staff The House of Commons desires their Lordships to joyn with them to move his Majesty that he may resign his Staff to the Earl of Pembroke who is a very fit Person for that Place And further he was commanded by the House of Commons to signifie That they have taken into Consideration the setling of the King's Revenue and because it will be requisite to have a Lord Treasurer that is a Person of Honor and Abilities they have Voted Nemine contradicente the Earl of Salisbury to be a very fit Person for that Place therefore the House of Commons desires that their Lordships would joyn with them to recommend him to his Majesty for that Place The Bill for the Commission from his Majesty to give the Royal Assent to certain Bills c. was passed the Lords and carried down to the Commons A Message was brought from the House of Commons by Sir Arthur Haslerig Bill for publick Faith for Brotherly Assistance passed the Lords who delivered from the House of Commons the Bill of Publick Faith for securing by publick Faith the Remainder of the friendly Assistance and Relief promised to our Brethren of Scotland which was read immediately three times successively and being put to the Question and it was Consented to pass as a Law Nemine contradicente The Bill for Regulating and better Ordering the Clerks of the Market being read a third time passed the Lords House Tuesday August 10. Clerk of the Markets Bill passed the Lords House Conference about the Commission to pass Bills in the Kings Absence A Conference having been desired by the Commons concerning the Bill to strengthen the Kings Commission for passing Acts in his Absence it was thus reported by the Lord Keeper That the House of Commons had returned the Commission and the Act to enable the Commission with some Amendments and desired that some Additions might be made both to the Commission and to the Act for the Commons conceive that they are both too Particular and not General enough which may be very prejudicial For 1 They find no President that a Parliament was ever Sitting without a General Power 2 It might be a dangerous President to accept of a Limited Commission by an Act of Parliament 3 There may happen Emergent Occasions for the Safety of the Kingdom which cannot be foreseen therefore 't is dangerous to accept of such a Limited Commission by an Act of Parliament His Majesty being come to the House The King passes Bills in the Lords House for Pacification c. and the Commons with their Speaker being come up according to the usual manner these following Bills were passed 1 An Act for the Confirmation of the Treaty of Pacification between the Two Kingdoms of England and Scotland 2 An Act for securing by Publick Faith the Remainder of the Friendly Assistance and Relief promised to our Brethren of Scotland 3 An Act for the free bringing in of Gun-Powder and Sal-Petre from Forreign Parts and for the free making of Gun-Powder in this Realm Memorandum His Majesty said he hoped that the Parliament would consider of a Bill for making of good Gun-Powder and for preserving the Sal-Petre Works for the Defence of this Kingdom and if they did not He professeth Himself to be clear of the Inconveniences which else will follow 4 An
That the Scots desire that an Order of the House of Commons may be made for the repaying of the 28000 l to the Bishoprick of Durham and the Town of Newcastle that the Scots may deliver the said Order for their Discharge These 8. Heads being proposed to the Commons at a Conference the next day being August 13. they gave these Answers 1. To the First concerning the 7th of September to be the Day for Thanksgiving for both Kingdoms they have agreed to it 2. To the Second For the Scots Army passing over the Tweed the 25th of August agreed to 4. To the Fourth That the restoring of the Ordnance at Newcastle and that the Arms and Munitions may be all restored or paid for to be recommended to the Scots Commissioners Agreed to 6. To the Sixth Concerning seeing the Treaty to be finished in Scotland They desire that Commissioners may be sent from both Houses of Parliament to see the Treaty performed and to settle the Peace of both Kingdoms 7. To the Seventh Touching the Scots Army Marching through Barwick agreed to be in such sort as shall be appointed and settled there with the General and Governor of Barwick 8. To the Eighth touching the Order for paying the 280000 l. to the Bishoprick of Durham and the Town of Newcastle the House of Commons hath made an Order to that purpose and they will deliver it to the Earl of Warwick to be delivered to the Scots Commissioners The Commons fell this day into debate about Mr. Percy Sir John Suckling and Mr. Jermyn and it was urged That it would be made good by several Acts of Parliament and other Presidents That to conspire or indeavor to compel the Parliament to any thing is Treason And after long canvasing of the Matter it was Resolved c. Votes that Sir John Suckling Mr. Jermyn and Mr. Percy shall be charged with High-Treason That Sir John Suckling upon the whole matter shall be charged by this House with High-Treason Resolved c. That Mr. Henry Percy shall be charged with High-Treason Resolved c. That Mr. Henry Jermyn shall be charged with High-Treason The House of Commons being it seems now better Instructed since the last Conference with the Lord Privy Seal Friday August 13. fell upon the further Impeachment of the Bishops which was thus Reported by Serjeant Wild. WHereas the Knights Further Impeachment of the Bishops Citizens and Burgesses of the Commons House of Parliament have lately impeached the several Bishops hereafter named that is to say Walter Bishop of Winchester c. before your Lordships in this Parliament of several Crimes and Misdemeanors in Contriving Making Promulging and Executing several Constitutions and Canons Ecclesiastical and by granting a Benevolence or Contribution to His Majesty contrary to Law Now the said Commons do further declare to your Lordships that the said Canons Constitutions and Grant of a Benevolence contained in two several Books the one Intituled the Constitutions and Canons Ecclesiastical treated upon by the Archbishops of Canterbury and York Presidents of the Convocations for the respective Provinces of Canterbury and York and the rest of the Bishops and Clergy of those Provinces and agreed upon with the Kings Majesties License in the several Synods begun at London and York Anno Dom. 1640 and in the Year of the Reign of Our Soveraign Lord King Charles by the Grace of God King of England Scotland France and Ireland the 16. the other Intituled a Grant of the Benevolence or Contribution to his Most Excellent Majesty by the Clergy of the Province of Canterbury in the Convocation or Sacred Synod holden at London An. Dom. 1640. Which Things I am commanded by the House of Commons to deliver to your Lordships and further to declare to your Lordships That all and every the said Canons and Constitutions and Grant of Benevolence and the Contriving Making Publishing and Executing of the same and every of them were and are contrary to the King's Prerogative the Fundamental Laws and Statutes of the Realm the Rights of Parliament the Propriety and Liberty of the Subject and tending to Sedition and of dangerous Consequence and were so Contrived Made Promulged and Executed to the great Oppression of the Clergy of the Realm and others his Majesties Subjects and in Contempt of his Majesty and of the Laws and do pray as they did before that the said Bishops may be forthwith put to their Answer in the Presence of the Commons and that such further Proceedings may be had therein as to Law and Justice appertains The Scots Commissioners having desired a Commission to Commissioners of both Nations for Examination of Witnesses about Incendiaries and having given the Names of such of their Nation as they desired might be in the Commission It was Ordered by the House of Lords Order for a Commission to examine Witnesses about Incendiaries That the Clerk of the Crown shall Issue out a Commission under the Great Seal of England and the Lord Keeper is to Seal it accordingly by Virtue of this Order which Commission is to be directed to the Lord Keeper the Lord Privy Seal the Earl of Warwick the Lord Viscount Say and Seal Lord Wharton and the Lord Kimbolton To the Lord Lowdon Sir Patrick Hepbourn and John Hepbourn and John Smith Esquires to joyn with several Members of the House of Commons or any five of them to examine Witnesses touching Incendiaries concerning both Kingdoms of England and Scotland The Business of paying the Billet Money in the several Quarters where the Scots Army had lain came into debate and it was Resolved House of Commons undertakes to pay the Scots Billet c. That the House of Commons undertakes to discharge our Brethren the Scots of these Summs and to pay the said Counties viz. Â l. s. d. To the County Palatine of am 26663 13 10 To the Town of New-Castle 2000 00 00 To the County of Northumberland 10224 06 10 Total 38888 00 08 Mr. Pym Reports Money paid for the Q. Mothers Journey That he had paid Seven Thousand Pounds to the Earl Marshal for dispatch of the Queen-Mother out of England Captain Chudleigh being Examined concerning the matter of the Army Capt. Chudleigh's deposition against Mr. Jermyn Mr. Perce c. saith That Sir John Suckling told him That he should not depend upon what Commissary Wilmot Col. Ashburnham or Captain Pollard said for they had quitted their Affection to the Army and fallen into a Parliamentary wayâ— This in the Month of March before Col. Goring went to Portsmouth He saith further That he could not conjecture by any Discourse that Ever he had with Mr. D'avenant that he knew any thing of any Design of bringing up the Army only by the Discourse he had with him he could discover an affection to the Army and that he charged him alwayes to keep all our Discourses between us secret because the Times were dangerous All this discourse he had with
Mr. D'avenant was before Col. Goring went to Portsmouth Whensoever Sir John Suckling spake with him concerning any particular Intimations to the Army though Mr. D'avenant was then present he whispered yet he spake some Generals openly That the French would assist That the Clergy would maintain 1000 Horse That part of the Commons House was much distasted with the Letter that came from the Army The only Proposition was to know their Inclinations for their accepting Col. Goring for their Lieutenant General Mr. Wilmot Mr. Ashburnham and Mr. Pollard told him That the House of Commons had real Intentions towards the Army and that they should have Martial Law if it would stand with the Conveniency of the Common-wealth and this they spake with much Earnestness Sergeant Major Willis told him upon the Way That the Clergy would furnish a Thousand Horse Saturday August 14. A Letter was Ordered to be sent to the Lord General about the Affairs of the Army which was as followeth May it Please your Excellency Letter to L. General from the Lords about the Scots marching by Barwick THe Treaty of Pacification between the Two Kingdoms of England and Scotland being come to a Happy and Peaceable Conclusion and a Day prefixed for the Scottish Army to March over the Tweed for the more Expedition thereof the Scottish Commissioners have made their Request to the Parliament that they might be permitted to pass with their Army Munition and Artillery over Barwick Bridge To which desire both Houses of Parliament have consented to be in such sort as shall be agreed and settled there by the General and Governor of Barwick Wherefore the Lords have commanded me to recommend the Manner and Way thereof to your Excellency's Care and Judgment not doubting but your Excellency will give such Directions to the Governor of Barwick both for the number of Soldiers that shall March in a Company together as also how to preserve his Majesties Ordinance and Munitions there and secure the safety of the said Town And so I humbly remain Your Excellency's Servant to Command John Banks Speaker of the Lords House A Complaint having Yesterday been made by the House of Commons that the Capuchin Friers in Denmark House Capuchin Friers at Denmark House to keep in were very active in Preverting the Kings Subjects from the True Religion the Earl of Dorset was Ordered to attend the Queen and move her Majesty from this House in it and humbly to desire her Majesty That the said Friers may be kept in and not suffered to go abroad to pervert the People and draw them to be reconciled to the Church of Rome And further That the Earl of Dorset do send for the Chief of the Capauhins and give him warning that he obey this Command Upon reading the Petitions of the Lord Major of London Order about L. Major and Citizens for a Reference and the six Persons chosen by the Commonalty of the said City It is Ordered That both sides shall give Copies to each other of their Petitions and attend the Lords Committees appointed to compose the Differences between them on Munday next in the Afternoon at Two of the Clock in the Painted Chamber A Message was brought from the House of Commons by Mr. Message that a convenient number of Lords may stay in Town Hotham to desire That a convenient number of Lords may be kept together in this House until the Armies be disbanded and the necessary Defence of the Kingdom settled The Answer hereunto was That their Lordships will take Care as is desired WHereas this House hath been Informed That Thomas Bushell Esq Undertaker of His Majesties Mines Royal in the County of Cardigan by his great Charge and Industry in cutting Additts hath gained His Majesties old drowned and forsaken Works of Talabant The Order of the House of Lords about Mines Royal in Wales Aug. 14. 1641. and other Works and made new Discoveries of Royal Mines there which are already very Considerable And whereas divers Persons of Quality encouraged by His Majesties Letters to them directed do intend to adventure great Summs of Money in the said Work which in time if well incouraged may prove of great consequence both for Honor and Profit to His Majesty and this Kingdom And whereas also it appeareth unto this House by divers Affidavits and Certificates of Credit that some Persons ill affected to these Honourable and Publick Services who in time may receive deserved Punishment have disturbed the possession of the said Thomas Bushell in some of His Majesties Mines Royal and Edifices appertaining to the Royal Work and have plucked up divers Pumps cast in the Rubbish and drowned and so much as in them did lie destroyed the said Works so as it hath been a labour of 4 Years Night and Day to recover the same and that the said Thomas Bushell hath been disturbed in the getting of Turf and Peate for the Service of His Majesties Works being an invention of his own very commendable and commodious for the preserving of Wood which hath been heretofore by the former Undertakers much wasted in those Parts Now for the Remedy of such mischiefs and that the said Thomas Bushell and his Assigns and such Persons as are or shall be Undertakers and Adventurers with him in the said Service may receive a due encouragement and assistance in these chargeable Undertakings It is Ordered by the Lords in the upper House of Parliament now Assembled That the Speaker of this House in the Name and by the Authority of the same shall direct his Letters unto the Judges of Assizes and Justices of the Peace of the said County of Cardigan requiring them that they do in all Lawful things endeavour to advance and encourage the said Service in His Majesties Royal Mines and assist the said Thomas Bushell and other Undertakers in all things so far as Lawfully they may for the continuance of his Lawful Possession and the quiet and peaceable Working of the said Mines until he shall be ejected by due Course of Law as also for getting and working of Turf or Peate according to his Legal Right upon His Majesties Wasts and other places Lawful and all other Lawful accommodations of necessary passages and other Legal things which may any ways advance His Majesties Service in the said Royal Mines Commissioners to attend the King in Scotland It was this day Ordered by the Commons That two Members only of this House shall go Commissioners into Scotland with the Earl of Bedford and Mr. Hambden and Sir Philip Stapleton to be the Persons A Committee was also appointed to draw Instructions for them Petition against the Minister of St. Ann's Aldersgate A Petition was read against the Minister of St. Anns Church near Aldersgate for speaking Words against the Parliament for so they called the House of Commons saying It would not last alwayes but they would hereafter be questioned for some things they have done
to give your Lordship many thanks not only for your great care daily exprest of the Army but for your no less vigilancy over the present distracted Estate of this Kingdom particularly for the account given by your Excellency to my Lord Chamberlain of the doubts conceived by your Lordship concerning it and we hope that if the causes of those doubts shall increase that your Excellency will likewise increase both your Vigilancy to discover and your Industry to inform us of all such proceedings as may concern us to be made acquainted with for the Publick Good I am likewise to acquaint your Excellency That to prevent all inconveniencies and dangers that may happen of which we find your Lordship to have already so quick and just a Sence both Houses have joyned to secure Hull as a place of great Importance especially by reason of the Magazine and upon which ill affected Persons may most readily have some design and in pursuance of that Resolution your Lordship will receive Orders from the House of Commons and I am to deliver your Lordship those of the House of Peers That your Lordship command the Major of Hull in the name of both Houses to use all possible care to secure the Town committed to his charge and not to suffer the Arms and Amunition in that Magazine to be disposed of without the Orders of both Houses I shall trouble your Lordship no further but only to desire your Excellency to continue your speed of Disbanding of the Army in the method already Ordered which till it be effected as we are confident it will be so soon as your Lordship can bring it to pass I am commanded to make a part of every Letter which I shall direct to your Excellency Your Excellencies Humble Servant Edward Littleton The time for the 13 Bishops to put in their Answer The Lords fell upon the Debate at what time the Bishops should put in their Answer and iâ— was Ordered That the Lords the Bishops that are Impeached by the House of Commons are to make their Answers thereunto on Thursday come Month being the 16th day of September nexi It was this day Ordered by the Commons 3000 l. Ordered for the Garrison of Portsmouth That Three Thousand Pound shall be paid by the Sheriff of Hampshire out of the Poll-Money to Colonel Goring for the Garrison of Portsmouth The Committee then reported the Case about the Pattent for Soap Monoply of Soap voted Illegal upon which it was Resolved c. That the Patent Indenture Decree and Process in the Star-Chamber about Soap-Boilers is Illegal The Commons having desired a Conference with the Lords Wednesday August 18. Report about putting the Kingdom into a Posture of Defence about putting the Kingdom into a Posture of Defence Mr. Hollis Reports that Conference The Lord Chamberlain told us his Majesty before his going had declared That he would appoint a General for the South Side of Trent and that his Majesty was pleased to nominate him and that since his Majesties going a Commission had been delivered unto him under the Great Seal He apprehended this too great a Burden and knew not what Exception had been taken to the Proceedings of the Lord Lieutenants and Deputy Lieutenants That by this Commission in case of Tumults and Commotions he is to raise Forces and Men for the securing the Person of the Queen the Prince and the rest of the Royal Family He offered these Difficulties That when these Forces were raised he knew not how to levy Money for the Payment of them and besides he is to take a Care if there were an Invasion from Abroad for which he was ill prepared having no Intelligence or Correspondency from Ambassadors Abroad or from the Fleet and so concluded with a desire of Advice from this House Orders concerning the Bishops to prepare for their Answer In order to their Preparation for giving in their Answer It was this day Ordered by the House of Lords That the Bishop of Rochester with one other of the Bishops may have free Access twice unto the Lord Archbishop of Canterbury to speak with him concerning their Answer to the Impeachment brought up against them from the House of Commons for making a Book of Canons c. and they are to speak with the said Archbishop of Canterbury about no other Business It was also Ordered That the Lords the Bishops may Access unto and have Copies of all such Acts and Records as are in any of his Majesties Courts of Justice and Publick Offices which may make for their Defence or Answers to the Impeachments brought against them from the House of Commons Upon what Ground Information or Suspicion it does not appear but it was this day Ordered That Mr. Justice Heyward shall have Power by virtue of this Order Order to search under the Parliament Houses to search before the next Meeting of Parliament at Roseby's House the Tavern and such other Houses and Vaults or Cellars as are under the Vpper House of Parliament that there be no Powder Arms or any other Ammunition as may endanger the Safety of the Houses of Parliament and hereof Account is to be given to this House The Lord Viscount Say and Seal reported the Conferences Yesterday with the House of Commons touching disarming Popish Recusants THat because divers former directions have been frustrated The Result of the Conserence about Disarming Recusants Aug. 18 1641. the House of Commons holds it necessary to add some extraordinary courses at this time for the disarming of Papists there being more then extraordinary cause of danger for effecting whereof It is propounded and desired That Commissioners or Committees may be forthwith sent into the Counties of most danger as Yorkshire Lancashire Cheshire Staffordshire Hampshire and Sussex Authorized by Ordinances of Parliament to see the Papists disarmed in those places That these Committees may examin where the defect hath been that former Orders have not been observed especially in Case of such Papists as are in Power and that they may have direction to give the Oath of Allegiance to such as are justly suspected of Popery That the Commons have informed that divers Recusants have been kept from Conviction by Priviledg of Parliament allowed in the Upper House whereupon it was delivered as the clear Opinion of the House of Commons That no Priviledg of Parliament is to be allowed in this Case of Conviction or Disarming of Recusants for which these Reasons are given 1 That no Priviledg is allowable in Case of the Peace betwixt Private Men much more in Case of the Peace of the Kingdom 2 That Priviledg cannot be Pleaded against an Indictment for any thing done out of Parliament because all Indictments are contra pacem Domini Regis 3 Priviledg of Parliament is granted in regard of the Service of the Common-wealth and is not to be used to the danger of the Common-wealth 4 That all Priviledg of Parliament is in the power
present Month Letter to the Lord General for the Scots to March over Barwick Bridge concerning the Passage of the Scots over Barwick Bridge and have acquainted the Lords with the same they have Commanded me to signifie unto your Lordship That since it is a Resolution taken by both Houses and consented to by them they see no Cause to alter it or to give an Occasion to the Scots to hinder their March as is agreed and concluded on by the Treaty here and therefore they adhere to their first Order to your Lordship for their Passage over Barwick Bridge and do require your Lordship to obey the Order of the Houses only for the Manner and Onder they recommend it to your Lordships Care and Directions that it may be speedy and with Safety God have your Lordship in his Keeping Your c. His Majesty was now Safely Arrived in Scotland Monday Aug. 19. purposing with all Application imaginable to Settle and Quiet the Minds of his Subjects of that Kingdom in hopes that it might conduce very much to the Composure of the Affairs of England and for this purpose at his first appearance in the Parliament of Scotland being Thursday August 19th he made this following Speech My Lords and Gentlemen THere hath nothing been so displeasing to Me as those Vnlucky Differences which have happened between Me and My People His Majesties Speech to the Parliament of Scotland Aug. 19. 1641. and nothing that I have more desired than to see this Day wherein I hope not only to settle these Vnhappy Mistakings but rightly to know and to be known of My Native Countrey I need not tell you for I think it is well known to most what Difficulties I have passed through and overcome to be here at this present Yet this I will say If Love to My Native Countrey had not been a chief Motive to this Journey other respects might easily have found a shift to do that by a Commission which I am come to perform My Self And this considered I cannot doubt of such real Testimonies of your Affections for the maintenance of that Royal Power which I enjoy after an Hundred and eight Descents and which you have professed to maintain and to which your own National Oath doth oblige you that I shall not think any Pains ill bestowed Now the End of My Coming is shortly this to perfect whatsoever I have promised and withal to quiet the Distractions which have and may fall out amongst you And this I mind not superficially but fully and chearfully to perform For I assure you That I can do nothing with more chearfulness then to give My People a general Satisfaction Wherefore not offering to Endear My Self unto you in Words which indeed is not My way I desire in the first place to Settle that which concerns the Religion and Just Liberties of this My Native Countrey before I proceed to any other Act. Information of Arms in the Marquess of Winton's House at Basing-Stoke In the House of Commons one Mr. Sewer did this day give Information that he did see on Monday was seven-Night a great many Arms in the Marquiss of Winchester's House at Basingstoke a Recusant and that the Keepers of them told him there were Arms for a thousand five hundred Men. One Welsh an Irish Priest was ordered to be sent for and if he refused to come to be taken into Custody by the Serjeant It was also Ordered Order about disbanding That Mr. Arthur Goodwin Mr. Hotham and Sir Henry Anderson shall go into the North about disbanding the Army to whom Mr. Scowen was afterwards added by a Vote of the House The Copy of the Commission to be sent for his Majesty to Sign for the Commissioners to impower them to go into and Act in Scotland was also read which was as follows Commission for the Commissioners that are to go to Scotland CHARLES by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. To Our Trusty and right well Beloved William Earl of Bedford and to Our trusty and right well Beloved Edward Lord Howard and also to Our trusty and well Beloved Nathaniel Fiennes Esquire Sir William Armyn Baronet Sir Ph ilip Stapleton Knight and John Hambden Esquire Greeting Know Ye that We reposing special Trust and Confidence in your approved Fidelity Wisdom and Discretions have Nominated and Appointed you to be Our Commissioners and by these said Presents give unto you or any three or more of you full Power and Authority to go into Our Kingdom of Scotland and there to Treat Confer and Concluds with such of Our Commissioners as shall be Named and Authorized in Our Parliament of Scotland according to the Instructions hereunto Annered And you or any three or more of you are likewise to Observe and Pursue all such further Instructions as you or any three or more of you as aforesaid shall from time to time receive from the Lords and Commons Assembled in Our Parliament of England with Our Consent and Approbation Signified under Our Royal Hand In Witness c. The House took into Consideration the Case of Mr. Votes about Mr. Cooper suspended by Dr. Rone and Sir John Lamb. Cooper Rector of Alton in Com. Huntington and it was Resolved c. That the Suspension of Mr. Cooper Rector of Alton in Com. Huntington for not reading the Book of Recreations is illegal Resolved c. That Doctor Rone and Sir John Lamb ought to give him Reparation for his Damages sustained and that his Suspension be taken off Post Meridiem Mr. Pym Reports the Order agreed upon by both Houses for the Disbanding in haec verba WHereas it was Ordered by the Lords and Commons in Parliament August 7. 1641. Order of both Houses for disbanding the Army That the Horse Troops of the King's Army be forthwith Disbanded whereunto his Majesty gave his Corsent and signified his gracious Pleasure to have it effected accordingly all which was certified to the Earl of Holland General of his Majesties Army by two several Letters from the Speakers of both Houses respectively and withal a Copy of the same sent unto him We understand by a Letter from the Lord General that none of the Horse are yet disbanded nor intended to be disbanded until the 24th of this Month and that it is propounded that some of the Foot shall then be disbanded before the rest of the Horse now both the Houses of Parliament expecting that this Order should have been performed accordingly do hereby expresly Order that the Lord General all further Delays and Excuses set apart shall forthwith disband all the Horse Troops of the Army before any of the Foot and commanded them and all the Officers of the said Horse Troops to depart from the Army which they do hereby declare to be a Matter of great Importance to the good of the Common-Wealth and therefore they do expect a quick and ready Obedience thereunto
inconstancy in him but it was certainly out of a true and peculiar understanding his power The present State of Christendom is apparent That the House of Austria begins to diminish as in Spain so consequently in Germany That the French do swell and enlarge themselves if they grow and hold they will be to us but Spain nearer hand Alliances do serve well to make up a present Breach or mutually to strengthen those States who have the same ends but politick Bodies have no Natural affections they are guided by particular interest and beyond that are not to be trusted Although it may be good Policy to breed a Militia at the charge of other States abroad for our own use and occasions at home yet that ought rather to be done amongst Friends of the same way and so the Low-Countries have been an Academy to us His Majesty hath now an Ambassador Treating with the Emperor about the Palatinate If we send away our Men it will so damp and discountenance the affairs of the Prince Elector as the World will believe we never had nor ever shall have any intentions to assist him at all I have observed for divers years That England is not so well Peopled but we do want Work-folks to bring in Harvest our Disbanded Soldiers will least dislike that kind of Work and if they be speedily Dissolved that employment will entertain them for the present and inure them to labour for hereafter Upon these considerations Mr. Speaker I cannot give my advice to add more strength to France by weakning both our selves and our Friends As for sending the Irish into Spain truly Sir I have been long of Opinion that it was never fit to suffer the Irish to be promiscuously made Soldiers abroad because it may make them abler to trouble the State when they come Home Their intelligence and practice with the Princes whom they shall serve may prove dangerous to that Kingdom They may more profitably be employed upon Husbandry whereof that Kingdom hath great need Besides it will be exceeding prejudicial to us and to our Religion if the Spaniard should prevail against the Portuguez It were better for us he should be broken into lesser Pieces his Power shivered If the King of Portugal had desired these Irish I should rather have given my Vote for him then for the King of Spain because it will keep the Ballance more even Spain hath had too much of our Assistance and Connivence heretofore I am sure it lost us the Palatinate Now that it is come to our turn to advise I hope we shall not do over other mens faults again If the present Government of Ireland be not able to restrain their disordered People there is a Noble Lord already designed to that Charge who by his knowledge in Martial Affairs and other his great Abilities will be no doubt abundantly capable to reduce them to a due obedience Wherefore Mr. Speaker upon the whole matter My Opinion is that we should not be forward to spend our Men but rather to preserve and husband them for our own use and employments for our Friends for our Religion Whether the Close of this Speech did not cast an Ominous Aspect upon the succeeding Actions of this Parliament what ever the Speaker meant let the Reader judge However there is no doubt but this Prohibiting the Irish Army to pass into the Service of the King of Spain had a most direful Influence upon all the following Miseries which befell these Kingdoms After which the House came to these Votes Resolved upon the Question That this House holds it not fit nor gives Assent that there should be any levies of Men in Ireland for the service of the King of Spain Resolved c. That this House thinks it not fit nor gives Assent that there should be any levies of Men in any of his Majesties Dominions for the French King's Service Upon this a Conference was desired with the Lords which was to this Effect Conference about Soldiers for Forreign Ambassadors That the Spanish Ambassador formerly did move the King that he might have leave to Levy and Transport four Regiments of Soldiers in Ireland for the Service of the King of Spain his Majesty was pleased to declare that he would do nothing herein without the Advice of both Houses of Parliament and since they understand his Majesty hath been informed that the Parliament did Assent to the Levying and Transporting of the said Soldiers to the end that it may appear that the House of Commons are far from giving their Assent therein they have resolved and declared that they hold it not fit nor give Assent that there be any Levies of Men in Ireland for the Service of the King of Spain and hold it fit that there be a suddain stop made of the Ships contracted for by the Spanish Ambassador for the Transporting of the Soldiers out of Ireland And further they hold it not fit nor give Assent that there should be any Levies of Men for the French King's Service within any of his Majesties Dominions for that they know not what Vse this Kingdom may have of Men. Upon which the Lords having debated the Matter passed the same Votes with the Commons and further Ordered Sir John Pennington should stay all the Ships in the Downes which were hired by the Spanish Ambassador to transport these Men as also to stop such Ships as were riding in the River of Thames till the further pleasure of the House be known An Order was also sent to the Lord Newport Constable of the Tower to tender the Protestation to all such Persons as he takes into the Tower for the Guard and Defence of it and if any of them refuse not to admit them to be of the Guard A further Order was this Day pass'd both Houses Monday August 30. concerning the Thanksgiving for the Pacification the Scots it seems being not content after having invaded England in a Hostile manner put the Nation to above a Million of Mony through the Interest they had in the Presbyterian Faction to purchase a Peace even upon their own Conditions unless they might be publickly declared Loyal and Faithful Subjects to such hard Terms did the Obstinate Faction drive his Majesty even while they made him all the Protestations of Humility Duty Loyalty and Allegiance which certainly to a great Monarch who by Proclamation had justly stiled them Rebels and had lead an Army against them was a severe Request not to call it an Imposition and which none but Presbyterians or their Off-Spring would have attempted but such was the Fury and Violence of the Current that there was no stopping or stemming of it and his Majesty found himself under such hard Circumstances and Difficulties that he was even compelled to yield to this most extravagant Request See here the Order WHereas according to the Act of this present Parliament for Confirmation of the Treaty of Pacification An Order to declare the Scots
who invaded England faithful and Loyal Subjects in all Churches and Chappels upon the Thanksgiving Day between the Kingdoms of England and Scotland it was desired by the Commissioners of Scotland that the Loyalty and Faithfulness of his Majesties Subjects might be made known at the time of the Publick Thanksgiving in all Places and particularly in all Parish Churches of his Majesties Dominions which Request was graciously condescended unto by his Majesty and confirmed by the aforesaid Act. It is now Ordered and Commanded by both Houses of Parliament that the same be effectually done in all Parish Churches throughout this Kingdom upon Tuesday the 7th day of September next coming at the time of Publick Thanksgiving by the several and respective Ministers of each Parish Church or by their Curates who are hereby required to read this present Order in the Church Thus did they resolve not only to conquer but to triumph and this was also to be a little kind of Shibboleth for the Clergy for who ever did either speak any thing against the Scots or declined this Declaration of their Loyalty and Fidelity to the King which it was very difficult for Men of sense to believe and therefore more hard for Men of Conscience to declare were certain to be esteemed Malignants and upon the least Complaint were sure to be sent for in the Custody as Delinquents It was also Ordered That Mr. Marshal and Dr. Marshal and Burgess to preach before the Commons upon the Thanksgiving Day A Petition of some Merchants to seize some Parts of America Burgess be desired to Preach before the House of Commons upon the Thanks-Giving Day at St. Margarets Church in Westminster A Petition was presented to the House by several Merchants about the Town consisting principally of three Heads 1 That there might be a certain number of Ships well appointed and stored with Ammunition and Provision for such a Service to be sent to America and some Part to Affrica whereby we might possess our Selves with the Riches of those Countries 2 That the Spanish Party is now grown weak which may induce us with greater alacrity to attempt it 3 That we may thereby become possessed of the Command of both the North and South Seas which will both increase Commerce Shipping Sea-Men and Trade at Home and render us Formidable and Powerful Abroad The Lord Keeper signified to the House that he had received a Letter from the King at Edenburgh by Mr. Anthony Nichols who was the Express sent from both Houses to His Majesty in Scotland The Letter was read in haec verba RIght Trusty and well Beloved We greet you well Whereas We have understood by the Petition of both Houses of Our Parliament in England The King's Letter to the L. Keeper about the Commission to the Committees of both Houses which Anthony Nichols Esquire hath been imployed to Vs from them that they are resolved to send down certain of their Members for to see the Ratification of the Treaty of Pacification by the Parliament here and to that end have desired a Commission under Our Great Seal We do not hold necessary to sign any such Commission but are hereby graciously pleased to give leave to the said Members to come and attend Vs here in Scotland to see the Ratification of the said Treaty and what else belongs thereunto and this We require you to signifie unto both Houses from Vs Given under Our Signet at Our Court of Edenburgh and the 25th Day of August in the 17 Year of Our Reign Such was the Ungovernable Insolence of the Rabble of those who called themselves the Well-Affected Party by their having been indulged because not severely Punished in the Case of the Earl of Strafford that upon every Occasion like a Fire ill quenched they broke out into Disorder and Outrages which was the Occasion of this following Order of the Lords UPon Information this Day to this House An Order of the Lords about the Tumults concerning the French Ambassador Aug. 30. 1641. that the French Ambassador and his Servants hath been lately Assaulted in his own House by a Company of Rude and Insolent People unto the great Dishonor of Our Nation and to his Lordships insufferable Wrong Injury and Dishonor whereof this House is very sensible and do intend that all possible Diligence be used for the finding out of the Malefactors for the Punishment of them to the Example and Terror of others that none may presume hereafter to commit the like Outrages to any Ambassadors of whom this House will always take regard It is therefore thought fit and Ordered by this House That Mr. Hooker Mr. Long Mr. Whittacre and Mr. Shepheard his Majesties Justices of the Peace or any two or more of them shall speedily take this Business into their Examination and by all Dilligence that may be used find out the said Malefactors and to Imprison them until they find out Sureties for their good Behavior and to appear in this House on Monday the 6th of September 1641. to undergo such Punishment as their Lordships shall think fit to inflict upon them for their said Offences and Misdemeanors so committed as aforesaid And that the said Justices of the Peace having throughly examined the Business shall make Certificate unto this House on the said sixth day of September next of all the whole Matter and how they find it that thereby their Lordships may proceed therein according to that which shall be Just And lastly That the aforesaid Justices shall give Order That there shall be Watch set according to Law for the better securing the Safety of the Ambassador and his House and for preventing Disorderly and Tumultuous Assemblies Ordered That the Lord Great Chamberlain Lord Chamberlain Earl Warwick Lord Kymbolton do acquaint the French Ambassador from this House that their Lordships have taken this Business into Consideration The House of Commons also took the Case of Sir John Corbet into debate whe for saying at a Quarter Sessions in the County of Salop That the Muster Masters Wages throughout England were illegal and against the Petition of Right c. had been Imprisoned and Fined by the High Commission Court and it was Ordered That the late Lord Keeper Coventry the Archbishop of Canterbury and others who were the Occasions of it shall make him Reparations for his Sufferings and Damages and a Conference was desired with the Lords upon it where the Managers of the Commons delivered to their Lordships a Transmission of an Impeachment concerning the Cause of Sir John Corbet a Member of the House of Commons against the Earl of Bridgwater the Lord Privy Seal the Archbishop of Canterbury the Lord Cottington the Lord Newburgh and the two Secretaries of State in which the House of Commons desire that the several Persons whom it concerns may be called to answer and that their Lordships would proceed therein according to Justice and that Sir John Corbet may have Reparation for his Imprisonment
c. Next the Bishop of Linclon reported that at the same Conference Mr. Nichols that was sent into Scotland to his Majesty from both Houses reported That he had delivered the Petition and the Draught of the Commission to his Majesty but his Majesty thought not fit to sign it for these Reasons which he commanded him to signify to the Parliament 1 That his Majesty conceives the Treaty of Pacification The King's Reasons for not signing the Commission sent into Scotland by Mr. Nichols from both Houses between the two Kingdoms is already ratified by the Parliament of Scotland 2 If this Commission should be granted it would beget new Matter 3 It would be a means to keep his Majesty longer there then he intended to stay 4 That the Scots Army is over the Tweed and that the Lord General hath almost Disbanded all Our Army and hath begun with the House A Letter from the Lord General was read declaring Contents of a Letter from the Lord General That he will pursue the Orders of Parliament in disbanding the Army but he understands that the Scots will keep 5000 Men undisbanded until our Army be all disbanded and our Fortifications at Barwick and Carlisle slighted and that to this purpose he had received Directions from his Majesty to demolish the Fortifications and remove the Ordnance and Munition from thence The Bishop of Lincoln Reported the Conference with the Commons concerning Disarming Recusants to this Effect THat the House of Commons had taken into consideration the Store of Arms in this Kingdom and they find The Conference about disarming Recusants Aug. 30. 1641. that there are many Arms in the hands of Popish Recusants for disarming of whom the House of Commons have frequently recommended to this House the disarming of them according to the Stat. of 3 Jac. but they have found that the good came not by this Statute as was intended for upon Indictments for Recusancy there were Certioraris's granted Therefore the House of Commons have taken these things into consideration again and the rather because of the Kings absence at this time in Scotland and that the time of the Recess draws nigh and considering the late Troubles of this Kingdom whch are not yet settled the House of Commons have considered of an Ordnance of Parliament and some Instructions to be given unto such Commissioners as they have named to see to the disarming of Popish Recusants according to the Statute of 3 Jacobi which Ordinance and Instruction they present to their Lordships desiring them to joyn with them herein Then the aforesaid Ordinance and Instructions were read in haec verba An Ordinance made and agreed by the Lords and Commons in Parliament for the speedy disarming of Popish Recusants and other dangerous Persons The Ordinance of Parliament for Disarming Recusants WHereas for the preventing and avoiding of dangers that might grow by Popish Recusants Provision hath been heretofore made by Act of Parliament for the disarming of all Popish Recusants convicted within this Realm which said Law hath not taken so good effect as was intended by Reason such Recusants and Persons Popishly affected have by subtle practices and indirect means kept themselves from being convicted or being outwardly conformable have caused or suffered their Children Grand-children and Servants to be bred up and maintained up in the Popish Religion and have otherways hindred the due Execution of the said Law to the great danger and grievance of the Common-wealth And for that it is too manifest that the said Popish Recusants have always had and still have and do practise most dangerous and pernicious designs against the Church and State and by the Laws of this Realm in times of imminent danger or of any forcible Attempts Designs or Practises against the Peace and Safety thereof all Armor Weapons and other Provisions that may tend or be imployed to the effecting of such mischievous Designs ought timely to be removed and taken away and all fit means used for the securing of the Peace and safety of the Realm And for the preventing of such further mischiefs as may happen by any Outrage or Violence to be offered It is therefore Ordained and Provided by the Lords and Commons in this present Parliament Assembled That all such Arms Gun-powder and Munition of what kind soever as any Popish Recusant convicted or any Person or other which is or shall be Indicted for such Recusancy and such Indictments either are or shall be removed by Certiorari or being not removed shall not by Appearance and Traverse or otherwise be Legally discharged before this Ordinance be put in execution or which shall not have repaired to Church more then once in every Month or shall not have received the Holy Communion according to the Rites of the Church of England within one whole year next before the making hereof and which shall refuse to take the Oaths of Supremacy or Allegiance upon Lawful Tender thereof made or whose Children or Grand-children or any of them being at his or her dispose or living in the House with them is or shall be bred up in the Popish Religion or have not repaired to Church within one year next before the making of this Ordinance according to the Laws and Statutes of this Realm or whose Houshold Servants or any two or more of them is or shall be of the Popish Religion hath or shall have in his and their House or Houses or elsewhere or in the hands and possession of any other to his or their use or at his or their disposition other then such necessary Weapons as shall be thought fit by the Persons Authorized to take and Seize the said Munition to remain and be allowed Arms for the defence of the Person or House of such Recusant or Person aforesaid shall forthwith be taken from every such Popish Recusant or Person as aforesaid and from all others which shall have the same to the use of any such Popish Recusant or Person by such Person and Persons as are and shall be by this Ordinance appointed and authorized in that behalf for every Shire County and Riding within this Realm and Dominion of Wales that is to say For the County of Bedford Sir Oliver Luke Sir Beuchamp St. John Sir Roger Burgoigne Knight For the County of Lancaster John Moor Alexander Rigby Esquire Members of the House of Commons and the two Knights that Serve for that County For Cheshire Sir William Brereton Baronet Peter Vennables Esquire For the City of Chester Francis Gamull Esquire the Major for the time being For the County of Stafford Sir Edward Littleton and Sir Richard Levison For the County of Derby Sir John Curson William Allestre Esquire For the County of Nottingham Sir Thomas Hutchinson Robert Sutton Esquire For the Town and County of Nottingham Sir Thomas Hutchinson Robert Sutton Esquire and the Major for the time being For the County of Lincoln Thomas Hatcher Thomas Grantham and John Broxholm Esquires
better consideration they were returned to submit to the Pleasure of the House I thought it my Duty to make some Privy Councellor acquainted therewith whereupon I went to my Lord Wilmott with them who undertook they should attend the Committee the next Sitting which they did accordingly and in pursuance of the Order and Warrant of the House for the apprehending of them they were both attached by the Sergeant's Deputy so the House may be pleased to send for them and to do therein as they see Cause For the Letters last received out of Scotland from the Committee they speak of something intended to be done there upon the Persons of divers Lords of Scotland and in regard some of the Parties suspected to have a hand in that Design are suspected to be Papists the Committee did conceive it might have Correspondence with the like Party here and therefore Commanded me Yesterday to write to my Lord Mayor of London to place convenient Guards in several places of the City till he received further Directions from the Parliament and the like to the Justices of the Peace for Middlesex Westminster and Southwark and to observe such further Directions as they should receive from the Earl of Essex who in his Majesties Absence is appointed General on this side Trent I forgot to Report one thing That upon Tuesday last was Seven-night the Committee here agreed and so Ordered That the Committee of Scotland should unless they see cause to the contrary return home and lest our Letter might miscarry Commanded me to send an Express Messenger to them and I did so and writ also by the Weekly Post of our Order as also of the Lords Order for their Commissioners to come home The Party I sent who was commended to me for a very honest man should have been there on the Monday following which he Easily might have done if he had been well but on Friday last he was not come to Edinburgh neither could he be heard of in all the Road so that we may justly fear some misfortune is befallen him that he is knocked on the head and his Letters taken from him After this Sir John Berkley was by Order of the House committed Prisoner to the Tower Sir John Berkley and Mr. Daniel Oneal committed and Sergeant-Major Oneal to the Gate-House Then Mr. Pym reports Heads for a Conference with the Lords the Letter from the Committee in Scotland of the 14th of October to be read That there was a design of the like nature in this Kingdom Heads of a Conference about the Conspiracy in Scotland to seduce the King's Army to interrupt the Parliament here and the like design at the same time in Scotland the principal Party in Scotland suspected to be Popishly affected and therefore may have Correspondence with the like Party here That it hath been lately published here that some things were to be done in Scotland before it broke out there and therefore we may suspect some Correspondency here Vpon these Grounds to propose to the Lords that strong Guards be kept in the Cities of Westminster and London Secondly That care may be taken for the future for the defence of the Kingdom The next great step these Men had before them was the Power of the Sword the Command of the Militia of the Kingdom which under the notion of putting the Kingdom into a Posture of Defence they thought by Artifice to have gained from the King and to put out of all Places of Power and Trust those whom they knew to be their Enemies or suspected might oppose their Anti-Monarchical Designs and to fill the Vacancies with those of their own Party for if they could gain this point they assured themselves of Impunity for the future and the easie accomplishment of their great Affairs and therefore they not only laid hold of all occasions which might Countenance this Attempt but found out many Dangers and Imaginary Fears and Jealousies which had no other Foundation but their own Politick Fancies Before we proceed any further in regard Mr. Pym's report of what was done during the Recess is very concise I will give the Reader an account of some passages which I meet with in the Prints which then went abroad by which he may see what effect this Declaration of the House of Commons had upon the Affairs of the Church and how quietly and without Tumultuous disturbances the Godly Party did according to the last Clause of the Declaration attend the intended Reformation For at St. Giles's Cripple-Gate the Sectaries and the Orthodox were got almost to Daggers drawing the one about Executing the Order of the House of Commons the other for preserving their Church in its ancient condition with the Rails about the Communion Table But in the End it seems the Church was for that time secured and the Church-Wardens and Parishioners presented a Petition to the Committee that the Rails about the Communion Table might not be taken away setting forth among other Reasons An Innovation of 80 years standing for that they have been placed so near upon Fourscore years and the necessary Use Decency and Convenience of them in the Administration of the Holy Sacrament But notwithstanding this Prescription to their quiet Possession they were by the Committee condemned as an Innovation and the Petitioners were referred to the Order of the whole House upon it and dismissed with a menace to submit unto it or to answer their contempt at their Peril Upon Tuesday the 5th of October a complaint was made against a Church-Warden and some others of the Parish of St. George's in Southwark for some resistance made by them about the Rails taking down which were about the Communion Table and they were ordered to attend the Committee on Friday following for where the Zealous Reformers were not strong enough to execute the Order by Force and Violence Rudeness and Tumult they had ever recourse to the Trade of Informing But where they had strength there they carved out their own satisfaction breaking down the Carved work of the Houses of God with Axes and Hammers and in St. Mary Wool-Church London not content to pull down the Rails they fell upon the East Window which was fairly beautified with Painting of several Histories of the Bible and in the height of their Zeal against Innovations made bold to exceed the Limits of the Commons Declaration utterly defacing and beating it in pieces as they did several other Monuments of Antiquity in that Church Complaint was made again Dr. Heywood of St. Giles's Church for not suffering the Order to be read in his Church upon which he was Ordered to attend upon the Committee upon Saturday following There was likewise a Petition delivered against Mr. Booth Minister of St. Botolphs Aldersgate for not permitting the Rabble of Sectaries to pull down the Rails c. Another Petition was preferred against Dr. Fuller Dean of Ely for opposing the Order about Lecturers the Zealots being desirous to
set up Mr. Sedgewick a Factious Minister to preach a Thursday-Lecture in his Parish This day the whole Trained Bands of Westminster attended all the day long in Arms The Trained-bands raised to Guard the Parliament in the Palace Yard till both the Houses rose when they received Directions from the Earl of Essex to divide their whole number being about 500 Men into four parts for that it would be too hard duty for the whole Band daily to attend and also to watch by Night therefore one hundred might attend for the Day and be relieved at Night for a Corps du Guard and by this means they might alternatively be eased The Commons reassumed the Debate concerning the Danger of the Times Thursday October 21. and Ordered that another Head of the Conference with the Lords should be to move That an Express be sent to the Committee of both Houses in Scotland to let them know That the Parliament takes well the Advertisement and that they conceive the Peace of that Kingdom concerns the Good of this Kingdom and that if there be any Tumult to oppose the Acts Confirmed by both Kingdoms and that his Majesty will Command any Assistance to Suppress them that both Houses will be ready to maintain his Majesty in his Greatness and to suppress those that are disturbers of the Peace It was also further desired at the Conference That Sir John Berkley and Daniel Oneal who had rendred themselves to the Committee during the Recess might be Examined by the Lords in the same manner as the others who were suspected of the Confederacy had been and it was particularly Ordered by the Lords That Sir John Berkley be Examined concerning what he reported of the Lord Admiral 's Advice to him to come over into England he being fled upon a suspition of having a hand in the late Treason of bringing up the Northern Army against the Parliament A Complaint was brought into the House against the Curate and some Parishioners of Cripplegate for not obeying the Order of Sept. 8th for Reformation Upon which occasion Sir Edw. Deering whom for his last Speech the Faction began to dislike spake as follows Mr. Speaker IT is very true as is instanced unto you that your late Order and declaration of the eighth and ninth of September Sir Edw. Deering's Speech about the Order of the 8th of September Oct. 21. 1641. are much debated and disputed abroad perhaps it may be a good occasion for us to re-dispute them here The intent of your Order to me seems doubtful and therefore I am bold for my own instruction humbly to propound two Quaeres 1. How far an Order of this House is binding 2. Whether this particular Order be continuant or expired Your Orders I am out of doubt are powerful if they be grounded upon the Laws of the Land Upon that warranty we may by an Order enforce any thing that is undoubtedly so grounded and by the same Rule we may abrogate whatsoever is introduced contrary to the undoubted foundation of our Laws But Sir this Order is of another nature another temper especially in one part of it Of which in particular at some other time Sir There want not some abroad men of Birth Quality and Fortunes such as know the strength of our Votes here as well a some of us I speak my own Infirmities men of the best worth and of good affiance in us and no way obnoxious to us They know they sent us hither as their Trustees to make and unmake Laws They know they did not send us hither to Rule and Govern them by Arbitrary Revocable and Disputable Orders especially in Religion No time is fit for that and this time as unfit as any I desire to be instructed herein Mr. Speaker in the second place there is a Question whether this Order whereupon your present complaint is grounded be permanent and binding or else expired and by our selves deserted I observe that your Order being made the eighth of September in hope then of concurrence therein by the Lords that failing you did issue forth your last resolution by way of declaration the ninth of September wherein thus you express your self That it may well be hoped when both Houses shall meet again that the good propositions and preparations in the House of Commons for preventing the like grievances and reforming the disorders and abuses in matter of Religion may be brought to perfection wherefore you do expect that the Commons of this Realm do in the mean time What obey and perform your Order made the day before No such thing but in the mean time quietly attend the Reformation intended These are your words and this my doubt upon them whether by these words you have not superseded your own Order Sure I am the words do bear this Sence and good men may think and hope it was your meaning My humble Motion therefore is this I beseech you to declare that upon this our Re-convention your Order of the eighth of September is out of Date And that the Commons of England must as you say quietly attend the Reformation intended which certainly is intended to be perfected up into Acts of Parliament And in the mean time that they must patiently endure the present Laws until you can make new or mend the old The Commons fell again upon the Impeachment of the Bishops Friday Octob. 22. and a Message being sent to the Lords to desire they might be put to a speedy Answer the Tenth of November was given the Bishops for a day to give in their Answer to the Charge A Letter was then read in the House which was to be sent to the Committee in Scotland Which was as followeth THE Advertisement which you have given in your Letters of the 14th of this Month The Letter to the Committee in Scotland concerning the Designs against the Persons of the Lord Marquiss Hamilton the Earls of Argyle and Lannerick hath been communicated to both Houses who do very much commend your Wisdom and Diligence in sending them timely Notice of an Accident of such great Consequence to the Peace both of this and that Kingdom and do give you Thanks for your Care therein and I am to let you know That We have received no other publique Intelligence thereof Wherefore the Desire of both Houses is That so long as you stay there you continue to Inform the Houses of Parliament of the Further Proceedings in this matter and such other Accidents as may any way concern the Safety of both Kingdoms and thereupon they have thought good to make further addition to your former Instructions touching some things which they conceive fit to be represented to his Majesty from the Lords and Commons of this Parliament here as you may perceive by the inclosed which I am Commanded to send to you and to commend to your Care and Wisdom not doubting but you will fully answer their Expectations and Confidence And for
this Parliament Assembled hath ordained ut sequitur in the Act. And these Acts made by the King the Lords Temporal and Commons only were upon the Clamorous complaints of the Commons about the giving of the Benefices of England to strangers and others who never were Resident upon the Benefices This Report being made the House took the same into Consideration and for the better debate of the Propositions the House was adjourned into a Committee during pleasure And the Question was Whether those Thirteen Bishops that stood Impeached of those Crimes by the House of Commons shall be suspended from their Votes in this House until they stand Recti in Curia After a long debate herein the House was resumed and it is Ordered That the further Consideration of the Propositions which came from the House of Commons and the Bill entituled an Act for disabling Persons in Holy Orders to Exercise any Temporal Jurisdiction shall be both deferred until the Tenth day of November next A Message was brought from the House of Commons by Arthur Goodwin Esquire to let their Lordships know That whereas at a Conference Yesterday touching the Bishops which were Impeached for making of Canons the House of Commons did tell their Lordships That they had a Witness a Member of their House Mr. Wheeler to prove that the said Bishops did Subscribe to those Canons he having seen the Register Book with their Names written with their own Hands all which he is now ready upon Oath to prove if their Lordships shall rest herein satisfied the Register Book being in a House which is visited with the Plague The Reader will see by these Arguments of Mr. Solicitor St. John the utmost Strength of the Reason which they had to exclude the Bishops from their Votes and Peerage Now in regard the same thing has been again moved and the Arguments revived by the Successors of the same Faction who still retain the old Principles and Kindness to the Lords the Bishops looking upon them as a kind of Supernumeraries in the House of Lords who may well be spared and not as in reality they are a third Estate to stop the Progress so far as I am able of such an Error dangerous to the very being and Fundamental Constitution of our Parliaments I here present the Reader with a short Abstract out of the Learned Piece writ upon this Subject Entituled The Grand Question concerning the Bishops Right to Vote in Parliament in Cases Capital Stated and Argued c. I confess I have not followed the Author's Method nor was it possible to do it without great Inconvenience his Book being an Answer to some Papers writ against the Peerage and Jurisdiction of Bishops c. But I hope I have not done him or the Subject any Injustice by making use of the Matter and accommodating it more to my purpose which is among such Infinite Plenty and Variety of Matter to study all the conciseness and brevity I can I have therefore reduced the Subject to these four Heads First That the Bishops are Pares Regni Peers of the Realm and Peers in Parliament Secondly That they have a Right to Sit and Vote in Parliament in all Causes whatsoever even in Causa Sanguinis in Capital Cases Thirdly That the Lords Spiritual the Bishops are a third Estate in Parliament Fourthly To answer such Objections as have been made against their Peerage and Jurisdiction Which Abstract follows First Position That the Bishops are Pares Regni Peers of the Realm An Abstract of the Grand Question about the Peerage and Jurisdiction of the Bishops in Parliament Marculph Form lib. 1. c. 25. and Peers in Parliament The Author Learnedly proves That as soon as ever Christianity was settled in these Northern Nations Bishops were admitted into all publick Councils and Courts of Judicature So he instances in France from the Testimony of Marculphus That the King Sate in Judgment unà cum Dominis Patribus nostris Episcopis together with the Lords and Fathers the Bishops and that the greater Causes were heard by the King himself or the Comes Palatii Episcopis proceribus Assidentibus the Bishops and Nobility being Assessors with him In Spain during the Gothick Race of Kings the greatest Affairs of State were managed by the greatest of the Clergy and Nobility Concil Tolet. 4. c. 75.5 c. 7.6 c. 17. passim albi as appears by the several Councils of Toledo and particularly in the 13 Council Cap. 2. A case of Impeachment of Treason was brought before them And yet from one of these Councils of Toledo it is that all the Dust hath been raised and the Canon Law objected urged against Bishops That they ought not to be present or concerned in Cases of Blood In Germany Goldastus Rer. Alem. An. To. 2. the first Laws that were published by Lotharius were composed 33 Bishops 34 Dukes 72 Counts besides the People being present and assisting Arumaeus de Comitiis n. 35. c. 4. n. 98. and Arumaeus a Protestant Lawyer informs us that the Bishops of Germany Sate in the Diet in a double Capacity as Bishops and Princes of the Empire which Constitution he applauds as prudent for the Administration of Justice Honourable and safe for Religion In Bohemia Goldast Bohem. lib. 5. cap. 1. the same Goldastus a Protestant too acquaints us that there were three Estates prelates Nobles and Commons till the time of Sigismund In Hungary Decret Ladisl p. 12. so soon as ever the Christian Religion prevailed and was settled the Laws were framed by the King with the Advice and Consent of Bishops Nobles Staravols Polon p. 263. Herbart Stat. Regni Pol. p. 262. and the whole Clergy and People In Poland the Constitution of the Government is composed of the Bishops Barons and Delegates who are called Nuncii terrestres who are Summoned to the Dyet by the King and that with the entrance of Christianity as the publick Religion the Bishops entred into the Senate and had the first Seat in that Court Adam Brem de Situ Dan. n. 85. Loccen Antiq. Sueco-goth c. 8. Jus aulicum Norvey c. 3. c. 36. In Norway Denmark and Sweden the same Constitution entred with the prevalency of Christian Religion viz. Bishops Nobles Knights and Deputies In England after the Conversion of the Saxons during the whole time of that Monarchy there is not in all our Records one Council wherein the Bishops had not a part From whence the Author strongly Argues that it would be a very unaccountable thing that we of all the Nations of the Christian World who profess to have the best Government and the best Reformed Religion should Exclude those from any share in that Government who were by all others admitted into it as soon as they admitted the Christian Religion to be the publick Profession of their Country That the Bishops since the coming in of the Norman Race were always Esteemed Peers of the Realm and Peers of Parliaments
auxi mesmes les Communes remercierment les seigneurs Espirituelx Temporelx de lour bon droiturell Jugment quils auoint fait come Piers du Parlement That the said Commons returned thanks to the Lords Temporal and Spiritual for the good and upright Judgment which they had made as Peers of Parliament In the 2 of H. 6 John Lord Talbot accused James Boteler Earl of Ormond Rot. Par. n. 9. 2 H. 6. in Parliament of sundry Treasons and the Record saith That De avisamento assensu Dominorum Spiritualium Temporalium ac Communitatis Regni Angliae in eodem Parliamento existent ' facta fuit quaedam Abolitio delationis nunciatonis Detectionis predict ' c. By the advice and consent of the Lords Spiritual and Temporal and the Commons of England there was made a certain abolition of the said Accusation Relation and Discovery From which Presidents it is evident that the Lords the Bishops did Sit and Debate Vote and Determin in Causes Capital as well as the other Temporal Lords The third Position is that they are a third Estate in Parliament Which is proved both by undeniable Reason and undoubted Presidents and Records That there are three Estates in the Parliament of England is a matter on all hands allowed But some Persons who would bring down the Soveraignty to a Coordinacy do affirm that the King is the third Estate the Lords making one and the Commons the other which dangerous Position as it doth submit the Monarchy to great hazzards so it gave occasion and colour to the taking away of the Peerage of the Bishops the third Estate notwithstanding their Exclusion being according to this principle left as Intire in the Lords House as it was upon the Exclusion of the Lord Abbots in the time of King Henry the Eighth Now that the King is not one of the three Estates and consequently that the Lords the Bishops must be so and were ever accounted so evidently appears by the Records of our Parliaments which are cited to this purpose as follows In the Parliament of 1. H. 4. By the Roll it appears that King Richard the Second appointed two Procurators to declare his Resignation of the Crown coram omnibus Statibus Regni before all the States of the Realm and one of the Articles against him was concerning his Impeachment of Thomas Arch-Bishop of Canterbury coram Rege omnibus Statibus Regni before the King and all the Estates of the Realm And who all these Estates of the Realm were it most fully appears in that the Commissioners for the Sentence of this unfortunate Kings deposition are said to be appointed Per Pares Proceres Regni Anglia Spirituales Temporales ejusdem Regni Communitates omnes status ejusdem Regni representantes By the Peers and Nobility of the Kingdom of England Spiritual and Temporal and the Commons of the same representing all the Estates of the said Realm So that First the Bishops are declared Peers of the Realm in Parliament Secondly The Estates of the Parliament are to represent all the Estates of the Kingdom Clergy Nobility and Commons Thirdly The three Estates in Parliament are the Lords Spiritual the Lords Temporal and the Commons of the Realm In the Roll of Parliament Rot. Parl. 1. R. 3. 1. R. 3. it is Recorded That whereas before his Coronation certain Articles were delivered unto him in the name of the three Estates of the Realm that is to say of the Lords Spiritual Lords Temporal and of the Commons by name c. Now forasmuch as neither the said three Estates neither the said Persons which in their name presented and delivered as it is aforesaid the said Roll unto our Soveraign Lord the King were Assembled in Form of Parliament divers doubts have been moved c. Now by the said three Estates Assembled in this present Parliament and by Authority of the same be ratified and Enrolled c. Upon which Record Mr. Prinn himself makes this Marginal Note The three Estates must concur to make a Parliament no one or two of them being a full or Real Parliament but all conjoyned In the 3. H. 6. it is said in the Record Prinn Abridgments of Records p. 710. 714. the three Estates Assembled in this present Parliament In the Explanation of the Duke of Bedford's Power as Protector It is said it was advised and appointed by the Authority of the King Assenting the three Estates of this Realm so that it is plain that the King was not then accounted one of them Rot. Par. 3. H. 6. n. 19. 6. H. 6. n. 24. In the 11. H. 6. The Duke of Bedford appeared in Parliament and declared the Reason of his coming coram Domino Rege tribus Statibus Regni before the King and the three Estates of the Realm 11. Hen. 6. n. 10. and n. 2. n. 2. N. 11. Domino Rege tribus Regni Statibus in presenti Parliamento Existentibus Our Lord the King and the three Estates in Parliament being present where the King is plainly distinct from the three Estates 11. H. 6. N. 2. The Lord Cromwell Lord Treasurer Exhibits a Petition in Parliament wherein he saith that the Estate and necessity of the King and of the Realm have been notified to the three Estates of the Land Assembled in Parliament In the Appendix to the Rolls of Parliament that Year the Duke of Bedford saith in his Petition to the King How that in your last Parliament yit lyked your Hyghness by yaduis of three Estates of yis Land to will me c. 23. H. 6. N. 11. Presente Domino Rege 23. H. 6. n. 11. tribus Statibus in presenti Parliamento Existentibus c. Our Lord the King being present and the three Estates in the present Parliament Assembled 28. H. 6. N. 9. Domino Rege 28. H. 6. n. 9. tribus Regni Statibus in pleno Parliamento comparentibus c. Our Lord the King and the three Estates in full Parliament appearing c. 1. H. 6. 1. H. 6. The Queen Dowager in her Petition mentioning the Ratification made in Parliament 9. H. 5. saith it was not only sworn by the King but by the three Estates of the Kingdom of England Cest assavoir Les Prelatz Nobles Grands per les Comuns de mesm le Royalm Dengleterre That is to say by the Prelats Nobles and Great Men and by the Commons of the said Realm of England And since the Reformation In the 8 of Eliz. 1. 8. Eliz. 1. The Bishops are in Parliament called one of the greatest States of this Realm From all which Instances it plainly appears First That there are three Estates in the Fundamental Constitution of every Parliament Secondly That there are three Estates besides the King and consequently that he cannot be one of the three Thirdly that the Lords Spiritual the Bishops are a Third Estate of the Realm in Parliament
Vote for them Secondly Temporal Barons have not always been tried by their Peers for 28. H. 6. William de la Poole Duke of Suffolk waved being tried by his Peers and submitted to the Kings mercy upon which the Lords Temporal and Spiritual entred a Protestation that this should not be or turn to the prejudice of them their Heirs nor Successors in time coming but that they might enjoy their freedom in case of their Peerages as largely as their Ancestors and Predecessors had done Thomas Lord Berkley being Arraigned for the Deâ—th of King E. Rot. Par. 4. E. 3. 2 before the Parliament put himself upon his Countrey and the Jury brought him in not Guilty Thus far the Learned Author from whom for the Readers ease and satisfaction in this important particular I have made these short Collections and refer the more Curious to the Book it self I should have given the Reader an account before of the great Complaints of the City against Protections Thursday October 28. but here I present him with the Report which Mr. Reynolds made in the House of Commons upon that Subject which was That the City of London did heretofore present a Petition in the Name of the whole City Report in the House of Commons concerning the Complaint of the City about Protections c. complaining of Protections and Priviledges claimed by Members of both Houses and by the Kings and Queens Servants and having no Redress by their Petition they called a Common Councel and upon a long Debate among themselves they did agree unanimously * This deserves to be taken Notice of for by this it is Easy to conjecture the Grievances of the Nation were aggravated far more then in truth they deserved That this Grievance was greater and more prejudicial to the City and the whole Kingdom than that of Salt Soap Leather and Ship-Money Thereupon they did agree to Address themselves by way of a second Petition to this House and that Petition was referred to a Committee to Regulate Protections this was done 6 July last and during the Sitting of that Committee they attended there two or three times and presented a Book in Folio of the Members of this House that have granted Protections as also the Names of those of the Kings Queens and Princes Servants that were Protected Upon all which they grounded their Complaint which Complaint was there presented in Writing And it was the Opinion of the Committee That it should be read in the House at this time of the Report being Reasons tendred by the Committee appointed by the Common-Councel of the City of London against Protections Priviledges and priviledged Places c. Upon the Reasons mentioned in the Paper and upon other Considerations and after a long Debate and being a tender point to trench upon the Priviledges of Parliament they proceeded unto these two Votes which they commanded me to Report 1. That all the Members of this House should be pleased during the pleasure of this House to wave all Protections for their Menial Servants or others 2. That during the Pleasure of this House all the Lands Estates and Goods of every Member of this House should be Lyable to the Payment of just Debts But for all the Complaints of the City and the greatness of the Grievance which Exceeded all the Monopolies of Salt Soap Leather and Ship-Money put together this was a point so necessarily tender that they made very slow steps toward the Redressing of it or joyning with Mr. Reynolds and his Committee in their Votes And nothing further was at present done in it more than barely to give the Complaint a hearing Had the King Queen and Prince only been concerned in Protections it had immediately been Voted Illegal Unjust against the Liberty of the Subject c. but it too nearly concerned some of them to comply with the Votes of the Committee for if they had particularly I instance in the late infamous Usurper Oliver Cromwell instead of Sitting in the Commons House they were in danger to take up their Lodgings in a Common Prison For had hâ— and many others in the House made all their Lands Estates and Goods lyable to the payment of their just debts they would have been quickly found Bankrupts in Estate then as much as they were afterwards in Honesty and Reputation and unless the Charity of the Faction who obtruded them upon the People for Representatives had maintained them out of the Common Stock they must have wanted Bread as well as they who set them up would have wanted Instruments to carry on their Blessed Work of Reformation which in reality was by many of these hungry and broken Fortunes only to Establish their own out of the Ruins of the Church And therefore to cut off all further Trouble on that side Order to Enter only upon Publick business by letting this Affair and Complaint of the City sleep sine die It was the 28 of October Ordered That in regard of the Weighty and Important Matters in agitation in the House this House will not enter upon any private Matters but into Publick Business only till further Order and this Order to be Printed and Published that so all persons may take Notice of it and regulate themselves accordingly And the truth is they were now deep upon Consultation of the Fatal Point which Ushered in the Rebellion and not only this but many others in former Ages Committee to prepare Heads for a Petition to the King against Evil Councellors c. for a Committee was appointed to prepare Heads out of the whole Debate that has been this day for a Petition to be preferred to his Majesty To prevent the Mischiefs that may happen to the Common-Wealth by the Choice and Imployment of Evil Councellors Ambassadors Judges Officers and other Ministers of State and they are to meet this Afternoon at 4. of the Clock in the Exchequer Chamber and have Power to send for Parties Witnesses Papers and Records and any thing else that may conduce to the Service This day the Certificate of the Two Chief Justices in the Case of Cook and Blackston Friday October 29. referred to them by Order of the House of Lords was Read viz. May it please your Lordships ACcording to your Lordships Order of the 9th of September last touching the business between John Cook Clerk Plaintiff A Case about Superinduction to a Rectory before the Lords and Benjamin Blackston Defendant We have heard the Parties and their Councel on both sides And we find that the said John Cook was Presented Instituted and Inducted into the Rectory of West Thorney in Sussex after the Death of Godfrey Blackston former Incumbent there who died in the Month of January 1637. And that Mr. Blackston procured a Super-institution to this Church and by colour thereof hath gotten the Possession from Mr. Cook We are of Opinion That the Super-institution of Mr. Blackston is void and that Mr. Cook ought
to be restored to his Possession and to hold the same quietly untill he shall be Evicted by Course of Law And we think fit that Mr. Blackston should be left to his Remedy and Course at Law to try his Title to the same Church and for such Wrongs as he supposeth that Mr. Cook hath done unto him And that Mr. Cook be left also to his Remedy and Course in Law for such Wrongs and Damages as he doth Alledg that Mr. Blackston hath done unto him All which we â—â—mbly submit to your Lordships Wisdom 25 October 1641. John Bramston John Bankes Upon this the House Ordered The Order of the Lords upon it That the Possession of the Rectory of West Thorney shall be setled upon the said John Cook according to the aforesaid Certificate and that the Sheriff and Justices of the Peace shall give him Possession and continue him quietly in the same until he shall be evicted by Course of Law and that the rest of the Certificate is hereby fully confirmed and Mr. Blackston left to his Remedy and Course of the Law to try his Title to the same Church A Message was brought from the House of Commons by Mr. The Tryal of Judge Berkley put off Perpoint to let their Lordships know That by reason many of their Witnesses are in Places remote so as they cannot be ready for the Tryal of Mr. Justice Berkley on the second of November next therefore the Desires of the House of Commons are that their Lordships would be pleased to take the same into Consideration and put the Tryal off for some Longertime whereupon it was Ordered That the Day of Tryal of Mr. Justice Berkley is put off from the Day appointed until this House gives further Order herein and Mr. Justice Berkley is to have speedy Notice hereof In the Commons House it was this day Ordered That the Orders concerning the Soldiers to depart the Town shall be Printed and Published as also the Orders made by the Lord General the Lords also Assenting A Committee was also appointed An Order of Commons to make such as they voted Delinquents Estates forfeifted Debate in the House of Commons concerning the five new Bishops to present the Names of those Persons that are Voted Delinquents by this House to the end the House may present such of their Names as they shall think fit to the Lords whereby their Estates may be lyable for their Offences Then the House fell into Debate concerning the Conge d' Eslires for the making of the five New Bishops and upon the Question the House was divided with the Yeas were 71 with the Noes 53. Whereupon a Committee was appointed to prepare Heads for a Conference with the Lords to desire them to joyn with this House in a Petition to his Majesty to stay the making of the five Bishops until further Consideration be had by both Houses The Lord Keeper reported the Conference with the Commons touching the Safety of the Kingdom and the Security of the Princes Person to this Effect Saturday October 30. Report of the Conference about the Safety of the Kingdom c. That the House of Commons are full of Tenderness of the King's Honor Duty to the King's Person and his Posterity It was said that it was not News now a-Days to hear of dangerous Designs they having newly discovered some more therefore the House of Commons have Reason to look into every Corner whence Danger may come And upon Information the House of Commons understands that of late the Prince hath been much from his own House at Oatlands out of the Custody of his Governor they do not doubt of the Motherly Affection and Care of the Queen towards him but there are dangerous Persons at Oatands Priests and Jesuits as hath of late appeared by some Examinations taken and some of them are sent for by the House of Commons Vpon these Reasons the House of Commons desires That a Message be sent to the Lord Marquiss of Hertford from both Houses of Parliament That he should forthwith take the Prince into his Custody and Charge and attend upon him in Person and desire that the Prince may make his Ordinary Abode and Residence at his own House at Richmond and that his Lordship will place such Persons about him as he will be answerable for to both Houses Whereupon it was Resolved To send the Lord Chamberlain to the Lord Marquiss of Hertford and the Earl of Holland to acquaint the Queen herewith and to present Her Majesty the Reasons of it In the House of Commons Mr. King reports the Case of the Soap Business Votes about the Soap Business in the H. of Commons Whereupon it was Resolved upon the Question That all those who made the Decree in the Star-Chamber are Delinquents Resolved c. That the Proclamation dated 26. Januarii 1633. made in pursuance of the Decree of Star-Chamber of the 23 of August 1633. for regulating the Trade of Soapers and two other Proclamations the one dated 13 July 1634. and the other dated the 25 January 1634 concerning Soapers are illegal and tend to the Subversion of the Laws of this Realm and are against the Liberty of the Subject Resolved c. That the Orders of the Council-Board of 29th of September 1634. of the 24 of November 1634. of the 29th of July 1635. concerning the Soapers and of the 18 of December 1636. for a Commission to Sir John Hales Knight and John How Esquire and the Dormant Warrant of the One and Thirtieth of December 1636. to such of the Soapers of Westminster were Illegal and against the Liberty of the Subject Resolved c. That all who Signed the Warrants were Delinquents Resolved c. That the restraining of the Subjects Persons the Examination of them upon Oath against themselves the imposing of Fines upon them and the Sharing of those Fines by Colour of the Order of the Council-Table dated the 10 of December 1636. and a pretended Commission directed unto Sir John Hales Knight and John How Esquire are Illegal month November 1641. and a Grievance to the Subject and the same were put in Execution by the said Sir John Hales John How and Corporation of Soapers of Westminster and their Officers and they for the doing thereof are Delinquents and ought to make amends to the Parties damnified thereby Resolved c. That the Matter agreed upon by the Indentures of Covenants dated the 12th of April 1636. made between the King and Sir Henry Compton and the rest of the Soapers of Westminster are Illegal and a great Grievance to the Subject and of dangerous Consequence in the Execution Resolved c. That these several Parties viz. That were Covenanters with the King by the Indenture of Covenant dated the 12th of April 1636. are Delinquents and ought to make Amends to the Common-Wealth and to all such as after these Covenants entred into were restrained the Vse of their Trades of making Soap or sustaining
any Loss in their Fat 's Panns or otherwise by occasion of the Corporation of Westminster Resolved c. That the Obligation entred into by the Soapers of London to his Majesty upon their Deliverance out of Prison upon the Sentence of Star-Chamber conditioned that they would not make any more Soap without the License of the Corporation of Westminster were Illegal and contrary to the Liberty of the Subject Resolved c. That Sir John Hales Francis Plowdon Fitz Williams Conisby Delinquents about the Soap-Patent sent for by the Serjeant at Arms. Edmund Windham John Gifford George Vaughan _____ Stradlings shall be sent for as Delinquents by the Serjeant at Arms attending this House It was Ordered That according to the Order of the Ninth of November last Mr. Fitz Williams Conisby shall be expelled this House he being a Monopolist and that the Speaker Issue out a Warrant to the Clerk of the Crown for a Writ for a new Election for a Member to serve for the County of Hertford in his Place It was also Ordered Burgess to Preach before the Commons November 5th Monday Novemb. 1. The News of the Irish Rebellion which broke out upon Saturday October 23. That Doctor Burgess shall be desired to Preach before this House upon the Fifth of November This day the Lord Keeper informed the House of Lords That the Lord Lieutenant General of Ireland having yesterday Morning received a Pacquet of Letters and Examinations from the Justices and Council of Ireland discovering an Insurrection and Treason in that Kingdom and that the Rebels have already committed divers Murders and fired Houses and Villages of the Protestants there Vpon this the Privy-Council met at White-Hall and considering it to be a Matter of so great Importance thought it not fit to omit any Opportunity nor loose Time therefore because this House was appointed not to sit until this Afternoon * The L. Keeper the L. P. Seal L. High Chamberlain E. Marshal L. Admiral L. Chamberlain E. of Bath E. of Dorset E. of Leicester E. of Warwick E. of Holland E. of Berks E. of Bristol L. Viscount Say and Seal L. Mandeville L. Goring L. Willmot acquaint the Commons with the Irish Rebellion After they had staied a little Chairs were brought them and the Speaker desired them in the Name of the House to sit and be covered the Lords of the Council as Privy Counsellors thought it expedient to communicate the same speedily to the House of Commons and this Morning in a full House their Lordships in Person caused the Letters and Examinations concerning the Business to be publickly read unto them and desired the House of Commons to take the same into Consideration Hereupon the Letters and Examinations were read first a Letter which was sent from the Council of Ireland to the Lord Lieutenant General as follows May it please Your Lordship ON Friday the 22th of this Month after Nine of the Night The Letter from the Council of Ireland to the Lord Lieutenant General of the Discovery of the Irish Rebellion this Bearer Owen Connelly Servant to Sir John Clotworthy Knight came to me the Lord Chief Justice Parsons to my House in great secresie as indeed the Case did require and discovered unto me a most wicked and damnable Conspiracy plotted and contrived and intended to be also acted by some evil affected Irish Papists here The Plot was on the then next Morning Saturday the 23 of October being * * Ignatius Loyola not the Martyr Ignatius the Tutelar St. of Romish Rebels Ignatius Day about Nine of the Clock to surprize His Majesties Castle of Dublin His Majesties chiefest strength of this Kingdom wherein also is the principal Magazine of His Majesties Arms and Munition And it was agreed it seems among them that at the same hour all other His Majesties Forts and Magazines of Arms and Munition in this Kingdom should be surprised by others of the Conspirators And further That all the Protestants and English throughout the whole Kingdom that would not joyn with them should be cut off and so those Papists should then become possessed of the Government and Kingdom at the same Instant As soon as I had that Intelligence I then immediately repaired to the Lord Justice Borlace and thereupon we Instantly Assembled the Council and having sat in Council all that night as also all the next day the 23 of October in regard of the short time left us for the Consultation of so great and weighty a matter although it was not possible for us upon so few hours warning to prevent those other great mischiefs which were to be acted even at that same hour and that at so great distance as in all the other parts of the Kingdom yet such was our industry therein having caused the Castle that Night to be strengthned with Armed Men and the City Guarded as the wicked Councels of those Evil Persons by the great Mercy of God to us became defeated so as they were not able to act that part of their Treachery which indeed was principally intended and which if they could have effected would have rendred the rest of their Purposes the more easie Having so secured the Castle we forthwith laid about for the Apprehension of as many of the Offenders as we could many of them having come to this City but that night intending it seems the next morning to act their Parts in those Treacherous and Bloody Crimes The first man apprehended was one Hugh Mac-Mahon Esq Grand-son to the Traytor Tyrone a Gentleman of a good fortune in the County of Monoghan who with others that morning was taken in Dublin having at the time of their apprehension offered a little resistance with their Swords drawn but finding those we imployed against them more in Number and better Armed yielded He upon Examination before us at first denied all but in the end when he saw we laid it home to him he confessed enough to destroy himself and impeach some others as by a Copy of his Examination herewith sent may appear to your Lordship We have committed him until we might have further time to Examine him again our time being become more needful to be imployed in Action for securing the Place then in Examining This Mr. Mac-Mahon had been abroad and served under the King of Spain as a Lieutenant Colonel upon Conference with him and others and calling to mind a Letter which we received before from Sir William Cole a Copy whereof we send your Lordship here inclosed we gathered that the Lord Mac-guire was to be an Actor in surprizing the Castle of Dublin wherefore we held it necessary to secure him immediately thereby also to startle and deterr the rest when they found him laid fast His Lordship observing what we had done and the City in Arms fled from his Lodging early before Day it seems disguised for we had laid a Watch about his Lodging so as we think he could not pass without
And being demanded whether the Lord Mac-guire was one appointed to this Business he at last said he thought he was William Parsons R. Dillon Ad. Loftus J. Temple Tho. Rotherham R. Meredith The Examination of Richard Grave of Dronibote in the County of Monoghan The Examination and Deposition of Richard Grave concerning the Irish Rebellion Yeoman taken the 25th of October 1641. WHo saith That on Friday last the 22d of this Month a little before Night a Son of Art-Oge Oneal's of the Fues whose Name he knoweth not accompanied with about One hundred of the said Art-Oge's Tenants Armed with Swords Pitchforks and some Muskets came to Dronibote aforesaid to the House of William Grave Brother to the said Richard and having broken down the Doors and Windows of the said House they Rifled it and robbed him of all the Money they could find there and of sundry other Goods which they were able to carry away and when they had so done they came to the House of William Grave the Elder Father to the Examinat and having broken down the Doors of the said House they robbed him of all his Money Linnen and Clothes and sundry other Goods He saith also That the same Night they broke into and robbed the House of Sir Henry Spotswood in the same Town and took from thence all the Money and Plate which they found there as also divers Houshold-Goods and a fair Stone-Horse He saith also That about Twelve a Clock the next Day the same persons came again to the said Town accompanied with Two or Three hundred more and then Robbed and spoiled it of all the rest of the Goods and Chattels which they found and presently after they set fire upon all the Houses there and burnt them to the Ground he saith also That the Goods which his Father and himself and his Brother did lose thereby were worth 500 l. and that he verily believes that the Goods which Sir Henry Spotswood lost thereby were worth 1000 l. at least He saith further That on Friday aforesaid while the said Art-Oge's Son was in this Examinat's Father's House he heard him the said Art-Oge's Son and one Patrick Mac-Cadron of Drombee who was one of them who were then in the Company say That it was but the Beginning but before they had done they would not leave one alive Rich nor Poor who went to Church and saith also That the said Art-Oge's Son and Patrick Mac-Cadron said there That by the next Night Dublin would be too hot for any of the English Dogs to live in James Ware The Proclamation which was set out and dispersed to as many Places as it was possible to give Notice of the Discovery of the Conspiracy was in haec verba The Proclamation of the Lords Justices and Council of Ireland to stop the Rebellion Oct. 23. 1641. By the Lords Justices and Council William Parsons John Borlase THese are to make Known and Publish to all his Majesties good Subjects in this Kingdom of Ireland That there is a Discovery made by Vs the Lords Iustices and Council of a most Disloyal and detestable Conspiracy intended by some Evil Affected Irish Papists against the Lives of Vs the Lords Iustices and Council and many other of his Majesties faithful Subjects Vniversally throughout this Kingdom and for the Seizing not only of his Majesties Castle of Dublin his Majesties principal Fort here but also of all the other Fortifications in the Kingdom and seéing by the great Goodness and abundant Mercy of Almighty God to his Majesty and this State and Kingdom those wicked Conspiracies are brought to Light and some of the Conspirators committed to the Castle of Dublin by Vs by His Majesties Authority so as those wicked and damnable Plots are now disappointed in the Chief Parts thereof We therefore have thought fit hereby not only to make it publickly known for the Comfort of His Majesties Good and Loyal Subjects in all Parts of the Kingdom but also hereby to require them That they do with all Confidence and Chearfulness betake themselves to their own Defence and stand upon their Guard so to render the more Safety to themselves and all the Kingdom besides and that they Advertize Vs with all possible Speéd of all Occurrents which may concern the Peace and Safety of the Kingdom and now to shew fully that Loyalty and Faith which they had always shown for the Publick Services of the Crown and Kingdom which We will value to His Majesty accordingly and a special Memory thereof will be retained for their Advantage in due time and We require That great Care be taken that no Levies of Men be made for Forreign Service nor any Men suffer'd to March upon any Pretence Given at his Majesties Castle at Dublin 23th of October 1641. Robert Dillon Adam Loftus Tho. Rotheram James Ware Robert Digby John Temple Fra. Willoughby Robert Meredith Two private Letters were read sent to the Lord Lieutenant the one from Sir John Borlase one of the Lords Justices of Ireland the other from Sir John Temple declaring the State and Danger which that Kingdom is in if there be not present Supply both of Arms Men and Money from England Likewise the Lord Keeper acquainted the House The Irish Letters Ordered to be opened That the Lords of the Council being informed of the Pacquets of Letters that came this Week from Ireland have sent out their Orders and stayed them and committed them into the Hands of the Gentleman Vsher until their Lordships further Directions be known herein Whereupon the Lord Privy Seal Lord Admiral Lord Chamberlain Earl of Bath Earl of Southampton Earl of Leicester and Earl of Warwick were appointed to be a Committee to open and read such Letters as conduce any thing to the discovery of the Affairs of Ireland and to report the same to this House and to return those which concern Merchants Affairs to the-Post Master to be delivered to the Owners their Lordships or any Seven or more of them to meet when they please and have Power by virtue hereof to divide themselves into several by any four or more as they shall see Occasion In the Commons House after the reading of the above related Papers concerning this Horrid Conspiracy in Ireland the House was resolved into a Committee of the whole House to consider what was to be done upon this Emergency and several Votes were passed for several Heads of a Conference which was Ordered to be desired with the Lords upon this Occasion which the Reader to avoid Repetition will find in the Report of that Conference together with the several Answers of the Lords unto them Among other Votes for a Recompence and Incouragement to Owen ô Connelly the first Discoverer of this Detestable Treason it was Resolved upon the Question A Reward voted to Connelley for discovering the Irish Rebellion That Owen Connelly who discovered this Great Treason in Ireland shall have 500 l. presently paid him and 200 l. per
annum Pension untill Provision be made of Inheritance of a greater Value and to be recommended to the Lord Lieutenant of Ireland for some Preferment there A Message was then carried up from the House of Commons by Sir John Clotworthy Knight to desire a present Conference by a Committee of both Houses if it may stand with their Lordships Convenience touching the Troubles in Ireland and the Security of this Kingdom To which the Lords immediately consented and the Lord Keeper was Ordered to Report the Conference which he did to this Effect Mr. Report of the Conference about the troubles in Ireland Nov. 1. 1641. Pym said he was Commanded by the House of Commons to desire their Lordships to let the Earl of Leicester Lord Lieutenant of Ireland know That they take his Diligent and Timely acquainting the Parliament with his Intelligence concerning the Rebellion and Treason in Ireland very well for which he was Commanded to give his Lordship Thanks from the House of Commons for his good Service done therein to the King and Kingdome He said He was further to Acquaint their Lordships with some Resolutions which the House of Commons have made concerning the Affairs and the Securing of this Kingdom To which purpose they Resolved That 50000 l. shall be forthwith provided and they desire that a Select Committee of the Members of both Houses may be appointed to go to the City of London and to make a Declaration unto them of the State of the Business in Ireland and to acquaint them That it will be an Acceptable Service to the Commonwealth to Lend Money and that the Committees propose to the City the Loan of 50000 l and to assure them That they shall be Secured both for the Principal and Interest by Act of Parliament 2. That the House of Commons desires That a Select Committee of both Houses may be appointed to consider of the Affairs of Ireland and of the raising and sending of Men and Ammunition from hence into Ireland and of the Repair of the Lord Lieutenant of Ireland thither and of a Declaration of both Houses of Parliament to be sent into Ireland and that Committee to have power from time to time to open Pacquets sent into Ireland or from Ireland 3. For a Reward for Owen Connelly ut supra in the Vote 4. That a Committee of Lords may be nominated to take the further Examination of Owen Connelly upon Oath upon such Interrogatories as shall be Offered by a Committee of the House of Commons and in the presence of that Committee 5. That the Custody of the Isle of Wight for the present may be sequestred into another hand 6. That the Persons of Papists of Quality in the several Counties where they reside may be secured and such English Papists as within one Year last past have removed themselves into Ireland Except the Earl of St. Albanes and such other Persons as have their Ancient Estates and Habitations there may by Proclamation be Commanded to return hither within one Month after the Proclamation there made or otherwise some Course to be taken by Act of Parliament for Confiscation of their Estates The Lords taking these Propositions into Consideration severally The Lords Answers to the Commons Propositions concerning Ireland c. Resolved as followeth 1. To the First It was Agreed That a Select Committee of Lords should joyn with a proportionable Number of the Commons to go to the City of London to Borrow 50000 l. for the Irish Affairs and the Lord Privy Seal Lord Admiral Earl of Warwick Earl of Bristol Lord Bishop of Winton Lord Bishop of Lincoln Lord Bishop of Glocester c. were named and Ordered to go to Morrow at 4 a Clock in the Afternoon 2. To the Second It was Agreed and the same Committee appointed this Day for Opening of Letters were Ordered to seâ—â—e for this matter 3. To the Third concerning a Reward to be given to Owen Connelly Agreed to 4. To the Fourth Agreed that the same Committee for opening Letters shall Examine Connelly with this Liberty That any Peer may be present unless he be forbidden by this House 5. The Fifth Proposition concerning the Isle of Wight laid aside for the present 6. Concerning the 6th Proposition It is agreed That such as are Convicted Recusants shall be secured according as the Law hath appointed for such as are not convicted Recusants it is referred to the Select Committee of both Houses to consider what Course is fit to be taken to secure their persons in those Cases where the Law is defective Concerning the Proclamation the Lords think fit That the Minutes or Draught of a Proclamation be sent to the King in Scotland that so he may from thence send his Warrants and Directions for issuing out a Proclamation to that Purpose in Ireland After which the Lord Keeper by Command gave Thanks in the Name of the House to the Earl of Leicester Lord Lieutenant of Ireland as before Mr. Pym had done in the Name of the Commons And he was further desired speedily to write to the King and acquaint him with the Affairs of Ireland and the Danger that Kingdom is now in and to let His Majesty know What Course the Parliament here hath taken for to give Supply and Aid for the Reducing of the Rebels And also the Lord Lieutenant was commanded to write to the Lords Justices of Ireland and the Council there to let them know That the Parliament hath taken into their Care to send them a Supply of Men and of Money with all convenient speed and are Resolved to give them Assistance in this great Defection wishing them to persist in their Diligence and Care in defending that Kingdom against the Rebels until Succours can be sent them And that they give Intelligence with the first Opportunities how the State of that Kingdom is and how the Rebels behave themselves Before we proceed any further in this Parliamentary Account of these Transactions concerning this dismal Tragedy and Infamous Conspiracy acted by these Irish Papists I think it will be no less than both the Readers Curiosity and the Nature of the Matter obliges me to give a Succinct account of the Occasions Reasons and Grounds of this Horrid Treason and Rebellion leaving the following Series of it to be interwoven with the other Matters which will compose these Historical Collections and this I will endeavour with all the Truth and Impartiality I am capable of according to the best of my Judgment and the Sentiments of such Authorities as having been Actors in or at least Eye and Ear witnesses of the Management of the Affairs of Ireland during this Calamitous Storm or rather Hurricane of that Rebellion wherein whole Rivers of humane Blood were most inhumanely shed and the Fields of that Island formerly for its Renowned Piety called the Island of Saints blushed with so many Carnages as were capable of changing the name into the Island of Devils were it not that the better
part ought to give Denomination to the Whole and that in that great Defection the Protestant Nobility Gentry and Commonalty and even some of the Ancient Native Irish Nobility to their Immortal Glory persevered in their constant Loyalty and Fidelity to their Lawful Soveraign and did not amidst so many Hazards and Hardships Difficulties and the most pressing Dangers relinquish the gasping Interests of their Royal but Unfortunate Master till after they saw both Him and All their Hopes notwithstanding their most Vigorous and Generous Attempts and Endeavours Breathless and Deplorate and that nothing less than a Miracle of Providence was capable of giving them a Resurrection and even then when they submitted their Necks to the Iron Yoke of the prevailing Usurpers who had Murthered and Dethroned the Father and Banished his Son and Successor our now Gracious Soveraign it was not without a Wise Prospect which the Illustrious Prince James then Lord Marquiss now Duke of Ormond and by that Noble Title as a mark of his Majesties Favour and for his Extraordinary Merits Conduct and Sufferings created a Peer of the Realm of England even then had that it might be to his Majesties Advantage and that reserving themselves to a better Fortune they might upon any Turn of Affairs be in a Capacity to Exert that Loyalty which under all their Pressures lay still warm in their Dutiful Hearts and Willing Inclinations And this I find justified by the Lord Brohall late Earl of Orrery in a small Treatise written in answer to a Printed Letter of P. W's where his Lordship to shew how much the Protestants Exceeded the Papists in Loyalty and Duty to the King hath this Remarkable Passage IN the Year 1650 The Earl of Orrery's Answer to P. W. printed at Dublin 1662. p. 27. saith he speaking of his Grace the Duke of Ormond then Lord Lieutenant of Ireland he permitted all those worthy Protestants which till then had served under him to come off to the rest of the Protestants though then headed by Ireton Esteeming them Safer with that Real Regicide so accompanied than with those pretended Anti-Regicides the Papists so Principled And adds he if so Faithful and Wise a Servant to His Majesty as the L. Lieutenant had had any Hopes that the Irish Papists would ever have returned to their Loyalty doubtless he would never have sent away from them so many Powerful Helpers of it and Friends unto it and if he had not had more than Hopes that the English Protestants would return to their Obedience as soon as they had Power The Wisdome of his Grace's foresight has been happily Justified in the Result For all the Protestants which then came off were Eminently Instrumental and Concurring in the Duty of accomplishing that happy Event speaking of his Majesties Restauration I dare as truly as confidently say That most of the Protestants of Ireland only served under the Vsurpers but to bring the Irish Papists to those Terms which without the force of English Swords they would never have been brought to it being too Evident that nothing could bind them but Steel and Iron So far his Lordship But still I am to inform the Reader That the name Protestant whether his Lordship intended that limitation or no I know not and this fair Character ought to be under the restriction of being only applied to those Loyal Protestants who firmly adhered with his Grace the Duke of Ormond to their Duty and Allegiance to his Late Majesty for there were another sort of People who glory much in the Title of Protestants the Covenanting Presbyterians and Schismaticks who were all along as bitter Enemies to his Majesty and his Interests and who by their refusing to submit to his Majesties Authority vested in the Lord Lieutenant did as considerable Mischiefs to the King's Affairs and were in reality no less Rebels than the Papists against whom they fought Nor is it only to gratifie the Curiosity of the Inquisitive that I think it necessary to give this Preliminary account of the state of the Irish Affairs some time preceding and to shew the probable Reasons that occasioned this Great Revolt and Insurrection but also to wipe off the stains which some mens Tongues and Ink have maliciously fixed upon the most Innocent Reputations in the World And indeed such is the Nature of those Corroding Vices of Envy and Detraction that the most polished and brightest Integrity is not Armor of Proof sufficient against the Rust of Time and Popular Calumnies however it is a Duty we ow to Posterity to transmit to them the clearest Accounts we can of Truth and not to suffer the Illustrious Fame of Great and Worthy Men to lie Buried under the Rubbish which prevailing Faction and the accumulated Malice of those who wrought their Ruin hath heaped upon them though to Ingenuous and unprejudiced Persons the greatest Vindication that they are Capable of is the Consideration that they were Enemies who raised those Calumnies and therefore not worthy to be Credited or Regarded It was one of the Common Topiques of those wicked Miscreants the late Usurpers and Regicides who made a Trade of Slandering the Foot-Steps of the Lord 's Anointed constantly to insinuate into the Minds of the People that his late Majesty was the Occasion of the Irish Rebellion and that it was not suppressed was perpetually charged to his Score as the Reader will hereafter have frequent Opportunity to observe but that the direct contrary was the most evident Truth I doubt not but from many clear and undeniable Testimonies I shall be able in the following Collections to Evince even beyond all possibility of Doubting The Irish Rebels indeed at first made his Majesties Authority a pretence for their Treasonable Rebellion as in due time we shall see and the English Rebels as greedily laid hold upon that wicked and groundless Pretension as if it had been the greatest Reality but to manifest how false both the one and the other Calumny was I will give a short hint out of the abovementioned Book of the Earl of Orrery where I find these Words In the Year 1641 speaking of the beginning of the Rebellion the Irish Papists saith he pretended His Majesties Authority the pretending whereof Earl of Orreries Answer to P. W. p. 29. having been so horrid a Sin for it was no less than to have Intituled His Sacred Majesty to all their unparalell'd Crimes nay to have made him the Author of them I think it a Duty to the memory of that Glorious MARTYR to present the Reader with what will clearly Evince their Malice to be as great as His Majesties Innocence I will therefore only cite the Preamble of their own Remonstrance delivered by the Lord Viscount Gormanston Sir Lucas Dillon and Sir Robert Talbot Baronet to His Majesties Commissioners at the Town of Trim in the County of Meath on the 17th of March 1642. In which Remonstrance of Grievances for so they called it after they had taken
Excellent Minister and Assistant in the Execution of the Kings Writs the great Peace-maker betwixt the Brittish and Natives betwixt the Protestant and the Papist and the chief Securer under God and his Majesty of the Future and Past Plantations His Lordship also moved That he might be permitted to keep a constant Fund of 20000 l. in the Exchequer in Ireland to be ready upon all occasions And certainly had he continued his Life and this Well-laid Way of Managing the spirits of some of the Old Irish Especially there is all the probability that humane affairs can afford that the Irish had not made themselves so miserable a Nation as by that Barbarous Rebellion they did and that the English Rebellion which was wonderfully influenced by it either had not been at all or had never arrived to those accursed Successes and Period for at least he would have kept the Scots imployed at home if he had not assisted the King with Men here in England against the Rebels But to proceed what ever Fucus of Religion these as well as the English Rebels afterwards might make Use of to paint the Jezabel of Treason there was a Desire of shaking off the Government and Dependency upon the Crown of England at least in some of the Irish as will plainly appear in their Ensuing Actions and what ever the other Motives and Occasions of this Defection were undoubtedly the English Rebellion which followed this so closely at the heels disabled the King from having the Power as he had the Will to have hazarded his Royal Person to suppress it in its Infancy by reason whereof it came to be of so long Continuance and Ireland to drink so deeply of the Calamities which attended this Dreadful Rebellion There were several other Concomitant Actions even of the Governing part of the Nation who were many of them Parliamentarians in Heart and afterwards violently so in their Actions which did increase and heighten the despair of the Irish and I have seen some Minutes of the Council-Board which aver That Sir Charles Coot said That when Sir Luke Fitz-Gerald misdemean'd himself before the Board by incivil Words toward a Member of the Board he let him have the line and would not reprehend him in hope he would go into Rebellion for he saw he would do so and that the more that were in Rebellion it was the Better And certainly there were some unjustifiable Severities Used by the Lords Justices and Council as prohibiting the Irish to come to Dublin upon pain of Death by Three successive Proclamations and afterwards burning their Houses c. for giving Entertainment to the Army of the Rebels one of the two being unavoidable their making Prisoners and Indicting such of them as came in and submitted to the Marquess of Ormond in hopes of kind Usage notwithstanding his Intercession for them and the advantage they might reasonably Expect such Clemency would be to them in order to reclaiming the more Moderate and such as had complied with the Rebels out of pure Necessity of which ill Treatment I shall produce one of their Letters to the Marquess of Ormond with an Express Command from the Lords Justices and Council for his so doing Which Letter was as followeth AFter Our very hearty A Letter from the Lords Justices and Council to E. of Ormond to prosecute the Rebels with Fire and Sword c. Martii 9. 1641. c. We the Lords Justices have received your Lordships Letters of this dayes date which we communicated with the Council and having taken the same into Serious Consideration after deliberate Advisement thereof at this Board We have thought fit to return your Lordship this Answer That calling to mind the Reasons moving this Board to take the Resolution Expressed in our Order dated the 3d. of this Month concerning the present Expedition and considering divers other Weighty Reasons now appearing to us in Council and for that also we have by our last Letters into England as your Lordship knowes made known thither That your Lordship with 3000 Foot and 500 Horse was immediately to March into the Pale to burn spoyl and destroy the Rebels of the Pale without excepting of any And for that the direction we Expected forth of England concerning the Lords of the Pale did not concern this Matter We therefore think fit First That according to that Order of this Board you pass not beyond the River of Boyne but March in such places between the Boyne and the Sea as your Lordship shall think fit Secondly That those that offer to come in ☞ be in no other manner taken in then as Prisoners taken by the Power and Strength of his Majesties Army as in truth it is and if any of them come to the Army that if it may be the Soldiers do seize on them before they have access to your Lordship and that afterwards they be denyed access to your Person Thirdly That no difference be made between the Noblemen that are Rebels and other Rebels but that their Houses and Goods be dealt with as other Rebels are in manner as in our said Order dated the 3d of this Month is Expressed which we now again recommend to your Lordships observation In the last place We render Thanks to your Lordship for your Letters praying your Lordship to be as Frequent as you may in Advertisements to us during your Absence And in case you find the necessity of the Service to require your absence from hence for a longer time then the 8. days mentioned in our Order of the 3d of this Month We are pleased That your Lordship be absent two or three days longer if you find all things concurring therein to the advantage of the Publique Service in case in the interim you receive no direction from us to the contrary And observing no mention in your Letters of having consulted with Sir Richard Greenfield as with other Commanders We pray your Lordship That as there may be occasion you call him to such Consultations And so we bid c. from his Majesties Castle of Dublin the 9th of March 1641. Your Lordships very Loving Friends William Parsons John Borlase R. Dillon J. Temple Charles Coote Th. Rotherham Fr. Willoughby R. Meredith Postscript WHen Your Lordship shall have perused and signed the inclosed We pray you to cause it to be conveyed to Sir Henry Tichburne To our very good Lord James Earl of Ormond c. The Reader will meet with several others of these fierce Commands in the Series of their due time only I could not omit inserting this in this place though a little before its proper time to clear this Point and to vindicate the Reflections of his late Majesty in his Remarques upon this Rebellion as well as his future Actions in displacing some of these fiery Men and putting others of better Temper in their places which it will appear he did with great Justice and Prudence and if he erred in any thing it seems to
kind of Zeal counts all merciful Moderation Lukewarmness and had rather be Cruel then counted Cold and is not seldom more greedy to kill the Bear for his skin then for any harm he hath done the Confiscation of Mens Estates being more beneficial then the Charity of saving their Lives or reforming their Errors When all proportionable Succours of the poor Protestants in Ireland who were daily Massacred and over-born with Numbers of now desperate Enemies was diverted and obstructed here I was earnestly entreated and generally advised by the chief of the Protestant Party there to get them some respite and breathing by a Cessation without which they saw no probability unless by Miracle to preserve the Remnant that had yet escaped God knows with how much Commiseration and serious Caution I carried on that business by persons of Honor and Integrity that so I might neither encourage the Insolence of the Rebels nor discourage the Protestants Loyalty and Patience Yet when this was effected in the best sort that the necessity and difficulty of my Affairs would then permit I was then to suffer again in my Reputation and Honor because I suffered not the Rebels utterly to devour the remaining handfuls of the Protestants there I thought that in all reason the gaining of that respit could not be so much to the Rebels advantages which some have highly Calumniated against me as it might have been for the Protestants future as well as present safety if during the time of that Cessation some Men had had the Grace to have laid Ireland's sad condition more to heart and laid aside those violent Motions which were here carried on by those that had better skill to let Blood than to stanch it But in all the misconstructions of my Actions which are prone to find more credulity in Men to what is False and Evil then Love or Charity to what is True and Good as I have no Judge but God above me so I can have comfort to appeal to his Omniscience who doth not therefore deny my Innocence because he is pleased so far to try my Patience as he did his Servant Job's I have enough to do to look to my own Conscience and the faithful discharge of my Trust as a King I have scarce leisure to consider those swarms of reproaches which issue out of some Mens mouths and hearts as easily as smoak or sparks do out of a Furnace much less to make such Prolix Apologies as might give those Men satisfaction who conscious to their own depth of wickedness are loath to believe any Man not to be as bad as themselves 'T is Kingly to do well and hear ill if I can but act the one I shall not much regard to hear the other I thank God I can hear with Patience as bad as my worst Enemies can falsly say and I hope I shall still do better then they desire or deserve I should I believe it will at last appear that they who first began to Embroil my other Kingdoms are in great part guilty if not of the first letting out yet of the not timely stopping those horrid Effusions of Blood in Ireland which whatever my Enemies please to say or think I look upon as that of my other Kingdoms exhausted out of my own Veins no man being so much weakned by it as my Self And I hope though Mens unsatiable Cruelties never will yet the Mercy of God will at length say to his Justice It is enough and command the Sword of Civil War to sheath it self his merciful Justice intending I trust not our utter Confusion but our Cure the abatement of our sins not the Desolation of these Nations Though this to all unprejudiced Men be a most clear Vindication of the suffering Innocence of that oppressed Prince yet I cannot but subjoin one passage in his Soliloque immediately following the former Discourse wherein His Majesty seems with that clear Confidence to put in his Appeal to Innocence before the dreaded Tribunal of Heaven as will not admit the least scruple of doubt among such as have any grains of Charity or even Humanity left to disbelieve him and if there should be yet found any among his surviving Enemies so obdurate or flinty hearted to persist in that infidelity Heaven it self hath undertaken to convince the whole Universe of his spotless Innocence by answering this Appeal in the Miraculous Restauration of his Son our most Gracious Sovereign and the Royal Family to his and their undoubted Right in despight of all the Power and Malice of his Usurping Enemies The passage is this If I have desired or delighted in the Woful Day of my Kingdoms Calamities if I have not earnestly studied and faithfully indeavoured the preventing and composing of these bloody Distractions then let thy hand be against me and my Fathers House O Lord thou seest I have Enemies enough of Men as I need not so I should not dare thus to Imprecate thy Curse on Me and Mine if my Conscience did not Witness my Integrity which thou O Lord knowest right well But I trust not to my own Merit but thy Mercies Spare us O Lord and be not angry with us forever And now because it will give the clearest prospect of this Insurrection that I have seen though not altogether in its proper place I will give the Reader a view of Mac-guires voluntary Confession which was as follows The Relation of the Lord Mac-guire written with his own hand in the Tower and delivered by him to Sir John Conyers then Lieutenant to present to the Lords in Parliament BEing in Dublin Candlemass-Term last was Twelve-Month 1640. the Parliament then Sitting Mr. Roger Moore did write to me The L. Macguire's Rolation of the Irish Rebellion Oct. 23 1641. desiring me That if I could in that spare time I would come to his House for then the Parliament did nothing but Sit and Adjourn expecting a Commission for the continuance thereof their former Commission being expired and that some things he had to say unto me that did nearly concern me and on receipt of his Letter the new Commission for continuing the Parliament landed and I did return him an Answer That I could not fulfil his Request for that present and thereupon he himself came to Town presently after and sending to me I went to see him at his Lodging And after some little time spent in Salutations he began to discourse of the many Afflictions and Sufferings of the Natives of that Kingdom and particularly in those late times of my Lord Strafford's Government which gave distast to the whole Kingdom And then he began to particularize the Suffering of them that were the more antient Natives as were the Irish how that on several Plantations they were all put out of their Ancestors Estates All which Sufferings he said did beget a general discontent over all the whole Kingdom in both the Natives to wit the Old and New Irish And that if the Gentry of the Kingdom
found guilty of them be punished Yet we may not omit although no motive whatsoever could justifie their Vndertakings to represent That before they fell from their Obedience to the Government Sir William Parsons one of the Lords Justices that supplied the Deputy's place at a publique Entertainment before many Witnesses did positively declare That within a Twelvemonth no Catholick should be seen in Ireland Many hands were sought and Thousands were found to subscribe a Petition tending to the introducing a severe Persecution against Catholiques who were the far greater number of the Inhabitants of Ireland and the menace of an Invasion of a Scottish Army of which men did at that time frequently discourse bred frightful apprehensions So as these and other Grounds of suspition being improved by such among them whose particular Interests could be most favoured and better advanced in Vnquiet Times laid the Foundation of that Rebellion But even those Men and at that time when the Lords Justices did not appear to be prepared for Resistance by their Remonstrance humbly begg'd their Grievances might be redressed by the Advice of the Two Houses of Parliament then met at Dublin But the Lords Justices who by their Words and Actions not only Expressed their unwillingness to stop the farther growth of these Distempers but meant to increase them and were often heard to wish That the Number were greater of such as became Criminal by Proroguing the Parliament made them Desperate However the Nation by their Representatives in the two days which were only allowed them to Sit husbanded their time so as to leave to Posterity a Monument of their aversion to such attempts by declaring That those men had Trayterously and Rebelliously taken Arms and offering to employ their Lives and Fortunes in reducing them to their Obedience if they might be permitted then to Sit. But this was denyed them and by a strange change from the Ancient Form of Government a Parliament then Sitting was Prorogued whereas our Ancestors upon a far less occasion then quieting of so high distempers were usually called upon to Assist the King with their Advice To this may be added That the Earl of Ormond proposed at the Council-Board the raising of 5000 Men in the space of Three Weeks if he might be authorised so to do with which Strength he undertook to dissipate those then weak beginnings of the Ensuing Mischiefs and to prevent their farther growth but was refused it so as thus far we may observe who they were that widened the Wound instead of stanching the Blood This Foundation being thus laid that which at first was but a spark and might be easily quenched began to Flame And freedom of Rapine having suddenly drawn Numbers together the unrepress't Conspirators became a Formidable Army and besieged Tredah passing the River of Boyne which was the Rubicon of the Pale and had in all former Rebellions been maintained with their blood by those antient English Colonies planted there Now it was that the Times began to favour the Design of the Lords Justices and their Party in the Council which was as forward as they to foment the Distractions for the Ulster Army lying in the Bowels of the Country the Forces being not yet come out of England and the Natives themselves both unarm'd and distrusted by the State they were forced at first by their Regular Contribution to prevent the desolation which would have followed their refusal to supply them Hereupon such Contributors began to be looked upon and Character'd as Men fallen from the Government And a Party that was sent from Dublin having killed at Santry but three Miles distant from thence some innocent Husband-men among whom there was two Protestants and carried their heads as in Triumph to the City the neighbour Inhabitants alarm'd thereat had recourse to such Weapons as first came to hand and gathered in a Body whereupon the Lords Justices set forth a Proclamation in Nature of a safe Conduct by which these so in Arms and Mr. King of Clantarffe by special name had five days respite to come in and present their Grievances But before three Nights of the time prefixed were Expired Mr. King 's House was Pillaged and Burnt by direction of the Lords Justices Not long after supplies being arrived out of England and the Siege of Tredagh Raised and consequently the force removed which necessitated the Inhabitants to comply with the Ulster Army the Nobility and Gentry of the Pale prevailed with Sir John Read His Majesties Sworn Servant a stranger to the Country un-engaged and an Eye-witness of their proceedings then upon his Journey to England to take the pains to present their Remonstrance to His Majesty and to beg Pardon for what they were thus compelled to Act. But he poor Gentleman coming to Dublin was apprehended and not concealing the Message intrusted with him was put to the Rack the most part of the Questions which were then asked him in Torment being no other then such as might lead him to accuse the King and Queen to be Authors and Fomenters of that Rebellion Moreover the Two Houses of Parliament in England for the better inducing the Rebels to repent of their wicked attempts commended to the Lords Justices according to the Power granted them in that behalf to bestow His Majesties Gracious Pardon to all such as within a Convenient time c. should return to their Obedience The Lords Justices notwithstanding such Order and His Majesties Gracious Pleasure signified to that effect by their Proclamation dated in November 1641 limited such His Majesty's and the Parliament's of England their favourable and general intentions to the Inhabitants of a few Counties provided always they were not Free-holders and afforded them no longer time then Ten days after the Proclamation to receive benefit thereby But notwithstanding these Restrictions the Lord of Dunsany Sir John Netervill Patrick Barnewal of Kilbrue and many others who had notice of His Majesties Gracious Inclination towards the Nation and the Parliament of England 's Order in favour of them submitted to the Lord Marquess of Ormond then Lieutenant General of His Majesties Army who recommended them to the Lords Justices intimating that the good Vsage to be Extended to them would have an Influence on many others and be a great Motive to quiet the Distempers which then began to spread But the Lords Justices whose Design was not to be carried on by Mercy and Indulgence to prevent Submissions Imprisoned and Indicted by a Jury which did not consist of Freeholders those so Submitting and put the said Mr. Barnewal of the Age of 66 years to the Torture of the Rack This notwithstanding the Noblemen and Gentry inhabiting the Country next to Dublin applied themselves humbly by their Letter to the Lords Justices which when the Earl of Castlehaven a Nobleman of English Birth who freely before that time had access to Dublin came to present he was made a Prisoner Wherefore when the Nation observed That their advice in
Esquires Vlster Sir William Cole Sir James Montgomery The Remonstrance was as followeth addressed first to the L. Deputy Wendesford The humble and just Remonstrance of the Knights Citizens and Burgesses in Parliament Assembled Shewing THat in all Ages since the happy subjection of this Kingdom to the Imperial Crown of England The Irish Remonstrance it was and is a principal study and Princely Care of his Majesty and his most noble Progenitors Kings and Queens of England and Ireland to the vast Expence of Treasure and Blood That their Loyal and Dutiful People of this Land of Ireland being now for the most part derived from Brittish Ancestors should be governed according to the Municipal and Fundamental Laws of England That the Statute of Magna Charta or the Great Charter of the Liberties of England and other laudable Laws and Statutes were in several Parliaments here Enacted and Declared that by the means thereof and the most Prudent and Benign Government of his Majesty and his Royal Progenitors this Kingdom was until of late in its growth a flourishing Estate whereby the said People were heretofore enabled to answer their humble and natural Desires to comply with his Majesties Princely and Royal Occasions by their free gift of 150 Thousand pounds sterling And likewise by another free gift of 120 Thousand pounds more during the Government of the Lord Viscount Faulkland and after by the gift of 40 Thousand pounds and their free and cheerful gift of Six intire Subsidies in the Tenth Year of his Majesties Reign which to comply with his Majesties then Occasions signified to the then House of Commons they did allow should amount in the Collections unto a Hundred and fifty Thousand pounds although as they confidently believe if the Subsidies had been levied in a moderate Parliamentary way they would not have mounted to much more than half the Sum aforesaid besides the Four intire Subsidies granted in this present Parliament So it is may it please your Lordship by the occasion of infuing and other Grievances and Innovations though to his Majesty no considerable Profit this Kingdom is reduced to that Extream and Universal Poverty that the same is less able to pay Two Subsidies than it was heretofore to satisfie all the before-recited great Payments and his Majesties most Faithful People of the Land do conceive great Fears That the said Grievances and Consequences thereof may be hereafter drawn into Presidents to be perpetuated upon their Posterity which in their great hopes and strong belief they are perswaded is contrary to his Royal and Princely Intention towards his said People of which Grievances are as followeth 1. First The general apparent decay of Trades occasioned by the new and illegal raising of the Book of Rates and Impositions upon Native and other Commodities Exported and Imported by reason whereof and of extream Usage and Censures Merchants are beggered both and dis-inabled and discouraged to Trade and some of the Honorable Persons who gain thereby often Judges and Parties And that in the conclusion his Majesties Profit thereby is not considerably advanced 2. The Arbitrary decision of all Civil Causes and Controversies by paper Petitions before the Lord Lieutenant and Lord Deputy and infinite other Judicatories upon references from them derived in the nature of all Actions determinable at the Common Law not limited into certain time cause season or thing whatsoever And the consequences of such exceeding by immoderate and unlawful Fees by Secretaries Clarks Pursivants Serjeants at Arms and otherwise by which kind of proceedings his Majesty looseth a considerable part of his Revenue upon original Writs and otherwise and the Subject looseth the benefit of his Writ of Error Bill of Reversal Vouchees and other Legal and just advantages and the ordinary course and Courts of Justice declined 3. The proceedings in Civil Causes at Council Board contrary to the Law and Great Charter not limited to any certain time or season 4. That the Subject is in all the material parts thereof denyed the benefit of the Princely graces and more especially of the Statute of Limitations of 21 Jac. Granted by his Majesty in the Fourth year of his Reign upon great advice of Council of England and Ireland and for great consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdom in open Assizes whereby all persons do take notice That contrary to his Majesties Pious Intentions his Subjects of this Land have not enjoyed the benefit of his Majesties Princely Promise thereby made 5. The Extrajudicial avoiding of Letters Patents of Estates of a very great part of his Majesties Subjects under the Great Seal the Publique Faith of the Kingdom by private Opinions delivered at the Council-Board without Legal Evictions of their Estates contrary to the Law and without president or example of any former Age. 6. The Proclamation for the sole Emption and uttering of Tobacco which is bought at very low rates and uttered at high and excessive rates by means whereof Thousands of Families within this Kingdome and of his Majesties Subjects in several Islands and other parts of the West-Indies as your Petitioners are informed are destroyed and the most part of the Coyn of this Kingdom is ingrossed into particular hands Insomuch as the Petitioners do conceive that the Profit arising and engrossed thereby doth surmount his Majesty's Revenue certain or casual within this Kingdom and yet his Majesty receiveth but very little Profit by the same 7. The universal and unlawful increasing of Monopolies to the advantage of a few to the disprofit of his Majesty and Impoverishment of his People 8. The extream and cruel usage of certain late Commissioners and other Stewards the British Farmers and Inhabitants of the City and County of London-Derry by means whereof the worthy Plantation of that Country is almost destroyed and the Inhabitants are reduced to great Poverty and many of them forced to forsake the Country the same being the first and most useful Plantation in the large Province of Vlster to the great weakening of the Kingdom in this time of danger the said Plantation being the principal strength of those Parts 9. The late erection of the Court of High-Commission for Causes Ecclesiastical in those necessitous times the proceedings of the said Court in many Causes without Legal Warrant and yet so supported as Prohibitions have not been obtained though legally sought for And the excessive Fees exacted by the Ministers thereof and the encroaching of the same upon the Jurisdiction of other Ecclesiastical Courts of this Kingdom 10. The exorbitant Fees and pretended Customs exacted by the Clergy against the Law some of which have been formerly represented to your Lordship 11. The Petitioners do most heartily bemoan that His Majesties service and profit are much more impaired then advanced by the Grievances aforesaid and the Subsidies granted in the last Parliament having much increased His Majesties Revenue by the buying of
grants and otherwise And that all His Majesties debts then due in this Kingdom were satisfied out of the said Subsidies and yet His Majesty is of late as the Petitioners have been informed in the House of Commons become indebted in this Kingdom in great Sums And they do therefore humbly beseech that an exact accompt may be sent to His Majesty how and in what manner his Treasure issued 12. The Petitioners do humbly conceive just and great fears at a Proclamation published in this Kingdom in Anno Domini 1635. Prohibiting Men of Quality or Estates to depart this Kingdom into England without the Lord Deputies License wherein the Subjects of this Kingdom are hindred and interrupted from free access to Address to His Sacred Majesty and Privy Council of England to declare their just Grievances or to obtain Remedies for them in such sort as their Ancestors have done in all Ages since the Reign of King Henry the Second and great Fees exacted for every of the said Licenses 13. That of late His Majesties late Attorney General hath exhibited Informations against many Boroughs of this Kingdom into His Majesty's Court of Exchequer to shew cause by what Warrant the said Burgesses who heretofore sent Burgesses to the Parliament should send the Burgesses to the Parliament and thereupon for want of an Answer the said Priviledges of sending Burgesses was seised by the said Court which proceedings were altogether Coram non Judice and contrary to the Laws and Priviledges of the House of Parliament and if way should be given thereunto would tend to the Subversion of Parliaments and by consequence to the ruine and destruction of the Common-wealth And that the House of Commons hath hitherto in this present Parliament been deprived of the Advice and Counsel of many profitable and good Members by means thereof 14. By the powerfulness of some Ministers of State in this Kingdom the Parliament in its Members and Actions hath not his natural Freedom 15. And lastly That the Gentry and Merchants and other His Majesty's Subjects of this Kingdom are of late by the Grievances and Pressures beforesaid and other the like brought very near to Ruine and Destruction And Farmers of Customs Customers Waiters Searchers Clerks of unwarrantable proceedings Pursivants and Goalers and sundry others very much enriched whereby and by the slow Redress of the Petitioners His Majesties most Faithful and Dutiful People of this Kingdom do conceive great fears that their readiness approved upon all occasions hath not been of late presented to his Sacred Majesty For remedy whereof the said Petitioners do humbly and of right beseech your Lordship that the said Grievances and Pressures may be speedily redressed and if your Lordship shall not think fit to afford present relief that your Lordship might admit a select Committee of this House of Persons uninteressed in the benefit arising of the aforesaid Grievances to be licensed by your Lordship to repair to his Sacred Majesty in England for to pursue the same and to obtain fitting remedy for their aforesaid and other just Grievances and Oppressions and upon all just and honourable occasions they will without respect of particular interest or profit to be raised thereby most humbly and readily in Parliament extend their uttermost endeavour to serve His Majesty and comply with his Royal and Princely occasions And shall pray c. Not long after the Lord Deputy Wendesford died Lord Deputy Wendesford dies viz. the Third of December following whereupon Robert Lord Dillon of Kilkenny-west and Sir William Parsons Knight and Baronet Master of the Court of Wards L. Dillon and Sir William Parsons made Lords Justices were Constituted Lords Justices of Ireland and were accordingly Sworn the 30th of December 1640. But the Lord Dillon whose Son had married the Earl of Strafford's Sister and who being a Person of great Parts and Abilities and passionately devoted to the Earl's Interests both by Alliance and Inclination was no way grateful to the Faction it was not long therefore before the King who in all things endeavoured to sweeten them by gratifying them in whatever they desired was prevailed with L. Dillon displaced and Sir John Borlase substituted in his room at the Importunities of the Irish Committees then at the Court to displace the Lord Dillon and appoint the aforesaid Sir William Parsons and Sir John Borlase to be Lords Justices of the Kingdom of Ireland These Gentlemen by His Majesties Command applied themselves to give such satisfaction to His Majesties Subjects of Ireland as in reason they could desire and among other things His Majesty was pleased to reduce the Subsidies from 40000 l. a Subsidy to 12000 a piece and all things seemed to be in a most quiet and peaceable Posture and Condition of Settlement But yet even then which seems much to confirm the Lord Macguire's Confession this Rebellion was upon the Anvil for about the latter end of the year 1640 the King received some advertisements of a Design then on Foot to raise some Commotions in Ireland whereupon the King whose care for the Security of his Kingdom and Protestant Subjects of Ireland was always awake caused Sir Henry Vane his Principal Secretary of Estate to advertise the Lords Justices Parsons and Borlase of it and to Command them to take care therein The Letter which I find in Dr. Borlase's History was delivered to the Lord Parsons and found after his Death in his Study by Sir James Barry Lord Baron of Santry and presented to His present Majesty and was in these Terms Right Honourable HIS Majesty hath Commanded me to acquaint your Lordships with an Advice given him from abroad Sir H. Vane's Letter to the Lords Justices concerning some Informations of danger in Ireland and confirm'd by his Ministers in Spain and elsewhere which in this Distemper'd Time and Conjuncture of Affairs deserves to be seriously consider'd and an especial care and watchfulness to be had therein which is That of late there have passed from Spain and the like may well have been from other Parts an unspeakable number of Irish Church-men for England and Ireland and some good old Soldiers under pretext of asking leave to raise Men for the King of Spain whereas it is observed among the Irish Friars there a whisper runs as if they expected a Rebellion in Ireland and particularly in Connaght Wherefore His Majesty thought fit to give your Lordships this notice that in your Wisdoms you might manage the same with that Dexterity and Secresie as to Discover and Prevent so pernicious a Design if any such there should be and to have a watchful Eye on the Proceedings and Actions of those who come thither from abroad on what pretext soever and so herewith I rest Your Lordships most Humble Servant Henry Vane White-Hall March the 16 th 1640. The preservation of this Letter appears very uncommon and looks as if Providence interessed in the Vindication of Oppressed Innocence had reserved it to clear the
Illustrious Memory of the Royal Martyr from the Barbarous Calumny which the wickedest of Mankind indeavoured to fix upon him as being conscious of and favouring this Execrable Rebellion in Ireland Whereas this makes it evident beyond the possibility of contradiction that His Majesty took all the care imaginable to suppress the very first beginnings and motions towards an Insurrection And from hence one may also very probably conjecture at the reason why his Majesty was so willing to comply with the Desire of the Spanish Ambassador to Transport such a Number of the Irish for the Service of the King his Master and possibly this very information might be the great inducement which moved his Majesty to consent to their Transportation for rationally speaking had these Levies gone forward and the Military men of that Nation been sent abroad into the Service of Forreign Princes there could have been no Rebellion or at least nothing so formidable as it proved and that which seems to confirm the Conjecture is That the Roman Catholick Members of the House of Commons in Ireland who were acquainted with the Conspiracy did with all the Artifice and Industry imaginable as well as the English Parliament indeavour to obstruct the Transportation of the disbanded and discontented Souldiers among other Specious and Colourable Arguments * Vide Dr. Borlase's History p. 8. insinuating That the Spaniards having long born ill-will to England they did not know how soon those very Regiments acquainted with every Creek of the Kingdom might be returned on their own Bowels having naturally a love to their Religion which such an Incendiary as the King of Spain might soon inflame to the highest prejudice But however this Intimation given to the Lords Justices by Secretary Vane's Letter doth abundantly clear his Majesty from the least degree of Suspition of contriving fomenting or conniving at this Irish Rebellion so it will fix a blemish either upon the Integrity or Abilities of Sir William Parsons at least after having so fair Warning given that he should never be able to penetrate into the Plot of the Irish which sure a Chief Governor of Ireland could not want Means and Instruments to do till it was so ripe for Execution as to be impossible to prevent it and which is worse to be in no tolerable posture of Provision to Suppress and Extinguish it upon the first Eruption Nor did the Conspirators in Ireland fail to Use the same Arts and Methods which those of Scotland and England and indeed all Conspirators are wont to make Use of to raise up Fears and Animosities Jealousies and pretended Grievances to unhinge the People from their Allegiance by complaining of the Mal-Administration of the Government and Publick Affairs Salust in Conjur Catal. This the Historian tells us was one of the Master-Pieces of Cataline and his Associates illis quieta movere magna merces videbatur And thus did the Irish Conspirators for at the meeting of the Parliament the great business was complaints of Grievances and Impeachments of High Treason against the Prime Ministers of State Sir Richard Bolton Lord Chancellor of Ireland and others were Impeached of High Treason and the Bishop of Derry though contrary to all presidents of that Nature as was certified by the Lords Justices to the principal Secretary upon Search made by his Majesties Commands for that purpose but as Sir John Temple observes they had a design to draw the Government wholly into the hands of Natives thereby to facilitate the intended Alteration of the Constitution And upon this occasion the Popular Men displayed their Talents in aggravating Speeches to make things little in themselves swell and appear bulky and grievous Upon the Impeachment of Sir Richard Bolton c. Mr. Audley Mervin made this following Speech My Lords I Am commanded by the Knights Mr. Audley Mervin's Speech at the Exhibiting the Articles of High Treason against Sir Richard Bolton c. March 4. 1640. Citizens and Burgesses of the Commons House to present unto you Ireland's Tragedy the Gray-Headed Common Laws Funeral and the Active Statutes Death and Obsequies This dejected Spectacle Answers but the prefiguring Type of Caesar's Murther wounded to the Death in the Senate and by Brutus his Bosom Friend our Caesar's Image by Reflection even the Fundamental Laws and Statutes of this Kingdom the sole Means by which our Estates are confirmed our Liberties preserved our Lives secured are Wounded to Death in the Senate I mean in the Courts of Justice and by Brutus too even by those Persons that have received their Beings and Subsistance from them so that here enters those inseperable first Twins Treasons and Ingratitude In a plain Phrase My Lords I tender unto you Treason High Treason such a Treason that wants nothing but Words to express it To Counterfeit the King's Seal to Counterfeit the King's Money it is Treason but this dies with the individual Party To betray a Fort is Treason but it dies with a few Men. To betray an Army is a Treason but it dies with a Limited Number which may be reinforced again by Politick Industry To blow up both Houses of Parliament is Treason but succeeding Ages may replant Branches by a fruitful Posterity but this High Treason which I do now in the Name of the Houses of Commons charge and impeach Sir Richard Boulton Knight Lord Chancellor of Ireland and Sir Gerard Lowther Knight Lord Chief Justice of the Common-Pleas John Lord Bishop of Derry Sir George Ratcliffe Knight is in its Nature so far transcending any of the former that the rest seem to be but petty Larcenies in respect of this What is it to Subvert the Fundamental Laws of this Kingdom High Treason What is it with a contumacious Malice to Trample under Feet the rich Legacies of our Fore-Fathers purchased with Sweat and Expence I mean the Statute Laws what is it but High Treason What is it through an Innate Antipathy to the Publick Good to Incarcerate the Liberty of the Subject under the Iron and Weighty Chains of an Arbitrary Government High Treason What is it since his Majesty the most amiable and delightful Portraiture of Flourishing and Indulgent Justice to his Subjects to present him Personated in their Extrajudicial Censures and Judgments but to possess if possible the Hearts of his Loyal Subjects of this Kingdom That he is a Bloody and Devouring Tyrant and to provoke their never Dying Allegiance into a Fatal and Desperate Rebellion What is it to Violate the Sacred Grants of many of his Majesties Progenitors Kings and Queens of England Confirmed under the Broad Seal being the Publick Faith of this Kingdom by an Extrajudicial Breath grounded upon no Record What is it to Insert a Surreptitious Clause forged by some Servile Brain in the Preamble of our last Act of Subsidies by which the King 's Most Excellent Majesty and the Earl of Strafford are placed in one and the same Sphear allowing them but equal Influences to nourish the
my Lords the Grave Judicious and Mature Examination and deserved Punishment of these Traiterous Proceedings will speak these times as glorious to Posterity in their Information as they are now Lamented in their Persecution The Blood-Thirsting Sword of an Hostile Enemy by a timely Union and a defensive Preparation may be prevented The thin-rib'd Carcass of an universal Famine may have his Consumption restored by a supply from our Neighbouring Nations The quick spreading Venom of Infectious Pestilence may be prevented by Antidotes and qualified by Physical Remedies But this Catholick Grievance like a Snake in the most verdant Walks for such are the unblemished Laws truly practised stings us to Death when we are most secure and like the King's-Evil can only be cured by his Majesties free and gracious Permission of our Modest and Gentle Proceedings for his Vindication and our Preservation therein concluded Spencer and Gaveston who have left their Names monumentally Odious for the Evil Counsel they fed the King's Ear with yet did possibly Advantage their own Friends while these dart their Envy and Treason for a common Center equally touching the Bounds of every Superficies for as concerning the valid Estates they have Illegally overthrown when the Laws by your Lordships Industry receive their Native Vigor they will re-assume their Confirmation but the Estates happily in themselves Legal that they have in an extrajudicial Form established will haste as speedily to their Dissolution so that Judas-like they betray their best Friends with a Kiss My Lords I cannot find any surviving Chronology of times this Season to be paralell'd with all Circumstances which makes me view the Records amongst the Infernal Spirits to find if match't there I might extenuate their Facts where first they appear like the False Spirit sent into the Mouth of the Prophet to Ahab to speak Delusions to subvert the Host of God The most Vehement and Traiterous encounter of Sathan is lively deciphered in the true example of Job where first I observe the Dismology he overthrows not Job's Magna Charta he disseizes him not of his Inheritance nor disposses him of his Leases but only disrobes him of some part of his Personal Estate when he proceeds to infringe Job's Liberty he doth not Pillory him nor cut off his Ears nor bore him through the Tongue he only Spots him with some Ulcers here Sathan staies when these Persons by their Traiterous Combinations Envy the very Blood that runs unspilt in our Veins and by obtruding bloody Acts damn'd in the last Parliament will give Sathan size ace and the Dice at Irish in inthralling the Lives of the Subjects by their Arbitrary Judicature I would not My Lords be understood to impute to the Judges an infallibility of Error nor in Impeaching these to traduce those whose Candor and Integrity shine with more admired Lustre then their white Furrs who like Trophies of Virgin-Justice stood fixed and unmov'd in the rapid Torrent of the Times while these like Straws and Chips plai'd in the Streams until they are devolved in the Ocean of their deserved Ruine No My Lords humanum est errare and the Law allows Writs of Error and Arrest of Judgment but where there is crassa ignorantia against their Oath against the Fundamental Elementary and known Laws of the Kingdom Nay My Lords where it is rather Praemeditata Malitia where there is an emulating Policy who should raze and embesel the Records in the Pratick that are for the Tender preservation of our Liberties Estates and Lives seeking only to be glorious in a National Destruction as if their Safety were only involved in our Ruine there I have command to Pitty but not excuse them To kill a Judg Quatenus a Judg is not Treason but to kill a Judg sitting in the Place of Judicature is Treason not for that the Law intends it out of any Malice against the Party but for the Malice against the Law where then can an Intensive or an extensive Malice be exprest or implyed against the Law then the Practical Dialect of these Persons impeach't speaks with a known and crying Accent The Benjamites slang Stones with their left Hands yet they would not miss a Hairs breadth these extrajudicial Proceedings are slung with the left I mean they are Sinistrious and imprint their black and blew Marks more certain and more fatal for that they may say Quae regio in terris nostri non plena laboris Though these things be familiar unto us yet I cannot but admire how this unproportionable Body of Judicature should swell up into such a vast and ulcerous Dimension but why should I considering this excentrick Motion of the Body of the Law had his Birth obscure resembling the Tares that were sowed in the Night time but here is the difference they were sown by the Enemy in the absence of the Master But these are Sown by the Grand-Masters themselves purposely to over-top and choak the expected Harvest Innovations in Law and consequently in Government creep in like Heresies in Religion slyly and slowly pleading in the end a Sawcy and Usurp't Legitimacy by uncontroul'd Prescription My Lords this is the first sitting and I have only chalked out this deformed Body of High Treason I have not drawn it at length lest it might fright you from the further view thereof in Conclusion it is the humble desire of the Commons That the Parties Impeached may be secured in their Persons Sequestred from this House from the Counsel-Table and all Places of Judicature as being Civiliter Mortui that they may put in their Answers to the Articles ready now to be exhibited against them and that all such further Proceedings may be secretly expedited as may be Suitable to Justice and the Precedents of Parliaments so his Majesty may appear in his Triumphant Goodness and Indulgency to his People and his People may be Ravisht in their dutiful and Cheerful Obedience and Loyalty to his Majesty your Lordships may live in Records to Posterity as the instrumental Reformers of those corrupted Times and that the Kingdom and Common-Wealth may pay an amiable Sacrifice in Retribution and acknowledgment of his Majesties multiplied Providence for our Preservation herein Articles of the Knights The Articles of High Treason against Sir Richard Bolton c. Citizens and Burgesses in the Parliament Assembled against Sir Richard Bolton Knight Lord Chancellor of Ireland John Lord Bishop of Dery and Sir Gerard Lowther Knight Lord Chief Justice of his Majesties Court of Common-Pleas and Sir George Radcliffe Knight in maintenance of the Accusation whereby they and every of them stand Charged with High-Treason FIrst That they the said Sir Richard Bolton Knight Lord Chancellor of Ireland John Lord Bishop of Derry Sir Gerard Lowther Knight Lord Chief Justice of his Majesties Court of Comwon-Pleas and Sir George Radcliffe Knight intending the Destruction of the Common-Wealth of this Realm have Traiterously Confederated and Conspired Together to Subvert the Fundamental Laws and Government of
a Convenient time to be declared by the Lord Lieutenant Lord Deputy or Lords Justices and Councel of that Kingdom shall return to their due Obedience the greatest part whereof they conceive have been seduced upon false Grounds by cunning and subtile Practices of some of the most malignant Rebels Enemies to this State and to the Reformed Religion and likewise to bestow such Rewards as shall be thought fit and published by the Lord Lieutenant Lord Deputy or Lords Justices and Council upon all those who shall arrest the persons or bring in the Heads of such Traytors as shall be personally named in any Proclamation published by the State there And they do hereby Exhort and Require all his Majesties loving Subjects both in this and that Kingdom to remember their Duty and Conscience to God and his Religion and the great and Eminent Danger which will involve this whole Kingdom in General and themselves in Particular if this abominable Treason be not timely suppressed and therefore with all Readiness Bounty and Chearfulness to confer their Assistance in their Persons or Estates to this so important and necessary a Service for the Common Good of all The Letter to be sent along with this Declaration was in these words MY Lords Justices The Letter from the Speakers of both Houses to the Lords Justices of Ireland and the rest of his Majesties Council of his Majesties Kingdom of Ireland I have received a Command from the Lords House in this present Parliament to send unto you this inclosed Declaration of the Lords and Commons in Parliament for the better Encouragement of his Majesties Faithful Subjects to unite and imploy themselves in opposing and suppressing the Rebels of this and that Kingdom the publishing whereof I am to commend to your Care and Wisdom and rest c. The Resolutions being again read over the House consented to them and ordered the Lord Keeper to take Care to see them sent to Ireland as also to send Copies of them to his Majesty that he may see the Care of his Parliament in his absence concerning the Affairs of Ireland The Lord Admiral was also Ordered to give Command for the stoping of the Posts towards Ireland Order to stop the Posts towards Ireland upon such as are now going from Flanders into the Kingdom of Ireland It was also Ordered Order to take Care to guard the City against Tumults That the Lord Chamberlain of his Majesties Household Captain General of the South Parts of this Kingdom during his Majesties being out of this Kingdom shall give Order to the Lord Mayor of the City of London to safe guard the said City as there shall be Cause against all Tumults and Disorders that shall happen in or about the said City and the Liberties of the same upon any occasion whatsoever In the Commons House it was upon the Question Resolved That the Conference with the Lords shall be renewed concerning the securing of the Persons of Papists It was also Ordered That a Warrant be drawn to pass both Houses to the Master of the Ordnance for the delivery of the Arms and Powder and Ammunition at Carlisle to the Lord Lieutenant of Ireland or such as he shall appoint This day the Lord Keeper signified to the House of Lords Friday Novemb. 5. That he had received a Letter from the Lord Howard at Edenburgh dated the 30th of October 1641 which was commanded to be read the Effect whereof was THat meeting with the Instructions of the Parliament beyond Anwick in his return to London his Lordship and Mr. Fiennes returned back again to Edenburgh to present them to his Majesty which having done his Majesty told them That for the Business of Barwick be hoped by this time the Parliament had received Satisfaction Concerning the Rebellion in Ireland his Majesty upon the first Notice thereof moved the Parliament of Scotland to take this business into Consideration which accordingly they did and appointed a Committee for this very purpose which made Report whereof a Copy is Enclosed together with a Ratification thereof in Parliament wherein they have testified their Affection and respect to this Kingdom The Report of the Committee in the Parliament of Scotland Rege praesente 28 Octobris 1641. HIS Majesty produced a Letter written to him by the Lord Viscount Chichester anent some Commotions in Ireland The Resolutions of Scottish Parliament concerning the Irish Rebellion which was publiquely read in Audience of the Kings Majesty and Parliament And his Majesty desired that some may be appointed to think upon the Business so far as may concern his Majesty and the Kingdom And the Estates nominated the Lord Chancellor Lord General Lord Lothian Lord Amond the Lardis of Wedderburn Kinhault and Murthill the Commissioners of Edinburgh Glascow and Aire to think upon some Course necessary to be done anent the said Letters and what is incumbent to be done by this Kingdom thereupon and Report again to the Parliament To meet in the General his House this Afternoon at two Hours 28 Octobris 1641. This Day in the Afternoon the Committee above nominated appointed for taking into Consideration the Report of the Commotions in Ireland being met in the Lord Generals House and having read the Letter directed to the King's Majesty from the Lord Chichester Dated at Belfast the 24th of October 1641 hath Considered That his Majesty out of His Wisdom and Royal Care of the Peace of His Kingdoms hath already acquainted the Parliament of England with the Intelligence from Ireland and has sent to Ireland to know the certainty of the Commotions and of the Affairs of that Combination which till it be perfectly known there can be no particular Course taken for Suppressing thereof and the Kingdom of Ireland being dependant upon the Crown and Kingdom of England the English may conceive Jealousies and mistake our Forwardness when they shall hear of our Preparations without thair Knowledg in this whairin they are first and more properly concerned And if the Insurrections be of that Importaince as the British within Ireland are not Powerful enough to Suppress it without Assistance of greater Forces * * Scotish for than nor thair Allies and that his Majesty and Parliament of England shall think our Aid necessary to joyn with thaim We conceive That the Assistance which we can contribute may be in readiness as soon as England and if after Resolution taken by his Majesty with Advice of both Parliaments it shall be found necessary that we give our present Assistance we shall go about it with that speed which may Witness our dutiful Respects to his Majesties Service and our Affections to our Brethren his Majesties Loyal Subjects of England and Ireland 29 Die Octob. 1641. Read in Audience of his Majesty and Estates of Parliament ad futuram rei memoriam as ane Testimony of their Affections to his Majesties Service and the Good of the Neighbor Kingdoms and appoints thrie of the Baronis
Celebrated Persons of his Age and indeed had the Lords Justices been willing and able to have hearkned to his Lordships Motion at the Council Board to put him immediately at the Head of any considerable Strength he would in probability by God's assistance have made a short dispatch of that Rebellion for it was some considerable time before the Rebellion became Universal or otherwise Captain Byron with a single Company of 50 Men could not as he did have by command from the Lord Justices and Council have marched Safe and without disturbance from Youghall to Dublin which is above 80 Miles nor was there any rising about Kilkenny till two Months after the first Eruption but it is too evident that as the supine carelessness of some did encourage the Irish to Rebel so there were others in Power who were so taken up with the Contemplation of Forfeitures that they rather increased the Fuel than took Care to suppress the Flame so that it is no wonder if his Lordships Motion was rejected till it was too late However several Commissions were given out to diverse Gentlemen even of the Romish Religion to raise Men to suppress the Rebellion The Commissions then given out run in the Stile of Martial Law which was thought no more than Requisite as appears by this following which was given to the Lord Gormanstone By the Lords Justices and Council W. Parsons John Borlase RIght Trusty and Well-beloved A Copy of the Commissions for suppressing the Rebellion in Ireland Nov. 1641. We greet you well Whereas divers most Disloyal and Malignant Persons within this Kingdom have Traiterously conspired against His Majesty His Peace Crown and Dignity and many of them in Execution of their Conspiracy are Traiterously Assembled together in a warlike Manner and have most inhumanly made Destruction and Devastation of the Persons and Estates of divers of his Majesties Good and Loyal Subjects of this Kingdom and Taken Slain and Imprisoned great Numbers of them We out of Our Care and Zeal for the Common Good being desirous by all means to suppress the said Treasons and Traitors and to conserve the Persons and Fortunes of His Majesties Loving Subjects here in Safety and to prevent the further Spoil and Devastation of his Majesties Good People here Do therefore hereby Require and Authorize you to Levy Raise and Assemble all every or any the Forces as well Footmen as Horsemen within the County of Meath giving you hereby the Command in Chief of all the said Forces and hereby further Requiring and Authorizing you as Commander of them in Chief to Arm Array Divide Distribute Dispose Conduct Lead and Govern in Chief the said Forces according to your best Discretion and with the said Forces to Resist Pursue Follow Apprehend and put to Death Slay and Kill as well by Battel as other ways all and singular the said Conspirators Traitors and their Adherents according to your Discretion and according to your Conscience and Discretion to proceed against them or any of them by Martial Law by Hanging them or any of them till they be dead according as it hath been accustomed in time of open Rebellion and also to Take Waste and Spoil their or any of their Castles Holds Forts Houses Goods and Territories or otherwise to Preserve the Lives of them or any of them and to receive them into his Majesties Favor and Mercy and to forbear the Devastation of their or any of their Castles Forts Houses Holds Goods and Territories aforementioned acccording to your Discretion Further hereby Requiring and Authorizing you to Do Execute and Perform all and singular such other things for Examination of Persons suspected discovery of Traitors and their Adherents parlying with and granting Protections to them or any of them taking up of Carts Carriages and other Conveniences sending and retaining Espials Victualling the said Forces and other things whatsoever conducing to the purpose aforementioned as you in your Discretion shall think fit and the necessity of the Service require further hereby Requiring and Authorizing you as Commander in Chief to Constitute and Appoint such Officers and Ministers respectively for the better Performance and Execution of all and singular the Premises as you in your Discretion shall think fit And We do hereby require and command all and singular His Majesties Sheriffs Officers and Ministers and Loving Subjects of and within the County of Meath and the Borders thereof upon their Faith and Allegiance to His Majesty and to his Crown to be Aiding Helping and Assisting to you in the Doing and Executing of all and singular the Premises This Our Commission to continue during Our Pleasure only and for the so doing this shall be your sufficient Warrant Given at His Majesties Castle of Dublin Novemb. 1641. R. Dillon Ja. Ware Jo. Temple Rob. Meredith To Our very good Lo. Nicholas Vic. Com. Gormanstone Immediately upon the setting out of the Proclamation of the 23 of October divers Lords of the English Pale came to Dublin and there declared to the Lords Justices and the Board with severe Protestations their great Loyalty and Affection to his Majesty and that they would with all readiness assist their Lordships in the suppressing of this Rebellion but within two or three days they returned with a Petition wherein they offered they said the deep Sense they had of an Expression in that Proclamation as if by the Words evil affected Irish Papists there being no Distinction they might be misinterpreted so as to reflect upon them as comprehended under those general Terms Whereupon the Lords Justices and Council that they might clear this Point and thereby secure themselves of the Loyalty and Services of these Gentlemen who as well as their Ancestors had upon former Occasions manifested great Loyalty to the Crown of England therefore to remove all Scruples put out this following Explanatory Proclamation By the Lords Justices and Council W. Parsons John Borlase WHereas a Petition hath been preferred unto Vs A Proclamation for the Satisfaction of the Lords and Gentlemen of the English Pale Oct. 28. 1641. by divers Lords and Gentlemen of the English Pale in behalf of themselves and the rest of the Pale and other the old English of this Kingdom shewing That whereas a late Conspiracy of Treason is discovered of ill-affected Persons of the old Irish and that thereupon a Proclamation was published by Vs wherein among other things it is declared That the said Conspiracy was perpetrated by Irish Papists without distinction of any and they doubting that by those general Words of Irish Papists they might seem to be involved though they declare themselves confident that We did not intend to conclude them therein in regard they are none of the Old Irish nor of their Faction or Confederacy but are altogether averse and opposite to all their Designs and all other of like Condition We do therefore to give them full satisfaction hereby declare and publish to all his Majesties Good Subjects in this Kingdom
are entertained in several Houses both within the City and Suburbs thereof These are in His Majesties Name strictly to Charge and Command all such Strangers as are of late come into this City or into the Suburbs thereof to depart the same within one hour after the publishing of this Declaration upon pain of Death to be Executed on them by Martial Law And all such as have entertained any such Person or Persons into their Houses are hereby strictly Required and Commanded to bring a Note of the Name of such Person or Persons so entertained to the Mayor of this City by the hour of Six of the Clock this present Evening upon pain of death to be Executed on them by Martial Law who shall neglect so to do Furthermore the several Constables of this City are required this Night to make Search within this City and Suburbs thereof for such Strangers and the harbourers of them and to cause them to be apprehended and detained until they shall receive directions from Vs to the Contrary Given at His Majesties Castle of Dublin the 28th day of Octob. 1641. R. Dillon J. Temple Tho Rotherham Ja. Ware G. Wentworth Rob. Meredith And because they saw the ill Consequence of the Calumny before mentioned which the Rebels made use of colouring all their impious Villanies under the Sacred Name of His Majesties Authority the Lords Justices and Council to undeceive the abused People and vindicate His Majesty from the horrid Scandal issued out the following Proclamation A Proclamation against the Calumny of the Rebels pretence of acting by the Kings Commission Oct. 30 1641. By the Lords Justices and Council Wil. Parsons Jo. Borlase WHereas We the Lords Justices and Council have lately found That there was a most disloyal wicked and detestable Conspiracy intended and plotted against the Lives of Vs the Lords Justices and Council and many others of His Majesties faithful Subjects especially in Ulster and the Borders thereof and for the surprizing not only His Majesties Castle of Dublin His Majesties principal Fort but also of other Fortifications in several Parts and although by the great goodness and abundant mercy of Almighty God to His Majesty and to this State and Kingdom these wicked Conspiracies are brought to light and some of the Conspirators committed to the Castle of Dublin by Vs by His Majesties Authority so as those wicked and damnable Plots have not taken effect in the chief Parts thereof yet some of those wicked Malefactors have surprised some of His Majesty's Forts and Garrisons in the North of Ireland slain divers of His Majesties good Subjects imprisoned some and robbed and spoiled very many others and continue yet in those Rebellious courses against whom therefore some of His Majesties Forces are now marching to fight against them and subdue them thereby to render safety to His Majesty's faithful Subjects And whereas to colour and countenance those their wicked Intendments and Acts and in hope to gain the more Numbers and Reputation to themselves and their proceedings in the opinion of the ignorant Common People those Conspirators have yet gone further and to their other high Crimes and Offences have added this further wickedness even to traduce the Crown and State as well of England as Ireland by False Seditious and Scandalous Reports and Rumors spread abroad by them We therefore to vindicate the Crown and State of both Kingdoms from those false and wicked Calumnies Do hereby in His Majesties Name Publish and Declare That the said Reports so spread abroad by those wicked Persons are most False Wicked and Traiterous and that we have full Power and Authority from His Majesty to prosecute and subdue those Rebels and Traytors which now We are doing accordingly by the Power and Strength of His Majesty's Army and with the Assistance of His Majesty's Good and Loyal Subjects and We no way doubt but all His Majesty's Good and Faithful Subjects will give Faith and Credit to Vs who have the Honour to be trusted by His Majesty so highly as to serve Him in the Government of this His Kingdom rather than to the vain idle and wicked Reports of such lewd and wicked Conspirators who spread those false and seditious Rumors hoping to seduce a great number to their Party And as We now believe that some who have joyned themselves with those Conspirators had no hand in contriving or plotting the mischiefs intended but under the pretence of those seditious Scandals were deluded by those Conspirators and so are now become ignorantly involved in their guilts so in favour and mercy to those so deluded We hereby Charge and Command them in His Majesty's Name now from Vs to take light to guide them from that darkness into which they were misled by the wicked seducement of those Conspirators and to depart from them and from their wicked Counsels and Actions and according to the duty of Loyal Subjects to submit themselves to his Sacred Majesty and to his Royal Authority intrusted with Vs But in case those Persons which were no Plotters nor Contrivers of the said Treason but were since seduced to joyn with them as aforesaid lay not hold of this His Majesty's Grace and Favour now tendred unto them then We do by this Proclamation Publish and Declare That they shall hereafter be reputed and taken equally guilty with the said Plotters and Contrivers and as uncapable of Favour and Mercy as they are Given at His Majesty's Castle of Dublin the 30th of October 1641. La. Dublin R. Ranelagh Ant. Midensis John Rophoe R. Dillon J. Temple P. Crosbie Ja. Ware Rob. Meredith Let us now repass again to the Affairs of England where we left the Skie also lowring and the gathering Clouds threat'ning Tempestuous Weather in the State This day the Lord Keeper informed the House of Lords Friday Novemb. 12. The Venetian Ambassador Complains of the breaking open of his Pacquer That the Venetian Ambassador made a Complaint to the Lords of the Council That the Dispatches which were sent to him this Week were opened and the Seal of the State of Venice broken by the Parliament at which he finds himself so much aggrieved that he hath retired himself from the Publick Affairs as an Ambassador between this Kingdom and that State until he receives further Commands from his Masters Then was read a Paper being a Translation out of Italian delivered by the said Ambassador the Contents whereof was as follows Most Noble Lords THe Correspondency betwixt Princes The Venetian Ambassador's Memorial about the breaking up of his Letters hath always been the most immediate Ways of a true Interest of maintaining of Estates and of continuing of Commerce to the Benefit and Increase of the Common-Wealth To Cultivate this the most great Kings hath always used the utmost Industry and to facilitate it they have introduced the Expedient of Ambassadors to confirm it betwixt the one and the other Kingdom In this there hath been all Respect rendred to all Princes at
this present of 1000 Men only to be Raised in Scotland to be sent into Ireland The Lord-Keeper being so indisposed that he was not able to come to the House Saturday Novemb. 13. the Lord Privy-Seal was appointed to be the Speaker of the House for this day The Lord Kymbolton then reported some Propositions from the Committees of both Houses for the Irish Affairs which were read as followeth 1. That Officers for 2000 Foot shall be sent c. ut supra in the Votes 2. That it shall be referred to the Lord Lieutenant to make a List of those Officers and to appoint of what numbers each Company shall consist of 3. That the 1300 Arms that are in Carlisle shall be sent away presently to the North Parts of Ireland and Arms for one Troop of Horse 4. That the Forty old Foot Companies be recruited unto 100 Men in a Company 5. That the Recommendation of Sir John Clotworthy to some honourable Entertainment in Ireland be proposed to the Lords 6. That the like Recommendation be for the Lord Dungaruan and for the Command of Youghal this request the Lord Dungaruan desires may be left to the Lord Lieutenant 7. That Officers be sent into Munster for 1000 Foot and 1 Troop of Horse and this was the easier yielded unto because the Lord Dungaruan informed that the Soldiers should receive no Pay till they were ready to March against the Enemy 8. That present Order be taken for securing the Port Towns of Munster as Cork Waterford Limrick Kynsale Youghal Baltimore Slego and Gatway in Connaght because these Towns lie on the South-West of Ireland near Spain 9. That the Officers may be speedily sent for Dublin 10. It is thought fit by the Committees that Sir Simon Harcourt should have the Sallary of 20 s. per diem above the rest for his Command of Dublin 11. That the Entertainments of every Regiment of Foot and the Pay of the Officers of the Army shall be from the Date of their Commissions and Sir Simon Harcourt to go away presently to all which the Lords assented The Lord Newnham reported Lord Newnham's Report of the Venetian Ambassadors receiving the Message from the Lords That himself and the rest of the Lords appointed by this House repaired to the Venetian Ambassador and delivered unto him the Paper Translated into Italian touching the excuse for opening his Letters and after he had read it he presented unto the House great thanks for sending persons of such great place in this State unto him and promised he would represent the same to the State of Venice with as much respect as he could But desired that the Kings Ambassador may be sent away as speedily as may be to Venice in the nature of a special Ambassador to make excuse for this particular Business before he Treat of any Publick Affairs and for prevention of any Accident for the future he desires to have an Order to the Post-Master that his Letters may be speedily sent him Whereupon the House thought fit That the first desire concerning the Ambassador be left to the Pleasure of His Majesty and for the other it was Ordered That such Pacquets and Letters as are or shall be directed to the Venetian Ambassador shall be forthwith delivered up to the said Ambassador's own hands It was this day Ordered That the Earl of Newport Order for bringing up the Ammunition from Hull Master of the Ordnance shall have power by Virtue of this Order to send his Commands and Issue forth Warrants for the bringing up the Magazine of Arms and Ammunition remaining now in Kingston upon Hull unto the Tower of London for the securing of the Kingdom It was also Ordered Order about the L. Lieutenant of Ireland That because the Lord Lieutenant of Ireland hath not been invested in the Formality of his Place by the receiving of the Sword in Ireland That his Lordship shall have power by Virtue of this Order to give Command to the Lords Justices of Ireland to seize upon the persons of any that are suspected until they shall clear themselves unto the said Lords Justices there At a Conference this day the Commons desired That the first six Articles of Instructions to the Commissioners in Scotland to which the Lords had already agreed with some little Alterations as that 10000 Men might be raised in Scotland for the service of Ireland might be speedily sent away by Mr. Pickering and for the remaining Articles touching ill Counsels and Counsellors they desire their Lordships would joyn therein and they will tarry four or five days for their Lordships Resolutions Whereupon the 6 Articles were dictinctly read over again and the House agreed to them all and Resolved to take the rest into Consideration hereafter Then the Petition which was to go along with the Instructions was read in haec verba To the King 's Most Excellent Majesty The Humble Petition of the Lords and Commons in Parliament Most Gracious Soveraign WHereas this Messenger Mr. The Petition to the King in Scotland sent with the Instructions to the Committees Pickering is imployed with Instructions to your Parliament of Scotland our desire of some Aids from that Kingdom for the suppressing of the Rebels in Ireland if it fall out that your Majesty shall be come out of Scotland or our Committees before the Arrival of this Messenger there We humbly beseech your Majesty to give Authority to the said Mr. Pickering to present the said Instructions to the Parliament of Scotland and to bring back their Answer to the Parliament of England Which being read was Approved by the House In the Commons House Sir Thomas Barrington Reports the Answer of the City The Answer of the City about lending Money That the Committee who were Ordered to carry the Letters which came last from Ireland to the City to stir them up to lend Money found a great deal of willingness and readiness in the City to do it the Lord Mayor desired to know the particulars we had in Charge for their security which being made known unto them together with the miserable condition of Ireland Mr. Recorder did very much promote the Business and pressed them to give their Votes but before they did that they desired by way of Prepositions to offer something not by way of Contract to this Honourable House 1. That the Money should be paid as the Act was passed 2. That by reason of the Privilege of the Members of both Houses and by reason of the Protections granted especially by the Lords a vast Sum of Money is detained from them so that Trade cannot be driven nor are they so enabled to lend Money as they desire for the service of the Common-wealth 3. They said they were sensible of the miseries of the Protestants in Ireland and of the Power of the Papists there and therefore did press with much earnestness That the Persons of the Popish Lords and other Persons of Quality here in England
may be just causes of those fears 1. They therefore desire their Lordships Expedition of the Ordinance concerning the Earls of Essex and Holland 2. An Answer concerning the securing the Persons of Recusants 3. Concerning the Government of the Isle of Wight and the fortifying the Forts of the Kingdom 4. That the Magazines in the County of Montgomery may be Sequestred into other hands for better security they being now in the hands of a Servant of a great Recusant 5. That Milford Haven may be fortified 6. That Sir Simon Harcourt may have a Commission to levy Soldiers for the Service of Ireland and that Thursday next may be the longest time of his stay here To these particulars the Lords gave these Resolutions 1. The Lords Answers To the first The House will Debate the Ordinance about the Earls of Essex and Holland to Morrow Morning 2. To the securing of the Persons of Recusants agreed 3. Touching the sequestring of the Isle of Wight into another hand their Lordships will take the same into confideration when the House of Commons present their Reasons why it should be taken out of the hand where it is now To the Forts they have formerly given in an account of the state of them and of the Charge which will be requisite to repair them and that the Money must proceed from them 4. To the fourth Agreed to 5. To the Fifth This House thinks it fit that Milford Haven be secured by appointing some Ships to ride in the Haven 6. To the Sixth The Lord Lieutenant of Ireland is to bring the Commission to Morrow Morning which he is to give to Sir Simon Harcourt for levying Men for the Service of Ireland This being done the Lord Keeper was appointed to acquaint the Commons who stayed in the Painted Chamber with the aforesaid Answers to their Propositions Mr. Maxwell the Gentleman-Usher gave this House an account Mr. Maxwell upon search finds no Priests That according to their Lordships Order he had searched diligently the Earl of Worcester 's House for Priests and Jesuits but can find none In the Commons House they were taken up with this new Plot and preparing Heads for the forementioned Conference And which is omitted in the Lords Journal it was desired That the Information which Beal hath given may be published It was also Ordered That St. German the French-man St. German committed to the Gate-house be committed to the Prison of the Gate-house and that no Man be suffered to speak with him but in the presence and hearing of a Keeper They were still busie in Hammering and Filing of the Remonstrance of the State of the Kingdom as appears by this Memorandum Memorandum That an Addition be made to the Declaration to this purpose to declare That this House intends to vindicate themselves from the Imputations laid upon them of discouraging of Learning and that they will advance Learning and the maintenance of Preaching Ministers They were very tender it seems of their Reputation but notwithstanding their Declaration it will remain an Eternal Riddle to Posterity how it can be possible to incourage Learning by taking away the Rewards of Industry And for their maintaining of Preaching Ministers they were as good as their Word indeed by suffering all that would to Preach and maintaining them in their Sacrilegious Usurpations upon the Sacred Function Report was made this day by the Lords Committees for the Irish Affairs That the Committees of both Houses for that business Wednesday Novemb. 17. have considered of these particulars That Power be given to the Lord Lieutenant of Ireland Irish Affairs for rewarding of secret services as is fit That convenient Posts be speedily set up between Beaumaris and Holy-Head And that the State of Scotland be moved to have the like care for Posts between Carlisle and Port-Patrick That Directions be sent by both Houses of Parliament to the Lords Justices of Ireland concerning the Prisoners Mac-Guire and Mac-Mahon to be Conveyed into England for their better security That the Protestation taken by both Houses be taken by all Officers and Commanders before they be employed in the service of Ireland which Propositions being read were Assented to It was Ordered Message to the Foreign Ambassadors concerning Jones and Andrews That the Right Honourable the Earl of Bristol the Earl of Holland and the Lord Brook shall forthwith Repair unto the several Ambassadors in and about the Cities of London and Westminster and desire them from the Parliament to dismiss out of their Houses such Priests as are the Kings Native Subjects and in case they shall be hereafter found abroad they shall not have any Protection but be Proceeded against according to the Laws of the Kingdom and to let them know That if the Persons of Father Jones and Father Andrews who were Accused for Treasâ—â— be received into their Houses the Parliament desires they may be presently delivered up Lord Lieutenant scruples the Validity of the Ordinance to Levy Men without the Great Seal Upon some Question made this day by the Lord Lieutenant of Ireland whether the Ordinance of Parliament for the granting him Power to give Commissions to Levy men for the Service of Ireland be of sufficient Validity without a Confirmation from His Majesty Thereupon the House did undertake to be Suitors to his Majesty to consirm the Autherity given to his Lordship by the King and the Parliament under the Great Seal of England And do Promise That they will be always ready to avow his Proceedings upon their Lordships aforesaid Orders in the mean time The Lord Lieutenant delivered a Copy of a Commission to be given to Commanders for the Levying of Men for Ireland which was Read and Approved of the Contents were as follow Robert Earl of Leicester Copy of a Commission to Raise Men for Ireland Viscount Lisle Baron of Penhurst c. One of His Majestie 's Most Honourable Privy-Council Lieutenant General of the Kingdom of Ireland and General of His Majestie 's Army there To Collonel WHereas the Lords Justices and Council of Ireland have advertised our Soveraign Lord King Charles and his High Court of Parliament now here Assembled of a suddain Insurrection aâ—d Rebellion in Ireland and have Humbly besought His Majesty to send some Succours unto his good Subjects there And his Majesty being now Absent in his Kingdom of Scotland hath recommended the Care of the said Kingdom of Ireland unto his Parliament of England and that in pursuit of his Majestie 's Pleasure so signified for as much as in this time of His Majestie 's Absence his Royal Commission according to the usual form cannot be so soon obtained as the necessity of the Kingdom doth require The Lords and Commons of the said Parliament now Assembled have by their Ordinance of the 6th of this present Month of November Authorized me by Warrant under my Hand and Seal to give one or more Commissions to such Captains Commanders or other
held by Bishops the greatest Fires and Pests of Christendom the Old Heresies were by their Industry extinct Church Discipline and Pious Constitutions by them Established many Nations by them converted many Miracles done for the Confirmation of the Christian Faith one of the Gospels written by a Bishop St. Mark of Alexandria if we believe as authentick Records as any are extant Three of the Epistles of St. Paul written to Bishops seven Epistles by the Holy Ghost himself recorded in the Revelation and sent to the Seven Asian Bishops as all ancient Fathers accord * * Timotheus Titus Clemens Limus Marcus Dyonisius Onesimus Caius Epaphroditus Jacobus Hierosolimit Euodias Simeon the Names of twelve Men besides Apostles mentioned in Holy Scripture which all Antiquity reports to have been Bishops most of the Fathers whose Works all Posterity embraces with much Zeal and Admiration were Bishops these also in our Apprehensions advance that Holy Function to a high and unalterable Estimation 17. Very many of the fairest Churches and Colleges and Places of Religion were built by Bishops which are fair Characters to shew their prompiness to do Publick Acts of Piety and that Persons so well qualified as they were that is Governors and Clergy and fairly endowed is an excellent Composition to advance publick Designs for the Honor of God in the Promotion of Publick Piety 18. Since it hath pleased this Honorable Court of late to commend a Protestation to Vs which We by solemn Vow engaged our selves to Attest with our Lives and Fortunes the established Doctrine of the Church of England We consider that since the 36 Article hath approved and established the Book of Consecration of Bishops the Abolition of Bishops would nullifie that Article and should We not make humble Remonstrance to the contrary we should suddenly recede from our great and solemn Protestation for maintenance of our Church Doctrine But may it please this Honorable Assembly We consider on the other side 19. The introducing of Lay Elders must bring an insupportable Burthen to all Parishes by maintaining them at the Parish Charge for they must be maintained or else a Transgression is made against the Apostolical Rule Tim. 5. for the principal and indeed only colourable pretended Place for Lay-Elders injoyns their Maintenances so that either the People must be Oppressed with so great a Burthen or else St. Paul's Rule not obeyed or else there is no Authority for Lay Elders as indeed there is not 20. And also there can be no less fear of Vsurpation upon the Temporal Power by the Presbytery then is pretended from Episcopacy since that Presbytery challenges Cognisance of more Causes and Persons then the Episcopacy does so making a dangerous Entrenchment upon the Supremacy and derives its Pretence from Divine Institution with more Confidence and more immediate derivation then Episcopacy though indeed more vainly as We conceive 21. We crave leave also to add this That these two viz. Episcopacy and Presbytery being the only two in contestation if any new Design should justle Episcopacy we are confident that as it hitherto wants a Name so it will want a Face or Form of Reason in case of Conscience when it shall appear Signed by Knights Justices Gentry and Free-Holders about 800 By Ministers about the Number of 40. Though this Number seem but small yet the County is so too and certainly the Reasons which they offered were great and altogether unanswerable But the Word of the Faction was Delenda est Carthago Root and Branch must up though the 12 Apostles themselves had Petitioned them and remonstrated against this Violent and Anti-Christian Enterprize as in reality both they and all Apostolick Men as is well urged in this Petition did This day a Petition was read in the House of Lords Friday Novemb. 19. Officers of the late Army Petition for their Pay Presented by the Colonels and Chief Commanders in the late King's Army shewing That whereas there was a Trust desired by the Parliament of the said Officers for part of their Pay and thereupon an Act was made for their satisfaction to be given positively on the 10th of this Instant November They therefore desire That the Parliament may be moved to make good their Act. Whereupon it was Ordered to be propounded to the Commons at a Conference The Press breaks loose against Church and State The Press now began to break loose as indeed every thing that looked like Order seemed to be wholly Abandoned to Libertinisme both in Church and State for daily Complaints were made of abusive Pamphlets against both particular Persons and the Government Civil and Ecclesiastical Complaint had been some time before made to the House of a Libel against the Earl of Worcester another against the French Ambassador a third for Printing and Publishing a Book Intituled Leicester's Commonwealth upon all which the Honourable House of Lords who had not yet ejected the Bishops and others of the Loyal Nobility had animadverted and this Day it was Ordered That Lewis Hughs a Minister be sent for to attend this House to see if he will avow the making of a Book Intituled The Grievances and Errors of the Service-Book and that the Company of the Stationers do take Care to find out the Printer of the same Ordered Wall restored to his Place That Thomas Wall shall be restored to his former Imployment about the Vpper House of Parliament which although it is in the Gentleman Vshers disposure yet the Lords do presume that he will give way unto it by reason that his Dismission from the Imployment was by Order of this House for the reglect of his Duty to their Lordships only and the Business that concerned the House The Commons were still busy with the Declaration which having been the Work of many Daies and some Nights the Faction watching the opportunity of a thin House when most of the Loyal Party were tired and risen was at last brought to that perfection that it was Ordered to be Ingrossed A Motion was made for encouraging voluntary Contributions for the Relief of the poor English in the Kingdom of Ireland to which Sir John Packer presently gave 100 l. The Lord Brooks acquainted the Lord Thursday Novemb. 20. That he had informed the Venetian Ambassador with the Order of this House concerning Priests and Jesuits and the Ambassador saith he hath none that are the King 's Native Subjects if he had any such he would discharge them as for Father Jones and Father Andrews he saith he knows none such The Petition of Robert Philips the Priest was read Philips the Priest Petitions to be released from the Tower Craving Pardon for having presented formerly to their Lordships such Petitions as have not afforded expected Satisfaction which he humbly beseecheth may not be imputed to his backwardness but rather unto want of Experience in forming Petitions of that Nature And further he beseecheth their Lordships to believe that from his Heart he is
hearty and kind Affections to my People in general and to this City in particular as can be desired by loving Subjects The first I shall express by governing you all according to the Laws of this Kingdom and in maintaining and protecting the true Protestant Religion according as it hath been Established in my two famous Predecessors times Queen Elizabeth and My Father * * Too Prophetically spoken and this I will do if need be to the hazzard of My life and all that is dear unto Me. As for the City in Particular I shall study by all means their prosperity And I assure you I will singly grant those few reasonable demands you have now made unto me in the Name of the City and likewise I shall study to re-establish that flourishing Trade which now is in some disorder amongst you which I doubt not to effect with the good assistance of the Parliament One thing I have thought of as a particular Affection to you which is to give back unto you freely that part of London-Derry which heretofore was Evicted from you This I confess as that Kingdom is now is no great Gift but I hope first to recover it and then to give it to you whole and intirely And for the Legal part of this I command you Mr. Recorder to wait upon me to see it punctually performed I will end as I began to desire you Mr. Recorder to give all the City thanks in better Expressions than I can make Though I must tell you it will be far short of that real contentment I find in my heart for this real and seasonable Demonstration of their Affections to me Sir Richard Gurney the L. Mayor and the Recorder Knighted His Majesty having ended this gracious Speech was pleased to confer the honour of Knighthood upon the Lord Mayor and Mr. Recorder with the City Sword and both their Majesties gave them as also the Aldermen City Council and Officers the honour of kissing their Royal hands This Ceremony being over His Majesty and the Prince alighted out of the Coach and took their Horses the Queen Duke of York Princess Mary Prince Elector and the Dutchess of Richmond still remaining in their Coaches In the mean time by the care and pains of the two Captains of the Companies and of the three Marshals that were appointed for this days Service the 500 Horse-men of the Liveries and their Attendants were brought in Order and the Command being given faced about in order to the conducting of their Majesties into London which brave appearance gave great satisfaction to His Majesty and the rest of that Illustrious Company The whole Cavalcade was Marshalled in this Order The City Marshall The Sheriffs Trumpeters The Sheriffs Men. Messengers of the Chamber Citizens in their Velvet Coats and Chains The City Councel and Officers The Aldermen The Princes Trumpeters The King's Trumpeters Gentlemen of the Privy Chamber Knight Marshal Pursivants at Arms. The Lord Chief Justice of the Common-Pleas being a Knight of the Privy Council Barons Lord Goring Lord Coventry Lord Fielding Lord Digby Lord Moubray Viscount Conway Heralds Earls Earl Rivers Earl of Bath Earl of Cumberland Earl of Essex L. Chamberlain of the King's House Duke of Richmond Clarencieux and Norroy Lord Keeper Lord Privy Seal Sergeants at Arms among whom one for the City Quirries and Foot-men The Prince's Highness Quirries and Foot-men Garter The Lord Mayor carrying the Cities Sword by His Majesties special appointment as a grace and favour at this time A Gentleman-Usher daily waiting Lord Great Chamberlain Marquess of Hertford bearing the Sword of State Earl Marshal The King's Majesty The Queens Majesty in her Coach richly Embroydered and with her the Duke of York the Princess Mary and the Prince Elector Marquess Hamilton Master of the Horse leading the Horse of State The Earl of Salisbury Captain of the Pensioners The Gentlemen Pensioners with their Pollaxes all mounted with Pistols at their Saddles The Earl of Holland Lord General beyond Trent and after him Viscount Grandison with many other principal Commanders in the late Northern Expedition After them divers Ladies and other Persons of Great Quality The Yeomen of the Guard In this Order they marched towards London and entred the City at Moor-gate where their Majesties were welcomed with a noise of Trumpets appointed to attend there to that purpose from which place to Bishops-gate and so through Corn-hill to St. Laurence Lane's End in Cheap-side the Companies in their Liveries stood on the left hand as their Majesties passed by the Rails of the Standings being covered with Blew Cloth and the Standings themselves being richly adorned with Banners Ensigns and Pendants of the Arms of each Company respectively Nine Companies of the Twelve standing in the Morning the Lord Mayor's Company beginning against St. Laurence Lane's End and the other Eight in their Order towards Bishops-gate the rest of the way to Moorgate being supplied by some of the inferiour Companies the outsides of the Houses all the Way their Majesties passed being adorned with rich Tapestries On the North side of the Street four Foot distant from the Houses were Rails placed to regulate and keep the People in good Order from Bishops-gate to Corn-hill and so to Temple-Bar at the beginning of which Rails viz. at Bishopsgate by the direction of the 2 Captains and 3 Marshals the first Horse-men of the Liveries began to make a Stand the first Rank of them placing themselves single faced to the Liveries that were in the Standings and the rest passing along placed themselves in the same Order The Trumpets and Pendants of each Company standing in the Front and then the Companies themselves the youngest being next to the Pendant and so upwards by Seniority to the Master of the Company who took his place last Then began the Pendant and Youngest of the next Company to make their Stand and so in Order till they came to St. Laurence Lane's End there being five Foot distance from one Horse to another in which space stood each Horse-man's Foot-man with a Truncheon in his hand so making a Guard for their Majesties and the rest of the Train to pass through And it fell out that most of the Companies of Horse were placed right against their own Companies in the Standings The People that were Spectators in the Streets were bestowed part behind the Horse and part behind the Liveries and by this good Order their Majesties and the whole Train passed quietly and without the least interruption Their Majesties coming along Corn-hill seven Trumpets that were in the Clock-house of the Royal Exchange gave their second welcom into the City and as they passed along the Conduit in Corn-hill and the great Conduit in Cheapside ran with Claret Wine to express the Liberality of the City for that Joyful Day And all the Way as their Majesties passed along the Streets resounded again with the Loud and Joyful Acclamations of the People crying God bless and long
live KING CHARLES and QVEEN MARY and their Majesties reciprocally and heartily Blessing and Thanking the People with all the Expressions of Satisfaction imaginable Being come to the End of St. Laurence Lane the Passage being narrow neither Horse nor Foot could be planted there so that only the Sheriffs Officers the City Counsel and Officers the Sheriffs Aldermen and the Lord Mayor conducted their Majesties and their Noble Retinue to Guild-Hall At their entrance there divers Honorable Lords and Ladies that had not given their attendance abroad presented themselves to his Majestie and attended Him and the Queen up to the New and Old Councel-Chambers which were appointed for their Repose till Dinner could be served up the Four Comptrollers for the Day and about 80 comely and grave Citizens in Foynes and Liveries standing and making a Lane on both sides their passage to whom their Majesties shewed gracious Respects the City Musick playing all the while to Entertain them during the time of their Repose As soon as their Majesties had a little reposed themselves Command was given to serve up Dinner the Place appointed for it was the Hustings at the East End of the Hall which was raised almost two Yards from the Ground the Floor being covered with Turky Carpets and all the Hall as all the other Rooms were hanged and adorned with rich Tapestry In the middle of the place where their Majesties Dined was hung up a Cloth of Estate and two Chairs of Estate were placed under it before which was a Table of 6 Yards long at the South End whereof at two Yards distance was a Table of Garnish 3 Yards square and at the North End was a Room Erected for Musick of all sorts for the Entertainment of their Majesties while they were at Dinner About 4 or 5 steps under the place prepared for their Majesties was a frame of Timber Erected and Floored with Deals a Yard from the Ground which Extended almost to the Hall Door upon each side whereof was a Table set from the upper to the lower end of it at these two Tables the Lords and Ladies that attended their Majesties were to Dine between which was a spacious Way left covered with Green Bayes whereon their Majesties were to pass where they should dine In the West part of the Hall below the Gate on the South side was a long Table placed for the Gentlemen Pensioners and in all other Rooms that were not for their Majesties Retirement Tables were likewise prepared for several sorts of their Majesties attendants Dinner was served up in this manner From their Majesties Table to the Dresser which was at the West End of the Hall stood the 80 Livery Men before mentioned in two Ranks about 2 yards distance from each other Face to Face one Rank of them receiving from the Dresser the King's Meat and the other the Prince's at one and the same time they never stirred from their places but delivered the several Dishes from one to another till it came to the Sewers who placed them upon the Table Their Majesties Table was furnished with four Courses the first consisting in 50 Dishes of Cold Meats as Brawn Fish and Cold baked Meats planted upon the Garnish or side Table the other three were of all sorts of Fish Fowl and Flesh to the Number of 120 Dishes of the Choicest Kinds that could be procured After which was served up a most Excellent and well ordered Banquet of all sorts of Sweet-meats and Confections wet and dry At the High Table Dined His Majesty his Royal Consort the Queen the Prince the Duke of York the Princess Mary and the Prince Elector Palatine in this Order The King sate under the Cloth of Estate and Her Majesty close to him on his left hand On his right hand about a yard distance sate the Prince and about the same distance from his Highness sate the Prince Elector At Her Majesties left hand about a yard distance was placed the Princess Mary and not far from her the Duke of York The Service for the Tables of the Lords and Ladies was thus ordered The Liveries before mentioned after the Meat was placed on the high Table served up Dinner to those Tables but in a different posture for whereas before they stood in two Ranks Face to Face they now turned Back to Back because the Dishes being served to both Tables together the one Rank of them might face to one Table and the other to the other To these two Tables were appointed 10 Messes consisting of 500 Dishes These two Tables being furnished care was taken for the rest of the Train that were thought fit to be entertained within the Hall who were all served so plentifully that not one person was heard to go discontented away A large Provision was made abroad for the Guard Footmen Coachmen and the like Their Majesties were extreamly pleased as well with the Excellent Management Sir John Pettus Knighted as the Plenty and Splendor of the Entertainment and Dinner being Ended the King sent for Mr. John Pettus a Gentleman of an Ancient Family in the County of Suffolk and bestowed the Honor of Knighthood upon him as a mark of his Favour to the Lord Mayor whose Daughter he had married Their Majesties having reposed themselves some little time after Dinner the Dayes being short command was given for their Departure and about Four of the Clock they drew up and in the same Order with which they were Conducted into the City they were also attended to White-Hall with this only difference that whereas in the Morning the Footmen carried Truncheons in their Hands they now went with lighted Torches or Flambeaux which gave so great a Light as that the Night seemed to be turned into Day As they passed along the Trumpets and City Musick were placed in several Parts Sounding and Playing which together with the continued joyful Acclamations of the People made the Streets ring again the Conduits in Cheapside and Fleet-street all the while running with Wine In their Passage by the South door of St. Paul's Cathedral the Quire with Sackbuts and Cornets sung an Anthem of praise to God with Prayers for their Majesties long Lives that his Majesty was extreamly pleased with it and gave them very particular Thanks as all the way of his Passage He used such Expressions of his high Contentment and Sense of the Affections of his People that there seemed to be a kind of Emulation between him and the City which should most express their kindness to each other The Citizens blessing and praying for their Majesties and their Royal Issue and their Majesties returning the same Blessings upon the Heads of the Citizens The King was in this manner amidst a thousand Prayers and Acclamations Conducted to his Palace at White-Hall where the Lord Major coming humbly to take his leave of his Majesty the King out of the abundance of his excellent good Disposition was graciously pleased to imbrace the Lord Major heartily thanking him
a full and just satisfaction for the same do hereby declare That this said Sum of 50000 l. lent for the Irish Affairs and the Sum of 50000 l. more lent by the said City unto the Peers attending His Majesty in the Northern Parts before the beginning of this present Parliament and such other Sums lent by the said City unto this Parliament which are not yet paid or otherwise secured shall be fully satisfied and repaid unto the said City of London with Interest after the rate of 8 l. per cent for a Year out of such Moneys as are or shall be raised by Authority of Parliament and for that purpose will Exhibit a Bill and become humble Suiters to His Majesty that the same may be passed with all Expedition Provided always that this present Declaration shall not be in any wise prejudicial to any Members of the said House of Commons who have formerly lent any Sums of Money to this Parliament nor to the Northern Counties nor to any persons whatsoever to whom the Houses of Parliament or the House of Commons have formerly Ordered the Payment of any Sums of Mony nor to any security given to them before the making of this Declaration Mr. The Commons Reasons for the Continuance of Guards Pym presents from the Committee the Reasons of both Houses of Parliament for the continuance of a Guard viz. 1. The great numbers of disorderly suspicious and desperate Persons especially of the Irish Nation lurking in obscurâ—â— Allies and Victualling Houses in the Suburbs and other places near London and Westminster 2. The Jealousie conceived upon the discovery of the Design in Scotland for the surprising of the Persons of divers of the Nobility Members of the Parliament there which had been spoken of here some few days before it broke out not without some whispering intimation that the like was intended against divers Persons of both Houses which found more Credit by reason of the former attempts of bringing up the Army to disturb and inforce this Parliament 3. The Conspiracy in Ireland managed with so much secresie that but for the happy discovery at Dublin it had been Executed in all parts of the Kingdom upon one and the same day or soon after and that some of the chief Conspirators did profess that the like course was intended in England and Scotland which being found in some degree true in Scotland seemed the more probable likewise to be done in England 4. Divers Advertisements from beyond the Seas which came over about the same Time that there would be a great alteration in Religion in England in a few days and that the necks of both the Parliaments should be broken 5. Divers Examinations of dangerous Speeches of some of the Popish and discontented party in this Kingdom 6. The secret Meetings and Consultations of the Papists in several Parts their frequent Devotions for the prosperity of some great Design in hand These several Considerations do move the Parliament to desire a Guard under the Command of the Earl of Essex and they do conceive there is just Cause to apprehend that there is some wicked and mischievous practice to interrupt the peaceable proceedings of the Parliament still in hand for preventing whereof it is fit the Guards should be still continued under the same Command or such other as they should chuse But to have it under the Command of any other not chosen by themselves they can by no means consent to and will rather run any hazard then admit of a Precedent so dangerous both to this and to future Parliaments And they humbly leave it to His Majesty to consider whether it will not be fit to suffer his High Court of Parliament to enjoy that Priviledge of providing for their own safety which was never denied other inferior Courts And that he will be pleased graciously to believe that they cannot think themselves safe under any Guard of which they shall not be assured that it will be as faithful in defending His Majesties safety as their own whereof they shall always be more careful then of their own Among all these Reasons here is not one word of Beal the Taylors Discovery of the 108 Men which for 40 s. apiece were to do such strange things it seems by this time they found it an incredible Story and it is very probable that if the other grounds of their fears did not proceed from their own Quiver yet if they had Examined them they would have found them as frivolous as that or the Scotch Design against Hamilton and Arguile which upon the strictest Scrutiny would not afford more proof then to make a noise about the Streets of Plots against the Parliament the better to incite the unruly Multitude to Tumults and Insurrections which they now began to raise again to cry out No Bishops and with unheard of Insolence to affront His Majesty and whoever was Loyal But the King having Ordered them a Guard of the Trained Bands they were so displeased not at the thing for they had made use of them before but at His Majesties appointing them that it was Ordered in the House of Commons That the Guard should be dismissed and without giving His Majesty an Account or presenting him with the Reasons above recited the very same day Mr. Glyn and Mr. Wheeler were Ordered to require the High Constable of Westminster to provide a strong and sufficient Watch in their stead But to make a little flourish of Loyalty and tenderness for the King's Honour and Reputation it was this day Ordered That a Declaration be drawn for clearing His Majesties honour from false Reports cast upon him by the Rebels in Ireland and a Provision to be made Order for a Declaration to clear the Kings Honor from the Scandals of the Irish Rebels that there may be no Conclusion of that War to the prejudice of this Kingdom There might be malice even in this seeming kindness for whilst they pretended to vindicate His Majesties Honour they divulged the Scandal to the whole Nation and by their subsequent Actions and Declarations which within a little while after they published to improve the belief of that Scandal one would think they intended to prepare the way for it by this plausible pretence of a Vindication And most certainly they could intend him no real Reparation when themselves were this Day resolved to defame his Government from the very beginning of his Reign by that Scandalous Remonstrance of the State of the Kingdom for this very Day Mr. Pym Sir Symon D'Ewes The Names of the Committee who were appointed to deliver the Remonstrance Sir Arthur Ingram Sir John Thyn Sir Henry Bellasis Lord Gray Sir Christopher Wray Lord Fairfax Sir Ralph Hopton Sir Richard Winn Sir John Corbet Sir Edward Deering and Sir Arthur Haslerig were Ordered to wait upon his Majesty what time he appoints with the Petition and Declaration and indeed all their Actions seemed to carry Fire in one Hand and
and Burdensom and must be cried out upon as great and insupportable Grievances yea though the things in themselves be never so indifferent of never so long continuance in Use and Practice and never so much desired and affected by others so that where three or four of them be in a Parish though 500 others desire the use and continuance of things long used all must be altered or taken away as Scandals and Grievances for these three or four though to the Offence of many others and what ever they will have introduced must be imposed upon all others and must by all be admitted without Scandal or Offence whereby multitudes of Godly People and well affected are in some things deprived or abridged of what they desire and take comfort in and have had so long and lawful Use and Practise of and other things imposed upon them against their Wills and Liking as if no account were to be made of them or no Liberty of Conscience left unto them Which bold Attempts of some few to arrogate to themselves and to exercise over all others what high Presumptionis it and how great a T yranny may it prove over the Minds and Consciences of Men The great increase of late of Schismaticks and Sectaries and of Persons not only separating and sequestring themselves from the Publick Assembly at Common Prayers and Divine Service but also opposing and tumultuously interrupting others in the performance thereof in the Publick Congregation the frequent and many Conventicles held amongst them and their often Meetings at all publick Conventions of Assizes Sessions Fairs Markets and other publick Assemblies their earnest labouring to sollicit and draw the People to them and the general Correspondence held among them to advance their Ends herein Of these things we cannot but take Notice and must needs express our just Fears that their Desires and Endeavors are to work some great Change and Mutation in the present State of the Church Government and in the Form of the Publick Worship of God and Divine Service and Common Prayers Of the common Grievances of the Kingdom we as others have been and are sensible and do profess that we have just Cause with Joy and Comfort to remember and with thankfulness to acknowledg the pious Care which is already taken for the Suppressing of the Growth of Popery the better supply of able and painful Ministers and the removing of all Innovations and we doubt not but in your great Wisdoms you will regulate the Rigor and Exorbitancy of the Ecclesiastical Courts to suit with the Temper of our Common Laws and the Nature and Condition of Freemen and we hope and humbly Pray that the present Form of Church Government and of Church Service and Common Prayers now Established by the Statutes of this Kingdom shall be setled and that all such as shall oppose themselves against the same or shall do or speak any thing in derogation or depraving of the said Divine Service or Book of Common Prayer may without any further Tolleration or Connivence undergo the Pains Punishment and Forfeitures due therefore and that such Care shall be taken for placing of Orthodox and Peaceable Men Lecturers in all Places whose Doctrine may tend rather to sound Instructions and Edification than lead to Schism and Faction All which We humbly Submit to your great Judgments and shall pray to God to assist and direct you from above with his heavenly Wisdom to guide and bring all your Consultations to happy Conclusions In the Commons House the Message concerning the Priests was delivered by Sir John Culpeper A Committee was appointed to prepare an Order to be presented to the House of Lords whereby the Commissioners for the Treasury may be enjoyned not to dispose of the Money received or to be received upon the Bill of Tonnage and Poundage till provision be made out of the same for the defence of the Narrow Sea Thus did they by the late Bill of Tonnage and Poundage make such a Present to His Majesty as the Biscainers do to the King of Spain when he comes into that Province who present him with a Bag of Money upon the Top of a Lance but withal inform him that he must not meddle with it The Committee which was appointed to draw up the Instructions for the Commissioners to Treat with the Scottish Lords were also Ordered To prepare Heads for a Conference with Reasons to be delivered to the Lords to induce them to joyn with this House to move His Majesty to declare that a Toleration of Religion may not be granted to the Rebels in Ireland nor in any of His Majesties Dominions This was another of those invidious Insinuations by which under a pretence of great Zeal to the Protestant Religion they did not only secretly Calumniate His Majesty as a favourer of Popery but by putting the Rebels out of all hopes of Liberty or Connivence for their Religion was one of the things which contributed to render them more desperate and to drive on the Rebellion to the utmost Extremity Thursday Decemb. 9. Message of Commons to the Lords concerning Instructions to treat with Scots for Ireland Lords Resolution upon it to acquaint the King A Message was this day brought from the House of Commons by Mr. Pym to let their Lordships know That the Commons do agree to the Addition which their Lordships made to the Instructions sent down to them Yesterday and they desire this Addition and those Instructions brought up Yesterday from the House of Commons may be annexed to the Commission Upon this the House of Lords agreed That all the Instructions shall be presented to the King and to this purpose the Earl of Bedford and the Lord Howard of Escrick were appointed presently to attend the King with them for his approbation The Earl of Bedford Returning Reported The King approves them That he had acquainted the King with the Instructions to be given to the Commissioners of both Houses who are to Treat with the Scots Commissioners and that the King after he had read them approved of them and said He would send by His Secretary to the Lord Keeper with Directions that they may be annexed to the Commission After which it was Ordered Committee for Scandalous Pamphlets revived That the Committee appointed to consider of the Printing of unlawful Books and Pamphlets shall meet on Monday next at Eleven of the Clock and that the Lord Privy Seal Lord Wharton and Lord Bruce be added to the said Committee for Printing It was this day Ordered That James Watts License to several Persons to raise Recruits for the English Captains in the Dutch Service Ensign unto the Company of Captain Francis Gregory shall have Power by Virtue of this Order to Entertain and Transport into the Low Countries for the Service of the States of Holland the number of 300 Men by way of Recruits according to former Liberty granted by His Majesty for the supplying of the said
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
they do with all dutiful Reverence to Your most Excellent Majesty declare That it is their Ancient and Vndoubted Right that Your Majesty ought not to take notice of any matter in Agitation and Debate in either Houses of Parliament but by their information and agreement And that Your Majesty ought not to propound any Condition Provision or Limitation to any Bill or Act in Debate or preparation in either Houses of Parliament or to manifest or declare your consent or dissent approbation or dislike of the same before it be presented to Your Majesty in due course of Parliament And that every particular Member of either House hath free liberty of Speech to propound or debate any matter according to the order and course of Parliament And that Your Majesty ought not to conceive displeasure against any Man for such Opinions and Propositions as shall be delivered in such debate it belonging to the several Houses of Parliament respectively to judge and determine such Errors and Offences in Words or Actions as shall be committed by any their Members in the handling or debating any matters depending They do further declare That all the Priviledges above-mentioned have been lately broken to the great sorrow and grievance of your most humble and faithful Subjects in that Speech which Your Majesty made in Parliament to both Houses upon Tuesday last the 14th of this present Month of December in that Your Majesty did therein take notice of a Bill for impressing of Soldiers being in Agitation in the said Houses and not agreed upon And that Your Majesty did therein offer a Salvo Jure or provisional Clause to be added to that Bill before it was presented to Your Majesty by the Consent of both Houses and did at the same time declare Your displeasure against such Persons as had moved some Doubt or Question concerning the same Bill All which they do affirm and declare to be against the Ancient Lawful and Vndoubted Priviledges and Liberties of Parliament And therefore they most humbly beseech Your Majesty by Your Royal Power and Authority to maintain and protect them in these and all other the Priviledges of Your High Court of Parliament that You will not for the time to come break or interrupt the same And that none of Your Loyal Subjects may suffer or sustain any prejudice in Your Majesties favour or good opinion for any thing done or spoken in Parliament And for the reparation of Your Loyal Subjects in this their just Grievance and Complaint for the Breaches of their Priviledges above-mentioned and prevention of the like for the time to come That Your Majesty will be pleased to declare and make known the Name or Names of the Person or Persons by whose mis-information and evil Counsel Your Majesty was induced to the same that so he or they may receive such condigne punishment as shall appertain to Justice in that behalf And this they most humbly desire and as Your greatest and most faithful Councel shall advise Your Majesty to perform as that which will be not only a comfort to themselves but likewise a great advantage to Your Majesty by procuring and confirming such a Confidence and Vnity betwixt Your Majesty and Your People as may be a foundation of Honour Safety and Happiness to Your Person and Throne as they stand bound always to pray for and endeavour Which being done it was Resolved upon the Question That this Petition and Remonstrance now read shall be presented to the King and these Lords following were appointed to go along with such Members as the House of Commons should appoint to attend the King accordingly Viz. Arch-Bishop of York Lord Steward Earl Marshal Lord Admiral Earl of Bath Earl of Dorset Earl of Cambridge Earl of Bristol Earl of Holland Lord Wharton The Commons appointed the same Committee for this Service which are before named to whom were added Sir Henry Vane Senior Mr. Lisle Sir Ralph Hopton Lord Crompton Lord Buckhurst Mr. Jones Sir Edward Patherich Mr. Palmer Sir Rich. Buller Sir Sam. Oldfield Sir Simon D'Ewes Mr. Cary Sir Jo. Culpeper Sir Rob. Harley Sir John Clotworthy The Lord Steward and the Earl of Holland were appointed presently to attend the King To know what time he will please to appoint the Select Committees of both Houses may wait upon him for this purpose To which the Lord Steward brought Answer That the King appoints to morrow at two of the Clock at White-Hall In the Commons House Orders to the Mayor of Berwick Hull and New-Castle to take care of those Places after the Reading and Voting of the Protestation Petition and Declaration It was Ordered That Mr. Speaker do write his Letters to the Mayor of Berwick enjoyning him to require such Papists and suspected Persons as reside in Berwick or make their Constant repair thither forthwith to depart the Town and such as shall refuse to tender the Oaths of Supremacy and Allegiance unto them and to proceed against them according to Law And to require him that a Guard be kept at the several Gates of that Town and that the Arms of that place be in readiness And Mr. Speaker is likewise to write to the Mayor of Newcastle and to the Mayor of Hull requiring them to have a special Care in the disarming of Recusants and injoining them to depart those places and such as shall refuse to tender unto them the Oaths of Supremacy and Allegiance and to proceed against them according to Law and to have the Arms of those Towns in a Readiness and good Condition for the defence of these Places especially the Mayor of Hull to provide well for the safety of the Magazine there And that Sir Robert Harley and Mr. Littleton do repair to the Lord Keeper and to desire him to issue out Commissions to the Mayors of Berwick Hull and Newcastle enabling them to tender the Oaths of Supremacy and Allegiance to Papists and suspected Persons After which it was Resolved upon the Question Sir James Douglas to be sent for as a Delinquent That Sir James Douglass shall be sent for as a Delinquent by the Serjeant at Arms attending the House A Petition of the Knights and Gentlemen of the County of Hertford on the behalf of themselves and divers others was this day read and it was Ordered That the same shall be taken into Consideration on Saturday next and also at the same time to Debate such other Matters as shall be necessary for the defence of the Kingdom and of putting the Kingdom into a Posture of Defence And Mr. Speaker is to put the House in mind of this Order I have not been able to recover this Petition but it is easie by the Order that treads upon the Heels of it to know that the Matter was putting the Bishops out and the Kingdom into a Posture of Defence which Two Topicks were by the indefatigable Emissaries of the Faction laboured for night and day To say the truth they were the most industrious
this Kingdom and as yet nothing in their Doctrine generally taught dissonant from the Word of God or the Articles ratified by Law In this Case to call their Government a perpetual Vassallage an intollerable Bondage and prima facie inauditâ alterâ parte to pray the present removal of them or as in some of their Petitions to seek the utter Dissolution and Ruin of their Offices as Anti-Christian We cannot conceive to relish of Justice or Charity nor can We joyn with them But on the contrary when We consider the Tenor of such Writings as in the name of Petitions are spread among the Common People the Tenents Preached Publickly in Pulpits and the Contents of many Printed Pamphlets swarming among us all of them dangerously exciting a disobedience to the Established Form of Government and their several intimations of the desire of the Power of the Keys and that their Congregations may Execute Ecclesiastical Censures within themselves We cannot but express our just Fears that their desire is to introduce an absolute Innovation of Presbyterial Government whereby We who are now governed by the Canon and Civil Laws dispensed by Twenty six Ordinaries easily responsible to Parliaments for any deviation from the Rule of the Law conceive we should become exposed to the meer Arbitrary Government of a numerous Presbytery who together with their Ruling Elders will arise to near forty thousand Church Governors and with their adherents must needs bear so great a sway in the Common-wealth that if future inconvenience shall be found in that Government we humbly offer to consideration how these shall be reducible by Parliaments how consistent with Monarchy and how dangerously conducible to Anarchy which We have just cause to pray against as fearing the Consequences would prove the utter loss of Learning and Laws which must necessarily produce an Extermination of Nobility Gentry and Order if not of Religion With what vehemency of Spirit these things are prosecuted and how plausible such Popular Infusions spread as incline to a Parity we held it our Duty to represent to this Honourable Assembly and humbly pray That some such present Course be taken as in your Wisdoms shall be thought fit to suppress the future dispersing of such dangerous discontents among the Common People We having great Cause to fear That of all the Distempers that at present threaten the welfare of this State there is none more worthy the mature and grave Consideration of this Honourable Assembly then to stop the Torrent of such Spirits before they swell beyond the bound of Government Then We doubt not but His Majesty persevering in his gracious Inclination to hear the Complaints and relieve the Grievances of his Subjects in frequent Parliaments it will so Vnite the Head and the Body so indissolubly Cement the Affections of his People to our Royal Soveraign that without any other Change of Government He can never want Revenue nor Wee Justice We have presumed to annex a Copy of a Petition or Libel dispersed and certain positions Preacht in this County which We conceive imply Matter of a dangerous Consequence to the Peace both of Church and State All which We humbly submit to your great Judgments Praying they may be read And shall ever Pray c. Subscribed to this Petition Four Noblemen Knights Baronets Knights and Esquires fourscore and odd Divines threescore and ten Gentlemen three hundred and odd Free-Holders and other Inhabitants above six thousand All of the same County It was this Day moved E. of Salisbury hath leave to follow some Business in the Commons House That the Earl of Salisbury having some business depending in the House of Commons and his Lordship desires being a Peer he may have leave of this House to follow it which the House Granted Then the Lords Commissioners Reported That this Morning they met with the Scots Commissioners who delivered them this Paper following with a desire that they might have a speedy Answer therein for that they are to send Letters away presently to Scotland The Paper was this It is now 20 Daies since We came hither A Scottish Paper complaining of Delayes in the Treaty for Relief for Ireland and a Forthnight since We begun this Treaty and there is no one of our Propositions answered therefore lest those that sent us and expected an Answer from us against the 8th of this Month should impute it to us we earnestly desire and expect an Answer to our Propositions given that we may give in the rest and be at a point this Day or to morrow and in Case of further Delay we demand that since the 8th of this Month at which time we should have sent Answer into Scotland to the end of the Treaty we may have Entertainment for the 2500 Men we have kept up for this Service otherwise we must send into Scotland that they may be disbanded A Message was brought from the House of Commons by Mr. Hollis A Message to the Lords by Mr. Hollis to press them to expedite the Affairs of Ireland to desire a Conference by a Committee of both Houses touching the Declaration the Propositions from the Scots the Bill for pressing of Soldiers for Ireland without which they say Men cannot be raised for that Service And further he said That the House of Commons do make this Declaration that they have done what they can to further the Relieving of the miserable and distressed Estate of the Protestants in Ireland and they do clear themselves of the Blood and Miseries which will follow if Expedition be not done speedily to those means that may relieve them To which their Lordships answered That they would give a present Meeting touching the 2 first Propositions and will consider of the rest and expedite them with all speed Next a Letter was read from Sir John Temple at Dublin The contents of Sir John Temple's Letter from Ireland to the Lord Lieutenant of Ireland the principal Matters of which were That Succors come so slowly out of England That the whole State of Ireland suffers and the Kingdom is likely to be lost by the slow Proceedings of sending over Men Arms and Money That the Lords of the Pale refuse to come to the Council That the Rebels are in a Body within 6 Miles of Dublin and that the Lords Gormanston Slane and Lowth have Correspondency with the Rebels That Provisions will be cut off from them at Dublin therefore they desire speedy Succors from England After which the King 's Answer to the Petition and Remonstrance was read as followeth My Lords and Gentlemen IN answer to your Petition concerning Our Speech to the two Houses of Parliament the 14th of December The King's Answer to the petition concerning breach of Privilege by his Speech First We do declare That We had no Thought or Intention of breaking the Privileges of Parliament neither are We satisfied That Our being informed of any Bill transmitted by the House of Commons to
the deep Sense they have of the Calamities incumbent on that and in danger to fall on this Kingdom with all Humility crave leave to present most humbly desiring that in pursuance of the Zeal and Fervency already shewn to the Glory and Worship of God to the Honor and Renown of his most Excellent Majesty both which are now strongly assaulted and push't at and out of the Tender Commisseration already Expressed for Relief of that bleeding Kingdom That this Honorable Assembly will represent such prevalent Arguments unto his Sacred Majesty and the House of Peers That the 10000 Men tendred by the Kingdom of Scotland and accepted of by this Honorable Assembly may be speedily Ordered to resort into Ulster not but that We do desire there may be as great a Proportion of Soldiers sent out of this Kingdom as soon as they can be prepared if so it may please his Majesty and both Houses of Parliament the Contagion of the Rebellion in Ireland having spread it self over so many other Parts of the Kingdom and yet daily more and more increasing as will require the service of those who shall be sent out of England for the Subdual of the Rebels and Comfort of his Majesties good Subjects in the other Provinces But for asmuch as your Petitioners many of them whose whole Estates and some of their Wives Children and nearest Kindred or Friends are already in the Hands and Possession of those Barbarous Bloody Rebels of Ulster and that they have more than ordinary Cause to fear That the remaining Protestant Party together with the important Towns of Carrickfergus London-Derry and Colerain being the chiefest Bullworks and Fortresses of that Province may for want of speediest Relief be surprized and destroyed and by that means the rest of the Kingdom Extreamly indangered to the irreparable dammage and discomfort of his Majesty and all his Good and Loyal Subjects of all his Dominions Therefore your Petitioners do most instantly supplicate this Honorable Assembly to endeavour the hastening thither with all possible Expedition the 10000 Men out of Scotland whose Assistance being within Three hours Sail may be soonest conveyed and whose Constitutions will notably match with the Rebels being well able as many of these Petitioners have known by former Experience to follow them through the Boggs and Moorish places frequent in those Parts during this Winter Season which other Supplies may not be so fit for at present This Number added to those Raised and to be raised in those Parts through Gods Blessing may soon Check those Insolencies and contribute much for reducing that Kingdome to due Obedience and yield unspeakable Comfort and Relief to many Thousand disconsolate bleeding Protestant Souls who have long languished in Expectation of Aid from that and this Kingdom the longer retarding whereof will carry loud Cries to Heaven against those who cause the same And your Petitioners shall pray c. A. Loftus Ro. Digby Tho. Foliot Hen. Blaney Fr. Mountnorris Cromwell Edward Loftus Arthur Jones Geo. Blundel Robert King Jo. Clotworthy Faith Fortescue Joh. Moor Arthur Annesley Rob. Packhurst Ra. Walles Tho. Fortescue Ro. Whistler Nicholas Loftus Rich. Fitz-Gerrard Rich. Perkins Jo. Davis After the Reading of this Petition Inego Jones Esquire The Answer of Inego Jones to the Complaint of the Commons Surveyor of his Majesties Works put in his answer to the Declaration of the Commons in behalf of the Parishioners of St. Gregories London At which day the said Inego Jones Esquire appeared before the Lords in Parliament and being demanded what he could say in Answer to the Declaration brought up from the House of Commons against him He the said Inego Jones for Answer thereunto saith That he is not Guilty of the Offence charged in the said Declaration in such manner and Form as therein is Expressed Whereupon Friday Fortnight was ordered for the day of hearing the Cause It was also Ordered That the Lord Visâ—â—nt Loftus Ro. Lord Digby Lord Foliot Lo. Docura Lo. Blany Lord Mountnorris Sir Faithful Fortescue Sir Robert King Edw. Loftus Nich. Loftus Arthur Jones Geo. Blundel John Moor Arthur Annesley Ro. Whistler Jo. Davis Richard Fitzgerrard and Rich. Perkins do attend the Lords Committees for Irish Affairs to morrow at 9. of the Clock in the Painted Chamber who are to hear what Reasons they can give concerning the putting off the Parliament of Ireland After which the Lord Keeper reported the Effect of the Conference and an Answer to their Lordships Two Propositions offered to the House of Commons this day A Smart Answer of the Commons to the 2 Propositions of the Lords forsending 10000 English as well as 10000 Scots into Ireland 1. For the Certainty which their Lordships desire of sending 10000 English into Ireland the House of Commons say That they were not Vsed to be Capitulated withall their Actions are free as well without Conditions as Capitulations and the House of Commons desire it may be so no more 2ly The House of Commons think they have given sufficient certainty already having formerly Voted the sending of 10000 English into Ireland and transmitted the same to their Lordships and likewise sent the same into Ireland therefore they think it not necessary to Vote it again but do desire their Lordships would Vote the sending of 10000 Scots to Ireland by it self without any Relation to the 10000 English and that speedily the Safety of Ireland depending upon it Further the House of Commons do desire their Lordships to do it in regard they conceive the 10000 English can not go unless the Bill for pressing passes This last Clause easily unriddles all the rest they had a Design to clip the Prerogative by that Bill and to put the issue of passing or not passing it upon this popular Theme of the Tragical necessity of Ireland when if they would have raised Mony there would not have wanted 10000 English Soldiers without pressing for that Expedition or any other the Genius of the Nation having ever been Martial and rather too forward to run into Arms then otherwise at the Beat of the Drum The House of Lords was immediately then resolved into a Committee of the whole House to debate this Conference Votes of the Lords for 10000 English 10000 Scots for Ireland and the House being resumed It was Resolved Nemine contradicente That 10000 English shall be sent into Ireland Resolved upon the Question That 10000 Scots shall be sent into Ireland upon such Conditions as shall be agreed upon by the Parliament of England Ordered That the Lords Commissioners do acquaint the Scots Commissioners with the aforesaid Votes and to let them know That this House hath entred into Consideration of their Propositions and will give them an Answer herein with all Expedition It was also Ordered That the Committee for keeping of a good Correspondency between both Houses shall meet on Friday Morning to take into Consideration this last Message brought up from the House of Commons
will discourage Merchants and Strangers from bringing in their Bullion into the Mint 2. The House of Commons say That Colonel Lunsford is a Man of a desperate Condition he having been formerly Censured in the Star-Chamber for lying in Wait and besetting Sir Thomas Pelham Knight as he came in his Coach upon a Sunday from Church and did discharge two Pistols into the Coach Also being challenged into the Field by one Captain Buller upon some injury offered to him by the said Colonel Lunsford Colonel Lunsford refused to Answer him but sent him word he would cut his Throat and would meet him with a Pistol and put out his other Eye 3. The House of Commons say That they are informed that Colonel Lunsford is not right in his Religion for they understand that when he was a Commander in the North in the Kings Army he did not go to Church though he was desired The House of Commons conceiving this business concerns the safety of the King City and Kingdom they desire their Lordships would be pleased to joyn with the House of Commons to Remonstrate these things to the King and to desire him that a Place of such importance may not be put into the hands of such a Man as Colonel Lunsford but that if His Majesty think Cause that there should be a Lieutenant of the Tower being under the Command of such an Honorable Person as the Earl of Newport who is Constable thereof by His Majesties appointment that Sir John Conyers may be recommended to his Majesty for that Place After a long Debate of this Conference The Lords refuse to joyn with the Commons to move the King to displace Lunsford the Question was put Whether this House shall joyn with the House of Commons in the whole Matter of this Conference And it was Resolved Negatively The first thing that was done in the Commons House this day was an Order That Mr. Calamy and Mr. Marshal shall be desired to Print their Sermons they yesterday Preach'd at St. Margarets Westminster at the intreaty of this House and Sir Arthur Ingram and Sir Tho. Barrington are desired to return them Thanks from this House Thanks of the House and a Plate of 20 l. apiece Ordered Calamy and Marshal and to print their Fast Sermons and it was likewise Ordered That they shall have a Piece of Plate of 20 l. a piece given unto them and Sir Arthur Ingram and Sir Thomas Barrington are to think of some convenient Course for raising the said Monies Then the Kings Answer to the Petition of the first of December was read and referred to the Committee that prepared that Petition to frame an Answer unto it and present it to the House and to meet this Afternoon at Four of the Clock in the Inner Court of Wards It was also Ordered That the Gentlemen that serve for the City and Mr. Tompkins Mr. Martin and Mr. Peard shall inquire in what hands the Tower of London now is From which is plain from what Quarter of the World the Petition against Lunsford came Captain Leg was also this day Ordered to be Bailed Then the Petition of the Apprentices and others whose times are lately Expired in and about the City of London was read and the Parties that preferred this Petition were called in and Mr. Speaker told them That this House doth approve of the manner of the delivery of their Petition and the Interruptions complain'd of they will consider of when proofs shall be produced they will likewise consider of the desires of their Petition when the great Affairs of this House shall permit And their Complaints were referred to the Committee appointed to consider of the Interruptions in preferring the Petition from the City of London All the World was now run into one Trade and that was Statemending and Church-modelling in which matters the Godly and Well-affected have ever had in their own opinion such a peculiar Gift that every little Blew-Apron-Boy behind the Compter undertakes as boldly as if he had served an Apprenticeship at the Council-Board and because Posterity shall be satisfied this is no abuse I here present the Reader with these Indenture-mens Petition as I find it among the Prints of the Time for they had the vanity after having presented it to think it would turn to account to Print and Publish it too to help Trading and procure Custom This Petition which by these young Reformers was addressed to the King but presented to the Commons with a multitude of Names who could not write and by consequence neither read nor understand Common Sense was as followeth The Apprentices Petition WHereas we of the lowest members of the City and Kingdom touched with the common Sense of all good Subjects do by Experience find both by our own and our Masters Tradings the beginning of great Mischief coming upon us to nip us in the bud when we are first entring into the World the Cause of which we can attribute to no others but to the Papists and Prelates and that Malignant Party which adheres unto them And where as by the late Protestation we stand solemnly ingaged in the presence of Almighty God by all lawful means with the utmost of our Lives Power and Estates to defend your Sacred Majesty and Royal Issue with the Rights and Liberties of Parliaments and all your Majesties Subjects against Papists and Popish Innovators such as Arch-Bishops Bishops and their dependants appear to be the Extirpation of which Government Root and Branch by several Petitions from this City and many parts of this Kingdom have been humbly desired We hold it our bounden Duty after long Expectation of due and just Proceedings against the forenamed Papists and Popish Innovators now at the last to become most humble Suitors to your Majesty in this present Parliament that you would please to take Notice that notwithstanding the much unwearied pains and industry of the House of Commons to subdue Papistry and Popish Innovators neither Popery is subdued nor Prelates are yet removed whereby many have taken great incouragement desperately to Plot against the Peace and Safety of this and other your Majesties Dominions Witness the most barbarous and inhumane Cruelties perpetrated by the Papists now in Ireland From whence ariseth in us a new Spring of fears and jealousies what the Issue of these things may be in this your Kingdom of England also without a speedy and timely prevention of the same In hope therefore of your Majesties willing readiness by the advice of this Honourable Court of Parliament to provide for our present Relief and Safety We Humbly Supplicate that the Popish Lords and other eminent and dangerous Papists in all parts of this Kingdom may be narrowly look'd unto and secured the Laws against Priests and Jesuits fully Executed the Prelacy Rooted out that so the work of Reformation may be prosperously carried on our distracting fears removed the weighty Affairs of the Kingdom settled and consequently God may
delight in the present and succeeding Ages to dwell in this Land the freedom of Commerce and Trade may pass on more chearfully for the incouragement of your Petitioners and that the flourishing and peaceable Reign of your Majesty may be long continued and increased among us For all which your Petitioners shall ever Earnestly Pray c. James Freshwater John Page Henry Crewkern John Caudry Thomas Clement Will. Bently with a number of Markes and Names Mr. Quelch a Minister of St. Bennet Grace-Church sent for as a Delinquent A Petition of the Inhabitants of St. Bennets Grace-Church against Mr. Quelch their Minister was read whereupon it was Resolved c. That Mr. William Quelch be forthwith sent for as a Delinquent by the Serjeant at Arms attending the House And the Petition was referred to the Committee for Scandalous Ministers The City Petition of which before was also read ut supra in the Proceedings in the Lords House Friday Decemb. 24. This Day a Petition from some Citizens of London was presented to the House of Lords which was read in their presence viz. To the Right Honourable the Lords Assembled in this present Parliament The Humble Petition of divers Citizens Merchants and others of London Trading in the Realm of Ireland Sheweth unto your Lordships THat your Petitioners on the behalf of themselves The Petition of several Merchants to the Lords concerning Ireland and other Merchants Shop-Keepers and others Trading into the Realm of Ireland whose Estates to the value of above a Million of Money lie involved in the desperate Condition of that Kingdom as also on the behalf of the whole Protestant Party of that People reduced to unspeakable Extremity in their Lives and Fortunes as by our daily Letters from thence we are informed to our great Grief We most humbly beseech your Lordships That you will be pleased to consider the Sad Condition of them and us in our respective Interests and lay aside all things that may trouble the Way to the Relief of that Wretched State which without Speedy and Effectual Assistance will not be able to serve his Majesty in the resistance of the Rebels there nor shall we be able in our several Degrees and Conditions to do his Majesty your Lordships and the whole Realm that Service in our ready Compliance with the Great Affairs of this Kingdom as we should and would most willingly perform to the uttermost of our Abilities This My Lords we most humbly offer to your Lordships as a Consideration whereupon that Kingdom depends besides many Thousands depending upon us the Petitioners in our Trades that are here Equally concerned with them of Ireland in our Livelihoods And do beseech your Lordships in the End after the Long Suffering of that Vnfortunate Nation our long Expectation and the Wonder of all Neighbouring States occasioned by a Long and as we humbly conceive an Vnseasonable delay whilest the Life Liberties and Interests of the Protestants of that Kingdom are daily invaded and destroyed you will now give an instant dispatch for the Relief of that Miserable Realm and People And your Petitioners shall ever pray c. Signed Gilbert Harrison William Green Richard Whitaker John Stone Tho. Stone Edw. Claxton cum multis aliis The House taking the Petition into Consideration the Petitioners were called in and the Lord Keeper by direction of the House told them That their Lordships were taking into their Consideration and Care the Necessity and Affairs of Ireland and will use all Expedition therein and will take their Petition into Consideration Then a Message was brought up from the Commons by the Lord Gray of Ruthen To desire their Lordships to joyn with them to Petition the King for a Monthly Fast throughout the Kingdom during the Troubles of Ireland and for a Proclamation to that Effect 2. To Expedite the Answer to the Conference last Night concerning the Business of the Tower which is a Matter of great Importance The Answer was That this House joyns with the House of Commons in the first of this Message but concerning the matter of the late Conference concerning the Lieutenant of the Tower this House hath not thought fit to joyn with the House of Commons therein A Message was brought from the House of Commons by the Lord Herbert who brought up 3. Bills which had passed the Commons 3 Bills passed the House of Commons brought up to the Lords Intituled 1. An Act to restrain Barge-men 1. For the Lords day Lighter-men and others from labouring and working on the Lords Day commonly called Sunday 2. An Act for the better raising and levying of Marriners Sailors 2. For pressing Marriners c. and others for the present Guarding of the Seas and necessary Defence of the Realm and other his Majesties Dominions 3. An Act for the settling by Fitzwilliams Conningsby Esq 3. Fitzwilliams Coningsby's Bill a Rent-Charge of 200 l. per annum upon an Hospital in the Suburbs of the City of Hereford called Conningsbie's Company of Old Servitors c. and for the Settlement of Lands and Tenements for the payment of his Debts and raising of Portions for his Younger Children and for a new Joynture for his Wife and a New Settlement of his Estate The Lords then fell upon the Consideration of the 6. Resolution of the Lords upon the 6 Propositions of the Scots Commissioners Propositions of the Scots Commissioners To the First Resolved c. That 10000 Scots shall be sent into Ireland upon such Conditions as shall be agreed upon by the Parliament To the Second This House agrees with the House of Commons therein To the Third The House agrees unto it thus That there shall be delivered unto the Scots 5000 Arms within a short time after their carrying their Arms out of Scotland and 5000 Arms more within 5 or 6 Months consisting of Pikes Muskets and Swords which is conceived are the Arms they will convey out of Scotland into Ireland To the Fourth Agreed That some Ships of War shall be sent to secure the Transporting of the Scots into Ireland but because it will be some time before our Ships can come thither the Commissioners are to Treat with the Scots Commissioners either to Transport their Men without Ships of War or else to imploy some of their own Ships until ours can come and they shall be paid for the same To the Fifth This House agrees with the House of Commons and refers it to the English Commissioners to Treat about a smaller Number of Horse To the Sixth This House agrees with the House of Commons therein A Conference was had with the Commons L. Keeper reports Conference about the Tower and Lunsford which was thus Reported by the Lord Keeper That the House of Commons greatly desired That both Houses might have joyned together in an humble Petition to his Majesty for removing of Col. Lunsford from being Lieutenant of the Tower of London The House of Commons say
They find ill Consequences already by his being Lieutenant for Merchants have already withdrawn their Bullion out of the Mint and Strangers which have Ships lately come with great store of Bullion do forbear to bring it into the Mint because he is Lieutenant of the Tower and by this Means Money will be scarce to come by which will be prejudicial and obstructive to the pressing Affairs of Ireland The House of Commons took it much to Heart that their Lordships did not joyn with them to Petition his Majesty Hereupon they have made a Declaration for themselves and desired That the same may be entred into the Journal Book of this House as they have done the like in their House Which was read in these Words WE the Knights The Declaration of the Commons concerning the Tower Citizens and Burgesses of the Commons House of Parliament being very sensible of the great and emminent Danger of the Kingdom through the Designs of the Papists and other Persons disaffected to the Publick Peace and finding by frequent and emminet Symptomes that the same groweth very near to maturity amongst which We reckon this not to be the least that the Tower being a Place of such Importance to the safety of the City and of the whole Kingdom should be put into the Hands of a Man so unworthy and of so dangerous a Disposition as by divers Testimonies Colonel Lunsford is affirmed to be which caused Us yesterday upon the Petition of the Citizens of London to desire your Lordships to joyn with us in an humble Suit to his Majesty that a Place of that great Consequence might not be disposed in such a manner as to hazzard the Safety Peace and Content of the City and of the whole Kingdom and perceiving that your Lordships have refused to joyn with us in so important and necessary Request do hereby declare before God and the whole Kingdom that from the beginning of this Parliament we have done our uttermost to preserve the State from Ruine and having through God's Blessing prevailed so far that the Design of the Irish Army of Papists the other Designs of bringing up the English Army several times attempted a former Plot of Possessing the Tower without which Treason could not be so mischievous to the State were all prevented although strongly bent to the Destruction of Religion the Parliament and the Common-Wealth do now find themselves incountred with as great Difficulty as ever the Papists Rebellion in Ireland giving such Encouragement to the Malignant Party here that they likewise receiving such advantage by the Delays and Interruptions which we have received in the House of Peers as we conceive by the great number of Bishops and Papists notoriously disaffected to the Common Good And do therefore hold our Selves bound in Conscience to declare and protest that we are Innocent of the Blood which is like to be spilt and of the Confusions which may overwhelm this State if this Person be continued in his Charge and do intend to resort to his Majesty in an humble Petition that he will be pleased to afford us his Royal Protection that the Kingdom and our Selves may be preserved from this wicked and dangerous Design and that he will grant Commissions and Instructions as may inable us to defend his Royal Person and his Loyal Subjects from the Cruelty and Rage of the Papists who have long Plotted and Endeavoured to bring in a bloody Change of Religion to the apparent Ruine of the whole Kingdom and if any of your Lordships have the same Apprehensions that we have we hope they will likewise take some Course to make the same known to his Majesty and will further do what appertains to Persons of Honor and Fidelity for the common Good After the reading of this Paper it was moved to adjourn the debate of this Matter till Monday by some that it might be debated presently Hereupon the Question was put Whether the Debate upon this Report shall be put off until Monday next or not and it was resolved to be put off until Monday next Which being done these Lords following did disassent to this Vote and before the putting of the Question did claim their Right to enter their Protestation against it which was as followeth The Protestation In respect the Conference brought up The Protestation of divers Lords against the Vote to put off the debate of the Message concerning the Tower and reported from the House of Commons doth as it thereby declared concern the instant Good and Safety of the King and Kingdoms I do protest against the deferring of the Debate thereof until Monday to the end to discharge my self of any ill Consequence that may happen Lo. Admiral Similiter Lo. Chamberlain E. Pembroke E. Bedford E. Warwick E. Bolingbroke E. Newport Viscount Say and Seal E. Suffolk E. Carlisle E. Holland E. Clare E. Stamford Lo. Wharton Lo. St. Johns Lo. Spencer Lo. North Lo. Kymbolton Lo. Brook Lo. Grey de Werke Lo. Roberts Lo. Howard de Escrick After which upon reading of the Petition of the Lord Bishop of London William Lord Bishop of Bath and Wells and Matthew Lord Bishop of Ely The Bishops of London Ely Bath and Wells released concerning Tenths upon the Poll Bill shewing that they had paied 60 l. apiece for the Poll-Money and deposited other Monies according to a Proportion of the double Tenths of their Bishopricks But because their Bishopricks are freed by Letters Patents under the Great Seal of England from paying or accompting for any Tenths It was Ordered by the Lords in Parliament That Mr. Parramour with whom the said Monies were deposited shall forthwith upon sight thereof if he hath so much in his Hands of the Poll-Money and if not then as soon as so much Money shall come in unto him repay unto the said Lords the Bishops their Assigns or Agents all such Sums of Money as he hath received from their Lordships respectively above the 60 l. apiece as is aforesaid In the House of Commons the same Petition from the Merchants c. was read which was preferred to the Lords also upon the Lords refusing to joyn with them to Petition the King for Lunsford's removal they presently came to this Vote Resolved Vote against Colonel Lunsford c. That this House holds Colonel Lunsford unfit to be or continue Lieutenant of the Tower of London as a Person in whom the Commons of England cannot confide in Then Mr. Hollis Mr. Pym Mr. Strode Sir Edmond Montfort Mr. Glyn Sir Philip Stapleton Mr. Martin and Sir John Hotham were Ordered to draw Heads for the Conference before recited This Day it was moved that Sir John Berkley might be bailed Sir John Berkley bailed and thereupon Resolved c. That this House doth approve and allow of the Earls of Dorset and Stamford to be Bail for Sir John Berkley a Prisoner in the Tower the principal to be bound in the Sum of 10000 l. the Security in the
Sum of 5000 l. Resolved Captain Legg bailed c. That this House doth approve and allow of the Earls of Cumberland and Newport to be Bail for Captain William Legg ut supra Mr. Mr. Williamson a Minister bailed Williamson a Minister in Custody of the Serjeant for a Sermon preached on Sunday was 7 Night in the Parish Church of St. Martins in the Fields shall be bailed and the Consideration of the Sermon was referred to Mr. Peard Then Sir Edward Hungerford Sir Henry Mildmay Sir Thomas Barrington Sir Henry Vane Sir Robert Pye Alderman Pennington Alderman Soame were appointed to treat with the Merchant Adventurers or any others concerning the Loan of 50000 l. for the Affairs of Ireland and to offer them Security out of the 400000 l. Bill and 8 l. per Cent for forbearance of their Money It was also Ordered That Sir Thomas Barrington and Mr. Martin do this Night repair unto the Constable of the Tower and desire him from this House to lodge and reside within the Tower and take the Custody and Guard of that Place Information was this Day given to the House of Lords Mâ—nday Decemb. 27. That some Members of this House have had false Rumors reported of them That during the time of the King 's being last in Scotland it was told the Queen That at a Meeting at Kensington where the Earl of Essex the Earl of Newport the Lord Viscount Say and Seal the Lord Mandevil the Lord Wharton Members of this House and the Lord Dungaruan Mr. Nathaniel Fines Sir John Clotworthy and Mr. John Pym Members of the House of Commons were present upon a discourse of Plots that should be done in this Kingdom or in Scotland the Earl of Newport should say If there be such a Plot yet here are his Wife and Children meaning that the Person of the Queen and her Children should be seized upon Vpon this the Earl of Newport stood up E. of Newport concerning a report of his speaking of seizing the Queen c. and gave the House this Account That hearing of such an Information which had been presented to the Queen he went with some other Lords and waited on the Queen and with many Protestations assured the Queen That never any such Words were spoken nor the least thought thereof conceived of any such Fact with which the Queen seemed to rest satisfied But upon Friday last his Majesty asked him Whether he heard any Debate at Kinsington about seizing upon the Queen and her Children which his Lordship denying his Majesty replyed again That he was sorry for his Lordships ill Memory The House considering this Information to be of Consequence and because several Members of the Commons were concerned in it resolved to have a Conference with the Commons concerning it that so they might search into this Business and that the Bottom of it might be found out and the Reporter of this false Rumor brought to condign Punishment And the Lord Archbishop of York Lord Admiral E. Bristol E. Holland Lord Roberts Lord Savil were ordered to draw Heads for the Conference Tumults The Tumults now began upon this little Clash of the Two Houses and the Lords refusing to joyn with the Commons to petition out Lunsford to assemble in great Multitudes to Force the Bishops by affronts to quit their station in Parliament which hitherto could not legally be obtained and there being a great Concourse of People about the Parliament Door and the Places adjoyning the Gentleman-Usher was directed to go and Command them in the King's Name to be gone and repair to their respective places of Aboad or they should be proceeded against according to Law who returned with this account That the People are willing to depart but say they dare not because there is Colonel Lunsford with other Soldiers in Westminster-Hall that lye in wait for them with their Swords drawn and that some of them who were going through Westminster-Hall home have been Wounded and Cut in their Heads by the said Souldiers Whereupon the House appointed the Lord Steward A Committee of Lords appointed to consider of the Tumults the Lord Great Chamberlain Lord Chamberlain E. Bedford E. Southampton E. Pembroke E. Sarum E. Warwick E. Clare to Examin what Warrant hath been given to Soldiers to come down this day unto the Parliament House and likewise what Notice hath been given to any others to come down to Westminster in Multitudes and who gave the Occasion that Swords were drawn and blows given in Westminster-Hall and near thereabouts among the People And to Enquire why the Justices of Peace and other his Majesties Officers did not prevent the Tumults this Day according to Law and the Commands formerly given them Their Lordships or any 7. of them to meet on Tuesday the 28 of Decemb. 1641 at 9 of the Clock in the Morning in the Painted Chamber and when after they please After this the Lords Commissioners delivered in all the Scots Commissioners Propositions as follows SInce it is desired that we should give in all our Propositions concerning the 10000 Men that are to be sent out of Scotland into Ireland We do offer to your Consideration these following Propositions to those we have already given in 1. In respect that the Country is for the most part Wasted by the Rebels and that it is necessary for the better Provision and Safety of our Army That there be delivered unto Us some Places convenient for the preserving of our Victuals and for Retreat in case of Necessity It is therefore desired That the Town and Castle of Carrickfergus Colraine and London-Derry be put into our hands wherein we may plant Garrisons and make Use of them for Magazins of Victuals Arms and Munition and for Retreat upon any Occasion And that the Magistrates and Inhabitants thereof be ordeined to carry themselves to any of our Commanders there as is fit and ordinary in such Cases We giving Assurance to use them with all Brotherly Kindness and Respect and to give full Satisfaction for what we shall receive from them and that we shall make Use of the said Places for the Honor and Advantage of his Majesty and the Crown of England and faithfully restore them to any having Commission from the King and Parliament when the War shall End or that our Army shall be by them discharged and satisfied of all Dues and Conditions made in this present Treaty 2. That the Towns of Carrickfergus Colrain and London-Derry be instantly provided with Victuals of all kinds necessary for Soldiers both for the Garrisons and to furnish the Army or any part thereof in Expeditions into any part of the Province or where they shall go for payment upon such reasonable Prices as shall be agreed upon And likewise that Powder Bullet and Match be sufficiently provided for at least 6000 Musketeers and 24 or 30 Piece of good Ordnance and that there be Gun-Smiths and ingenious Carpenters sent thither for the mending
and disorders about the Houses of Parliament 2. To joyn with them in a Petition to his Majesty that the Houses of Parliament may have a Guard But the Faction of the Commons had other imployment for these Tumults Favoured by the Faction of the Commons and were so far from thinking fit to discourage them that some of these insolent People being laid hold on and Committed to the Gate-house their Friends in the Commons House receiving quick advertisement of it immediately dispatched Sir Robert Pye Mr. Wheeler and Mr. Glyn to inquire upon what Grounds those Citizens are Committed to the Gate-house and by whose Authority and to discharge them if they shall see Cause And when this Conference was reported by Mr. Hollis they were not at leisure to consider of it that night it was too late and therefore it was deferred till the next day and the next day when it was moved the Question being put whether the Question shall be put at this present concerning the joyning with the Lords in a Declaration as is desired it past in the Negative they being it seems so unwilling to disoblige the Rabble that they would not so much as permit the Question to be put concerning it and it is easie to conjecture with what courage this inspired those Rude and Insolent People Porters Watermen c. when they saw themselves out of the reach of the Law the only thing those mean and sordid spirits are capable of being kept in order with and that they had nothing to fear when their Guardians of the Commons House would not suffer the tenderest part of the Law a Proclamation to be awarded against them Sir Thomas Barrington this day Reported in the House of Commons ' That according to the Command of the House E. of Newport discharged from being Constable of the Tower not being able to meet with the Constable of the Tower he wrote a Letter unto him that yesterday he came to him and told him that his Majesty was pleased to discharge him of the Constableship of the Tower and to tell him he did it because it was cause of Jealousie The Reader will from hence gain a clear Light into the Mystery of all this Bustle about the Scandal which took up so great a part of this and the following Days Debate and will easily perceive the displeasure of this Lords being displaced raised all this Dust which however blanched as a Scandal upon him and others yet is so like the sayings of some in that Company at Kensington that one can difficultly be perswaded to believe but that with all this Smoak there was some Fire that the King spake what he did upon good assurance but that such was the Fury and Violence of the headstrong Faction that to have produced any Witness in a matter which concerned them so nearly and would have exposed their Designs would have been to have thrown a Man into a Den of half starved Lyons and it had been impossible to have escaped their fury without the help of Daniels Miracle in the Sacred Story The Lord Dillon and Col. L. Dillon and Colonel Taaf Imprisoned Taaf having by Order of the House been taken into Custody their Papers were searched and ordered by a Committee to be perused and they to remain in Custody till the House takes further Order therein It was also Ordered That Col. Lunsford summoned to the Commons House Lunsford be summoned to attend this House to morrow morning at 10 of the Clock and that Mr. Thraile be required to be here at the same time as also Capt. Hide Capt. Scrimshire Mr. Butler Mr. Brooks and Mr. Moore and that the Citizens who gave the Information at the Bar against Colonel Lunsford be required to be here at the same time The Reader may here see the terrible Army under Colonel Lunsford which frighted the Citizens as they pretended in Excuse to the Lords that they durst not go through Westminster-Hall A Committee was appointed to joyn with the Lords Committee for the Petition concerning L. Newport to draw the Petition concerning the Lord Newport viz. Sir Henry Vane Senior Mr. Glyn Sir Edward Hungerford Sir Gilbert Gerrard Sir John Culpeper Sir Thomas Barrington Sir Philip Stapleton Sir Robert Cooke Mr. Strode Mr. Long Sir Benjamin Rudyard and Mr. Hollis The Tumults as the Reader may have observed Tuesday Decemb. 28. begun now to be Frequent Dangerous and Insolent which occasioned his Majesty this Day to Issue out his Royal Proclamation against them as followeth By the KING HIs Majesty taking into His Princely Consideration A Proclamation against Tumults the manifold Inconveniencies and Mischiefs that may arise and happen by the Riotous and Tumultuous Assemblies in and about the Cities of London and Westminster not only to the violation of His Majesties Peace and Scandal of Government but to the Disturbance of His Houses of Parliament now Assembled doth strictly Charge and Command all the Inhabitants of His Cities of London and Westminster and the Liberties thereof and also of the Suburbs and Confines of the said Cities and Places adjoyning that upon no Occasion they do not Assemble themselves in any Tumultuous or Riotous manner in any Part or Place in or near the said Cities or Liberties and that all Perlons now Assembled in any Numbers without his Majesties Authority do forthwith upon Publishing this His Majesties Proclamation dissolve their Assemblies and Companies and repair to their Dwellings or Places of aboad upon their Perils of being proceéded against as Violaters of the Publick Peace of this his Majesties Kingdom and of being punished according to the Severity of the Laws and Statutes of the same Given at Our Court at White-Hall this 28th day of December in the Seventeenth Year of Our Reign God save the King The Lord Keeper was this Day ordered to wait on the King The King to be moved for a Monthly Fast for Ireland and move his Majesty from both Houses of Parliament that a Monthly Fast may be kept throughout the whole Kingdom during the Troubles of Ireland and that his Majesty will be pleased that a Proclamation may issue forth for this purpose and likewise for the keeping of the 20th of January next as a Fast throughout the whole Kingdom except London and Westminster where it hath been already Solemnized Then the Lord Admiral reported the draught of the Petition drawn up by the Committee of both Houses in the Kensington business which was read as follows To the King 's most Excellent Majesty The Humble Petition of the Lords and Commons in this present Parliament Assembled WHereas The Petition of the Lords and Commons about the Kensington business during Your Majesties last being in Scotland the Queens Majesty received Information that at a meeting in Kensington where the Earl of Essex the Earl of Newport and Lord Viscount Say and Seal the Lord Mandevile the Lord Wharton Members of the Lords House the Lord Dungaruen
to perform their Duties accordingly And that they do abominate all Actions or Opinions tending to Popery and the maintenance thereof as also all Propension and Inclination to any malignant Party or any other Side or Party whatsoever to the which their own Reasons and Consciences shall not move them to adhere But whereas they have been at several times violently Menaced Affronted and Assaulted by multitudes of People in their coming to perform their Services in that Honourable House and lately chased away and put in danger of their Lives and can find no redress or protection upon sundry complaints made to both Houses in these Particulars They likewise humbly protest before your Majesty and the Noble House of Peers That saving unto themselves all their Rights and Interests of Sitting and Voting in that House at other times they dare not Sit or Vote in the House of Peers until your Majesty shall further secure them from all Affronts Indignities and Dangers in the Premisses Lastly Whereas their Fears are not built upon Phantasies and Conceits but upon such Grounds and Objects as may well terrifie Men of good Resolutions and much Constancy They do in all Duty and Humility protest before your Majesty and the Peers of that most Honorable House of Parliament against all Laws Orders Votes Resolutions and Determinations as in themselves Null and of none effect which in their Absence since the 27 of this instant Month of December 1641 have already passed as likewise against all such as shall hereafter pass in that most Honorable House during the time of this their forced and violent Absence from the said most Honorable House not denying but if their absenting of themselves were willful and voluntary that most Honorable House might proceed in all these Premisses their Absence or this their Protestation notwithstanding And humbly beseeching your most Excellent Majesty to command the Clerk of that House of Peers to enter this their Petition and Protestation amongst the Records They will ever pray to God to bless and preserve c. Joh. Eborac Tho. Duresme Rob. Co. Lich. Jos Norwich Jo. Asaphen Guil. Ba. Wells Geo. Hereford Rob. Oxon. Mat. Ely Godfr Glocest Jo. Peterburg Morg. Landaff Hereupon a Message was sent to the Commons to desire a present Conference by a Committee of both Houses Conference about the Petition of the Bishops to Communicate to them the Petition of the Bishops and to let them know That the Petition containing matters of high and dangerous Consequence such as their Lordships are very sensible of and require a speedy and suddain Resolution the Petition extending to the deep intrenching upon the Fundamental Priviledges and being of Parliament In the afternoon the Lord Keeper Reported That he had according to their Lordships command moved the King in the humble desire of both Houses concerning the keeping of a monthly Fast during the troubles in Ireland throughout the Kingdom and for the 20th os Jan. next to be kept a Fast and that he would be pleased to give order that a Proclamation may issue forth for that Purpose to which his Majesty was pleased to give consent and will give a Warrant for a Proclamation to issue forth presently The Commons by this Message concerning the Bishops finding they were fallen under the displeasure of the Lords laid immediately hold of this fair occasion and fell to work upon the matter and having first Ordered That no Member of the House do go forth of the House during this debate and that the Door be lock'd and the Key brought up the outward Room cleared and the Door likewise lock'd and the Key brought up and that no Paper be delivered out What the Debate was I cannot tell but there is an Order which is Cancelled in these words That two of the Citizens that serve for the City shall go into the City and acquaint them that this House is beset and in danger But it seems upon cooler thoughts and more deliberation they thought this would too publiquely shew that they were the Authors of the Tumults and Routs as in reality by this it appears they were and therefore this was altered and it was Resolved c. That this House shall renew their desire of a Guard upon the Reasons which the Petition of the Bishops this day read gives them occasion to desire it But whatever was the beginning of the debate the end of it was to fall upon the Bishops and therefore it was Resolved upon the Question That John Arch-Bishop of York shall be accused by this House Votes against the Bishops by the Commons upon their Petition and Protestation in the Name of all the Commons of England of High Treason Resolved c. That Thomas Bishop of Durham shall be Accused by this House in the Name of all the Commons of England of High Treason The same Vote in terminis passed severally against Joseph Bishop of Norwich Robert Bishop of Coventry and Lichfield John Bishop of St. Asaph William Bishop of Bath and Wells George Bishop of Hereford Matthew Bishop of Ely Robert Bishop of Oxon. Godfrey Bishop of Glocester John Bishop of Peterborough and Morgan Bishop of Llandaff And Mr. Glyn was Ordered to go up to the Lords with this Message to take notice of the Lords respect to this House in Communicating this Petition with so much speed and so much affection and for expressing their sense of the Petition of the Bishops which he Immediately did And declared The twelve Bishops accused by the Commons of High Treason for the Petition That he was commanded to Accuse and did Accuse John Arch-Bishop of York Tho. Bishop of Durham Joseph Bishop of Norwich Robert Bishop of Coventry and Litchfield John Bishop of St. Asaph William Bishop of Bath and Wells George Bishop of Hereford Matthew Bishop of Ely Robert Bishop of Oxon. Godfrey Bishop of Glocester John Bishop of Peterborough and Morgan Bishop of Llandaff in the Name of the House of Commons and of all the Commons of England of High Treason for indeavouring to Subvert the Fundamental Laws of this Realm and the Being of Parliament by preferring this Petition and Protestation And the House of Commons desires that they may be forthwith Sequestred from Parliament and forthwith Committed into safe Custody And that a speedy Day may be given them for their Answers and the House of Commons will be ready to make good their Charge Hereupon it was Ordered The Bishops taken into Custody That the 12 Bishops that are Accused of High Treason shall be forthwith brought before this House and committed to safe Custody And accordingly order was given to the Gentleman-Usher attending the House to bring them After which the Earl of Bath reported the Kings Answer to the Petition presented to His Majesty from both Houses concerning the Earl of Newport and others viz. My Lords and Gentlemen IT is true that I have heard Rumors of some Proposition that should have been made at
Kensington The King's Answer to the Petition concerning the Kensington matter for the seizing of the Persons of my Wife and Children And in things of so high a Nature it may be fit for any Prince to inquire even where he hath no belief nor perswasion of the thing so I have asked Newport some Questions concerning that Business but far from that way of expressing a belief of the thing which Newport hath had the boldness and confidence to affirm which I could easily make appear but that I think it beneath me to contest with any particular Person But let this suffice that I assure you I neither did nor do give credit to any such Rumor As for telling the Name of him who informed Me I do stick to the Answer which I gave to your last Petition upon the like particular After the Reading of this it was Ordered That a Copy of this Answer be sent to the House of Commons The Bill for pressing of Marriners Bill for pressing Marriners passed the Lords House Report of the Conference with the Commons about the safety of the Kingdom c. was read a third time in the Lords House and being put to the Question it was consented to for to pass as a Law After which the Lord Keeper Reported the Conference with the Commons touching the safety of the Kingdom That Yesterday the House of Commons sent up a Message to their Lordships wherein they Expressed their Fears of the ill Consequences which will happen by the many disorders and assaults made upon the King's Subjects to the Violation of their Liberties and Peace going to and returning from the Parliament for preventing whereof and for the securing of the Parliament they desired that their Lordships would joyn with them to desire His Majesty that the Parliament may have such a Guard as both Houses might confide in that they might be commanded by the Earl of Essex to which desire the House of Commons have yet received no Answer They desire therefore their Lordships would take these following Reasons into Consideration by way of addition to their former 1. The Insolent and Traiterous Petition and Protestation of the Bishops preferred this day to their Lordships which the House of Commons conceive they durst not dare to have done without some Back in their Design 2. They desire to have a Guard because they hear that the King hath a Guard at White-Hall as apprehending it fit And the House of Commons conceives that those that are Enemies to the King are likewise Enemies to the Parliament and those that are Enemies to the Parliament are Enemies to the King The Lords then took this Message into Consideration and Debated Whether this House should recede upon these further Reasons from the Vote given last night concerning the Guards And it was Resolved upon the Question by the major part That this House thinks it not fit upon such Reasons as have now occurred to alter at this time the Vote last night and to joyn with the House of Commons to desire a Guard And it was Ordered That these two Votes be Communicated to the Commons by Serjeant Ayliff and Serjeant Glanvile After which the House having notice that the Bishops that were Accused of High Treason were attending without The Impeached Bishops at the Lords Bar. the House gave directions they should be severally called in and have their Accusation made known unto them by the Lord Keeper and then if they desired to speak they should be heard First John Arch-Bishop of York was brought in by the Gentleman-Usher and having kneeled at the Bar as a Delinquent he was commanded to stand up and then the Lord Keeper told him That the House of Commons in their Name and of all the Commons of England had Accused him and others of the Bishops with High Treason for endeavouring to Subvert the Fundamental Laws of this Realm and the Being of Parliament by preferring their Petition and Protestation this day to the House of Lords The said Arch-Bishop desired leave of the House to Speak a few words which the House granting he said He would not at this time make any Demurrer to the Charge as having never heard it before but he desired their Lordships would give him leave to do as he should be advised when he came to Answer and then he withdrew The Bishop of Durham was in the same manner brought to the Bar and the Lord Keeper repeated unto him the same Charge and he having leave to Speak said That this was the greatest Misery that ever befell him and what he did was not with any Malicious or Treasonable Intent but he going by chance to the Arch-Bishop of York 's House about two days ago he found some Bishops there and the Petition Signed by many of the Bishops and being desired to subscribe the said Petition he read it over and took some Exception at it but he was drawn to it by their Inducements and he did Subscribe it only to preserve his Right in Voting in Parliament and desiring their Lordships to have pitty upon him being a Man of great Years he withdrew And then in the same manner the Bishop of Norwich was brought to the Bar and after he had heard his Accusation he said That this was the heaviest Affliction that ever befel him and professed it was far from his thoughts to be guilty of an Offence of so high a Nature and confessed he Subscribed the Petition and Protestation but he desired the rest of his Brethren the Bishops that it might be very well considered before it was delivered but whether it was he knows not Next the Bishop of Coventry and Litchfield was brought to the Bar after the same manner and confessed He Subscribed the Petition but craved their Lordships best Constructions for he did it not with any Traiterous Intentions and submitted himself to the Pleasure of this House Next in the same manner the Bishop of St. Asaph was brought to the Bar and confessed That he Subscribed the said Petition but the thoughts of Treason were far from his heart and desired their Lordships favour to him The Bishop of Bath and Wells who acknowledged He set his hand to the said Petition but without any ill intent The Bishop of Hereford was next who said That when time was fitting he would make his humble Answer to his Charge but desired to say nothing for the present The Bishop of Ely was the next who made this short and discreet Answer He desired their Lordships would excuse him for Speaking now lest he should do himself more hurt by Speaking then by Silence The Bishop of Oxon who confessed He set his hand to the Petition but his Offence is through Ignorance and therein Craves their Lordships Compassion Then the Bishop of Glocester who confessed He set his hand to the Petition but that he was one of the last that Subscribed it which he professed was not done with any Traiterous intent but through Ignorance
attempt in their Petition and Protestation against the King and Parliament These Gentlemen with my self and others having the prosecution of that business and other Charges of great Crimes against them committed to our Trust did unanimously with one consent follow the same bringing to a period our Debates and Disputes concerning their Crimes what we conceived they were guilty of upon their several Charges and what guilty of for framing and preferring their Petition and Protestation to His Majesty that they were guilty of Misprison of Treason upon their former Accusations and guilty of High Treason upon this their last design And these our Votes and Conclusions grounded and warranted not only by the Common Laws of this Land but by divers Acts of Parliament and Presidents we presented to the whole House for Consideration and Confirmation of the same by general Vote with whom we again agreed by our publique Votes and thereupon they were Impeached and Committed This I conceive provoked their malice against us and was the principal cause of this their Plot in drawing an Accusation against us for the same Crime of Treason thereby to make us seem as vile as themselves and to take away our Votes at their Tryal And thus I have joyn'd together both the Cause and the Authors of this Accusation The Effects I conceive will be dangerous and cause great Trouble in these respects 1. In turning the Current of the Parliaments Proceedings against them upon us by which device they shall have further time to put in practice their Plots and bring to perfection their purposes against the Parliament 2. That being busily imployed concerning this business in their disputes about breach of Priviledg of Parliament in illegal accusing the Members thereof in drawing a Declaration to his Majesty concerning the same in appeasing him by shewing the sincerity and integrity of the Parliament toward his Majesty and other things pertinent thereunto this High Court may lay aside their Proceeding and avert their Purposes touching the Irish Affairs whereby the Rebellion there may increase and forraign Aid brought to them to the utter losing of that Kingdom 3. Many Fears and Troubles will arise in the Citizens concerning this Accusation of desperate and devillish Stratagems in agitation as well against them as the Parliament by disconsolate and disaffected persons to the Safety and Security thereof causing their continual Watching and Guarding by their Trained Bands which will be to them a great Charge and Molestation 4. It will incourage ill-affected and pernitious Cavaliers and Commanders about Court to attempt any mischief against both Houses of Parliament or particular Members thereof upon the least opportunity that shall be offered them thinking thereby they shall do the King good service which otherwise they dare not adventure to put in practise 5. And lastly It will provoke and stir up a dislike of these designs in the Hearts of all his Majesty's Subjects and disaffection to his Sacred Person cause great Uproars and Tumults of the Citizens yea and I fear a general Insurrection in the Kingdom if not suddainly prevented which God forbid And thus Master Speaker having nothing more to say concerning these Articles I humbly crave of this Honourable House That I may have Expedition in my Tryal upon the same and that all things done by this Wise Councel may tend to the Honour and Glory of Almighty God the Peace and Safety of His Sacred Majesty and all his Kingdoms A Message was this day brought up from the House of Commons by Sir John Hotham to desire a present free Conference Tuesday Jan. 4th if it may stand with their Lordships conveniency by a Committee of both Houses touching the safety of the King and Kingdom and the Privileges of both Houses of Parliament The Lord Keeper Reported the effect of the Conference which was To move the Lords again to joyn with them humbly to move his Majesty that the Guards at White-Hall may be discharged and to vindicate the Priviledges of Parliament and they do reiterate their desires of Yesterday upon these Reasons 1. The House of Commons have received fresh Informations that divers Gentlemen have made their Addresses to the Gentlemen of the Inns of Court and have dealt with them to come Armed to White-Hall when they shall be required yet they have not condescended thereto 2. The House of Commons have met with a scandalous Paper as was published abroad which contained Articles of High Treason against the Lord Kymbolton c. The House of Commons desires their Lordships would joyn with them to find out the Authors and to bring them to condign punishment for so high a breach of the Priviledges of Parliament But nothing at this time was Resolved of In the Commons House the Lord Faulkland reported the King's Answer to the Message of this House delivered to his Majesty last night That his Majesty asked them whether the House did expect an Answer They replied they had no more in Commission to say but only to deliver the Message The King asked them as private Persons what they thought of it They said they conceived the House did expect an Answer but his Majesty was informed the House was up so he said he would send an Answer this Morning as soon as this House was set but in the mean time he Commanded them to acquaint the House that the Serjeant at Arms did nothing but what he had directions from himself to do Mr. Whittaker Reported from a Committee at Guild Hall Mr. Toby Wood committed to Newgate That an Information was Exhibited upon Oath by one John Bricker against Mr. Toby Wood for Seditious and Treasonable Words whereupon he was committed to Newgate by Order of the Committee at Guild-Hall Also a Vote passed Sir Will. Killegrew a Delinquent That Sir William Killegrew be forthwith sent for as a Delinquent by the Sergeant at Arms attending on the House Then Mr. Smith Mr. Ellis Mr. Hill Mr. Brown and Sir Richard Vivian were appointed to go to the several Inns of Court Message to the Gentlemen of the Inns of Court and to acquaint them That this House hath taken notice of the Practice of some Gentlemen that have endeavoured to engage the Gentlemen of the Inns of Court to be in readiness upon all Occasions to come down to the Court if they should be required That this House hath sent for the Gentlemen that were with them as Delinquents and do believe that their Crime will prove to be of an high Nature And further to inform them That the Parliament is and will be upon all occasions as ready to defend his Majesties Person as any others and they are to inform them that the Cause of sending to them is not any diffidence they have in them but to advise them from any Practices that they shall be moved unto And that upon this occasion put the whole City into an uproar Message to the Common-Council It was Ordered That Alderman
Yea 170. Mr. Arthur Goodwinn Tellers for the Yea 170. Whereupon It was Resolved c. That a Committee shall be named by this House to fit at Guild-Hall and all that shall come to have Voices at this Committee That this Committee shall have Power to direct and appoint such Monies to be paid as shall be necessary for the Troops at Chester That the Committee for Munster shall have power to sit when they will and to put in Execution all such Propositions as are already agreed upon by both Houses of Parliament Then this following Paper drawn by the forementioned Committee was read and afterwards Voted A Paper concerning his Majesties coming to the House of Commons in vindication of Privileges their adjournment to Guill-Hall London Whereas his Majesty in his Royal Person Yesterday being the 4th of Jan. 1641. did come to the House of Commons with a great multitude of Men Armed in a War-like Manner with Halberds Swords and Pistols who came up to the very Door of this House and placed themselves there and in other Places and Passages near to the House to the great Terror and Disturbance of the Members then thereof sitting and according to their Duty in a peaceable and orderly Manner treating of the great Affairs of both Kingdoms of England and Ireland and his Majesty having placed himself in the Speaker's Chair did demand the Persons of divers Members of that House to be delivered unto him It is this Day declared by the House of Commons That the same is a high Breach of the Rights and Priviledges of Parliament and inconsistent with the Liberty and Freedom thereof And therefore the House doth conceive they cannot with Safety of their own Persons or the Indemnities of the Rights and Priviledges of Parliament sit here any longer without a full Vindication of so high a Breach of Priviledge and a sufficient Guard wherein they may confide for which both Houses joyntly and this House by it self have been humble Suitors to his Majesty and cannot as yet obtain Notwithstanding which this House being very sensible of the great Trust reposed in them Especially at this time of the manifold * Which they had occasioned Distractions of this Kingdom and the lamentable and distressed Condition of the Kingdom of Ireland doth Order That the House shall be adjourned until Tuesday next at One of the Clock in the Afternoon and that a Committee to be named by this House and all that will come to have Voices shall sit at Guild-Hall in the City of London to morrow Morning at 9 of the Clock and shall have Power to consider and resolve of all things that may concern the Good and Safety of the City and Kingdom and particularly how our Priviledges may be vindicated and our Persons secured and to consider of the Affairs and Relief of Ireland and shall have Power to advise and consult with any Person or Persons touching the Premisses and shall have Power to send for Parties Papers and Records And it is further Ordered That the Committee for Irish Affairs shall meet at the Guild-Hall aforesaid at what time they shall think fit and consult and do touching the Affairs of Ireland according to the Power formerly given them by this House And that both of the said Committees shall report the Results of their Considerations and Resolutions to the House Then it was resolved upon the Question That it shall be thus Ordered The Committee appointed to sit at Guild-Hall Mr. Chancellor of the Exchequer Mr. Glyn Mr. Whitlock L. Falkland Sir Philip Stapleton Mr. Fiennes Sir Ralph Hopton Sir John Hotham Sir Walter Earl Sir Robert Cooke Sir Thomas Waslingham Sir Samuel Rolls Mr. Pierrpoint Mr. Walther Long Sir Richard Cave Sir Edward Hungerford Mr. Grimston Sir Christopher Wray Sir Benjamin Rudiard Sir John Hippesley Mr. Herbert Price Sir John Wray Sir Thomas Barrington Mr. Wheeler Sir William Litton And this Committee are appointed by the former Order and are to pursue the Directions of the former Order and all that will come are to have Voices at this Committee These Resolutions following Orders concerning Ireland to exhaust the King's Stores being the Sum of what was agreed upon by the Committee of both Houses for Irish Affairs were this Day presented to the House and read and by Vote upon the Question ordered accordingly That the Arms and Ammunition of all Sorts with the Ordnance at Carlisle be sent into Ireland to Carrickfergus for Supply of those Parts of the North of Ireland and the Arms to be Ordered as my Lord Lieutenant shall direct That for a further Supply of those Parts and for the Arming of those two Regiments under the Lord Conway and Sir John Clotworthy that there be sent from the Tower 1000 Muskets with Bullet and Match proportionable 1500 Swords 10 Last of Powder these Arms and Ammunition to be sent thither and ordered and disposed of as the Lord Lieutenant thinks fit That 10 Last of Powder with Bullets and Match proportionable be sent from the Tower to Munster to be delivered to the Lord President of Munster or whom the Lord Lieutenant thinks fit That 2000 l. be Ordered to be delivered to Sir William Brereton upon Account for Payment of the 300 Horse now at Chester and for their transportation out of the Subsidies or Poll-Money That 3000 l. be assigned to be received in Cheshire or Wales out of the Subsidy or Poll-Money by the Victualler for the present Relief of Dublin and Drogheda That 2000 l. be delivered to the Victualler of Carrickfergus who is ready to set on the Work here having a Ship at his Charges in the River The Commons had as a Committee sate at Guild-Hall in the Morning where it seems there were great Debates concerning the Breach of Priviledges upon which Subject I find in the Prints of those times some Speeches enumerating some of the Priviledges of Parliament at least then reputed so which whether they remain so still I leave to the decision of those who are concerned The Speeches were as follows Mr. Speaker THere are no Courts of Judicature in this Kingdom of England Mr. Grimston's Speech at the Committee sitting at Guild-Hall Jan. 5. concerning Breach of Priviledges c. but they have several Rights and Priviledges appertaining and belonging unto them and have such Power and Authority in the several Jurisdictions of the same Offices that they may call to an account prosecute and bring to Judgment the Infringers and Breakers of the same Of all these Courts there is none yea put them all together they are not of such Power and Jurisdiction but inferior and subject to the Ordinances and Statutes of the High Court of Parliament Mr. Speaker of such awful predominancy is the very Name of a Parliament to this Nation that it strikes with Terror and Despair all such Evil Doers as are Male-factors in the State On the contrary side it cherishes and comforts the drooping spirits of men
the Lords Committees to joyn with them to consider of a Way for Securing of both Houses by Guards as aforesaid that they may come and return and remain in safety Hereupon the Lords Committees have Voted That it is fit and necessary that there should be strong and sufficient Guards from the City of London and adjacent Parts for the securing of both Houses that they may sit in safety Secondly Their Lordships have Voted That it is a legal way for the Houses to require the Sheriffs of Middlesex and London to attend for that purpose with the Posse Comitatus and that they will Report these Votes to the House of Commons accordingly And the Lords Committees meeting with the Committee of the House of Commons the 10th of this instant January were of Opinion That Guards are necessary to be placed before the Committee for Irish Affairs do sit at Westminster and for the manner of ordering of the Guards they referred it to the Common-Council of the City of London And their Lordships will Report to the House of Lords That the placing of those Guards for the safety of the Irish Committee is in their Opinion an acceptable service to the Common-wealth Which Report being made it was confirmed by the House and the several Votes approved and Ordered accordingly Then the Lord Steward Reported the Kings Answer touching the desire of both Houses concerning Guards which Answer was read in these words WE having considered the Petition of both Houses of Parliament concerning a Guard do give this Answer That We will to secure their Fears Command the Lord Mayor of London The Kings answer concerning Guards to appoint 200. Men out of the Train'd Bands of the City such as he will be answerable for to Vs to wait on the House of Parliament that is to say one hundred on Each House and to be Commanded by the Earl of Lindsey it being most proper to him as being Lord Great Chamberlain who by his Place hath a particular Charge of the Houses of Parliament and of whose Integrity Courage and Sufficiency none can doubt But the Faction of the Commons were resolved to have no Guard of the Kings but one of their own appointment Order for a Guard of the Train'd Bands to be Commanded by Major Skippon for upon a Vote of the Commons to this purpose it was Ordered That the Sheriffs of London and Middlesex be hereby required to send two Companies of the Train'd Bands of the City of London and County of Middlesex under the Conduct of Serjeant Major Skippon to attend both Houses of Parliament every day for security of the Parliament until both Houses do give order to the Contrary Directed to the Sheriff of the City of London and Middlesex A Message was brought up by Sir Philip Stapelton who brought up a Bill which had passed the House of Commons Intituled An Act declaring That the Lords and Commons may Adjourn themselves respectively to any Place 2. To let their Lordships know that the House of Commons are informed that there is at Hull a Magazin of Arms of the Kings for 16000. Men and proportionable Ammunition But in regard no great strength is in the Town and that the Countrey about is full of Papists ill affected The House of Commons desires their Lordships to joyn with them that some Companies of the Train'd Bands next adjoyning to Hull be forthwith put into that Town for the Safeguard of that Town and the Magazin there and the said Train'd Bands to be under the Command of Sir John Hotham Knight who hath the Command of that Town already by Patent from the King Whereupon it was Ordered Order for Sir John Hotham to keep the Town of Hull That some of the Train'd Bands of Yorkshire nearest to Hull in the said County under the Command of Sir John Hotham Knight shall with all speed be put into the Town of Hull for the securing of the Kings Magazin there and the said Town and hereof the said Sir John Hotham is by Virtue of this Order Commanded to perform accordingly And the said Sir John Hotham is to Command the Town and Forces therein and all Parties whom it concerns shall give their Obedience unto the said Sir John Hotham and his Ministers And lastly That Sir John Hotham or whoever he shall appoint under him shall not deliver up the Town of Hull or Magazin there or any part thereof without the Kings Authority Signified unto him by the Lords and Commons Assembled in Parliament Directed to Sir John Hotham the Elder The Vizor now began to drop off apace for the plain English of this and the former Order for a Guard was that the King was only to have the Name but the two Houses were to have the Substance of the Royal Authority And certainly no men ever moved by more Regular Steps towards Rebellion they had pretty well Exhausted his Majesties Stores for the Service of Ireland and now they were resolved to Secure the Rest The Tower of London hung still mightily in their Light and though the King had Displaced Lunsford yet Sir John Byron the present Lieutenant who was a Person of great Loyalty Courage and Gallantry was by no means agreeable to their Liking or Designs and therefore the next attempt was to get quit of him and a Confiding man a Creature of the Faction placed in that Important Command as we shall presently see Then the Act An Act for the Lords and Commons to adjourn themselves to any place passed the Lords declaring that the Lords and Commons may Adjourn themselves respectively to any Place was read twice and after a short debate a third time and upon the Question it was consented to to pass as a Law From whence it is observable that even this Parliament who had gotten an Act that they should not be Prorogued or Dissolved without their own Consent yet did not think they had Power without the Royall Assent to an Act of Parliament to Adjourn themselves to any other Place from Westminster whither they were by Writ Summoned to Assemble and Sit and which likewise is a Concession that it was so solely in his Majesties Power though not to Dissolve them yet to have Adjourned them to some other Place less Factious and Troublesom then at that time London was A Petition was presented this day to the Lords from the Inhabitants of Bucks as follows To the Right Honourable the House of Peers now Assembled in PARLIAMENT The humble Petition of the Inhabitants of the County of Bucks Bucks Petition to the Lords Jan. 11. 1641. SHEWETH THat whereas we hoped upon the happy Assembling of this present Parliament we should have had a speedy Redress of those Pressures we have for many Years been under but have been hitherto in great Measure Frustrated of your hopes by the strong Counter-working of a Malignant Faction whereby the perfecting of Reformation is hindred the endeavours of the House of Commons in great
part Succesless our dangers grown upon us by iterated Plots Priests and other Delinquents unpunished to the Encouragement of others Ireland lost by protracted Councels while thousands are there Butchered by many Cruelties and to cut off all hopes of future Reformation the very being of our Parliaments endangered by desperate and unexampled breach of Priviledges which by our Protestation lately taken we are bound with our Lives and Estates to maintain And in respect of that late attempt upon the Honourable House of Commons we are now come to offer our service to that end and resolved in their just defence to live and die And therefore humbly Pray that this most Honourable House will Cooperate with the House of Commons in most Speedy perfecting the most necessary work of Reformation bringing to condign and Exemplary Punishment both wicked Councellors and evil Plotters and Delinquents that Ireland may have speedy relief the Priviledges of Parliament fortified against all future Attempts and the whole Kingdom put into sure and present Posture of Defence that we may live both Safe from all Practices of the Malignant Party at home and the endeavours of any ill affected States abroad And Your Petitioners shall ever Pray c. The Petitioners were called in again and told That this House takes well their coming hither with their Petition and their Care of the Priviledges of Parliament and the Kingdom of Ireland for which this House gives them thanks and their Lordships will take their Petition into consideration The Lord Keeper acquainted the House that he had received a Command from his Majesty to attend him at Windsor he received the permission of the House to do it and was ordered to acquaint his Majesty with the Order concerning Hull and likewise to move his Majesty from both Houses for his Royal Assent to three Bills which have passed both Houses one for Pressing of Marriners another concerning Redeeming of Captives at Algiers and the third concerning the Power of both Houses to Adjourn the Parliament The Lord Kymbolton moved Lord Kymbolton moves to be Tryed That if the House thought the Proceedings against him Legal that Mr. Attorney might be Commanded to Prosecute the Accusation against him for that if Mr. Attorney be ready to make good the Charge against him he is ready to answer it and that he desired no further time His own Innocency making him thus Confident as he said though it is shrewdly to be suspected he had other Motives and Reasons drawn from the Power and Prevalency of the Faction which gave him this assurance However Mr. Attorney was sent for who informed the House That what he had done was by the Express Command of the King his Master and not done by his Advice that he had attended the King to receive his Majesties further directions therein who told him when he went out of Town he would leave something with the Lord Keeper to acquaint this House further with concerning this Business And that he had attended the Lord Keeper to know whether the King had left any directions with him who told him he had received none from his Majesty but that he was Commanded to attend his Majesty Speedily Hereupon the Lord Kymbolton desired the House That some speedy Course may be taken that his Life Estate and Honour may be Secured A Message was brought from the House of Commons Message concerning the Tower to remove Sir John Byron by Sir Henry Vane Junior to let their Lordships know That in regard of the great Jealousies and Distractions of the City of London by Sir John Byron 's being Lieutenant of the Tower of London as appears by the Citizens shutting up their Shops and giving over Trade and in regard of the good Affections Expressed this day to the Parliament the House of Commons desires their Lordships to joyn with them to Petition the King that Sir John Byron may be forthwith removed from being Lieutenant of the Tower and that Sir John Conyers may be recommended to his Majesty for that Place After much Debate of this Message it was put to the Question Lords Dissent and it was Resolved c. That this House thinks it not fit to joyn with the House of Commons in an humble Petition to his Majesty for removing of Sir John Byron Knt. from being Lieutenant of the Tower and placing of Sir John Conyers there The Bishops were also ordered to put in their Answers to the Commons Impeachment of High Treason Bishops to put in Answer on Friday next The Lord Chamberlain then acquainted the House That the King hath sent Command to his Lordship and the Earl of Holland to attend his Majesty at Hampton-Court but before they went they desired to know the pleasure of this House being bound by their Writs to attend the business of the Kingdom Whereupon the House Commanded the Lord Chamberlain Lords sent for by the King not permitted to go by the House and the Earl of Holland to attend this House and would not dispense with their Absence in regard of the many great and urgent Businesses depending in this House It was the strangest fortune in the World certainly that these Men of the Faction had that when ever they stood in need of a Plot to countenance their designs and to stir up the People to Sedition some kind Person or other was sure to furnish them with one or more as there was occasion for this day in the very Critical Juncture of time a Letter was produced in the House of Commons and there read and immediately Communicated to the House of Lords The Letter were as follows To the Worshipful and my much honour'd Friend Orlando Bridgman Esq a Burgess of the Parliament at his Chamber in the Inner Temple these present SIR WE are your Friends Two Letters of a strange Plot strangely discovereâ— to the Commons these are to advise you to look to your self and to advise others of my Lord of Strafford 's Friends to take heed lest they be included in the common Calamity Our advice is to be gone to pretend business till the great hubbub be past withdraw lest you suffer with the Puritans We intreat you to send away the inclosed Letter to Mr. Anderton inclosed to some Trusty Friend that it may be carried safely without suspicion for it concerns the common safety So desire your Friends in Covent-Garden January 4th The inclosed was directed To the Worshipful and my much Honour'd Friend Mr. Anderton these SIR ALthough many Designs have been defeated yet that of Ireland holds well and now our last Plot works as happily as that of Ireland We must bear with something in the main His Will is strong enough as long as he is fed with Hopes the Woman is true to us and real her Council about her is very good I doubt not but to send you by the next very joyful News For the present our Arch-Enemies Pym Hampden Strode Hollis and Haslerigg are blemished
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
City and that the Resolution of the said Committee can take no effect until they be communicated to the Common Council the House of Commons desires their Lordships to joyn with them in an Order That the Lord Mayor shall call a Common-Council together as often and at such times as shall be desired by the said Committee and that whatsoever Order the said Lord Mayor hath or shall receive from either of the Houses of Parliament shall be imparted to the said Committee To the first part of this Message the Lords agreed To the second That the Lord Digby have notice to attend this House if he be at Kingston or at Court but if he be gone to Sherborn to fetch up his Lady he is to go on his Journey To the third It was Resolved c. That this House will joyn with the House of Commons concerning the Governor of Portsmouth These Lords following Lords Dissenting from the Vote about Portsmouth before the Question was put Desired their Right of entring their Dissent to this Vote if it were carried against them Which the House gave way unto viz. Earl of Southampton Lord Mowbray Lord Wentworth Lord Pierpoint To the latter part of the Message concerning the Common-Council the House agrees therein with the House of Commons and the next day they were drawn into formal Orders of both Houses The Earl of Southampton speaking some Words in the Debate of this Message which the House conceived to reflect upon the Honor of the House Earl of Southampton questioned for Words which were That the Parliament had neglected their Duty to the King for the safety of his Person Upon which his Lordship was put to explain himself which being done these Resolutions passed Resolved c. Nemine contradicente That this Parliament have performed their Duties to the King for the Safety of his Person Resolved c. That the Earl of Southampton hath satisfied this House with the Explanation he now made of himself A Message was then brought from the House of Commons by Sir Philip Stapleton being two Votes concerning Sir John Byron Lieutenant of the Tower to which they desired the Concurrence of the Lords 1. Votes of the Commons concerning the Lieutenant of the Tower That Sir John Byron the now Lieutenant of the Tower hath committed a high Contempt against the Authority and Priviledges of Parliament in refusing to appear upon the Summons of both Houses of Parliament To which the Lords agreed 2. That Sir John Byron the now Lieutenant of the Tower shall be sent for as a Delinquent The Lords deferred giving any Resolution of this last Vote at this time Search to be made about the Commons House In the Commons House it was this day Ordered That another Lock be set upon the Door under the Stairs at the Door of the Commons House and that Mr. Bell keep the Key and search it every Morning also that it be referred to the Committee appointed to search about the Houses and Places near the Parliament House to take daily care that all Places thereabout be safeguarded and kept Secure Mr. Calcot the Informer of Lunsford's being at Kingston with 500 Horse Theophilus Calcot gave the House Information of many Horse under the Command of Collonel Lunsford were Lodged at Kingston upon Thames to the number of 500 or thereabouts That there came Yesterday two Loads of Ammunition that there was last night Captain Thomas Howard a Member of the Commons House and as they say had a Command of some Men there Which occasioned the Message before mentioned It seems the Information did not agree for afterwards Mr. Hollis reported from the Committee appointed to consider of this Information That there were about 200 Men there that they have Pistols and discharge them and carry themselves in a disorderly Manner to the Terror of the People And in reality all this great Army at Kingston was only the Lord Digby and his ordinary Retinue But every thing was Multiplied and Magnified to the highest degrees and whether true orfalse it did the business Effectually and kept up the Fears and Jealousies of the People and confirmed them in the belief of strange Plots against the City and Parliament Then Mr. Sollicitor St. Johns Mr. Whitlock Sir H. Anderson The Committee to draw the Declaration to be sent into all Parts of the Kingdom to put themselves into a Posture of Defence Sir Gilbert Gerrard Mr. Green Sir John Holland Mr. Whistler Sir H. Mildmay Mr. Rigby Mr. Boduile Mr. Grimston Sir Martin Lumley Sir Edward Hungerford Mr. Cave Sir Edward Patherich Serjeant Wild Sir Thomas Barrington Mr. Ashton Mr. Moore Mr. Strode Sir J. Evelyn Mr. Noble Sir William Massam Mr. Lisle were appointed a Committee to take into consideration the drawing of a Letter or other Declaration to be presented to the Lords and by both Houses to be publish't in Print and sent into all the parts of the Kingdom advising them with all Expedition to be in a readiness and a good posture of Defence upon all occasions to defend their several Counties from Invasion by Papists or other ill affected Persons and to declare the several Designs that this quarter of a year last past hath been against the Parliament and safety of the Kingdom It was also Ordered That 2000 l. of the Pole Money shall be paid by the Lord Mayor of York to Sir John Hotham for the service of Hull It was also Ordered upon the Information of Mr. Thomas Blunt Search for Arms at Mr. Ropers at Eltham in Kent That the said Mr. Blunt and Mr. Gibbon or either of them do forthwith make diligent search in the House of Mr. Anthony Roper in Kent at Eltham or any other suspected place for Arms and Ammunition and if they find any there to Seize the same and to apprehend the Person of him or any other Suspected Persons and to take Examinations touching this matter and to use their best indeavours for the Apprehending of Mr. Cecil Cave Who as Blunt said he had been informed had given out that ere long Bloud would be Sold as cheap as Milk The Serjeant was ordered to repair to the Queens Millener Letters to Mr. Crofts opened and require him forthwith to attend the House with the Paquet of Letters which he this day received by the French Post directed to Mr. Crofts Joseph Lee a Waterman informed the House of some great Saddles going to Kingston by water whereupon Order to Seize Saddles and Horses the Serjeant was commanded to Seize them And an Order was sent to the Justices next Hampton Town to make stay of some Horses that the House is informed are now in the Stable of one Mr. Robinson until this House shall take further order An other Order to Sir John Franklyn and Mr. Search for Arms at Sir James Hamiltons Lodgings Whittacre to search the Lodgings of Sir James Hamilton for Arms and Ammunition and to Seize the same and
to apprehend the Persons there or in any other place Information was also given of Arms at Fox-Hall which being the Lord Herberts he was willing they should be disposed of as the Parliament thinks fit and therefore Sir John Evelyn was appointed to go with a Message to desire the Lords to joyn with the Commons for the removing them from thence to the City of London to be there securely kept in regard of the Danger of these times and the weakness of that Place the Situation of it so near the Houses of Parliament and the conveniency of Water and the Forces that are now Assembled at Kingston Thus did they amass a multitude of Informations searched all corners for Arms and Ammunition to countenance the Noise of a Plot against the Parliament but truly with very little success most of these hopeful Plot Eggs proving Addle and Dwindling into nothing more then serving the present turn of keeping up the People in a belief of this Horrible Plot against the Parliament The House of Lords being informed that one James Hanham a Recusant of Holle-Well in Sommerset-shire Thursday Jan. 13. had Arms for 40. Foot and 20. Horse and three Pieces of Brass Ordnance which causeth great terror to his Majesties good Subjects It was Ordered that the Sheriff of that County and the two next Justices of the Peace should Seize and take into their Custody the Arms and Ordnance that they shall find in the House of the said Hanham and keep them for his Majesties Use and Service A Message was then brought from the House of Commons by the Lord Grey of Grooby to let their Lordships know That they find abroad under the hand of the Clerk of this House Articles of High Treason and of other Misdemeanors against the Lord Kymbolton and five of the Members of the House of Commons and they desire to know how those Articles came into this House To which the Answer was That these Articles were brought into this House by Mr. Attorney General The Lord Keeper next Reported to the House That he had waited on the King and according to their Lordships command he had moved his Majesty from both Houses that he would be pleased to give his Royal Assent to the three Bills lately passed both Houses and likewise hath acquainted his Majesty with the Order made concerning the putting of Sir John Hotham into Hull for the securing of the Town and the Magazines there And his Majesty returns this Answer 1. The Kings answer concerning the three Bills passed Concerning the Bill for pressing of Marriners and concerning the Captives of Algier his Majesty is content to pass his Royal Assent for them for that purpose he hath given Warrant for a Commission But for the Bill of giving Power to the Houses to Adjourn into London his Majesty says in regard neither he nor any of his Council hath seen it he will take some time to consider of it before he resolves any thing therein 2. For the Fears concerning Hull his Majesty hath formerly considered the same and hath already taken Special care for the security of that Place from the adjoyning Papists Likewise his Lordship Reported That his Majesty had commanded him to deliver this answer to both Houses touching the Lord Kymbolton and the five Members of the House of Commons That his Majesty taking notice The Kings Message concerning the Lord Kymbolton and the 5 Members that some conceive it disputable whether the Proceedings against the Lord Kymbolton Mr. Hollis Sir Arthur Haslerig Mr. Pym Mr. Hambden and Mr. Strode be Legal and Agreeable to the Priviledges of Parliament and being very desirous to give Satisfaction to all Men in all matters that may seem to have relation to Priviledges is pleased to wave his former Proceedings and all doubts being by this means settled when the Minds of Men are composed his Majesty will proceed thereupon in an unquestionable Way and assures his Parliament that upon all occasions he will be as careful of their Priviledges as of his Life and his Crown Whereupon it was Ordered That this Answer be Communicated to the House of Commons Upon this occasion I find a Speech of the Earl of Monmouth's made this day in the House of Lords which because it takes notice that the King did not think himself safe at White-Hall I have here inserted and I find this also confirmed in a little Book written by Mr. Howel Howells Inspections into the Carriage and Consults of the long Parliament pag. 97. and Dedicated to the late Usurper where recounting the Transactions of those times he said That the King rather then Expose himself to such bare Indignities as were offered to him during these Popular Riots and there being Dark Whispers of an attempt upon his Person He Retired to Hampton Court and thence to Windsor Castle c. The Earles Speech was as follows My Lords I Shall desire to be heard speak a few Words The Earl of Monmouth's Speech in the Lords House January 13. 1641. which I would much rather have heard spoken by any of your Lordships that so they might have a happier and a more handsome Expression though with a better Heart and clearer Intentious they could not have been spoken The sad Condition we are now in My Lords is such as is too apparent to any man who hath but half an Eye the City of London is full of Jealousies and Apprehensions we sit not here free from Fears the King hath with-drawn himself from hence together with his Queen and Children out of a belief as I conceive that his Majesties Person was not safe here While things continue in this Posture My Lords we may well fear an impairing we can hardly hope for the bettering of Affairs God hath plac'd us My Lords in the Medium betwixt the King and his People Let us play our Parts My Lords Let us do our Duties and discharge our Consciences Let us really prove what we are by Name Noblemen Let us indeavor to work a perfect and a true Vnderstanding between the King and his People Let us freely unbosome our selves to his Majesty and desire that his Majesty will be pleased to do so to us and to this end My Lords which is the end of my Motion if it shall be approved of by your Lordships I do humbly move that by way of Conference or any other way we may desire the House of Commons to joyn with us first in an humble Petition to his Majesty that he would be graciously pleased to return to his good City of London as the safest Place we conceive for his sacred Person in these distemper'd Times and then that they will likewise joyn with us in a Profession or Protestation that we will do what in us lies to free his Majesty from his Fears to take from the Citizens of London and his Majesties other Subjects their Jealousies and Apprehensions and that we will Live and Dye his Majesties faithful Advisors
removed and that Sir John Conyers may be recommended to his Majesty for that Place But before the House of Lords would give any Resolution herein it was Ordered That the Common-Council of the City of London the Merchants that have Estates in Bullion the Minters and all others concerned shall be inquired of whether there be a stay of the Mint or any forbearance of bringing in of Bullion into the Tower of London and if there be whether it proceeds in respect of Sir John Byron 's being Lieutenant of the Tower and hereof speedy Certificate to be made to the Lords in Parliament A Message was then brought from the House of Commons by Denzil Hollis Esquire 1. He brought up the Bill for the Relief of his Majesties distressed Subjects of Ireland 2. To desire the Lords to join with them in an Ordinance to secure 50000 l. borrowed of the Merchant Adventurers for the Affairs of Ireland 3. To move the King to concur with both Houses in the Order made giving Power to Sir John Hotham for securing the Town of Hull and the Magazine there for his Majesties Service To which the Answer was That their Lordships will take the particulars into Consideration this Afternoon The Ordinance for securing the said Merchant Adventurers was read in these words THe Lords and Commons in this present Parliament Assembled Ordinance of the Lords and Commons for securing the Merchant Adventurers 50000 l. having a due Regard to the good Affections of the Governors Assistants and Fellowship of Merchant Adventurers of England expressed in the present advancing and lending of 30000 l. of Lawful Money and forwardness to advance and lend the foresaid Sum of 20000 l. more of like Money if their Affairs will admit the same for the security of this Common-wealth in the supply of the present Affairs in Ireland which the said Lords and Commons do take in very good part and being resolved to make a full and just satisfaction for the same do hereby declare that the said Sum of 30000 l. and such Sum and Sums as they shall further advance and lend as aforesaid shall be fully satisfied and paid unto the said Company of Merchant Adventurers into the hands of their Treasurer for the time being with Interest after the Rate of 8 l. per cent for a Year out of such Moneys as shall be next raised by Authority of Parliament To which Ordinance the Lords agreed Then the Lord Keeper informed the House The Act for the Captives at Argiers and for pressing Marriners passed by Commission That the Commission was come signed by his Majesty for giving the Royal Assent to two Bills one for pressing of Marriners the other against Pyrates Then the Lord Keeper the Lord Great Chamberlain and the Earl of Cumberland three of the Commissioners being sate upon a Form for a-cross the House between the Chair of State and the Lord Keeper's Wool-sack the Gentleman-Usher of the Black-Rod was commanded to go for the House of Commons who being come with their Speaker the Lord Keeper acquainted the Lords and Commons That his Majesty having such occasions as he could not come to this House to give his Royal Assent to the Two Bills in Person hath given a Commission under the Great Seal of England the Contents whereof was read openly which being done the Clerk of the Crown was commanded to read the Titles of the Bills severally in haec verba viz. An Act for the freeing of the Captives of Argier and to prevent the taking of others An Act for pressing of Marriners and Soldiers for the present Guarding of the Seas and the defence of his Majesties Dominions Which being done the Clerk of the Parliament pronounced the Royal Assent to them particularly and severally in these Words Le Roy le Veult And then the Commons returned to their House After this the Lord Keeper Reported the Conference yesterday to this Effect The L. Keeper's Report of the Conference concerning Bagshaw's Information That the House of Commons received Information concerning divers Forces of Horses and Armed Men in a Warlike manner which have been seen at Kingston and afterwards at Windsor and now gone towards Farnham and that Yesterday about 100 Men were met going from London towards Windsor Armed with Pistols and Waggons were going towards Windsor laden with Ammunition The House of Commons say this causeth much wonder at this time all at Peace and a Parliament sitting that such Forces should be Levied therefore they desire that it may be declared by both Houses That whosoever shall raise Forces at this time without Consent in Parliament may be esteemed Enemies and Disturbers of the Peace of the Kingdom and that both Houses will take care to suppress them and likewise the House of Commons desire That a Message be sent to the King to this purpose and to acquaint his Majesty that both Houses of Parliament will be very careful of the Publick Peace and that they hold it against the Law any Forces should be so levied And further the House of Commons acquaints their Lordships That the Lord Digby hath been with the Soldiers at Kingston and given them thanks in the King's Name and told them That his Majesty came out of London to keep them from being trampled in the dirt therefore they desire that the Lord Digby may be summoned to attend this House forthwith Hereupon it was Ordered Order to Summon the Lord Digby to attend the House of Lords That the Lord George Digby shall be Summoned forthwith to attend this House as a Peer of this Realm and hereof he is not to fail Directed to the Gentleman-Usher attending the House of Peers It will be worth the Readers while to cast his Eye a little back upon the Information of Bagshaw of Windsor upon which Foundation all this Conference was built and as there is little doubt but Bagshaw saw double so the Commons looked through their usual Multiplying Glass and saw his single Waggon of Ammunition turned into Waggons and those few Soldiers which he only by Report heard to be at Windsor were Multiplied into an Army But they had a Design now behind the Curtain of seizing the Militia into their Hands either with or against the King's Consent to which this noise of raising Forces by the Lord Digby was to contribute by heightning and swelling the Peoples Fears and Jealousies throughout the Nation in order to smooth their Way to this great Design upon which these Criminals of the Faction built their own Security though they pretended the Safety of the Nation But that I may give all the light I can possibly into this Affair which filled the City and Nation with Terror and Amazement I will present the Reader with the Lord Digby's Apology which besides the clear account it gives of this Kingston Army will also let in some light into other dark and obscure passages both before and after this time and will set the Arts and Intrigues of the
And truely they had some reason to do so for certainly this was a direct Levying of War being absolutely without the King's knowledge privity or consent and from this Period ought to be Dated the actual Rebellion which manifestly proves the Faction to be the Aggressors A Message was brought up to the Lords by Mr. Nathanael Fiennes 1. To desire that their Lordships would give dispatch to the Scots Propositions 2. To the Bill for a Contribution for Ireland 3. To let their Lordships know Message concerning adjourning to Grocers-Hall c. That the House of Commons do resolve to Adjourn their House till Thursday at Eight of the Clock and had appointed in the mean time a Committee whereunto all that would come should have Voices to sit in London at Crocers-Hall and have given them a large Power 1. Concerning the Safety of the Kingdom 2. Concerning Priviledges of Parliament 3. The Affairs of Ireland 4. Concerning the setling of the present Distempers And the House of Commons desire That if their Lordships think so fit that they would appoint a like Committee and that their Lordships would give them power to meet and confer with the Committee of the House of Commons 4. The House of Commons desires That the Committees for Ireland might meet there if their Lordships think it fit 5. That the Committee that their Lordships have appointed to take Examinations upon Oath as also the Committees appointed to draw a Petition to his Majesty concerning the Breach of Priviledges might likewise sit there Order of the Lords for adjournment to Grocers-Hall if their Lordships think fit To all which their Lordships consented as appears by this their Ensuing Order Ordered That the Committee for the Irish Affairs shall meet at Grocers-Hall on Tuesday the 18th of this Instant January at Nine of the Clock in the Morning and that they shall have Power to Treat and Debate concerning the Safety of this Kingdom the Priviledges of Parliament the Affairs of Ireland and the setling of the present Distempers and to take into Consideration his Majesties Message sent to both Houses And likewise that the Committee to take Examinations upon Oath may be there as also the Committee appointed to draw a Petition to his Majesty concerning breach of Priviledges and to consider of all means for vindicating the same And it is further Ordered That all the Lords may be present at the said Committees and have Votes and every of them shall have Power to Debate among themselves and with the Committee of the House of Commons and to call all Persons whom they shall think fit before them and likewise to Adjourn from time to time and from place to place as they shall see Cause and the Votes and Results of the Committee to Report unto this House This Adjournment was to keep up the belief that they did not sit in safety at Westminster and to countenance the attempt upon the Militia at which they were now driving might and main Still Sir John Byron the Lieutenant of the Tower was a great Beam in their Eye and therefore to get possession of the Tower they had perswaded several Merchants and others to Petition against him and that it was framed by the Artifice of the Faction the wording of it and the Answers of the Petitioners make apparent for they speak the same Language the Commons had taught them at the last Conference for this purpose with the Lords For a Message was brought up from the House of Commons by Sir Henry Vane Junior to this Effect That the House of Commons having by divers Conferences expressed unto their Lordships the just causes of Fears and Jealousies that are in the City by reason of Sir John Byron 's being Lieutenant of the Tower of London which caused the House of Commons formerly to desire their Lordships to joyn with them to Petition the King that he might be removed from that Place which their Lordships thought not fit to joyn in then Now the House of Commons present to their Lordships a Petition delivered to them from divers Merchants and Goldsmiths of London that have great store of Bullion in the Tower and have divers Ships laden with Bullion lately come into the River and by reason of the Fears and Jealousies they have of the now Lieutenant of the Tower they forbear to bring in their Bullion as may appear by the Petition which was read in haec verba To the Honourable Assembly of the House of Commons in Parliament The Humble Petition of the Merchants and Goldsmiths Traders to His Majesties Mint with Foreign Bullion and Coin Sheweth THat many Jealousies and Fears have risen in your Petitioners Merchants and Goldsmiths Petition against the Lieutenant of the Tower Jan. 17. 1641. by reason of the sudden Removal of that worthy Gentleman Sir William Balfour Lieutenant of the Tower and that the same is now Commanded by one of whom we have not that satisfaction as formerly we have had Your Petitioners therefore in all humility tender this considerable Request to this Honourable Assembly That there may be such a Lieutenant there-placed it being a Place of so great Trust and Considence as shall be thought fitting by this Honourable Assembly which undoubtedly will not only cease our Fears and Jealousies in these distractive times but will occasion us to continue all possible incouragement to our Correspondents beyond the Seas that the Importation of Bullion and Coin of which great quantity is newly arrived in Spain may have its free Course as in former times to the wellfare of Trade in general And Your Petitioners shall pray c. Henry Futter David Otgher Nic. Corsellis Abra. Fortry Diericke Ooste with several others The House of Commons upon this do desire that their Lordships would joyn with them humbly to Petition the King That Sir John Byron Knight now Lieutenant of the Tower of London may be removed and Sir John Conyers recommended to his Majesty from both Houses for that place Whereupon the Merchants and Goldsmiths that Exhibited the aforesaid Petition to the House of Commons presented another verbatim the same to the Lords which being read the House fell into Debate of it and they were called in and asked these Questions by the direction of the House 1. What number of Merchants and Goldsmiths besides themselves brings in Bullion to the Mint To which they Answered Sir Peter Riccaut and a few more but no great number 2. What reasons they have for their Fears and Jealousies of Sir John Byron Lieutenant of the Tower and why they forbear to bring in Bullion to the Mint They had Conn'd their Lesson perfectly and therefore said That they heard that he hath disobeyed the Orders of both Houses of Parliament when he was sent for to come and attend them Also that he is a Gentleman unknown to them and they desire to have such a Lieutenant put in as the Parliament approves of But the Lords it seems easily saw
both kept these Persons under the Terror of their Lash and also justified their own Proceedings in being so merciful to take Bail for such Persons as by this means were though never so Innocent still reputed Guilty and obnoxious to the Justice of the Parliament After this there were several Declarations read and the last mentioned concerning putting the Kingdom into a posture of Defence which was now the great Affair upon their Hands And in Order to the better accomplishing of it An addition to the Committee for putting the Kingdom into a Posture of defence Mr. Martin Mr. Sam. Brown Sir Gilbert Gerrard Sir Walter Earl Sir Tho. Bowyer Sir Robert Pye Sir John Holland Lord Fairfax Sir Hen. Heyman Mr. Seldon Mr. Bodville Sir John Evelyn Sir Tho. Barrington Sir Arthur Ingram Sir Tho. Widdrington Mr. Hill Mr. Rigby were added to the Committee appointed to consider of putting the Kingdom into a Posture of Defence A Committee was also appointed to examine Captain Legg concerning the Commission and Instructions which he carried down concerning the securing the Magazine of Hull Thanks to the Inhabitants of Bucks for their readiness to suppress the Kingston Forces It was also Ordered this Day That the Knights of the Shire for the County of Bucks do return Thanks to the Sheriff Justices of the Peace Gentry and Free-Holders of the County of Bucks that have prepared themselves in a readiness to suppress the Forces informed to be at Kingston and to acquaint them that this House is informed those Forces are dispersed and therefore that at this time there is no need of their coming out of their County Then it was Resolved c. and accordingly Ordered That Mr. White Master of the Ship lately come from Berwick by Order of the House of Commons with Arms and Ammunition and under their Pay shall fall down the River with the Ship somewhat beyond the Command of the Tower and no further and that if any Person shall offer to take away the Arms and Ammunition out of the said Ship that then he shall call to him the assistance of Saylors and other Persons for the keeping of the same till further Order of the House of Commons They were perpetually urging the King for Arms and Ammunition out of the Tower and other Stores for Ireland yet a thought never entred into their Heads to send this Ship with her Lading away for a present Supply which certainly they would have done had they not been really solicitous to exhaust the King's Stores rather than to relieve Ireland and this was also to countenance the Fears and Jealousies of the Lieutenant of the Tower in Order to have him displaced The Lords having appointed a Committee of 21 Lords to consider the matter of Breach of Privileges Sir Henry Vane Mr. Pym Mr. Hollis Sir Phillip Stapleton Sir Hugh Cholmeley Mr. Whitlock Mr. Grimston Mr. Chancellor of Excheq Sir John Evelyn Sir Robert Coke Sir Benjamin Rudyard Serjeant Wild Sir Walter Erle Sir Thomas Barrington Mr. Prideaux Mr. Sollicitor Sir Samuel Rolle Mr. Nath. Fiennes Mr. Hampden Mr. Arthur Goodwin Mr. Cage Mr. Rouse Lo. Falkland Lo. Gray Lo. Wenman Mr. Rogers Mr. Selden Mr. Lav. Whittacre Sir John Potts Mr. Reynolds Mr. Palmer Committee to consider of breach of Privilege Sir Tho. Bowyer Mr. Kirton Mr. Martin Mr. Long Sir John Hotham Sir John Holland Mr. Strode Mr. Glyn Mr. Rigby Sir Guy Palmes Sir Ralph Hopton Mr. Brown Mr. Vaughan Sir Ed. Patherich were appointed a Committee to joyn with the Lords for that purpose and to frame a Petition to his Majesty The Committee which was appointed to be present at the Lords House at the Bishops giving in their Answer were Mr. Glyn Serjeant Wild Mr. Samuel Brown Mr. Rigby Mr. Reynolds Mr. Prideaux Mr. Palmer Mr. Whistler Sir Tho. Widdrington Mr. Lisle Mr. Hill Mr. Grimston Mr. Sollicitor Mr. Peard Mr. Bagshaw Mr. White The last of which a most bitter Enemy of the Loyal and Orthodox Clergy took occasion to display his malice against them in this following Speech Mr. Speaker Mr. White 's Speech against the Bishops Jan. 17. 1641. BY woful experience we have been sensible of the great evils committed by ill affected persons to the peace and security of the Kingdom producing thereby these dangerous and troublesome times * * even such as this speech maker even such are the troubles that this whole Nation and the other his Majesties Kingdom 's is fallen in to and lies groaning under that we have not felt the like in this Land never since the civil divisions between the two Houses of York and Lancaster or Barons wars were on foot in the same nay let these troubles of our times be compared with them * * Never a truer word spoken they are of far more dangerous consequence there was in those days onely the sword to decide the controversies no other place chosen for that purpose but the field in a Warlike and Couragious manner In these our divisions we have adversaries of no courage or magnanimity that rise against us only subtil and treacherous spirits lying in their Cabinets and keeping themselves close in their stately buildings their devising on divellish and hellish stratagems to be put secretly in Execution for our Destruction as powder-plots fiering privately of Towns nay Cities if their endeavours might have success according to their desires which strikes us with amasement and continual fear of our safety in our own habitations and places of livelyhood we cannot discern so corrupt are the hearts of most men who scarce to converse inhabit or eat withal so malicious is Satan working in his instruments in whom he dwells and over whom he altogether Reigns and Rules to bring to pass his own ends that he works by no ways but by practising of unheard or unconceived of Plots amongst Christians as by Sorcery Witchcraft Poisoning and the like these inventions can we not be aware of A man seeing his Enemy and knowing him to be so may use means either to resist or flie from him thereby to save himself but being in place unsuspected to meet an Enemy pretending himself a Friend or at least not knowing or conceiving him to be his Enemy how can he be secure how can he defend himself or Preserve himself from his Malice or Destruction these times are now filled with such malignant Spirits devoted altogether to the service of the Divel labouring by all means to bring confusion and desolation on all the opposers or not complyants to their wicked designs Mr. Speaker having presented to your considerations the manifold dangers and troubles we sustain by these practises of malignant persons I presume humbly to present to your view the Authors of the same their practices to compass their desires and the means to avert and remedy the same which I desire you to consider of and apply the same as to your Judgements and Wisdoms shall seem requisite The greatest and chiefest
this House Mr. Cromwell Cromwell an Informer afterwards the infamous Usurper and Mr. Walton two Members of the House informed against a Gentleman of Huntingtonshire for Words of a high and dangerous Consequence whereupon it was Ordered That Mr. Speaker shall grant forth his Warrant to bring the Gentleman in safe Custody that spake the Words and likewise an Order to Summon the Informer their Names being first made known unto him by Mr. Cromwell and Mr. Walton After which by Vote upon the Question the House did adjourn it self till Thursday morning next at 8 of the Clock But leaving the Faction in England for a while driving on towards a Rupture with the King Let us see how the Affairs of their Brethren in Rebellion in Ireland proceeded And first I will present the Reader with a List of the principal Rebels which I found among the Papers in the Clerk of the Commons House of Parliaments Office which was as follows The Names of the Chieftains and Septs of the meer Irish who have taken Arms in Ireland and rebelled against his Majesty and the Crown of England in the Province of Vlster SIr Phelomy O Neil A List of the principal Persons in the Rebellion in Ireland called by the Irish Phelony Roe O Neil Captain General of all the Rebels and Chieftain of the O Neils O Hagaus O Quyus O Mellaus O Hanlous O Corrs Mac Cans Mac Cawells Mac Enallyes O Gormeleyes and the rest of the Irish Sept in the Counties of Tyrone and Ardmagh Tirlagh O Neil Brother of the said Sir Phelomy is his chiefest Councellor and is a very sad Man well seen in the Laws of England which he Studied in Lincoln's-Inn and was of good repute there Both these are extracted from Con More O Neil the Father of Con Bacagh O Neil the first Earl of Tirone whereby Sir Phelomy is reputed by the Irish to be the rightful O Neil with Title and Appellation with the Dignities and Jurisdiction conceived to belong thereunto of Old he hath now assumed Captain Rory Maguire Brother of Conner Lord Maguire Lord Baron of Empkilm and Donoghbane Maguire their Vncle are Chieftains of the Maguires and all other the Irish Septs in the County of Permanagh he is of a Cruel and Bloody Disposition and hath shed much English Blood as is reported Brian Mac Collo Mac Mahon Brian Mantagh Mac Mahon and Neil Mac Kenna of the Trough are Chieftains of the Mac Mahon's Mac Kenna's Mac Ardells O Connellies the O Duffies and all other the Irish Septs in the County of Monoghan the former of those three is a soft elderly Man the two latter are Young and Rude though each of them hath been brought up to Civility and Learning being Wards to the King 〈…〉 Inquire of the Lord Blaney more particularly who are the most Eminent Men of those Rebels of Monoghan Sir Con Magenys Knight and his Brother Daniel Sons of â—ld Sâ—r Arthur Magenys late Lord Viscount Iveagh and Vncles of the now Viscount are Chieftains of the Magenysses Mac Cartans and all the other Irish Septs in the County of Down Philip Mac Hugh Mac Shane O Rely is Chieftain of the O Relyes O Gownes Mac Cabes Mac Echies the Bradies and all the other Irish Septs in the County of Cavan This Philip Mac Hugh Mac Shane O Rely for his Estate and Parts is made Chieftain but Edmond O Rely is the chiefest of the O Relyes and Edmonds Brother Philip Mac Mullmore O Rely is a more active and experienced Man and hath done some Courtesies to the Distressed English for which they say he is made Prisoner by the other Philip but it is more probable there is Emulation between them Mullmore O Rely Son of the said Edmond being Sheriff of the County of Cavan when the Rebellion began and commanded all the Country in the King's Name by vertue of his Office to rise and take Arms and continueth still a Captain of the Rebels Shane Mac Philip Mac Mullmore O Rely Son of the said Philip Mac Mullmore O Rely is a Captain of the Rebels Tirlagh O Neil Grandson of Sir Tirlagh Mac Henry O Neil and the Son of Hugh Boy O Neil whose Name Sir Faithful Fortescue knoweth are Captains of the O Neils of the Fues a Baroni in the County of Ardmagh within six Miles of Dundalk in the County of Louth which Town was never taken by the Rebels in any former Rebellion but now is surprised by the O Neils of the Fues The Lords Justices and Council finding the Storm grow every day Louder and more Threatning dispatched fresh Letters of Advice to England to give an account of their Affairs particularly this following to the Lords of his Majesties Privy Council May it please your most Honourable Lordships SInce our last dispatch to the Lord Lieutenant A Letter from the Lords Justices Council in Ireland to the Lords of the Privy Council in England Nov. 5. 1641. Dated the 25th of October concerning the present Rebellion begun there the Rebells have with great Multitudes proceeded in their out-rages even to great cruelty against the English and Protestants in all places where they came They have Seized the Houses and Estates of almost all the English in the Counties of Monoghan Cavan Fermanagh Armagh Tirone Donegall Letrim Longford and a great part of the County of Downe some of which are Houses of good Strength and dispossessed the English of their Arms and some of the English Gentlemen whose Houses they Seized even without any resistance in regard of the suddenness of their surprise the Rebels most Barbarously not only Murdered but as we are informed hewed some of them to pieces They Surprised the greatest Part of a Horse Troop of his Majesties Army commanded by the Lord Grandison in the County of Armagh and possessed themselves of their Arms. They apprehended the Lord Caulfield and Sir Edward Trevor a Member of this Beard and Sir Charles Pomtes and Mr. Branthwait Agent to the Earl of Essex and a great number of other Gentlemen of good Quality of the English in several Parts whom they still keep Prisoners as also the Lord Blayney's Lady and Children and divers other Ladies and Gentlewomen They have wasted destroyed and spoyled wheresoever they came and now their fury begins to threaten the English Plantations in the Queens County and Kings County and by their Example the Sheriff of the County of Longford a Native and Papist is likewise Risen in Arms and followed by the Irish there where they Rob Spoyl and Destroy the English with great Cruelty In these their Assaults of the English they have Slain many Robbed and Spoyled thousands reduced men of good Estates in Lands who lived Plentifully and well to such a condition as they left them not so much as a Shirt to cover their Nakedness They turned out of their Estates many of considerable Fortunes in Goods and left them in great want and misery and even the Irish Servants and Tenants of
fruition of your future favours The fixion our Confidence in you before any other of the Peers and privy Councellors of the Kingdom doubleth this Obligation Your Lordship may therefore be pleased to acquaint the Lords Justices and Councel to be imparted unto his Sacred Majesty with our Grievances and the causes thereof the reading of which we most humbly pray and the manner of it First the Papists in the neighbouring Counties are severely puniâ—â—ed and their miseries might serve as Beacons unto us to look unto our own when our Neighbours Houses are on fire And we and other Papists are and ever will be as loyal Subjects as any in the King's Dominions For manifestation whereof we send herein inclosed an Oath solemnly taken by us which as it received indelible Impression in our hearts shall be sign'd with our hand and seal'd with our Blood Secondly There is an incapacity in the Papists of Honour and the Immunities of true Subjects the royal Marks of distributive Justice and a disfavour in the Commutative which rais'd Strangers and Forreigners whose valour and vertue was invincible when the old Families of the English and the Major part of us the meer Irish ddi swim in blood to serve the Crown of England and when Offices should call Men of worth Men without Worth and merit obtain them Thirdly The Statute of the 2 Eliz. of force in this Kingdom against us and they of our Religion doth a little disanimate us and the rest Fourthly The avoidance of Grants of our Lands and Liberties by Quirks and Quiddities of the Law without reflecting upon the Kings Royal and real Intention for confirming our Estates his Broad Seal being the pawn betwâ—â—t his Majesty and his people Fifthly The restraint of purchase in the meer Irish of Lands in the Escheated Counties and the taint and blemish of them and their posterities doth more discontent them than that plantation Rule for they are brought to that Exigent of poverty in these late times that they must be sellers and not buyers of Land And we conceive and humbly offer to your Lordships consideration Principiis obsta that in the beginning of this Commotion Your Lordship as it is hereditary for you will be a Physitian to cure this Disease in us and by our Examples it will doubtless beget the like auspicious scucess in all other parts of the Kingdom For we are of opinion it is one sickness and one pharmach will suffice Sublata causa tollitur Effectus And it will be recorded that you will do service unto God King and Countrey And for salving every the aforsaid Soars your Lordship is to be an humble Suitor in our behalf and of the rest of the Papists that out of the abundance of his Majesties Clemency there may be an Act of Oblivion and general pardon without restitution or Account of Goods taken in the time of this Commotion a liberty of our Religion a repeal of all Statutes formerly made to the contrary and not by Proclamation but Parliamentary way A Charter free Denizen in ample manner for meer Irish All which in succeeding Ages will prove an Union in all his Majesties Dominions instead of Division a Comfort in Desolation and a Happiness in perpetnity for an eminent Calamity And this being granted there will be all things Quae sunt Caesaris Caesari and Quae sunt Dei Deo And it was by the Poet written though he be prophane in other matters yet in this prophetically Divisum Imperium cum Jove Caesar habet All which for this present we to leave your Honourable Care And we will as we ever did and do remain Your very humble and assured ever to be Commanded Hugh mac Gillernow Farrall James Farrall Bryan Farrall Readagh Farrall Edmond mac Cael Farrall John Farrall in Carbuy Garret Farrall Lisagh mac Conel Farrall Bryan mac William Farrall James mac Trig Farrall his Mark Morgan mac Carbry Farrall Donnagh mac Carbry Farrall Richard mac Conel Farrall William Mac James Farrall James Farrall Taghna mac Rory Farral Cormack mac Rory Farrall Conock mac Bryne Farrall John mac Edmund Farrall John Farrall Roger mac Bryne Farrall Barnaby Farrall Redeagh mac Lisagh Farrall Connor Oge mac Connor Farrall Edmond mac Connor Farrall Cahel mac Bryne Farrall Before the Parliament broke up the Popish Lords deputed the Lord Dillon to go into England to carry over their Desires to the King and to represent the Means which they thought fittest for the suppressing of the Rebellion and he with the Lord Taaf imbarqued for England but by stress of Weather the Vessel was driven into Scotland and they took their way by Land for London But the Parliament having notice of their coming they were by Order of the Commons seized upon and brought up in safe Custody and all their Papers searched and Examined So unwilling it seems was the Faction that any Address should be made to the King or that any Steps should be made towards the reducing that Kingdom to his Majesties Obedience by any sort of Treaty or Accommodation By this procedure though they gained upon the good Opinion of the People whose favor they most industriously courted and to whom nothing sounded more pleasant then what seemed to express a Hatred and Detestation of the Irish Rebellion and Religion yet certainly was it a means of running the Rebels into such Extremities as dispair of Mercy are wont to produce in those who have transgressed the Bounds of Law and Duty and know their Lives and Estates without it to be forfeited to Justice But for the better understanding of this and some other Particulars the Reader may peruse the following Extracts of some Letters from the Board in Ireland which I found among the old Papers of the Clerk of the Parliaments Office Extract of a Letter of the Lords Justices and Council of Ireland to the Lord Lieutenant dated the 25th of November 1641. THe Rebels in the County of Wexford increasing daily Extract of divers Letters of the Lords Justices Council of Ireland to the Lord Lieutenant received the 6 of December by Mr. Fitz-Girald read Dec. 10. 1641. have taken the Castles of Arickloe Limbrick the Lord Esmond 's House and Fort-Chichester places of good Strength and Importance The Rebels also in the County of Wickloe have laid Siege to his Majesties Castle of Wickloe those in that Castle were in fight with them Yesterday what the issue is we yet hear not and some of those Rebels in the County of Wickloe have dared to come within four Miles of this City and swept away great droves of Cattle And in both Counties as well Wickloe as Wexford all the Castles and Houses of the English with all their substance are come into the hands of the Rebels and the English with their Wives and Children strip'd naked and banished thence by their fury and rage The Rebels in the County of Longford do still increase also as well in their Numbers as in their
Violence The Ulster Rebels are grown so strong as they have sufficient Men to leave behind them in the places they have gotten Northward and to lay Siege to some not yet taken as Emiskillin in the County of Fermanagh and Agher in Tirone and yet to come many thousands to besiege Drogheda in view whereof within 3 or 4 Miles they have stood with their Colours flying since Sunday the 21st of November expecting more Forces from Cavan and that way to gird the Town round about They have already taken Mellifont the Lord Moor 's House though with the loss of about 120 Men of theirs and there in cold blood they murdered Ten of those that manfully defended that place We hear also that the whole County of Lowth both Gentry and others are joyned with the Rebels and that the Sheriff and John Bellew Esq is likewise with them this County being one of the five of the English Pale having formerly still been true to the Crown In the County of Meath also being the most considerable of the five all the Common People and many of the younger Sons of the Gentry beyond the River of Boyne Twenty Miles from Dublin do either joyn with the Rebels or otherwise rob and spoil the English Protestants till within Six Miles of Dublin We sent to Drogheda 1100 Foot and 3 Troops of Horse and caused Four other Foot Companies to be raised there and this day we send thither 600 Foot more raw Men and unexperienced and another Troop of Horse And we provide the best we may for the defence of this City yet most of the Men we have are not Trained nor Exercised and many of them are Irish for others we have not and we fear that when we come to blows many of those will forsake their Commanders and side with the Rebels as they have done in the Counties of Cavan and Wickloe where of Companies of 40 Men of our Soldiers not above six or seven stayed on our side but took part with the Enemy Our main indeavour is to preserve this City and Castle for his Majesty The Rebels have now framed an Oath which they Administer to all that joyn with them the Copy whereof you have here inclosed as it was taken out of some Copies scattered abroad for all Mens view To conclude we renew our Suit for our Supplies of 100000 l. in Money 10000 Foot and 1000 Horse in present and Arms and Munition for them and for the Stores and Places of Defence not yet lost and that so much Money Men and Arms as are already gotten may be sent onward and the rest to be sent after and that the third part of the Shot be Callivers and the other two parts bastard Muskets as more suiting with the Service of this Kingdom and if those Supplies be not immediately sent away the Kingdom will be in danger to be lost Extract of a Letter of the said Lords Justices and Council of the 26th of November to the said Lord Lieutenant WE have received information That the Lord Viscount Dillon who Two Months since was admitted to be a Member of this Board and is now imployed by the Lords House of Parliament here to attend his Majesty carries along with him or is to have sent after him some Writing Signed by many Papists of the Nobility and Gentry of this Kingdom which Writing as we are Informed contains a profession of Loyalty to his Majesty and an offer of themselves by their Power to reprieve this Rebellion without Aids of Men from England which if there be any such his Lordship though a Member of this Board hath not Communicated with us the Justices who ought to be made acquainted with what may have Relation to the Safety of the Kingdom But if the Lord Dillon 's Counsel shall tend any way to stay the Succours intended to be sent us out of England or to entertain his Majesty with a belief that those here will raise sufficient Force to reduce this Kingdom we humbly beseech leave to declare our Opinions herein That is that if our expected Succours from England be kept from us undoubtedly the English and Protestants of this whole Kingdom will be either put to the Sword or be forced to forsake the Kingdom and the sole Power and Sway in all Magistracy must necessarily fall into the hands of the Irish which will at their own pleasure shake off the Government of England and set up their Idolatrous Religion and prove the most dangerous Enemies to England We do confide so much in the Wisdom of His Majesty and the Parliament of England and your Lordships prudent Conduct of a matter so highly importing the State as that they will not to save a little charge expose both Kingdoms to such Dangers after the expence of so much English Blood and Treasure as hath been spent to gain this Kingdom nor will the charge be lost in overcoming this Rebellion by the Wisdom and Valour of England when it shall be abundantly recompenced not only in the settlement of a more firm Peace and Safety to England but also in raising a greater and more considerable Revenue here to the Crown then formerly out of the Estates of the Authors of the mischief The Rebels keep from us all Accesses to our Markets to starve us as they say nor can we help it for want of Men to send abroad several ways So it will be absolutely necessary that the Magazine of Victuals on the English Sea-Coasts on this side be fully stored with all speed that Supplies be hastened hither to Dublin A Regiment of a 1000 Men raised in Munster by Colonel Garret Barry for Spain was Commanded to Disband by the Lord President but they continue still as they were increasing in their numbers We have not yet sufficient force to compel them and it is doubted that he expects there some Arms from Foreign Parts so as it appears necessary that the Shipping designed for guarding those Coasts be hastened away speedily Extract of a Letter of the Lords Justices and Council to the Lord Lieutenant Dated the 27th of November 1641. WE hear that some have given out that our Dangers here are not so great as we declare which misinformations if they should gain credit there might cause the lessening or retarding our Supplies which perhaps may be the aim of those that have so misinformed if any can be so wicked and though we hope that such reports cannot be of equal value or estimation with the joynt representations of this State yet we crave leave to declare that the Rebellions are such and so great as we have formerly represented and far more dangerous then Words can express and we affirm That if those Supplyes come not speedily the Danger will be found far more lamentable to both Kingdoms and we beseech that no Credit be given to the contrary The Disturbances are now grown so general that in most Places and even round about this City within 4 Miles of us not the
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
confident that we cannot be so deserted by the State of England but that some supplies may yet come unto us And therefore on the third of December we directed our Letters to divers of the Nobility of the Kingdom who were nearest to us and most of them being of the English Pale to be with us here on the eighth day of this Month that we might confer with them concerning the present state of the Kingdom and we hoped by their help to handle the matter so as we might gain a few days time before our surprisal here by which time in all likelihood our Succours might arrive although it be boldly given out by the Rebels that we shall have no Succours from thence which they divulge to embolden their party and to strike terror and discouragement into the well-affected amongst whom there are many so weak as to apprehend from thence too much fear whereby many are fled the Kingdom On the eighth day of the Month the Earl of Kildare the Lord Viscount Fitz Williams and the Lord Baron of Houth came unto us but the rest of the Noblemen not coming deferred our conference and on the eleventh day of this Month we received Letters from seven of them namely the Earl of Fingale the Lord Viscount Gormanston the Lord Viscount Nettervile and the Lords of Slaine Trimblestone Dunsany and Lowth dated the seventh day of this Month and signed by them pretending a fear of a Massacre on those of their Religion and that therefore they are deterred to wait on us but do rather think it fit to stand upon their guard and how that resolution of theirs may stand with the Loyalty they profess we humbly submit to your Majesties Excellent Judgment for whose Royal View we send you here inclosed a Copy of their said Letters When we received those Letters we did admire whence their fears of coming to us should arise but afterwards we heard that they had been in consultation with the Rebels which also as to most of them is confirmed by the enclosed Examination of Christopher Hampton and indeed we know no cause of fear they have of us unless their own guilts begot in them the fear they pretend and they spare not though unjustly to charge us with a neglect of their advices whereas not one of them to this House offered to us any advice or real assistance towards Pacification of these troubles It became then publick nor could we keep secret that which they had published to others that those Noblemen so far sided with the Rebels as they now stood on their guard we therefore adjudged it fit for vindicaning the State from the aspersion which we found so publickly endeavoured to be laid upon us to publish the enclosed Proclamation as well to satisfie the world as those Noblemen who certainly are abundantly satisfied in their own secret thoughts that we never intended to Massacre them or any other that being athing which we and all good Protestants do much abhor whatever the practice of their Religion is and hath been found to be by woful experience in other parts whereof we confess we are now in great danger if our long expected Succours come not the sooner to us and it may be gathered from that unexampled Tyranny which the Rebels have already exercised towards those of our Nation and Religion who fell into their hands what we for our parts may expect from them but the dishonour and shame which may reflect upon the English Nation by exposing this State and Kingdom to so apparent ruin and with it the extirpation of Gods true Religion afflicts us more than the loss of our own lives and fortunes when all might be saved by sending seasonably those Succours We lately received Letters from the Lady Ofaly and a Letter containing most insolent Menaces inclosed therein sent her from the Rebels to which she sent them a Noble Answer Copies whereof we send here inclosed One of the Rebels stiling himself Chaplain Major and Overseer of the Coasts and Harbours lately sent a Summons in a proud and vaunting manner to one Edward Leech that was entrusted to keep the Island of Lambay requiring the delivery up of that Island to the Rebels which being done he gave Leech a Pass wherein he stiles the Rebels Forces the Catholick Army A Copy of which Summons and Pass we send your Lordship here inclosed and Leech told us that that mighty Chaplain declared openly to him That he was Plotter of this Rebellion That he had spent in Travel and Prosecution of that design beyond Seas four thousand pound and that all the Kings in Christendom excepting the King of England and the King of Denmark have hands in this business A Castle in the Town of Longford held by the English who stood out a while against the Rebels being in the end through want of victuals necessitated to be rendered up to them upon promise of quarter a Popish Priest standing with his Skean in his hand watching for the coming forth of a Minister then amongst the English did by thrusting that Skean into the Ministers guts and ripping up his belly give that as a signal to the Rebels for falling upon the rest of the English which they did accordingly as soon as the Minister was murdered killing some and hanging the rest most perfidiously On the ninth of this Month we received advertisement that great numbers of men were gathered together in Warlike manner at Swoords in the County of Dublin within six Miles of us they having the Army of the Rebels behind them on this side Drogheda whereupon we then immediately sent out our Warrant commanding them to disperse A Copy whereof we send your Lordship here inclosed which was not obeyed but a Letter sent us from Luke Netterville Son to the Lord Viscount Netterville and others of them A Copy whereof we likewise send here inclosed whereupon we published the inclosed Manifest for vindicating this State from their aspersions also And it is observable that those Gentlemen at Swoords could even on that very Tuesday Night wherein they alledge they were so affrighted at their Houses assemble twelve hundred Men together in that Moment of time to have in readiness against any Attempt from the State whereas for many Days before they could sit still and look on whilst an Army of the Enemy lay behind them betwixt them and Drogheda and whilst some of them openly declared Rebels and many of their Neighbours who doubtless hold underhand Intelligence with the Rebels robbed and spoiled the English on all Parts round about them and yet those Gentlemen could not in all that time be either so affrighted by the Rebels or so compassionate of their poor English Neighbours as to assemble any men for the defence of themselves or those their poor English Neighbours and certainly those Gentlemen might have been as believing in this State who have always used lenity and mildness towards them as in the Forces of the Rebels which lie so
Moneys by reason of these Troublesome Times but on the receipt of your Secretaries Letter to the Commissary we shall receive the Over-plus of the Monies which was appointed for the Horse which is 240 l. which will help us a little but if there is not some Monies now on the Way for us I doubt the Soldiers will disband suddenly I shall beseech your Lordship to put the Irish Committee in mind of their promise for Coats and Caps Shoes and Stockins for the Soldiers it is very needful and will be very advantagious for the Service if the Soldiers have them and by promise from us are expected by the Soldiers The Officers that are wanting at this present of your Lordships Regiment besides those that are wanting with their Companies is Capt. Snelling Lieutenant Palmer Captain Bois 's Lieutenant and Ensign Smith Captain Turvil 's Ensign I understand by my Lord Lisle that one Mr. Morrison is to be your Lordships Ensign who came this day to Chester I shall desire with your Lordships next Commands I may understand what quantity of Ammunition we shall carry from hence with us into Ireland or if we should be stayed here by contrary Wind what Ammunition you will be pleased to allow us weekly for Exercising desiring your Lordships pardon for being so tedious I humbly take my leave Your Lordships most humble Servant to be Commanded George Monck Chester 21 Jan. To his Excellency the Earl of Leicester L. Lieutenant of Ireland these present at Leicester-House in St. Martin's-Fields In this distressed Estate stood the Affairs of these miserable Kingdoms Scotland recovered from those Rebellious Commotions raised by the Presbyterian Faction by Remedies that proved more Fatal to the King then the Disease Ireland all in a Flame and England by the prevalency of the same Faction which had raised the disturbances in Scotland ready to follow their Example and to pursue their Model of Reformation by the same wicked Courses of Religious Dis-obedience and Rebellion in which Condition I must at present leave them till such time as it shall please God to give me ability and opportunity I may after some little necessary Refreshment pursue this Laborious work in perfecting the Remainder of these Historical Collections FINIS A TABLE Of the principal Matters in this Second Volume A. ANswer of the King to the Commons request about his Servants 231. Concerning the Irish Acts 421. About disbanding the Horse 429. To the reasons for staying his Journey to Scotland 434. To the Speech of the Recorder of London 676. To the Petition of both Houses about Guards for the Parliament 685 833. To the Petition of the Aldermen c. at Hampton Court 712. To the Petition accompanying the Remonstrance 744. To the Petition about Breach of Priviledge 762. To the Petition concerning the Kensington business 796. To the Message of the House of Commons for a Guard 803. To the Petition from Buckinghamshire 841. To the Petition of the Lord Mayor c. 842. To the Message concerning the three Bills 848. To the Commons demand of stores 860 To the Message concerning the Bill for Adjournment 877. Alderman Abel a Patentee a Bill Ordered against him 256. Bailed 475. Accompt of the Armies 292 410. Act of State about the Oath in Ireland 79. Act of Parliament for reversing the Attainder of the Earl of Strafford 23. Act of Scotch Parliament part of one making it Treason to Levy Forces without the Kings consent 682. Act of Common-Council of London against Tumults 803. See Bill Adjournment Bill past by both Houses that it be in the power of the Houses respectively 834. The Kings Answer to it 877. Earl of St. Albans his Letter from Ireland concerning Affairs there 686. Aldermen Sheriffs c. of London attend the King at Hampton Court 711. Many of them Knighted 712. America Petition of some Merchants that parts of it be seiz'd 467. Mr. Anderton a Member of the House of Commons receives a Letter about a Plot 836. Anslow a Witness against the Earl of Strafford 60. Answer of the Earl of Strafford to the Articles of Impeachment 20 to 27. To Pym 's Speech against the Preamble of his Answer 39. Of the House of Commons to the Lords Reasons for the Bishops Voting in Parliament 260. Of the Judges to certain Queries about Matters in Parliament 374. Of the Scotch Commissioners to the two Propositions 406. Their Answer about disbanding the Army 412. Of the English Commissioners to the Propositions of the Scots Commissioners 423. Of the Scots Commissioners to the reasons for staying the Kings Journey 435. Of the House of Lords to the Propositions of the Scots Commissioners about difficulty of Marching their Army home 538. Of the House of Lords to a Petition of the Lord Mayor concerning the Londoners denying subjection to the Common Council 460. Of the House of Lords to the House of Commons Propositions concerning Ireland 525. Of the Judges in Ireland to Queries of the Parliament there 575. Of the City of London to the Parliaments desire of lending Money 598 644. Of the Queen concerning Father Philips 605. Of the House of Commons to the House of Lords two Propositions about the Scotch relief of Ireland 771. Of the several Impeached Bishops 797. Of the Lords of the Pale to the Lords Justices 906. Of the same to the Vindication of the severity of Sir Charles Coot 917. Apology of the Lord Digby 863. Apprentices of London their Petition concerning Church Government c. 775. An account of a Tumult of them 805. Nicholas Ardagh a Witness against the Earl of Strafford 70. Argiers a Vote about the Captives there 254. Act for them past 861. Argument of Mr. Lane in behalf of the Earl of Strafford 153. Of Recorder Gardner for the same 156. Of Mr. St. John for the Bill of Attainder 162. Arch-Bishop of Armagh his Testimony in the Case of the Earl of Strafford 83 See Usher Arms search'd for at Lambeth 236. Supplied to the Lords of the English Pâ—â—â— 632. Sent from the Tower for Ireland 710. search for Arms at Mr. Ropers at Eltham 847. At Sir James Hamilton 's Lodgings ibid. At Sir James Hanham 's in Somersetshire 848. At the Lady Rivers and at Oxon 859. Army pretended to be in danger of being seduced 231. Several Lords Examined about it 258. An Account of it 272. Army in Ireland a Report for disbanding it 233. The State of it in the Earl of Strafford 's time 537. State of the same when the Rebellion first broke out 627. Articles of Impeachment against the Earl of Strafford 8. Of further Impeachment against the same 11. Against the Judges 324. Against Sir Robert Berkley 337. Against Lord Chief Baron Davenport 347. Against Baron Trevor 352. Against Baron Weston 356. Against Justice Crawley 362. Against Lord Chief Justice Bramstone 363. Against the Bishop of Ely 398. Against the Lord Chancellor of Ireland c. 570. Against Lord Kimbolton and the five Members 811. Arundel Debate about the
Election of a Burgess there 870. Earl of Arundel constituted Lord High Steward of England for Trial of the Earl of Strafford 29. Captain Ashburnham Committed on suspicion of Treason 288. Bailed 377. Gets a Vote for his Pay 477. Voted guilty of Misprision of Treason and expell'd the House of Commons 725. Mr. Ashton Vicar of Panswick Voted a scandalous Minister 238. Assembly of Irish at Swoords Order to Dissolve it 908. Attainder of the Earl of Strafford 103. The Bill read thrice in one day and passed the Commons 157. Mr. St. John 's Argument for it 162. Passes the Lords 192. And the King by Commission 195. Repealed since the King's Restauration 203. Attorney General Ordered to justifie his Charge against Lord Kimbolton and the five Members 843. Which he does 850. House of Commons desire to Examine him 850. Vote of Both Houses against him for Breach of Priviledge 870. Examination of him 873. Votes of the House of Commons against him 874. Ax expresly forbidden to be born before the Earl of Strafford at his coming to Tryal 29. B. BAgshaw of Windsor his Information to the House of Commons 859. A Conference about it 862. Sir William Balfour Lieutenant of the Tower brings the Earl of Strafford to the Bar 37. A false Loon 190. His removal angers the Factious 773. Ballad against the Bishops and Common-Prayer 807. Barnwell a Witness against the Earl of Strafford 36 83. Sir Thomas Barrington a Witness in the Case of the Earl of Strafford 83. Bishop of Bath and Wells inform'd against Dr. Beal referred to the Committee for Scandalous Ministers 773. Beal a Taylor finds out a Plot 647. An Ordinance about it 649. Conference upon it ibid. Sir Henry Bedingfeild Accused 661. Sent for 662. Examined 690. Acquitted 691. Mr. Benson a Member of the House of Commons Charged with selling Protections 595. Expelled the House and declared a Delinquent for so doing 596. Sir John Berkley sent for as a Delinquent 288. Sent to the Tower 490. Order'd to be Examined 492. Voted guilty of Misprision of Treason 725. Order'd to be Bail'd 755 780. Sir Robert Berkley Impeach'd by the House of Commons 332. Articles against him 337. Brought to the Bar of the House of Lords 497. His Petition to the House of Lords 498. Assigned Council 499. His Tryal put off 511. Earl of Berkshire a Witness against the Earl of Strafford 89. Edmund Bern a Witness against the Earl of Strafford 70. Berwick An Order for the Mayor to take care of it 753. Bill of Attainder See Attainder Bill for perpetuating the Parliament passes the Lords 192. And the King by Commission 195. Repeal'd since the Kings Restauration 203. For relief of the Army 238. For abbreviating of Michaelmas Term ibid. For restraining Ecclesiastical Persons from medling in secular Affairs 242. Thrown out of the House of Lords 271. Bill for Abolishing Episcopacy proposed 248. Debated in the House of Lords 255. Private Bills past by Commission 256. Bill for Root and Branch read twice 257. For Tonnage and Poundage ibid. 381. For disbanding the Armies ibid. For taking away the High Commission Court and Pluralities ibid. For taking away the Star-Chamber and regulating the Council-Board 258 271. For Regulating Clerks of the Market 259. For disarming Recusants 260. Against the new Canons ibid. Against Pluralities and Non-Residencies 293. Against Ship-Money 294. A Copy of the Root and Branch Bill 300. Bill against Scandaleus Ministers 309. For taking away the Court of Requests ibid. To prevent Suits for Knighthood ibid. Three Bills brought up to the House of Lords their Titles 393. Bill for the Marches of Wales 394. For Billet-money ibid. For the Northern Counties 409. Seven Bills brought up to the House of Lords their Titles ibid. Bill for securing Religion rejected 411. For imposing the Protestation rejected 414. Eleven Bills passed the King their Titles 431. Six more pass'd by the King and their Titles 438. Bill for a Lord General and Lord High Admiral rejected 719. For Relief of Captives at Argiers 731. Three Bills past the House of Commons their Titles 777. Billet-money undertaken for the Scots by the House of Commons 444. A Bill for Billet-money 394. Captain Billingsley Accused for a Conspiracy to seduce the Army 232. A Proclamation to stop him 233. Bishops their advise against passing the Bill against the Earl of Strafford 192. A Salvo for them 231. Thirteen of them impeached about the New Canons and Oath 418 443. An Order concerning their Answer 449 484. Order that they have Council 495. A Debate in the House of Commons what they are guilty of 497. Debate whether other Bishops shall Vote in their Case 500. Abstract of the grand question upon it 503. Their Council refuse to undertake their Cause 613. A time appointed for their Answer 614. Which they put in by Plea and Demurrer 641. That Voted dilatory and insufficient 645. Conference about them 691 717. Ordered to be heard 711. A second Charge against them by the House of Commons 717. Order to Answer it 718. They adhere to their Demurrer 731. Twelve Bishops their Petition and Protestation 794. Votes of the House of Commons against them 796. Impeached ibid. Taken into Custody ibid. Brought to the Lords Bar 797. Their several Answers ibid. Two of them Committed to the Black Rod the rest to the Tower 799. Desire Council which is granted 812. Order to put in their Answer 836. They Answer 882. They Petition to be speedily Tryed or Bailed 883. Remanded to Prison ibid. Mr. Blaney summon'd for Preaching against the Protestation 288. Sir Richard Bolton Lord Chancellor of Ireland impeached 566. Articles against him 570. Books seized by Order of the High Commission how disposed of 690. Mr. Booth Minister of St. Botolph Aldersgate Petition'd against by the Factious 492. Sir John Borlase made one of the Lords Justices of Ireland 564. Dr. Borlase his History of the Irish Rebellion censured 531. Lieutenant Bowles Voted a Delinquent for raising voluntiers for Ireland 874. Lord Chief Justice Bramstone impeached by the House of Commons 363. Mr. Orlando Bridgman receives a Letter about a Plot 836. Earl of Bristol a Witness in the Case of the Earl of Strafford 83. His Report about disbanding the Irish Army 233. Vote of the House of Commons that he be removed from the King and his Council 793. Lord Bruce introduced into the House of Lords 421. Buckinghamshire Petition to the House of Lords about Malignants c. 834. To the House of Commons about the same 839. To the King concerning Hampden 840. Mr. Burgess Ordered to Preach before the House of Commons 467 513. Sir John Burroughs a Witness in the Case of the Earl of Strafford 93. Busby 's Case an Order in it by the House of Lords 716. Sir John Biron a Message of the House of Commons for removing him from being Lieutenant of the Tower 835. Ordered to appear before them 844. Refuses 845. Votes of the House of Commons about him 846. Brought to the Bar
Ireland to the Lord Lieutenant 900 901 902. F. RObert Farnham 's Deposition in behalf of the Lord and Lady Muskerry 635. Sir Robert Farrer a Witness for the Earl of Strafford 60. Fast mov'd for by the House of Commons for the Irish Rebellion 737. agreed 754. for a monthly one 777. Faunt 's Case 324. Mr. Finch Vicar of Christ-Church London Votes against him 233. Fitz-Garret a Witness against the Earl of Strafford 57 68 74. Florence the Resident from thence his Complaint 596. a Committee upon it 645. Forrests ascertain'd in their Bounds by Act of Parliament 431. many Frays happen about it 499. 625. Sir Edward Fowles a Witness against the Earl of Strafford 11. Blunders in his Evidence 55. Mr. Franklin a mistake in his Annals rectified 247. Sir Ralph Freeman a Witness against the Earl of Strafford 91. French the House of Commons in great fear of them 233. 242. French Embassador desires the English Disbanded Army for his Masters Service 395 436. Tumults about his House 468. intercedes for the Rioters 476. Dr. Fuller Dean of Ely Petitioned against by the Sectaries 492. sent for as a Delinquent for his Sermons 609. Bayled 626. G. SIr Henry Garaway a Witness against the Earl of Strafford Gatton in Surry a dispute about Election of Members there 599. Lord General scruples letting the Scots march through Berwick 452. S. German a Frenchman committed to the Gate-House 651. released 711. Mr. Glyn appointed a Manager of Evidence against the Earl of Strafford 28. passionate at some expressions of the Earl of Strafford 39. his Speech upon summing up the Evidence 124. one of the Committees to expedite the Charge against the Arch-Bishop Laud 265. his Speech about breach of Priviledge 827. Henry Gogan a Witness against the Earl of Strafford 90. Evers Gore a Witness against the Earl of Strafford 53. Lord Gorge Governor of Hurst Castle Summoned to appear 596. Collonel Goring accused for a Conspiracy to seduce the Army 232. discovers a Vote in his Favour 272. Lord Gorminston a Witness against the Earl of Strafford 56. contradicts himself 57. his Commission for suppressing the Irish Rebellion 630. is said to have given Intelligence to the Rebells 905. combines with them 907. they make him General of the Forces of the Pale 917. Patrick Gough a Witness against the Earl of Strafford 70. John Gower a Witness against the Earl of Strafford 53. Grand Question concerning Bishops Votes in Capital cases an abstract of it 503. Lord Grandison see Newark Richard Grave his Examination about the Irish Rebellion 522. Dr. Gray sent for as a Delinquent 772. St. Gregories Parishioners Complaint against Inigo Jones 728. Sir Henry Grisfin a Witness in the Case of the Earl of Strafford 93 94. Serjeant Grimstone one of the Committee to prepare the Charge against the Earl of Strafford 7. appointed to be presented at the Examination of Evidence against him 11. his Speech concerning Breach of Priviledge 825. Guard Ordered about the Parliament House 487. a Conference about it 595. Establisht by the House of Commons 623. Dissolv'd by the King 684. Message c. about it 684 685. Reasons of the House of Commons for their Continuance 687. refused by them when ordered by the King 688. Guard not of their own appointment displeases them 726. examin'd and discharg'd 727. Votes of the House of Commons about Guards 729 732. their Message about it 789. rejected by the House of Lords 793. a Committee ordered to wait upon his Majesty concerning it 801. the King orders one under the Earl of Lindsey 833. the House of Commons Order another under Major Skippon 833. both Houses appoint a Guard upon the Tower 844. an Order drawn up by the House of Commons for Guards and necessary defence 878. Gun-Powder an Act for importing and free making it 416 438. Gunners of the Tower examined by the House of Commons 856. Sir Richard Gurney Lord Mayor of London Knighted 676. H. DR Hacket 's defence of Deans and Chapters in the House of Commons 240. Hampden one of the Committee to prepare the Charge against the Earl of Strafford 7. appointed a Manager of Evidence against him 28. one of the Committee to expedite the Charge against Arch-Bishop Laud 265. Impeached of High Treason 811. his Speech in vindication of himself 817. a Petition from Bucks to the King about him 840. Marquess Hamilton a Witness in the case of the Earl of Strafford 86. made a Duke 683. his complement to the House of Commons concerning the Arms at Fox-Hall 870. James Hanham his House search'd for Arms 848. Sir Simon Harcourt arrives at Dublin with a Regiment 918. Robert Hawood ordered to the Pillory for Contempt 238. excused 245. Lady Hatton and Bishop of Ely their Case 270. Sir Arthur Hazlerig Impeach'd of High Treason 811. Bishop of Hereford excused part of his Poll-Money 709. Marquess of Hertford introduc'd into the House of Lords 265. ordered to take charge of the Prince in person his answer 595. a Message about it from the House of Commons 857. Hertfordshire Petition 753. Dr. Heywood Petition'd against by the Sectaries 492. Hibbols a Witness against the Earl of Strafford 62. Mr. Hide his Speech at the delivery of the Articles against the Lord Chief Baron c. 343. High Commission Court a Bill for taking it away 257. Collonel Hill Voted Delinquent for raising Volunteers for Ireland 874. Earl of Holland a Witness in the Case of the Earl of Strafford 84. Mr. Jervis Holls who had been expell'd the House for an honest Speech restor'd 710. Dr. Hollis and others Votes in their favour 331 373. his Speech in praise of Sir Randol Crew 365. concerning the Palatinate 378. in justification of the Votes for taking the Protestation 416. he is Impeached of High Treason 811. Honours a Conference about the Kings bestowing them 325. Horses inquiry after Transporters of them 655. Sir John Hotham a Witness in the Case of the Earl of Strafford 92. appointed Governor of Hull by the House of Commons 833. Hoy a Witness against the Earl of Strafford 62. Hull Order for the Mayor to take care of it 753. Order that Sir John Hotham be Governor of it 833. Huntingdonshire Petition for Episcopacy 720. Hurst Castle going to Decay Examined 596. Mr. Hutton Curate of St. Giles Cripple-Gate Petition'd against 492. ordered to be taken into custody 497. Hypocrisie of the Anti-Episcopal Grandees 261. I. KIng James his Collection out of Bellarmin 226. Mr. Henry Jermyn accused for a Conspiracy to seduce the Army 232. a Proclamation to stop him 233. Voted chargeable with High Treason 443. Voted to be Impeach'd 754. Impeachment of the Earl of Strafford 7. of Sir George Radclif 8. of Sir Robert Berkley 332. of the Barons of the Exchequer 343 352 356. of Mr. Justice Carwley 357. of the Lord Chief Justice Bramstone 363. of the Bishops for the New Canons and Oath 418 443. second Impeachment of the same 717. Incendiaries a Commission for their Prosecution 444. who were
meant 447. Information against the Bishop of Bath and Wells 413. of Arms in the Marquess of Winchester 's House 453. of two Irish men from Chester 604. of Collonel Hunks against two Irish men for Listing Soldiers 612. of dangers in Lancashire 650. of a Ship of Frenchmen in Milford-Haven 710. of a Barrel of Gunpowder sent into the Country for a Barrel of Soap 719. that Members of Parliament were the occasion of the Tumults 790. against the Lord Digby and Collonel Lunsford 845. against Serjeant Dendy 888. of O. Cromwell against a Gentleman of Huntingdonshire ibid. of one Wishert that Cardinal Richelieu fomented the Irish Rebellion 897. frivolous Informations a Committee for them 855. Sir Thomas and Sir William Ingram Witnesses in the Case of the Earl of Strafford 83 94. Instructions for the Commissioners for Scotland 451 455. to the Commissioners for disarming Popish Recusants 473. additional Instructions for the Commissioners in Scotland 494 616. debated by the House of Lords 623. Instructions for the Commssioners to treat with the Scotch Commissioners about assisting Ireland 720. approved by the King 723. Interrogatories for further Examination of O Connelly 596. Inigo Jones a Declaration of the House of Commons against him 728. Ordered by the House of Lords to answer 729. his Answer 771. Irish Affairs a grand Committee about them 5. Irish Remonstrance 36 555 561. the condition of the Irish Army in the Earl of Strafford 's time 537. the sad State of affairs there at the time of the Rebellion 627. Irish Nobility and Gentery some kind to the English 634 635. Irish Rebellion the News of it communicated to the House of Commons by the Lords of the Council 513. a Letter about it from the Council in Ireland to the Lord Lieutenant General 514. Proclamation of the Lords Justices to stop it 522. Report of a Conference of both Houses about it 524. an account of some occasions of it 526. c. Words of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon it 540. Relation of it by the Lord Macguire 543. the Rebels their Remonstrance 555. a Manuscript of the Earl of Clarendon 's concerning it 590. Votes and Orders of Parliament relating to it 600 601 603 651 642. Judges their Opinion upon an Exception of the Earl of Strafford 101. upon the Bill of Attainder 192. Articles against them 324. not to Travel on the Lords day 325. their resolution to certain Quaeries about matters in Parliament 374. a Conference about their Impeachment 420. their Opinion concerning a Custos Regni 430. their Report of the Statutes in Force against Riots c. 709. Judges in Ireland their Answer to Quaeries of the Parliament there 575. Dr. Juxon disswades the Kings passing the Bill against the Earl of Strafford 192. K. JOhn Kay a Witness against the Earl of Strafford 58. Lord Keeper craves some time to retire 712. his Letters see Letters Robert Kennyday a Witness against the Earl of Strafford 55. 70. Dr. Ker Dean of Ardagh his Deposition concerning the Calumny thrown upon the King of giving Commission to the Irish Rebels 528. Lord Kilmallock a Witness against the Earl of Strafford 56 57. Kilvert a Patentee 256. Bail'd 475. Lord Kimbolton Impeach'd of High Treason 811. his Speech thereupon 815. moves to be Tryed 835. a Message from the King concerning him and the five Members 848. The King present incognito at the Tryal of the Earl of Strafford 29. his Speech to both Houses concerning the Earl of Strafford 186. his Message to the House of Commons about the Tumults disregarded 189. in great doubt about passing the Bill against the Earl of Strafford 192. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 thereupon 193. he passes it by Commission 195. his Letter to the House of Lords concerning the Earl of Strafford 197. his Answer to the Parliament concerning his Servants 231. passes three Bills 243. his Speech in answer to the Speaker about the Bill for Tonnage and Poundage 308. his Speech at Passing the Bills against Star-Chamber and High-Commission 327. his Manifesto about the Palatinate 383. his answer to the Proposition about Evil Councellors 387. assents to the five Propositions 404. takes leave of his Parliament 438. sets forward for Scotland 439. arrives there 453. his Speech to the Parliament there ibid. his Letter denying to Sign a Commission to the Parliaments Commissioners 468. his reasons for so doing 469. his Letter to the Lord Keeper 497. clear'd of Phanatick Calumnies concerning the Irish Rebellion 528 638. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 thereupon 540. acquaints the Parliament with it 600. his diligence to suppress the Irish Rebellion attested by the Parliaments Commissioners 612. returns from Scotland 675. his Reception in London 675. c. his Speech in answer to the Recorder 676. his Letter shewing his firmness to the Established Religion 683. his Speech to both Houses after his return from Scotland 708. after what manner he receives the Remonstrance of the House of Commons 709. promises to keep his Christmas at White-Hall 712. approves the Instructions of the Commissioners to Treat with the Scotch Commissioners about assistance for Ireland 723. his Speech to both Houses concerning Ireland 738. his answer to the Petition accompanying the Remonstrance 745. his Declaration in answer to the Remonstrance 746. his answer to the Petition about Breach of Priviledge 762. to the Message of the House of Commons about a Guard 803. demands the five Members by a Serjeant at Arms 814. comes in Person to the House of Commons for them 820. his Speech then there ibid. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon that matter 821. a lewd Pamphlet upon the same 830. Sir Robert King a Witness in the Case of the Earl of Strafford 83. Knighthood a Bill to prevent Vexatious Suits about it 309. past the House of Lords 424. Kynaston 's Case 258. L. LAmbeth House Searched for Arms 236. Mr. Lane appointed Council for the Earl of Strafford 10. his Argument in his behalf 153. appointed for Judge Berkley 499. for the twelve Impeach'd Bishops 812. Arch-Bishop Laud takes his leave of the Earl of Strafford 198. a Committee to expedite the Charge against him 265. Lay-Preachers complain'd of 265. reprehended 270. Lecturers the Tools of the Factions 234. an Order for them 477. Captain Legg sent for as a Delinquent 726. Bail'd 775. 780. design'd for Hull by the King stopt by the House of Commons 856. Earl of Leicester Lord Lieutenant of Ireland enabled by Ordinance of Parliament to Raise Men 606. scruples it without the Kings Command 615. 652. Order concerning him 543. 754. Sir Thomas Leighton a Witness against the Earl of Strafford 54. Dr. Leighton a Turbulent Preacher Enlarged 309. Lenthal Speaker of the House of Commons his Letter to Sir Edward Nicholas to get quit of the Chair 713 another 714. See Speaker General Leshly made Earl of Leven 683. Letters of the King to the Earl of Strafford commanding a Proclamation to prohibit the Irish going beyond Seas 75. to the same about the Oath 80. to
for setting aside private Business 686. concerning Books seized by High Commission 690. that Philips be released 691. in Smith and Busby 's Case 716. for reviving the Committee for Scandalous Pamphlets 723. and for License to raise Men for the Dutch ibid. Orders of the House of Commons that no Members visit the Earl of Strafford 8. to inquire into the Militia c. 230. in behalf of Pryn 251. about disbanding the Armies 286 454. 456. concerning the Northern Counties 314. about Members of Committees 319. for afternoon Sermons in all Parochial Churches 383. for absent Members 433. that Mr. Marshal and Dr. Burgess Preach the Thanksgiving Sermon before them 467. about a full House 476. for Match and Bullet for the Parliaments Guard 496. for laying by private business 510. for opening the Irish Letters 523. concerning relief for Ireland and Irish Affairs 601 603 613 622 626 824. concerning the Guard for the Parliament 623. concerning the Second Plot in the Army 653. to discourage Petitioners for Episcopacy 655. for clearing the Kings Honour from the scandal of the Irish Rebels 689. for a Search about a Barrel of Gun-Powder 719. for Printing the Remonstrance 437. for care of Berwick Hull and Newcastle 753. concerning the Navy 787. for a double Watch 794. for a Guard under Major Skippon 833. for Sir John Hotham to keek Hull ibid. for Guards and necessary defence 878. Orders of the Lords Justices of Ireland against the Rebels 908 910. Orders for preventing the spreading of the Plague 478. Ordinance of both Houses for Commissioners to go for Scotland 455. for a Thanksgiving for the Pacification 463. for disarming Recusants 470. against Transporting Soldiers into the Service of Forraign Princes 481. for empow'ring the Lord Lieutenant of Ireland to raise Men 606. for enabling the Master of the Ordnance to deliver Ammunition ibid. authorizing the Lord High Admiral to provide Shipping 607. for securing money borrow'd of the City of London 621. to prohibit the Irish going out of England without Licence 621. upon Beal 's Plot 646. to raise the Trained Bands 653. Earl of Ormond speeds to Dublin with his Troop at Summons of the Lords Justices 629. is made Lieutenant General of the Army in Ireland 904. dislodges the Rebels at Finglass 618. Earl of Orrery 's Answer to P. W. quoted 526. Sir Edward Osborn a Witness for the Earl of Strafford 95. his Warrant for levying Money 98. Overtures for a Treaty with the Irish Rebels 917. Oxford Vniversity their Petition to the Parliament in behalf of Episcopacy 305. Oxfordshire Petition against it 409. P. PAcification between the English and Scots 430 438. Palatinate a debate upon it 328 368. Vote about it 373. the King 's Manifesto upon it 383. A. Palmer a Witness against the Earl of Strafford 90. Captain Palmer accused for a Conspiracy to seduce the Army 232. Jeffery Palmer a manager of Evidence against the Earl of Strafford 29. Sir William Parkhurst a Witness against the Earl of Strafford 91. William Parkins his Speech about Bishop Wren 330. Parliament meets at Westminster 5. perpetuated by an Act 195. their first Ordinance 455. agree to a Recess 464. Order a Guard for themselves 487 Parliament in Ireland their Quaeries to the Judges there 572. their Protestation and Declaration against the Rebellion 898. Parliament in Scotland their resolutions concerning the Irish Rebellion 603. Transactions between them and the English Commissioners 608. Henry Parry a Witness against the Earl of Strafford 74. the Sentence past on him by the Irish Council 76. Sir William Parsons made one of the Lords Justices of Ireland 564. Sir William Pennyman a Witness for the Earl of Strafford 55 86 95. his Warrant to his Serjeant Major to raise Money 93. Alderman Penington informs against the Minister of Grace-Church 773. Mr. Henry Percy accused for a Conspiracy to seduce the Army 232. a Proclamation to stop him 233. Conference about him 245. his Letter to the Earl of Northumberland about it 286. Voted Chargeable with High Treason 443. Expell'd the House of Commons 725. Voted to be impeach'd of High Treason 754. Petition and Act of State about the Oath in Ireland 79. Petition of the Yorkshire Gentry 92. of the Londoners against the Earl of Strafford 160. of the like Rabble against the same 189. of the Earl of Strafford to the House of Lords in behalf of his Children 196. of the Vniversity of Cambridge 239. and of the Vniversity of Oxford for Episcopacy 305. from several Ministers of Wales against Episcopacy 317. of the Ministers and People of Oxfordshire and Berks against the same 409. of both Houses concerning Commissioners for Scotland 451. of Sir George Radcliff 464. of some Merchants for seizing parts of America 467. of the Sectaries against Dr. Heywood Mr. Booth Dr. Fuller and Mr. Hutton 492. of Judge Berkley 498. of the Parliament to the King in Scotland 644. of Rutland for Episcopacy 656. of Officers for pay 660. of the House of Commons to accompany the Remonstrance 692. of Huntingtonshire for Episcopacy 720. of Somersetshire for the same 726. of the factious Londoners against Bishops Votes c. 733. incouraged by the House of Commons 733 735. of the Parliament concerning breach of Privilege by the King's Speech 751. of Hertfordshire 753. of Cheshire for the Establish'd Religion 758 759. of the remonstrating Ministers to the House of Commons 764. of the Irish Lords and Gentlemen 769. of the London Prentices about Church-Government c. 775. of several Merchants concerning Ireland 776. of both Houses about the Kensington Business 786 of the Bishops with their Protestation 794. of the men of Bucks against Malignants c. 834 839. of the trained Bands of Westminster about dangers 839. of the Men of Bucks to the King concerning Hampden 840. of the Lord Mayor c. about the King 's going to the House of Commons 841. of several Merchants and others against Sir John Byron 881. of the Bishops either to be tried or bailed 883. Petition and Advice of the Scots Commissioners to the King 876. Petitioners for Episcopacy discouraged 655. Sir John Pettus Knighted 680. Father Philips the Queens Confessor 310. appears 315. sent to the Tower 594. a Message about him from the House of Commons to the House of Lords 597. an Information against him 599. the Queens Letter concerning him 605. petitions to be released 661. order of the House of Lords about him 691. and of the House of Commons about his Trunk 69â— â—bailed 711. Bishop Pierce see Bishop of Bath Lord Pierepoint ordered to the Black Rod for Words 740. petitions to the House of Lords and is released 742. Sir William Pierepoint his Speech at the Impeachment of Sir Robert Berkeley 332. William Pierson a Witness against the Earl of Strafford 94. Place for Trial of the Earl of Strafford agreed by both Houses 28. Plague in London 463. Orders to prevent its spreading 478. Plate a Motion that it be brought in and coin'd 259. Plymouth Bill past 410.
the Commission sent into Scotland 469. of the House of Commons for securing Popish Recusants 654. of the same for removing the Earl of Portland from the Government of the Isle of Wight 655. for forming the Cavalres into Regiments 685. for continuing the Guards 687. against the Bishops Demurrer 715. Rebels in Ireland the Names of the principal 888. defeat the English Relief for Tredagh 904. are repell'd by Sir Arthur Syringham 905. and dislodged at Finglass by the Earl of Ormond 918. Recess of the Parliament debated 463. agreed 464. Committee of Lords for that time 484. of the Commons 486. Report of what was done during the time 488. Record relating to the Poll-Bill 324. Recorder of London his Speech to the King at his return from Scotland 675. Knighted 676. Recusant Lords some take the Protestation 237. Recusants voted to be disarmed 45â— â—â—7 469 an Ordinance for it 470. and Instructions to Commissioners for it 473. Lords and Commons agree to put the Laws in execution against them 615. an Order for it 653. a List of the prime Recusants desired by the House of Commons to be secured 662. debated by the House of Lords 667. Regiment of Horse and Foot the Charge of each 642. Remonstrance from Ireland 36 56. of the Irish Rebels 535. of the State of the Kingdom by the House of Commons see Declaration Requests see Court Reward voted to Connelly for discovering the Irish Rebellion 524. 609. Sir Edward Rhodes a Witness for the Earl of Strafford 95. Cardinal Richelieu charg'd with fomenting the Irish Rebellion 897. Duke of Richmond introduced into the House of Lords 436. Lord Roche a Witness against the Earl of Strafford 74. one Roche his Letter intercepted 896. Root and Branch Bill 248 257. Rosetti the Popes Nuntio departs the Realm 328. Sir Benjamin Rudyard his Speech about Episcopacy 249 298. about the Palatinate 328 379. against suffering either the French or Spanish to have the Disbanded Souldiers 465. Rutland Petition for Episcopacy 656. S. Lord Saint John of Bletso introduced into the House of Lords 244. Saint John one of the Commissioners to prepare the Charge against the Earl of Strafford 7. appointed a Manager of Evidence against him 29. his Argument for passing the Bill of Attainder against the Earl of Strafford 162. one of the Committee to Expedite the Charge against the Arch-Bishop of Canterbury 265. his Speech at the Conference for Excluding the Bishops Votes in the Case of the thirteen Impeach'd 501. Earl of Salisbury made Lord Lieutenant of Dorsetshire 236. has leave to follow some business in the House of Commons 761. Robert Salmon a Schoolmaster a Witness against the Earl of Strafford 78. Salvo entred by the Bishops 231. by the Lords 325. for the Judges of the Court of â—ork 388. Saâ—â—â—and a Clergy-man releas'd 244. Mr. Savil a Witness against the Earl of Strafford 69. Lord Say made Mr. of the Court of Wards 246. his Speech against Bishops Votes 266. Scotch Invasion how Chargeable to England 426. that they were Invited hither 427. Scotch Rebels by Order of both Houses declared faithful Subjects 467. their Commissioners complain of delays in the Treaty for Ireland 761. Seamen a Bill for Pressing them read 236 237. 777 797. past 861. Search for Arms at Lambeth 236. about the Parliament House 846. for Arms at several Places 847 848 859. Secresie required of Persons concern'd in Examinations against the Earl of Strafford 11. and in the Examinations about the Conspiracy in the Army 232. strange Secresie of the Irish Conspirators 632. Mr. Seldon appointed to assist at the Examination of Witnesses against the Earl of Strafford 11. opposes the Bill of Attainder against him 152. one of the Committee to Expedite the Charge against the Arch-Bishop of Canterbury 265. Sermons ordered to be in the Afternoon in Cathedrals 288. and in all Parochial Churches 383. William Shales accuser of Mr. Henry Bedingfield 662. Sheldons Seized upon account of Beal 's Plot 648. acquitted 686. Shepherd a Rioter releas'd 328. Ship-money in Sheriffs hands ordered to be return'd 264. a Bill against it 294. 412. Opinion of the Judges in the Case 338. Sheriff of London a Controversie about the Election of one 318 319. 407. 409. referred 413. 445. determin'd pro hac vice 456. Petition of the Lord Mayor upon it 459. Sisters reliev'd by order of the House of Lords against a Brother 367. Shippon ordered to command the Guard of the House of Commons 833. has the thanks of the House 838. ordered to send Scouts by Land and Water 859. Slingsby a Witness for the Earl of Strafford 54. 56. 86. Small a Minister a Vote in favour of him 446. Smart that Articled against Bishop Cosins rewarded 406. Sir Robert Smith a Witness against the Earl of Strafford 74. Mr. Smith a Minister Committed to the Gate-House for words against the Parliament 244. one Smith 's Case 716. Smith a Suspended Minister a Vote in his Favour 319. Soap business Votes about it 512. Delinquents concerning it sent for by a Serjeant at Arms 513. Souldiers Mutinous for want of Pay 269. Transportation of Souldiers a Conference about it 477 479. an Ordinance against it 481. a Vote that Disbanded Souldiers may go beyond Sea 495. a Bill for Pressing 740. Somersetshire Petition for Episcopacy 726. Earl of Southampton question'd for Words 846. Spanish Ambassador's House beset by the Rout 187. Speaker of the House of Commons his Letter to Sir Jacob Ashley 228. his Letter to the Army 235. Speaker of the House of Lords their Vote about the choice of him 438. Speech of the King to both Houses concerning the Earl of Strafford 186. in answer to the Speaker upon passing the Bill for Tonnage and Poundage 380. at passing the Bill against Star-Chamber and High-Commission Courts 327. to the Scotch Parliament 453. in answer to the Recorder of London at his return from Scotland 676. to both Houses upon the same 780. to the same concerning Ireland 738. to the House of Commons at his demanding the five Members 820. Speech of Mr. Pym after reading the Articles against the Earl of Strafford 9. of the same at his Tryal 30. of the Earl of Strafford in defence of his Preamble 40 to 47. of Pym in Answer to it 47. of Maynard upon the first Article against the Earl of Strafford 〈◊〉 of the Earl of Strafford upon Summing 〈◊〉 the Evidence against him 104 to 123. of Glyn upon the same 124 to 145. of Pym upon the same 145 to 152. of the Lord Digby upon passing the Bill of Attainder 157. of the Earl of Strafford upon the Scaffold 199. of William Thomas against the Bishops 211 to 226. of Sir Edward Deering upon the Bill for Abolition of Episcopacy 248. about Episcopal Government 295. concerning the Communion-Table 493. concerning bowing at the Name Jesus 610. about the Declaration of the State of the Kingdom 664 668. of Sir Benjamin Rudyard upon the Bill for Abolition of Episcopacy 249. about Bishops Deans and
Chapters 298. about the Palatinate 379. against parting with the Disbanded Soldiers 465. two Speeches of the Lord Newark concerning Bishops 251. of the Lord Say against Bishops Votes 266. of Sir Henry Vane against Episcopaâ—â— Government 276. of William Thomas against Deans and Chapters 282. of Mr. Pury against the same 289. of the Speaker of the House of Commons to the King at passing the Bill for Tonnage and Poundage 307 706. and of the Bill for Poll-money 326. of Sir Simon D'ewes about the Poll-Bill 322. of Sir William Parkins against Bishop Wren 330. of Sir William Pierrepoint at the Impeachment of Sir Robert Berkley 332. of Mr. Hide at delivering the Articles against the Lord Chief Baron c. 343. of Mr. Waller at the Impeachment of Mr. Justice Crawley 349. of Mr. Hollis in behalf of Sir Randal Crew 365. about the Palatinate 378. in justification of the Votes for taking the Protestation 416. of Sir Simon D'ewes about the Palatinate 368. of Sir Thomas Widdrington at delivering the Articles against the Bishop of Ely 395. of Pym at a Conference about Excluding the Bishops Votes in the case of the thirteen impeached 500. of Mr. St. John about the same 501. of Audley Mervin at exhibiting Articles of Treason against Sir Richard Bolton 556. of Pym against Evil Councellors 619. of the Recorder of London to the King upon his return from Scotland 675. of the Lord Kimbolton at his Impeachment 815. of Hamden at his 817. of Mr. Grimstone concerning breach of Priviledge 825. of Glyn about the same 827. of the Earl of Monmouth about fears 849. of Sir Philip Stapleton concerning the Lord Digby and Collonel Lunsford 870. of Mr. White against the Bishops 885. formal Speeches declared unparliamentary by the House of Lords 265. Stanneries for Court Sir Philip Stapleton a Witness in the case of the Earl of Strafford 92. Statute of 〈…〉 cited 97. Star-Chamber a Bill for taking it away 258 324. past 271 327. a Message about the Officers of it 368. a Report about them 389. Earl of Strafford a short account of his rise 2 3 4. inveigh'd against in Parliament by Sir John Clotworthy 5. advised to withdraw 6. Impeach'd by the Commons 7. taken into Custody 8. sent to the Tower 10. his Answer to the Impeachment 20 to 27 brought to his Tryal 29. his several Defences see Defence taken with a fit of the Stone 100. Bill of Attainder against him 103. past by the King 195. he Petitions for his Children 196. his carriage at his Death 198. his Speech upon the Scaffold 199. Epitaphs upon him 204 205. his Wife and Children interceeded for by the House of Lords 237. his Death of what miserable consequence to Ireland 537. Lord Strange his Letter of dangers in Lancashire 650. Strangers by Proclamation commanded to depart Dublin and the Suburbs 637. Sir John Strangeways his motion against Tumults slighted 259. Sir Robert Strickland a Witness in the case of the Earl of Strafford 93. Strode one of the Committee to prepare a Charge against the Earl of Strafford 7. impeach'd of High-Treason 811. Subsidies six the Bill for them past 243 Subsidies granted by the Clergy 391. Summary of Evidence against the Earl of Strafford 104. Superinduction to a Rectory a Case upon it 511. T. COllonel Taaf committed by the House of Commons 785. Mr. Taylor an honest Burgess of Windsor expell'd the House and committed to the Tower 257. discharged 286. Sir John Temple his Letter from Ireland 371. Term abbreviated 238. Thanks ordered to the Queen by the House of Commons 405. to the Earl of Bristol by the House of Lords 430. to the Lord General by the same 496. to Calamy and Marshal by the House of Commons 775. by the same to the Train'd Bands Sheriffs and Major Skippon 838. to the Inhabitants of Bucks 884. to the Scots Commissioners 887. William Thomas his long Speech against the Bishops 211 to 226. another Speech against Deans and Chapters 282. Thorp a Witness against the Earl of Strafford 53. Tobacco two Proclamations of the Earl of Strafford about the Sale of it 66. Toleration of the Popish Religion in Ireland Votes and Debates about it 737 754. Tonnage and Poundage a Bill for it 257. 294 308 381 383 447 687 708. Fower of London a Conference about the Lieutenant there 773 778 Order of the House of Commons about it 775. their Declaration upon it 778. The Constable desired by the House of Commons to reside there 780. a Message to the House of Lords about it 835 844. Trained Bands raised to guard the Parliament 492. those of Westminster their Petition to the House of Commons 839. Earl of Traquair a Witness in the case of the Earl of Strafford 82. Treaty between the Lords c. of the Pale and the Ulster Rebels 907. with the Irish Rebels proposed 917. Tredagh opportunely garrison'd 636. Relief for it unfortunately defeated 905. Mr. Baron Trevor impeach'd by the House of Commons 343. Articles against him 352. Mr. Trevor ordered to be of Council for the Bishops 648. Tryal of the Earl of Strafford the manner agreed by both Houses 36. Tumult about the Spanish Ambassadors House 187. another on a ridiculous occasion 192. a Conference about them 245. Order of the Lords about them 246. Tumults about the Queen Mother 247. disturb people at the Communion 271. Order about them 275 291 393 395. Tumults about the French Ambassador 468. Order about them 476 603 692 856. Judges report the Statutes in force against them 709. But they are favour'd by the House of Commons 709. disavow'd by the Common-Council of London 712. 803. more Tumults 781 788 789 792. a Committee of the Lords to consider upon them 781. still favour'd by the Factious Commons 784 790 792 838. a Proclamation against them 786. Message from the House of Commons about them 789. Tumultuary Petitioning encouraged by the House of Commons 735. Sir Arthur Tyrringham a Witness for the Earl of Strafford repels the Irish Rebels at Lisnegarves 906. V. SIr Henry Vane Enemy to the Earl of Strafford and why 3. a Witness against him 82 83 84. his Speech against Episcopal Government 276. his Letter to the Lords Justices of Ireland 565. Sir Henry Vane junior produces a Paper pernicious to the Earl of Strafford 103. an Account of it 208. Captain Ven a godly Complainant 496. Venetian Ambassador a Priest of his Retinue imprison'd 394. he complains of the breaking open his Pacquet 640. Answer of the House of Lords 1641. his reception of it 643. a Message from him 655. Vintners Case against Alderman Abel and Kilvert 256. Voluntiers come in for Ireland 772. Message from the King about them 787 789 793. Votes of both Houses concerning the Irish Affairs 600 642 643 729 755 762 772 778 791. concerning Breach of Priviledge 741. Votes of the House of Lords upon debating the Bill concerning the Bishops 255. against the New Canons c. 285. concerning the Council at York 388. about
the Impeachment of the Bishops 448. concerning the Commons Declaration 483. Votes of the House of Commons after the hearing of the Earl of Strafford 152. upon the Bill of Attainder 157. in favour of Lilburn 211. against Mr. Finch Vicar of Christ-Church London 233. Mr. Ashton Vicar of Painswick 238. Dr. Uty Rector of Chigwel 246. the Scots desire of Vniformity in Religion between the two Kingdoms 246. Walker a Factions Preacher 250. Captives at Algiers 254. in favour of the Scots 255. about the Customers 258. Collonel Goring 272. the Council Board 324. one Faunt 324. Bishop Wren 330. Priviledge in the Case of Hollis 331 373. the Palatinate 373. Ambassadors entertaining Priests Natives of England 373. Bill for abolishing Episcopacy 380. Papists ibid. the Manifesto 386. Lord Digby 's Speech 389. the Conspiracy to seduce the Army 407 408. a Vice-Roy in the Kings absence 412. taking the Protestation and Impeaching the Bishops 415. Commissioners to be sent into Scotland 439. one Small a Minister 446. one Cooper 454. London-Derry 461. disbanded Souldiers 466 495. Communion-Table 475. their Declaration 483. the Soap business 512. selling Protections 596. Collonel Lunsford 780. Earl of Bristol 793. the Bishops their Petition and Protestation 796. Sealing of some Trunks c. 813. a Committee at Guild-Hall 823. the Lieutenant of the Tower 846. the Attorney General 874. Vox Populi a Libel against Bishops and Common-Prayer 807. Arch Bishop Usher present with the Earl of Strafford at his Death 198. an Abstract of his opinion of the Apostolical Institution of Episcopacy 279. ordered to Preach before the House of Lords on the Fast day for Ireland 754. Dr. Uty Voted a Scandalous Minister 246. W. WAde a Witness against the Earl of Strafford 74. Waferer a Clergy-man in Custody released 244. Waldron a Witness against the Earl of Strafford 58. Walter a Factious Preacher restor'd by the House of Commons 250. Walker a Phamphleteer against Bishops sent for 763. Wall a Door-keeper committed to the Fleet 650. released 655. restored to his place 660. Mr. Waller 's Speech at the Impeachment of Justice Crawley 349. Elias Walley sent for as a Delinquent 245. P. Walsh his Narrative of some matters moving the Irish to Rebel 557. Sir Edward Warder a Witness in the Case of the Earl of Strafford 39. accused for a Conspiracy to seduce the Army 232. Warrant from the King to the Earl of Strafford to make use of 40000 l. of the Treasure 42. of the Earl of Strafford to the Bishop of Down concerning Contemners of Ecclesiastical Jurisdiction 63. of Sir William Peniman to his Serjeant Major to raise Money 93. of Sir Edward Osborn to Levy Money 98. of the King to Sir John Byron Lieutenant of the Tower 845. Watch ordered by the House of Commons to be doubled 794. Welch Petition 317. Sir â—â—nth Welden a Conjecture concerning him 838. Welch a Witness against the Earl of Strafford 70. Christopher Wendeford Esquire made Lord Deputy of Ireland 560. dies 564. Wentworth see Strafford Sir George Wentworth a Witness for the Earl of Strafford 57. present upon the Scaffold at the Execution of the Earl of Strafford 199. Weston Lord Treasurer his acquaintance with Sir Thomas Wentworth 3. Mr. Baron Weston impeached 343. Articles against him 356. Lord Wharton a Witness in the Case of the Earl of Strafford 93. Mr. Whitacre sent to the Tower for breach of Priviledge 3â—4 White Chairman of the Committee for scandalous Ministers 233 238 246. one of the Committee to expedite the charge against the Arch-Bishop of Canterbury 265. his Speech against Bishops 885. Whitlock sent to the Lords by the House of Commons to aver the accusation of the Earl of Strafford 36. one of the Committee to expedite the Charge against the Arch-Bishop of Canterbury 265. Sir Thomas Widdrington carries up the Articles against the Bishop of Ely 329. his Speech at the delivery of them 395. Sir William Widdrington sent to the Tower by the House of Commons about Candles 272. discharged 288. Wife and Children relieved against a Husband refusing to Cohabit 381. Isle of Wight a motion of the House of Commons that it be put into safer hands 524 608 650. their reasons 655. Bishop Williams a Witness against the Earl of Strafford 89. Wi. Williams called to answer breach of Priviledge bailed 377. Mr. Williamson in Custody for a Sermon bail'd 780. Sir Francis Willoughby Governor of Dublin Castle 628. Lord Wilmot a Witness for the Earl of Strafford 60. Commissary Wilmot sent to the Tower on suspition of Treason 288. bail'd 377. voted guilty of Misprison of Treason and expell'd the House 725. Marquess of Winton an Information of Arms in his House 453. has leave to sell them 600. Bishop of Winton disclaims the Petition and Protestation of the Bishops 799. Sir Thomas Wiseman a Witness against the Earl of Strafford 89. Wishert 's information that Cardinal Richelieu fomented the Irish Rebellion 897. Witnesses examined against the Earl of Strafford 11 35 36 53. Toby Wood Committed to Newgate for Treasonable words 817. Lady Wotton a Recusant Peeress an Order about her 420 457. Sir John Wray smells Gun-powder 192. Bishop Wren Articled against 329. the Articles 398 releas'd of Tenths upon the Poll-Bill 780. Writts of Error an Order about them 272. FINIS
things as may advance the King's Service and that from them it passes to the Lord Keeper or Chancellor That he gave no Directions about it nor was any proof offered that he did as to the Execution he never did Act nor stay a minute as President after that Commission granted which appears by the Date which was 21 March 8 Car. and he went towards Ireland July following and being neither privy to the taking out the Commission nor Execution he appealed to their Lordships and the Gentlemen of the House of Commons Whether he could be Criminal That if there be an Error in a Judge so that he gives a Sentence otherwise than a man of better Vnderstanding conceives Reason for there is no cause it should be heightned to a Treason to take from him his Life and Honor merely because he was no wiser That what Mr. John Gore speaks to is not in his Charge That to what Musgrave deposeth he can say nothing but by way of Divination that he is but a single Witness speaks not to the Charge that what he sayes will hardly convince a man of a Trespass it being Grounded on a Rule in our Law Boni Judicis est ampliare Jurisdictionem as far as in Reason and Justice they may As to Thorp's Testimony which he speaks to was before the Commission 8 13 Car. and so is not within the Charge This he proved Witnesses for the Earl Slingsby Railton and Little that from July 8. 1633. he was out of England and returned not till 1639. by Mr. Slingsby his Secretary Mr. Railton and Mr. Tho. Little but not upon Oath To this the Managers rejoyned That whereas he said the Charge is not Treason if the Fact appear satisfaction will in good time be given That though this particular is not Treason yet all the parts of it amount to the subversion of the Laws of the Kingdom that is prest as Treason and this as an Evidence Then they fell upon that Expression in the charge Art 2. that at a Publick Assizes he should say That some of the Justices were all for Law and nothing would please them but Law but they should find that the King 's little finger should be heavier than the Loins of the Law This they indeavoured to prove Witnesses William Long Sir Thomas Leyton Marmaduke Potter Mr. William Long deposed That he heard him say the words Sir Thomas Leyton deposed the same and the deposition of Marmaduke Potter deceased since his Examination was read being to the same words To this he answered He could not possibly be guilty of the words as laid in the Charge which sayes it was August after the 21 March 8 Car. at what time he was in Ireland but he would not stand upon Niceties that truth might appear that the words he spoke were That the little finger of the Law was heavier then the King's Loins which agrees with the eccasion for Sir Thomas Leyton Sherriff Levying with great rigor some Knighthood-Money which was paid before but by some Error above sent down again upon which he desired Sir Thomas to return the Money and he would see him discharged in the Exchequer it being so great an Injustice to the Persons and to satisfie the Country he told them the Commission was of Grace and Favour applying those words before recited that none of the Witnesses took notice of the Occasion Dr. Duncomb being demanded what he knew deposed for the Earl Witnesses Dr. Duncomb for the Earl Sir William Pennyman That Sir Edward Stanhope told him in the presence of divers that my Lord had said That speaking of the Prerogative as easier then the Common Law he heard him use the words before recited But Sir William Pennyman positively averred it to be as my Lord had declared at which the managers took great Exception saying He did his duty well being a Member not to inform the House before The Earl desired he might not be prejudiced for his Testimony professing he would put himself upon God's Mercy and not make use of any member of either House though his principal Witnesses were of them rather than be guilty of the Injustice of overthrowing another to save himself Then Sir David Fowles was offered as a Witness but my Lord excepted against him being then a Prisoner in the Fleet at my Lord's Suit But he was over-ruled the Evidence being for the King He deposed positively That he heard the words but the occasion he did not remember but being interrogated as to the occasion a little after he answered That before my Lord went to Ireland he made a Speech to the Countrey and desired them to go on in their Service and to break out in these words which as it contradicted the former Evidence as to the Occasion so he contradicted himself saying but just before he could not well remember the Occasion Sir William Ingram deposed the words but could not remember the Occasion To this the Earl replied That admitting the words spoken Sir William Ingram yet they were not Treason and referred that as a point of Law in due time to be argued by his Councel and the Managers adding they had proved the Fact the Court adjourned This day they proceeded to the Third Article Thursday March 26. The Fourth Day That the Earl should say That Ireland was a Conquered Kingdom and the King might do with them what he pleased That the Charters of Dublin were nothing worth and did bind the King no further than he pleased The Earl moved that he might add something material to what was spoken yesterday the Manager opposed it as contrary to Order The Earl said it was a Court of Honour and a Rule to it self alledging the disadvantage of suddain Answers but it was denied him Then he moved the Witnesses might not stand with the Committee but apart as in other Courts which was also denied Robert Kennyday was produced Robert Kennyday but the Earl objected against him as a person Sentenced for Misdemeanors in his Office of Remembrancer saying It was his great Misfortune that all that have suffered under the King's Justice in his Ministry are ready to be Witnesses against him But the Manager replied If he was guilty of Extortion yet not of Perjury So he was sworn and deposed positively that he heard the words Sept. 30. 1633 spoken at the Presenting a New Mayor of Dublin The Earl of Cork was sworn against whom the Earl Excepted Richard Earl of Cork in regard of an Information against him which under his hand and Seal he had confessed and acknowledged himself in the King's Mercy for which he might be supposed to be displeased at him for something done in that Cause To this it was said the reflection was unfit the Earl of Cork being a Privy-Councellor so he was admitted He said he came over with a Resolution not to complain and left his Papers behind him that he might have no temptation to it but
be made acquainted by the Lords of the Council why they Committed and therefore Remitted him And in Michaelmass Term after the said Jenings being brought by another Habeas Corpus as aforesaid and the same returned yet he the said Sir John Brampston refused to Discharge or Bail him but remitted him And in Easter Term next after several Rules for His Majesties Council to shew cause why he the said Jenings should not be Bailed a fourth Rule made for the said Jenings to let His Majesties Attorney have notice which notice was given accordingly yet he remitted him And the said Jenings by another Habeas Corpus brought to the Barr as aforesaid in Trinity Term after and the same return with the addition of a new Commitment of the fourth of May 1638. suggested that he the said Jenings had used divers scandalous words in derogation and disparagement of his Majesties Government After several Rules in the end of the said Trinity Term he again remitted him to Prison And he the said Sir John Brampston about the ninth of July after at his Chamber in Serjeants-Inn being desired by Mr. Meawtis one of the Clerks of the Council-Board to discharge the said Jenings for that he the said Jenings had entred into a Bond of 1000 l. to appear before the Lords of the Council the next Michaelmas Term after and to attend de die in diem yet the said Sir John Brampston refused to discharge the said Jenings until he entred into Recognisance to appear the next Term and in the mean time to be of his good behaviour And the said Jenings was continued on his said Recognisance till Easter Term after And the said Sir John Brampston did on the fifth of June 1640. deferr to grant His Majesties Writ of Habeas Corpus for Samuel Danvers and William Pargiter Esquires Prisoners in the Gate-House and in the Fleet and when he had granted the said Writ the said eighth Day of June after the return being the Order of the Council-Table not expressing any cause he the said Sir John Brampston deferred to Bail the said Pargiter And the eighteenth of June after made a Rule for a new return to be received which was returned the five and twentieth of the said June in haec verba Whereas His Majesty finding that His Subjects of Scotland have in Rebellious and Hostile manner Assembled themselves together and intend not only to shake off their obedience unto His Majesty but also as Enemies to Invade and Infest this His Kingdom of England to the danger of His Royal Person c. For prevention whereof His Majesty hath by the Advice of His Council-Board given special Commandment to all the Lord Lieutenants of all the Counties of this Realm with expedition to Arm and Array a certain number of able Men in each County to be prepared ready to be conducted to such places as should be appointed for their Rendezvouz in their several and respective Counties there to be conducted and drawn together in a Body for this Service And whereas His Majesty according to the Laws and Statutes of this Realm and the constant Custom of His Predecessors Kings and Queens of this Realm hath Power for the defence of this Kingdom and resisting the Force of the Enemies thereof to grant forth Commissions under His great Seal to such fit Persons as he shall make choice of to Array and Arm the Subjects of this Kingdom and to compel those who are of able Body and of able Estates to Arm themselves and such as should not be able of Bodies but of Ability in Estate to Assess them according to their Estates to contribute towards the charge of Arraying and Arming others able of Body and not being able in Estate to Arm themselves And such Persons as should be contrariant to commit to Prison there to remain untill the King should take further order therein And whereas the Earl of Exceter by vertue of His Majesties Commission to him directed for the Arraying and Arming of a certain number of Persons in the County of Northampton hath assest William Pargiter being a Man unfit of Body for that Service but being of Estate and Ability fit to contribute amongst others to pay the Summ of five Shillings towards the Arraying and Arming of others of able Bodies and wanting Ability to Array themselves And whereas we have received Information from the said Earl that the said William Pargiter hath not only in a willful and disobedient manner refused to pay the said Money assessed upon him towards so Important a Service to the disturbance and hinderance of the necessary defence of this Kingdom but also by His ill example hath misled many others and as we have just cause to believe hath practised to seduce others from that ready obedience which they owe and would otherwise have yielded to His Majesties just command for the publick defence of His Person and Kingdom which we purpose with all convenient speed to enquire further of and examin These are therefore to will and require you to take into your Custody the Person of the said William Pargiter and him safely to keep Prisoner till further Order from this Board or untill by due Course of Law he shall be delivered And the like return was then made in all things mutatis mutandis concerning the said Danvers for not paying a Summ of Money assessed upon him Yet he the said Sir John Brampston deferred to Bail the said Danvers and Pargiter but remitted the said Danvers to the Fleet where he remained till the 12 of July 1640. and the said Pargiter to the Gate-House where he remained till the Ninth of November last although the said Jenings Danvers and Pargiter upon all and every the said Returns ought to have been discharged or bailed by Law and the Councel of the said Jenings Danvers and Pargiter offered in Court very sufficient Bail And he the said Sir John Brampston being Chief Justice of the Court of Kings-Bench denyed to grant His Majesties Writ of Habeas Corpus to very many other His Majesties Subjects and when he had granted the said Writs of Habeas Corpus to very many others His Majesties Subjects and on the return no Cause appeared or such Cause only as was clearly bailable by Law yet he remanded them where they remained Prisoners very long which said deferring to grant the said Writs of Habeas Corpus and refusals and delays to discharge Prisoners or suffer them to be Bailed contained in this Article are destructive to the Fundamental Laws of this Realm and contrary to former resolutions in Parliament and to the Petition of Right which said Resolutions and Petition of Right were well known to him the said Sir John Brampston 4. That whereas there was a Cause depending in the Court Christian at Norwich between Samuel Booty Clerk and Collard for two Shillings in the Pound for Tythes for Rents of Houses in Norwich and the said Collard moved by his Councel in the Court of Kings-Bench
concerning the Declaration of the House about Innovations the Committee have sent divers of them into the Country and have found that in some places where there were good Ministers It was designed for a Snare for the Loyal Clergy they were Entertained and in some other places they were neglected but for the most part it is by those that have been questioned here for other Matters The Committee took into Consideration the Intention of the House concerning the publishing of the Declaration therefore they gave Directions to require the publishing thereof in Churches and that the Churchwardens might see the Execution thereof Some Particulars concerning this will come in a Special Report which I shall now only touch upon in General in regard of the Great Importance of the Business first to be considered of this day touching the Troubles of Scotland of which I shall give you an account The next thing the Committee did take into Consideration was the Correspondency with the Committee in Scotland in receiving Letters from them and sending Answers to them I shall not need to produce their several Letters now it will take up too much time but the chief Point was touching the Disbanding of the Army and two Garrisons of Berwick and Carlisle for Carlisle it is totally Disbanded and the Soldiers sent into Ireland to be placed there as they were before in the King's Army for we did conceive it Fitter those new men now in the King's Army there should be dismissed and these that were formerly taken from thence should be entertained again for we hear a good report of their Carriage at Carlisle For the Garrison at Berwick that required longer time of Consideration at the Committee for besides the demolishing of the Works which was much pressed by the Scots and seconded by a Letter from his Majesty out of Scotland there was a want of Money yet the Committee got sufficient to Disband all and sent it down and because the Scots Commissioners desired to know a certain day of our Disbanding and then they would upon knowledg of that disband their Forces whereupon the Committee set down the 15th of October to be the last day of Disbanding and the Letter yesterday received from Sir Michael Ernley shows that he hath Money enough to disband all and that the Horse are disbanded and Five Companies of Foot and that on Friday last the other Companies of Foot had been disbanded but that a Letter came from Sir Henry Vane in his Majesties Name requiring to stay the disbanding of the rest till further Order of which you shall hear more when I come to that part of my Report month October 1641. For the Arms and Ammunition at Carlisle the Committee gave Order for the safe laying of them up to be well kept till the next Spring that it be more Seasonable to send for them away they being now five or six miles from the Sea side which would have taken now much time to have shipped them and Sir George D'alliston and other Members of the House are desired to take care of the safe keeping it in the mean time For the Ammunition at Berwick the Committee have sent six Ships to Transport the same to the Tower and agreed with them for a certain Sum for the doing thereof within such a time and if they stayed longer to have so much per diem for demurrage The next thing we took into Consideration at the Committee was concerning Tumults though we cannot say any great Tumults yet there were seeds sown which might have occasioned some in the Execution of the Order of the House touching Innovations but I shall make a particular Report of those Parishes where they were at blows and likely to come to blows if the Committee had not sought the prevention of it which was the Ground why the Committee entertained their Petition There was another like Trouble and sign of Tumult by the frequent resort of Troopers to Town and to the Committee who delivered in Thirty Petitions to the Committee in their own Names and the Names of other discontented persons in the Army We could not refuse to accept their Petitions lest they should grow to Tumults and of their Complaints and the Nature of them I shall give a particular Report but the Committee Voted nothing concerning them It will be very fit to resolve something concerning them that they may depart the Town for under the name of the Soldiers many Robberies are done which occasioned the Committee to give Order See here a Committee Exercise more power than they would allow the King and a pretty Evasion of the Order of Parliament in giving single Passes by which 20000 Men might have been as Easily Transported as 200. That all of them that desire to have Passes to go beyond Sea might have the same But this would not serve their turn unless they might have liberty to receive pay here to go in Companies under Commanders to the Service of Forreign Princes which the Committee could not give way unto in regard of the Ordinance of both Houses to the contrary There is another Head the Committee had in Charge concerning the King's Revenue All that we could do in that which I did by the direction of the Committee was to take Care for a Ballance touching the same and accordingly I spake with the King's Officers about it and a Ballance will be ready when you shall please to call for it The next was concerning the Exchange beyond Sea I think for that there will be a good return made for the Benefit of the Common-wealth Another thing was concerning the Irish Petitions but the Gentleman that used to be in the Chair for Irish affairs Mr. Whistler was out of Town and had most of their Petitions with him so we could do nothing only one Mr. Cope and Mr. Lomach who had long attended had their Case made known to the Committee the one desiring to have two Witnesses Examined upon a Petition here depending who are ready to go to Sea and the other Mr. Cope of English Parents and great Family is a Petitioner for recovery of an Estate of great Value which he conceives hath been long kept from him wrongfully and desires that a Committee may but consider of the Depositions already taken touching the same in several Courts of Record Whether these be not just Cause for him to have Relief and matter of Ground to proceed on in his Petition and if not he will desist in Petitioning the House Next thing in Charge was concerning the Delinquents in that we made but a small progress for we had a desire to have perfected the Charge against my Lord Archbishop of Canterbury but in regard those of the Long Robe of the Committee were for most part absent we could not proceed therein Next there came to me to my Lodgings at Chelsey Sir John Berkley and Sergeant Major Oneal who said That they were accused and had rashly withdrawn themselves but upon
might be secured lest the same Design might be intended by them here which they have cause to fear Next That there were divers Laws and good Motions sent up to the Lords for the good of this Church and Common-wealth and that the great Impediment which did arise there that they passed not was from the Bishops and they did conceive that so long as their Votes was in the Parliament it would be a hindrance to the Progress of all good Laws and Motions and therefore they desired a further endeavour to take away their Votes This being thus said by them they put it to the Vote for lending Money and not one Hand or Vote against it And they did further declare That if the Lord Mayor would send to every Ward they would presently pay the Money or subscribe to do it in a short time The Reader may now observe That the City began to Dance after the Pipe of the Faction at Westminster and to load the poor Bishops with being the Cause of the stoppage of the intended Reformation They had wrested the Lord Mayor's Prerogative from him in the Election of one of the Sheriffs as before was shewn and did with great industry endeavour to get the Government of the City out of the hands of those who were of known Loyalty to the Crown and Affection to the Church The Faction in the Commons House needed not this Spur to quicken the Career of their Animosity against the Lords the Bishops however it was extream welcome to them and an usual Artifice by their Agents to put both the City and Country upon Directing and Petitioning what they had a mind to bring to pass this gave a great colour to their proceedings as being agreeable to the desire of the Nation the mind of the People of England and the wishes of the City for those of their Tribe though not the 40th part of the City Nation or People yet they took upon them these great Names And this Arrogant Usurpation of making themselves the Representatives of the good People of England was a vanity which was inseparable to the Party and which we shall find them making Use of upon all occasions The House of Commons thereupon fell briskly upon the Plea and Demurrer of the Bishops which was read twice The Bishops Plea and Demurrer voted Dilatory and then it was Resolved c. That this Plea and Demurrer of the Bishops is Dilatory and insufficient This Vote seems to be given at all adventure for after the Vote a Committee was appointed to consider of the Plea and Demurrer and to present their Opinion what they think fit to be done upon it and after some time Serjeant Wild Reported That after a long Debate in the Committee and variety of Opinions they came at last to this Conclusion That this Plea and Demurrer is Dilatory and insufficient just as the House had Voted before and without shewing any Reasons why but that these 12 Bishops have made no Answer and therefore to desire the Lords That they may put in a peremptory Answer such as they will stand unto There is not the meanest Freeholder in England but by the Common Law of England ought to have had the Liberty to have a Demurrer argued and unless it could be over-ruled by sound Reason and Law it must have been allowed a good Plea and yet these venerable Men who had all the security that the Magna Charta the Common and Statute Law could afford them for their Right of Peerage and Voting in Parliament could not be allowed that Common Right but without the least shadow or Error in the Plea and Demurrer assigned must be obliged to give another Answer This was the Justice of those Men and Times But it was no wonder to see them violate the Laws of Reason Religion and their own Nation for even the Law of Nations as you have seen before in the Venetian Ambassadador's Case whose Letters were opened at their Instance and Direction was not able to preserve its Sacred Power For a Complaint was brought to the Commons House by Segnior Amerigo the Agent of the Duke of Florence that under pretence of searching for Priests his House was broken open by Persons who shewed their Authority for it And hereupon even shame The Agent of Florence outraged lest Foreign Nations should withdraw all Commerce and Correspondence from them who violate the Common Law of all Nations obliged them to appoint a Committee To consider of the Outrages these are the words of their own Journal offered to Segnior Amerigo Agent to the Duke of Florence and likewise to consider of the Abuses of those Men that are imployed by this House for apprehending of Priests and they are to consider of some fit way of Reparation to be made to Segnior Amerigo and to present them to the House This day a Petition of the City of London was read Monday Novemb. 15. Touching the abuse of many Protections which was to the stopping of Trade c. but because the Petition was too General it was agreed it should be delivered back again to be mended and then their Lordships will consider further of it A Message was sent from the House of Commons to desire That the Examinations taken by the Lords Committees concerning the Plot of the Army may be sent down to the House of Commons to be made use of The Examinations were delivered Sealed to the Clerk of the Parliament and it was Debated Whether they should be openly read in the Lords House before they were sent down and upon the Question it was Resolved That they should and thereupon they were opened and read acccordingly They had now a Necessity to revive the Business of the Design of bringing up the Army that by the Assistance of that which they made a mighty Plot they might inforce the great Necessity of the King 's parting with all his Friends in Power and Trust under the Notion of Evil Counsellors with which Debate the House of Commons was in a manner now wholly taken up but sure they were the most Fortunate Persons in the World to be upon all Occasions furnished with the discovery of fresh Plots to carry on their Designs and give them countenance among the Amazed and Affrighted People and one lies under the Temptation of believing that they were the Contrivances of the Faction rather than Realities when it is observed how luckily the Discoveries happened to fall in with their other Designs For in the very nick of time when they were at a dead-lift to get the House of Lords purged of the Popish Beal's Plot. and Popishly Affected Lords and Bishops up starts one Beal a Taylor and Discovers a mighty Plot. For this Day a Message was brought from the House of Commons by John Hampden Esq to let their Lordships know That this Day there came a Man to the Door of the House of Commons and sent in Word That he had Matters of a high
Nature to reveal concerning some Lords and Members of the House of Commons Upon this the House sent forth some Members to speak with the Man who acquainting the House with some Discourse they had with him the Commons sent for him in who beginning to relate the Business the House of Commons would not suffer him to name any Person lest the Parties hearing of it should Fly And because it concerned some Peers of this House the House of Commons have sent the Man who is now at the Door ready to be Examined openly or in what manner else their Lordships in their Wisdom shall think fit Then Thomas Beal a Taylor dwelling in White-Cross Street was called in and made a Relation of the whole Matter with all the Circumstances which was as follows THat this day at Twelve of the Clock Beal's Narrative before the Lords he went into the Fields near unto the Post-House and walking on a private Bank he heard some talking but did not see them at first but finding them by the Voice he coming within hearing of them understood they talked of State Affairs and going nearer them he heard one of them say that it was a wicked thing that the last Plot did not take but if this goes on as is in Hand and intended they shall be all made And also heard them say That there was 108 Men appointed to kill 108 Persons of the Parliament every One his Man some were Lords and the others were to be Members of the House of Commons all Puritans and the Sacrament was to be Administred to the 108 Men for performing of this and those that killed the Lords were to have 10 l. and those that were to kill the Members of the House of Commons 40 s. That Gorges being the 37th Man Very notable Rewards had taken the Sacrament on Saturday to kill one of the House of Commons and had received 40 s. That one Phillips coming to London on Sunday Night late was charged to be at my Lord's Chamber where was only my Lord Father Jones and Father Andrews he also had his Charge and five more with him he being the 108 man and the last as he thought That Phillips had been in Warwick-shire and in Buckingham-shire with Letters and that he delivered Letters to Mr. Sheldon who gave him his Dinner and a Piece for his Pains charging him to make haste to London again and giving him Letters to deliver to my Lord. That Dick Jones was appointed to kill that Rascally Puritan Pym and that 4 Tradesmen were to kill the Puritan Citizens which were Parliament men That on the same day being the 18th of this Month when the City shall be in a Tumult there shall be Risings in Six several Parts of this Land by the Papists viz. in Warwick-shire Worcester-shire Buckingham-shire Lancashire and Two other Places which he remembers not That those that were to kill the Lords were brave Gallants in their Scarlet Coats and had received every man 10 l. a piece and when that was gone they might come and fetch more That this was to be done either coming down Stairs or taking their Coaches or entring into their Lodgings or any other way as they should see opportunity That although all were not killed yet the Tumult would be so great that it would prevent sending to Ireland and that was Father Andrews his Wit to prevent sending thither because if they prevailed there they should not have Cause to fear here This Relation being made Beal was commanded to withdraw and the House took into serious Consideration what Course was fit to be speedily taken in this Business And the House being informed That there is one Father Brown a Priest in the Gate-House who is a likely Man to give Information and Descriptions of Jones and Andrews mentioned by Beal the Lord Chief Justice of the Common-Pleas and Mr. Justice Reeves were appointed to go presently to the Gate-House to take his Examinations It was also Ordered That the Justices of the Peace Order to Apprehend Priests and Jesuits of the City and Liberties of Westminster the Justices of Peace for the County of Middlesex and the Lord Mayor and Sheriffs of London do presently make speedy and privy Search this Night for Father Jones and Father Andrews Priests and for all other Seminary Priests and Jesuits and to cause them to be forthwith Taken and Apprehended and put into safe Custody until the further Pleasure of this House be known and that their Names be returned to this House and that any Man that shall discover any Popish Priest or Jesuit and procure them to be Apprehended shall be rewarded by the Parliament It was further Ordered That the Gentleman Vsher attending this House or his Deputy shall repair unto Edward Sheldon Esquire the Elder Order to seize the two Mr. Sheldons upon Beal's Discovery and Edward Sheldon the Younger his Son and bring them unto the Lords in Parliament with a safe and Strong Guard upon them if there shall be Cause and that the Sheriff of the County wherein the said Mr. Sheldons now Reside shall Aid and Assist the said Gentleman Vsher or his Deputies for the safe bringing up of the said Mr. Sheldons to the House if the said Gentleman Vsher or his Deputies shall desire it And that the said Gentleman Vsher or his Deputies shall call in two of the next Justices of the Peace and Seal up their Study Doors and make search for Priests and Jesuits and bring them up that they may be Proceeded against as this House shall direct Ordered That Mr. William Sheldon now in Town be forth-coming at such time as this House shall send for him and in the mean time his Study to be sealed until further Order Ordered That all Lords Recusants being Members of this House and Peers of Parliament being now in Town shall come to this House on Tuesday the 16th of this Instant November by Nine of the Clock in the Morning Ordered That strict and near Search shall be made with all possible Speed in all Parts in and about the City of London and the Liberties thereof for one called or known by the Name of Richard Jones who being Apprehended shall be forthwith brought before the House And it was also Ordered That the Deputy Lieutenants of the Counties of Worcester Lancashire Warwick-shire and Buckingham-shire have a Charge to secure the said Counties The Lord Chief Justice of the Common-Pleas Reported Thnt he hath Examined Father Brown whether he knows any such Men as Father Jones and Father Andrews and his Answer is he knows no such In the Commons House a Committee was appointed to prepare a Draught of an Ordinance of Parliament for the putting the Trained-Bands into a readiness and posture of Defence upon all Occasions and likewise for securing the Persons of the Prime Papists and the Knights Citizens and Burgesses to bring in Lists of the Prime Papists in their several Counties Tuesday Novemb 16. Mr.
House of Commons an Order was issued to the High Sheriff of Suffolk calling to his Assistance Sir William Spring Mr. Order to search the Lady River's House for Arms. Maurice Barrow or either of them to his assistance to search the House of the Lady Rivers and to seize what Arms they shall find there and put them in safe Custody Another Order was issued to the Vice-Chancellor of Oxon Order to search for Arms at Oxon. the Major and Sir Nathaniel Brent Alderman of that City or any two of them to search the Houses of Mr. Green Mr. Napier at the Starr and Mr. Williams and any other suspected Place for Arms and take good Order to remove them and put them in safe Custody and shall likewise seize the Persons of such Recusants as shall resort to either of these Places or any other House or Place within the University or City of Oxon. It was also Ordered That a Messenger be sent Post on purpose to Portsmouth with the Ordinance of both Houses and this House undertakes to see the Messenger paid Then Mr. Bagshaw of Windsor was called in and did inform the House Bagshaw of Windsor an Informer That the last Night as he went to Windsor he saw divers Troops of Horse That there came a Waggon loaden with Ammunition last Night to Windsor That there was another Waggon that went away from Windsor to Farnham That there was a Messenger gone to Portsmouth That he was informed there were about 400 Horse in the Town and about some forty Officers Whereupon Mr. Arthur Goodwin was sent to desire the Lords to sit a while in regard this House doth believe they shall have Occasion to come up to them with some Matters of great Importance And presently after Sir Edward Hungerford went up to the Lords to desire a Conference touching the Peace and Safety of the Kingdom And upon this Information Skippon ordered to send out Scouts by Land and Water which was of the same Stamp with the other about Kingston it was Ordered That Serjeant Major General Skippon do take Care That ten Horsemen be forthwith appointed to go as Scouts from time to time to bring Intelligence if any Forces do approach near the City and this House will undertake that they shall be satisfied and also to take care for the appointing of such Boats or small Vessels as shall be necessary by Water for the Service aforesaid and the House will take care Satisfaction also be given to those so imployed It is impossible to enter into the Head of any Man of Sense that the Faction was under any real Fears from this Information but there is another sort of Fear a Politick Fear which was by these preparations of Scouts by Land and Water to perswade the City that the Parliament had discovered some huge Plot against them which they were so solicitous to prevent for had the Information been true as in probability it was very false since Bagshaw does not affirm it of his own Knowledg but by a second-hand Information which he had met with what occasion of Fear could 400 Men give to the City of London or to the Parliament the House of Commons being able to have given Battle to such a Number if they should have had any Design against them as they indeavoured to make the City and the whole Nation be lieve But the Faction had a very particular Service for these strange Rumors which they so industriously fomented and magnified and that was by the help of these imaginary Dangers to wrest the Sword of the Militia out of His Majesties hands for unless they had the management of it they nor the Kingdom as they made the People believe could not be in any condition of Safety And in order to this Mr. Pierpoint Committee for putting the Kingdom into a posture of defence Sir Richard Cave Mr. Hollis and Mr. Solliciter Sir Philip Stapleton Mr. Glyn Sir H. Vane Mr. Chancellor of the Exchequer were appointed to be a Committee to consider of some Heads and present them to the House to morrow morning for putting the Kingdom into a Posture of Defence Then his Majesties Answer to the desires of the Commons concerning Arms for Ireland was read as followeth HIS Majesty having considered of the Message delivered to him from the House of Commons of the 12th of this present Month His Majesties Answer to the Commons concerning Arms out of the Stores for Ireland whereby it is desired that he should give a general Warrant for delivery of Arms and Ammunition for the Service of Ireland returneth this Answer That as His Majesty hath been very careful to contribute all that possibly he could for furnishing Provisions for the Relief of Ireland so he shall be ready to give Warrants immediately from time to time for any particulars that shall be thought fit by his Parliament to be sent out of his Stores for that Service and for the present hath given Warrant for the delivering 1500 Muskets with all things to them belonging and 500 Pikes and Corslets and 2000 Swords out of his Tower of London and Arms for 500 Horse out of the Magazine of Hull The Earl of Newport this day signified to the House Saturday January 15. That he had received Warrants from the King to Transport the Arms and Ammunition desired for Ulster only he wants Money and Ships to convey them A Conference was had between the Lords and Commons concerning the Lieutenant of the Tower Lord Keeper Reports the Conference concerning the Lieutenant of the Tower which the Lord Keeper thus Reported That the House of Commons conceive the Tower of London to be a Place of that great Importance that they do renew a former Motion that their Lordships would joyn with them humbly to Petition the King that the Lieutenant now in may be removed and such a Person put in as the King Parliament and City may confide in The Parliament confides not in Sir John Byron because he hath been disobedient and hath refused to come upon the Summons of both Houses of Parliament not that they speak this as desiring it may be a cause of Punishment upon him but as a ground of distrust The City says Though the Lieutenant may be a worthy Gentleman otherwise yet he is a Man unknown to them which already causes ill Effects for Merchants begin to take away their Bullion out of the Mint and write Letters to their Factors to send no more And at the present there is a Ship come laden very richly with Bullion but the Owners do forbear to bring it into the Mint because they cannot confide in the Lieutenant of the Tower This concerns the City and Trade exceedingly for it is a Charge to the City to maintain a Guard about the Tower therefore the House of Commons desires their Lordships to join with them in an humble Petition to his Majesty That Sir John Byron now Lieutenant of the Tower may be
of the House of Lords 849. At the Bar of the House of Commons 856. A Petition of some Merchants c. against him 881. A Motion of the House of Commons for displacing him dissented to by the House of Lords 882. Cruelty of the Irish Rebels 633. Customers offer 100000 l. for an Act of Oblivion 256. are Ordered to pay 150000 l. ibid. Votes about the Petty-Farmers 258. who Petition the House 265. Custos Regni insisted on by the House of Commons 425. the Judges Opinion about it 430. D. SIr Thomas Danby a Witness for the Earl of Strafford 95. Mr. William Davenant accused for a Conspiracy to seduce the Army 232. a Proclamation to stop him 233. sent for by a Serjeant 245. Committed 246. Bayled 377. Lord Chief Baron Davenport Impeach'd by the House of Commons 343. Articles against him 347. Sir Thomas Dawes a Writ Ne exeat regnum against him 425. Deans and Chapters defended by Doctor Hacket in the House of Commons 240. Speeches in Parliament concerning them 282. 289. Debts of the Kingdom considered by the House of Commons 257. 724. Declaration of the House of Commons concerning several Church-matters without the consent of the House of Lords 481. of the House of Commons of Ireland upon the Queeres proposed to the Judges there 584. of the English Parliament touching the Irish Rebellion 601. of the House of Commons against Inigo Jones 728. of the King in answer to the Remonstrance 746. of the House of Commons concerning the Tower and Collonel Lunsford 778. Declaration of the State of the Kingdom projected 615. debated 664. appointed to be delivered and by whom 689. set down at large 692. c. how received by the King 709. House divided about Printing it 743. Declaration for a Posture of Defence 850. rejected by the House of Lords 857. Declaration concerning Breach of Priviledges 853. Sir Edward Deering Chairman of a Sub-Committee for Scandalous Ministers 245. delivers the Bill for abolition of Episcopacy with a Speech 248. how unfortunate 249. his Speech about Episcopal Government 295. concerning the Order for removing the Communion Table 493. concerning Bowing at the Name of Jesus 610. about the Declaration of the State of the Kingdom 664. against passing it 668. the behaviour of the factious to him 672. Defence of the E. S. to the first Article against him 54. to the second 55. third 56. fourth 58. fifth 60. sixth 61. eighth 63. ninth 64. tenth 65. twelfth 67. thirteenth 68. fifteenth 71. sixteenth 74. nineteenth 78. twentieth to twenty fourth 84. to 87. twenty fifth 89. twenty sixth 91. twenty seventh 94. twenty eighth 99. Delinquents who are so Voted their Estates to be seized 511 Delinquents about the Sope Patent 513. Serjeant Dendy Inform'd against for words 888. Bishop of Derry Impeach'd 566. Articles against him 570. Sir Simon D'ewes his Speech about the Poll-Bill 322. concerning the Palatinate 368. Differences between the Lords and Commons about the Votes for the Protestation 416. Lord Digby one of the Committee to prepare the Charge against the Earl of Strafford 7. appointed one of the Managers of the Evidence against him 28. his Speech at passing the Bill of Attainder 157. which is Ordered to be Burnt by the Common Hangman 160 389. exceptions taken at some Words of his 271. expelled the House of Commons 275. made a Baron and added to all the standing Committees ibid. a Message from the House of Commons about him 791. Information against him 845. Summoned to attend the House of Lords 882. his Apology at large 863. Lord Dillon a Witness for the Earl of Strafford 56 58 60 61 71. made one of the Lords Justices of Ireland 564. displaced to please the Faction ibid. Committed by the House of Commons 786. Directions of the House of Commons for taking the Protestation 229. of the same to their Committee during the Recess 481. Disbanding the Army Votes Orders c. about it 233 286 454 456 457 458 461. Disbanded Soldiers to be permitted to go beyond Sea 495. Dondalk taken by the Irish Rebels 636. Sir James Douglas sent for as a Delinquent 753. Mr. Edward Dowdall's Depositions concerning the Treaty between the Lords c. of the Pale and the Irish Rebels 907. Bishop of Down a Warrant to him concerning Contemners of Eeclesiastical Jurisdiction 63. William Dowson a Witness against the Earl of Strafford 94. Thomas Drinkwater ordered to the Pillory for a Contempt 238. excused 245. Drogheda see Tredagh Dublin Fortified 636. Citizens pretend themselves not able to raise 40 l. ibid. cunningly victualled by the Master of the Rolls 637. Strangers ordered by Proclamation to depart the City and Suburbs 637. Dr. Duncomb Witness for the Earl of Strafford 55. Dunkirkers laden with Ammunition for Ireland stopt 844 857. Durham House assured to the Earl of Pembroke by an Act 426. Dutch Ambassador desired to assist in stoping the Dunkirkers 857. E. EDwards a Witness against the Earl of Strafford 90. Egor a Witness against the Earl of Strafford 36. Election of Members Cases about it 599. 870. Sir John Elliot 's Case 376. Bishop of Ely his Case with Lady Hatton 270. see Wren Dean of Ely see Fuller Embassadors Voted not to entertain Priests Natives of England 373. French or Spanish Embassadors see French or Spanish Episcopacy a Bill Proposed for the Abolishing of it 248. Sir Edward Deering 's Speech upon it 248. Sir Benjamin Rudyard 's 249. the Lord Newark 's 251. Votes of the House of Lords upon it 255. Report of a Conference about it 259. Debated in the House of Commons 275. two Papers concerning it presented to the House of Commons 301. Votes about it 380. Order to discourage Petitioners for it 655. Epitaphs upon the Earl of Strafford 204. 205. Sir Walter Erle one of the Commissioners to prepare the Charge against the Earl of Strafford 7. appointed one of the Managers of Evidence against him 28. gravell'd in his Management he is assisted by the Lord Digby 100. sent down to secure Dorsetshire 233. Earl of Essex made Lord Lieutenant of Yorkshire 247. and Lord Chamberlain 407. Motion of the House of Commons that he have power over all the Train'd Bands South of Trent 608. lays down that Commission 684. Evidence against the Earl of Strafford Summ'd up by him 104. Examination of Owen Connelly about the Irish Rebellion 520. of Mac Mahan concerning the same 521. of Richard Grave 522. of Mr. Attorney General about the five Members 873. Exceptions taken at some words of the Lord Digby 27. at a Letter from the Speaker of the House of Lords of Ireland 417. at a Message from the House of Lords by one Person only 474. at the Bishop of Lincoln 477. at the Kings Speech 739. Exclusion of the Bishops from Voting in the case of the thirteen Impeached Bishops a Conference about it 500. Execution of the Earl of Strafford 201. Explanation of the Protestation 241. of the Act of Pacification 625. Extract of Letters from the Lords Justices of