desire the Lieutenant may be sent for to give an Account of these things Which the Lords agreed to and immediately sent for the Lieutenant and Captain Connisby to atttend both Houses of Parliament presently But this was not satisfactory enough for Mr. Pym came with a second Message to the same Effect And that therefore the House of Commons desire that Directions may be given to the Lieutenant of the Tower and the Master of the Ordnance That no Provisions or Ammunition whatsoever shall be sent out of the Tower without the King's Authority signified by both Houses of Parliament and that no extraordinary quantity of Provisions be brought into the Tower without his Majesties Pleasure signified by the Houses of Parliament For the putting this in Execution the House of Commons desire that a convenient Guard may be put about the Tower by Land and by Water and this Guard to be appointed by the Sheriffs of London and to be under the Command of Sergeant Major General Skippon and that the Care of the Parliament herein may be intimated to the Common Council of London Whereunto the House of Lords immediately agreed Thus did they exactly follow the Example of their Brethren of Scotland who in the beginning of the Rebellion there laid a Blockade to the Castle of Edinburgh till they got it into their Power and a Creature of their own placed in it which was the Design now upon the Tower of London And these Messages produced the following Order Ordered by the Lords and Commons in Parliament Order of Lords and Commons to set a Guard upon the Tower That the Earl of Newport Master of the Ordnance and the Lieutenant of the Tower for the time being their Deputies or other Officers shall not permit or suffer any Ordnance Ammunition or other Provisions whatsoever to be carried out of the Tower nor permit extraordinary Increase of Waiters or any Provision of Victuals in any extraordinary Quantity or Proportion to be brought into the Tower without the King's Authority signified to both Houses of Parliament And for the better Safeguard of the Tower It is further Ordered by both Houses of Parliament That the Sheriffs of London and Middlesex shall appoint and place a sufficient Guard about the Tower both by Land and Water under the Command of Sergeant Major General Skippon Commander of the Guards of the Parliament and that these Guards be careful to see the former Order observed And the said Sheriffs are required to intimate to the Common Council of London in what manner the Lords and Commons have provided for the Safety of the Tower Order to stay 4 Dunkirkers with Ammunition c. for the Rebels Then an Order was directed to the Lord Admiral to stay four Ships lately come from Dunkirk with Arms and Ammunition for the Rebels in Ireland also the like Order to the L. Duke of Richmond Constable of Dover-Castle and Lord Warden of the Cinque-Ports and to the Earl of Portland Captain of the Isle of Wight The House was informed that the Lieutenant of the Tower was served with the Order and after he had read it he said Lieutenant of the Tower's answer to the Order to attend the Parliament That he was very desirous to attend the Houses of Parliament according to the Order but conceived he could not come without his Majesties leave first obtained in respect he hath received a Warrant from his Majesty with a Command not to depart out of the Tower without his Majesties leave but to reside there A Copy of which Warrant the Lieutenant sent to the Parliament and Captain Conisby was called in and attested the same producing this following Warrant CHARLES R. TRusty and Well beloved We greet you well The King's Warrant to Sir John Byron Lieutenant of the Tower Forasmuch as in these Tumultuous times We have thought it necessary that the Tower of London where remains not only Our Principal Magazine of Arms and Munition but also Our Records and other Matters of great Importance should be always very well Ordered and that all the Officers and Guard there should be all Resident to perform their Duties Our Will and Command therefore is That you fail not to reside constantly in Our said Tower to see the Guard there to perform their several and respective Duties and that you at no time go out of Our said Tower upon any occasion whatsoever without first acquainting Vs therewith and receiving Our leave and Order for the same and herein We expect that you fail not as you tender Our displeasure and will Answer the contrary for which these shall be your sufficient Warrant Given under Our Signet at Our Court at White-Hall the 10 th day of January in the 17 Year of Our Reign To Our Trusty and Well-beloved Sir John Byron Knight of the Bath Lieutenant of Our Tower of London Whereupon the House conceived That the Lieutenant of the Tower had committed a high Contempt to the Order of this House in not coming notwithstanding the King's Warrant because the King's Command is always supposed to be in an Order of this House And after much debate a Message was sent to acquaint the Commons with the whole Matter A Message was then brought up from the Commons by Mr. Nathaniel Fines Information against Lord Digby Col. Lunsford That whereas the House of Commons hath been informed That Collonel Lunsford and the Lord George Digby Son to the Earl of Bristol with others have gathered together Troops of Horse and have appeared in a Warlike Manner at Kingston upon Thames within the County of Surrey where the Magazine of that Part of the Countrey lies to the Terror and Fright of his Majesties good Subjects and Disturbance of the Publick Peace of the Kingdom the House of Commons hold it fit that particular directions be sent to the Sheriffs of Surrey and Middlesex Bucks and Berks for the suppressing of such Assemblies being contrary to Law and to take some Course for the securing of those four Counties and the Strand and Westminster and the Magazines thereof and for the suppressing of all unlawful Assemblies that are gathered together to the disturbance of the Peace of the Kingdom and they to be required to call in the Justices of the Peace and Train'd Bands of the Counties for their Assistance herein and to give a speedy account of their Proceedings therein to the Parliament The House of Commons do also desire their Lordships to take Order That the Lord Digby a Member of this House be required to give his Attendance here Portsmouth And further they desire That an Order may be sent from both Houses to the Governor of Portsmouth requiring him that he do not deliver up the Town nor receive any Forces into it but by his Majesties Authority signified by both Houses of Parliament And Lastly Common-Council Whereas the Common Council of London hath appointed a Committee to consider of the defence and safety of the
breach of and contrary to the Lawes and Statutes of this Realm in that behalf established 19. That the said Earl having Taxed and Levied the said Impositions and raised the said Monopolies and committed the said Oppressions in his Majesties Name and as by his Majesties Royal Command he the said Earl in May the 15th Year of his Majesties Reign did of his own authority contrive and frame a new and unusual Oath by the purport whereof among many other things the party taking the said Oath was to swear that he should not protest against any of his Majesties Royal Commands but submit themselves in all Obedience thereunto Which Oath he so contrived to enforce the same on the Subjects of the Scottish Nation inhabiting in Ireland and out of a hatred to the said Nation and to put them to a Discontent with his Majesty and his Government there and compelled divers of his Majesties said Subjects there to take the said Oath some he grievously Fined and Imprisoned and others he destroyed and Exiled and namely the 10th of October Anno Dom. 1639. he fined Henry Steward and his Wife who refused to take the said Oath 5000 pounds apiece and their two Daughters and James Gray 3000 pounds apiece and Imprisoned them for not paying the said Fines The said Henry Steward's Wife and Daughters and James Gray being the Kings Liege People of the Scottish Nation and divers others he used in like manner And the said Earl upon that occasion did declare That the said Oath did not onely oblige them in point of Allegiance to his Majesty and acknowledgment of his Supremacy only but to the Ceremonies and Government of the Church established or to be established by his Majesties Royal Authority and said That the refusers to obey he would prosecute to the blood 20. That the said Earl in the 15 and 16 Years of his Majesties Reign and divers years past laboured and endeavoured to beget in his Majesty an ill Opinion of his Subjects namely those of the Scottish Nation and divers and sundry times and especially since the Pacification made by his Majesty with his said Subjects of Scotland in Summer in the 15th Year of his Majesties Reign he the said Earl did labour and endeavour to perswade incite and provoke his Majesty to an Offensive War against his said Subjects of the Scottish Nation And the said Earl by his Counsel Actions and Endeavours hath been and is a principal and chief Incendiary of the War and Discord between his Majesty and his Subjects of England and the said Subjects of Scotland and hath declared and advised his Majesty That the Demand made by the Scots in this Parliament were a sufficient cause of War against them The said Earl having formerly expressed the height and rancor of his mind towards his Subjects of the Scottish Nation viz. the tenth day of October in the 15 year of his Majesties Reign he said that the Nation of the Scots were Rebels and Traytors and he being then about to come to England he then further said That if it pleased his Master meaning his Majesty to send him back again he would root out of the said Kingdome meaning the Kingdom of Ireland the Scottish Nation both root and branch Some Lords and others who had taken the said Oath in the Precedent Article onely excepted and the said Earl hath caused divers of the said Ships and Goods of the Scots to be stayed seized and molested to the intent to set on the said War 21. That the said Earl of Strafford shortly after his Speeches mentioned in the last precedent Article to wit in the fifteenth year of his Majesties Reign came into this Realm of England and was made Lord Lieutenant of Ireland and continued his Government of that Kingdom by a Deputy At his arrival here finding that his Majesty with much wisedom and goodness had composed the troubles in the North and had made a Pacification with his Subjects of Scotland he laboured by all means to procure his Majesty to break that Pacification incensing his Majesty against his Subjects of that Kingdome and the proceedings of the Parliament there And having incensed his Majesty to an offensive War against his said Subjects of Scotland by Sea and by Land and by pretext thereof to raise Forces for the maintenance of that War he counselled his Majesty to call a Parliament in England yet the said Earl intended if the said proceedings of that Parliament should not be such as would stand with the said Earl of Strafford's mischievous designs he would then procure his Majesty to break the same and by ways of Force and Power to raise Monies upon the said Subjects of this Kingdom And for the incouragement of his Majesty to hearken to his advice he did before his Majesty and his Privy-Councel then sitting in Councel make a large Declaration that he would serve his Majesty in any other way in case the Parliament should not supply him 22. That in the month of March before the beginning of the last Parliament the said Earl of Strafford went into Ireland and procured the Parliament of that Kingdome to declare their assistance in a War against the Scots And gave directions for the raising of an Army consisting of 8000 Foot and 1000 Horse being for the most part Papists as aforesaid And confederating with one Sir George Radcliffe did together with him the said Sir George Trayterously conspire to employ the said Army for the ruine and destruction of the Kingdome of England and of his Majesties Subjects and of altering and subverting of the Fundamental Laws of this Kingdome And shortly after the said Earl of Strafford returned into England and to sundry persons declared his opinion to be That his Majesty should first try the Parliament here and if that did not supply him according to his occasions he might use then his Prerogative as he pleased to levy what he needed and that he should be acquitted both of God and man if he took some other courses to supply himself though it were against the will of his Subjects 23. That upon the thirteenth day of April last the Parliament of England met and the Commons house then being the representative Body of all the Commons in the Kingdome did according to the trust reposed in them enter into debate and consideration of the great grievances of this Kingdome both in respect of Religion and the publick liberty of the Kingdome and his Majesty referring chiefly to the Earl of Strafford and the Archbishop of Canterbury the ordering and disposing of all matters concerning the Parliament He the said Earl of Strafford with the assistance of the said Archbishop did procure his Majesty by sundry Speeches and Messages to urge the said Commons house to enter into some resolution for his Majesties Supply for maintenance of his War against his Subjects of Scotland before any course was taken for the relief of the great and pressing Grievances wherewith this Kingdom was then
of the same Quiver For Mr. Pym as a Prologue to those Designs acquainted the House That there were Informations of Desperate Designs at home and abroad to bring up the Army against the Parliament to surprize the Tower that the Earl of Strafford might Escape that Portsmouth was to be betrayed the French were drawing down their Army in all hast to the Sea side And to the same Effect was the Petition of the Rabble States men which follows THat whereas your Petitioners did yesterday Petition for the Redress of many Grievances Petition of the Rabble and for the Execution of Justice upon the Earl of Strafford and other Incendiaries and to be secured from some dangerous Plots and Designs on Foot to which your Lordships have this day given Answer that you have the same under Consideration for which your Petitioners do render humble thanks but forasmuch as your Petitioners understand that the Tower of London is presently to receive a Garrison of men not of the Hamblets as usually they were wont to do but consisting of other Persons under the command of a Captain a great Confident of the Earl of Strafford which doth encrease their fears of the suddain Destruction of King and Kingdom wherein your Lordships and Posterity are deeply interested and this is done to make way for the Escape of the Earl of Strafford the Grand Incendiary They therefore pray that instant Course may be taken for the discovery thereof and that speedy Execution of Justice be done upon the Earl of Strafford Hereupon the Lords sent six Peers to the Tower who Examining the Lieutenant he informed them he had a Command from the King to receive a hundred men under Captain Billingsley into the Tower thereby throwing an Odious Reflexion upon the King as if he were of confederacy for the Earl his Escape which his Majesty understanding did himself the Justice to let the Lords know by a Message That upon a Complaint of Sir William Balfour the Lieutenant of the Tower of the great Resort of People thither he Ordered the said Captain and his Company to guard the Munition there but if that occasion Jealousies his Majesty is willing to receive their Lordships advice And for the other fine story of the Earl's Escape is was discovered by the miracle of three good Wives of Wappings peeping in at the Key-hole out of Curiosity to see the Earl and they heard him discourse with his Secretary Mr. Slingsby about his Escape but Mr. Slingsby upon Examination absolutely denyed it as did also the Master of the Ship which was said to be laid for him only Balfour being Examined confessed the Earl had moved some such thing and offered him the King's Warrant for his Indemnity but whoever considers that he was a Scot a Confident of the Party and that all things were managed by Scottish Counsels Measures and Examples of Tumults and withal how unjustly he had traduced the King just before in the matter of Captain Billingsley will not at all admire he should make a little bold with his Conscience to keep his place to oblige his Friends and Countenance a Report which was so advantageous to the Designs that were then caarying on by Tumults and all the Artifices imaginable But that which puts it out of all doubt is the Letter which this noble Lord writ that very day to the King to pass the Bill of Attainder against him a Generosity as it was very uncommon so very inconsistent with the design of this pretended Escape which seemed rather Levelled at his Majesties Reputation among the People then to have any reality in it The Letter was this May it please Your Sacred Majesty IT hath been my greatest grief in all these Troubles The Earl of Strafford's Letter to the King May 4. to be taken as a person which should endeavour to represent and set things amiss between Your Majesty and Your People and to give Counsels tending to the disquiet of the Three Kingdoms Most true it is that this mine own private Condition considered it had been a great madness since through Your Gracious Favour I was so provided as not to expect in any kind to mend my fortune or please my mind more than by resting where Your bounteous Hands had placed me Nay it is most mightily mistaken for unto your Majesty it is well known my poor and humble Advices concluded still in this That Your Majesty and Your People could never be happy till there were a right understanding betwixt You and them and that no other means were left to effect and settle this happiness but by the Counsel and Assent of Your Parliament or to prevent the growing Evils of this State but by intirely putting Your Self in this last resort upon the Loyalty and good Affections of Your English Subjects Yet such is my misfortune that this Truth findeth little credit yea the contrary seemeth generally to be believed and my self reputed as one who endeavoured to make a separation between You and Your People under a heavier censure than this I am perswaded no Gentleman can suffer Now I understand the minds of Men are more and more incensed against me notwithstanding Your Majesty hath declared That in Your Princely opinion I am not Guilty of Treason and that You are not satisfied in Your Conscience to pass the Bill This bringeth me in a very great streight there is before me the ruine of my Children and Family hitherto untouch'd in all the Branches of it with any foul crime Here are before me the many ills which may befal Your Sacred Person and the whole Kingdom should Your Self and Parliament part less satisfied one with the other than is necessary for the preservation both of King and People Here are before me the things most valued most feared by mortal men Life or Death To say Sir that there hath not been a strife in me were to make me less man than God knoweth my Infirmities make me and to call a destruction upon my self and young Children where the intentions of my heart at least have been innocent of this great offence may be believed will find no easy consent from Flesh and Blood But with much sadness I am come to a Resolution of that which I take to be best becoming me and to look upon it as that which is most principal in it self which doubtless is the prosperity of Your Sacred Person and the Common wealth things infinitely before any private mans interest And therefore in few words as I put my self wholly upon the Honor and justice of my Peers so clearly as to wish Your Majesty might please to have spared that Declaration of Yours on Saturday last and intirely to have left me to their Lordships So now to set Your Majesties Conscience at liberty I do most humbly beseech Your Majesty for prevention of evils which may happen by Your refusal to pass this Bill and by this means to remove praised be God I cannot say this accursed
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
mercy but I declare good People before God and his Holy Angels and all of you that hear me that I never had any Commission from the King for what I have done in Levying or Prosecution of this War and do heartily beg your Prayers all good Catholicks and Christians that God may be merciful unto me and forgive me my sins More of his Speech I could not hear which continued not long the Guards beating off those that stood near the place of Execution All that I have written as above I declare to be true and am ready if thereunto required upon my Corporal Oath to attest the truth of every particular of it And in Testimony thereof do hereunto Subscribe my Hand and affix my Seal this 28th day of February 1681. John Ker Locus Sigilli Nor will it appear at all strange to Posterity that those Infamous Usurpers of the Presbyterian and Indepenent Faction of the Parliament who afterwards Murthered his Sacred Person should attempt to Assasinate the Fame and Honour of that Royal Martyr but when under the Just and Easie Government of the Son of that Father persons who seem extremely solicitous for the Truth and to deliver the most impartial account of those Affairs to Posterity shall adventure to dip their Pens in the same Ink and revive the old sleeping Calumnies and Insinuations it will be absolutely necessary by way of precaution to future Ages to set some Mark upon them and to do Justice to the Memory especially of that Injured and Oppressed Prince by clearing it from these false and unjust Aspersions lest otherwise he should again suffer a Martyrdom in his Innocent Memory and after times come to entertain suspicions that the Crimes objected against him were not altogether Groundless since they find them supported by those who seem to have espoused his Interest and who make such fair pretensions to exact Truth in the Relation of this Horrid Rebellion I will not insist upon a late Paper which hath already received the marks of His Majesties just displeasure for insinuating a Scandalous Reflexion upon his Royal Father in affirming That the Committees of the Parliament of Ireland were in at the Intrigues of the Popish Faction at Court which words however endeavoured to be palliated with a Restriction only to the Papists who without employes of Ministers or Privy Councellors followed the Court contrary to Law yet in the Natural import must signifie a Managing Plotting and Designing People to whom for their Interest and Power the Committees made this Application and what ever Construction Loyal Subjects may make of such Words the Turbulent and Factious always by Faction at Court understand those Ministers of State and Privy Councellors whom they according to the Liberty they take are wont to call also Evil Councellors Popish Councils of which it is easie to give a Thousand Instances and how dangerous such Reflexions are to the Government his late Majesty sufficiently felt and his Son our Royal Sovereign hath had just ground to fear and the more when they are propagated by persons whose Station gives them a Popular Credit and evil disposed persons will be apt to draw inferences from such Authorities to support the dangerous Calumny against the Court of the Son of which the Fathers is how falsely soever Accused But though I insist not upon this Books of that bigness being not long lived in the World especially when so marked by publick reprehension yet I cannot pass by what a late Historian whose Works are more likely to survive the present and some future Ages has upon this subject interspersed to the Scandal of his late Majesty and one of his most Faithful and Loyal Subjects his Lord Lieutenant of Ireland the then Marquess now Duke of Ormond whose generous fidelity to the Crown of England and constant services to the Church and State the Protestant Religion and Interest and his wise conduct of the Affairs of Ireland with which he hath been so successfully entrusted by his Royal Master might have expected a far better treatment then now when the signal hand of Providence hath as a Recompence of his Loyalty and Sufferings conducted his Grace to an Age of Glory to raise new storms of Detraction against his Reputation and Honour even when he seems to have come to an Anchor in the Favour of his Prince and the esteem of all good and faithful Subjects to the Crown The History though his name is not affixed to the Title Some Animadversions upon Dr. Borlase's History of the Execrable Irish Rebellion goes generally under the name of Dr. Borlase's and if it be so Dr. Borlase must excuse me if I take the liberty to affirm that he has not followed Old Tully's Honourable Character of an honest Historian Ne quid falsi audeat dicere of which I think he hath not only failed in many particulars but again raised up the Spirit of Detraction Of the Good Old Cause to persecute the Ashes of the Illustrious Martyr and wound the future Honour of his most faithful Ministers I do not intend to write a solemn Confutation of his Book and more then that I do think it in many things true and so useful that I shall make use my self of such Authorities in it as are fortified by Truth but I must still have freedom to dissent from him wherever hereafter I find him discrepant from Truth I shall only in this place in short take notice of some few passages wherein he seems not only to swim down the Popular Torrent of the Calumnies of the late times of Usurpation but to bring the Stream of his own Sentiments and Reasonings to supply that Channel which was so near dry as to be almost Fordable by the most indifferent Understandings in the Transactions of the late Troubles and in my Opinion are of so dangerous Consequence to the raising of new ones that nothing but an ingenuous Confession of not attending to the Consequences of reviving and promoting such insinuations can make any tolerable excuse for the mischiefs they may do and an indeavour to prevent them by making the acknowledgment of the mistakes as publick as the mistakes are dangerous But since as I lately am informed the Author is by his Death put out of the possibility of making that Reparation to the Government I think it of absolute necessity to shew the World those mistakes which surviving in his Writings if not detected may do more mischief after his Death then his publick Recanting and Retracting of them could have done Justice to the injured Memory of his late Majesty his Ministers and Government had he lived and been so ingenuous as to do it And first He seems to stumble at the very Threshold of his Work in matter of Fact which is but an Ominous setting out for an Historian and must be either out of Ignorance or Design either of which are very ill Ingredients towards the composing a History An instance of which in the very first Page
and thrie Borrowis to meet the Erle of Eglingtowne at thrie Howris afternoon to take to thair Consideration be way of Estimation or Conjecture the Nombre of Bottis or Lime Faddis which in the Partis of this Kingdom lying opposite to Ireland may be had in readiness and what Nombre of men may be Transported thairin and to report again to the Parliament Vera Copia GIBSON After which was read An Information from Chester against two Irish Men. a Packet of Letters directed to the Lords in Parliament sent from the Maior of Chester wherein was an Information upon Oath taken by the Maior and Aldermen of one Thomas Cremer of Graies-Inn Gent. Dated the 30th of October last That he meeting with a Gentleman that calleth himself by the Name of Magenes Brother to the Lord Magenes at the House of Widdow Belson in Weston upon some Conference betwixt them the said Magenes told the said Cremer that he was to go for Ireland being lately come from Spain to see my Lord Mac-guire and that he was sent for thither and further said That he hoped ere long that the Irish would drive out the Scots out of Ireland and that there is a Business that you would not think of And said to the said Cremer that he had returned 8 or 900 l. out of London into Ireland to raise Forces for the King of Spain And also saith that there was one other in Company of the said Magenes which called himself by the Name of Readmond Yesternight in the Company of the said Cremer who drunk a health to the Confusion of the Protestants in Ireland and that the aforesaid Magenes further said That since the Business was discovered he would go to London along with the said Cremer if he would lend him some Mony And further Cremer saith that the said Magenes hearing of the Rebellion in Ireland said That he was very glad and joyful of the News and that he liked very well of it and that he would give any thing to be in Ireland and did shew himself to be very angry with the Master of the Ship in which he intended to go for Ireland for neglecting the Wind saying he might meet with him in Ireland where a Man might be revenged on such Fellows but afterwards the said Magenes hearing that my Lord Macguire was taken seemed to be very sorrowful and said to the said Cremer That since it is discovered he would go to London along with him if he would lend him some Money Tho. Cowper Major Will. Gamull Tho. Cremer Nich. Ivie c. Whereupon it was Ordered That the said Arthur Magenes and Readmond Comyn being now under restraint in the City of Chester shall be forthwith brought in safe Custody by the Sheriffs of the said City and appear before the Lords in Parliament to answer the aforesaid Information and then this House will give such further Order and Directions therein as shall be agreeable to Justice The Lord Seymour Reported to the House That he had according to their Lordships Command presented the Message from this House to the Queen concerning Robert Phillips and Her Majesty returned this answer viz. My Lords THe Message I received from you by my Lord Seymour The Queens Answer concerning Father Phillips I have taken into serious Consideration and do not a little wonder that Father Phillips should so much forget himself as I find he hath done by the Message sent unto me which I am so far from approving as I cannot but be sorry he hath done it I must acknowledg your Respects unto me in giving Me Satisfaction of your Proceedings therein if I did not believe what is done by him is out of Simplicity I should not speak for him You all know how near he is unto me by that place which he holds and if it shall appear unto you that he hath not maliciously done any thing against the State if for my Sake you shall pass by his present Offence I shall take it as a further Testimony of your farther Respects unto me which I shall be ready to acknowledg upon all Occasions thaâ— shall be offered Whereupon it was Ordered to have a Conference with the House of Commons to acquaint them with this Answer of the Queens This day an Ordinance of Parliament to give Power to the L. Lieutenant of Ireland to give Commissions and to raise Men for Ireland having been read yesterday Saturday Novemb. 6. and passed in the Commons House was also read and passed by the Lords as followeth viz. THe Lords and Commons in Parliament An Ordinance of Lords and Commons to enable the E. of Leicester to raise men for Ireland being very sensible of the great Danger and Combustion in Ireland by reason of the multitude of Rebels now in Arms for the destruction of His Majesties Loyal Subjects there and the withdrawing that Kingdom from the Allegiance of His Majesty and the Crown of England and forasmuch as in this time of His Majesties absence his Royal Commission cannot be so soon obtained as the necessity of that Kingdom doth require and for more speedy opposing the wicked and Trayterous attempts of the Rebels there and for that His Majesty hath especially recommended the care of the preservation of that Kingdom unto both the Houses of Parliament do hereby Ordain and Authorize Robert Earl of Leicester Lord Lieutenant of Ireland by Warrant under his Hand and Seal to give one or more Commissions to such Captains Commanders and other Officers as to his Lordship shall seem Expedient for the Levying of 3500 Foot and 600 Horse by the beating of Drum of such Persons as shall voluntarily undertake the same Service by accepting of Prest-mony which persons are to be raised in such several Parts of the Kingdom as shall be most convenient for their passage into the Parts of Ireland which his Lordship shall think most necessary to be forthwith supplied and for the furnishing of the same Men as also of other of his Majesties Subjects in that Kingdom we have Ordained that the Earl of Newport Master of His Majesties Ordnance shall deliver a number of Arms Munition and Powder answerable unto the said Lord Lieutenant of Ireland to be disposed of as he shall think fit for the best defence of that Kingdom and for the Levying of the said number of Men this Ordinance of Parliament shall be his sufficient Warrant The Ordinance to enable the Lord Newport to deliver the Arms and Ammunition was also read and passed as the other in these Words FOrasmuch as it is held most expedient and necessary for the safety of His Majesties Kingdom of Ireland The Ordinance of the Lords and Commons to enable the Master of the Orduance to deliver Arms c. to the Lieutenant of Ireland and his Loyal Subjects there that such numbers of Soldiers both Horse and Foot as are forthwith to be raised for the defence of that Kingdom should be supplied with Arms and other Munition
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
Captain Francis Gregory 's Company The Order was directed To all Mayors Justices of Peace Constables and all others His Majesties Officers to be Aiding and Assisting to the said James Watts with all convenient Expedition that may be afforded The like Orders of the same date was granted for taking up of 40 Men for Captain Peyton's Company by John Grey and John Tirrel For 40 Men for Lieutenant Colonel Corbet's Company by William Jenkins For 40 Men for Captain Honywood's Company by Robert Harding and Dymock Holby In the Commons House several Northern Petitions were this day presented for the Billet-Money which was engaged to be paid to the Inhabitants of those Counties where the Scots and English Armies were Quartered Whereupon Sir John Hotham Reported from the Committee appointed to Examine that matter the State of the Money and the Debt of the Kingdom by which it appeared as followeth  l. s. d. The first Two Subsidies 108672. 06. 00. The Third and Fourth Subsidies 96461. 19. 09.  205134. 05. 09. Paid out to divers Citizens of London 51507. 05. 08. To Sir John Harrison 51885. 16. 10. To Alderman Pennington 9972. 13. 10. To other Persons Members of the House 18497. 15. 08. To the Inhabitants of several Wards 45893. 13. 09. To Sir William Udal for the Army 9000. 00. 00.  186757. 05. 09. So rests of the Four Subsidies 18377. 00. 00. Of which paid for the Affairs of Ireland to be repaid out of the Citizens Loan-Money 12000. 00. 00. And to be repaid to Sir Robert Pye Sir Edw. Hales and others that lent it 2000. 00. 00. Remains 4377. 00. 00. Receipts of the Poll-money in general throughout the Kingdom 256720. 18. 02. Viz.    Poll-money paid at York 37371. 09. 10. Sir William Udal from the 7 Northern Counties 15450. 00. 00. Poll-money from Sir Rob. Pye and Mr. Wheeler 37415. 09. 02. Poll-money by the Treasurers 162195. 04. 07. In London 4288. 14. 07. Memorandum in Cash in the City of London 8 Dec. not paid to the Lenders 5596. 15. 11. Total Received upon the four first Subsidies 205134. 05. 09. Vpon the Poll-Bill 256720. 18. 02. The Composition of Old and New Customers 165000. 00. 00. Total 626855. 03. 11. Issued to Sir William Udal 339760. 00. 00. To the Scots 291361. 19. 04. To Sir John Mills for the Queen Mother 7000. 00. 00. To Colonel Goring 3000. 00. 00. To the Pay-Master at Berwick 29000. 00. 00. To the Pay-Master at Carlisle 10000. 00. 00. To Mr. Vassal for Ships to Holy-Island 170. 00. 00. To the Commissioners for the Poll-money 600. 00. 00. To the Committee in Scotland 1200. 00. 00. To O Connelly 500. 00. 00. To several Persons upon Orders 307. 09. 00. Total Issued 682899. 08 04. Total Received 626855. 03. 11. Remains in Debt 56044. 04. 05. Besides for Billet-money 64000. 00. 00. For Half Pay 26000. 00. 00. More for Billet 38000. 00. 00. Scots Arrears of Brotherly Assistance 220000. 00. 00. Peers to the City of London 56000. 00. 00. For Ireland to the City 56000. 00. 00. Total Debt 516044. 04. 05. Having thus helped to purge the Nation of some superfluous Money as appears by this Account which was in a manner wholly occasioned by the Invasion of their Reforming Brethren of Scotland they began now to think of Purging out the Loyal Members from their own House as well as the Bishops from the House of Lords And it was upon the Debate Resolved c. severally That Mr. Henry Wilmot Sir Hugh Pollard Wilmot Pollard and Ashburnham Voted guilty of Misprision of Treason and out of the House Mr. William Ashburnham and Sir John Berkley shall be accused of Misprision of Treason And it was Ordered That Mr. Wilmot who serves for Tamworth Sir Hugh Pollard Burgess for Belraston Devon Mr. William Ashburnham Burgess for Luggershall and Mr. Henry Piercy Knight of the Shire for Northumberland shall be disabled from Sitting as Members in the House of Commons and that Mr. Speaker direct his Warrants to the Clark of the Crown to issue out Writs for new Election of persons to serve in Parliament in their places It was also Ordered That Captain Legg shall be sent for by the Serjeant at Arms attending this House as a Delinquent There being this Day a Company of Watchmen Captain Legg sent for as a Delinquent Friday Decemb. 10. Parliament displeased at a Guard because not of their own appointment with Halberds about the Parliament Door It was moved that some of them might be called in to know who did command them to come and by what authority and to what purpose they come Hereupon two of the Constables were brought in and demanded the Reason why they came thither They said They came by virtue of a Warrant from the High Constable to be ready this Day to attend the Houses of Parliament because of a Riot is likely to be in Westminster Whereupon it was Ordered That the High Constable and the Vnder-Sheriff do attend this House presently In the Interim a Petition was delivered unto the House by the Lord Marquess of Hartford from the Loyal part of the Inhabitants of Somersetshire concerning the Government of the Church which was read presently in haec verba To the High and Honourable Court of Parliament now Sitting The Humble Petition and Remonstrance of the Knights Gentry Clergy Free-holders and Inhabitants of the County of Somerset Humbly Sheweth THat having with grief of Mind heard of sundry Petitions been Exhibited to this Right Honorable Assembly The Somerset-Shire Petition for Episcopacy and the Liturgy presented to the Lords by the Marquiss of Hertford Decemb. 10. 1641. by some of the Clergy and Laity about London and some Counties tending to the Subversion of the Church Government Established in this Kingdom We therefore tendring the Peace and Welfare of both do in all humbleness presume to make known our Opinions and Desires concerning the same Nothing doubting of the like good acceptance of our humble Petition and Remonstrance in this behalf being tendred with no less good Affection to the Peace and Happiness of the Church the Prosperity of his Sacred Majesty and this whole Kingdome For the present Government of the Church we are most Thankful to God belâ—eving it in our hearts to be the most Pious and the Wisest that any People or Kingdom upon Earth hath been blest withal since the Apostles dayes Though we may not deny but through the frailty of Men and Corruption of Times some things of ill Consequence and others needless are stollen or thrust into it which we heartily wish may be reformed and the Church restored to its former Purity And to the End it may be the better preserved from present and future Innovations we wish the wittingly and maliciously guilty of what Condition soever they be whether Bishops or other inferior Clergy may receive condign punishment But for the miscarriage of Governors to destroy the Government we trust it shall never
against the Peace and the Crown and Dignity of their Sovereign Lord the King have Assembled by thousands under Pretence of Petitioning against Bishops Evil Counsellors c. as now they did Saturday Decemb. 11. The Lord Keeper this Day signified to the House of Lords That His Majesty had Commanded him to deliver this Message to both Houses That whereas formerly he had acquainted both Houses with the Desire of the French Ambassador That eight Romish Priâ—sts convicted at the Sessions might be Reprieved and Banished at this time because it may concern the Business of Ireland and that his Majesty had desired the Advice of both Houses therein of which his Majesty hath not yet received any Answer His Majesty therefore puts the House in mind thereof and desires an Answer in regard that on Munday next is the Day for Executing of those that are convicted which are seven Priests one of the eight being acquitted upon the Tryal Upon which the Lords sent a Message by Sir Edward Leech and Dr. Bennet to desire a Conference concerning this Matter to which the Commons returned Answer That they will send an Answer by Messengers of their own in convenient time The Bill Intituled The Bill for relief of Captives at Algiers passed the Lords House The Bishops by their Councel adhere to their Plea and Demurrer An Act for the Relief of the Captives taken by Turkish Moorish and other Pirates and to prevent the taking of others in time to come being read a third time and put to the Question It was Resolved To pass as a Law This Day being appointed for the 13 Bishops that are Impeached by the House of Commons for making the Canons and Constitutions and for Granting a Benevolence contrary to Law to make their Answers to the Impeachment their Councel were called in and the Impeachment was read Then the Lord Keeper demanded of them Whether the Bishops will abide by their Plea and Demurrer or make their Answers The Councel Answered That the 12 Bishops do resolve to adhere to their former Plea and Demurrer only they have waved one Branch of their Demurrer which was to the generality of the Charge which appears to be particular Hereupon the Councel withdrew and the House Ordered That the Lords the Bishops that are Impeached shall be heard by their Councel on Monday next touching the Maintaining of their Plea and Demurrer and that the House of Commons have Notice herein that they or some of their Members whom they shall appoint may be present if they please And to this purpose a Conference was sent to be desired by Serjeant Whitfield and Serjeant Glanvile Then the Lord Lieutenant of Ireland produced a Paper which was given by the Scots Commissioners to the English which being read was in these words OVt of the Sense of our Duty we owe unto his Majesty and the true Affection which the Kingdom of Scotland bears to the Kingdom of England We are willing to contribute our best Assistance for the speedy Relief of those distressed Parts of Ireland that lye nearest us Therefore in the Name of the Kingdom of Scotland we make Offer of 10000 Men for that Service which is conceived to be the least Number can be for secureing themselves and reducing the Rebels in the North of Ireland to the due Obedience of his Majesty and the Crown of England This Offer is upon such particular Conditions as in the Progress of this Treaty we shall agree upon which may be for the Honor of our Nation and the Safety and Good of the Army imployed in the Service This being done the Lord Lieutenant declared That his Majesty being made acquainted with this Proposition was willing they should Treat for 10000 Men the House assented to give Power to the Commissioners to Treat accordingly The Commons fell this Day upon the Matter of the Guards and the Justices of the Peace for Middlesex being called in and demanded by what Warrant or Authority they caused those Guards to be set they made Answer That what they had done in this Matter was in Obedience to his Majesties Warrant to them directed Then the Under-Sheriff was called in and Examined also concerning the setting of the Guards who affirmed That the Writ was granted forth by direction of the House of Lords and with the Advice of the Judges They being withdrawn upon the Debate of the Matter the storm for the present fell only upon Mr. Long who had signed the Warrant for the Guards Mr. Long a Justice of the Peace sent to the Tower about the setting of a Guard without the Consent of the Parliament and the Question being put Whether Mr. Long should be put out of the Commission of the Peace The House was divided upon it with the No were 94 with the Yea 90 so it passed in the Negative and he was by the Vote of the House sent to the Tower For that He the said Mr. Long in his Warrant had exceeded the Authority given him by the Writ and had directed Constables and Sitting the Parliament had sent down Armed Men to the Parliament never acquainting the Parliament with it A Committee was also appointed to Examine the business concerning the raising and sending armed men to the Pallace at Westminster The Message from the Lords about the King's desire to know the Answer of the Parliament concerning Banishing the Condemned Priests at the Request of the French Embassador was read and it was singly Voted upon these following Resolved That Hamon Jo. Rivers alias Abbot Walth Coleman Priests voted to be Executed and Turnor Priests shall be put to Execution according to the Laws Sir Phillip Stapleton Reported That the Scots Commissioners had shewed their Authority to Treat to Assist us with 10000 Men upon such Conditions as should be agreed We told them Vpon this Proposition we could not Treat with them for that our Commission was only to Treat for 5000 Men They wished us to acquaint the King with it so according to our Duty we waited on his Majesty who Expressed a great deal of Desire and Affection in the furthering of this business and said he had referred it to the Parliament and would grant a Commission to treat with them for 10000 Men. Whereupon the House assented to it A Petition of some Aldermen and Common Council-men and Subsidy Men of the Factious part of the City of London and Suburbs was this day presented to the House of Commons which being read the Petitioners were called in and Mr. Speaker in the Name and by the Order of the House acquainted them That the House took their Petition in good part and returned them Thanks for their Respects to this House and readiness to supply the Publique and that in convenient time the House will take their Petition into Consideration Some of them then desired they might have leave to speak something to the House whereupon they were ordered to withdraw and the House upon the Debate having resolved
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
Faithful endeavours may be any way useful we shall be most ready at all occasions to contribute the same 15th of Jan. 1641. Ja. Primrose The very same Paper Verbatim was 〈◊〉 their request presented to the Lords by the Lord Lieutenant of Ireland After the reading of this Paper Sir Philip Stapleton Mr. Long and Mr. Arthur Goodwin were Ordered to return thanks from the House of Commons to the Scotch Commissioners for their good Affections Exprest to this State and Parliament and likewise to desire to know of them what it is that they have sent unto his Majesty by way of Advice To which Sir Philip Stapelton brought this answer That most of the Commissioners were gone from the place of Meeting not expecting any Message from this House besides they have not as yet sent the Paper to the King by reason they could not get Post-Horses and till such time as his Majesty hath first received the same they conceive it not so fit it should be made known But upon Monday morning they make no doubt to give this House full satisfaction I know no reason I have to make the Reader stay till Monday whose Expectation may be as willing to be gratified with a sight of this Paper as the House of Commons were and therefore I present him with it as followeth To the King 's most Excellent Majesty The Humble desires of the Commissioners of his Majesties Kingdom of SCOTLAND WE your Majesties humble and faithful Subjects The Petition and advice of the Commissioners of Scotland to the King by way of Mediation considering that the Mutual Relation betwixt your Majesties Kingdoms of Scotland and England is such as they must stand or fall together and the disturbance of the one must needs disquiet and distemper the Peace of the other as has been often acknowledged by them both and especially in the late Treaty which is ratified in Parliament and confirmed by the publick Faith of the Estates of your Majesties ancient and Native Kingdom of Scotland so that they are bound to maintain the Peace and Liberties of one another being highly concerned therein as the assured means of the safety and preservation of their own And finding our selves Warranted and obliged by all means to labour to keep a right Vnderstanding betwixt your Majesty and your People to confirm that Brotherly Affection betwixt the two Nations to advance their Vnity by all such ways as may tend to the Glory of God and Peace of the Church and State of both Kingdoms and aykways to proffer our service for removing all Jealousies and mistakes which may arise betwixt your Majesty and this Kingdom and our best endeavours for the better Establishment of the Affairs and quiet of the same that both your Majesties Kingdoms of Scotland and England may be Vnited in the enjoying of their Liberties in Peace under your Majesties Scepter which is the most assured Foundation of your Majesties Honour and Greatness and of the security of your Royal Person Crown and Dignity We have taken the Boldness to shew your Majesty that we are heartily sorry and grieved to behold these Distractions which increase daily betwixt your Majesty and your People and which we conceive are entertained by the wicked Plots and Practices of Papists Prelates and their Adherents whose aim in all these Troubles has not been only to prevent all further Reformation but also to subvert the Purity and Truth of Religion within all your Majesties Kingdoms for which end their constant Endeavours have been to stir up Divisions betwixt your Majesty and your People by their Questioning the Authority of Parliaments the lawful Liberties of the Subjects and real Weakning your Majesties Power and Authority nay all upon pretence of Extending the same whereof by Gods Providence being disappointed in your Majesties Kingdom of Scotland these have now converted thir Mischievous Councels Conspiracies and Attempts to produce these distempers in your Majesties Kingdoms of England and Ireland And therefore according to our Duty to your Majesty to testifie our Brotherly Affection to this Kingdom and acquit our selves of the trust Imposed in us We do make offer of our humble Endeavours for composing of these differences And to that purpose do beseech your Majesty in these Extremities to have Recourse to the sound and faithful advice of the Honourable Houses of Parliament and to repose thereupon as the only assured and happy means to Establish the Prosperity and quiet of this Kingdom And in the depth of your Royal Wisdom to consider and prevent these Apprehensions of Fear which may possess the Hearts of your Majesties Subjects in your other Kingdoms if they shall conceive the Authority of Parliament and the Rights and Liberties of the Subject to be here called in Question And we are confident that if your Majesty shall be graciously pleased to take in good part and give Eare to these our humble and faithful Desires that the success of your Majesties Affairs howsoever perplexed shall be happy to your Majesty and joyful to all your People over whom that your Majesty may long and prosperously Reign is the Fervent and Constant Prayer of us your Majesties Faithful Subjects and Servants It was likely to come to a hopeful issue for his Majesty and all his Loyal Friends when those who had by Rebellion wrested from him so great a share of his Sovereignity and Regal Authority undertook to be Umpires and Mediators in a difference to which they were Principal Parties and to compose those differences which the Faction following their Example were resolved should be determined by no other terms of Accommodation then his Majesties parting with the Sword which Guarded his Septer and which they were resolved either to have or to force it from him by the down-right strength of a most deep rooted and formidable Rebellion But what thanks soever they had for this officious diligence from the King they received many thanks from both Houses for the affection expressed to the Kingdom in the advice which they gave the King in this Paper which was mightily to the Grace of the Faction and Tuned to the humor of the Times which charged all the Miseries and Distractions upon the King 's refusing the sound advice of his great Council the Parliament This day an Order was made in the Lords House Munday January 17. The Lo. Nettervile's Son ordered to be brought before the Lords for the bringing up to the Lords in Parliament Mr. Thomas Netterville Son to the Lord Neterville who was stayed in Chester by the Mayor of the place upon Suspicion and the Lord Admiral was Ordered to write to the Mayor thanks from the House of Lords for his care in staying the said Mr. Netterville Then the Lord Duke of Richmond Reported the King's Answer to the Message delivered to him Jan. 15th The King's Answer to the Bill for adjournment Hull c. 1. Concerning his Majesties Assent to be given to the Bill for the Adjourning of the Parliament
Estate sufficient to maintain his Quality in the Rank of Reputation which he held in the World but he was also born with a Mind so Great and Generous and a Genius so Elevated above the Lower Orb wherein he moved as could not suffer him to continue long in that safe Obscurity of a private Gentleman King James dying left his Son a Discontented State and an Empty Treasury two Misfortunes then which no Prince can well be supposed to have greater Necessitous Princes having ever been forced to part with a great measure of their Prerogative to inable them to keep and support the remainder and King Charles the First coming to the Crown found it stuck with Thorns instead of many of those Jewels which had adorned the Temples of his Royal Predecessors To Extricate himself out of those Difficulties he Summons a Parliament and layes before them the Necessities of the Crown and demands their assistance by Supplies of Money for managing the Palatinate Warr in which they had involved his Father and which with the Crown was devolved upon him but the Commons instead of Money presented him with Two Petitions one about Religion the other about Grievances and in the Conclusion they fell severely upon the Duke of Buckingham who by reason of the Great Favour of his Prince was fallen under the Popular Envy and Hatred and the Debates running very high the King Dissolved the Parliament and a Second being in the same strain and no Money to be had had also the same period of which the Reader will receive a more full Account in the Introduction to these Historical Collections whither to avoid Repetition he is referred The Necessities of the King daily increasing recourse was had to Extraordinary Methods of raising Money and among the Rest that of Loan by virtue of a Warrant under the Privy Seal to Gentlemen of Estates was made Use of and one of these Seals being sent to Sir Thomas Wentworth for 40 l he declined the Payment of the Money as intrenching upon the Property of the Subject whereupon he was confined as were several other Gentlemen upon the same Occasion By which suffering he became Exceeding Popular and look't upon as a Confessor for the Liberty and Property of the People and in the Following Parliament whereof he was a Member and in which he began to display his great Parts and Abilities upon this Occasion he came to be much taken notice of and observed even at the Court as a Person of uncommon Abilities and the gaining of him to the Kings Interest was by those who managed the Publique Affairs thought might contribute much to the advancement of the Kings Interest and Service But how unsuccessful this Procedure of gaining Men of Ability by Preferments and rebating the Edge of Popular Spirits by Honors and Advancements to Places of Trust proved to the Interest of the King not only the Event but Reason upon which it is Naturally Founded does most plainly manifest for Ambition or the natural Desire of Honour becomes hereby a perfect Hydra and the Prince cannot sooner remove one Head but immediately another rises in the place and at the same time that a Popular Opponent is converted by Court Preferment he becomes the Envy of all those whose Party he seems to have abandoned and the greatest Abilities and real Services he shall render to his Benefactor will not only be ill represented but by how much the greater his Interest Power and Abilities are by so much will he be Esteemed more dangerous and in proportion both Envy'd and Hated However it seems these were not the Sentiments at that time of those who managed the Affairs of State for a Train was laid for an Interview between Sir Richard Weston then Lord Treasurer and afterwards Earl of Portland and Sir Thomas Wentworth which being Effected the Interview begot an acquaintance and the acquaintance in a little time grew to a most Firm and Solid Friendship Great Minds being with little Difficulty invited to and Established in those Generous Friendships which are begotten not out of Wantonness or trifling formality but by the inward harmony and likeness which Noble Souls quickly discover in Each other It happened that in some of the divertive Entertainments of their agreeable Conversation these Two Great Men falling upon the Discourse of the Popular Humor in the Commons House which the Lord Treasurer wisely judged could never either portend or promote any real advantage to the Nation Sir Thomas declared himself to be in his Judgment an absolute Enemy to the consequences and dreadful Effects which usually attend Popular Commotions and disturbances which generally produce the very same or worse miseries then those which they pretend to redress and pursuing his ingenious discourse he offered some Expedients so rational and persuasive towards a Mediation and Reconcilement of the present Differences and some things so apposite to the present juncture of Affairs as Extremely raised the value of his Prudence and Wisdom in the Esteem of the Lord Treasurer who daily discovered more and more the penetrating Abilities of his Mind mingled with a solid firmness of Reason and Judgment It will easily be believed that the Lord Treasurer having as he could not but conclude found a Jewel fit for a Princes Cabinet was not backward in representing Sir Thomas Wentworth to his Majesty with a Character no ways disadvantagious to him nor was there any great difficulty to introduce him into his Majesties Esteem and Favour who was already possessed with a belief and knowledg of his Merit and how serviceable a Person of his Interest and Qualifications might be to his Affairs He was no sooner come under the warm influence of Majesty but he was made sensible of the Beams of Honour which are derived from the Royal Fountain of it and in a little time he was created Baron Wentworth and the Ascendant of his wisdom daily gaining upon his Majesties Favour and Esteem he was shortly advanced to the Honour of Viscount Wentworth of Wentworth Woodhouse made one of his Majesties most Honorable Privy-Council Lord Lieutenant of the County of York and Lord President of the Court and Council of the North. And here give me leave to mention a little and in appearance a trifling accident of Honour which proved the great if not the only occasion of his Ruin among the rest of his Honours he had the Title of Baron of Raby an Honour to which Sir Henry Vane one of his Majesties Secretaries of State who was possessed of the Castle of Raby and the Demeasns thereunto belonging had some pretensions and was not a little ambitious of but being overshadowed by this lofty and spreading Cedar he was so stung with the disappointment and so thirsty of Revenge that though he warily smothered his Resentments yet he was ever an Enemy to this Noble Lord and as it appeared for his sake to his Royal Master and as it may from hence be not improbably conjectured judging himself far more
Strafford The House of Commons in their own Name and in the Name of the whole Commons of England have this day accused your Lordship to the Lords of the Higher House of Parliament of High Treason the Articles they will in a few dayes produce in the mean time they have Resolved That your Lordship shall be Committed into Safe Custody to the Gentleman Vsher and be Sequestred from the House till your Lordship shall clear your self of the Accusations that shall be laid against you Whereupon he was immediately taken into Custody by James Maxwell Usher of the Black Rod. And that the Commons might Disable him of the Testimony and Assistance of Sir George Radcliff his great Friend and Confident it was resolved to make him a Party and accuse him of High Treason and Confederacy with the Earl which was accordingly done as is more at large related before to which the Reader is referred only a Debate worth the Observation arose upon his being a Member of the Parliament in Ireland Whether he could without Breach of Priviledge be sent for Upon which it was Resolved as a thing out of all Doubt That in case of High Treason Priviledg of Parliament neither here nor there doth reach to Protect him Notwithstanding which when afterwards his Majestie accused the Lord Kimbolton and the Five Members of High Treason and Exhibited Articles against them they did not only protect them but arraigned that proceeding as the Highest Violation of the Priviledges of Parliament making it one of the main Foundations upon which they built the Justice of the succeeding Rebellion and their taking up Arms against his Majesty It was Ordered Wednesday Novemb. 18. That no Member of the House of Commons shall visit the Earl of Strafford during his restraint without Licence first obtained from the House And the same Order was taken in the House of Peers and all the time of his Imprisonment the Lieutenant of the Tower brought in a Weekly account of the Names of those persons who visited him and by whose Order Upon Munday Munday Nov. 23. Novemb. 23. Mr. Pym presented a draught of Articles to the House which being referred to the Committee who were to prepare a Charge against the Earl were by them reported and agreed to by the House and Mr. Pym ordered to go up with them to the Lords which upon Wednesday following he did accordingly Wednesday Nov. 25. and before their Lordships laid out his Talent of Speech-making upon that subject as follows The Articles being first tendred and Read which were these I. THat he the said Thomas Earl of Strafford Articles of Impeachment against the Earl of Strafford Nov. 25. hath Trayterously endeavoured to subvert the Fundamental Laws and Government of the Realms of England and Ireland and instead thereof to introduce an Arbitrary and Tyrannical Government against Law which he hath declared by Trayterous Words Counsels and Actions and by giving his Majesty advice by force of Armes to compel his Loyal Subjects to submit thereunto 2. That he hath Trayterously assumed to himself Regal power over the Lives Liberties Persons Lands and Goods of his Majesties Subjects in England and Ireland and hath exercised the same Tyrannically to the subversion and undoing of many both of Peers and others of his Majesties Liege people 3. That the better to enrich and enable himself to go thorow with his Trayterous Designs he hath detained a great part of his Majesties Revenue without giving legal account and hath taken great Summes out of the Exchequer converting them to his own use when his Majesty was necessitated for his own urgent occasions and his Army had been a long time unpaid 4. That he hath Trayterously abused the power and authority of his Government to the encreasing countenancing and encouraging of Papists that so he might settle a mutual dependance and confidence betwixt himself and that Party and by their help prosecute and accomplish his malicious and tyrannical designs 5. That he hath maliciously endeavoured to stir up enmity and hostility between his Majesties Subjects of England and those of Scotland 6. That he hath Trayterously broken the great Trust reposed in him by his Majesty of Lieutenant General of his Army by wilfully betraying divers of his Majesties Subjects to death his Army to a dishonourable defeat by the Scots at Newborn and the Town of New-Castle into their hands to the end that by the effusion of blood by dishonour and so great a loss of New-Castle his Majesties Realm of England might be engaged in a National and Irreconciliable quarrel with the Scots 7. That to preserve himself from being questioned for those and other his Trayterous Courses he laboured to subvert the Right of Parliaments and the ancient course of Parliamentary Proceedings and by false and malicious slanders to incense his Majesty against Parliaments By which Words Counsels and Actions he hath Trayterously and contrary to his allegiance laboured to alienate the hearts of the Kings Liege people from his Majesty to set a division between them and to ruin and destroy his Majesties Kingdoms for which they impeach him of High Treason against our Soveraign Lord the King his Crown and Dignity 8. And he the said Earl of Strafford was Lord Deputy of Ireland and Lieutenant General of the Army there viz. His most excellent Majesty for his Kingdoms both of England and Ireland and the Lord President of the North during the time that all and every the Crimes and Offences before set forth were done and committed and he the said Earl was Lieutenant General of all his Majesties Army in the North parts of England during the time that the Crimes and Offences in the fifth and sixth Articles set forth were done and committed 9. And the said Commons by protestations saving to themselves the liberty of exhibiting at any time hereafter any other Accusation or Impeachment against the said Earl and also of replying to the Answers that he the said Earl shall make unto the said Articles or to any of them and of offering proofes also of the premisses or any of them or any other impeachment or accusation that shall be exhibited by them as the cause shall according to the course of Parliaments require do pray that the said Earl may be put to answer for all and every the premisses that such Proceedings Examinations Tryals and Judgments may be upon every of them had and used as it is agreeable to Law and Justice My Lords THese Articles have exprest the Character of a great and dangerous Treason Mr. Pym's Speech after the Reading the Articles against the Earl of Strafford Nov. 25. such a one as is advanced to the highest degree of Malice and of Mischief It is enlarged beyond the limits of any description or definition it is so hainous in it self as that it is capable of no aggravation a Treason against God betraying his Truth and Worship against the King obscuring the Glory and weakning the foundation
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
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
Compositions he hath paid near 100000 l. into the Exchequer and they had no other Priviledges than what was exercised in the Commission and in former like Commissions and as are in the present Commission to the Lord Treasurer and others To the Nineteenth he saith The last Summer was twelve months when the English and Scotch lay in the Fields near Berwick the Earl and Council of Ireland having a general motion thereof were in fear that the Scots in Vlster being almost 100000 in number might be drawn to side with the Covenanters and advising how to secure that Kingdom the Principal of the Nation of Scotland living in Ireland came to Dublin and Petitioned That he might have an Oath whereby they might give Testimony of future Obedience to His Majesty whereupon an Oath was by the Advice of Council of State framed and chearfully taken by those Scotch Gentlemen and generally by all the Nation in Ireland as the Earl conceives to their advantage and the satisfaction of others he believes that some were Sentenced for refusing it but none were otherwise exiled The Earl in his Vote said That he would endeavour that all of that Nation should take that Oath or leave the Kingdom all which was done by His Majesties Direction and Approbation and it was not contrived to the intents in the Article Charged but to prevent their adhering to the Covenanters then in open Arms and not concerning the Ceremony or Government of the Church To the Twentieth he saith That in the Year 1638. the Earl was in Ireland when Preparations were made for War and Summons sent to the Nobility of this Kingdom In the Year 1639. a General was appointed and an Army drawn to the Field and Encamped near Berwick whereby it appears he was not acquainted that the Article of Pacification had been broken on both Sides and so distempered that it was held fit an Army in England should be raised to suppress the Covenanters if the business could not with Honour and Safety be otherwise composed The said Earl humbly advised His Majesty to call a Parliament and used many Motives thereunto after the Parliament was called and before the Sitting thereof ten of the Lords and other of the Council for Forreign Affairs being assembled His Majesty then present an Honourable Person related the Covenanters Demands it was then Voted by all That they were such as might not in Honour and Safety be condescended unto by His Majesty and if they could not be otherwise reduced His Majesty must be constrained to bring them to it by force the like Resolution was after at the Council-Table by twenty of the Council Whereupon His Majesty appointed a Council of War and it was held necessary to borrow 200000 l. upon good Security till the Supplies by the Parliament might come in He never said the Scotch Nation were Rebels but was ever perswaded that many of them are most Loyal Subjects Those that raised Arms when they were at such distance from His Majesty he might say they were no less than Rebels and Traytors by Warrant from the Lord Admiral he caused divers Ships and Goods to be seized but not with an intent to set on the War but as much as in him lay to bring all to fair Accommodation without expence of blood To the 21th he saith The pacification was broken before he came over as in the Answer to the former Article he moved His Majesty for a Parliament in England but not with such intent as in the Article but out of a desire to have settled a right Understanding between the King and His people It may be he said though he remembreth it not that if the Parliament would not Supply His Majesty he would serve His Majesty in any other lawful way being well assured that His Majesty would not imploy him nor any man else in any other kind To the 22th he saith According to His Majesties Instructions he did set forth to the Parliament of Ireland the State of the Affairs as they then stood and they freely gave four Subsidies as an acknowledgment of His Goodness and happy Government as by the Act and Remonstrance appears in Print He by His Majesties Direction then gave Order for the raising of 8000 Men who still remain in the King's pay and were sent into Vlster to secure those Parts or to land in Scotland to divert the Earl of Argile in case he joyned with the Covenanters Army against the King but it was mentioned in the King's Letter 2 Martii 1639. he had purposely given out That they should join with the King's Army at Berwick to colour other Designs but the true cause of their Levying was made known to be as aforesaid unto the Earl of Ormond Sir John Burlace and the Marquiss of Hamilton and Earl of Northumberland at the time of the writing the Letter and he denies the words charged in the Articles or any other words to such intent and purpose To the 23th he saith The matters of the Parliament were no otherwise referred to him than to the rest of the Council that coming sick from Ireland about ten days after the Parliament were set and after the Treaty with the Earl of Dunfermline Lord Lowdon Scotch Commissioners was broken off and the Army preparing and the Parliament not supplying Monies as His Majesty desired His Majesty advised what might move them to prefer His Supply in debate whereof he humbly advised His Majesty by a Message to the House to lay down Ship-Money and promise never to demand it and give way to reverse the Judgment by a Writ of Error in Parliament and to promise a Redress of Grievances when they should be prepared And secondly That they would presently agree upon such Supply as should maintain His Army for reducing the Scots to their Obedience wherein their Safety and His Honour was concerned His Majesty assented conditionally that he might have 12 Subsidies the Earl besought Him that it might not pass as a Condition but to Relinquish Ship-Money and put himself upon their Affections and drew up the Message in Writing and delivered it to Mr. Secretary Vane to deliver to the House of Commons He desired to know if His Majesty would not take less than 12 His Majesty Answered He feared less would not serve His Occasions The Earl of Strafford besought His Majesty to accept of Eight so His Majesty assented and desired Mr. Secretary to signifie so much as occasion should be offered but whether he did so or not the said Earl knoweth not The House of Commons being in debate two days and not Resolving His Majesty about the 5th of May last called a Council at Seven of the Clock in the Morning the said Earl being sick came late and was told as he remembreth by the Earl of Bark-shire the King had declared His Resolution to Dissolve the Parliament the Earl of Strafford besought His Majesty to hear the Advice of His Council and first of those that were Members of the
House of Commons by whom the rest might the better be guided Mr. Secretary Windebank said He feared the House would first be Answered of their Grievances and Voted for a Breach of the Parliament Mr. Secretary Vane in opposite terms said That there was no hope that they would give the King a Penny and therefore absolutely Voted for a Breach And the Earl of Strafford conceiving His Majesties Pleasure to have accepted Eight Subsidies had been delivered to the House of Commons by Mr. Secretary Vane did in His Majesties turn deliver his Vote for Breach of the Parliament which otherwise he would not have done it being contrary to what he Resolved when he came thither and like Opinion was delivered by the rest of the Lords being about twenty except two or three at the most The Parliament being Dissolved His Majesty desired Advice of His Council How money might be raised affirming That the Scotch Army was ready to enter into the Kingdom The said Earl in presence of others in the Council delivered his Opinion That in a Case of absolute and unavoidable necessity which neither would nor could be prevented by ordinary remedies provided by the Laws nor all His Majesties other means sufficient to defend the Common-wealth Himself or their Lives and Estates from an Enemy without force of Arms either actually entred or daily expected to Invade the Realm He conceived that His Majesty was absolved from ordinary Rules and might use in as moderate a way the necessity of the Cause would permit all ways and means for defence of Himself and Kingdom for that he conceived in such extremity Salus Populi was Suprema Lex provided it were not colourable nor any thing demanded imployed to other use nor drawn into Example when Law and Justice might take place and that when Peace was settled Reparation was to be given to particular men otherwise it would be unjust This was not officiously declared but in Council forced by the duty of the Oath of a Counsellor which is that he shall in all things to be moved treated and debated in Council faithfully and truly declare his Mind and Opinion according to his Heart and Conscience which Oath the said Earl took and humbly prays their Lordships Consideration thereof He denieth the words in the Article or any words to the intent thereby expressed To the 24th he saith He delivered his Opinion with such Cautions and Restrictions as in the Answer to the Precedent Article and is well assured his Discourse at all times hath been without ill Intentions to either of the Houses of Parliament which he ever did and shall think and speak of with all Reverence He denies that he knew of the Publishing or Printing of the Book nor who caused it to be Printed or Published for at that time he was sick in his Bed more like to die than to live To the 25th he saith Ship-Money was levied and adjudged to be due before his coming over Sheriffs were then called up as before and not otherwise If any were sued in Star-Chamber it was without any particular indeavour of his It appearing at the Board That the Mayor and Sheriffs of London had been slow in Collecting Ship-Money he said They were but Ministerial and ought to Exact and not dispute the King's Writs and that if through their remisness the King should be less able to provide for the Publick Safety when any Forreign Army was ready to enter the Kingdom they might deserve to be Fined and Ransomed which he spake more to hasten them than of purpose to advise any such Prosecution but denies the other words being under favour such Expressions as he is not accustomed unto To the 26th he saith He advised not either of those Projects being then sick in Bed but it being debated at the Council-Table Whether it were better for the King to raise Gold and Silver or Coin base Money He for the Reasons then given delivered his Opinion for the latter Sundry Merchants Adventurers coming to his house desired him to move His Majesty then at Oatlands to Release the Bullion or Money he told them He knew of no such thing and would not meddle with it nor would his Health permit him to go abroad and said That if their denying the King in such a Publick Danger the Loan of 100000 l. upon good Security the King were constrained for the Preservation of the Land to stay the Bullion they might thank themselves and the City receiving so great a benefit by Residing amongst them they made but an unthankful acknowledgment in such a Straight to refuse the Loan of that Sum. The Officers of the Mint came to the Council-Board and the Earl then shewed a Letter he received from the Earl of Leicester wherein was related That the Cardinal had appointed Commissioners to go into the Merchants houses at Paris to peruse their Shop-Books and Accompts and to Cess every man according to his Ability towards the payment of the King's Army and then said That it was but just for Us here in England to bless God for being under a King which could not think upon such a Pressing upon the People But the words in the Article or words to any such intent he did not speak and cannot sufficiently bemoan himself to have been in all his words so ill understood or so untruly Reported as he hath been To the 27th he saith He perswaded the Gentry of that Country to allow the Trained-Band a months Pay which they yielded and His Majesty graciously accepted It was by Council of War His Majesty being present thought fit the Trained-Bands should return save the two Regiments under the Command of Sir William Pennyman and Sir Thomas Danby It was assented unto by His Majesty and the great Councel of the Peers then Assembled That those spared should Contribute and the said Earl was Commanded by them to see it done which was done accordingly by Warrants from him and from his deputy-Deputy-Lieutenants which was much less Charge to the Countries than otherwise and denies the other particular in the Article mentioned To the 28th he saith He was Lieutenant-General to the Earl of Northumberland about the 24th of August of 10 or 12000 Foot and 2000 Horse being at New-Castle under the Command of the Lord Conway and Sir Jacob Ashley and the rest of the Army at York the said Earl went from London and the 26th of August notwithstanding his extream weakness and came to York and having received a Letter from Sir Jacob Ashley that New-Castle was Fortified and that they must be Infamous Beasts to lose it and that it was fully Secured and being acquainted with several Dispatches sent by Mr. Secretary Vane by His Majesties Directions to the Lord Conway General of the Horse to oppose the Passage of the Scots over the River of Tyne the one dated 22. Augusti the other 23. Augusti another 24. Augusti another 26. Augusti the substance of which Letters are particularly mentioned in the
Earl came attended from the Tower by 6. Barges wherein were about 100 Souldiers with Partisans for his Guard and 50 pair of Oars came along with him At his Landing in Westminster he was attended by 200 of the Train-Bands who Guarded him into the Hall the Entrances at White-Hall Kings-street and Westminster were Guarded by the Constables and Watchmen from 4. of the Clock in the Morning to prevent the concourse of base idle and inferior Degrees of People who are apt upon such occasions to flock together and produce mischief and disorders The King the Queen and Prince came to the Hall about 9. of the clock but did not appear publiquely only the Prince came out once or twice to the Cloth of Estate so that the King saw and heard all that passed but was seen by none Some give the Reason of this to proceed from the received Practice of England in such Cases Others were of Opinion That the Lords intreated his Majesty either to absent himself or to be there privately lest hereafter it might give occasion to pretensions that his being there was to over-aw or some other ways interrupt the Course of Justice A third That the King was not willing to appear as an Actor in the Process till it came to his part but rather he chose to be present Incognito that he might Observe and vnderstand whether any Violence Rigor or Injustice were used in the Trial. At the Lieutenant's Entrance into the Hall the Porter of the Hall whose Office it is inquired of Mr. Maxwell Whether the Ax should be carried before him or no who answered That the King had Expressly forbidden it Nor was it ever the Custom of England to use that Ceremony but only when the Party accused was to be put upon his Jury At the Trial the Lords of the Upper House sate Covered the Members of the Lower House uncovered The Lords Spiritual were not at all present having on Saturday before absolutely declined appearing in Causa Sanguinis thô withal Entring a Protestation That their Absence should not prejudice them of that or any Priviledg appertaining to them as Lords Spiritual in Parliament The Earl of Arundel who was by His Majesty constituted and appointed Lord High Steward by Commission under the Great Seal of England sate apart by himself and all things being now in a Readiness the Managers of the Evidence standing at the Barr the Noble Prisoner was called for and being brought by Sir William Balfour Lieutenant of the Tower after an Obeysance given he came to the Barr and kneeled and after standing up the Right Honourable Thomas Earl of Arundel and Surrey Lord High Steward of England acquainted him That his Lordship was called before the Lords in Parliament to Answer to and be Tryed upon the Impeachment presented to them by the Commons House in Parliament in the Name of themselves and all the Commons of England And that their Lordships are resolved to hear both the Accusation and Defence with all Equity and therefore thought fit that in the first place his Lordship should hear the Impeachment of High Treason read which was done accordingly the Articles being delivered in by Mr. Pym. While it was reading a Chair was brought for him by the Gentleman Usher and by the Direction of the Lords he was permitted to repose himself After the Charge the Earl's Answer was likewise read which took up the whole time of the First Day The Queen went from the House about 11 of the Clock the King and Prince stayed till the Assembly was Adjourned which was about Two of the Clock and the Earl was remanded to the Tower with his Guard and appointed to appear again upon Tuesday at 9. of the Clock The Confluence of People was neither numerous nor insolent all of them Saluted him both at his Landing and Return which with a Generous Humility he did most courteously receive and return By which it is Evident how false the Rumors were which Malevolent Persons Raised that the Populace was so inraged at him that they would go near to tear him in pieces The Multitude is an Unruly Animal but yet certainly Report does in these cases encrease the Danger and a Tumult is not altogether so insensible of punishment as not to fear it notwithstanding Numbers seem to plead an Exemption from it and to frighten Justice from her Seat But this sluggish Creature the Mobile is then certainly most Dangerous when like the Unstable Element it does Resemble it is raised by the Turbulent breath of Sedition to overflow the Bounds of Duty and outrage all that is called Justice and there wanted not such spirits who by spreading these Rumors of the Discontents of the People taught them to be Discontented and by predicting of Disorders learnt at least their own Faction to know what was Expected from them upon Occasion and how calm soever the People seemed to be yet the Conclusion of this Tragedy will make it appear that some Persons had Tumults at Command and could upon Occasion raise the dangerous Tempest of the Madness of the People not inelegantly coupled with the Raging of the Sea by the Royal Prophet Upon Tuesday in the Morning the Earl came accompanied as before to Westminster The Second Day Tuesday March 23. and having stayed in the Exchequer Chamber till 9. of the Clock the King Queen and Prince being come and that High and Illustrious Court being set he was again brought to the Barr and the Lord High Steward having commanded the Committee of the Commons who were to manage the Evidence to proceed Mr. Pym in a large and studied Oration full of Hyperbolical Figures and Insulting Eloquence opened amplified and inforced the Charge by raveling the Answer of the Earl to his Articles of Impeachment in manner following My Lords WE stand here by the Commandment of the Knights Mr. Pym's Speech at the Trial of the Earl of Strafford March 23. Citizens and Burgesses now Assembled for the Commons in Parliament and we are ready to make good that Impeachment whereby Thomas Earl of Strafford stands charged in their Name and in the Name of all the Commons of England with High Treason This My Lords is a great Cause and we might sink under the weight of it and be astonished with the Lustre of this Noble Assembly if there were not in the Cause Strength and Vigour to support it self and to encourage us It is the Cause of the King it concerns His Majesty in the Honour of His Government in the Safety of His Person in the Stability of His Crown It is the Cause of the Kingdom It concerns not only the Peace and Prosperity but even the Being of the Kingdom We have that piercing Eloquence the Cries and Groans and Tears and Prayers of all the Subjects assisting us We have the Three Kingdoms England and Scotland and Ireland in Travail and Agitation with us bowing themselves like the Hindes spoken of in Job to cast out their Sorrows Truth
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
or he serve him in he took to be lawful wayes and that in all Debates he concluded That the safest and surest Expedient was a Parliament to make both the King and People Happy As to his procuring the Parliament of Ireland to declare their Assistance in a War against the Scots he desired the Remonstrance of the Parliament before the 4. Subsidies might be read which was THat whereas they have with one Consent cleerly given to His Majesty Part of the Remonstrance of Parliament in Ireland about War with the Scots Four entire Subsidies towards His present Preparations to reduce His Disaffected Subjects the Covenanters in Scotland to their due Obedience They still hope that His Majesties great Wisdom and unexampled Clemency may yet prevail with the worse affected of those His Subjects to bring them to that conformity and submission which by the Laws of God and Nature they owe to him But if His Majesty shall be enforced to use His Power to vindicate His just Authority This House for Themselves and the Commons of this Kingdom do profess That their Zeal and Duty shall not stay here at these Four Subsidies but humbly promise That they will be ready with their Persons and Estates to their uttermost ability for His Majesties future Supply in Parliament as His great Occasions by the continuance of His Forces against that distemper shall require This they pray that it may be represented to His Majesty by the Lord Lieutenant and Recorded as an Ordinance of Parliament and published in Print as a Testimony to all the World and succeeding Ages That as this Kingdom hath the happiness to be Governed by the best of Kings so they desire to give cause That he shall account this People among the best of His Subjects If he had procured this Declaration it had been no Crime but he had no part in it but it was their own voluntary free and chearful Action For the Confederacy charged between him and Sir George Radcliff to bring over the Irish Army to destroy England if it be made appear that he had so much as a thought of it he would give Judgment against himself as unworthy to live who would enslave himself and his Posterity That he hath a Heart that loves Freedom as well as another man and values it as highly and in a modest and dutiful way will go as far to defend it it is an Opinion he learnt in the Honourable House of Commons That to stand for Property and Liberty renders a man the best Subject That this Opinion hath gone along with him ever since and he hopes he shall carry it to his Grave That what is deposed by Sir Robert King and Lord Ranulagh as to Sir George Ratcliff cannot affect him since the meanest Subject in the Kingdom cannot commit Treason by Letter of Attorney And it is a priviledg which though he hath the honour to be a Peer he never desires to do it by Proxy and that the Army was never intended to set foot on English Ground Earl of Northumberland he desires my Lord Northumberland 's Examination may witness for him by which it appeared they were designed for the West of Scotland nor did he ever hear of any Design of reducing the Subjects of England by that Army Marquess Hamilton Sir Tho. Lucas Mr. Slingsby The Lord Marquess Hamilton also attested the same Sir Tho. Lucas Serjeant Major General of the King's Horse attested the same Mr. Slingsby who was of the Councel of War affirmed the design was to land them at Ayre in Scotland and that he had order to provide a Magazine Shipping and Flat-Bottom Boats for that Design and that he had a Coast Map drawn of that Place for that purpose Sir William Pennyman also attested Sir William Pennyman That some of the Lords Petitioning the Irish Army might not land in England my Lord Strafford told him He wondred at it for there never was any such intention As to the Testimony of his Brother deposed by Sir Tho. Barrington That England would never be well till it was conquered again he observed That his Brother his Friends his Table his House his Bed every place is searched to convince him of that which he thanked God he was never guilty of That what his Brother sayes is nothing to him and he desired he might be Examined but Mr. Maynard opposed it as tending to clear himself and so he was not heard The discourse between my Lord Bristol and himself he confesses but that what he said was in case of Extream Necessity as Invasion when there is not time to call a Parliament he conceives the King being accountable to God Almighty for Himself and People he may Use his Power And for the other words That the King is not to be Mastered by the frowardness c. he does not remember it but relyes so on the Honour of my Lord Bristol that he affirming it he will not deny it but reserves to himself in this case the Benefit of the Law that it is but a single Testimony He owns what my Lord Newborough deposed and thinks the King is not secluded more then another person from doing the best for himself in a fair and just and honourable way The same he sayes to my Lord of Holland 's Deposition That it is grounded upon Salus Populi Suprema Lex and speaking it as he did with these Limitations doth quite alter the Case besides that these discourses were private and rather argumentative and problematical then positive and to make these Treason were to debar men the joy and comfort of human society But all this while these were but words which by Act of Parliament though much higher are not Treason citing a Clause of 1 Ed. 6. c. 12. Be it Enacted by c. if any Person or Persons do compass and imagine by open Preaching Express words or Saying to depose or deprive the King his Heirs or Successors from his or their Royal Estate or Title or openly publish or say by Express words or saying That any other Person or Persons other then the King his Heirs or Successors of Right ought to be c. yet the first and second offences are not made Treason but only the third That it was the wisdom of their Lordships Noble Ancestors to chain up this Lion by concluding what is Treason and not to suffer him to tear us all in pieces by Arbitrary Treason which would make actions of Treason more common than Actions of Trespass To the words charged in the 23d Article spoken at Council Board or Committee of Scotch affairs of the King 's being absolved from all Rules of Government c. Mr. Treasurer who deposed them hath reversed his Testimony saying first Your Majesty hath an Army in Ireland which you may employ there Afterwards upon being Ordered to repeat his Testimony he said which you may employ in England and whereas he calls in aid of my Lord of Northumberland his Lordship
God be praised he met with a Gracious King upon whom he could not prevail and for his bringing the Army into England thô he tells Sir William Pennyman he did not intend it yet there was Vox Populi and that was a horrid Witness That he intended to invade the Property of the People is plain from his own words That the King should make Restitution when the Danger was over and his saying That a Privy Councellor ought not to be questioned for his Counsels was so great a proof of his Actions that he could not give a Greater Then by consent my Lord moving for a dayes interval his Voice and Strength being spent the Court was adjourned till Wednesday Upon Wednesday the Commons proceeded to the 25th Article of the Charge Wednesday April 7. Artic. 25. concerning the Earl of Strafford's advice of Vigorously levying Ship-money and by compulsion Endeavouring to raise money upon the Lord Mayor and City of London and that for their not complying they deserved to be put to Fine and Ransom To this the Lord Treasurer Bishop Williams deposed Lord Treasurer That Ship-money coming in very slowly they were forced to take out great Sums to furnish the Fleet out of the Money provided for the Army and my Lord Strafford said That if it were not repaid the Army would be destitute and therefore advised the Ship-Money might go on vigorously to repay it Sir Tho. Wiseman deposed Sir Thomas Wiseman That the Aldermen being called before their Lordships about the Loan my Lord Strafford said They would never do their Duty well till they were put to Fine and Ransom and to His Majesty You will have no good of this man meaning as he supposes the Lord Mayor till he be laid by the heels but whether about Loan or Ship-money that was spoken he remembers not The Earl of Berkshire deposed Earl of Berks. That the King desiring to borrow Money upon good Security at 8. per Cent. and the Aldermen Excusing themselves for nominating who were able to lend in their several Wards my Lord Strafford said Gentlemen in my Opinion you may be liable to Fine and Ransom for refusing the King's Command in not certifying the Names Sir H. Garaway deposed That being Lord Mayor Sir Henry Garaway he attended the Council about Ship-Money informing His Majesty That the Willing Men had only paid the Money and they thought it unequal others should go free That it was the Opinion of the City That a Writ for Ship-Money and a Writ for a Parliament did not agree and that they found People generally averse to it whereupon my Lord Strafford said to the King Sir you will never do good on this Man till you have made him an Example he is too diffident or to that purpose unless you commit him you shall do no good upon him And about the Loan-Money desiring to be spared in seting a Rate on Mens Estates the Earl said to the King Sir you will never do good of these Citizens of London till you have made Examples of some of the Aldermen to his best remembrance he said Unless you hang up some of them you will do no good upon them this he spake positively The Earl replyed That he would speak with as much Truth The Earl's Defence thô not so much confidence as this Gentleman That he must still insist upon this that admitting it proved it does not amount to Treason nothing being proved but by single Testimonies that as to Ship-money there was a Judgment given in the Star-Chamber and if he was in an Error he was led into it by the practise of the Times and wiser men than himself howbeit he doth not justifie himself in that point being better informed by what he hath heard since is the Judgment of those to whose wisdom he submits That in such a Case of extreme necessity he might hold the Aldermen lyable to Fine and Ransom in case they did not submit to the King's demands he wishes he had not spoken them but being a little Excess of Extravagant Speech he hopes by their Lordships Favour it may be excused and God forbid for every such Excess a man should be Arraigned for Treason for otherwise few would Escape the Danger of hasty words for the words about hanging them up My Lord Major at first said it to the best of his remembrance and afterwards absolutely And he sayes to the best of his remembrance he did not speak them and if he did being spoken in so good Company some of their Lordships would have remembred them And however it stands with him now before these misfortunes befel him he was equally to be Credited with this Gentleman all the difference being one sayes it the other denies it and that at most being a hasty word and excusable in a free spoken man as he was and who smarts for it he hoped their Lordships Honour and Justice will rather Excuse then punish it Mr. Maynard replyed Managers Reply The Committee shall need to say little to this Answer but that such words compared with his other words and Actions proceed not from passion but Principles to do all things by his Will against Law and that my Lord knew these things and especially the Ship-money were against Law himself having so great a hand in the Petition of Right Mr Glyn added That whereas my Lord thinks it hard to be questioned for hasty words as High-Treason their Lordships may remember how for words concerning Treading on his Toe he prosecuted the Lord Mountnorris as far as to Life They next proceeded to the Charge in the 26 Article Artic. 26. concerning seizing the money in the Mint and Embasing of Coyn. To prove this Robert Edwards sworn Rob. Edwards deposed That going to represent to him the Inconvenience of the seisure of their Money in the Tower and that some Forreigners being concerned in it the Merchants Estates abroad upon their Complaint would be seized my Lord answered That if they fared amiss they might thank themselves and though they think it so strange here yet beyond Sea it is not so but on Commands men have their Goods taken and touching the City he said They dealt unthankfully with the King there being 14000 l. due for Ship-money which they denied and did more to maintain Rebels than to maintain his Majesty Being bid repeat it he said upon their Petition to my Lord about the Money in the Tower the Earl said That if they did speed amiss they might thank themselves for they were more ready to hold with Rebels than to give the King his due which was 14000 l. Ship money that my Lord was sick and sate in his Chair said That he knew nothing of it till that morning Anthony Palmer sworn Ant. Palmer deposed That in discourse with my Lord about base money and giving him reasons against it he shewed him and the other Officers of the Mint a Letter sent him out of France
took Exception at their Petitioning for a Parliament and said Leaving out that Clause he would joyn with them in that Petition Sir Henry Cholmley deposed Sir Hen. Cholmley That informing my Lord that notwithstanding the Warrants Mony came not in and that unless he had money shortly the Regiment of which he was Colonel would disband his Lordship told him he would send a Levy on the Goods of those that refused but knows not whether such Levies were sent Sir John Hotham deposed much to the same Effect Sir John Hotham Sir Philip Stapleton deposed Sir Philip Stapleton That the Gentry upon the King's Summons being met drew the Petition to which there were 100 hands and that the Earl refused to deliver it unless the concluding clause were left out but most of them resolved to stand to that Petition and many went out of Town not doubting the delivery of it My Lord put it to the Vote where there were many Papists and on the Vote delivered an Answer what he knows not for he stayed behind to draw another Petition and humble Protestation to his Majesty that this Petition was the Answer of the Countrey Lord Wharton deposed Lord Wharton That attending my Lord Strafford with this Petition he refused to deliver it upon the Exception before mentioned that divers of the Gentlemen that were there would not go back from that with which so much humility and reason they thought was desired thereupon my Lord went to the King but they who thought not fit to alter the Petition went not with him and what he said he knows not Then this following Warrant of Sir William Pennyman's was produced and he owning it and it being not in Accusation of himself but grounded on my Lord Strafford's Command for Levying money it was read To the Constable of Sergeant-Major Yaworthe's Company WHereas the Lord Lieutenant-General of his Majesties Army Sir William Pennyman's Warrant by His Majesties Command sent forth Warrants to the Constable of this Weapontake of Longborough for Collecting and Paying the Soldiers of my Regiment Six weeks pay to be delivered from my hands which is not yet received from c. These are therefore once more in his Majesties Name to Will and Require you forthwith to pay or cause to be paid to the said Sergeant-Major the several Rates and Proportions both of the First and Second Contribution Assessed on your Town c. And if any Person or Persons shall refuse so to do you are instantly on receit hereof to bring him or them c. to serve in their own Persons for the defence of this County as the necessity of this Cause requires And hereof c. fail not 19 Octob. 1640. William Pennyman To this Sir William deposed That he cannot say whether the first Warrant was issued by the Vice-President or whether any was issued by my Lord Strafford 's direction And being again and again urged to speak positively and Categorically he said he did verily believe the ground of the Warrant of the Deputy-Lieutenants to Levy money on the Countrey was That my Lord told them That he had acquainted the Lords of the great Council and his Majesty and that he did it by their consent but he was out of the room when it was drawn only Mr. Rockly a deputy-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
be an endeavourer to Subvert the Fundamental Lawes of the Land in this kind I beseech your Lordships call to mind what hath been proved that at all Publick Debates at Council and Privately apart I have humbly represented to His Majesty from time to time That Parliaments are the Only Way to Settle Himself in Quietness in the Kingdom and to acquire Prosperity and Happiness to Himself and His People And when you shall hear them press upon me that I have endeavoured to Subvert the Fundamental Laws of the Land I beseech your Lordships to call to mind how frequently and fervently I have advised the King to call for Parliaments which under God is the great Protection and Defence of the Fundamental Laws of the Kingdom To the 25th I have Answered already and to the 26th likewise The next is the 27th and for that I can say no more then that your Lordships have heard the Proofs for the Levying of Money it hath been cleared to your Lordships that nothing was done by me but by Consent of the Country with their Unanimous good liking and for their benefit and advantage Being done so and for so good ends as I trust that shall not be enforced against me and it is very strange to me why it should be expected that if two Armies be in the Field one against the other as there was at York that they should be Govern'd with as much quietness as an Atturney walking with his Writs at his Girdle betwixt the King's Bench and the Common-pleas For Armies cannot be Govern'd without some Latitude in this kind Inter arma Silent Leges rightly applyed there is truth in that But I did nothing in the Business I did nothing by Compulsion but by the voluntary liking of the Parties themselves and therefore I conceive that shall not be Charged upon me as Treason There remains now the 28th Article and that is the onely Bloody Article if it had been or could be made good that is in the whole Charge for there I am Charged out of ill and wicked purposes and indeed What can be worse than Treason to have Betrayed Newcastle into the power of the Scotch Army and likewise to have betrayed the King's Army at Newburn to a dishonourable Retreat My Lords if either of these had been true I should have saved your Lordships the labour I would have given Judgment against my self that had been certain But my Lords never was any Man more Innocent therefore they may very well wave it Have I been all this while Charged as an Incendiary and Am I now come in the Conclusion to be charged as a Confederate it is wonderful strange certainly your Articles fight one against another in this for How can I be an Incendiary in one part and a Conspirator with them that Charged me to be an Incendiary in the other part In good Faith I have not been very kindly dealt withal by my Confederates if they be Confederates to Charge me as an Incendiary that did them that Service and Help as to deliver into their hands a Town of such Consequence as that is No my Lords I wish all happiness to the Nation but I can never wish so to it as that they should take one of the King's Towns in England if I could have helped it My Lords it was lost before I had the Charge of the Army I had nothing to do in the business nor am I to give any Accompt of it nor is any thing proved And as to the Defeat at Newburn you yet fight one Article with another methinks in that too for I am charged to be the Man that delivered up Newcastle and yet all the World knows that nothing could save it from being lost but taking away from the Scots the Passages at that time So that I should use all means to prevent Men from doing that which I meant to do for them is verye all strange to me Here is no Probability and certainly little truth in the whole business as concerning my Confederating with the Scots either for the one or the other And so my Lords I am come to the end of these 28 Articles that were for my further Impeachment I have gone over them all and out of these now there remains that other Second Treason that I should be guilty of endeavouring to Subvert the Fundamental Laws of the Land in the first of those Seven Articles My Lords That those should now be Treason together that are not Treason in any one part and Accumulatively to come upon me in that kind and where one will not do it of it self yet woven up with others it shall do it Under favour my Lords I do not conceive that there is either Statute-Law or Common-Law that hath declared this endeavouring to Subvert the Fundamental Laws to be High Treason I say neither Statute-Law nor Common-Law Written that I could hear of and I have been as diligent to enquire of it as I could be And your Lordships will believe I had reason so to do And sure it is a very hard thing I should here be question'd for my Life and Honor upon a Law that is not Extant that Cannot be Shewed There is a Rule that I have read out of my Lord Cook Non apparentibus non existentibus eadem est Ratio Jesu My Lords Where hath this Fire lay'n all this while so many hundred years together that no Smoak should appear till it burst out now to consume me and my Children Hard it is and extream hard in my Opinion that a Punishment should Precede the Promulgation of a Law that I should be Punished by a Law Subsequent to the Act done I most humbly beseech your Lordships take that into Consideration for certainly it were better a great deal to live under no Law but the Will of Man and Conform our selves in Humane Wisdom as well as we could and to Comply with that Will then to live under the Protection of a Law as we think and then a Law should be made to punish us for a Crime precedent to the Law then I conceive no Man living could be safe if that should be admitted My Lords it is hard in another respect that there should be no Token set upon this Offence by which we may know it no manner of Token given no Admonition by which we might be aware of it If I pass down the Thames in a Boat and run and Split my self upon an Anchor if there be not a Buoy to give me warning the Party shall give me Damages but if it be Marked out then it is at my own peril Now my Lords Where is the Mark set upon this Crime Where is the Token by which I should discover if it be not Marked if it lie under-Water and not above there is no Humane Providence can prevent the Destruction of a Man Presently and Instantly Let us then lay aside all that is Humane Wisdom let us rely onely upon Divine Revelation for
now he had his Sword in his hand Sir Robert King proves it so My Lord Ranalagh discovered the smoke of the fire that he had just cause to suspect and on good grounds I am sure and if the Commons of England had not just cause to suspect him as I believe he is convinced they had good cause what is the reason this suspition should be entertained at that time my Lord of Strafford being not then questioned for it and yet my Lord Ranalagh should say Shall we turn our Swords upon our own bowels Shall we bring this Army to turn the points of our blades upon that Nation from whence we were all derived and that was before any conference with Mr. Secretary Vane Sir William Pennyman himself his own Witness and Friend says at York before my Lord of Strafford was questioned that there was a common fame of bringing the Army into England and there is something in that surely and after all this to produce one Witness that expresly proves the very words spoken in terminis as they be charged if your Lordships put the whole together see whether there be not more than one Witness And under favour my Lord Cottington if you call to mind his Testimony I must justify he did declare That he heard my Lord of Strafford tell the King That some reparation was to be made to the Subjects Property which must infer he had advised an Invasion upon the Property else by no good coherence should a reparation be made And that he testifies this I must affirm and most here will affirm it and I think your Lordships well remember it and that is an addition to it for if your Lordships cast your eye upon the Interrogatory administred to my Lord Admiral and my Lord Cottington that very question is asked so that his own Conscience told him he had advised something to invade upon the People when he advised to a restitution after things should be setled and so I refer it to your Lordships consideration whether here be not more than one witness by far It is true he makes Objections to lessen this testimony First That this Army was to be landed at Ayre in Scotland and not here and this was declared to Sir Thomas Lucas Mr. Slingsby Sir William Pennyman and others Secondly That others that were present when the words are supposed to be spoken did not hear any such words For the first Perhaps the Army might be originally intended for Scotland and yet this is no contradiction but he might intend it afterwards for England surely this is no Logick that because it was intended for one place it could never be intended for another place so his allegation may be true and the charge stand true likewise Beside that it was intended originally for Scotland what proof makes he He told several persons of the design but I will be tryed by himself he told some it was for Scotland he told others it was for England and why you should believe his telling on one side more than on the other side I know not though he pretends a reason of his several allegations that the world should not know his design but if you will not believe him one way why should-he be believed the other way and if not the other way why the first way For the Second Several persons were present when the words were spoken touching the Irish Army and they were examined and remember not the words but one man may hear though twenty do not hear and this is no contradiction at all for those persons whom he examined the Lord Treasurer Marquis Hamilton my Lord Cottington did not hear the words that are proved by two Witnesses concerning the Kings being loose and absolved from Rules of Government and if they did not hear those words no marvel they did not hear the other and therefore that which he himself pretends to be a convincing testimony is nothing at all so that his objections are clearly taken away and the single testimony fortified with testimonies that make above one witness and so the words are fully proved But to fortify the whole I shall handle all these Articles together This design to subvert the Law and to exercise an Arbitrary Power above the Law in this Kingdom will upon the proofs putting them all together and not taking them in pieces as my Lord of Strafford hath done appear to have been harboured in his thoughts and setled in his heart long before it was executed You see what his Counsels were That the King having tryed the affections of his People was loose and absolved from all Rules of Government and might do every thing that power would admit and His Majesty had tryed all ways and was refused and should be acquitted of God and Man and had an Army in Ireland wherewith if he pleased he might reduce this Kingdom so there must be a trial of his People for Supply that is denyed which must be interpreted a Defection by refusal and this refusal must give advantage of necessity and this necessity must be an advantage to use his Prerogative against the Rule of the Law and consent of the People this is his advice which shews that this very thing that happened did harbour in his thoughts long before the breach of the Parliament and the occasion of the Army Your Lordships have heard it confessed by himself That before this last advice he had advised the calling of a Parliament To the Parliament a proposition of Twelve Subsidies was made for supply and which may be spoken with great assurance before they had consulted or given any resolution to that proposition the Parliament was dissolved upon a Supposal that the Supply was denied Now that this was pre-designed by my Lord of Strafford himself I beseech you observe these things following that is The words in the Two and Twentieth Article That His Majesty was first to try the Parliament and if that did not supply him then he would serve the King any other way His words are proved by Mr. Treasurer That if the Parliament supplyed him not he would serve him any other way and this is before the Parliament set now if your Lordships hear the proofs of my Lord Primate which my Lord of Strafford slights taking it singly my Lord Primate before the Parliament was called when my Lord of Strafford was in Ireland and not yet come into this Kingdom testifies my Lords saying That if the Parliament will not supply His Majesty the King was acquitted before God and Man if he took some other course to supply himself though against the will of the Subjects I beseech your Lordships observe how he prophesies these things must come to pass and advised them accordingly My Lord Conway testifies that before the Parliament sate my Lord of Strafford said that if the Parliament would not supply His Majesty the King was acquitted before God and Man if he took another course to supply himself though it were
for though it cost him his life he that is in possession thinks it as well worth the keeping John Sparhank in King Henry the Fourth's time meeting two men upon the way amongst other talk said That the King was no rightful King but the Earl of March and that the Pope would grant Indulgencies to all that could assist the Earl's Title and that within half a year there would be no Liveries nor Cognizances of the King that the King had not kept promise with the People but had laid Taxes upon them In Easter-Term in the third year of Henry the Fourth in the Kings Bench Rot. 12. this adjudged Treason this denying the Title with Motives though not implyedly of Action against it adjudged Treason this is a compassing the Kings death How this was a compassing of the Kings Death is declared in the Reasons of the Judgment that the words were spoken with an intent to withdraw the affections of the people from the King and to excite them against him that in the end they might rise up against him in mortem destructionem of the King My Lords in this Judgment and others which I shall cite to your Lordships it appears that it is a compassing the Kings death by Words to endeavour to draw the Peoples hearts from the King to set discord between the King and them whereby the People should leave the King should rise up against him to the death and destruction of the King The Cases that I shall cite prove not only that it is Treason but what is sufficient Evidence to make this good Upon a Commission held the 18th year of Ed. 4. in Kent before the Marquess of Dorset and others an Indictment was preferred against John Awater of High-Treason in the Form before-mentioned for Words which are entred in the Indictment Sub hac forma That he had been servant to the Earl of Warwick that though he were dead the Earl of Oxford was alive and should have the Government of part of that Country That Edward whom you call King of England was a false Man and had by Art and Subtilty slain the Earl of Warwick and the Duke of Clare his Brother without any cause who before had been both of them attainted of High-Treason My Lords This Indictment was Returned into the Kings-Bench in Trinity Term in the Eighteenth year of Edward the Fourth and in Easter-Term the Two and twentieth of Edward the Fourth he was outlawed by the stay of the outlawry so long as it seems the Judges had well advised before whether it were Treason or not At the same Session Thomas Heber was Indicted of Treason for these words That the last Parliament was the most simple and insufficient Parliament that ever had been in England That the King was gone to live in Kent because that for the present he had not the love of the Citizens of London nor should he have it for the future That if the Bishop of Bath and Wells were dead the Archbishop of Canterbury being Cardinal of England would immediately lose his head This Indictment was returned into the Kings-Bench in Trinity-Term in the 18th year of Edward the 4th afterwards there came a Privy-Seal to the Judge to respit the Proceedings which as it should seem was to the intent the Judges might advise of the Case for afterwards he is outlawed of High-Treason upon this Indictment These words are thought sufficient evidence to prove these several Indictments that they were spoken to withdraw the Peoples Affections from the King to excite them against him to cause Risings against him by the People in mortem destructionem of the King Your Lordships are pleased to consider That in all these Cases the Treason was for words only words by private Persons and in a more private manner but once spoken and no more only amongst the People to excite them against the King My Lords here are Words Counsels more then Words and Actions too not only to disaffect the people to the King but the King likewise towards the People not once but often not in private but in places most Publick not by a private person but by a Counsellor of State a Lord-Lieutenant a Lord-President a Lord-Deputy of Ireland 1. To His Majesty that the Parliament had denyed to supply Him a Slander upon all the Commons of England in their Affections to the King and Kingdom in refusing to yield timely supply for the necessities of the King and Kingdom 2. From thence that the King was loose and absolved from Rules of Government and was to do every thing that Power would admit My Lords more cannot be said they cannot be aggravated whatever I should say would be in Diminution 3. Thence you have an Army in Ireland you may employ to reduce this Kingdom To Counsel a King not to Love His People is very Unnatural it goes higher to hate them to Malice them in his heart the highest expressions of Malice to destroy them by War These Coals they were cast upon his Majesty they were blown they could not kindle in that Breast Thence my Lords having done the utmost to the King he goes to the people At York the Country being met together for Justice at the Open Assises upon the Bench he tells them speaking of the Justices of the Peace that they were all for Law nothing but Law but they should find that the Kings Little Finger should be heavier then the Loyns of the Law as they shall find My Lords Who speaks this to the People a Privy-Counsellor this must be either to traduce His Majesty to the People as spoken from him or from himself who was lord-Lord-Lieutenant of the County and President intrusted with the Forces and Justice of those parts that he would Employ both this way Add my Lords to his Words there the Exercising of an Arbitrary and Vast Jurisdiction before he had so much as Instructions or Colour of Warrant Thence we carry him into Ireland there he Represented by his place the Sacred Person of his Majesty First There at Dublin the Principal City of that Kingdom whither the Subjects of that Country came for Justice in an Assembly of Peers and others of greatest Rank upon occasion of a Speech of the Recorder of that City touching their Franchises and Regal Rights he tells them That Ireland was a Conquered Nation and that the King might do with them what he pleased Secondly Not long after in the Parliament 10 Car. in the Chair of State in full Parliament again That they were a Conquer'd Nation and that they were to expect Laws as from a Conqueror before the King might do with them what he would now they were to expect it that he would put this Power of a Conqueror in Execution The Circumstances are very Considerable in full Parliament from himself in Cathedra to the Representative Body of the whole Kingdom The Occasion adds much when they desir'd the Benefit of the Laws and that their Causes and Suits
Captainship make any demand of the people of any Exaction nor as a Captain assemble the people of the Shire-Grounds nor as a Captain shall lead those people to do any acts Offensive or Invasive without Warrant under the Great-Seal of England or of the Lord-Deputy Deputy upon penalty that if he do any thing contrary to that Act that then the Offender shall forfeit a Hundred pounds My Lords the Rebels had been out the Courts of Justice scarce sate for defence of the Country divers usurped the place of Captains concluded of War against the Rebels and invaded them without Warrant Invading the Rebels without Authority is a crime This appears further by particular clauses in the Statute none shall exercise any Captainship within the Shire-grounds nor assemble the men of the Shire-grounds to conclude War or lead them to any Invasion That that had anciently been so continued to this time that is the Irish and the English Pale they within the Shire-grounds were within the English Pale and ad fidem legem Angliae The Irish without the Pale were enemies always either in open act of Hostility or upon Leagues and Hostages given for securing the Peace and therefore as here in England we had our Marches upon the frontiers in Scotland and Wales so were there Marches between the Irish and English Pale where the Inhabitants held their Lands by this tenure to defend the Country against the Irish as appears in the close Roll of the Tower in the 20th year of Edw. 3. membrana 15. on the backside and in an Irish Parliament held the 42 year of Edw. 3. it 's declared That the English Pale was almost destroyed by the Irish enemies and that there was no way to prevent the danger but only that the Owners reside upon their Lands for defence and that absence should be a forfeiture This Act of Parliament in a great Council here was affirmed as appears in the close Roll the 22 year of Edw. 3. Membrana 20 dorso Afterwards as appears in the Statute of 28 Hen. 6th in Ireland this Hostility continued between the English Marches and the Irish Enemies who by reason there was no difference between the English Marches and them in their Apparel did daily not being known to the English destroy the English within the Pale Therefore it is enacted that every English-man shall have the hair of his upper Lip for distinction sake This hostility continued until the 10th year of Henry the 7th as appears by the Statute of 10 H. 7th and 17th so successively downwards till the making of this very Statute of 11 Eliz. as appears fully in the 9th Chap. Nay immediately before and at the time of the making of this Statute there was not only enmity between those of the Shire-ground that is the English and Irish Pale but open War and acts of Hostility as appears by History of no less Authority than that Statute it self for in the first Chapter of that Statute is the Attainder of Shane Oneale who had made open War was slain in open War it 's there declared That he had gotten by force all the North of Ireland for an hundred and twenty miles in length and about a hundred in breadth that he had mastered divers places within the English Pale when the flame of this War by his death immediately before this Statute was spent yet the Firebrands were not all quenched for the Rebellion continued by John Fitz-Gerard called the White Knight and Thomas Gueverford this appears by the Statute of the Thirteenth year of Queen Eliz. in Ireland but two years after this of the Eleventh year of Queen Eliz. where they are attainted of High-Treason for Levying of War this Eleventh year wherein this Statute was made So that my Lords immediately before and at the time of the making of this Statute there being War between those of the Shire-Grounds mentioned in this Statute and the Irish the concluding of War and Acts Offensive and Invasive there mentioned can be intended against no others but the Irish Enemies Again The words of the Statute are No Captain shall assemble the people of the Shire-grounds to conclude of Peace or War Is to presume that those of the Shire-grounds will conclude of War against themselves Nor with the Statute Shall carry those of the Shire-grounds to do any Acts Invasive by the construction which is made on the other side they must be carried to fight against themselves Lastly The words are That as a Captain none shall assume the Name or Authority of a Captain or as a Captain shall gather the people together or as a Captain lead them the offence is not in the matter but in the manner If the Acts offensive were against the Kings good Subjects those that were under Command were punishable as well as the Commanders but in respect the Soldiers knew the service to be good in it self being against the enemies and that it was not for them to dispute the Authority of their Commanders the penalty of 100 l. is laid only upon him That as Captain shall assume this Power without Warrant the People commanded are not within this Statute My Lords The Logick whereupon this Argument is framed stands thus because the Statute of the Eleventh year of Queen Elizabeth inflicts a penalty of 100 l. and no more upon any man that as a Captain without Warrant and upon his own head shall conclude of or make War against the King's Enemies Therefore the Statute of the 18th year of Henry the 6th is repealed which makes it Treason to lay Soldiers upon or to levy War against the Kings good People But My Lords Observation hath been made upon other words of this Statute that is that without Licence of the Deputy these things cannot be done this shews that the Deputy is within none of the Statutes My Lords This Argument stands upon the same reason with the former because he hath the ordering of the Army of Ireland for the defence of the people and may give Warrant to the Officers of the Army upon eminent occasions of Invasion to resist or prosecute the Enemy because of the danger that else might ensue forthwith by staying for a Warrant from His Majesty out of England My Lords The Statute of the 10th year of Henry the 7th Chap. 17. touched upon for this purpose clears the business in both points for there is declared That noâ—e ought to make War upon the Irish Rebels and Enemies without Warrant from the Lieutenant the forfeiture 100 l. as here the Statute is the same with this and might as well have been cited for repealing the Statute of the 18th year of Henry the 6th as this of the 11th year of Queen Elizabeth But if this had been insisted upon it would have expounded the other two clear against him Object My Lords It hath been further said although the Statute be in force and there be a Treason within it yet the Parliament hath no Jurisdiction the
hand and therefore in his own words take the following account of that Affair WHen the King had Dissolved the Parliament in April An account of Sir Henry Vanes Notes so fatal to the Earl of Strafford 1640. He committed the management of his greatest concernments to certain Lords of his Council who were called the Juncto At this Table Sir Henry Vane as Secretary of State was present and had taken some rude and imperfect Notes of such Speeches as those Lords had severally delivered to the King by way of Debate whether he Transcribed those Notes is uncertain yet his great care in keeping them makes it more then probable he designed to have something in readiness if an occasion should be offered that might turn to the Earl of Strafford's prejudice against whom he had a private hatred the Earl having obtained from the King the Title of Raby for his Barony which was the hereditary possession of Sir Henry Vane though by Gift from the King But this Grudge lay concealed lest the intended Revenge against the Earl should not take Effect in the proper season for if Sir Henry Vane's Malice had been professed the Earl of Strafford's Power would easily have disordered and disappointed all his opposite Attempts These Notes were therefore laid up in his Cabinet till he found the differences betwixt the King and his Subjects of Scotland to be in a fair way of composure and then he thought it the fittest time to discover those private Councils and engage the Lords and Commons when ever they met in Parliament to an irreconcilable hatred against him But his fears were great in owning himself as an Informer or Accuser lest he should lose the Place and Favour which he held in Court and be looked upon by the King as a Perjur'd Councellor a false and unworthy Servant Yet he thought it might prove unsafe and unsuccessful to imploy a Stranger in a business of so great Concernment to him he therefore resolves to improve his Malice and Subtilty by one whom nature had made his living Copy and he takes such a Course as might cast the blemish upon his Son yet gain the means of that Revenge which he designed He was then in a Treaty of Marriage for his Son with the Daughter of Sir Christopher Wray and being called upon to produce the chief Writings of his Estate he being then at his Country House in Kent gave his Son the Keys of his Cabinet at Whitehall and directed him to such a Drawer were he should find those Writings which were desired but no sooner had his Son opened the Cabinet and the Drawer according to his Fathers directions but he found a Paper with this Indorsment Notes taken at the Juncto This Paper either from his own Curiosity or his Fathers Direction he opens and reads and having a particular Acquaintance with Mr. Pym he repairs to him with great Expressions of a troubled Mind not knowing what way to steer himself betwixt the Discharge of his Duty to the Common-wealth and his faithfulness to his Father Mr. Pym endeavoured to answer his Scruples and having perused the Paper he found many Expressions of dangerous consequence he therefore took a Copy of those Notes for his own use but when the Parliament met he resolved to make use of them for the Service of the Publique and assured Mr. Vane that all tender care should be had of his Reputation and of his Fathers security and that his name should not be made use of as the Author of this Information unless it should appear to him to be of absolute necessity to avow the Discovery of it For these reasons the close Committee was desired preparatory Examinations were contrived that the truth of these Counsels and Advices delivered to the King by the Earl of Strafford might have been gained from the Confession of those Lords which were present at the Debates Upon this desire of the House of Commons the Lords declared that no Examination ought to be taken before the particular Charge against the Earl of Strafford were given in and that they understood the desire of the House of Commons in no other sence and therefore they Ordered That for that time and in that case all the Peers should be Examined upon Oath as Witnesses and that the Assistants should likewise be Examined upon Oath if it were required and that they would endeavour with their best care to have the business kept secret and that such of the House of Commons as should be made choice of might be present at the taking such Preparatory Examinations as should be desired by them for perfecting of the Charge against the Earl of Strafford Sir Henry Vane's Papers the 5th of May 1640. L. L. Ireland Sir Henry Vane's Notes taken at the Juncto No danger in undertaking the War whether the Scots are to be reduced or not To reduce them by force as the State of this Kingdom stands If his Majesty had not declared himself so soon he would have declared himself for no War with Scotland They would have given him plentifully The City to be called immediately and quickned to lend One Hundred Thousand Pounds The Shipping Money to be put vigorously upon Collection those two ways will furnish his Majesty plentifully to go on with Arms and War against Scotland The manner of the War Stopping of the Trade of Scotland no prejudice to the Trade free with England for Cattel A Defensive War totally against it Offensive War into the Kingdom His Opinion few Months will make an end of the War do you invade them L. Arch. Lord Archbishop If no more Money then proposed how then to make an Offensive War a dissiculty Whether to do nothing and let them alone or to go on with a vigorous War L. L. Ireland Go vigorously on or let them alone no Defensive War loss of Honour or Reputation the quiet of England will hold out long you will languish as between Saul and David Go on with an Offensive War as you first designed loosed and absolved from all Rules of Government Being reduced to extreme necessity every thing is to be done as power will admit and that you are to do They refused you are acquitted toward God and Man You have an Army in Ireland you may imploy here to reduce this Kingdom Confident as any thing under Heaven Scotland will not hold out Five Months one Summer well imployed will do it venture all I had I would carry it or lose it Whether a Defensive War as impossible as an Offensive War or whether to let them alone L. Arch. Tryed all ways and refused all ways By the law of God you should have subsistence and ought to have and lawful to take it L. Cott. Lord. Cott. Leagues abroad they make and will and therefore the defence of this Kingdom The Lower House are weary both of King and Church month May 1641. It always hath been just to raise Moneys by this unavoidable
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
House of Commons was printed and dispersed all over England which when complained of though disclaimed by the House within doors yet was it never Counter-manded no Penalty inflicted upon the Printer Publishers or Spreaders of this Counterfeit Order nay they were not so much as once questioned for it By the Encouragement of this Order and the Countenance this Petitioning and Articling against the Clergy found from the Committee for Religion there were above 2000 Petitions Exhibited in a short time against them in which they were charged with the most horrid Crimes of Adultery Prophaneness Swearing Drunkenness and indeed what not Every accusation was not only received but Credited insomuch that few or none of the Loyal Clergy Escaped the lash Honesty and Learning being then as Mr. Selden said Sins enough in a Clergy-man And when ever the Reader shall hereafter meet with any of these Votes against the Clergy he is to look upon them rather as Marks of Honesty and honourable Scars of their Wounded Reputation then brands of ignominy or real Crimes for all their Sufferings proceeded only from their being guilty of Loyalty to their Sovereign Lord and King and Obedience to their Superiors and the Laws of the Church and of the State too as then it was Established But to pass forward this New Plot of seducing the Army with which not only London but the whole Nation rung again was of Extraordinary Service to them and from the Rumors which were spread of a French and Irish Army to be landed to joyn with the English Army the Phanatical Party took Occasion to provide themselves with Arms and Ammunition of which afterwards they made sufficient advantage when the Contest between the King and the Two Houses grew so high as to come to the fatal decision of the Sword A Letter was this day Ordered to be sent to the Army in order to the discovery of this Conspiracy against the Parliament and Mr. Speaker was ordered to send Copies of it under his hand to Sir John Conyers and Sir Jacob Ashley The Letter was thus penned SIR WHereas there have been just Causes of Jealousies that there have been some secret Attempts and Practices to infuse into the Army a mislike of this Parliament The Speaker's Letter to the Army to some dangerous intent and purpose against the State and that now the matter is grown unto a strong presumption upon further discoveries and by reason that some of those which were suspected to have been Active therein are fled upon the first stirring thereof before ever they were once named It hath pleased this House to declare That notwithstanding they intend to search into the bottom of this Conspiracy yet purposing to proceed Especially against the Principal Actors therein this House hath resolved whereunto the House of Peers hath likewise consented That for such of the Army as the Conspirators have endeavoured to work upon if they shall testifie their Fidelity to the State by a timely discovery of what they know and can testifie therein they shall not only be free from all punishment but also shall be Esteemed to have done that which is for the Service of the State in discovery of so dangerous a Plot against it And for such of the Army as are and shall be found no wayes tainted with this dangerous Design or knowing any thing thereof shall make such discovery as aforesaid as this House shall no wayes doubt of their Loyalty and Fidelity so it will have an Especial Care not only to satisfie all such Arrears as this House hath formerly promised to discharge but also give a fair Testimony of the Sense they have of their present and past Want And it is Ordered by this House That immediately after the receipt hereof you should communicate this their Declaration unto all the Officers and Members of the Army under your Command Your very Loving Friend c. It was this day also Agreed to a further Cessation of Arms for a Month longer Cessation prolonged for a Month from May 16. to begin from the 16. of May if the Treaty shall so long continue A Bill was read the first and second time for better levying and raising Mariners and Saylors and others Monday May the 10th for the defence of the Kingdom An Information was also given in Search for Arms at Lambeth or at least so pretended to render the Archbishop more Odious to the Populace and to Exasperate them against Him and the Rest of the Bishops that there were great Stores of Arms and Ammunition laid up at Lambeth in Order as was buzzed about among the Faction to promote some ill Designs against the Parliament whereupon Sir John Evelyn and Mr. Broxam were Ordered to go over to Lambeth to view what Arms were there and some others were appointed to search about the Parliament House lest any Plot should be secretly hid there or rather in truth to amuse the People by these strange Fears and Jealousies and keep them up in that Heat in which they were against the Government This Day were passed Money to be borrowed of the City upon Passing the Bill of Attainder and Bill for Parliament as before was observed the Fatal Bills for the Attainder of the Earl of Strafford and for the continuance of this Parliament upon which the Citizens and Burgesses for London were ordered to represent to the Lord Mayor and Court of Aldermen and Common Councel what past this day concerning the Bill of Attainder and the Bill for the Sitting of this present Parliament and to move for a present Answer to be given for the Sixscore thousand pounds promised to be lent by the City for the great Occasions of the Kingdom There goes a Story which I have heard confirmed for truth That a certain Witty Nobleman the next morning after the passing this Bill for the Continuance of this Parliament during their Pleasure coming to the King 's uprising Saluted him in this Familiar manner Good morrow fellow Subject Which though at present it did only a little surprize his Majesty yet afterwards he found that no less was by that ACT intended by the Faction who treated him as a Co-ordinate third Estate Mr. Message from the King concerning the Lord Cottington c. Treasurer Vane brings a Message from the King to the House to acquaint them That his Majesty had already given Directions to prepare a Patent to make my Lord of Salisbury Lord Lieutenant of Dorsetshire the Lord Cottington having offered to surrender his Patent and that the House may hereby see how ready his Majesty is to satisfie all their Just Requests being resolved to repose himself intirely upon the Affections of his People To which Message Mr. The Commons Answer Treasurer was Ordered barely to return the Thanks of the House whereas formerly upon far less Occasions more Dutiful Commons were ever wont to return their Answer with the Stile of His Majesties Gracious Message and these Men
Message concerning the Lord Lieutenancy of Yorkshire to be conferred upon the Earl of Essex upon which the Lords made application to his Majesty who the next day being the Twentieth sent this Message to the House to let them know Earl of Essex made Lord Lieutenant of Yorkshire That he had conferred the Lieutenancy of Yorkshire upon the Earl of Essex and the cause why His Majesty did not give an Answer before now was Because a Grant was made under the Great Seal of the same to the Lord Savile who is become a Suitor to his Majesty to give him leave to surrender up his Patent to his Majesty seeing it is at the Instance of both Houses who hath accepted of that Surrender For this the House appointed the same Lords who carried the Message to return to his Majesty humble Thanks and thought it fit that Intimation be given to the House of Commons of this Answer of his Majesty But amidst all the Variety of Chaces which were roused for the People to run at Wednesday May 19. Forreign Letters to be opened the scent of Fears and Jealousies of Plots and Dangers was to be kept Warm and for this purpose this Day all Forreign Letters were by Order of the House to be stayed and opened but how little they dreaded a Forreign Invasion had men then considered might Easily have been discovered for this very day the House fell upon the Consideration of Disbanding the Armies Disbanding Armies which had they really feared the Landing of the French in Guernsey Jersey or at Portsmouth they would rather have raised more men for the defence of those Places and to prevent those Dangers Hitherto they had proceeded upon the fair pretence of Reformation only Thursday May 20. and though it be very Evident both by their Protestation as Explained and by several other Passages that they did not only design to devest the Bishops of their Votes and Peerage and the Clergy of all manner of Secular Power but utterly to Exterminate that Government out of this Church and Kingdom yet with their Usual Way they had wisely dissembled their Intentions but now having as they conceived by the Tumults which they found they were able to raise at their pleasure gotten a strength able to stand by them and maintain them in all their Proceedings they openly declared what their Intention was Sir Edward Deerings Collection of Speeches Page 26. A mistake of Mr. Franklins about Oliver Cromwell's being Burgess for the University of Cambridg rectified For upon this day as I have it from Sir Edward Deering's own Papers being the Collection of his Speeches which himself published for his Vindication that he was no Root and Branch man The Bill for Abolition of the present Episcopacy was pressed into his hand by Sir Arthur Haslerig being brought unto him by Sir Henry Vane and Oliver Cromwell Burgess for the Town of Cambridge and not the University as Mr. Franklin in his Annals has by mistake printed him Sir Arthur told him he was resolved that it should go in but was Earnestly Urgent that Sir Edward then a Popular man a Speech-maker and Favourite of the Faction should present it and it seems Sir Edward was willing to be made a Cats foot to this worthy Triumvirate for as he tells us without any due consideration or deliberation upon so weighty a matter the Bill did hardly stay in his hand so long as to make a hasty perusal for whilest he was overviewing it Sir Edward Aiscough delivered in a Petition out of Lincolnshire which was seconded by Mr. Strode in such a sort that having a fair invitement to issue forth the Bill then in his hand he immediately stood up and made this Extempore Speech at the delivery of the Bill Mr. Speaker THE Gentleman that spake last taking notice of the multitude of Complaints and Complainants against the present Government of the Church The Bill for the utter abolishing Episcopacy c. brought in and Sir Edw. Deering's Speech upon it doth somewhat seem to wonder that we have no more pursuit ready against the persons Offending Sir the Time is present and the Work is ready perhaps beyond his Expectation Sir I am now the Instrument to present unto you a very short but a very sharp Bill such as these Times and their sad Necessities have brought forth It speaks a free Language and makes a bold Request It is a Purging Bill I give it You as I take Physick not for Delight but for a Cure A Cure now the last and only Cure if as I hope all other Remedies have been first tryed then Immedicabile vulnus c. but cuncta prius tentanda I never was for Ruin so long as I could hold any hope of Reforming My hopes that way are even almost withered This Bill is intituled An Act for the Utter abolishing and taking away of all Archbishops Bishops their Chancellors and Commissaries Deans Deans and Chapters Arch-Deacons Prebendaries Chanters and Canons and all other their Under-Officers Sir You see their demerits have Exposed them Publici odii piaculares victimas I am sorry they are so ill I am sorry they will not be content to be bettered which I did hope would have been Effected by our last Bill When this Bill is perfected I shall give a sad Ay unto it And at the delivery in thereof I do now profess before-hand That if my former hopes of a full Reformation may yet revive and prosper I will again divide my Sence upon this Bill and yield my Shoulders to underprop the Primitive Lawful and Just Episcopacy Yet so as that I will never be wanting with my utmost Pains and Prayers to Root out all the undue adjuncts and superstructures on it I beseech you read the Bill and weigh well the Work How little this unhappy Gentleman had considered of this Weighty Affair and upon what slender convictions either of his own Conscience or the real guilt of the Hierarchy he Employed his Parts and Eloquence to persuade the Abolition of Episcopal Government we have reason to believe not only from his own confession here that he had scarcely hastily perused the Bill before he thus recommended it to the House but from the sad Catastrophe of his Life For not long after this very Gentleman who formerly with so much applause made that Motion in the House of Commons That every one of the Canon-makers should with his own hands fire his Canons at the Barr of the House notwithstanding those Canons were stamped with the Royal Authority vested in the King by the Oath of Supremacy Yet falling into the disfavour of the Faction for some after-Speeches and indeavouring his own Vindication he so inraged the Party that his Book of Speeches was ordered to be burnt by the hand of the Common Hangman and being Expelled the House he was forced to avoid discovery and the fury of those Zealots whose Cause he so industriously asserted to flie in the disguise
City of Gloucester I have read them over and do find First the end wherefore the Lands and Possessions were granted unto them Secondly the manner and Form of Government of themselves And Lastly their several Oaths to keep all the Statutes prescribed unto them And because of my weak Memory please you to give me leave to read the words in the King 's Grant Englished thus We have Erected and Constituted Cathedrals and Colledges in the place of Monasteries to the end that where Ignorance and Superstition did Reign there the sincere Worship of God should Flourish and the Holy Gospel of Christ Jesus should be daily and purely Preached And further that the encrease of the Christian Faith Piety and the Instruction of Youth in good Learning and the Sustentation of the Poor should be for ever there kept maintained and continued and the said Dean Prebends Canons and all other Persons belonging to the said Cathedrals and Colledges are to be Governed and Ruled according to the Statutes prescribed unto them Sir The Statutes are many I will in brief tell you the Substance of some few of them The said Deans Prebends and Canons are always to reside and dwell in the Houses of the said Cathedrals and there to keep a Family good Hospitality to Feed the Poor and to distribute Alms unto the needy to be careful to Preach the Word of God In Season and out of Season and to sow the Seed of the Word of God abroad but especially in the said Cathedral Church and to have Youth profitable taught there And to the end that they all Serve God as well at Meals as in the Church they are to have a Common Table in the Common Hall of the said Cathedral where the said Canons Scholars Quiresters and under-Officers are appointed to Eat together and the said Dean and Chapter are to give Yearly Twenty Pound to the Poor beside their own Poor Alms-men and Twenty Pound more Yearly towards the Repairing of Bridges and High-ways thereabouts Sir For the performance of the said Statutes and Premises The said Deans Prebends Canons and Ministers of the said Cathedral do or ought respectively to take an Oath and thereby in express words do call God to witness and do Swear upon the Holy Evangelists to Rule Govern and behave themselves well and fathfully in the said Church according to the Will and Statutes of the Founder and every one of them do Swear that he will to his utmost Power well and faithfully keep all and singular the said Ordinances and Statutes as much as concerns himself and will procure all others as much as concerns them to keep the same inviolably So help him God and these Holy Gospels of God Master Hide You see wherefore the Lands were granted unto Deans and Chapters what their Statutes are and their Oaths to keep them It might be thought that these men do know a way another or nearer way to Heaven then they teach us or otherwise that they would not sit in the Seat of Perjury as it may seem they do without remorse of Conscience For it is notoriously known to the City of Gloucester and Country thereabouts That not one of the said Statutes before mentioned are or ever were during my remembrance kept or the matters contained in any of them performed by any of the Deans or Prebends of the said Cathedral They come indeed once a year to receive the Rents and Profits of the said Lands but do not distribute unto the poor and needy their Portion neglecting altogether the mending of the High-ways and Bridges and do not keep any common Table at all and instead of Preaching the Word of God themselves In Season and out of Season they are and have been the chief Instruments to hinder the same in others Infinite are the Pressures that many Cities near unto Deans and Chapters have endured by them and their procurement And whereas it was objected by another Learned Gentleman of the Long Robe That the Deans and Chapters are a Body Corporate and that they have as much right unto their Lay-Possessions as any other Body Politick or any City or Town Corporate I am of his opinion for such Lands and Possessions if they have any which they bought themselves in right of their Corporation or for such Lands were given them for their own use and I am well contented that such Lands should be left unto them but their case is far different in my opinion for I have shewed you before to what Godly Pious and Charitable uses the said Lands and Possessions were granted unto them And suitable thereunto you may call to mind the Londoners Case about Londonderry in the Star-Chamber where they were fined 70000 Pound to his Majesty and the same afterwards estreated into his Majesties Exchequer But upon the Writ of Extent issuing out thereupon His Majesty as I have heard received no benefit of any such Lands whereof the Corporation was Siezed for the maintenance of any Hospitals Bridges or other Charitable uses or ought to have done as I conceive Seeing therefore the said Deans and Chapters are but Trustees and the profits of the said Lands so ill imployed by them contrary to that trust reposed in them I am clear of opinion that by a Legislative power in Parliament it is fit to take them away and to put them into the hands of Feoffes to be disposed of to such Pious Religious and Charitable uses as they were first intended But it was said by a worthy Knight That he should be unwilling to take away their Lands and Possessions untill he first knew how they should be disposed of and how the Persons who were many thousands in this Kingdom as he said that would want Bread should he be provided for Certainly Mr. Hide although that is not the work at this time yet I account it no difficulty to satisfy that worthy Knight for I find upon the Survey of the Lands of the said Deanery of Gloucester that it hath above twelve Rectories of good value and about thirty Vicarages Pensions and Portions of Tithes which being at the first Deo consecrata most fit they should be still employed for the maintenance of the Gospel and therefore if those Deans and Prebends being but Seven in all to be now taken away will be Preaching Ministers there is I hope sufficient maintenance for so many of them as have not too much besides and yet to reserve as large a Salary as now they have for so many Singing Men there in Holy Orders that cannot Preach And then there are left to be provided for but the Organist eight Singing Boys two School-Masters four Poor Almsmen and some under-Officers whose yearly Wages come unto about one Hundred Pound per annum and the said Dean and Chapter have almost the third part of the Houses of the City of Gloucester the old Rent of them being yearly about 175. Pound which will well defray that Charge with a sufficient Surplusage for
as it will Real or Counterfeit it served their Turn made a mighty Noise and furnished them with a fresh Supply of those Fears and Jealousies with which they intoxicated the People and gave them a Rise for the Wheel that was now upon Motion to stop the King 's intended Journey into Scotland of which they were not a little jealous and distrustful A Petition from several Ministers of Wales was Read and referred to the Committee for Scandalous Ministers Welch Petition Thus the Indulgent Mother-Church of England had nursed up Undutiful and Unnatural Children to Rebel against Her a sort of Amphibious Hypocrites who could conform and swear Obedience to her Laws and Government while she was in Prosperity but Petition to pull her down when they saw her Entring into the Red Sea of Persecution they who had Sucked her Breasts and Eat of her Bread now lifting up their Heels against her and her Enemies being those of her own House This Day the House of Lords was adjourned during Pleasure The further Debate of the 10 Propositions in the House of Lords into a Committee to debate the rest of the Ten Heads brought up from the House of Commons And the House proceeded to the Fourth Head concerning the Queens Majesty And it was Ordered That for the present this Head and Branches be laid aside untill the Articles made at the Marriage be seen Then the Fifth Head and the Branches were debated and agreed to The Sixth Head the second Branch agreed to The third Branch Agreed to joyn with the House of Commons to Petition His Majesty to prevent it hereafter and to let the House of Commons know That there is but one English Lady about the Queen that is a Papist and to acquaint them with the quiet Condition of that Lady The 4th Branch agreed to The Fifth Branch concerning Active Papists Agreed to know of the House of Commons Who they mean by Active Papists and how far the Extent is to be The Eighth Head concerning the Security and Peace of the Kingdom the first Branch agreed to the second Branch to be treated of at the Committee The third Branch also left to the Committee The Fourth Branch Ordered That the Earls of Essex and Leicester and the Lord Kymbolton do acquaint the Lord Admiral with it The Ninth Head referred to the Committee and they to call the King's Counsel The Tenth Head agreed to concerning a Select Committee of Lords to joyn with a proportionable number of the House of Commons from time to time to confer about these particular Courses as shall be most Effectual for the Reducing of the Propositions to Effect for the Publique Good And these Lords following were appointed to be Committees for the same Viz. Lord Chamberlain E. Bath E. Essex E. Dorset E. Sarum E. Warwick E. March Their Lordships to meet when they please * Message from the King about Disbanding The Lords that were appointed to Wait on His Majesty returned this Answer That the King will give Order to his Attorney-General to issue forth and publish a Proclamation speedily and hath given Directions for Letters to be written to the deputy-Deputy-Lieutenants from the Lord Lieutenants to assist them with Power if occasion shall serve for the quiet Conveying the Soldiers through the several Counties which they pass And lastly That his Majesty is willing the Earls of Holland and Newport do go into the North to their several Charges in the Army at the time prefixed There was a Motion made from the Earl of Holland General of the Army Saturday June 26. who was going down in order to the Disbanding That he might have an Act to impower him to Exercise Martial Law if the Soldiers should prove Mutinous but it was rejected only they Resolved to procure a Proclamation to be sent down for the punishment of the Soldiers if they should be disorderly by the Justices of Peace and that the Justices and other Civil Officers should see the Soldiers orderly Conducted through their respective Counties to the places of their aboad There was also a Message from the Scots Commissioners Message from the Scots Commissioners about the Kings Journey into Scotland to acquaint the House That they were informed that they had Voted against his Majesties going into Scotland as he had graciously promised them which they said might be of great prejudice unto them for that they had sent Proclamations through the Kingdom of Scotland for his Majesties Entertainment within a certain limited time and therefore they desired the House would take it into Consideration Nevertheless they did not desire that his Majesty should go till Matters were well settled here provided it might not be prejudicial unto them by causing some Jealousies among the People there Sir William Savil this Day Petitioned the House Monday June 28. Sir William Savil released from the Tower upon which it was Ordered That he should be discharged from his Imprisonment in the Tower A Committee of 48 appointed to meet 24 Lords at a Conference in the Painted Chamber about the Propositions delivered by Mr. Pym on Thursday last concerning the King's going into Scotland c. In the House of Lords this day the Petition of the Lord Mayor and Aldermen of the City of London The Lord Major and Aldermen of Londons Petition about chusing one of the Sheriffs lately presented to the King was by his Majesty's Command delivered to the House and referred to the determination of the Parliament The effect of the Petition was concerning the sole Election of one of the Sheriffs of London which the Lord Mayor claims to have by prescription of Three Hundred Years to which the Commons of the said City disassented unless it be with their Confirmation and Approbation Hereupon it was Ordered That the Lord Mayor Recorder and some of the Aldermen and some of the Commons of the City of London shall have notice to attend this House to morrow morning at Eight of the Clock at which time their Lordships will hear both sides what they can say in this business A Message was brought from the House of Commons by Mr. Pym Message by Mr. Pym about the Archbishops Charge and Trial. who was commanded to let their Lordships know That formerly they brought up an Impeachment of High Treason against the Arch-Bishop of Canterbury which hath lain asleep ever since but now they intend to proceed and Examine divers Witnesses concerning that business therefore desired their Lordships that a select Committee may be appointed to Examine such Witnesses as the House of Commons shall desire and that to be in the presence of some Members of the House of Commons as they shall appoint and that the Examinations be kept secret as in the Case of the Earl of Strafford and as that they have made an Order in their House to Examine such Members of their House as are requisite so they desire their Lordships will be pleased to provide that such
Indictments where the Matter in Issue being that the said Brook refused to Administer the said Sacrament because the said Ingram and Carter would not receive Tickets with their Sur-Names before their Christen-Names which was a Course never used amongst them but by the said Brook He the said Sir Robert Berkley did then much discourage the said Ingram's Councel and over-rule the Cause for matter of Law so as the Jury never went from the Bar but there found for the said Brook And the said Sir Robert Berkley bound the said Ingram to the good Behaviour for the prosecuting the said Indictments and ordered him to pay Costs to the said Brook for wrongfully inditing him And whereas the said Carter not expecting the Tryal at the same Assizes he preferred his Indictment was then absent whereupon the said Sir Robert Berkley did cause to be entred upon the said Indictment a vacat quia non sufficiens in lege and ordered an Attachment against the said Carter which said proceedings against the said Ingram and Carter by the said Sir Robert Berkley were contrary to Law and Justice and to his own knowledge 10. That the said Sir Robert Berkley being one of the Justices of the Court of Kings-Bench and duly sworn as aforesaid in Trinity Term 1637. deferred to discharge or bail Alexander Jenings Prisoner in the Fleet brought by Habeas Corpus to the Bar of the said Court the return of his Commitment being that he was committed by two several Warrants from the Lords of the Councel dated the fifth of November 1636. The first being only read in Court expressing no cause the other for not paying Messengers Fees and until he should bring a Certificate that he had paid his Assessment for Ship-Money in the County of Bucks but remitted him And in Michaelmas Term after the said Jenings being brought by another Habeas Corpus before him as aforesaid and the same returned yet he the said Sir Robert Berkley refused to discharge or bail him but remitted him And in Easter Term after several Rules were given for His Majesties Councel to shew Cause why the said Jenings should not be Bailed a fourth Rule was made for the said Jenings to let His Majesties Attorney General have notice thereof and notice was given accordingly and the said Jenings by another Habeas Corpus brought to the Bar in Trinity Term after and the same return with this addition of a new Commitment of the Fourth of May suggesting he the said Jenings had used divers scandalous Words in derogation and disparagement of His Majesties Government He the said Jenings after several Rules in the end of the said Trinity Term was again remitted to Prison And he the said Sir Robert Berkley did on the fifth of June last defer to grant His Majesties Writs of Habeas Corpus for William Pargiter and Samuel Danvers Esquires Prisoners in the Gate-House and in the Fleet And afterwards having granted the said Writ of Habeas Corpus the said Pargiter and Danvers were on the eighth of June last brought to the Bar of the said Court where the Returns of their Commitments were several Warrants from the Lords of the Councel not expressing any Cause yet he the said Sir Robert Berkley then sitting in the said Court deferred to Bail the said Pargiter and Danvers and the eighteenth of June last made a Rule for a new return to be received which were returned the 25th of June last 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 Councel-Board given special Commandment to all the lord-Lord-Lieutenants of the Counties of this Realm appointed for their Rendezvouz in their several and respective Counties there to be conducted and drawn together into 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 of able Bodies but of Ability in Estate to Assess them according to their Estates to contribute towards the Charge of arraying others being able of Body and not 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 Exeter 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 to contribute amongst others to pay the Sum of five Shillings towards the arraying and arming of others of able Bodies and wanting Ability to Array and Arm themselves And whereas we have received Information from the said Earl that the said William Pargiter hath not only in a wilful and disobedient Manner refused to pay the said Money assessed upon him towards so important a Service to the disturbance and hindrance of the necessary defence of this Kingdom but also by his ill example hath mis-led many others and as we have just cause to believe hath practiced 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 Persons of the said William Pargiter and Samuel Danvers and them safely to keep Prisoners till further order from this Board or until by due course of Law they shall be delivered Yet he the said Sir Robert Berkley being desired to Bail the said Pargiter and Danvers remitted them where they remained Prisoners till the Ninth of November last or thereabouts although the said Jenings Pargiter and Danvers on all and every the said returns were clearly Bailable by Law and the Council of the said Jenings Pargiter and Danvers offered in Court very sufficient Bail And he the said Sir Robert Berkley being one of the Justices of the Court of the Kings Bench denied to grant his Majesties Writs of Habeas Corpus to very many others 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
particular Trespasses upon the Law By Impositions and Taxes upon the Merchant in Trade by Burdens and Pressures upon the Gentry in Knighthood before they could Arrive at that Universal destruction of the Kingdom by Ship-mony which promised Reward and Security for all their former Services by doing the work of a Parliament to His Majesty in Supplies and seemed to delude justice in leaving none to judge them by making the whole Kingdom party to their oppression My Lords of this Crime these Three Judges seem to be at least equally guilty for however one of them my Lord Chief Baron is not charged with that Judgment in the Exchequer-Chamber against Mr. Hampden and how he fail'd in making his Conclusion from his own Premisses he only can inform you Your Lordships see how quickly he repented that that mischief was done without him there by his overtaking his Brethren in his Circuit and as he said of the vilest kind of flatterers Crudelissimo servitutis genere quod intra se abominabantur palam laudabant He made all possible haste to redeem himself from that imputation of Justice and declared publickly in the face of the Country that it was adjudged by all the Judges of England that Ship-mony was due to the King though I believe he will be now glad to be thought none of those Judges And what others did he well knew and thereupon Imprisoned a poor man for doing that which if Ship-mony had been due to his Majesty by Magna Charta had been lawful for him to have done Of the resolutions and judgment it self I am not to speak your Lordships have passed your noble judgment My Lords the first Charge in order is that presumptuous Decree against Mr. Rolls and others And in truth whatsoever gloss they put upon it is no other than a plain grant of the Subsidy of Tonnage and Poundage to His Majesty upon all Merchandise after their Goods seised for non-payment of that pretended duty the Proprietors brought Replevins which is the natural and genuine remedy appointed by Law in case of Property and grounded upon Property the Court Awards an Injunction to stay these Replevins the Goods were in the King's possession and no Replevin would lye against the King Truly my Lords the injustice here is not so scandalous as the fraud we all know a Replevin as no other suit lyes against the King if the Goods be in his own hands in his Bed-Chamber But to call a seifure by the Farmers of whose interest this Court will not deny the notice and if his Majesty had any right they well knew he had transferred it to these men or the Ware-houses of the Customers the King's possession to defeat the Subject of his proper remedy was the boldest piece of Sophistry we have met with in a Court of Law Pardon me if I am transported The Civilians say Tutor Domini loco habetur cum rem administrat non cum pupillum spoliat The Office of Judges is to preserve and give remedy for right here they found a right a known and unquestionable right yet instead of assisting took away the remedy to preserve that right What shall we call these Judges My Lords in this Argument I am not willing to say much 't is enough that your Lordships know Tonnage and Poundage is not a duty to the Crown but a Subsidy and so granted in subsidium sometimes pro una vice tantum sometimes for years and then ceased when the time did expire that when it was first granted for Life it was with this Clause Ita quod non trahatur in exemplum futuris Regibus But 't is abundantly enough that his Sacred Majesty cannot be tainted with the advices and judgments of these Men but looks on this duty singly as the meer Affection and Bounty of his Subjects the which no doubt he shall never want My Lords The next Charge is concerning Impositions Mr. Vassal's Goods are seised for not paying Impost which he conceived to be against Law he is Imprisoned and Judgment given against him without suffering him to be heard upon the point of Right because that had been heretofore judged in Bates's Case And yet these very Judges have not thought themselves so bound up by former judgments but that since this time they have argued a Case upon the same point which was adjudged in Hillary Term in the 15 Elizabeth and confirmed after by all the Judges of England in a Writ of Error in the 21 year of that Queen's Reign 't is Walsingham's Case however the same modesty seised them again in the Case of a Noble Lord not now present Whether the King without assent of Parliament may set Impositions upon the Wares and Goods of Merchants is no question it hath been more then once debated in Parliament and indeed whilst it was a question was fittest for a Parliament I will not trouble your Lordships long 't is now resolved and nothing new can be said in this Argument though I may have leave to say if the King can by his Letters Patents create such a right to himself and by a Legal Course recover that right under such a Title such Letters-Patents are in no degree inferiour to an Act of Parliament To reconcile such a power in the Prince and the property of a Subject that the one must not be destructive to the other will require a much greater a subtler understanding then I pretend to But my Lords I do not think the judgment in this point to be so great a Crime in these Judges as that they presumed to judge at all the matter had been long debated in Parliament undetermined and therefore not within the Conusance of an inferiour Court had it not been true that Fortescue says in his 36 Chapter of the Laws of England Neque Rex per se aut Ministros suos tallagia subsidia aut quaevis onera alia imponit c. sine concessione vel assensu totius Regni sui in Parliamento suo expresso c. If the Statute de Tallagio non concedendo If the 30 Chap. of Magna Charta and all the other Statutes to that purpose be not clear in the point they might easily have apprehended so much weight so much difficulty in the question especially since in all our Law-Books not so much as the word Imposition is found untill the Case in my Lord Dyer of 1 Eliz. fol. 163. that they might very well have suspected themselves to be no competent Judges for that determination and I hope by the experience of this Parliament the Judges will recover that Ancient modesty to believe that some Cases may fall out that may not be properly within their Jurisdiction in the Ninth year of Edward the second 't is in the Parliament Rolls It being found by an Office after the death of Gilbert de Clare Earl of Gloucester that his Sisters were his Heirs nisi Comitissa Glocestriae esset pregnans the question was Whether the King might grant
the Heirs their Livery in prejudicium impregnaturae This was conceived negotium novum difficile and the King having commanded the Chancellour and Judges to deliver their Opinions in writing they returned Quod non audebant dictum negotium definire nec Domino Regi consulere sine assensu magnatum propter raritatem difficultatem Whereupon day was given to the Parties ad proximum Parliamentum And your Lordships well know the special care that is taken by the Statute of 14 Ed. 3. cap. 5. that such matters as for the difficulty are not fit for the Judges or through eminent delay are not dispatched by the Judges shall be determined in Parliament Not such matters as the parties concerned had rather venture upon your Lordships judgments then upon the Rules and Proceedings of the Law God knows what mischief and confusion may fall out upon that admission there must be such difficulty such delay before that Statute meant your Lordships Justice should be concerned in the resolution I wish these Gentlemen had thought this business a matter of that difficulty as had been fit for such a delay My Lords We come next to the Charge concerning Knighthood Mr. Maleverer appears upon the Process of that Court pleads and submits to his Fine ponit se in gratiam Curiae The Barons refuse to impose any Fine they had no power to do that he must treat with certain Commissioners appointed for that purpose and compound with them Your Lordships have not met in the same Men such contradictions of Crimes who would suspect the same Men in one Charge to have the mettle to Usurp the Power and Exercise the Jurisdiction of the highest Court the Court of Parliament and presently to want the Spirit to do that which was so restrained and peculiar to their places to have done as that none else could do it They had no power to Fine as if the sole business of Sworn Judges in a Court of Law were to summon and call Men thither and then to send them on Errands to other Commissioners for Justice 'T is true the Commissioners of 1 Edw. 1. to Tiptoffe and Berk and since to others were and have been to compound with those who desired to compound not otherwise they had no power to compel any to fine any that trust by the Law was and is only in the Judges so that if this duty were aright to his Majesty and the Persons lyable refuse to compound for ought these Judges can do the King must lose this Duty they can impose no Fine only they have found a Trick which they call the Course of the Court to make his Majesty a saver appear while you will plead what you will submit to the mercy of the Court Issues shall go on still as if you did neither till you have done somewhat that Court will not order you to do nor is bound to take notice of when you have done your Lordships will help us out of this Circle And that you may see how incapable they are of any excuse in this point the very Mittimus out of Chancery gives them express Command amongst other things Vt fines omnium illorum qui juxta proclamationem predict ' ordinem ante predict ' diem suscepisse debuerunt capiatis c. 'T is only worth your Lordships observation this misfortune commonly attends and may it ever those absolute disused Rights that be the thing in it self in a degree lawful the Advisers and Ministers of it so fail in the Execution that as it usually proves as grievous to the Subject so by some Circumstances it proves as penal to the Instruments as if it were in the very nature of the thing against all the Laws of Government I have wearied your Lordships You see in what a dress of injustice subtilty and oppression I am very unwillingly compelled to present these Judges to you if they appear to your Lordships under any other Character of known and confessed learning in the whole course of their lives how far that will aggravate their fault your Lordships must only judge If under the excuse of Ignorance or not much Knowledge in the duty of their places your Lordships will easily conclude what infinite mischief of which your Lordships have no particular Information the Subjects of this Kingdom have suffered in their Lives in their Fortunes under such Ignorance and such Presumption If under the Reputation of Prudence and Integrity in all Cases except these presented to your Lordships your Lordships will be at least of the same opinion that he of Lacedemon was of the Athenians if they carried themselves well when time was and now ill they deserve a double punishment because they are not good as they were and because they are evil as they were not My Lords If the excellent envied Constitution of this Kingdom hath been of late distempered your Lordships see the Causes if the sweet harmony between the King's Protection and the Subjects Obedience hath unluckily suffered interruption if the Royal Justice and Honour of the best of Kings have been mistaken by his People if the Duty and Affection of the most Faithful and Loyal Nation have been suspected by their gracious Sovereign If by these misrepresentations and these misunderstandings the King and People have been Robbed of the delight and comfort of each other and the blessed Peace of this Island been shaken and frighted into Tumults and Commotions into the Poverty though not into the rage of War as a People prepared for Destruction and Desolation These the are Men Actively or Passively by doing or not doing have brought this upon us Misera servitus falsò pax vocatur ubi Judicia deficiunt incipit Bellum My Lords I am Commanded by the House of Commons to desire Your Lordships that these Three Judges may be speedily required to make their Answers to these Impeachments and that such further Proceedings may be had against them as the Course and Justice of Parliament will admit The ARTICLES were as followeth Articles of the House of Commons in the Name of themselves Articles of Impeachment against Judge Davenport July 6 1641. and of all the Commons of England against Sir Humphrey Davenport Knight Lord Chief Baron of His Majesties Court of Exchequer Impeaching him as followeth THat whereas in the Month of October in the fourth Year of His Majesties Reign the Farmers and Officers of the Custom-House having seized great Quantities of Currants being the Goods of Samuel Vassal Merchant and having conveyed them into certain Store-Houses at the Custom-House and detained them because the said Samuel Vassal refused to pay an Imposition of five Shillings six Pence upon every hundred weight of the said Currants pretended to be due upon and demanded by the said Farmers and Officers on his Majesties behalf for the said Currants whereas no such Imposition was due or payable for the same but the said Imposition was and is against the Laws of this Realm And whereas also in
Court refuse to impose any Fine whatsoever upon the said James Maleverer and told him that the said Court had no Power to Fine him and that he must compound with certain Commissioners for that purpose appointed And did farther order and direct several other Writs of Distringas to issue forth of His Majesties said Court of Exchequer under the Seal of the said Court directed to the several High Sheriffs of the said County of York whereby the said Sheriffs were commanded further to distrain the said James Maleverer to appear as aforesaid upon which said Writs of Distringas several great and excessive Issues were returned upon the Lands of the said James Maleverer amounting to the Summ of two Thousand Pounds or thereabouts a great part whereof the said James Maleverer was inforced to pay and in like manner the said Sir Humphrey Davenport together with the rest of the then Barons of the said Court of Exchequer did order and direct such and the like unjust and undue Proceedings and the said Proceedings were had and made accordingly against Thomas Moyser Esquire and against several other Persons His Majesties Subjects in several Parts of this Realm to the utter undoing of many of them 2. That a Sentence of Degradation being given by the High Commissioners of the Province of York against Peter Smart Clerk one of the Prebends of the Church of Durham for a Sermon by him formerly Preached against some Innovations in the Church of Durham a Tryal was afterwards had viz. in August in the seventh Year of his said Majesties Reign before the said Sir Humphrey Davenport Knight then one of the Judges of Assizes and Nisi prius for the County Palatine of Durham concerning the Corps of the Prebend of the said Master Smart which was then pretended to be void by the said Sentence of Degradation the said Sir Humphrey Davenport contrary to his Oath and contrary to the Laws of this Realm and to the destruction of the said Master Smart upon reading the Writ de haeretico comburendo did publickly on the Bench in the presence of divers His Majesties Subjects then attending declare his Opinion to be That the said Prebends Place was void and gave directions to the Jury then at Bar to find accordingly and being then informed that although the said Master Smart had been dead or deprived yet the Profits of his Prebend had been due to his Executors till the Michaelmas following the said Sir Humphrey Davenport then answered That though the said Master Smart was not dead Yet if he had his desert he had been dead long ago for he deserved to have been hanged for the said Sermon and that he was as wicked a Man as any lived in the World call him no more Master Smart but plain Smart And when the said Jury had found against the said Master Smart the said Sir Humphrey Davenport in scandal of His Majesties Government and Justice and of the Proceedings of His Majesties Judges did publickly as aforesaid speak Words to this effect That the said Jury had well done and that the said Smart had no remedy save by appeal to the King and there he should find but cold Comfort for the King would not go against his own Prerogative upon which the Judges and High Commissioners did depend and therefore would not contradict one anothers Acts. That the said Sir Humphrey Davenport about the Month of November Anno Dom. 1635. then being Lord Chief Baron of his Majesties Court of Exchequer 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 subscribed his Name to an Opinion in haec verba I am of Opinion That as where the benefit doth more particularly 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 Judg there the Charge of the Defence ought to be borne by all the Realm in general this I hold agreeable both to Law and Reason That in or about the Month of February Anno Dom. 1636. the said Sir Humphrey Davenport then being Lord Chief Baron of the said Court of Exchequer subscribed an extrajudicial Opinion in Answer to Questions in a Letter from His Majesty ut supra in the Articles against Judge Bramston and Judge Berkley That whereas an Action of Battery was brought by one Richard Legge against Robert Hoblins to which the said Hoblins pleaded Justification de son assault de mesme and the said Cause came to Tryal at the Assizes holden for the County of Gloucester in Summer An. 1636. before the said Sir Humphrey Davenport then one of the Justices of Assize and Nisi prius for that County At the said Tryal the said Robert Hoblins did begin to make proof of his said Justification and produced one Robert Tilly a Witness in the Cause who proved upon Oath that the said Richard Legge did make the first Assault upon the said Robert Hoblins and that the occasion thereof was that the said Richard Legge and others came upon the Lands then in Possession of the said Hoblins and did take and drive away eighteen Cows of the said Hoblins pretending they had a Warrant from the Sheriff to distrain the same for forty Shillings assessed upon the said Hoblins for Ship-Money And when the said Hoblins being present endeavoured to hinder the said Legge and others from taking away his said Cattel the said Legge strook the said Hoblins with a Staff who after defended himself That upon the opening of the Matter the said Sir Humphrey Davenport would not suffer the said Hoblins to produce any more Witnesses on his behalf though the said Hoblins desired that other of his Witnesses then present and sworn might be heard nor his Councel to speak for him but being informed that the said Hoblins when Ship-Money was demanded of him answered that he would not pay the same because it was not granted by Parliament the said Sir Humphrey Davenport did then openly in the hearing of a great number of His Majesties Liege People then assembled and attending the Court in great Passion reprove the said Hoblins and told him that the King was not to call a Parliament to give him satisfaction and did then and there also falsly and of purpose to prevent His Majesties loving Subjects from the due and ordinary course of Law and contrary to his Oath and the Laws of the Realm Publish Declare and affirm that it was adjudged by all the Judges of England that Ship-money was due to the King and directed the Jury Sworn in that cause to find a Verdict for the said Richard Legge And the said Jury did accordingly and gave him twenty Pound damages And the said
be made acquainted by the Lords of the Council why they Committed and therefore Remitted him And in Michaelmass Term after the said Jenings being brought by another Habeas Corpus as aforesaid and the same returned yet he the said Sir John Brampston refused to Discharge or Bail him but remitted him And in Easter Term next after several Rules for His Majesties Council to shew cause why he the said Jenings should not be Bailed a fourth Rule made for the said Jenings to let His Majesties Attorney have notice which notice was given accordingly yet he remitted him And the said Jenings by another Habeas Corpus brought to the Barr as aforesaid in Trinity Term after and the same return with the addition of a new Commitment of the fourth of May 1638. suggested that he the said Jenings had used divers scandalous words in derogation and disparagement of his Majesties Government After several Rules in the end of the said Trinity Term he again remitted him to Prison And he the said Sir John Brampston about the ninth of July after at his Chamber in Serjeants-Inn being desired by Mr. Meawtis one of the Clerks of the Council-Board to discharge the said Jenings for that he the said Jenings had entred into a Bond of 1000 l. to appear before the Lords of the Council the next Michaelmas Term after and to attend de die in diem yet the said Sir John Brampston refused to discharge the said Jenings until he entred into Recognisance to appear the next Term and in the mean time to be of his good behaviour And the said Jenings was continued on his said Recognisance till Easter Term after And the said Sir John Brampston did on the fifth of June 1640. deferr to grant His Majesties Writ of Habeas Corpus for Samuel Danvers and William Pargiter Esquires Prisoners in the Gate-House and in the Fleet and when he had granted the said Writ the said eighth Day of June after the return being the Order of the Council-Table not expressing any cause he the said Sir John Brampston deferred to Bail the said Pargiter And the eighteenth of June after made a Rule for a new return to be received which was returned the five and twentieth of the said June in haec verba Whereas His Majesty finding that His Subjects of Scotland have in Rebellious and Hostile manner Assembled themselves together and intend not only to shake off their obedience unto His Majesty but also as Enemies to Invade and Infest this His Kingdom of England to the danger of His Royal Person c. For prevention whereof His Majesty hath by the Advice of His Council-Board given special Commandment to all the Lord Lieutenants of all the Counties of this Realm with expedition to Arm and Array a certain number of able Men in each County to be prepared ready to be conducted to such places as should be appointed for their Rendezvouz in their several and respective Counties there to be conducted and drawn together in a Body for this Service And whereas His Majesty according to the Laws and Statutes of this Realm and the constant Custom of His Predecessors Kings and Queens of this Realm hath Power for the defence of this Kingdom and resisting the Force of the Enemies thereof to grant forth Commissions under His great Seal to such fit Persons as he shall make choice of to Array and Arm the Subjects of this Kingdom and to compel those who are of able Body and of able Estates to Arm themselves and such as should not be able of Bodies but of Ability in Estate to Assess them according to their Estates to contribute towards the charge of Arraying and Arming others able of Body and not being able in Estate to Arm themselves And such Persons as should be contrariant to commit to Prison there to remain untill the King should take further order therein And whereas the Earl of Exceter by vertue of His Majesties Commission to him directed for the Arraying and Arming of a certain number of Persons in the County of Northampton hath assest William Pargiter being a Man unfit of Body for that Service but being of Estate and Ability fit to contribute amongst others to pay the Summ of five Shillings towards the Arraying and Arming of others of able Bodies and wanting Ability to Array themselves And whereas we have received Information from the said Earl that the said William Pargiter hath not only in a willful and disobedient manner refused to pay the said Money assessed upon him towards so Important a Service to the disturbance and hinderance of the necessary defence of this Kingdom but also by His ill example hath misled many others and as we have just cause to believe hath practised to seduce others from that ready obedience which they owe and would otherwise have yielded to His Majesties just command for the publick defence of His Person and Kingdom which we purpose with all convenient speed to enquire further of and examin These are therefore to will and require you to take into your Custody the Person of the said William Pargiter and him safely to keep Prisoner till further Order from this Board or untill by due Course of Law he shall be delivered And the like return was then made in all things mutatis mutandis concerning the said Danvers for not paying a Summ of Money assessed upon him Yet he the said Sir John Brampston deferred to Bail the said Danvers and Pargiter but remitted the said Danvers to the Fleet where he remained till the 12 of July 1640. and the said Pargiter to the Gate-House where he remained till the Ninth of November last although the said Jenings Danvers and Pargiter upon all and every the said Returns ought to have been discharged or bailed by Law and the Councel of the said Jenings Danvers and Pargiter offered in Court very sufficient Bail And he the said Sir John Brampston being Chief Justice of the Court of Kings-Bench denyed to grant His Majesties Writ of Habeas Corpus to very many other His Majesties Subjects and when he had granted the said Writs of Habeas Corpus to very many others His Majesties Subjects and on the return no Cause appeared or such Cause only as was clearly bailable by Law yet he remanded them where they remained Prisoners very long which said deferring to grant the said Writs of Habeas Corpus and refusals and delays to discharge Prisoners or suffer them to be Bailed contained in this Article are destructive to the Fundamental Laws of this Realm and contrary to former resolutions in Parliament and to the Petition of Right which said Resolutions and Petition of Right were well known to him the said Sir John Brampston 4. That whereas there was a Cause depending in the Court Christian at Norwich between Samuel Booty Clerk and Collard for two Shillings in the Pound for Tythes for Rents of Houses in Norwich and the said Collard moved by his Councel in the Court of Kings-Bench
and Commons Is not this an offence punishable out of Parliament Answer We conceive this also to be an Offence punishable out of Parliament Quere VII If Two or Three or more of the Parliament shall Conspire to defame the King's Government and to deter his Subjects from Obeying or Assisting the King Of what nature this Offence is Answer The Nature and Quality of this Offence will be greater or lesser as the Circumstances shall fall out upon the Truth of the Fact Quere VIII Can any Priviledge of the House Warrant a Tumultuous Proceeding Answer We humbly conceive That an earnest though a disorderly and confused proceeding in such a Multitude may be called Tumultuous and yet the Priviledge of the House may Warrant it We in all humbleness are willing to satisfie Your Majesties Command but until the Particulars of the Fact do appear we can give no directer Answers then before And particularly as to the Second Quere about the King's Power of Adjourning as well as Calling and Dissolving of Parliaments these following Parliamentary Precedents were given in Mercur. 4. Aprilis 1. Jac. Sess 1. Mr. Speaker pronounceth His Majesties Pleasure of Adjourning the House till 11th Parliamentary Presidents about Adjournments by the King of April and it was so done Jovis 18. Dec. 1606. The Lords by their Messengers signified the King's Pleasure that the Session should be Adjourned till the 10th of February following Upon this Message Mr. Speaker Adjourned the House according to His Majesties said Pleasure Martis 31. Martii 1607. The Speaker delivered the King's Pleasure that the House should be A journned till Munday 20. April following Mercurii 20. Maii 1607. Mr. Speaker signified the King's Pleasure about Nine a Clock to Adjourn the House till the 27th of the same Month. And 27th of May he being Challenged for Adjourning without the Privity of the House he excuseth it and saith as the House had power to Adjourn themselves so the King had a Superior Power and by His Command he did it Veneris 30 Martii 1610. His Majestie 's Pleasure to Adjourn from Tuesday till Munday Sevenight 11. July The King by Commission Adjourneth the Lords House Messengers sent to the Commons They send by Messengers of their own to the Lords that they use to Adjourn themselves The Commission is sent down Mr. Speaker Adjourneth the House till the first of August 26. Febr. 4. Car. Mr. Speaker signifieth His Majestie 's Pleasure that the House be presently Adjourned till Munday next and in the mean time all Committees and other proceedings to cease And thereupon Mr. Speaker in the Name of the House Adjourned the same accordingly And for a short Account of this Affair take this out of Crook's Reports Cro. 3. Part The King versus Sir John Elliot Denzill Hollis and Benjamin Valentine fol. 181. Hill Term. 5 Car. AN Information was exhibited against Sir John Elliot Sir John Elliot's Case c. about the business 3 Car. out of Crook's Reports Denzil Hollis and Benjamin Valentine by the Attorney General c. To which the Defendants appearing pleaded to the Jurisdiction of the Court That the Court ought not to have Conusance thereof because it is for Offences done in Parliament and ought to be there Examined and Punished and not elsewhere It was thereupon demurred and after Argument adjudged That they ought to Answer for the Charge is for Conspiracy Seditious Acts and Practices to stop the Adjournment of Parliament which may be examined out of Parliament being Seditious and Unlawful Acts and this Court may take Conusance and punish them Afterwards divers Rules being given to Plead and they refusing Judgment was given against them viz. Against Sir John Elliot that he should be committed to the Tower and should pay Two Thousand Pounds Fine and upon his Inlargement should find Sureties for his Good Behavior And against Hollis That he should pay a Thousand Marks and should be Imprisoned and find Sureties c. And against Valentine That he should pay Five Hundred Pound Fine be Imprisoned and find Sureties Note That afterward in the Parliament 17 Car. It was resolved by the House of Commons That they should have Recompence for their Damages Losses Imprisonments and Sufferings sustained for the Services of the Common-Wealth in Parliament of 3 Car. Note In the Session of Parliament Anno 19 20 Car. 2. a Motion was made by a Commoner to have this and some other like Resolutions expunged out of our Law-Books that Students might not be poysoned therewith and a Committee was accordingly appointed to inspect them And accordingly upon Report made by Mr. Vaughan from the Committee about freedom of Speech in Parliament it was Resolved among other Votes That the Judgment given 5 Car. against Sir John Elliot c. in the Kings-Bench is an Illegal Judgment and against the Freedom and Priviledg of Parliament The Concurrence of the Lords was desired and their Lordships Concurred with the Commoners Upon the Petition of Commissary Wilmot and Colonel Ashburnham Commissary Wilmot and Colonel â—shburnham Bailed it was Resolved c. That Commissary Wilmot and Colonel Ashburnham shall be bailed in the same manner that Captain Pollard was Resolved c. That a Warrant shall issue under Mr. Speaker's hand to the Lieutenant of the Tower to deliver them into the Serjeant's hand It was further Ordered That Colonel Goring Commissary Wilmot and Colonel Ashburnham shall not offer any violence one to another Colonel Goring being present in the House promised to observe the Injunction and Commissary Wilmot and Colonel Ashburnham were ordered to give satisfaction to the House under their hands that they will observe this Command of the House Upon his Petition it was likewise Ordered That Mr. Mr. William Davenant Bailed William Davenant should be bailed upon such Security as the House shall allow of Dudley Smith Esq and William Champneys Esq Sewers to the King were also admitted to Bail 2000 l. the Principals and 1000 l. the Sureties William Williams was this day called in to Answer the Breach of Priviledge committed in entring upon the Freehold of the Lord Bishop of Lincoln Breach of Priviledge and disquieting the possession of his Lordships Lands in Carnarvan-shire The said Williams consess'd he had entred upon the Lands of the Lord Bishop of Lincoln at May last was Twelve Months The House thought fit to Release him upon Bail Then Johannes Maynard Mil ' Balniae Single Bail taken in the Lords House Recogn ' se debere Domino Regi ducent ' libras levari ad usum Domini Regis ex Terris Tenementis Catallis The Condition of the abovesaid Recognizance is That if William Williams shall appear before the Lords in Parliament and abide the Order of Parliament then this Recognizance is void or else it is to remain in full Power and Force This day there was a Conference between the Lords and Commons concerning the Case of the Palatinate and the King 's Manifesto
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
be taken of the proceedings of the several Sheriffs as also the Treasurer of His Majesties Army and of the Treasurer appointed by the Act and of their obedience and conformity to this Order and if any shall fail therein it shall be Interpreted as a great neglect of the safety of the Kingdom and contempt of both Houses of Parliament for which they shall be called to answer and make satisfaction as well for their offence as for such damage as the Common-wealth hath undergone by their default There came Letters also this day That the Scotch Army Wednesday August 25. were marched away and that his Majesty had prevailed with the Parliament of Scotland that their Ordnance and Ammunition should be left at Newcastle to be conveyed to London or some other Magazine There was this day a Debate in the Commons House about Disbanding the Officers of the Army who are about the Town and after that concerning the Pay due to Commissary Wilmot Coll. Ashburnham Mr. Percy c. Upon which it was Resolved That their Pay should for the present be stopped Whereupon Mr. Selden stood up and spoke in mitigation of their faults Conceiving them as he said not only acquitted but pardoned by the Act of Pacification which was an Act of Pardon But to this it was answered That that Act concerned only the Differences between the Two Kingdoms and not the Offences of particular persons for that if it did the Archbishop of Canterbury and other Delinquents could not be proceeded against This day the Lord Mayor of London having Petitioned the House of Lords and attending there he was called in Lord Major of London Petitions the Lords and the Recorder desired to be heard in the behalf of the Lord Mayor and Aldermen touching the Order made lately by this House concerning the Election of one of the Sheriffs of London which he said concerned very much the Government of that City and likewise to acquaint their Lordships with some of the things which will ensue as inconveniencies to the City thereupon Upon this the Major and Recorder and others were commanded to withdraw and this House taking the same into Consideration Resolved to hear them in any thing which concerns the good Government of the City or any grievances which are likely to grow upon the City by other Occasions but not to hear them to speak any thing to arraign the Orders of this House The Petition of the Mayor c. was read among other Complaints sets forth That they doubt the Commons of the said City will throw off the Government of the Common-Council which tends much to the Peace and Wellfare of the City Then the Lord Mayor Aldermen and Recorder were called in again and the Lord Keeper told them That their Petition hath been read and that their Lordships conceive their Order to be very just and no ways prejudicial to either side it being with a saving of both Rights therefore will hear nothing to arraign it As for the Government of the City the Lords are very careful of it and Command the Lord Mayor c. to be so likewise And for the Common-Council their Lordships do let them know That they are resolved to maintain it as tending much to the well and quiet Government of the City and when the particular matters of Difference between them and the Commons shall appear this House will do what they can to settle the differences between them Thus did every thing run swiftly down the Torrent against not only the Monarchy but even the Image of it the Popular humor and inclination to Popular Government being grown Predominant and the Epidemical Disease both in the Church and State THe Lord Bishop of Lincoln Reported the Conference about the state of the Navy The Conference about the State of the Navy Aug. 26. 1641. That the House of Commons have taken into their Consideration the Present State of the King's Navy and they find that many Ships are laid by and twelve no Vse is to be made of them also they find that the Arrears of the Officers of the Navy are very great and the Provisions of the Magazines decayed That for the Guarding of the Narrow Seas this Year the House of Commons set forth Ten of the King's Navy and Ten Merchants Ships the Charge whereof will amount to 59000 l towards the Payment whereof there is only advanced 12000 l. out of the Money granted to the King for Tonnage and Poundage And considering that the Sea-men when they come home will Expect their pay and are to remain in their Pay until they receive their Wages which will grow to an Excessive Charge unless some Course be taken for providing of the said 57000 l. For defraying of which Sum and for discharging of other Charges of the Navy the House of Commons are of Opinion and desire this House to joyn with them in it That the Commissioners of the Treasury do issue out Warrants to the Farmers of the Custom-House to pay 15000 l. a Month to the Treasurers of his Majesties Navy out of the Money received for Tonnage and Poundage towards the raising the aforesaid Sums the time to begin from the First day of August 1641 to the First day of December next and that some Member of this House be joyned with Two of the House of Commons to see this done in the time of the Recess And further the House of Commons desires that the Lord General may receive Directions to give Order to the Governor of Barwick to ship the Ordnance and Ammunition there in such Ships as shall be appointed to bring them to the Tower of London and the like Warrant to be given to the Governor of Carlisle to bring the Ordnance and Ammunition from Carlisle to Newcastle to be Shipped for the Tower which Ships are to be Wafted by one of his Majesties Ships Hereupon it was Ordered That this House doth joyn with the House of Commons herein A Letter was also this day Read which was drawn up by the Select Committees of both Houses to be sent to the Lord General in these Terms May it please your Excellency I Presented your Letters of the 23d of August to the House of Peers The Letter to the Lord General about the 9 Counties paying Poll-Money at York to finish the Disbanding by which they understand what progress your Excellency hath made in Disbanding the Army wherein your diligence hath prevented the time propounded in your former Letter and I am commanded to declare that in their apprehension your Excellency hath hereby fully and clearly expresed your care of the Publick Good and Safety of the Kingdom and your respect to the House which works in them much contentments and yields a great return of Honor to your self as nothing can be dearer to the Parliament than the Publick Good so your Excellency can in no way more advance your self in their Estmmiation then by joyning with them in that affection The Reason
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
the performance hereof their Pleasure is That you should continue there to wait upon his Majesty till you receive further direction or that his Majesty be pleased to come away for England Instructions of the Lords and Commons in Parliament to the Committees of both Houses now Attending his Royal Majesty in Scotland I. YOU shall acquaint his Majesty Additional Instructions to the Committee in Scotland That by your Advertisement both Houses have taken Notice of the Examinations and Confessions taken in the Parliament of Scotland concerning a malicious design affirmed to be undertaken by the Earl of Craford and others against the Persons of the Marquiss of Hamilton the Earls of Argyle and Lannerick having taken the same into Consideration they have good Cause to doubt That such ill-affected persons as would disturb the Peace of that Kingdom are not without some malicious Correspondence here which if those wicked Purposes had taken Effect in Scotland would have been ready to attempt some such mischievous Practices as might produce Distempers and Confusions in this Kingdom to the Hazard of the Publique Peace for prevention whereof they have given Order for strong Guards in the Cities of London and Westminster * The Debate about the Remonstrance of the State of the Kingdom in order to their possessing themselves of the Militia was many Weeks before in the House only this was a fair occasion for the attempt and have resolved to take into their Care the Security of the rest of the Kingdom II. You shall further declare to his most Excellent Majesty That the States of his Parliament here do hold it a matter of great Importance to this Kingdom That the Religion Liberty and Peace of Scotland be preserved according to the Treaty and Articles agreed by his Majesty and confirmed by Act of Parliament of which they are bound to be careful not only by Publique Faith in that Treaty but by their Duty which they ow to his Majesty and this Kingdom because they hold it will be a great means of preserving Religion Liberty and Peace in England Ireland and his Majesty 's other Dominions and the Union of all his Loyal Subjects in maintaining the Common good of all will be a sure Foundation of Honor Greatness and Security to his Royal Person Crown and Dignity wherefore they have resolved to Employ their Humble and Faithful Advice to his Majesty the Power and Authority of Parliament and of this Kingdom for Suppressing of all such as by any Conspiracy Practice or other Attempts shall endeavour to disturb the Peace of Scotland and to infringe the Articles and the Treaty made betwixt the Two Kingdoms III. You shall likewise inform the King That whereas Orders have been given by his Majesty with the Consent of Parliament for the Disbanding the Garrisons of Carlisle and Berwick the first whereof is already wholly disbanded and all the House and Eight Companies of Foot sent out of Berwick and only Five Companies remaining which likewise should have been disbanded at or before the 15th of this Month if they had not been stayed by his Majesties Command signified to Sir Michael Ernley Lieutenant Governor according to direction in that behalf and whereas by Order of Parliament Ships have been sent for the Transporting his Majesties Munition Ordnance and other Provisions in that Town and the Holy Island all which have been of very great Charge to the Commonwealth the Commons now Assembled in Parliament have declared That they intend to be at no further Charge for the longer stay and Entertainment of those Men or for the Demurrage of the Ships if by occasion of this direction they be kept out longer than was agreed upon Ordered That Mr. Speaker do write a Letter to Mr. Secretary Vane that in case the Committee of both Houses be come out of Scotland before the Letter and Instructions now to be sent can be delivered there unto them that then he shall he desired by this House to present the same unto his Majesty Saturday Octob. 23. Order for the Bishops impeached to have Councel This day upon the humble Request of the Bishop of Rochester on his own behalf and the rest of the Bishops which are impeached by the House of Commons before their Lordships concerning the late Canons c. It is Ordered That Mr. Serjeant Jerman Mr. Herne Mr. Chute and Mr. Hales being publiquely named in this House by the said Bishop and approved of by the House shall be assigned to be of Counsel with the Bishops that are impeached With this Proviso nevertheless That if any of the said Counsel shall upon just Cause desire to be Excused here and the House approve of the said Excuse That then he or they shall not be compelled to be of the said Bishops Councel as aforesaid The Commons being met there was a Report made of certain Troopers who had made a disturbance about a Tavern-Reckoning and the Guard in the Pallace-Yard being called to quiet them they fell upon them and cut the Drum but being taken and committed to Custody and one of them saying in Bravado That there were a thousand of them about the Town who if they were there would help them and make the Pallace too hot for the Guards they were Ordered to be sent to the Lords Bar to receive their Censure for this Misdemeanor But it struck such a fear into some of the Members of the Commons House that they immediately Voted what they had so often denied the King though his Word and Honor were engaged to the Spanish Ambassador to let him have some of the disbanded Troops for it was Votes to let the disbanded Soldiers past beyond Sea Resolved c. That the House is of Opinion and holds fit that Orders should be sent to the Officers of the several Ports requiring them to permit all such Soldiers of the late disbanded Army as shall desire it to pass beyond the Seas provided that they take such Oaths and perform such other Duties as are usually required according to the Laws Resolved c. That this House is further of Opinion and holds it fit That such other Soldiers of the late disbanded Army as are Strangers and not Subjects or Natives of this Kingdom shall have liberty to pass out of this Kingdom and to receive Entertainment of any Forreign Prince Sir Gilbert Gerrard carries up the Bill for dissabling all Persons in Holy Orders to exercise any temporal Jurisdiction or Authority and acquainted the Lords That the House of Commons desired there might be all speed in the passing of it for it much concerns the good of the Common-Wealth The Lord General Thanks given to the L. General by the House of Lords the Earl of Holland being now returned and having at a Conference given an Account of the disbanding of the Army It was Ordered by the Lords That this House gives Thanks to the Earl of Holland late Lord General of his Majesties Army in the North for
Councel for his necessary Defence in Point of Law which may happen upon the Matter of High Treason of which he is impeached and in Point of Law and Fact upon the Matters of Misdemeanors of which he is Impeached That for the few Daies until the time of his Tryal he may remain in the Custody of the Sheriff of London where he hath remained a true Prisoner for almost three Quarters of a Year in whose House all his Collections and Papers are for his Defence And that he may have your Lordships License to go with a Keeper to Serjeants Inn to look out some Papers which he hath there and shall have Occasion to produce at his Tryal as also there to Confer and Advise with such Councel as your Lordships shall please to admit or Assign unto him And your Petitioner according to his bounden Duty shall allways pray for the continuance of your Lordships Honor and Happiness c. The Names of such Councel as your Petitioner most humbly desires are The Princes Attorney Mr. Recorder of London Mr. Herne Mr. Thorp Mr. Fountain Mr. Bierley Mr. Lightfoot Mr. Brome Subscribed Robert Berkley Before the House resolved of any Answer herein The Bishops withdraw being a mixt Charge the House was Adjourned into a Committee to consider whether the Bishops should not withdraw during the Agitation of this Business it being a mixt Charge of Treason as well as Misdemeanor after a long Debate the House was resumed and it was agreed That the Matter of Treason should be first Ordered at which the Bishops are to withdraw and when the Matter of Misdemanor come into Agitation they are to come into this House again to their Places Hereupon the Bishops withdrew themselves and after a long Debate it was Ordered That Mr. Justice Berkley shall have a Warrant for to bring such Witnesses as he shall have Occasion for to testifie for him at his Trial in Matters of Misdemeanors but not in Matters of Treason Then the Lords the Bishops were called in and the Lord Keeper declaring unto them the Sense of this Order they gave their Consents thereunto And further it was Ordered That the Princes Attorney Mr. Recorder of London Mr. Herne Mr. Bierly Mr. Thorp shall be assigned of Council for Mr. Justice Berkley in Point of Law which may happen upon the Matter of Treason and in Point of Law and Fact upon the Matters of Misdemeanor at his Trial the second of November next And that the said Justice Berkley shall still remain in the Custody of George Clerk Esquire one of the Sheriffs of the City of London where he is now and that he have Liberty to go to Serjeants Inn in Fleet Street one Day when he shall think good with his Keeper to look out some Papers which he hath there and shall have Occasion to use at his Tryal Then Mr. Justice Berkley was called in and the Lord Keeper pronounced the aforesaid Order to him for which he gave their Lordships most humble Thanks Mr. Warwick Reports Five Conge de Estires for new Bishops to be petitioned to be stayed That there were Directions given from his Majesty for the drawing up of Five Conge d' Eslires for the making of Five New Bishops viz. Dr. Prideaux Dr. Brownrick Dr. Holdsworth Dr. Winniff and Doctor King Upon which Mr. Strode moves the House to send up a Message to the Lords to desire them to joyn in Petitioning his Majesty for the staying the making of these new Bishops till the Charge against the other Bishops was dispatched This day Information was given into the House of Lords that since the Act for bounding the Forrest many Riots were committed upon the occasion of killing of Deer pretending they were not within the Bounds of the Forrest and that in Oxfordshire in one of those Fraies a Keeper was killed It was also moved that the Bill for disabling Persons in Holy Orders from exercising Temporal Jurisdiction might not be read at present it having been voted against as to the Substance in a former Bill this Sessions but it was Ordered to be read a second time to morrow Morning peremptorily Mr. Pym Reports the Reasons for Excluding the Thirteen Bishops Wednesday October 27 in Order to the delivering them at a Conference with the Lords and desires that Mr Solicitor may have the mannaging of the Business On the other Side Mr. Solicitor excused himself and desired that Mr. Pym might manage it whereupon it was to end the Contest Ordered That Mr. Pym and Mr. Solicitor should have the mannaging of the whole Business concerning the Bishops and accordingly they did so at a Conference with the Lords upon this Subject The Lord Privy Seal Reported the Conference yesterday with the House of Commons concerning Bishops viz. Mr. Mr. Pym's Speech at the Conference about Excluding the Bishops from Voting in the Case of the 13 Bishops impeached Oct. 27. 1641. Pym declared from the House of Commons That there is nothing of greater importance to the safety and good of the Kingdom then that this High Court of Parliament which is the Fountain of Justice and Government should be kept pure and uncorrupted from Corruption free from Partiality and by-respects this will not only add Lustre and Reputation but Strength and Authority to all our Actions Herein he said your Lordships are specially interessed as you are a Third Estate by Inheritance and Birth-right so the Commons are publickly interessed by Representation of the whole Body of the Commons of this Kingdom whose Lives Fortunes and Liberties are deposited under the Custody and Trust of the Parliament He said The Commons have commanded him and his Colleague Mr. Solicitor General to present to your Lordships two Propositions which they thought very necessary to be observed and put in Execution at this time 1. That the 13 Bishops which stand accused before your Lordships for making the late pretended Canons and Constitutions may be Excluded from their Votes in Parliament 2. That all the Bishops may be suspended from their Votes upon that Bill intituled An Act to disable all Persons in Holy Orders to exercise any Jurisdiction or Authority Temporal The first of these is committed to his Charge and he said he was commanded to support it with three Reasons First That the 13 Bishops have broken that Trust to which every Member of Parliament is obliged which Trust is to maintain 1. The Prerogative of the King 2. The Priviledge of Parliaments 3. The Propriety of the Subject 4. The Peace of the Kingdom And this Trust they have broken not by one Transient Act but by setting up Canons in Nature of Laws to bind the Kingdom for ever That the Canons are of this Nature appears by the Votes of both Houses and that they were all Parties to the making thereof appears by the Acts of that Synod The Book it self the Commons cannot tender to your Lordships because they sent for it but he that hath the Book in Custody
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
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
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
Brown Thomas Bourk Esquires Vlster Sir William Cole Sir James Montgomery The Remonstrance was as followeth addressed first to the L. Deputy Wendesford The humble and just Remonstrance of the Knights Citizens and Burgesses in Parliament Assembled Shewing THat in all Ages since the happy subjection of this Kingdom to the Imperial Crown of England The Irish Remonstrance it was and is a principal study and Princely Care of his Majesty and his most noble Progenitors Kings and Queens of England and Ireland to the vast Expence of Treasure and Blood That their Loyal and Dutiful People of this Land of Ireland being now for the most part derived from Brittish Ancestors should be governed according to the Municipal and Fundamental Laws of England That the Statute of Magna Charta or the Great Charter of the Liberties of England and other laudable Laws and Statutes were in several Parliaments here Enacted and Declared that by the means thereof and the most Prudent and Benign Government of his Majesty and his Royal Progenitors this Kingdom was until of late in its growth a flourishing Estate whereby the said People were heretofore enabled to answer their humble and natural Desires to comply with his Majesties Princely and Royal Occasions by their free gift of 150 Thousand pounds sterling And likewise by another free gift of 120 Thousand pounds more during the Government of the Lord Viscount Faulkland and after by the gift of 40 Thousand pounds and their free and cheerful gift of Six intire Subsidies in the Tenth Year of his Majesties Reign which to comply with his Majesties then Occasions signified to the then House of Commons they did allow should amount in the Collections unto a Hundred and fifty Thousand pounds although as they confidently believe if the Subsidies had been levied in a moderate Parliamentary way they would not have mounted to much more than half the Sum aforesaid besides the Four intire Subsidies granted in this present Parliament So it is may it please your Lordship by the occasion of infuing and other Grievances and Innovations though to his Majesty no considerable Profit this Kingdom is reduced to that Extream and Universal Poverty that the same is less able to pay Two Subsidies than it was heretofore to satisfie all the before-recited great Payments and his Majesties most Faithful People of the Land do conceive great Fears That the said Grievances and Consequences thereof may be hereafter drawn into Presidents to be perpetuated upon their Posterity which in their great hopes and strong belief they are perswaded is contrary to his Royal and Princely Intention towards his said People of which Grievances are as followeth 1. First The general apparent decay of Trades occasioned by the new and illegal raising of the Book of Rates and Impositions upon Native and other Commodities Exported and Imported by reason whereof and of extream Usage and Censures Merchants are beggered both and dis-inabled and discouraged to Trade and some of the Honorable Persons who gain thereby often Judges and Parties And that in the conclusion his Majesties Profit thereby is not considerably advanced 2. The Arbitrary decision of all Civil Causes and Controversies by paper Petitions before the Lord Lieutenant and Lord Deputy and infinite other Judicatories upon references from them derived in the nature of all Actions determinable at the Common Law not limited into certain time cause season or thing whatsoever And the consequences of such exceeding by immoderate and unlawful Fees by Secretaries Clarks Pursivants Serjeants at Arms and otherwise by which kind of proceedings his Majesty looseth a considerable part of his Revenue upon original Writs and otherwise and the Subject looseth the benefit of his Writ of Error Bill of Reversal Vouchees and other Legal and just advantages and the ordinary course and Courts of Justice declined 3. The proceedings in Civil Causes at Council Board contrary to the Law and Great Charter not limited to any certain time or season 4. That the Subject is in all the material parts thereof denyed the benefit of the Princely graces and more especially of the Statute of Limitations of 21 Jac. Granted by his Majesty in the Fourth year of his Reign upon great advice of Council of England and Ireland and for great consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdom in open Assizes whereby all persons do take notice That contrary to his Majesties Pious Intentions his Subjects of this Land have not enjoyed the benefit of his Majesties Princely Promise thereby made 5. The Extrajudicial avoiding of Letters Patents of Estates of a very great part of his Majesties Subjects under the Great Seal the Publique Faith of the Kingdom by private Opinions delivered at the Council-Board without Legal Evictions of their Estates contrary to the Law and without president or example of any former Age. 6. The Proclamation for the sole Emption and uttering of Tobacco which is bought at very low rates and uttered at high and excessive rates by means whereof Thousands of Families within this Kingdome and of his Majesties Subjects in several Islands and other parts of the West-Indies as your Petitioners are informed are destroyed and the most part of the Coyn of this Kingdom is ingrossed into particular hands Insomuch as the Petitioners do conceive that the Profit arising and engrossed thereby doth surmount his Majesty's Revenue certain or casual within this Kingdom and yet his Majesty receiveth but very little Profit by the same 7. The universal and unlawful increasing of Monopolies to the advantage of a few to the disprofit of his Majesty and Impoverishment of his People 8. The extream and cruel usage of certain late Commissioners and other Stewards the British Farmers and Inhabitants of the City and County of London-Derry by means whereof the worthy Plantation of that Country is almost destroyed and the Inhabitants are reduced to great Poverty and many of them forced to forsake the Country the same being the first and most useful Plantation in the large Province of Vlster to the great weakening of the Kingdom in this time of danger the said Plantation being the principal strength of those Parts 9. The late erection of the Court of High-Commission for Causes Ecclesiastical in those necessitous times the proceedings of the said Court in many Causes without Legal Warrant and yet so supported as Prohibitions have not been obtained though legally sought for And the excessive Fees exacted by the Ministers thereof and the encroaching of the same upon the Jurisdiction of other Ecclesiastical Courts of this Kingdom 10. The exorbitant Fees and pretended Customs exacted by the Clergy against the Law some of which have been formerly represented to your Lordship 11. The Petitioners do most heartily bemoan that His Majesties service and profit are much more impaired then advanced by the Grievances aforesaid and the Subsidies granted in the last Parliament having much increased His Majesties Revenue by the buying of
of all succeeding Ages Let us therefore return to take a view of the Parliamentary Affairs This Day Robert Philips a Priest Philips a Priest for insolent behavior and language sent to the Tower at the desire of the House of Commons was brought to be sworn at the Bar being to be examined by the Lords Committees touching Matters concerning the State and hearing the Oath repeated to him desired the Directions of the House how far it was required of him to answer alledging that the Oath was too General and thereby he might be forced to confess against himself But the House resolved him this Doubt that he was but to answer as a Witness to reveal what he knew touching some Intended Treason Upon this he offered to take the Oath but presently said That he was not to be bound by the said Oath because the Bible upon which he was sworn was not a true Bible which Words he repeated a second time and then took the Oath Hereupon the Lords commanded him to withdraw and the House taking this as an Affront and Scorn done to this House and a great Scandal to our Religion and considering that the Words which he spake were Voluntary upon no Occasion given him the House resolved he should for this time be brought to the Bar as a Delinquent to hear what Answer he would make to his Charge who being brought to the Bar as a Delinquent upon his Knees the Lord Keeper told him That the House had a great Apprehension of the Affront shewed to this House of Peers and of the great Scorn and Scandal shewed to our Religion in saying the Bible which is allowed by the Law is not a true Bible upon this he made a Profession that he was a Catholick and that all Catholicks held this Opinion That our Bible is not a true Bible and if he should have taken an Oath without this Declaration he should have confirmed this to be a true Bible This being such an insolent Carriage in the Face of a Parliament the said Robert Philips was commanded to withdraw and the House taking it into serious Consideration thought it fit that he should have a Mark of the Displeasure of the House for his Derogation of our Religion and for the great Dishonor done to the Peers Hereupon it was Ordered That the said Robert Philips be Committed to the Tower of London there to remain until the Pleasure of this House be known And because the aforesaid Robert Philips is a Servant to the Queen the House thought it fit that she should be acquainted with the Reasons why he was Committed to this purpose the Lord Seymour was appointed to attend her Majesty his Lordship obeyed the command of the House herein L. Lieutenant of Ireland to send the Officers to their Commands in Ireland but desired to have what he should say from the House in Writing Ordered That the Lord Lieutenant of Ireland take care that such Persons as are now in this Kingdom and have Places of Trust and Command in Ireland do speedily repair thither to their several Charges for the defence of that Kingdom A Select Committee of 26 Lords Select Committee to consider the Affairs of Ireland and 52 Commoners was this day nominated by each House to consider of the Affairs of Ireland as also another Committee of 12 Lords and 24 Commoners to go to the City to borrow Fifty Thousand Pound for the Assistance of Ireland The Lord Chamberlain Reported the Marquiss of Hertford's Answer concerning the Prince and he returns this Answer Marquess of Hertford's Answer concerning the Prince That he is ready to perform the Order of both Houses and he saies the Reason why he waited not on the Prince at Oatlands was because there was no room for him to lye there A Message was sent to the Commons by Sir Robert Rich and Sir Edward Leech to desire a Conference concerning what had been done Conference for a Guard for the Parliament about the Prince and the Queen as also concerning some Course to be taken for the providing of a Guard to attend the Two Houses of Parliament which was accordingly had immediately in the Painted Chamber In the House of Commons Mr. Reynold's Reports the Case of Mr. Benson about selling Protections they fell this day upon the abuse of selling Protections which was complained of by the Citizens as a greater Grievance then all the Monopolies and Mr. Reynolds reported the Case of Mr. Benson a Member of the Commons House concerning several Protections granted by him to divers Men that were not his Menial Servants 1 That Mr. Benson who serveth for the Town of Knaresborough in the County of York hath granted several Protections to several Persons in London Middlesex Nottinghamshire Dorsetshire Kent Essex and Surrey All this did appear by the Protections brought from the two Compters in London he imployed Preston his Servant and another his Son in Law and as they made the Contract sometimes for 40 s. 30 s. 20 s. and sometimes for 17 s. so he granted the same accordingly Preston being examined before the Committee confessed his Master had granted twenty Protections and that his Son in Law did write them and usually had ten Shillings for the same Next one Joseph Smith a Scrivener was Examined who confessed Preston in the beginning of the Parliament came to him and desired him to write some Blank Protections and accordingly he writ 8 or 9. that afterwards Preston came to him and shewed him two Protections Signed with Mr. Benson 's Hand and that he knew it to be his Hand and that he delivered those Protections to one Proctor and Hawkins the one gave 16 s. the other 17 s. for them afterwards Proctor made use his of Protection against his Landlord who repaired to Mr. Benson who said That as to himself it should be of no Force Afterwards Mr. Benson granted a Protection to one Sylvester under his Hand and Seal who gave 40 s. for it and that Protection was produced at the Committee and Sylvester examined there and Confessed he paid 40 s. for it There were produced Copies of divers other Protections which were entred at the two Compters that all People might take Notice thereof Mr. Benson being desired by the Committee to make Answer to those Matters said he could not charge his Memory with the certain number but confessed he had granted many Protections and that he conceived it was his Priviledg as a Member of the House of Commons to do so Upon the whole Matter the Committee would deliver no Opinion because it concerned a Member of the House but commanded the Report to be made specially and to leave him to the Judgment of the House Whereupon it was Resolved upon the Question That Mr. Hugh Benson is unworthy and unfit Votes against Mr. Benson for selling Protections to be a Member of this House and shall sit no longer as a Member of this House Resolved c.
which by reason of his Majesties absence out of the Kingdom cannot be done by His Majesties immediate Warrant so speedily as the imminent danger and necessity of that Kingdom doth require and for that His Majesty hath especially recommended the Care of the Preservation of that Kingdom unto both the Houses of Parliament It is Ordained by the Lords and Commons in Parliament That Mountjoy Earl of Newport Master of His Majesties Ordnance shall deliver to the Earl of Leicester Lord Lieutenant of Ireland or to such other person or persons as he shall appoint to receive the same the full number of 1000 Arms for Horse-men and 8000 Arms for Foot and the quantity of 10 Last of Powder and such other Munition Tents and Provisions of all sorts as shall be needful for this Service according to a List to be agreed upon and allowed by the said Lords and Commons hereunto annexed out of His Majesties Stores and Magazines in the Tower of London the City of Carlisle the Town of Hull or elsewhere and for so doing this shall be a sufficient Warrant as well for his Lordship as for any of his Deputies or Vnder-Officers in that behalf An Ordinance also for providing Shipping for Transportation of Men and Munition was read and passed in haec verba WHereas by Order of Parliament Men Arms The Ordinance of the Lords and Commons to impower the L. High Admiral to provide Shipping c. Munition and other Provisions are suddenly to be transported from several Ports in this Realm viz. Bristol Chester and others for which Service it will be requisite that Ships be provided with all expedition It is this day Ordered by the Lords and Commons in Parliament that the Lord High Admiral of England be desired to take care that Ships be accordingly provided in the several Ports respectively within this Kingdom from whence the aforesaid Men Arms Ammunition and other Provisions are Ordered to be Transported into Ireland which is to be done with all expedition the Parliament having resolved to see Moneys supplied for the performance of this Service After this the Lord Keeper reported the Conference with the House of Commons to this effect That the House of Commons have presented to their Lordships some Propositions which have been Voted in their House The Report of the Conference about Capuchins c. and desires their Lordships to take them into Consideration and join with them therein 1. Concerning the Dissolving the House of the Capuchins and the speedy sending them away according the former desires of their House 2. That the Ambassadors may be sent to from both Houses to deliver up such Priests of the King's Subjects as are in their Houses 3. That a List may be brought in of the Queens Priests and other her Servants and that a List may be likewise brought in of the Prince's and other of the King's Childrens Servants 4. That a Proclamation may issue for the Commanding that all Strangers that are not of the Protestant Religion except such as are Men of Rank and Quality and live here in such a publick way whereby notice is taken of them and of the Cause of their aboad in this Kingdom do deliver in Tickets of their Names and an account of their stay here within two days after the issuing forth of the Proclamation or else depart the Kingdom forthwith And likewise requiring that all Inn-keepers or others that entertain Lodgers to give Tickets of the Names of such as lodge in their Houses within two days likewise after the issuing forth of the said Proclamation and that these Tickets be given by those in the City of London to the Lord Mayor and Aldermen of the Wards respectively where they reside and by those of Middlesex and Surrey and other Places within 10 Miles of London to the Justices of the Peace next adjoining to the place of their Residence and this Order to extend to the City of London and Ten Miles about 5. That the House of Commons had presented their Lordships with some Scottish Papers being Examinations concerning the late Design against the Lord Marquess Hamilton Earl of Arguile and the Earl of Lannerick Likewise they produced written from their Committees at Edinburgh Letters dated the 27th of October with an enclosed Paper containing as follows viz. The Paper of the 5th of October Exhibited by the English Committee October the 7th 1641. THE Committees of the Parliament of England have now sent down sufficient Moneys for the Total Disbanding of the Garrisons of Barwick and Carlisle Some Transactions between the English Committee at Edinburgh and the Scottish Parliament and have Ordered That it shall be Effected by the 10th of this present Month And have likewise taken a Course for removing the Ammunition and Ordnance and for slighting of the Works according to the Treaty We desire therefore That that part of the Army which is yet on foot may be forthwith Disbanded and that what new Fortifications have been made in Scotland by occasion of the late Troubles may be presently demolished according to the same Treaty The Answer to the Paper delivered in by the English Committees to the Committee of the Army Exhibited 7. Octobris 1641. THat the Regiments which are yet on foot may be speedily Disbanded they are drawn according to the Order already given near towards Edenburgh to the Effect they may with greater Conveniency be Mustered and thereafter money may be given for their Pay and forthwith disbanded And any new Fortifications which have been made in Scotland by Occasion of the late Troubles shall presently be demolished that every Condition on our part may to your full Satisfaction be performed according to the Treaty And we do no wise doubt to find mutual performances and that the Garrisons at Barwick and Carlisle according to the Orders of the Parliament be totally Disbanded which being shewn to the Parliament of England we hope will give them Satisfaction 22 October 1641. Produced by the Lord Chancellor and read in Audience of his Majesty and the Parliament who nominates the Lord Burgley in place of the Earl of Argyle to be upon the Committee for providing Money to pay the Regiments And also Ordains An Order to be given to the Lord General for causing the demolishing the Fortifications at Mordington which was accordingly done Alex. Gibsone 6. Concerning the putting the Custody of the Isle of Wight into another hand as formerly was desired 7. Concerning the securing of the persons of Papists upon the former Propositions 8. That the Earl of Essex may have Power from both Houses to Command the Trained Bands on this side Trent upon all Occasions for the Defence of the Kingdom and that this power may continue until the Parliament shall take further Order This Report being Ended the House caused those particulars to be distinctly read again and gave these Resolutions upon them Resolved upon the Question Nemine Contradicente That the House or Covent of Capuchins here
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
Garrisons there and that a convenient Number of Men shall be sent from the North Parts of England for the better Guard and Defence of those Forts and Countries adjoyning and that a large proportion of Arms and other Munition shall be speedily conveyed out of his Majesties Stores to West-Chester to be disposed of according to the Direction of the Lord Lieutenant of Ireland for arming the Men to be sent from England and such other of his Majesties Loyal Subjects as may be raised in Ireland 5. And because we understand That the Rebels are like with great strength to attempt the ruin and destruction of the Brittish Plantation in Ulster we humbly Advise his Majesty by the Council and Authority of his Parliament in Scotland to provide that one Regiment consisting if 1000 men furnish't and accomplish't with all necessary Arms and Munition as shall seem best to their Great Wisdoms and Experience may with all possible speed be Transported into Ireland under the Command of some Worthy Person well affected to the Reformed Religion and the Peace of both Kingdoms and well Enabled with Skill Judgment and Reputation for such an Employment which Forces we desire may be Quartered in those Northern Parts for the Opposing the Rebels and Comfort and Assistance of his Majesties good Subjects there with Instructions from his Majesty and the Parliament of Scotland that they shall upon all Occasions pursue and observe the Directions of the Lord Lieutenant his Lieutenant General or the Governor of Ireland according to their Authority derived from his Majesty and the Crown of England 6. And as touching the Wages and other Charges needful which this Assistance will require We would have You in our Name to beseech His Majesty to commend it to our Brethren the Estates of the Parliament of Scotland to take it into their Care on the behalf of His Majesty and this Kingdom to make such agreements with all the Commanders and Soldiers to be imployed as they would do in the like Case for themselves and to let them know For Our parts We do wholly rely upon their Honorable and Friendly dealing with us and will take Care that Satisfaction be made accordingly 7. You shall represent to his most Excellent Majesty this our Humble and Faithful Declaration that we cannot without much grief remember the great Miseries Burthens and Distempers which have for divers Years afflicted all his Kingdoms and Dominions and brought them to the last point of Ruine and Destruction all which have issued from the Cunning False and Malicious Practices of some of those who have been admitted into very near Places of Council and Authority about him who have been Favourers of Popery Superstition and Innovation Subverters of Religion Honor and Justice Factors for promoting the Designs of Forreign Princes and States to the great and apparent danger of His Royal Person Crown and Dignity and of all his People Authors of False Scandals and Jealousies betwixt his Majesty and his Loyal Subjects Enemies to the Peace Vnion and Confidence betwixt Him and his Parliament which is the surest Foundation of Prosperity and Greatness to his Majesty and of Comfort and Hope to them That by their Councils and Endeavours those great Sums which have been lately drawn from the People have been either consumed unprofitably or in the maintenance of such Designs as have been Mischievous and Destructive to the State and whilest we have been labouring to Support his Majesty to purge out the Corruptions and restore the Decayes both of Church and State others of their Faction and Party have been contriving by Violence and Force to suppress the Liberty of Parliament and indanger the Safety of those who have opposed such wicked and pernicious Courses 8. That we have just Cause to believe That those Conspiracies and Commotions in Ireland are but the Effects of the same Councils and if persons of such Aims and Conditions shall still continue in Credit Authority and Imployment the great Aids which we shall be inforced to draw from his People for subduing the Rebellion in Ireland will be applied to the Fomenting and Cherishing of it there and Encouraging some such like attempt by the Papists and ill-affected Subjects in England and in the End to the Subversion of Religion and destruction of his Loyal Subjects in both Kingdoms And do therefore most humbly beseech his Majesty to change those Councils from which such ill Courses have proceeded and which have Caused so many Miseries and Dangers to himself and all his Dominions and that he will be graciously pleased to imploy such Councils and Ministers as shall be approved of by his Parliament who are his greatest and most Faithful Council that so his People may with Courage and Confidence undergo the Charge and Hazard of this War and by their Bounty and Faithful Endeavours with Gods Blessing restore to his Majesty and this Kingdom that Honor Peace Safety and Prosperity which they have Enjoyed in former times And if herein his Majesty shall not vouchsafe to condescend to our humble Supplication although we shall always continue with Reverence and Faithfulness to his Person and to his Crown to perform those Duties of Service and Obedience to which by the Laws of God and this Kingdom we are Obliged Yet we shall be forced in discharge of the Trust which we ow to the State and to those whom we represent to Resolve upon some such way of defending Ireland from the Rebels as may concur to the Securing our selves from such Mischievous Councils and Designs as have lately been and still are in practice and agitation against us as we have just cause to believe and to commend those Aids and Contributions which this great Necessity shall require to the Custody and Disposing of such Persons of Honor and Fidelity as we have Cause to confide in The Faction as the Reader may before have observed had upon all Occasions indeavoured to lay hold upon the Soveraign Power of the Sword and indeed nothing less could Protect them from their own Fears of a future Reckoning which they were affraid they must make if ever the King's Affairs came into a prosperous Condition and setled Posture But certainly next to the Execrable Rebellion in Ireland it was one of the most barbarous Outrages to a most Excellent Prince whose Indulgence was his greatest Crime not only to charge him with the Fomenting and in a manner Contriving this most wicked Rebellion as is evident by these Venemous Reflections they intended to do but to take this advantage of the Misfortune of his Affairs to wrest from him that little remainder of Power and Regal Authority which he had not hitherto divested himself of But this was the Resolution of these Ingrateful and Ungenerous Subjects whose unbounded Ambition all the Streams of Royal Bounty were not able to satisfie so long as the King was the Fountain of them and they were determined to make use of his Majesties extreme Necessity as they had
therefore expect from his Majesty in a more larger and bountiful Manner then at other times A time of great Agitation and Action their State is ready by preparation to annoy us and ill and false Councils at home may quickly bring us to Ruin as we have weakness at home so we ought to decern the Actions abroad where great Provisions are made and a carelesness and improvidence herein when our Neighbours are so provided and have such great Fleets at Sea as will open a Way to suddain Ruin and Destruction before we can be prepared and therefore now the fittest time to move the King 6 The seventh and last Step is That this Alteration of Councils will bring great Advantages to the King in his own Designs In all our Actions our Prayers to God should be that his Name should be Glorified so our Petitions to his Majesty should bring Honor and Profit and Advantage to him by a discouragement to the Rebels a great part of their Confidence resting in the Evil Counsels at home as by the Examinations appeareth it will be a great Encouragement to the King 's good Subjects at home who hazzard their Lives and give Aid and Contribution to have things governed for the Publick Good it will make Men afraid to prefer Servants to the King that are ill Counsellors when they shall come to the Examination of the Parliament for many times Servants are preferred to Princes for advantage of Forreign States This will put an Answer into the King's Mouth against all Importunities that he is to prefer none but such as will be approved on by Parliament those that are Honorable and most Ingenious are aptest to be troubled in this kind and not to deny therefore the King may Answer he hath promised his Parliament not to admit of any but by Advice in Parliament this will Answer them all These are Domestick Advantages but it will also make us fitter to enter into Union and Treaty with Foreign Nations and States and to be made partakers of the Strength and Assistance of others It will fortifie us against the Designs of Foreign Princes there hath been common Council at Rome and in Spain to reduce us to Popery if good Counsel at Home we shall be the better prepared to preserve Peace and Union and better Respect from Abroad Lastly it will make us fit for any Noble Design Abroad Let us but turn the Tables and imagine this Speech spoken by some Loyal Gentleman against Mr. Pym and his Confederates and we shall find all those mischiefs and dangers from ill Counsels and Evil Counsellors the Alteration of Religion and Subversion of Laws the Encouragement of the Irish Rebellion the Impoverishment of the Nation the Loss of Liberty and Property the Ruin of the King and Kingdom to be the Natural Effects of their Consultations and Actions But in Order to accomplish their Wicked Designs the People must be affrighted with the danger of approaching Popery the present Government traduced with intentions of re-introducing it and the King must be Wounded through the Sides of the most Faithful of his Friends These were the Popular Arts by which after they had by repeated Flatteries Importunities and Promises obtained from the King those Fatal Concessions before mentioned they pursued their Design and by Arming those People whom they had deluded with the pretence of Religion and hurrying them on into Actual Rebellion they sought by Violence to obtain that which they could not do by Fraud and Flattery But to proceed After this an Order was read in the House of Lords made by the House of Commons Dated Nov. 9. 1641. That an Ordinance of Parliament may pass to engage the Honor Credit and Authority of both Houses of Parliament for the securing and repaying to the City the 50000 l. with Interest desired to be borrowed of them for the Occasions of Ireland and that a provisional Act shall pass with all Speed for repayment of the said Summ with Interest within six Months Next an Ordinance of Parliament was read concerning the Irish Affairs in haec verba viz. WHEREAS there is just Cause to conceive The Ordinance of Parliament prohibiting any Irish to pass out of England without License c. that diverse ill Affected Persons here being Natives or Inhabitants of Ireland do intend to pass over thither to joyn with the Rebels It is Ordained by the Lords and Commons in Parliament that no Irish Man shall pass out of any the Parts of this Kingdom to return into Ireland without special License of the Committees of both Houses for Irish Affairs or the Lords of his Majesties most Honorable Privy Council or of the Lord Lieutenant of Ireland It is further Ordered That no Arms Munition or Powder shall be transported without such License as is aforesaid It is likewise Ordeined by the said Lords and Commons That whereas upon the perusal of diverse Letters and other Intelligence here there is just Cause to suspect that diverse of his Majesties Subjects in Ireland had some Hand in the Conspiracy and Rebellions of the Irish That the Lord Lieutenant shall certifie from time to time during his Aboad in England into Ireland the Names of such suspected Persons and the the Grounds and Reasons of the Suspition and that thereupon the Lords Justices of Ireland and the rest of his Majesties Council there shall enter into Examination of the said Parties and shall have Power to commit them to Prison till the Truth may be fully discovered that so they may either be cleared if they be Innocent or if they be found Guilty they may be proceeded against according to the Laws And that this Ordinance of Parliament shall be a sufficient Warrant to the Lord Lieutenant Lords Justices and Council aforementioned The Lord Admiral then acquainted the House That he had Command and Directions from his Majesty to send some Ships for the Guuarding of the Irish Coasts and also some Ships to keep the Narrow Seas because his Majesty conceives that the Rebellion from Ireland is fomented from abroad and that they expect some Supply from Foreign Parts And his Lordship desires to have the Directions of the Parliament herein what to do Whereupon it was ordered to have a Conference with the Commons about it Divers Orders were read which were made by the House of Commons concerning the Irish Affairs to which they desired their Lordships concurrence that so they may be put in Execution That the Merchants Some Orders of the House of Commons concerning the Affairs of Ireland who have made the Proposition to their House of Transporting Spanish Money in specie into Ireland for the present Occasions of that Kingdom shall have Liberty to Transport so much only as the Lords and Commons in Parliament shall from time to time give them Order and Direction for paying it there as it passes by Proclamation and that all Sums so Transported shall be Registred in the Custom-House and that they shall bring Certificates
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
The Commons staying in the Painted Chamber all this while for an Answer to the Message the Lords went to acquaint the House of Commons with what was Voted In the Commons House Mr. Justice Long discharged from the Tower Dr. Gray sent for as a Delinquent Long who had been sent to the Tower for signing the Warrant for the Halberdeers to Guard the Parliament was upon his Petition this Day released A Complaint having been Exhibited against him It was Resolved That Dr. Gray Parson of Ponteland in the County of Northumberland shall be forthwith sent for as a Delinquent by the Serjeant at Arms attending on this House Several Letters were then read from Ireland one from Sir William Brereton Volunteers for Ireland giving Information That Sir Simon Harcout 's Regiment is compleat and that there are 4 or 500 more cheerful Volunteers which are ready to go if they had Commission This plainly confirms what before was said That the Necessity of the Bill for pressing Men was only to oppress the Royal Prerogative Mr. Pym informed the House That this was moved at the Committee last Night and that the Earl of Leicester Lord Lieutenant of Ireland had assured them he would take Care for the speedy Transporting of these Volunteers The House then fell upon the Consideration of the Bill for raising 400000 l. for the Affairs of Ireland c. The Officers of the late Army having also Petitioned for their Arrears there was an Order to pay them 13000 l. being the Moiety of what was due to them Amidst all this Heat of Publick Affairs and the great Zeal for Ireland still the Faction found leisure to persecute the Loyal and Orthodox Clergy upon the Informations of their implacable and restless Enemies the Non-Conformists and Schismaticks for this Day the Committee for scandalous Ministers was revived and appointed to meet upon Thursday Morning at Eight of the Clock so that Wednesday being the Fast was to be the Prologue to their Smiting with the Fist of Wickedness It was also Ordered That Alderman Pennington do take Care to bring in the Witnesses of the Parish of Grace Church to testify that Information he gave the House this Day against the Minister of that Parish Alderman Pennington an Informer against the Minister of Grace-Church Dr. Beal referred to the Committee for Scandalous Ministers Thursday Decemb. 23. Also it was Ordered That the Committe for the Bill for Scandalous Ministers do take into Consideration the Matter informed of against Dr. Beal on Thursday next The Lord Keeper this day reported a Conference had with the Commons That the House of Commons have brought up to their Lordships a Proposition of the Scots dated 20th Dec. 1641. concerning the 2500 Men as also the Resolution of the Commons thereupon which they desired their Lordships to joyn with them in Then the said Proposition was read as also the Resolution of the Commons That they do undertake to pay the 2500 Men already entertained in Scotland from the 8th of December to the end of the Treaty according to the Pay setled them in Scotland which being read the House of Lords assented to it After which a Message was brought from the House of Commons by Mr. Waller That the House of Commons conceive some Cause to Examine Daniel O Neal further as a Delinquent but not upon Oath and seeing he is their Lordships Prisoner committed to the Gate-House upon an Accusation of High Treason That their Lordships would please to give way that some Members of the House of Commons may Examine him and also to desire their Lordships to sit a while for that the House of Commons will come up to their Lordships with some Business concerning the Safety of the City To which the Answer was That their Lordships do give way that some Members of the House of Commons may ask Mr. O Neal any Questions as they shall think fit and that this House will sit a convenient time as is desired This Matter of the Safety of the City Conference concerning displacing Belfour and making Lunsford Lieutenant of the Tower was delivered at a Conference That the House of Commons represented to their Lordships that they had received Information That Sir William Belfour Knight Lieutenant of the Tower of London approved for his Fidelity is put out of his Place and one Colonel Lunsford put into his Place concerning whom the House of Commons had received a Petition which they desired their Lordships to consider of The Faction were resolved to dislike what ever the King should do and to give countenance to their Proceedings they had Petitions and Petitioners still in a Readiness to make it appear that they moved upon that Foot when in reality they themselves and their Agents were the Ingineers of those very Petitions The Petition was read in the House of Lords and was in haec Verba To the Honorable the Knights Citizens and Burgesses of the Commons House of Parliament The Humble Petition of divers Common-Council Men and others of the City of London The Factious Londoners Petition concerning the placing Lunsford in the Tower Sheweth THat whereas the Tower of London was originally ordained for Defence of this City and to be the Chief Magazine of the Kingdom and that the whole State is deeply interessed in the safe Custody thereof but more especially the said City which lately hath been put into Fears of some dangerous Design from that Cittadel whereupon it pleased this High Court to mediate with his Majesty for removing of those Fears And whereas the Petitioners are informed that Sir William Belfour a Person of Honor and Trust is displaced from the Office of Lieutenant and the same Place beslowed upon a Man Out-lawed and most Notorious for Outrages Colonel Lunsford and therefore fit for any dangerous Attempt the Petitioners and many more who have Intelligence thereof are thereby put into such a hight of Fear and Jealousy as makes them restless till they have discharged their Duty in representing the same to this Honorable House May it therefore please this Honorable Assembly to take the Premisses into such Consideration as may secure both the City and Kingdom against the Mischiefs which may happen as to your great Wisdom shall be found most fitting And your Petitioners shall pray c. Randal Manwaring Maximilian Beard Edw. Gitting Jo. Pocock Sam. Warner Geo. Thomson Stephen Estwick Ric. Price Ric. Turner The House of Commons do further say That the said Colonel Lunsford is an unfit Person to be Lieutenant of the Tower For 1. They say he is a Man of a decayed and desperate Fortune The Commons Reasons against Lunsford's being Lieutenant of the Tower and so may be tempted to undertake any ill Design and they conceive it will be very prejudicial to the King and Kingdom for him to be in that place in this time of Fears and Jealousies especially to the Mint in this time of great occasions to use Monies for it
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
together he and his Fellows came quietly away * * This Michaelson was a Dr. in Divinity John Michaelson But Mr. Kirton gave in an Information more particularly as follows WEdnesday 24th of November Mr. Lavender 's Man came in the Evening to one Farlow 's House in Woodstreet where his Master with other Company was taking Tobacco and told him that Captain Ven had sent for him presently to repair to Westminster with his Arms for there was an Vprore in the Parliament House and Swords drawn in the Parliament House whereupon the said Lavender suddenly went away and threw his Pipe on the Table and the Company was much amazed Mr. Laurence Ruddyard Mr. Farlow of Cambridg Mr. Farlow of Wood-Street P. Bradswawe After this A Message from the Commons concerning the Lord Digby a Message was brought from the Commons by Sir Philip Stapleton Knight to let their Lordships know That the House of Commons finds by common Fame that it hath been said in this House by the Lord Digby and offered to be justified by him That the House of Commons have invaded the Priviledges of the Lords House and the Liberty of the Subject and that he did likewise say in this House This was no free Parliament the House of Commons desires That if those Words have been spoken by him that Right may be done to the Commons of England against the Lord Digby and that if no such Words were spoken by him That then a Declaration may be set forth to acquit the House of Commons of that Scandal The Consideration of the Words in the said Message were referred to the Committee appointed to keep a good Correspondency between the two Houses From this Message the Reader may observe the Reason of the Vote last Night concerning this being a free Parliament and how quick Intelligence the Commons had of particular Persons and Things that at that time passed in the House of Lords they had long had a dormant Pique against the Lord Digby for his franck Expressions in the Speech he made concerning the Bill of Attainder of the Earl of Strafford and the Revenge of the Party Slept as old Pliny saith Lions do with their Eyes open to watch the most convenient opportunity for Execution A Message was brought from the House of Commons by Mr. Jepson to desire a present Conference by a Committee of both Houses if it may stand with their Lordships convenience concerning Ireland which Conference was thus reported by the Lord Keeper The House of Commons expressed the great danger Lord Keeper's Report of the Conference with the Commons concerning Ireland Decemb 29. 1641. that the Province of Munster is in and the ill Consequence that may come to that Kingdom if the Rebels should gain it The House of Commons therefore present these Propositions to their Lordships and desire they would joyn with them in it Then the Propositions were read being certain Votes of the Commons 1 Resolved upon the Question That there shall be forthwith sent from hence 1500 Muskets and 500 Corslets to Bristol to be with all speed Transported to Youghall in Munster to be disposed of by the President there for the Defence and Security of that Province 2 That a proportionable Provision of Match and Bullet be made and provided for the Relief of the Province of Munster and the Bullets to be provided at Bristol 3 That 10 Lasts of Powder be forthwith speeded by Carts to Bristol for Youghall 4 That two Regiments of 1000 Foot in a Regiment be forthwith raised for Volunteers out of the Western Countries and that the Colonels may be contracted with at 30 s. for every Soldier for the raising and transporting them into Munster 5 That their Entertainment may be the same that the House hath allowed for other Officers and that they may be Mustered at their Landing in Munster and that the Officers Pay then begin 6. That Arms and Munition may be sent from hence for those 2 Regiments and that Sir Charles Vavasor be required to hasten the raising of his 500 Men appointed by the House for Munster 7. That the Lords be desired to joyn with the House herein That his Majesty may be moved from both Houses for the Arms and Munition 8. That 2 Ships about 200 Tun apiece Rigged and provided as Men of War may be hired at Bristol for the present Guarding of the Coasts of Munster and to Transport Men Arms and Munition from hence 9. It is likewise Ordered That Levy-Mony shall be allowed to the Lord Inchequin and Mr. Jepson for the Raising 2 Troops of Horse each of them consisting of 100 Men after the Rate of 10 l. a Horse and that Arms shall be provided both for the aforesaid 2 Troops and likewise for a third of 100 Men to be Raised and Commanded by Sir William Courtney all which 3 Troops are to be Payed by the Province of Munster according to the Rate allowed to other Troops in the Irish Army 10. It is desired That the Lords would joyn with this House to move his Majesty to Grant a general Warrant to the Earl of Newport for the Issuing of such Arms and Ammunition from time to time as shall be thought fit by both Houses of Parliament the King being made acquainted therewith And likewise to move his Majesty to grant a General Warrant to the Lord Lieutenant of Ireland for the transporting from time to time such Men Horse and Ammunition as shall be thought fit by the King and Parliament Then the Sheriffs of Middlesex and London The Sheriffs of London and Middlesex and Justices of Westminster ordered to suppress the Tumults and some of the Justices of the Peace for Westminster were called in and the Statute of 13 H. 4. c. 7. was read unto them and they were commanded to do their Duty according to this Statute now read at their own Perils and if they doubted of any thing then they are to resort to this House for advice and directions therein The Lords did what lay in their Power to repress the Insolence of the Rabble but it was to no manner of purpose for this very day a Roll of Apprentices with one Barnardiston in the head of them in a menacing and insulting Tumult Marched down to Westminster and some scuffling there was about the very Gates at White-hall and the Sheriffs of London and Middlesex having drawn together such a Guard as they could Tumults supported and encouraged by the Commons seized some of them and committed them to Prison and the House of Commons being informed thereof immediately It was Ordered That Sir Robert Pye Mr. Laurence Whittaker Mr. Wheeler and Mr. Alderman Pennington do call the Officers and such others unto them that have Committed some Apprentices and examine the Grounds of their Commitment and by whose Authority they were Committed and Report them to the House And Mr. Hollis was posted up to the Lords with a Message to let their Lordships know That the House
of Commons have received information of great disorders committed between this House and Charing-Cross that certain persons in the Habit of Gentlemen who are reported to be Officers in the late English Army and are now in Whitehall or some places thereabouts back'd and countenanced by a Guard of the Trained-Bands attending about Whitehall do Issue out in Numbers and assault the Kings Subjects going and returning in the Kings Peace to and from the Parliament offering to them as they are credibly informed no Offence at all and 20 or 30 of them sore wounded This the House of Commons conceive to be a true Violation of the Liberty of the Subject and an affront to the Parliament and will in the end strike Aw and Terror into the Parliament if not prevented by the Wisdom of your Lordships and the House of Commons The House of Commons are likewise informed by a Member of their House That he going from the House to his Lodging through the Church-Yard found there a Guard of Soldiers and inquiring of them by whose command they were there they answered by the Lord Arch-Bishop of York's If this be to be suffered to have Guards set about the Parliament in this manner to the Terror and affray of the People the House of Commons submit it to your Lordships judgment and therefore to prevent all inconveniencies the House of Commons desire to have a Guard otherwise there will follow certain Mischief in the end which the House of Commons foreseeing do give your Lordships timely warning that if it happen they may clear themselves to all the World Therefore that we may still be a free Parliament he said he was Commanded to desire their Lordships That according to their own Proposition and upon such conditions as the House of Commons consented to that your Lordships will presently joyn with the House of Commons in an humble Petition to his Majesty that the Parliament may have a Guard and such a one as may be approved by both Houses of Parliament and to be Commanded by the Earl of Essex Then the Lords taking this Message into Consideration after a long debate this Question was put Whether this House will joyn with the House of Commons in an humble Petition to his Majesty to desire that the Parliament may have a Guard and such a one as may be approved of by both Houses and to be Commanded by the Earl of Essex And it was Resolved Negatively Besides what hath before been taken notice of in the Conferences with the Lords there passed a Vote That the Matters this day debated Vote to remove the E. of Bristol from the King and Council concerning the removal of the Earl of Bristol from the King and Council be referred to a Committee to prepare and present it to the House The Kings Message concerning the 10000 English Volunteers was also Communicated to the Commons at a Conference but they took no notice of it The House debated the Obstructions Committee for a Declaration concerning the Obstructions in relieving Ireland which hindred the speedy relief of Ireland and Mr. Hollis Mr. Pym Mr. Strode Sir Edm. Montfort Mr. Glyn Sir Philip Stapleton Mr. Martin Sir John Hotham and Sir John Culpeper were appointed a Committee to prepare a Declaration upon the heads this day propounded here concerning the Obstructions in the Affairs of Ireland and the Causes thereof and present it to the House Though truly who ever reads the Kings last Message concerning the Volunteers may find without the help of this Declaration that the Committee themselves and their Faction in the House were the only Obstruction in this Affair And for all their seeming Zeal yet this Rebellion in Ireland was such a necessary handle to their present Affairs and future Designs that they were resolved not to part with it till they had served their own turn with it and happen the worst they were resolved the miscarriages should not ly at their doors so long as they could have 15000 Porters to take the Burden from their Backs and Petition it to the Bishops the House of Lords or the Kings Back if occasion required They had indeed gained such an intire Ascendant upon the faith of the Populace that whoever they accused of it they were assured would be believed Guilty And that they might not be wanting to inflame the People into farther Tumults and lest they should cool in the service of crying No Bishops and affronting the King and the Laws even at the Gate of his Majesties Royal Palace It was Ordered Order of the Commons for a double Watch. That the Bailiff and other Officers of Westminster be required from this House to take Care that a double Watch and Guard may be kept about this City and Suburbs this Night And to improve and second this Invention some of their Infamous and Malicious Agents made Out-Cries in the City That all People should rise for their Defence for that the King with his Papists were coming to Fire the City and Cut their Throats Which hellish Calumny backed with the suspitious Order of the Commons inflamed the People for want of Sleep and Reason to cool their Brains and see into the wicked Artifice to those Degrees that these imaginary Dangers wrought them up to the same height of Frenzy and Madness that the most real Mischiefs could have done and Ignorance being both the Mother of Credulity and Fear those wicked Incendiaries who had kindled these Flames ceased not to feed these two Passions with constant Fewel and to blow them up into Discontent and Hatred of his Majesty and the Government as designing their Ruin and Destruction and not their Safety Happiness and Protection This Day the Lord Keeper acquainted the House of Lords Thursday Decemb. 30. That the King had commanded him to deliver a Petition to their Lordships which was presented to him whereupon the House commanded the said Petition to be read which was in these Words To the King 's Most Excellent Majesty and the Lords and Peers now Assembled in Parliament The Humble Petition and Protestation of all the Bishops and Prelates now called by his Majesties Writs to attend the Parliament and present about London and Westminster for that Service THat whereas the Petitioners are called up by several and respective Writs The Petition and Protestation of the Bishops Decemb. 30 1641. and under great Penalties to attend in Parliament and have a clear and indubitate Right to Vote in Bills and other matters whatsoever debateable in Parliament by the ancient Customs Laws and Statutes of this Realm and ought to be protected by your Majesty quietly to attend and prosecute that great Service They humbly Remonstrate and Protest before God your Majesty and the Noble Lords and Peers now Assembled in Parliament that as they have an indubitate Right to sit and Vote in the House of the Lords so are they if they may be protected from Force and Violence most ready and willing
conceive it to be a Matter of great Concernment The Answer was That their Lordships will take the same into Consideration in convenient time The Lords that went to move the King concerning the Propositions touching Munster reported That the King returns this Answer for the present that there shall be no delay in the Business but that he will speak with the E. of Newport Master of the Ordnance concerning the Stores and accordingly will give Warrant for Transporting of the Ammunition as is desired Memorandum That this House intends to have a Conference with the House of Commons on Munday next about setting of Armorers on work to make new Arms for supplying the King's Stores and likewise about the prevervation of Salt-Peter Mines and Provisions of Powder In the Commons House the Lords having by Messengers given the Commons an Account of the Commitment of the Bishops Mr. Wheeler Mr. Glyn Mr. White Mr. Bridgman Mr. Hiâ—â— Serjeant Wild Mr. Rigby Mr. Ellis Mr. Peard were appointed a Committee or any three of them to meet at such time as they shall think fit to consider of the Impeachment already made by the House of the 12 Bishops and whether it be needful to add any thing more to it and which way will be best for the House to proceed in to bring them to a suddain Trial. Then Mr. Hollis Sir Henry Mildmay Sir John Holland A Committee to wait upon the King for a Guard Sir Sydney Mountague Sir Christopher Wray Lo. Cranborn and Mr. Herbert Price were appointed to wait upon the King from this House and to represent unto his Majesty the grounds of our Fears and to desire That this House may have a Guard of the Trained Bands of the City of London under the Command of the Earl of Essex and Mr. Hollis is to deliver this Message It seems there were at this time Drums beat up for Volunteers for Ireland of which the Commons being informed who were resolved to Ingross the whole Affair into their own Hands immediately Mr. Rigby Sir Arthur Haslerig Sir Thomas Barrington Sir Walter Earl Mr. Wheeler Mr. Glyn Mr. Bosvile Mr. Darley Sir Robert Pye Mr. Whittaker Sir Gilbert Gerrard Sir John Franklin Mr. Purfrey and the Citizens for London or any four of them were appointed to be a Committee to make Inquiry by what Warrant the Drums for Volunteers do beat up and Men are raised and to inform themselves what Numbers are levied and to tender the Oaths of Allegiance and Supremacy and to send for Constables Officers and other Persons whatsoever and for Commissions and Writings and are to meet when and where they please Mr. Hollis Reports That he obeyed the Commands of this House That his Majesty gave this Answer That he did desire to give a speedy Answer to any thing that imports the House of Commons but said he could not remember what was delivered it consisting of so many Particulars and therefore desired to have it in Writing And he further said That we were called here to sit by his Majesties Writ and were under his Safety and that should tender us as his Children Upon this Mr. Price and Sir Henry Mildmay were ordered to carry this Message for a Guard in Writing and to acquaint his Majesty That though the House hath adjourned it self till Munday next yet they have left Power with Mr. Speaker to receive such Answer as his Majesty shall please to send to the said Message And Mr. Hollis Mr. Pym Sir Samuel Luke Mr. Rigby Mr. Wheeler Sir Walter Earl Sir Thomas Barrington Mr. Strode Sir William Litton Mr. Glyn Mr. Long and Lo. Cranborne were appointed to be a Committee to consider of such Answer as his Majesty shall please to send to the Message of the House concerning a Guard and if his Majesty shall not vouchsafe to send any to consider what then shall be fit to be done for the Safety of the King and Kingdom and Mr. Speaker to have power to receive his Majesties Answer and send it to the Committee Then Mr. Hollis presented in Writing the Message which he had formerly delivered which was read and Voted and was in these Words Most Gracious Sovereign WE are sent by the Knights The Message of the Commons to the King concerning a Guard Citizens and Burgesses of the House of Commons your Majestie 's faithful and Loyal Subjects who are ready to lay down their Lives and Fortunes and spend the last drop of their Blood to maintain your Crown and Royal Person in Greatness and Glory and do by us cast themselves down at your Royal Feet to present unto your Majesty their humble Desires upon their great Apprehensions and just Fears of mischievous Designs and Practises to Ruin and Destroy them there have been several Attempts heretofore to bring Destruction upon their whole Body at once and Threats and Menaces against particular Persons There are a malignant Party bitterly invenomed against them daily gathering Strength and Confidence and now come to such height as they have given boldness to some to embrue their Hands in the Blood of your Subjects in the Face and at the Door of the Parliament and at your Majesties own Gates and have given out Insolent and Menacing Speeches against the Parliament it self This causes great Distractions among the People in general and much Fear and Apprehensions in the House of Commons That they conceive they cannot with the Safety of their Persons upon which the Safety and Peace of the whole Kingdom doth now depend sit any longer unarmed and unguarded as they are They have therefore their recourse unto your Majesty most humbly beseeching you that it may stand with your good liking if they provide for their own Safety which the very Law of Nature and Reason doth allow unto them It is their Humble Desire That they may have a Guard out of the City of London commanded by the Earl of Essex Lord Chamberlain of your Majesties Houshold of whose Fidelity to your Majesty and the Common-Wealth they have had long Experience By this your Majesties Grace and Favor you will remove their Fears fill them with Comfort and Assurance and enable them to serve your Majesty in such a Way as shall render your Majesty and your Government happy and glorious And to this they do most humbly desire your Majesties gracious and speedy Answer because their Safety and the Safety of the whole Kingdom depends upon it and will not admit of any delay Pity it is that so curious a Skin should always cover the Serpent and that mortal Poison should dwell in a Golden Vial. Certainly never Men that meant so ill knew better how to speak so well and if ever drawn Swords were artificially concealed in the soft Scabberd of tender and oily Words it was when these People courted the King most zealously in hopes of being denied for they ever crept lowest when they aimed most at the Throat of Royalty They had raised all the Tumults and Uproars as is
most Evident and were themselves guilty of the Disorders they refused to joyn with the Lords in a Legal Way by Proclamation and the Laws to suppress them punished the Officers and turned off the Guards appointed legally to keep the Peace and now unless the King will grant them a Guard all this must be placed to his Majesties Accounts and the Rabble be excited to affront him and force him from White-Hall which was what they longed to be at as hereafter we shall see However his Majesty returned this Gracious Answer to their Message which might have abundantly satisfied them if they had not been beforehand resolved not to be satisfied with any Answer which his Majesty could in Honor give or good Subjects in Reason expect WE have taken the last Message from you The King's Answer to the Message concerning a Guard touching your desire of a Guard into serious Consideration and truly with great grief of heart that after a whole Years sitting of this Parliament wherein you have obtained those things for the happiness and security of your selves and the rest of Our Subjects as no Age can equal instead of reaping in Peace and Tranquility the fruits of your Labours and of Our Grace and Affection to Our People We should find Jealousies Distrusts and Fears still so prevalent amongst you as to induce you to declare them unto Vs in so high a measure as you have done at this time We are wholly ignorant of the grounds of your Apprehensions but this We do protest before Almighty God to whom We must be accountable for those whom he hath intrusted to our Care and Protection that had We any knowledge or belief of the least Design in any of violence either formerly or at this time against you We would pursue them to condign punishment with the same Severity and Detestation that We would do the greatest attempt upon Our Crown We know the Duty of that place where God hath set Vs the Protection We ow to all Our Loyal Subjects and most particularly to you called to Our Service by Our Writs and We do engage unto you Solemnly the Word of a King that the Security of all and every one of you from violence is and shall ever be as much Our Care as the preservation of Vs and Our Children And if this general Assurance shall not suffice to remove your apprehensions We will Command such a Guard to wait upon you as We will be responsible for to him who hath incharged Vs with the Safety and Protection of Our Subjects White-Hall Jan. 3d. The Insolency of the Tumults was inexpressible insomuch that several young brisk Gentlemen of the Inns of Court came and voluntarily offered themselves to his Majesty at White-Hall to Guard his Person from the Rabble whose deportment was so unsufferable that 't is a Miracle no more mischief came of it but such was his Majesties tenderness and caution that he would not permit these young Gentlemen so much as to Exasperate that Rude Crew but having given them thanks for the offer of their Service and ordered them to be handsomly entertained at Tables provided for them they were dismissed Though afterwards a great noise and a Plot was made of drawing these young Gentlemen into a Design to do some strange things But though his Majesty thought not fit to make Use of their Assistance yet he sent to the Lord Mayor to call a Court of Aldermen and Common-Council and to propose to the City the care of Suppressing these Tumultuary Assemblies Proceedings at a Court of Aldermen and Common-Council upon a Message from the King by L. Newburgh concerning Tumults Dec. 31. 1641. an account of which Court and proceedings was as follows A Common-Council held at Guild-Hall in the City of London the One and Thirtieth of December 1641. Commune Concilium tent ' in Camera Guild-Hall Civit ' London ' Tricessimo primo die Decemb. 1641 post Meridiem Anno Reg ' Dom ' nostri Caroli nunc Regis Angliae c. decimo septimo coram Richardo Gurney Milite Baronetto Majore Civit. London Tho. Garnier Milite ejusdem Civit. Record Ed. BromfeildMilit Ed. Wright Mil. Alderm dictae Civit. Johan Cordell Mill. Joh. Gayer Mil. Jacobo Gerrard Mil. ac Alderm Tho. Atkin Alderm Joh. Wallaston Mil. Alderm Tho. Adams Jo. Warner Jo. Towse Abrah Reynardson Tho. Austin Predict Civit. Alderm ac Georgio Garret Georgio Clarke Mil. Alderm ac vicecom Civit. Praedict necnon majore parte Conciliariorum de Com. Concilio ejusdem Civitat tunc ibidem assemblat  At this Common-Council Mr. Recorder declared That by the direction of the Right Honourable the Lord Major he was to signifie to them the cause of their now Assembly how that his Lordship had yesterday received a Letter from Sir Edward Nicholas Knight one of his Majesties principal Secretaries of State intimating that it was his Majesties pleasure his Lordship should call a Common-Council against this time and then his Lordship should be advertised of his Majesties further pleasure and that there was now at this present in the Council Chamber an Honourable Person being the Lord Newburgh Chancellor of his Majesties Court of the Dutchy and one of his Majesties most Honourable Privy-Council come hither to deliver his Message to this Court And thereupon the Right Honourable the Lord Newburgh was desired to come into this Court who being here declared and said in this manner Gentlemen his Majesty out of his good affection towards the City and acknowledging of your great Loves lately shewed unto his Highness hath sent me with a Message to you assuring it to be the same contained in a Paper which he presented and desired to be read to this Common-Council which was accordingly done the Tenor whereof followeth in these words THere having been of late many Tumultuary and Riotous Assemblies of people about our Palaces of White-hall and Westminster to the great disturbance of us and our Parliament and we having received Information that some ill-affected persons do still endeavour to incite the like Tumults again we have thought fit to recommend to your especial care the preventing them as far as in you lies especially the ensuing Holy-days at which the idleness of many may make them apter to such disorders We have thought fit likewise to let you know that we are so well assured of the good affections of our City of London by the great expressions which it hath made unto us of late that we can in no wise understand it to have any share in the fault of these Tumults and Distempers but that they proceed meerly from the mean and unruly people of the Suburbs And as we are most confident of the hearts and good affections of our City of London towards us and our Government and will not entertain any other opinion so we do desire them not to be disturbed by any jealousies that ill-affected persons may endeavour to sow
Destruction will speedily follow That both Houses have lately taken a Protestation for the Maintainance of their Priviledges Persons and Goods a High Breach whereof is at this Instant for divers Members of the House of Commons have their Persons Assaulted and laid in wait for their Chambers Studies and Trunks have been Ransacked and Sealed up as Mr. Hollis Mr. Pym and Mr. Hampden Besides the House of Commons understands that there are Guards of Souldiers set near the Parliament Houses as at White-Hall which being done without consent of the Parliament they hold it to be a Breach of the Priviledges of Parliament The House of Commons therefore desires their Lordships would joyn with them in an Humble Desire to his Majesty that the Guards at White-Hall may be removed and that the Parliament may have such a Guard as shall be approved of by the King and both Houses of Parliament And also the House of Commons desires their Lordships to joyn with them to Vindicate the Breaches of the Priviledges of Parliament and if a Guard cannot be obtained then they desire their Lordships to take into Consideration to Adjourn to another place where they may sit in Security Whereupon it was Ordered by the Lords That all Chambers Studies and Trunks that are Sealed up or Locked belonging to Mr Hollis Mr. Pym Mr. Hampden or to any Members of Parliament shall be forthwith unsealed and unlocked and left to their free Vse and Dispose And it was likewise Ordered That this House will joyn with the House of Commons in an humble Petition to his Majesty to desire such a Guard as himself and both Houses of Parliament shall approve of and the same is to continue so long as the King and both Houses of Parliament shall think fit And the Lord Steward and the Lord Chamberlain were appointed to attend the King from both Houses of Parliament with the aforesaid Order concerning Guards and humbly to desire his Answer therein In the Commons House immediately after this Conference Mr. Francis a Serjeant at Arms sending in Notice The King demands the five Members by a Serjeant at Arms. That he was Commanded to deliver a Message from his Majesty to Mr. Speaker he was called in to the Bar without his Mace and there he delivered this Message I am Commanded by the Kings Majesty my Master upon my Allegiance that I should come and repair to the House of Commons where Mr. Speaker is and there to require of Mr. Speaker five Gentlemen Members of the House of Commons And that these Gentlemen being delivered I am commanded to Arrest them in his Majesties Name of High Treason Their Names are Mr. Hollis Sir Arthur Haslerigg Mr. Pym Mr. Hampden and Mr. William Strode Whereupon Mr. Chancellor of the Exchequer Lord Falkland Sir Philip Stapelton and Sir John Hotham were appointed to attend his Majesty and to acquaint his Majesty That this Message from his Majesty is a matter of great Consequence it concerns the Priviledge of Parliament and therein the Priviledge of all the Commons of England That this House will take it into Consideration and will attend his Majesty with Answer in all Humility and Duty with as much Speed as the greatness of the Business will permit And in the mean time this House will take Care that those Gentlemen mentioned in the Message shall be ready to Answer to any Legal Charge laid against them And Mr. Speaker did by Command of the House enjoyn these five Members particularly one by one to give their attendance on this House de die in diem till the House take further Order But notwithstanding all their fair words how much they intended to abide a fair and legal Tryal a little patience will inform the Reader for immediately Sir William Flemming and another Gentleman who had in obedience to the Kings Warrant Sealed up the Studies and Trunks of those five Members were apprehended by Mr. Speakers Warrant as Delinquents and ordered to remain in the Serjeants Custody till further Order Message about the King Queen and Princes Servants taking Oaths of Supremacy c. A Message was also this day sent up to the Lords by Mr. Strode to desire their Lordships That whereas upon the Request of the House of Commons their Lordships have agreed with the House of Commons that the Servants belonging to the King Queen Prince or to any of the Kings Children shall according to the Law take the Oaths of Supremacy and Allegiance the House of Commons desire that the Lord Keeper may be Ordered to Issue forth Writs for that purpose to Persons of Honour to see it done accordingly Next that their Lordships would joyn with them to take a Course that the Colledge of Cappuchin-Friers at Sommerset-House may be Dissolved And lastly That their Lordships would move his Majesty that the seven Romish Priests Condemned in London may be Executed according to the Laws To which the Answer of the Lords was That they will take the first part of the Message into Consideration in convenient time To the second Their Lordships agree and will send to move the King in it And that they have already sent to the King concerning the Execution of the seven Priests And accordingly the Lord Steward and the Lord Chamberlain were appointed to attend the King and move him from both Houses of Parliament That the Colledge of Cappuchins at Sommerset-House may be dissolved I cannot find the following Speech in the Journal and by its being addressed to Mr. Speaker and not to their Lordships as is usual in Speeches made in the Lords House I am apt to suspect the Publisher not well versed in matters of that Nature and that it may be a Surreptitious Copy But whether it were Spoken by his Lordship or not it was made Publick and Printed under his Name and did all the Mischief a Real Speech could have done in Exasperating the Multitude against the King upon this Occasion And the Bishops who were certainly to be loaded with their share of the Obloquie in whatever went cross to the Faction The Speech was thus A Judicious Speech made by the Right Honourable the Lord Kymbolton in Parliament Jan. 3. 1641. Concerning the Articles of High Treason exhibited against his Lordship Sir Arthur Haslerig Mr. Pym Mr. Stroud Mr. Hollis and Mr. Hampden by His Majesty Mr. Speaker The Lord Kymbolton's Speech upon his Impeachment January 3. 1641. THere hath already been so much spoken by the other Gentlemen concerning this Accusation of High Treason even sufficient as I conceive to clear us all that are Impeached that I know not what to say more touching the same Onely under favour give me leave to speak what I conceive of the cause of the procuring of this Accusation the Authors that procured it and of the effects which I perceive will follow upon the same Mr. Speaker It is not long since this Honourable House accused of High Treason the Twelve Bishops for their Illegal and Trayterous
groaning under the Burden of Tyrannical Oppression inflicted on them unjustly and maliciously by Unmerciful and Wicked Men that have Usurped unto themselves Places and Offices of Power and Authority both in Church and State Mr. Speaker This Great and high court is not only the Powerfullest of all other Courts whatsoever but the Prudentest and Wisest made and compacted not only of Men sound in Religion well Learned but Ripe in their Judgments contracted from all Parts of this Kingdom Elected Chosen with the free consent of the whole body Politique of the Kingdom this great and high Council is not only of such Power and Wisdom but indued and attended with the most and greatest Priviledges thereof that not only the meanest of his Majesties Subjects but the greatest Personages of the Kingdom are in danger if infringers of the same to be called in Question and by them punished therefore give me leave Mr. Speaker to speak somewhat of the Priviledges in this particular incident and appertaining to this Wise Senate and in speaking thereof I shall observe these three particulars 1. The Rights and Priviledges belonging to the same in the free Votes and Judicature thereof 2. The Rights and Priviledges belonging to the Power and Jurisdiction thereof 3. The Rights and Priviledges in the Continuances thereof being freely called and assembled by his Majesties Authority not to be dissolved or broken off till all things agitated therein for the good both of Church and Common-Wealth be fully concluded and determined First Mr. Speaker concerning the Priviledges of a Parliament belonging to the free Votes and Judicature thereof I shall observe these three particulars First To speak freely without Interruption or Contradiction in any Debate Dispute or Argument upon any business agitated in the same being a Member thereof I conceive to be one Priviledge of a Parliament Secondly Not to be questioned or any such free Dispute Argument or Debate to be taxed or accused for the same either during the free sitting thereof or after is another Priviledge of Parliament Thirdly Freely to give Vote Judgment or Sentence upon the Reading of any Bill to be made a Law or any Bill either of attainder or other Charge against Delinquents and Criminous Persons against the State at their Tryal upon the same is a third Priviledge of Parliament Fourthly To defend and Maintain the Free Vote Judgments and Sentences of the whole House by Protestation Remonstrance or other Declaration if not consented unto or opposed by the House of Lords is a Fourth Priviledge Fifthly For any Member of the House not to be accused of any Crime or Impeached for Treason by any Person whatsoever during the continuance of the Parliament for things done in the same without Legal Accusation and Prosecution of any such Member by the whole House is another Priviledge of Parliament Sixthly Not to be apprehended upon such Impeachment or arrested by any Officer or to have studies broken open their Books and Writings seized upon without consent or Warrant of the whole Parliament is another Priviledge of the same and thus much Mr. Speaker shall suffice to be spoken concerning the Priviledges and Rights of Parliament pertinent to the Subjects of which I am to speak I come now to the Second thing I proposed to your Audience which was the Rights and Priviledges belonging to the Power and Jurisdiction of the Parliament in which I shall observe these particulars First to consult and consider of what Laws are fit to be made and Enacted in this Kingdom for the good Government thereof is one Priviledge belonging to the Power and Jurisdiction of this High Court. Secondly to Justifie or abrogate repeal make Void to ratifie and Confirm Establish and Maintain Laws Statutes and Ordinances made and Enacted by precedent Parliaments by Councils of State or other Courts of Judicature is a second Priviledge pertaining to the Power and Jurisdiction of the Parliament Thirdly To give Subsidies to raise Taxes to impose Loans and other charges upon the Subject is another Priviledge belonging to the Power Jurisdiction of the Parliament Fourthly to Accuse or Impeach any Incendiaries or Delinquents in this Kingdom of any Crime notorious tending to the prejudice of his Majestie or any of his Loyal Subjects whether it be for Treason or other wayes be they Members of the Parliament or no is another Priviledge belonging to the Power and Jurisdiction of the Parliament Fifthly and lastly To prosecute and bring to Judgment such Persons so Accused or Impeached for any Crime whatsoever is another Priviledge belonging to the Power and Jurisdiction of this Court. And thus much of the Rights and Priviledges belonging to the Power and Jurisdiction of a Parliament And now Mr. Speaker I come to the last thing I Mentioned to you concerning the Priviledges belonging to the Continuance and Free sitting till all things be concluded of for the Good Government of Church and State in which I shall also observe these particulars First that for a Parliament when Freely called and Assembled by Royal Authority not to be to debate or argue any one particular business appointed by any person whatsoever is one Priviledge belonging to the Continuance of a Parliament Secondly Not to break off or dissolve a free Parliament until all the Grievances and oppression of all his Majesties Loyal Subjects be fully redressed and Remedied is a Second Priviledge belonging to the continuance of Parliament Thirdly Not to break off or dissolve a Parliament till all Incendiaries and Delinquents in the State be brought to condigne punishment for their Crimes Fourthly and lastly To Accuse or Impeach any Member of the Parliament thereby to hinder and interrupt the Legal Proceedings thereof in the Weighty Affairs of the Common-Wealth is another Priviledge belonging to the Continuance of a Parliament And thus having briefly declared to you the Power and Jurisdiction of a Parliament above all other Courts of Judicature in this Land the Wisdom and Policy of a Parliament above all other Councils the Rights and Priviledges of a Parliament in respect of the free Votes and Judicature thereof the Power and Jurisdiction thereof and the free continuance thereof I humbly leave to the Consideration of this House whether the accusation of these Gentlemen accused by his Majesty and the illegall breaking open upon this their Accusation of thir Chambers Truncks and studies be not a breach of some of the Priviledges of Parliament which I have Mentioned unto you I have nothing to say against the Real Priviledges of the High Court of Parliament but certainly that of a Parliaments sitting till all pretended Grievances are Redressed which is tantamount to sitting perpetually since there will be alwayes such Pretences is so far from being a Real Privilege of Parliament that among all the Rolls and Records of our Parliaments there cannot be found one single Instance of any Parliament that pretended or laid Claim to such a Privilege And there cannot be a more demonstrative Agreement against this
then the very Act which this Parliament obtained from the King that they should not be dissolved or prorogued by the King without their own Consent which was a plain Confession that till his Majesty had in this Particular by giving the Royal Assent to that fatal Bill limited the undoubted Power of his Prerogative it was an inherent Right annexed to the Imperial Crown of this Realm that the King was the sole Judg of the Calling Continuance and Dissolution of Parliaments And though some Seditious Pens and particularly the Apostate Author of the Life of Julian the Apostate have taken great Pains to revive and furbish up this Opinion and to reflect upon his present Majesty as the Rebels of this Parliament did upon his Royal Father for breaking up of some Mutinous and Troublesome Parliaments in the beginning of his Reign which plainly shews them to be of the Temper of the ill Men of those ill times yet I think they ought to stay before they Preach this Doctrine to the People for a true Privilege of Parliament till they have got such another Act of Perpetuation in one Hand and a Sword to maintain it in the other which is the only Argument that at long run such Seditious People must have Recourse to and I hope it may be some time before such another Act will be obtained and longer before they can get the Power of the Sword to maintain it And certainly were there no other Inconveniences yet the dismal Effects which the continuance of this Parliament brought upon the King and Kingdom to the intire Ruin of the Government Laws Liberty and Property of the English Nation are sufficient to give all Loyal and Honest Subjects very terrible Apprehensions not only of the thing it self but that the Persons who revive and propagate such Opinions must have Designs to compass and effect the same Mischiefs over again which like an Inundation drowned the Kingdom in Blood by the Breach of this Bank of Royal Prerogative of the Kings being the sole Judg of the continuance and dissolving of Parliaments Mr. Glyn's Speech upon this Subject was as followeth Mr. Speaker WE sit now upon that grand business of the Breaches of the Rights and Priviledges of Parliaments which are so many and great Mr. Glyn's Speech about Breach of Priviledges Jan. 5. 1641. so carefully preserved and defended and having in former times severely punished the infringers thereof that I had thought and conceived that no Subject of what degree or dignity soever would either in their own persons or by misinforming his Majesty concerning the same would have presumed to have intrenched in the least measure upon the free Liberty Rights and very Beings of Parliaments or tending to the Breach thereof But Mr. Speaker I perceive the perverseness of divers persons in places of Authority that they dare not only presume to provoke his Majesty by their politick mis-informations but dare attempt of themselves to resist the lawful power both of the King and his high Court of Parliament Mr. Speaker These Men notwithstanding they apparently perceive that their wicked practices and malicious designs cannot take effect according to their expectation but are rejected and detected as well by his Sacred Majesty as his Lords and his whole Council dare venture to endeavour by casting aspersions and spreading abroad evil reports not only of the Members but of the Proceedings of the House of Commons against them and others of their Adherents and Favourits in their wicked and desperate Actions and Designs against their lawful Soveraign and his Liege People I conceive Mr. Speaker did these persons but remember the many Presidents yet extant of the just and deserved punishments inflicted by former Parliaments upon such Miscreants as witness the Arch-Bishop of York the Duke of Suffolk Chief Justice Belknap and the rest of that Conspiracy in the Reign of King Edward the Second they would have prejudged to themselves the like danger would follow upon them for their evil Actions Nay Mr. Speaker did these men but consider with themselves the just judgments of God that have immediately lighted upon the necks of such as have been the troublers of Kingdoms and Common-wealth whereof they have been Members as well recorded in Sacred Writ as of late times in this Kingdom yet still in fresh Memory they would have laid their hands upon their Mouths and hearts when they went about to speak or do any thing tending to the dishonour of Almighty God in innovating of his true Religion corrupting the sincere Doctrine and discipline of Christ and his Apostles as also any thing tending to the dishonour and perpetual destruction of his Royal Majesty however otherwise they may pretend the Fundamental Laws and Liberties of this Kingdom the Rights and Priviledges of Parliaments and the very being thereof but surely Mr. Speaker they are altogether benummed and stupified their Consciences dead and seared their Lives and Conversations altogether devoted to the works of darkness and impurity their desires altogether sensual carnal and devilish forgetting God kicking and spurring with maliciousness against all Piety and Godliness or else they would never have adventured to practice such things as it is too too manifest they have done Mr. Speaker I intend to be brief in that which I am to speak concerning the Breaches of the Priviledges of Parliament First To inform his Majesty of any Proceedings in the House of Commons upon any businesses whatsoever before they have concluded finished and made ready the same to present to his Majesty for his Royal Assent thereunto is a Breach of the Priviledges of Parliament Secondly To mis-inform his Majesty contrary to the Proceedings in Parliament thereby to incense and provoke him against the same is a Breach of Priviledge of Parliament Thirdly To cause or procure any Information or Accusation to be brought or preferred without the knowledge or consent of the Parliament into the House against any of the Members thereof is a Breach of Priviledge of Parliament Fourthly To apprehend any such Accused to imprison their persons to seize upon their Goods or Estates to prosecute and proceed against them to their Tryal and Judgment to Condemn or Execute them upon such Accusation without the consent or advice of the Parliament is a Breach of the Priviledges thereof Fifthly To endeavour to cast an evil opinion of such Members Accused into the hearts of his Majesties Loyal Subjects whereby they disaffecting them may be ready and willing to put in execution any Command or Warrant for their apprehension and imprisonment is a Breach of the Priviledges of Parliament Sixthly To come in open Parliament for any Officer or Serjeant to demand and arrest any such Member accused be it of high Treason or any other Crime whatsoever without the knowledge of the whole House is a Breach of the Priviledges of Parliament Seventhly to come to a Parliament sitting in free consultation assisted and guarded with Armed Men and with them be sitting the
the Lords Committees to joyn with them to consider of a Way for Securing of both Houses by Guards as aforesaid that they may come and return and remain in safety Hereupon the Lords Committees have Voted That it is fit and necessary that there should be strong and sufficient Guards from the City of London and adjacent Parts for the securing of both Houses that they may sit in safety Secondly Their Lordships have Voted That it is a legal way for the Houses to require the Sheriffs of Middlesex and London to attend for that purpose with the Posse Comitatus and that they will Report these Votes to the House of Commons accordingly And the Lords Committees meeting with the Committee of the House of Commons the 10th of this instant January were of Opinion That Guards are necessary to be placed before the Committee for Irish Affairs do sit at Westminster and for the manner of ordering of the Guards they referred it to the Common-Council of the City of London And their Lordships will Report to the House of Lords That the placing of those Guards for the safety of the Irish Committee is in their Opinion an acceptable service to the Common-wealth Which Report being made it was confirmed by the House and the several Votes approved and Ordered accordingly Then the Lord Steward Reported the Kings Answer touching the desire of both Houses concerning Guards which Answer was read in these words WE having considered the Petition of both Houses of Parliament concerning a Guard do give this Answer That We will to secure their Fears Command the Lord Mayor of London The Kings answer concerning Guards to appoint 200. Men out of the Train'd Bands of the City such as he will be answerable for to Vs to wait on the House of Parliament that is to say one hundred on Each House and to be Commanded by the Earl of Lindsey it being most proper to him as being Lord Great Chamberlain who by his Place hath a particular Charge of the Houses of Parliament and of whose Integrity Courage and Sufficiency none can doubt But the Faction of the Commons were resolved to have no Guard of the Kings but one of their own appointment Order for a Guard of the Train'd Bands to be Commanded by Major Skippon for upon a Vote of the Commons to this purpose it was Ordered That the Sheriffs of London and Middlesex be hereby required to send two Companies of the Train'd Bands of the City of London and County of Middlesex under the Conduct of Serjeant Major Skippon to attend both Houses of Parliament every day for security of the Parliament until both Houses do give order to the Contrary Directed to the Sheriff of the City of London and Middlesex A Message was brought up by Sir Philip Stapelton who brought up a Bill which had passed the House of Commons Intituled An Act declaring That the Lords and Commons may Adjourn themselves respectively to any Place 2. To let their Lordships know that the House of Commons are informed that there is at Hull a Magazin of Arms of the Kings for 16000. Men and proportionable Ammunition But in regard no great strength is in the Town and that the Countrey about is full of Papists ill affected The House of Commons desires their Lordships to joyn with them that some Companies of the Train'd Bands next adjoyning to Hull be forthwith put into that Town for the Safeguard of that Town and the Magazin there and the said Train'd Bands to be under the Command of Sir John Hotham Knight who hath the Command of that Town already by Patent from the King Whereupon it was Ordered Order for Sir John Hotham to keep the Town of Hull That some of the Train'd Bands of Yorkshire nearest to Hull in the said County under the Command of Sir John Hotham Knight shall with all speed be put into the Town of Hull for the securing of the Kings Magazin there and the said Town and hereof the said Sir John Hotham is by Virtue of this Order Commanded to perform accordingly And the said Sir John Hotham is to Command the Town and Forces therein and all Parties whom it concerns shall give their Obedience unto the said Sir John Hotham and his Ministers And lastly That Sir John Hotham or whoever he shall appoint under him shall not deliver up the Town of Hull or Magazin there or any part thereof without the Kings Authority Signified unto him by the Lords and Commons Assembled in Parliament Directed to Sir John Hotham the Elder The Vizor now began to drop off apace for the plain English of this and the former Order for a Guard was that the King was only to have the Name but the two Houses were to have the Substance of the Royal Authority And certainly no men ever moved by more Regular Steps towards Rebellion they had pretty well Exhausted his Majesties Stores for the Service of Ireland and now they were resolved to Secure the Rest The Tower of London hung still mightily in their Light and though the King had Displaced Lunsford yet Sir John Byron the present Lieutenant who was a Person of great Loyalty Courage and Gallantry was by no means agreeable to their Liking or Designs and therefore the next attempt was to get quit of him and a Confiding man a Creature of the Faction placed in that Important Command as we shall presently see Then the Act An Act for the Lords and Commons to adjourn themselves to any place passed the Lords declaring that the Lords and Commons may Adjourn themselves respectively to any Place was read twice and after a short debate a third time and upon the Question it was consented to to pass as a Law From whence it is observable that even this Parliament who had gotten an Act that they should not be Prorogued or Dissolved without their own Consent yet did not think they had Power without the Royall Assent to an Act of Parliament to Adjourn themselves to any other Place from Westminster whither they were by Writ Summoned to Assemble and Sit and which likewise is a Concession that it was so solely in his Majesties Power though not to Dissolve them yet to have Adjourned them to some other Place less Factious and Troublesom then at that time London was A Petition was presented this day to the Lords from the Inhabitants of Bucks as follows To the Right Honourable the House of Peers now Assembled in PARLIAMENT The humble Petition of the Inhabitants of the County of Bucks Bucks Petition to the Lords Jan. 11. 1641. SHEWETH THat whereas we hoped upon the happy Assembling of this present Parliament we should have had a speedy Redress of those Pressures we have for many Years been under but have been hitherto in great Measure Frustrated of your hopes by the strong Counter-working of a Malignant Faction whereby the perfecting of Reformation is hindred the endeavours of the House of Commons in great
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
Arrest or Trouble any of them for so doing he doth thereby break the Priviledges of Parliament violate the Liberty of the Subject and is hereby declared an Enemy of the Common-wealth Which Vote was carried up to the Lords by Sir Philip Stapleton for their Concurrence to it which they not only readily gave but also their thanks to the Citizens as this rude Multitude out of the Suburbs and adjacent Countries had the honour to be stiled for the acceptable Service of this day Sergeant Major General Skippon and the other Captains of the City of London were also called in to whom Mr. Speaker declared as followeth Thanks given to Skippon and the Captains That this House did take special notice of the great Care and Affection expressed by them both in the safeguard of the Committee while they sate in London and for the performance of that great Service of theirs this day to the House and Common-wealth for which he was Commanded by the House to give them thanks and further to acquaint them that for their better satisfaction that the House had Voted that the actions of themselves and other the Citizens of London in preserving the Priviledges of Parliament and the Members thereof were done according to the Law and their Duty and Protestation It is one of the most Elegant Expressions of the Royal and Divine Poet when he couples so significantly the Raging of the Sea with the Madness of the People and certainly never was there raised a more violent Storm then this which was blown up by the Tempestuous Breath of the Faction and such was the Ambition of the Populacy to signalize themselves upon this occasion that they looked upon it and lamented it as a misfortune not to have the principal part in the Actions of this days Tumultuous Solemnity as appears by the following Petition which as a favour to their good intentions was by Vote of the House entred upon the Commons Journal in these Terms To the Honourable the House of Commons in Parliament Assembled The Humble Petition of the Trained Bands and other Inhabitants of the City of Westminster Sheweth THat your Petitioners to their great and unexpressible Grief Westminster Trained Bands Petition lying under many heavy Pressures and Distractions but especially for that there have been some Doubts and Jealousies raised of your Petitioners Duty and Affections to this Honourable House your Petitioners though the last yet not the least either in Love or Obedience have thought fit hereby humbly to desire your protection in these great Dangers and to assure this Honourable House that as there are none who do more affectionately Love so there shall not be any who shall more readily Obey and Observe the Commands of the same nor more willingly expose both their Persons and Estates for defence of the Rights and Priviledges of Parliament wherein your Petitioners humbly conceive do consist the Security of Reigion the Safety of His Majesties Royal Person and the due Execution of the Laws In real Testimony whereof your Petitioners humbly offer their Service to this Honourable House when it shall please them to Command it And humbly pray almighty God to Crown your unwearyed endeavours with happy and good success A Petition was also delivered in the Name of the Inhabitants of the County of Bucks by divers Gentlemen at the Bar which was also by the Vote of the House Ordered to be Entred as followeth To the Honourable the Knights Citizens and Burgesses of the House of Commons now Assembled in Parliament The Humble Petition of the Inhabitants of the County of Bucks Sheweth THat whereas for many Years past we have been under very great pressures Bucks Petition Jan. 11. 1641. which are clearly set forth in the late Remonstrance of the House of Commons the Redress whereof which hath for a long time been by you indeavoured with unwearied Pains though not with answerable Success having still your Indeavors frustated or retarded and we deprived of the Fruit thereof by a Malignant Faction of Popish Lords Bishops and others And now of late to take from us all that little hope was left of a future Reformation the very being of the Parliament shaken and by the mischievous Practises of most wicked Counsellors the Priviledges thereof broken in an unexampled manner and the Members thereof unassured of their Lives in whose safety the safety of us and our Posterity is involved we held it our Duties according to our late Protestation to defend and maintain the same Persons and Priviledges to the uttermost expence of our Lives and Estates to which purpose we are now come to make the humble tender of our Service and remain in Expectation of your Commands and Orders to the Execution whereof we shall with all alacrity Address our selves ready to live by you or Die at your Feet * * The King not excepted against whomsoever shall in any sort illegally Attempt upon you May it therefore please this Honourable Assembly to assist the Ardent Prayer of your Petitioners that the Popish Lords and Bishops may be forthwith outed the House of Peers That all Privileges of Parliament yours and our Posterities Inheritance may be confirmed to you And that all evil Counsellors the Achans of the Common-Wealth may be given up to the Hand of Justice without all which your Petitioners have not the least hopes of the Kingdoms Peace or to reap those glorious Advantages which the 14 Months Seed time of your unparalell'd indeavors hath given to their unsatisfied Expectations So your Petitioners shall be bound to pray c. The Petitioners being called in Thanks to the Bucks Petitioners Mr. Speaker acquainted them That this House had read their Petition and finds in it an Expression of great Affection for the maintenance of the Priviledges of Parliament with their Lives and Fortunes and that the House hath commanded him to return this Assurance from them That they shall also spend their Lives and Fortunes in maintenance of Religion the Priviledges and Liberties of the Subjects of those Counties Cities and Burroughs for which they serve ond for the Petition it self they will take it speedily into Consideration Then they desired leave to speak a Word more which being granted they said They had a Petition to deliver to his Majesty which they humbly desired this House to present for them or to direct them the best way and manner how to present it Which Petition being received and read and they called in again Mr. Speaker said that the House had commanded him to acquaint them That their Demeanor and Carriage hath been so fair in this Business and their Judgment and Discretion are such as this House makes no doubt but they know how to present it to his Majesty If 10 or 12 go with it it is conceived it will be most convenient The galloping Bill to enable the two Houses to adjourn themselves was thrice read and then posted up to the Lords where it
rid three Stages more as before is mentioned in order to the Royal Assent The Petition of the Inhabitants of Bucks which was delivered to his Majesty at Windsor was in these Words To the Kings most Excellent Majesty The humble Petition of the Inhabitants of the County of Buckinghamshire Sheweth THat your Petitioners having by vertue of your Highness Writ chosen John Hampden Knight for our Shire Bucks Petition to the King concerning Hampden in whose Loyalty we his Countrymen and Neighbours have ever had good cause to confide However of late to our no less amazement then grief we find him with other Members of Parliament accused of Treason And having taken to our serious consideration the manner of their Impeachment we cannot but under your Majesties favour conceive that it doth so oppugne the Rights of Parliament to the maintenance whereof our Protestation binds us that we believe it is the malice which their zeal to your Majesties Service and the State hath contracted in the enemies to your Majesty the Church and Common-wealth hath occasioned this foul Accusation rather then any deserts of theirs who do likewise through their sides wound the Judgment and Care of us your Petitioners and others by whose choice they were presented to the House Your Petitioners therefore most humbly pray that Master Hampden and the rest that lye under the burden of that Accusation may enjoy the just Priviledges of Parliament And your Petitioners shall ever pray c. To which his Majesty returned this Answer Windsor 13 Jan. 1641. HIs Majesty being graciously pleased to let his Subjects understand his care not knowingly to violate in the least degree any of the Priviledges of Parliament hath therefore lately by a Message sent by the Lord Keeper signified That he is pleased because of the doubt that hath been raised of the manner to Wave his former proceedings against Master Hampden and the rest mentioned in this Petition concerning whom his Majesty intends to proceed in an unquestionable way And then his Majesty saith It will appear that he had so sufficient Grounds to question them as he might not in Justice to the Kingdom and honour to himself have forborn and yet his Majesty had much rather that the said Persons should prove Innocent then be found guilty However he cannot conceive that their Crimes can in any sort reflect upon those his good Subjects who elected them to serve in Parliament It is Incredible what Advantages the Faction made of this Action of his Majesties in going to the Commons House in Person it shocked even many of his best Friends to that degree that they knew not what Construction to make of it insomuch that the Lord Mayor Aldermen and Common-Council Men Many of which were Loyal Men yet in this Epidemical Petitioning time they were also seized with the Petitioning Disease for however warrantable modest Petitioning may be yet this sort of it was really the Effect of a distempered and crazy State and did extremely promote all the insuing Mischiefs and that State Calenture for which England was forced to bleed so severely The Petition together with his Majesties most excellent Answer were as follows To the Kings most Excellent Majesty The humble Petition of the Mayor Aldermen and Common Councel of the City of London MAy it please your most excellent Majesty The Petition of the Lord Mayor c. of the City of London concerning the Kings going to the House of Commons the often expressions of your most gracious acceptance of the manifestation of the Petitioners duty and loyalty and the frequent Declarations of your Majesties great care of the good and welfare of this City and of the true Protestant Religion and of protecting and preserving the Persons and Priviledges of your great Councel assembled in the high Court of Parliament Each encouraged the Petitioners to represent the great Dangers Fears and Distractions wherein the City now is by reason of the prevailing progress of the bloudy Rebels in Ireland fomented and acted by the Papists and their Adherents and want of Aid to suppress them and the several intimations they have had both Forreign and at Home of the driving on of their Designs tending to the utter ruin of the Protestant Religion and of the Lives and Liberties of your Majesties loyal Subjects the Putting out of Persons of Honour and Trust from being Constable and Lieutenant of the Tower especially in these times and the Preparations there lately made the fortifying of Whitehall with men and Munition in an unusual manner Some of which men with provoking language and violence abused divers Citizens Passing by and the drawing divers swords and therewith wounding sundry other Citizens in Westminster-hall that were unarmed the late endeavours used to the Inns of Court the calling in divers Canonneers and other assistance into the Tower the late Discovery of divers Fire-works in the hands of a Papist and the mis-understanding betwixt your Majesty and Parliament by reason of misinformation as they humbly conceive Besides all which the Petitioners fears are exceedingly encreased by your Majesties late going into the House of Commons attended with a great multitude of armed men besides your ordinary Guard for the apprehending of divers Members of that House to the endangering of your Sacred person and of the persons and Priviledges of that Honourable Assembly The effects of all which Fears do tend not only to the overthrow of the whole Trade of this City and Kingdom which the Petitioners already feel in a deep measure but also threatens the utter ruine of the Protestant Religion and the Lives and Liberties of all your loyal Subjects The Petitioners therefore most humbly pray your Sacred Majesty That by the advice of your great Councel in Parliament the Protestants in Ireland may be speedily relieved The Tower put into the hands of persons of trust That by removal of doubtful and unknown persons from about White-hall and Westminster a known and approved Guard may be appointed for the safety of your Majesty and Parliament and that the Lord Mandevill and the five Members of the House of Commons lately accused may not be restrained of Liberty or proceeded against otherwise then according to the priviledges of Parliament And the Petitioners as in all duty bound shall pray for Your Majesties most long and happy Reign c. His Majesties Answer to the Petition of the Mayor Aldermen and Common-Councel of the City of London His Majesty having fully considered the matter of this Petition is graciously pleased to declare that being unalterably resolved to make good all his Expressions and Declarations of his care of this City Of the true Protestant Religion and of the privileges of Parliament His Majesty takes in good part the intimation given by the Petitioners of the fears and distractions wherein the City now seems to be And though He conceives He did on Wednesday at the Guild-hall satisfie most of those particulars is pleased to add this further Answer
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
with the Earl of Strafford trusting too much on the same so High is Pride that at length he presumed to oppose and set himself against the proceedings of the whole House against the said Earl Obstinately refusing to be admonished concerning the same and yet keeping his Friends many of the Lords was by his Majesty as a Baron called to their House and aspiring yet higher obtained his Princes favour not being yet acquainted with his secret Intentions by which means too confident of his safety and security in his Designs adventured openly to comply with the publick Enemies both of King and Country As especially now with this other Person of whom I am to speak this Collonel being by his Majesty advanced to that dignity and trust could not so content himself but imitating the water Toad seeing the Shadow of a Horse seem bigger then it self Swell to compare with the same and so Burst even so this Gentleman having obtained first this Place of Command and afterwards Lieutenant of the Tower and being found of such a Malignant Spirit that he was unfit and uncapable for that great Place of Trust and therefore removed taking the sameâ—â— great dishonour to his worth now endeavours by Traiterous and Desperate Actions to defend himself and be revenged of his pretended Adversaries and to that purpose they have between them joyntly raised Arms against the State met together in peaceable Consultations for the good of Church and Common-wealth Mr. Speaker These attempts made by these Persons are of dangerous consequence and this their Insurrection by taking up of Arms without Warrant both from his Royal Majesty and this High Court of Parliament only to do Mischief in raising Sedition and Contention thereby to preserve themselves from being called to an account for their desperate Actions and Disloyal taking up Arms will prove harder to Appease and Suppress then any Troubles we have yet suffered Mr. Speaker I conceive quick dispatch in our Intentions for the Apprehending and Suppressing these Persons is the only means to prevent future danger And to that purpose I desire to present to your considerations these particulars 1. That Warrants may Issue forth for the speedy and private apprehending of them in what places soever they shall be found and immediately to bring them before the House 2. If this cannot be effected to Issue forth Proclamations for their calling in within a certain time perfixed under penalty of being Prosecuted and Proceeded against as Traytors to their King and Country 3. That Warrants be forthwith sent for the Guarding and Securing of all the Ports of this Kingdom and for the Intercepting of all Paquets or Letters intended to be conveyed into Forraign Kingdoms or any brought from thence hither 4. That Order be sent down into the several Counties of this Kingdom where it is suspected either of these Persons have any Friends or Favorites well-wishers to their Cause with command to the Sheriffs and several Officers of such Counties to stand upon their Guard and to raise Force for their own Defence and Safety and to endeavour by all means Possible to apprehend and suppress them and such of their Conspiracy as shall be taken presently to be sent up to this House to be Examined and Prosecuted according as they shall be found 5. That Order may be made by the Parliament that no Officer that shall be found to have a hand in this Plot may be imployed in any Service of publick Command either for Ireland or any other of his Majesties Dominions or any private Affairs of this Kingdom 6. That we may without further delay proceed to Sentence against all Delinquents by this Honourable House accused for any Crime whatsoever in whose Defence or for whose cause these Persons now accused pretend to take up Arms. 7. That his Majesty may be moved Graciously to be pleased to declare himself against these Persons and all others that do any ways pretend to his Authority or Warrant for what they do 8. And Lastly His Majesty may be moved to avert his intended Journey for Portsmouth for the safety and security of his Royal Person til such time as their dangers be removed and the Peace and Vnity of all his Majesties Loyal Subjects be procured and settled And thus Mr. Speaker having presented such things to this House which I humbly conceive to be necessary to suppress and prevent this new danger threatned by those two Disaffected and Male-contented Persons the Lord Digby and Collonel Lunsford I leave the same to the further consideration of this Honourable House desiring from my heart that it would please God to end all the Troubles and Distempers of this Common-wealth and that this High Court of Parliament may prove the firm Settlement of all things amiss both in Church and State After this Mr. Pierpoint Reports from the Committee appointed yesterday for putting the Kingdom into a Posture of Defence That the Opinion of the Committee was Mr. Pierpoint's Report concerning Posture of Defence and the Commons Vote upon it and so it was by the House Resolved upon the Question That the Knights and Burgesses of the several Counties shall by two of the Clock this afternoon deliver in the Names of such Noble Persons as they think fit to be appointed Lord Lieutenants in the several Counties and that those Gentlemen of this House that have Estates in the Bishoprick of Durham shall nominate such a one as they shall think fit to be Lord Lieutenant in that County Sir Richard Cave then acquainted the House That according to the Command of the House he had returned thanks to the States Embassador for his affections Expressed to the service of this State Who answered That he thinks himself much honoured by the acknowledgements of his service from this House and knows that the desires of this House will be upon all occasions very acceptable to his Masters the States It was also Ordered That Alderman Pennington and Mr. John Goodwin do speak with the Executors of Sir James Cambell and to desire them from this House that in the disposing of the Estate which Sir James Cambell hath given for Charitable Vses they will specially take into consideration the War in Ireland which will be an acceptable service to the Common-wealth Serjeant Wild then Reported the Conference had on Thursday night last with the Lords concerning Mr. The Examination of Mr. Attorney General Reported by Serjeant Wild. Attorney's Exhibiting Articles in the Lords House against Members of this House The Conference consisted of two Parts First the Narrative Part That these Articles Exhibited by Mr. Attorney and entred in the Lords House was a Breach of Priviledge of Parliament and that in due time this House would desire that Justice may be done upon Mr. Attorney The Second Part was to Examine Mr. Attorney upon certain Questions and to receive his Answer First He being asked Whether he Contrived Framed or advised the said Articles or any of them if not then
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
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
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
will continually disturb the Peace of that Kingdom as well from hence as from Forreign Powers for no way will be left unattempted by them whereby the Peace of that Kingdom may be disturbed and then of necessity England must be forced to undertake a new conquest of this Kingdom for a politick Reformation will then become impossible and to make a new Conquest will be now more difficult and chargeable then in any former times in reguard the Ports and Inland Towns and the Principal Strengths will be immediately lost as some of them already are which are now more in number by much then were here in former times and the People better disciplined in the rules of War besides many other advantages they have as well by the return hither of Commanders of the Irish who served in Forreign Nations as otherwise which they wanted in the time of former Rebellions there and besides all the meer Irish now in the Service of the King of Spain will undoubtedly return hither to joyn with the Rebels And so we humbly take leave and remain from his Majesties Castle of Dublin 5. November 1641. Your most Honourable Lordships humbly at Commandment Will. Parsons Jo. Borlase J. Dillon Ant. Midensis Jon. Kaphâ—e Cha. Lambart Ad. Loftus J. Temple Cha. Coote P. Crosbie Tho. Rotherham Ja. Ware Rob. Meredith A Letter of the same Date was also sent to the Speaker of the House of Commons A Letter from the Lords Justices Council in Ireland to the Speaker of the H. of Commons No. â—th 1641. in these words SIR SVch are the present Calamities under which all the English and Proâ—â—stants in Ireland do now suffer as if Supplies of Men Money and Arms come not speedily forth of England hither it cannot be avoided but the Kingdom must be lost and all the English and Protestants here destroyed wherefore as we have now humbly represented the same more fully to the Lords of his Majesties most Honourable Privy Council and formerly to his Majesty and to the Lord Lieutenant of this Kingdom so we adjudge it fit by these our Letters to you to make it known to the Honourable the Commons House of Parliament there who cannot but foresee the many other grievous and Lamentable Consequences which the loosening of this Kingdom must unavoidably bring to England and certainly this Kingdom and the Lives of Vs all here and all the Protestants in the Kingdom were never in so great Danger to be lost as at this instant no age having produced in this Kingdom an example of so much Mischief done in so short a time as now we find acted here in less then a fortnights space by Killing and Destroying so many English and Protestants in several Parts by Robing and Spoyling of them and many thousands more of his Majesties good Subjects by Seizing so many Castles Houses and Places of Strength in several Parts of the Kingdom by threatning the English to depart or otherwise that they will destroy them utterly and all their Wickedness acted against the English and Protestants with so much Inhumanity and Cruelty as cannot be imagined to come from Christians even towards Infidels We comfort our selves with this hope That by the Blessing of God on the Wisdom of that Honourable House we may have sudden and full Supply from thence whereby we may be enabled to preserve the Kingdom and consequently prevent the further Lamentable Mischiefs which may otherwise follow And so we remain from his Majesties Castle of Dublin 5. November 1641. Your very assured Loving Friends Will. Parsons Jo. Borlase J. Dillon Ant. Midensis Joh. Raphoe Cha. Lambart Ad. Loftus J. Temple P. Crosbie Cha. Coote T. Rotherham Ja. Ware Rob. Meredith Sp. of Com. And after this another Letter was dispatched to the Speaker of the House of Commons which spoke this Language A Letter from the Lords Justices Council of Ireland to the Speaker of the H. of Commons No. 13th 1641. SIR BY Letters from the Lord Lieutenant of this Kingdom we observe how sensible the Honourable Commons House of Parliament there is of the Insolencies of the Rebels here and of the present danger of the whole State and Kingdom and the readiness and forwardness wherewith that Honourable House hath ordeined Aids and Supplies for us which exceedingly Comfort us amidst the Distresses wherein we now stand And we crave leave as to acknowledg with most hearty thanks to that Honourable House the High Favour we have therein received and our joyful apprehension thereof so to intreat most earnestly that the Supplies may be hastened unto us with all possible speed in such a proportion as by our Letters of the fifth of November to the Lord Lieutenant we humbly moved and in such manner as by our Letters now sent to his Lordship we humbly desire wherein if all possible speed be not used the deliverance intended by that Honourable House to this State and Kingdom may be prevented and so the Cruel and Barbarous Rebels become possessed of the Kingdom which we Submit to the deep Judgement of that Honourable House And so we remain from his Majesties Castle of Dublin 13. November 1641. Your very assured Loving Friends Will. Parsons Jo. Borlase Ormond Ossery J Dillon Cha. Lambart Ad. Loftus Gerrard Lowther P. Crosbie Ja. Ware Rob. Meredith Sp. of Com. House But the Parliament of England as may be observed before in the preceeding Transactions of the two Houses though they made a mighty bustle and noise about relieving of Ireland made but very slow steps towards the Suppressing of the Rebellion in good Earnest And notwithstanding the pressing instances and repeated Messages of his Majesty to forward that Affair they were two much taken up with the Management of their own Designs to assist that distressed Kingdom to any purpose They gave a great many good words and sent over Letters full of Promises of Men Money and Provisions but all the course they took was to borrow Money of the City of London and the Merchants which was not considerable for such a Work and for Men though the King offered presently to raise 10000. Volunteers if the two Houses would undertake to pay them they would by no means hear of it but did all they could to discourage those Levies by questioning such as beat up Drums for Volunteers for that Service By this means and by some other Actions before recounted this Rebellion which was at first but a few Sparks and might without difficulty have been Extinguished grew to be an Universal Flame And nothing can be more evident then that how general soever the Conspiracy was many of the Irish stood at Gaze to see what would become of the First Commotions but observing the little Force which was in Ireland to oppose them the little probability of Succors from England the great Animosities and Dissentions and a Prospect of a Civil War in England between the King and the two Houses and being incouraged with hopes of Forreign Assistance
open Rebels of mere Irish but the Natives Men Women and Children joyn together and fall on their Neighbours that are English or Protestants and Rob and Spoil them of all they have nor can we help it for want of Men Arms and Money being fearful to separate too farr the little Strength we have here in Dublin lest we be besieged and yet we have bin necessitated this Day to send some of those we could hardly spare to deliver some of the King's Subjects in the County of Wickloe likewise to send some to Drogheda for addition of Strength so as in the mean time we must indure those publick Affronts to be put upon us Yet if the 10000 Foot and 2000 Horse which are to come from England and the 10000 Men which are to come from Scotland be sent us immediately with 200 thousand Pounds in Money and Arms to arm more Men here we conceive some hope to overcome even this next Summer this Rebellion with Honor to his Majesty and future safety to the Kingdom but if those Succors be not totally sent but lessened then the War will be drawn out into a length of time which will be more troublesom and chargeable to England and less comfortable to the good Subjects here We beseech your Lordship to send some Ingineer hither as soon as conveniently may be we being here in great want of such We also pray That the Shipping intended for guarding these Coasts may be hastned away we finding great Cause of Doubt by several Examinations taken that the Rebels expect Aids from Forraign Parts both of Men and Arms. And lastly We beseech your Lordship that all Noblemen and Gentlemen who have Estates in this Kingdom and are now in England may be commanded away hither to partake in the labor of Keeping as they have hitherto injoyed the Fruit of having those Estates After the Prorogation of the Parliament several Members of both Houses were deputed by Commission under the great Seal and accordingly had Instructions from the Lords Justices to treat with the Rebels but their little Successes and the ill Destiny which hung over their Heads rendred them so Insolent that those Indeavors proved fruitless and ineffectual to that Degree that in Contempt and Disdain of the Offers of Peace they tore the Order of Parliament and the Letter that was sent unto them Matters growing every day more desperate the Lords Justices and Council addressed themselves to the Speaker of the Commons House in England to press the performance of the necessary Relief which had been so often promised from thence The Letter was in these Terms SIR THe Advertisements we have from the Lord Lieutenant of this Kingdom A Letter from the Lords Justices and Council to the Speaker of the Commons House in England 27 Nov. 1641. and from you of the continued Care expressed by that Honorable House for the deliverance of this Kingdom and his Majesties faithful Subjects therein from the present Calamities under which we now groan have brought unto us great Comfort and inward Contentment And therefore we crave leave to acknowledg with all Thankfulness the great Wisdom and Piety therein manifested by that Honorable House to the preservation of God's true Religion the Glory of his Sacred Majesty the Honor of that Nation and the prepetual Comfort of all his Majesties faithful Subjects It yet remains that all possible Speed be used in hastning unto us the Succors designed for us lest otherwise they come too late to derive to this Kingdom the benefit intended them by that Honorable House and so We remain From his Majesties Castle of Dublin 27 November 1641. Your very assured loving Friends William Parsons La. Dublin J. Dillon Adam Loftus Ja. Ware Ormond Ossory Ant. Midensis Go. Shurley John Borlase R. Dillon Cha. Lambert J. Temple Robert Meredith Whilest the Rebels thus daily increased in Success and consequently in strength and Numbers and that Supplies were very slowly advanced in England Earl of Ormond made Lieutenant General of the Army in Ireland and the Earl of Leicester designed by his Majesty for that Government made no great hast the slowness of the Parliaments Preparations indeed not permitting him to repair to that important and now dangerous and now troublesome Charge he by the King's Approbation made the Earl of Ormond Lieutenant General of the Army and accordingly sent him a Commission to that purpose And doubtless both his Quality and great Interest in that Nation and a Fidelity to the Crown of England drawn down from so long a discent of Illustrious Ancestors of most approved Loyalty as well as the particular esteem which the Wise and Noble Earl of Strafford had entertained of his promising Merits gave his Majesty a full Assurance and Satisfaction in that Choice which as afterwards those greater Trusts which his Majesty was pleased to confer upon him he discharged with that extraordinary Prudence Courage and matchless Loyalty as will for ever set his Reputation and Honor among the Chief of those great Names who have been transmitted to Posterity both for their brave and Generous Actions and admirable Constancy in suffering all the Miseries of an adverse Fortune rather than comply with such terms as might blemish and fully their Memories with the least stain of disloyalty or infidelity to their Religion Prince and Country as the Part which his Lordship had both in the better and more sinister Fortune of his King and Country will in the Ensuing History make most evident His Lordship being vested in this Command made all the application he was capable of and the narrow Circumstances of Affairs would then admit to put things into a Posture to oppose the Rebels and accordingly Levies of Men were made at Dublin and divers of the poor people who from all Parts came flocking thither for Sanctuary being dispoiled by the Rebels were formed into Companies and Regiments but they were a sort of raw unexperienced and dispirited Men and not likely to prove good Souldiers in so short a time as the Event justified For the Rebels under the Command of Sir Phelim O Neal drawing down towards Tredagh upon which Place they had fixed their chief Design the Lords Justices upon Information from Sir Henry Tichburn the Governor there resolved to send a re-inforcement to that Garrison which was a Place of such Importance as that upon the preservation or loss thereof depended in a great measure the Fate of the whole Kingdom Accordingly 600 Foot under the Command of Major Roper and a Troop of Horse under the command of Sir Patrick Weames were immediately ordered to March for Tredagh the very day that they parted from Dublin there was an Advertisement brought to the Board that some of the Rebels Army was passed over the River Boine with an Intention to intercept them in their Passage whereupon the Earl of Ormond by Direction from the Council dispatched an Express to advertise them thereof and from thence to pass on to Tredagh and
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
since we find there is little hope of it for some of the Priests are returned nothing being wrought thereby However it is fit your Lordship should know what we do we must now crave leave to declare to your Lordship That things being risen here to this height threatning not only the shaking of the Government but the loss of the Kingdom as the Supplies of Men Arms and more Treasure are of great necessity to be hastned away hither so is it also needful that we enjoy your Lordships presence here for the conduct in your own person of the great and important Affairs of this State as well in the Martial as in the Civil Government which do necessarily require it in this time of great imminent danger wherein so far as we may be able to contribute any assistance with you we shall be ready to discharge our duties therein with that loyalty and uprightness of heart which we owe to his Majesty and the particular respect due from us to your Lordship but we hope you will bring that strength with you which may befit the greatness of the King our Master to send with his Lieutenant against so numerous Enemies as these Rebels are become as well for the Honour of his Majesty as for the terror of those Rebels By what we have heretofore and now humbly represented to your Lordship you may in part see the greatness of the publick danger wherein this Kingdom now stands and particularly this City and Castle the principal piece thereof that if those be lost which we now again assure your Lordship were never in so great peril to be lost since the first Conquest of this Kingdom by the Crown of England the whole Kingdom must quickly follow that the danger which must thereupon arise to the Kingdom of England is very great in many Respects There is no possibility to prevent those Evils with Honor and Safety to England but by Succors from thence or Scotland or both and that if those Succors come not speedily it cannot be avoided but the Kingdom must be lost And if notwithstanding all this so often and truly made known by us to your Lordship we shall perish for want of Supplies we shall carry this Comfort with us to our Graves or any other Burial we shall have That your Lordship can witness for us to the Royal Majesty and to all the World that we have discharged our Duties to God to his Majesty to that Nation and to this in humbly representing to his Majesty by your Lordship the chief Governour of the Kingdom the Extremities and Dangers wherein his Kingdom and People stand and the necessity of hastning Supplies hither by all possible means for preservation of both so as whatever become of our persons our memory cannot be justly stained with so wretched a breach of Faith and Loyalty to the King our Master as to forbear representing thither the Extremities wherein we are whether we have the Credit to be believed or no and that we write Truth and most needful Truth will be found true when perhaps we shall perish and which is more considerable the Kingdom also for want of being Relieved and Succoured in time And so we remain Your Lordships to be Commanded William Parsons Ormond Ossory Char. Lambert John Temple Francis Willoughby Jo. Burlace R. Dillon Ad. Loftus Charles Coot R. Meredith From his Majesties Castle of Dublin 14 December 1641. Postscript BY our Letters to your Lordship of the 22. of November We did desire to be informed from thence Whether the Parliament here being once Prorogued may not again be Prorogued by Proclamation before they Sit or whether it be of necessity that they must Sit again and the Parliament to be Prorogued the House Sitting And now that this Rebellion hath over-spread the whole Kingdom and that many Members of both Houses are involved therein so as the Parliament cannot Sit We humbly desire to know his Majesties Pleasure therein and if his Majesty shall think fit to Prorogue it which at present we hold expedient that then we may receive his Commandment for Prorogation and that the doubt concerning that be cleared for to assemble at that time cannot be with Safety Our Letters of the Third of December have been hitherto with-held on this side by contrary Winds The Propositions mentioned in this Letter for a Treaty by Sir Thomas Carey and Dr. Cale a Doctor of the Sorbon were First That there should be a Toleration of Religion Some Overtures for a Treaty Secondly That Popish Officers as well as Protestants should be admitted to all Employments Thirdly That the wrongs of Plantations should be repaired since 1610. Fourthly That there should be a Proclamation to take off the File the Title of Rebels and Traitors But Sir Phelim O Neil would not be perswaded to condescend to any manner of Treaty unless the Lord Mac-guire Mac-Mahon and the other Prisoners in the Castle were first set at Liberty which the Board rejecting with Contempt and Indignation that Overture died almost as soon as it was born Though it now began to be notorious that the Lords of the The Board Vindicates Sir Charles Coot and themselves from the Imputation of the Lords of the Pale Pale were deeply in the Conspiracy yet to take away their pretences the Board published a Proclamation and sent it to those Noblemen wherein it was positively Affirmed That the Lords Justices and Council did never hear Sir Charles Coot or any other utter at the Council Board or elsewhere any Speeches tending to a Purpose or Resolution 〈◊〉 Execute on those of their Profession or any other a general Massacâ—â— nor was it ever in their thoughts to dishonour His Majesty or the State by such an Odious Detestable and Impious Action giving them assurance of their safety if they would repair to Dublin the 17th of that Month. In Answer to which The Answer of the Lords of the Pale the Lords of the Pale return a Letter to the Lords Justices wherein they complain That they were so justly affrighted with Sir Charles Coot's severity and deportment that they durst not adventure their persons within the Confines of his Government they heavily charge upon him the inhumane acts perpetrated in the County of Wickloe the Massacre of Santry and the burning of Mr. King's house at Clantorfe contrary to the Publick Faith given but the day before for which severity they said they did not blame their Lordships but Sir Charles Coot for his Rigor in the Execution and therefore desire that no sinister Construction may be made of their stay but that they may have some Commissioners appointed to confer with them concluding with professions of their Loyalty and readiness to give their advice for the advancement of His Majesty's Service and the Common Peace of the Kingdom But though they did not proceed to open Hostilities chusing rather to force the Government to be the Aggressors yet they began to form themselves into a
distinct Body of an Army and thereupon declared the Lord Gormanston General of the Forces to be raised in the Pale Hugh Birne Lieutenant General and the Earl of Fingal General of the Horse And to straiten the City of Dublin by keeping Provisions from coming thither Luke Neterville sent two strong Parties the one to possess Finglass within two Miles of the City and the other to Santry where they lay till those at Finglass were dislodged from thence by Col. Crafford lately arrived out of England with a Recommendation from the Prince Elector Palatine under whom he had served in the Wars of Germany The dislodging of the Rebels from Finglass happened by a pretty odd Adventure for Crafford having raised a Regiment of the stripped and despoiled English who came to Dublin for Sanctuary he daily Exercised them and being a Person of a good competency of Confidence and forwardness he requested the Earl now His Grace the Duke of Ormond to take a view of them and see how well in so short a time he had improved and disciplined his Men the next Morning His Grace with about 20 Horse of his Servants and some Persons of Quality went into the Field to see them Train but when he came there he found no Men upon the place but presently after hearing some shooting and conceiving they might be marched to some more convenient place he advanced to the place where by the shooting he judged they were when he came near he saw there was a Man brought off wounded whereupon he perceived it was no matter of Jest for it seems Crafford who had resolved to signalize himself had made an attempt upon the Rebels at Finglass but his Men who had scarcely recovered the fright they had escaped were not so well in either Courage or Discipline but that they had shewed the Rebels their Backs if His Grace by the opportune appearance of this small body of Horse had not reinforced them and the Rebels having no Horse and not knowing what strength or numbers were coming upon them immediately retired and drew off from the place The other Party at Santry hearing of the approach of Sir Charles Coot consulted with their heels for the security of the rest of their Bodies and quitted the place with so much fear and haste that they left behind them the best part of their Equipage and Provisions And to add to these misfortunes under which the Government and the English Protestants were so miserably oppressed the Provinces of Munster and Connaght now followed the Example of Vlster and Lemster and broak out into actual Rebellion so that now there was not one Corner of Ireland but what was infected with this dismal Contagion the whole Body was sick and the Heart faint and languishing The landing of Sir Simon Harcourt Sir Simon Harcourt with a Regiment arrives at Dublin Decemb. 31. a brave Experienced Captain with his Regiment who arrived at Dublin the last of December raised some hopes that Assistance and Relief would come from England but those very hopes were strangely over-ballanced by the Fears lest they should come too late And these delays had like to have proved Fatal for many of the Soldiers who came out of England seeing the weak and low condition of the City and the great Strength and Numbers of the Rebels began not only to shrink from the Service which appeared so desperate but mutinuously to perswade their fellows to return for England which occasioned the Publishing of this Proclamation By the Lords Justices and Council William Parsons John Borlase WE do hereby in His Majesties Name A Proclamation forbidding Soldiers to return to England Charge and Command all His Majesties Soldiers of this Army that upon pain of Death none of them presume to depart hence for England without express License in that behalf from the Lieutenant General of the Army And we Command all Owners and Masters of Ships Barques and other Vessels that upon pain of Death none of them do permit or suffer any of the said Soldiers to go aboard them or to be carried from hence into England And we require the Searcher and all other Officers and Waiters of the Customs that they and every of them do take special Care to prevent the Shipping or Exporting of any of the said Soldiers as aforesaid whereof they may not fail Given at His Majesties Castle of Dublin the 18th of Jan. 1641. Ormond Ossory R. Dillon Ad. Loftus J. Temple Charles Coote Fra. Willoughby Rob. Meredith The Board had not been at all wanting to represent the sad Condition of their Affairs to the Lord Lieutenant and the Two Houses of Parliament in England and the Reader may have observed that upon all occasions His Majesty had indeavoured to the uttermost of the Power he had left to forward the Relief and Assistance of Ireland But the Scots stood upon high Terms being rather managed with the desire of the English Money the sweetness of which they had tasted then with compassionate Zeal and Brotherly Kindness though they affected that word mightily to afford Sudden and Seasonable Relief to Ireland which they might with the greatest ease imaginable have done from Scotland that Country lying so near as to be within a few hours Sail from thence And for the Two Houses of Parliament in England they were so wholly taken up with their own Affairs and Designs against the King which now began to ripen apace towards an open Rebellion that they had no leisure to attend the present Relief of Ireland to any purpose insomuch that the Arms and Ammunition taken out of the King's Stores for that Service could not get a conveyance to the Ports whither they were Ordered for Transportation for want of Money as was often represented to the Two Houses by the Lord Newport Master of the Ordnance as before hath been made appear from the Journals and the Men who were raised and got as far as Chester lay there also Money-bound as is evident from this following Letter written from Col. Monk afterwards the memorable Duke of Albemarle to the Lord Lieutenant My Lord I Have received one Letter from your Lordship A Letter from Col. Monk to the Lord Lieutenant of Ireland and one from your Secretary and all your Lordships Commands have been observed here are Twelve Companies of your Lordships Regiment come to Chester there is only wanting your Lordships own Company and 40 Men of Captain Cope 's Company the which 40 Men he is bringing up himself and your Lordships Regiment is 1200 marching Men in Rank and File at this present We shall want nothing for our present Imbarquing but Money and your Lordships own Company for our Men are all Armed and Shipping ready to carry them over the want of Money with us has been very great by reason we have been forced to pay our Companies our selves ever since our Arrival here We could not prevail with the Townsmen of Chester for the furnishing of us with any
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
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
will buy the same The Lord Bishop of Lincoln gave this House an Account Bishop of Lincoln Reports the Votes about the Irish Affairs what the Committees for Irish Affairs had considered of and presented some Votes and Orders of the House of Commons in which they desire their Lordships to joyn with them which were read as follows Resolved upon the Question That the House of Commons holds it fit That 20000 l. shall be forthwith supplyed for the present Occasions of Ireland out of the Moneys that are now in ready Cash or shall first come in Resolved c. That a convenient number of Ships shall be provided for the Guarding of the Sea-Coasts of Ireland Resolved c. That the House of Commons holds it fit that Six Thousand Foot and Two Thousand Horse shall be raised with all convenient speed for the present Expedition into Ireland Resolved c. That such Officers shall be forthwith sent over into Ireland for the Commanding of Men there as shall be thought fit by the Lord Lieutenant of Ireland with the approbation of both Houses of Parliament Resolved c. That a Magazine of Victuals shall be forthwith provided at West-Chester to be sent over to Dublin as the Occasion of that Kingdom shall require Resolved c. That the Magazin of Arms Ammunition and Powder at Carlisle shall be forthwith sent over to Knockfergus in Ireland Resolved c. That in Bristol and West-Chester and one other Port in Cumberland Magazines of Arms Ammunition Powder and Victuals shall be provided to be Transported into the next convenient Ports of Ireland as the Occasions of that Kingdom shall require Resolved c. That all Arms Ammunition and Powder in the Magazine at Hull Except such a proportion of Powder Bullet and Match as shall be thought fit for Supply of the Northern Counties as Occasion shall require be Transported to the Tower of London Resolved c. That a convenient Number of Engineers and Gunners shall be sent into Ireland Resolved c. That a Post shall be set up between Beaumarish and Holy-head Resolved c. That it be referred to the Kings Councel to consider of some fit way and to present it to the Houses for a Publication to be made of Rewards to be given to such as shall do Service in this Expedition into Ireland and for a Pardon of such of the Rebels in Ireland as shall come in by a time limited and of a Sum of Money to be appointed for a Reward to such as shall bring in the Heads of such principal Rebels as shall be nominated Resolved c. That Letters shall be forthwith sent to the Justices in Ireland to acquaint them how sensible this House is of the Affairs in Ireland and what Care they have taken for the Occasion of Ireland Resolved c. That the House of Commons holds it fit that a Drum shall be forthwith beaten for the calling in of Volunteers for this Service for Ireland Ordered That Directions be given for the Drawing a Bill for the Pressing of Men for this particular Service for Ireland and Mr. Serjeant Wild is desired to prepare a Bill for that purpose Ordered That the 11000 l. in ready Cash in the Chamber of London shall be forthwith paid over to the Lord Lieutenant of Ireland for the present Occasions of that Kingdom and that the Commissioners and Treasurers appointed in the Act grant forth their Warrants and Orders accordingly Ordered That the Officers and Customers of the several Ports of this Kingdom towards Ireland do make diligent Search in all Trunks and other Carriages that come to be Transported from England to Ireland that belong to any Papist or suspected person and particularly that those Trunks sent by Exeter shall be stayed and searched Ordered That the Committee for Irish Affairs of the House of Commons shall propound to the Committee of Lords to prepare Heads to be considered of how and in what manner this Kingdom shall make use of the Friendship and Assistance of Scotland in this business of Ireland After this the Lord Bishop of Lincoln acquainted the House with a draught of a Declaration to be sent into Ireland to the Lords Justices with a Letter from the Speakers of both Houses of Parliament which was read in haec verba The Declaration THe Lords and Commons in this present Parliament being advertized of the dangerous Conspiracy and Rebellion in Ireland The Declaration of the English Parliament about the Irish Rebellion by the treacherous and wicked Instigation of Romish Priests and Jesuits for the bloody Massacre and Destruction of all the Protestants living there and other his Majesties Loyal Subjects of English Blood though of the Romish Religion being antient Inhabitants within several Counties and Parts of that Realm who have alwayes in former Rebellions given Testimony of their Fidelity to this Crown and for the utter depriving of his Royal Majesty and the Crown of England from the Government of that Kingdom under pretence of setting up the Popish Religion have thereupon taken into their Serious Consideration how these Mischievous Attempts might be most Speedily and Effectually prevented wherein the Honour Safety and Interest of this Kingdom are most nearly and fully concerned Wherefore they do hereby Declare That they do intend to serve his Majesty with their Lives and Fortunes for the Suppressing of this Wicked Rebellion in such a way as shall be thought most Effectual by the Wisdom and Authority of Parliament And thereupon have ordered and provided for a present Supply of Moneys and raising the number of 6000 Foot and 2000 Horse to be sent from England being the full proportion desired by the Lords Justices and his Majesties Councel Resident in that Kingdom with a Resolution to add such further Succours as the Necessity of those Affairs shall require They have also resolved of providing Arms and Munition not only for those Men but likewise for his Majesties Faithful Subjects in that Kingdom with Stores of Victuals and other Necessaries as there shall be occasion and that these Provisions may more conveniently be Transported thither they have appointed Three several Ports of this Kingdom that is to say Bristol West-Chester and one other in Cumberland where the Magazines and Store-Houses shall be kept for the Supply of the several Parts of Ireland They have likewise Resolved to be humble Mediators to his Majesty for the Encouragement of those English or Irish who shall upon their own Charges raise any number of Horse or Foot for his Service against the Rebels that they shall be honourably rewarded with Lands of Inheritance in Ireland according to their Merits and for the inducing the Rebels to repent of their wicked Attempts they do hereby commend it to the Lord Lieutenant of Ireland or in his absence to the Lord Deputy or Lords Justices there according to the Power of the Commission granted them in that behalf to bestow his Majesties Gracious Pardon to all such as within
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
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
Counsellors and Loyal Subjects The Lieutenant of the Tower being come Lieutenant of the Tower at the Bar as a Delinquent was brought to the Bar as a Delinquent and the Lord Keeper by direction of the House asked him Why he committed the high Contempt Yesterday in refusing to attend both Houses of Parliament according to the Order served upon him Hereupon he Answered That he was between His Majesties Commands and their Lordships Order but he understanding since that the King's Command is included in their Lordships Order and one in Effect he desired their Lordships Pardon for his not coming Yesterday protesting he did it not out of any Disobedience or Contempt of the Parliament This being done he withdrew and the Lords sent to the Commons to acquaint them That the Lieutenant of the Tower had been at the Bar and the Answer he gave And after some Attendance it was Ordered That the Lieutenant of the Tower shall be dismissed of his Attendance for the present until he have further Order to attend this House The Bishops were also this day Ordered to put in their Answers upon Monday next and this Order was sent to the House of Commons by Sir Robert Rich and Mr. Page to give them Notice to be present if they think fit The Attorney General was then heard what he could say to justifie himself The Attorney General justifies his proceedings against Kymbolton c. for charging the Lord Kymbolton and the five Members that it was a Parliamentary proceeding and no breach of Priviledges And first he said That for the matter of the Charge and the framing of the Articles he had nothing to do with them neither did His Majesty advise with him therein but the bringing of the Charge into this House which he did by His Majesties Command and only in Obedience thereunto And for the Legality of this proceeding he insisted upon and opened at large the whole proceeding of the King's Attorney in the Earl of Bristol's Case 1 2 Car. which being done The House appointed to take this business into further consideration to morrow The Lord Kymbolton upon His Majesties late Message concerning himself and the five Members moved That since His Majesty waved the former proceeding the House would become Suitors to His Majesty that he may be brought to as speedy a Tryal as may be that so he might not lye under this Accusation but be cleared or judged And truly he could in no sense be blamed for that especially considering that to be well assured of the favour of his Judges must needs give any Person a desire to come to a Tryal where he hopes to be acquitted and is in very little apprehension of a Sentence The Commons having desired liberty to Examine the Attorny General The Commons desire to examin the Attorney General upon certain Interrogatories he made it his humble Request to the House That he may be excused from answering to any Questions to discover what the King hath Committed to him as secret Council where by his Oath he is bound not to reveal but what concerns himself he would willingly and ingeniously Answer unto And it was the sense of the House That if Mr. Attorney at the Conference shall desire not to Answer to some Questions as may be asked him the House will take it into Consideration whether it be fit for him to Answer or not A Message was brought from the House of Commons by Mr. Whitlock That he was Commanded to present to their Lordships a Declaration for putting the Kingdom into a Posture of Defence which having passed the House of Commons they desired their Lordships to joyn with them therein that it may be dispersed through the Kingdom Which was read as followeth WHereas the Papists and other ill affected Persons within this Kingdom A horrid Calumniating Declaration to put the Kingdom into a Posture of Defence both before and since the Parliament by many Wicked and Traiterous Designs mentioned in a Remonstrance of the State of this Kingdom have Plotted and Laboured the Confusion of this State and Government the Subversion of the Ancient and Fundamental Laws of this Kingdom and a division of the Body of this Common-wealth from the Head thereof to the End they might the better Effect their Devilish and Bloody purposes for the utter destruction of the True Reformed Religion and the Professors of the same and in further pursuance of their wicked indeavours have and daily do contrive all possible means to bring this Kingdom into the like miserable condition of that of Ireland as do clearly appear to the Lords and Commons in this present Parliament by sundry Informations and Examinations produced before them and the better to bring the same to pass here as they have already done in Ireland they secretly and cunningly work to raise disturbance in this Kingdom by high breaches of the Priviledges of Parliament plotting to have some of the Members thereof to be Accused of High Treason and some of them to be taken by Force out of the House of Commons and to that End resorting in great numbers in a Warlike manner to the very Doors of the said House Armed with Swords Pistols and other Weapons ready and intending to fall upon the said House and to have cut the Throats of the Members there as by divers Examinations clearly appears whereby this Parliament might have been Dissolved in Blood and Confusion the relief of the Protestants in Ireland prevenâ—ed and an evident and speedy way opened to the Ruin of us and our Religion here in this Kingdom but failing of their hopes therein through the great Mercy of God towards us nevertheless they still persist in their Wicked and Traiterous Courses Confederating themselves with Strangers and Instigating Foreign Princes to joyn their Councells and Forces and by Invasion from abroad and Intestine Wars here amongst our selves to wast the Wealth and Substance and Totally to Annihilate the True Protestant Religion and the whole Frame of Government in all his Majesties Dominions and building upon that Foundation great Numbers of Soldiers Papists and other dis-affected Persons to our Existence and Well-being have Inrolled themselves in a List under the Command of Persons fit for the Execution of their wicked Designs and have made great preparations of Arms Ammunition and Victuals in several Parts of the Kingdom where they have likewise had frequent Assemblies to consult how they might compass their detestable Machinations and through Malignant Counsels have prevailed so far as to have the Tower of London and other places of Eminent Strength and Trust to be put in the hands of such Persons as we have just cause to suspect will adhere to them and turn the Strength of the Kingdom against it self All which the Lords and Commons in this present Parliament Assembled as Watch-men trusted for the good and well-fare of the Kingdom Church and State having taken into their serious Consideration and Labouring by all fit
Whether he doth know or have heard who did Frame Contrive or advise the same or any of them To this he answered That he would deal clearly freely and Ingeniously and that he should say the same which he had before delivered to the Lords and should need no long time to answer this for that he had done none of these three that is neither Framed Advised these Articles or any of them and would be contented to die if he hid Secondly Being demanded whether he knew the truth of these Articles or any of them of his own knowledge or had it by Information To this he Answered He did know nothing of his own knowledge of the truth of these Artitles or any part of them nor hath heard it by Information All that ever he hath heard concerning this was from his Master Thirdly Being asked whether he will make good these Articles when he shall be thereunto called in due course of Law To this he Answered He cannot do it nor will not do it otherwise then as his Master shall Command him and shall Enable him no more then he that never heard of them can do it Fourthly Being asked from whom he received these Articles and by whose direction and advice he did Exhibit them He answered He did Exhibit them by his Masters Command and from his hands he did receive them Fifthly Being asked whether he had any Testimony or Proof of the Articles before the Exhibiting of them He gave this Answer That he received the Command of his Majesty but whether he had any proof then offered or intimation of Testimony to make good those Articles he desired time to consider of it he was pressed again to make answer to this but desired time to consider of it saying there was a secret trust between a Master and Servant much more in this Case The great Design of this Examination was to have got out who were the Witnesses of this Accusation that so they might have fallen upon them and worried them to death and though nothing was more justifiable then this Plea of Secrecy to which Mr. Attorney was obliged by his Oath from which they could have no power to Absolve him Yet it did so Exasperate the Faction that it was Ordered That some way be thought of for Charging Mr. Attorney by this House as Criminous for Exhibiting those Articles in the Lords House against Members of this House without any Information or proof that appears and that this House and the Gentlemen Charged by him may have Reparation from him and that he may put in good Security to stand to the Judgement of Parliament And it was Resolved Votes against the Attorney General c. That this Act of Mr. Attorney 's in this Impeachment against Members of this House is Illegal and a High Crime Resolved c. That the Lords shall be desired That Mr. Attorney may put in good Security to stand to the Judgement of Parliament And Mr. Whitlock Serjeant Wild Mr. Hill Mr. Glyn Mr. Brown Mr. Rigby and Mr. Buller were appointed a Committee they or any three of them to withdraw presently and prepare a Charge against Mr. Attorney upon the Votes of the House And that Posterity may see how Zealous these People after all their pretensions were for the Relief of Ireland Collonel Hill and Lieutenant Bowles Delinquents for raising Volunteers for Ireland It was Resolved c. and Ordered That Collonel Hill and Robert Bowles his Lieutenant shall be forthwith sent for as Delinquents by the Serjeant at Arms attending on this House for beating up Drums and raising of Men contrary to the Ordinance of Parliament And that all Constables and other Officers be assisting to the Serjeant in the Execution of his Warrant And that Mr. Whistler Mr. Pury Mr. Smith and Mr. Hill shall search in such Offices as they shall think fit to see if any Commissions or other Warrants have been granted to any Person or Persons for Levying of Men. A Paper was delivered by Mr. Hambden from the Scotch Commissioners which was read in these words OUr Treaty concerning the Irish Affairs being so oft interrupted by the Emergent Distractions A Paper of the Scotch Commissioners offering their Mediation to the King c. gives us occasion to desire your Lordships and those Noble Gentlemen of the House of Commons for to present to the Honourable Houses of Parliament that we having taken to our Consideration the manifold Obligations of the Kingdom of Scotland to our Native and Gracious Soveraign his Person and Government confirmed and multiplyed by the great and Recent Favours bestowed by his Majesty on that Kingdom at his last being there and settling the troubles thereof and considering the mutual Interest of the Kingdoms in Welfare and Prosperity of others acknowledged and Established in the late Treaty And finding our selves warranted and obliged by all means to labour to keep a right Understanding betwixt the Kings Majesty and his People to confirm that Brotherly affection begun between the two Nations to advance their Unity by all such ways as may tend to the Glory of God and Peace of the Church and State of both Kingdoms to render thanks to the Parliament of England for their assistance given to the Kingdom of Scotland in settling the late Troubles thereof wherein next to the Providence of God and the Kings Majesties Justice and Goodness they do acknowledge themselves most beholding to the Mediation and Brotherly kindness of the Kingdom of England and likewise to proffer our selves for removing all Jealousies and mistakings which may arise betwixt the Kings Majesty and this Kingdom and our best indeavours for the better Establishment of the Affairs and quiet of the same We do therefore in the name of the Parliament and Kingdom of Scotland acknowledge our selves next to the Providence of God and his Majesties Justice and Goodness most beholding to the Mediation and Brotherly kindness of the Kingdom of England in many respects especially in condescending to the Kings Majesties coming to Scotland in the midst of their great Affairs whereof we have tasted the sweet and comfortable Fruits and do heartily wish the like happiness to this Kingdom And as we are heartily sorry to find our Hopes thereof deferred by the present distractions growing daily here to a greater height and out of the sense thereof have taken the Boldness to send our humble and faithful advice to the Kings most Excellent Majesty for remedying of the same to the just satisfaction of his People so out of our duty to his Majesty and to testifie our Brotherly Affection to this Kingdom and acquit our selves of the Trust Imposed upon us We do most Earnestly beseech the most Honourable Houses in the deep of their Wisdoms to think timously upon the Fairest and Fittest Ways of Composing all present differences to the Glory of God the good of the Church and State of both Kingdoms and to his Majesties Honour and Contentment Wherein if our