existit at quod in Recordo illo in nullo est errat ' Ide◠Consideratum est quod judicium predictum in omnibus affirmetur in omnibus suo robore effectu stet remanet dicta Causa pro Errore superius assignat ' aut allegat ' in aliquo non obstante super quo Record processum predict ' necnon process ' predict ' Curia Parliamenti ibidem in premissis habit ' è predict ' Curia Parliamenti coram Domino Rege ubicunque c. per predict ' Cur ' Parliamenti Remittentur ac predictus Carolus in Curia Domini Regis coram ipso Rege habeat Executionem judicii predicti versus prefatum Thomam juxta formam effectum judicii illius predict ' Breve de Errore super ' inde non obstante Subscribed by the Clerk of the Parliament and delivered to the Defendant in the Writ of Error 29 May 1641. to be remitted into the King's-Bench that Execution may be had upon the Judgment Mr. Monday May 31. Bills for taking away the Court of Sear-Chamber and regulating the Council Board ingrosted Tuesday June 1. Votes about the Petty Farmers of the Customs Prideaux reports the Bill for taking away the Jurisdiction of the Court of Star-Chamber as being contrary to Law and tending to the bringing in of Arbitrary Government as also a Bill for regulating the proceedings of the Council-Board upon which they were ordered to be ingrossed The House fell this day upon the business of the petty Farmers of the Customs Sir Nicholas Crisp Sir John Nulls Sir John Harrison c. and upon the Debate it was Resolved c. That the Petty Farmers of the Customs taking above three pence in the pound of Merchants Strangers and others of the King's Subjects more then by Law allowed is Illegal Resolved month June 1641. c. That the said Petty Farmers for taking above the said three pence in the pound are Delinquents Resolved c. That the said Petty Farmers are for the said offence liable and ought to make restitution Notwithstanding which in favour of Sir John Harrison Resolved That Sir John Harrison a Member of the House in regard of his great service in advancing fourty thousand pounds shall not be prejudiced as to his sitting in the House Sir John Strangeways moved in the behalf of himself and the 59 that Voted against the Bill of Attainder of Thomas Earl of Strafford that there might be some order taken for their security for that they went in fear of their Lives daily affronts and great abuses being put upon them by licentious people who resorted about the Parliament House But these mighty asserters of the Priviledges of Parliament one of the greatest whereof is freedom of Speech and liberty to Vote according to a Man's Conscience thought not fit in this Case to assert their Priviledge but to leave these worthy Gentlemen at the mercy of the Rabble who were by no means to be disobliged there being further occasion to make use of their Tumultuary Insolence in order to their thorough Reformation This day Mr. Tayler presented his Petition Wednesday June 2. desiring to be restored upon his submission but it was rejected A Debate arising about ways for raising of Mony a Motion was made Motion to bring in Plate to be Coined That in regard Mony could not be procured so suddenly as the present necessity of Affairs required there might be some Expedient thought on to bring in the Plate of the Kingdom to the Mint and it was referred to a Committee to consider of it and what way it might be done The Bill for Regulating the Clerks of the Market being Reported Bill for the Clerk of the Market ingrossed Thursday June 3. Report of the Conference with the Lords about the Bishops Bill was Ordered to be Ingrossed Mr. Pierrepoint Reports the Conference with the Lords concerning the Bill for disabling Bishops to Vote in the House of Peers That their Lordships conceive that the Commons understand not unlawfulness to have any Votes there to mean to be contrary to any Law but of convenience or inconvenience because if they had thought it absolutely unlawful they would not have made Exception of the Vniversities and of such of the Nobility as should happen to be in Holy Orders And for the Bishops Right to Sit and Vote in Parliament their Lordships conceive that both by the Common Law Statutes and constant practice there is no question of it As for inconveniencies their Lordships did not yet Vnderstand any such that might induce them to deprive the Bishops and their Successors of the Right of voting in Parliament but if there be such which they yet know not they will be willing to hear them and take it into Consideration For their Votes in the Star-Chamber Council Table or any Office in Secular Affairs they have fully consented to the desires of the Commons Their Lordships have Excepted the Dean of Westminster as being a Corporation confirmed by Act of Parliament Sexto Eliz. As also that of Durham Ely and Hexam and the several Jurisdictions of those Bishops to keep Courts-Baron there by their Stewards c. And all other Courts Executed by Temporal Officers which their Lordships conceive not to be contrary to this Bill After which the Bill for disarming Recusants being reported Bill for Disarming Recusants ingrossed Bill against New Canons Read first time was ordered to be ingrossed Then a Bill for the making void of certain Canons and Constitutions Ecclesiastical lately made and for the punishment of such Prelates and others as were the framers and makers of them was read the first time The House then Entred upon the consideration of the Scottish Articles some of which were assented to Sir Thomas Widdrington reports the Case of Sir John Corbet Friday June 4th Report of Sir John Corbet's Case upon which these Votes passed Resolved c. That the Imposition of 30 l. per annum laid upon the Subjects of the County of Salop for the Muster Masters Fee by the Earl of Bridgwater Lord Lieutenant of that County is an Illegal Charge and against the Petition of Right and that it is high presumption for a Subject to impose any Tax upon the Subject and that the taking it is at Extortion against the Right of the Subject Resolved c. That the Attachment from the Council Board by which Sir John Corbet was committed was an Illegal Warrant Resolved c. That Sir John Corbet ought to have Reparation for his unjust vexation and imprisonment Resolved c. That the Earl of Bridgwater ought to make Sir John Corbet reparation Resolved c. That the House thinks sit that the Attorney General take the Information in the Star-Chamber against Sir John Corbet off the File and that he take some Course that the Bond which he entred into to attend the Suit at the Hearing be delivered unto him Resolved c. That the Lords
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
For the City and County of the City of Lincoln the Major for the time being and Thomas Grantham Esquire For the West Riding of the County of York Ferdinando Lord Fairfax Sir Edward Roads Sir William Strickland Henry Cholmley Esquire For the East Riding Sir Marmaduke Langdale John Allured Esquire For the North Riding Thomas Hebblethwait Esquire Sir Henry Anderson Sir Henry Slingsby John Wastell Esquire For the City and County of the City of York the Lord Major for the time being Sir Thomas Widdrington and Sir William Allison For the County of Sussex Sir Thomas Pellham Mr. Shelley Mr. William Hay For the Ports in Sussex William Hay Herbert Morley Esquire For the County of Bucks Sir William Andrews Baronet Sir Alexander Denton Knight Sir John Parsons For the County of Berks Sir George Stonehouse Sir John Bacchus Roger Knight Esquire For the County of Cornwal Sir Richard Carey Baronet Alexander Carey Esquire Sir Richard Butler Knight For the County of Cumberland Richard Barwick Esquire William Pennington of Seaton Esquire For the County of Cambridge Sir Dudley North Sir John Cutts Thomas Chichely Thomas Wendy and Thomas Symonds Esquires For the County of Devon Sir Samuel Rolle Sir John Bramfield Baronet For the City of Exceter the Major for the time being For the County of Dorset Sir Walter Erle Sir Thomas Trenchard Knights For the County of Essex Sir Harbottle Grimston Sir Richard Everard Sir Thomas Bendish Sir Robert Kemp. For the County of Gloucester Henry Bret Esquire Sir Robert Cook Edward Stevens Thomas Hodges Esquires For the City and County of the City of Gloucester the Major for the time being and the two Ancient Aldermen For the County of Huntingdon Sir Sydney Mountague Anslow Winch Esquire Tirel Josseline Esquire Henry Cromwel Esquire For the County of Hertford Edward Chester Edward Wingate Esquires John Butler For the County of Hereford Walter Kerle Esquire Sir William Crofts Knight John Scudamore of Kenchurch James Kirle Edward Broughton Esquires For the County of Kent Mr. Edward Boyes Sir Thomas Walsingham Sir Edward Partridge Knights Richard Lee Esquire For the City and County of the City of Canterbury Sir Edward Masters Knight and for the Ports in Kent and their Members Sir Edward Boys Knight For the County of Leicester Sir Arthur Haslerigg Thomas Lord Grey For the County of Middlesex Sir John Danvers Sir William Roberts Sir Henry Roe Sir Gilbert Gerrard Sir John Franklyn For the City of Westminster Sir Robert Pye William Wheeler John Glyn Esquires For the City of London the Lord Major Thomas Soame Isaak Pennington Aldermen Samuel Vassal and Captain John Ven Merchants Members of the House of Commons For the County of Northampton Edward Montague Esquire Sir John Dryden Sir Christopher Yelverton Zouch Tate Esquire For the County of Norfolk Sir John Potts Sir Thomas Woodhouse Sir Edmond Moundeford For the City and County of Norwich the Major for the time being For the County of Northumberland Sir John Fennicke Henry Ogle Thomas Middleton William Shafto of Babington Esquires Town of New-Castle the Major for the time being Mr. Ledyard For the Town of Barwick Sir Robert Jackson Mr. John Sleigh Gent. William Fenwick Gent. For the County of Oxon. James Fynes Sir William Cobb Sir Thomas Penniston and John Doyley Esquire For the County of Rutland Sir Guy Palmes Sir Edward Harrington Robert Horseman Esquire For the County of Surrey Sir John Evelyn Sir Ambrose Brown Baronet For the County of Salop Sir Richard Newport Mr. Richard Moore Charles Baldwin Esquire For the County of Southampton Richard Whitehead Esquire Sir William Lewis Town of Southampton Major for the time being For the County of Suffolk Sir Roger North Sir Robert Crane Robert Reynolds Esquire Sir William Platers William Cage Esquire For the County of Somerset Sir John Horner Sir John Pawlet Knights John Pyne Esquire City of Bristol the Major for the time being John Gunning John Tomlinson For the County of Westmorland Sir Philip Musgrave Knight and Baronet Sir Henry Bellingham Gawin Braithwait Esquire For the County of Wilts Sir Nevil Poole Anthony Hungerford Esquire For the County of Worcester Humphrey Solloway Esquire Edward Dingley Edward Pitt Thomas Rouse Esquire City of Worcester the Major for the time being For the County of Warwick Sir Richard Skeffington William Combes Esquire John Hales Richard Shugborough Esquires For the City and County of Coventry the Major for the time being Alderman Million John Barr Esquire For the City of Litchfield the Bailiffs for the time being For the County of Anglesey Thomas Buckley Owen Wood Esquires For the County of Pembroke Henry Williams Thomas Gwyn William Morgan Esquires For the County of Carnarvan Thomas Glyn of Nantley William Thomas Owen Wynn Thomas Madrin Esquires For the County of Denbigh Thomas Middleton John Loyd William Wyn Esquire For the County of Flynt Thomas Mostyn Humphry Dymock John Eaton John Salisbury Esquires For the County of Glamorgan William Herbert Sir Thomas Lyne Miles Buton Esquires For the County of Merioneth William Salisbury Esquire Sir James Price Knight For the County of Pembrook Sir Richard Philips Baronet Sir Hugh Owen Knight and Baronet For the County of Montgomery Arthur Price Esquire Richard Griffith Edward Vaughan Esquires For the County of Radnor Thomas Lewis Robert Williams Richard Jones Esquires For the County Palatine of Durham Sir Lionel Madidson Sir Alexander Hall George Lilburn Clement Fulthorp For the County of Cardigan Walter Loyd James Lewis Esquires For the County of Carmarthen Richard Earl of Carberry Francis Loyd Esquire For the County of Monmouth Sir William Morgan Thomas Morgan William Herbert of Colebrook William Baker of Abergany Sir Robert Cooke Sir Charles Williams James Kirke Esquires Which said Persons so appointed and nominated or any one or more of them together with the Justices of the Peace of every Shire County or Riding respectively or any one or more of them or the Major Bailiffs Justices of the Peace Jurats or other Head-Officers within any City or Town Corporate or other Priviledged places or any one or more of them respectively shall have Power and are hereby authorized and required to do and perform all and every such thing and things as shall be necessary to the due execution of this present Ordinance according to the Instructions herewith annexed which said Instructions are hereby Ordered and Commanded to be duly observed and executed by all and every Person and Persons whom it shall or may appertain as they will answer the contrary at their Perils This Ordinance to continue no longer then till the end of this present Session of Parliament Instructions appointed by Ordinance of Parliament to the Persons thereby Authorized for the Disarming of Popish Recusants Instructions to the Comissioners for Disarming Popish Recusants and others and other dangerous Persons I. SUch Members of the House of Commons and other Persons as in and by the said Ordinance are particularly named and appointed or any one or more of them and the Justices
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
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
from the King in haec verba His Majesty hath commanded Me to tell you Munday July 19 Message from the King about a Priest of the Venetian Ambassadors that upon a Complaint of the Venetian Ambassador for the imprisoning of a Priest being His Majesties Subject he thinks fit that these two Things be done First That all Ambassadors should have it declared to them in His Majesties Name that they retain no Priests Natives of any of His Majesties Dominions Secondly That the Priest belonging to the Venetian Ambassador be presently sent out of the Kingdom and not to return again but at his Peril This Favour His Majesty thinks fit to shew the Venetian Ambassador seeing the particular Person as His Majesty is informed hath been his Servant these three Years and was brought over with him when he came the Ambassador being ignorant of the Laws of the Kingdom Whereupon it was Ordered That the Committee of Ten inform themselves of the truth of the Ambassadors Complaint and the State of the Case Bill about the Marches of Wales A Message was brought from the Commons by Sir Robert Harlow who also brought up a Bill which had passed that House for freeing five Counties from the Jurisdiction of the Marches of Wales Mr. Bellasis also brought up another Bill Bill for Billet Money c. which had passed the House of Commons Entituled an Act for securing of such Monies as are or shall be due to the Inhabitants of the County of York and the other Counties adjoyning wherein His Majesties Army is or hath been Billetted for the Billet of the Soldiers of the said Army as also to certain Officers of the said Army who do forbear part of their Pay according to an Order in that behalf in the Commons House of Parliament this present Session for such Use of their parts as they shall forbear Five new Heads added to the Ten former Propositions July 20. 1641. The Earl of Bristol Reports from the Committee of both Houses for the Ten Heads That the House of Commons have presented to their Lordships five Propositions which they desire may be added to the other Ten Heads and that their Lordships after Consideration of them would joyn with them to move His Majesty therein the Heads were these viz. I. The House of Commons doth declare That no Forreign Ambassador what soever ought to shelter or harbor any Popish Priests or Jesuits that are Natives of the Kings Dominions under pretence of being their Servants or otherwise and that the select Committee of their House for the Ten Propositions shall present this Declaration to the Committee of this House to the end that their Lordships may joyn with them to Petition His Majesty that this may accordingly be observed II. That Care may be taken concerning several Commissions granted for the Levying of Men in Ireland to the number of Fourteen Thousand Men as is informed and all of them Papists to the end to be transported as is conceived to Princes not well affected to this Kingdom and that Popish Commanders may not have such Power by Commissions as is of late granted to them III. Also that no Papist hereafter may have the keeping of any Castle Fort Chace Forrest Park or Walk within England and Wales and that such as are in Possession may be outed according to Law IV. That the King be moved to let the House of Commons have such Gun-powder out of His Majesties Stores as may be spared and they will pay after the rate of ten Pence per Pound for it as soon as they can get Monies V. And lastly To move His Majesty that the Arms which have been taken from the several Counties may be restored to them and if His Majesty can spare any Arms out of His Store they will buy them Hereupon the Lords taking these five Propositions into Consideration Ordered To joyn with the House of Commons humbly to move His Majesty that he would please to Assent to them To this purpose Earl of Essex Earl of Warwick Earl of Cambridge Earl of Bristol Viscount Say and Seal were appointed to attend His Majesty for His Answer After which William Smyter William Shepheard Toby Gratwick Rioters at St. Olaves released George Ewer Hugh Barcok Thomas Low George Pitcher and Edward Symonds upon their Humble Petition and Acknowledgment of their Misdemeanors in the Tumult at St. Olaves and St. Saviors were released from their Imprisonment A Conference having been had-with the Lords about the French Ambassadors Tuesday July 20. French Ambassador desires to have the Disbanded English Army for his Masters Service desire to have some of the disbanded Troops Sir John Culpeper Reports That the French Ambassador had waited upon His Majesty to desire that upon disbanding of the English Army he might have liberty to carry such Men over for his Masters Service as he could agree with and that His Majesty had told him that he would give no Answer till he had acquainted the Parliament with it Whereupon it was Ordered That the House should consider of it on Thursday Morning The engrossed Articles against the Bishop of Ely were this Day carried up to the Lords by Sir Thomas Widdrington who at the reading of them made this following Oration to blacken the Lawn Sleeves which was then the greatest Perfection of Eloquence and of Religion to be highly uncharitable My Lords I am commanded by the Knights Citizens and Burgesses now Assembled for the Commons in Parliament to deliver to your Lordships these Articles against the Bishops of Ely May it please your Lordships first to hear them read MY Lords These Articles are dipped in those Colours Sir Thomas Widdrington's Speech at the reading of the Articles against the Bishop of Ely 20 1641. in which this Bishop rendred himself to the Diocess of Norwich they need no Gloss nor Varnish In them you may behold the spirit and disposition of this Bishop hear the groans and cryes of the People see a Shepherd scattering I had almost said devouring his own Flock He that was desired to paint Hercules thought he had done enough when he had made a resemblance of the Lyons Skin which he was wont to carry about him as a Trophy of his Honor. I will say that in these you will not find a resemblance of the Lyons Skin I am sure you will find the resemblance of the Skins that is to say the tattered and ruin'd Fortunes of Poor Innocent Lambs who have extreamly suffered by the violence of this Bishop In the year 1635 this man was created Bishop of Norwich he is no sooner there but he marcheth furiously In the Creation of the World Light was one of the first productions the first visible action of this Bishop after his Creation into the See was to put out many burning and shining Lights to Suspend divers Able Learned and Conscientious Ministers he that should have been the golden Snuffer of these Lights became the Extinguisher and
will procure a confusion and grudging among them Upon reading the Petition of the Six Persons chosen by the Commonalty of the City of London it is Ordered by the Lords in Parliament Order about Books to be used in the Case between Lord Major and Commons That the Book of Reversions shall be perused by them and afterwards with theBooks of A. D. E. F. G. H. I. K. L. Z. O. Liber Albus Transcript Dunthorn Customs Repertory Hamersly Journal of 6 H. 7. Journal Swinerton Middleton Hayes Journal Garroway shall be brought into the Vpper House of Parliament on Monday next being the 26th of this Instant Month of July by Nine of the Clock in the morning at which time their Lordships have Ordered to hear the said Cause Sir John Hotham Reports Friday July 23. That there will be due to the Scots upon the 12th of August 57400 l. 10000 l. is expected from the voluntary Loan of the Members so that 47000 will be requisite to pay them off Ordered That there shall be a Conference with the Lords to borrow 40000 l. of the City which the Lords agreed to and the Poll-Bill was proposed to the Lord Mayor and Aldermen for Security Earl of Essex made Lord Chamberlain This day His Majesty was pleased to give the white Staff to the Earl of Essex and he was Sworn Lord Chamberlain of His Majesties Household Sir Arthur Ingram carries up the Bill with amendments for the certainty of the Forrests as also a Bill for the Earl of Bedford Saturday July 24. The House of Commons then entered upon the Debate of the Articles from the Committee of Seven against Mr. Percy Mr. Jermyn c. Upon which they came to these Votes Votes upon the Articles from the Committee of 7. Resolved c. That Mr. Henry Percy in the Months of March and April last past in the Parish of St. Martin 's in the County of Middlesex did Compass Plot and Conspire with others to draw the said Army together and to employ them against the Parliament and by fear and dread thereof to compel the said Parliament to agree to certain Propositions by them contrived and to hinder and interrupt the Proceedings of the said Parliament Resolved c. The same against Mr. Henry Jermyn Sir John Suckling and Mr. William Davenant Resolved c. That in pursuance of the said Design the said Henry Percy by the Plot and Combination aforesaid did endeavour to persuade divers Members of the House of Commons of the said Parliament and others being Officers of the said Army that is to say Henry Wilmot William Ashburnham Esq Sir John Berkly Hugh Pollard and Daniel Oneal Esquires that they were disobliged by the Parliament thereby to incense and disaffect them against the Parliament and did hold divers Consultations with the said persons to effect the said wicked and dangerous Designs and for that purpose did set down in writing certain Propositions to the effect following that is to say The preserving of Bishops Votes and Functions the not Disbanding of the Irish Army until the Scots were Disbanded and to endeavour the settling of the King's Revenue to the proportion it was formerly The House fell upon the further Debate of the Articles from the Committee of Seven and it was Resolved Further Votes about Mr. Percy c. c. That the said Henry Percy in pursuance of the said Plot and Combination for the more secret Carriage and further Engagement of the said Conspirators and others the Persons aforenamed did minister unto the said Henry Jermin Hugh Pollard Henry Wilmot William Ashburnham Sir John Berkley and Daniel Oneal a wicked and unlawful Oath whereby they did Swear upon the Holy Evangelists not to reveal any thing spoken concerning that business in consultation directly or indirectly nor to think themselves absolved by any other Oath that should be after taken from the Secresie enjoyned by the said Oath Resolved c. That Mr. Henry Jermyn at the time the said Oath was Administred as aforesaid and at divers other times did propound and endeavour to perswade the Persons aforenamed and other Officers of the said Army to put the said Army into a Warlike Posture and to bring them up to London and likewise to make themselves sure of the Tower and so by force to compel the Parliament to conform to their Will Resolved c. That the said Henry Jermin Sir John Suckling and William Davenant in further Prosecution of the said Design by the Conspiracy aforesaid to disaffect the said Army towards the Parliament and to work a belief in the said Army that the King and Parliament would disagree and so under pretence of adhering to His Majesty to incense the said Army against the Parliament thereby the better to compass their wicked Design and further endeavoured to perswade the Army that all the French about London would assist them and to the great scandal of the King and his Government that the Prince and the Earl of Newcastle were to meet the said Army at Nottingham with a Thousand Horse Resolved c. That the said Sir John Suckling by the Conspiracy aforesaid for the better effecting the said wicked Design under the pretence and colour of some service to the King of Portugal did raise Men both Officers and Common Soldiers and further did contrive that a hundred of those Men should be put into the Tower of London under the Command of Captain Henry Billingsley thereby to possess themselves of the same as was formerly propounded by Mr. Henry Jermin that so they the said Henry Jermin and Sir John Suckling might better effect their said wicked Designs and have better opportunity to Master and Command the City of London that the said City should not be able to make any resistance when the said Army should come up according to the aforementioned Desing And the said Sir John Suckling in further pursuance of the said wicked intentions did by the means aforesaid Plot and Endeavour that Thomas Earl of Strafford then Prisoner in the Tower for High Treason and since Attainted and Executed for the same should make an Escape that by his Power they might the better compass and bring to pass the said wicked Design Resolved c. That the said Henry Wilmot William Ashburnham Hugh Pollard Sir John Suckling Sir John Berkley and Daniel Oneal by the inticement practice and insinuation of the said Henry Percy did take the aforesaid unlawful Oath Resolved c. That the said Henry Percy for the advancement of the said wicked Design did propound unto them the aforesaid three Propositions Resolved c. That the said Henry Wilmot William Ashburnham Hugh Pollard Sir John Berkley and Daniel Oneal were acquainted with the said Design mentioned in the first Article Resolved c. That the said Henry Wilmot William Ashburnham Hugh Polland Sir John Berkley and Daniel Oneal were together with the said Confederates present at divers Debates and Consultations touching the
means to prevent this great and threat'ning danger to his Majesties Royal Person and to our Religion Lives Liberties and Fortunes have thought good to give a timely Advertisement thereof to all his Majesties Subjects of the Reformed Protestant Religion declaring hereby That they hold it necessary and adviseable that with all Expeditithey put themselves into a good posture of Defence to provide fit Arms and Ammunition and be ready upon all occasions to defend the several Counties from Domestick Insurrections and Foreign Invasions and that the Sheriffs Justices of Peace Majors and Head-Officers within their several Limits do take Care that their Magazines of Powder Arms and other Ammunition be compleatly furnished and that they cause strong Guards and Watches to be set in convenient places for the Securing themselves and for the apprehending of such Persons who they shall have just cause to suspect and if upon Examination any grounds of danger shall appear to give notice thereof unto the Parliament and that all Officers take special care that no Soldiers Arms or Ammunition be raised or levyed nor any Castles Forts or Magazines delivered up without his Majesties Authority signified by both Houses of Parliament This hopeful Declaration had the misfortune to become only an Abortive for when it came up to the House of Lords how prevalent soever the Faction was there yet they were ashamed to own that for a Child of Parliamentary Authority which carried so many notorious Falshoods and Calumnies most easie to be detected in the Front of it and yet this thing which was to be imposed upon the Nation for so great a Truth was compiled out of 3 or 4 Parcels of the same kind of Stuff but much Coarser which were drawn up by the Committees at Guild-Hall and Grocers-Hall and out of which the Committee for this Declaration were by the appointment of the House Ordered to frame it and they accordingly licked those Monstrous and Deformed Cubbs into this Bear which begins with the Papists but flies directly at the Throat of his Sacred Majesty the best Protestant in all his Dominions And this was one of the greatest Artifices of the Faction to Sail with this Side-wind as if they intended to fall furiously upon the Papists but then to make a sudden Tack and pour in all their Broad-sides of Calumnies Plots and Conspiracies upon the King himself and the Loyal and Orthodox Protestants whom under the Notion of Malignants Popishly-affected and Adherents to the Papists they still drew into the Designs which they said were laid against the Parliament Kingdom and the King himself against whom the Bolt of their Thunder was always directly levell'd though the Noise and Crack sounded nothing but Papist There are two or three Passages very remarkable that I cannot but turn them upon themselves For when they charge these Plotters and Papists that they had a Design To make a Division of the Body of this Common-wealth from the Head thereof they themselves it seems were in that Design afterwards putting that horrid Plot in Execution by cutting off not only in a Political but Literal Sense that Illustrious Head of their Sovereign both from his own and the Body of the Common-wealth And whereas afterwards they Charge this Malignant Party with a Design by 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 There certainly never was in so few words so true a Character of their own subequent Actions and had they sitten for their Picture in Miniature to the fam'd Appelles who used to boast of his Art that he painted for Eternity it had been impossible for him to draw them more exactly to the life with his Pencil then in these words they have drawn themselves with their own Ink the blackness of which though intended for the King and the Loyal Party will with an Ex ore tuo stick to their Memories so long as there remain any Records of time and Posterity will easily discern who were the Plotters to Subvert the Government not by the Charge but the Execution and may from hence draw this serviceable Aphorism That no Persons are more likely to design against a Government or to bring the People into Slavery then such Subjects as Arraign their Sovereign with Designs of Erecting Arbitrary Power and introducing Popery Which were the two main Engines by which this Rebellious Faction undermined and overthrew the best Church and Government in the Christian World and rendred the Freest People of Europe the most Abject Slaves in Christendom to the Arbitrary Usurpations of their fellow Subjects and Servants in every thing that Men esteem valuable whether Life Liberty Fortune or Religion But whether the Lords would consent or not the materials out of which this Declaration was drawn being the results of several Debates of the Committee at Guild-Hall and Grocers-Hall got immediately into the Press and from that Mint of mischief flew like Lightning through the Nation to the intolerable Scandal of his Majesty And yet the very chief Aggravation of this Action of his Majesties of the Insolence of the Soldiers is by one of the News-writers of the Party and Times before mentioned taken off from the King and his Retinue Who he saith demeaned themselves Civilly though this Declaration takes no notice of that And in truth who considers how ill the Parliament had treated the Soldiers both during their being in Arms and after the Disbanding will not think it strange for such a sort of Men who have Mars predominant should be apt to vent their private Resentments against those Persons whom the King had Impeached of Treason and to whom they owed all their Sufferings But to put this to the King's Score was a Barbarous injustice which none but such Men as had shaken hands with all Respect as well as Loyalty to the King could be guilty of But see the Paper it self A Declaration of the House of Commons The Debates at Guild-hall and Grocers-hall Drawn into a Declaration concerning Breach of Priviledge c. Mr. Glyn Reports from Guild-hall Jan. 6th 1641. Touching a late Breach of their Priviledges And for the Vindication thereof and of divers Members of the said House WHereas the Chambers Studies and Trunks of Mr. Denzill Hollis Sir Arthur Haslerig Mr John Pym Master John Hampden and Mr. William Strode Esquires Members of the House of Commons upon Munday the third of this instant January by colour of His Majesties Warrant have been sealed up by Sir William Killigrew and Sir William Flemen and others which is not only against the Priviledge of Parliament but the common liberty of every Subject Which said Members afterwards the same day were under the like colour by Serjeant Francis one of His Majesties Serjeants at Arms contrary to all former Presidents demanded of the Speaker sitting in the House of Commons to be delivered unto him that
my Lord of Corke remembers very well there being Letters of his That Sir Pierce Crosby his Regiment should be put off and the money for maintenance thereof should go to defray the Charge of the King's Ships for guard of the Coast And yet the Charge is much more now than it was for the Charge was then only two Whelps as my Lord Mountnorris said And now there be three Ships The Swallow a Ship of the Third Rank and two lesser Vessels so that I concieve my Answer in my sense was true For the matter of having money out of the Exchequer I conceive my Answer to contain no matter of Untruth for I had out of the Exchequer only 15000 l. and for that the King will be answered 2000 l. a year good Fee-farm Rent in lieu of it which he thought was no ill bargain It is true I say the money spoken of by Sir Adam Loftus was borrowed on my own and Sir George Ratcliff's Bond to be paid upon sight At that time I praise God I had Credit for 20000 l. and at this time I thank God for that too I have not Credit for 20 d. Gods Will be done I obey it But this money is honestly and justly paid Where is the Crime then might not I borrow of a Gentleman that would trust me with money but it must be an Offence Is it true it was of the King's money but the King had no use for it at that time Had not I made use of it it must otherwise have lain in the Exchequer and yeilded no profit and besides I borrowed it of one that was Accomptable for it But since I am put to it I will shew that which will clear it from being a Crime indeed which according to the Duty I owe unto His Majesty my Master his Command hitherto have I kept private to my self And that is the King's Warrant being all of His own Hand-writing Sir Adam Loftus being then Vice-Treasurer and now demanded the question Whether that Warrant was produced to him at the borrowing of the money confessed Witness that my Lord of Strafford never told him of the Warrant The Warrant was read Kings Warrant read containing a Licence to make use of 40000 l. of His Majesties Treasure now in the hands of His Majesties Vice-Treasurer for three years Provided that for Security there be always left in the hands of the Comptrollers a Stock of Tobacco amounting to 40000 l. at the least with a direction to conceal this particular favour to him that it might not be brought into precedent then his Lordship proceeded There was accordingly so much Tobacco left But by what Law I know not The Magazines are seized on by Order from the Commons House of Parliament my Goods possessed and given over to others to sell at their own prices my People imprisoned as if they had been Traytors Goods and as if an Inquisition had been found upon me as a Traytor And this is my Misfortune to be very hardly dealt withal by the Commons House there to say no more And whereas by the Kings Goodness I had liberty to take 40000 l. I took but 24000 l. And where I had liberty to take it for three years which expires not till Michaelmas next I paid it in long before the time And by this one particular I hope it will appear to Your Lordships and the Gentlemen of the House of Commons how Noble it will be to believe Charitably of me till they hear all can be said for I trust in the whole course of this Trial to appear an honest man And whereas I said I never had but 15000 l. out of the Exchequer and yet had 24000 l. borrowed as aforesaid The King Commanded me I should not take notice of His gracious Favour and therefore I conceive that in Duty to my Master I ought not to have taken notice of it otherwise my Answer should have clearly and plainly exprest it I never having Disobeyed his Majesty nor by the Grace of God never will For the 7000 l. for the Guard of the Irish Coast that was mentioned already and I shall not need to Answer it further To the point of restoring the Possessions of the Church in a great measure I say there was not only a Restitution but a Preservation by an Act of Parliament for preserving the Possessions of the Church from being mis-used by the present Incumbent to the prejudice of the Successors which Act I wish were in England But that I conceive not to be Controverted but granted me But it is said The Possessions of the Church were restored in an Illegal way to please my Lord of Canterbury To which I Answer The Gentleman indeed spake it but there is no proof of it neither hath he offered any proof and till it be proved I conceive it not fit to trouble Your Lordships with Answering it I have done nothing in Church or Common-wealth but Justly and Uprightly Albeit I conceive it a hard case that having the Honour to be the Kings Deputy sitting in Council where there be Twenty who Voted as well as my self That I should be noted to Answer for them all though I did constantly submit my self to the Major part And as to my Lord of Canterbury I beseech Your Lordships to think That what I have done for the Church of Ireland was out of a faithful Conscience to God Almighty out of a desire to increase the Religion I Profess and which I will witness with my Blood by the blessing of Almighty God if there should be occasion And when I have done it with respect to that Piety of His Gracious Majesty which I would faithfully pay Him I desire it may not be put upon me as done in an respect only to my Lord of Canterbury where no such thing is proved No I did it out of Conscience my Duty to God to the King and to the People that they might be instructed in the way to Eternal Life And I beseech Your Lordships to believe I have a Heart a little greater than to do any such thing to please any man living with Modesty be it spoken For the Building of Churches I confess I built not any and in my Answer I say no more but that Churches were built which the Worthy Gentleman acknowledged in some part I confess they were not Built by me or at my particular Charge nor do I say otherwise in my Answer And it had been a vain thing to have said it though I had done it my self But it is said the Answer is not right in saying there be divers Worthy Church-men preferred and three are instanced in Bishop Atherton the Bishop of D. and one Gwyn To this I beseech Your Lordships that I may be bold to let the Gentlemen know That Bishopricks not in the gift of the Deputy but of the King and that he is not Responsible for what the King doth But not desiring to deny any thing that is
place of sitting and the chiefest part of the power I say the chiefest part I do not say the greatest part of power The power it was more eminent in him but it was virtually residing and domesticant in the plurality of his Assessors These Assessors were the Presbyters the Elders of the Church of whom Holy Ignatius a Father so primitive that he was Disciple to Saint John the Apostle and by some thought to be that very Child whilst he was a Child whom our blessed Saviour took and set before his Disciples whereof you read in three of the Evangelists Matth. 18.2 Mark 9.26 Luke 9.27 If Simon Zelotes were the last as some affirm This Ignatius I say in his Epistle to the Trallians doth call these Elders 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Councellors and Co-Assessors of the Bishop Here was in this Age and yet this Father died a Bishop and a Martyr before the last Apostle went to Heaven here was a Fellowship yet such a Fellowship as destroyed not presidency and in another Epistle that to the Magnesians you have such a presidency as doth admit also of a Fellowship 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Bishop being President the very Name and Office there as in the place of God and the Presbyters as a Senate of the Apostles I forbear to dilate upon this Episcopacy But I will be bold Ponere ob oculos to set him before your Eyes I will give him you even by way of demonstration Master Hide your self are now in this great Committee Mr. Speaker is in the House The Bishop of our Congregation You are in your selves but Fellow-Members of the same House with us returned hither as we also are to sit on these Benches with us until by our Election and by common suffrage you are Incathedrated then you have and it is fit and necessary that you should have a Precedency before us and a Presidency over us Notwithstanding this you are not diversified into a several distinct order from us you must not swell with that conceit you are still the same Member of the same House you were though raised to a painful and careful degree among us and above us This Bishop had as your self have here potestatem directivam but not Correctivam Correction in our House doth dwell in the General Vote You know the power you have â—s Limited and circumscribed by them who gave it you are no Dictator to prescribe us our Laws but must gather our Votes and then your pronouncing doth fix our not your single own Orders Neither you here Master Speaker in the House can Degrade any one of us from these Seats nor can you silence us in the due liberty of our Speech Truly Sir as yet advised I do heartily wish we had in every Shire of England a Bishop such and so regulated for Church Government within that Sphear as Master Speaker is bounded in and Limited by the Rules and Cancels of this House That were indeed a well tempered and a blessed Reformation whereby our times might be approximant and conformant to the Apostolical and Pure primitive Church But this I fear is magis optandum quám sperandum yet it being the cause of God who can then dispair This happiness I mean living under Episcopal Presidency not under a domineering Prelacy this is too high above our reach yet strong Prayers and Hearty endeavours may pull the Blessing down upon us In the mean time wo is our Churches portion for our Bishop President is lost and grown a Stranger to us and in his room is crept in and stept up a Lordly Prelate made proud with pomp and ease who neglecting the best part of his Office in Gods Vine-yard instead of supporting the weak and binding up the broken forrageth the Vines and drives away other Labourers The Vines indeed have both Grapes and Leaves and Religious Acts both Substance and Circumstance but the Gardener is much to blame who gives more charge to the Work-men of the Leaves then of the Fruit. This rough enforcement of late to that which is not the better part is an Episcopacy that turns all our Melody into a Threnody This makes many Poor Pious Christian Souls to Sing the Songs of Sion in a strange Land Psal 137. and 4. This Bishop will have no Assessors or if any so formally admitted and so awed as good have none no Senate no Consultation no Presbytery or common Suffrage but Elates himself up into usurped Titles and incompatible Power and sublimes it self by assuming a Soleship both in Orders and Censures Religion and Reason and Primitive Example are all loud against this Episcopacy This too elate subliming of one can not stand without a too mean demission I may say debasing of many other of the same order Nay this Bishop not content with Ecclesiastick Pride alone will swell also with ambition and Offices Secular Truly Sir you have done exceeding well to Vote away this Bishop for of this Bishop and of this alone I must understand the Vote you have passed until I be better instructed For your Vote is against the present Episcopacy and for the present you can hardly find any other Episcopacy but this an Authority how ever by some of them better exercised yet too solely entrusted to them all Away then with this Lordly domineerer who playes the Monarch perhaps the Tyrant in a Diocess of him it is of whom I read Episcopalis dignitas papalem fastum redolet This kind of Episcopacy it smels rank of the Papacy nor shall you ever be able utterly and absolutely to extirpate Popery unless you root out this Soleship of Episcopacy To conclude in short and plain English I am for abolishing of our present Episcopacy Both Diocesses and Diocesan as now they are But I am withal at the same time for Restauration of the pure Primitive Episcopal Presidency Cut off the usurped adjuncts of our present Episcopacy reduce the ancient Episcopacy such as it was in puris spiritualibus Both may be done with the same hand and I think in a shorter Bill then is offered now by way of addition Down then with our Prelatical Hierarchy or Hierarchical Prelacy such as now we have most of it consisting in Temporal adjuncts only the Diana and the Idol of Proud and Lazy Church-men This do but eâ lege on this condition that with the same hand in the same Bill we do gently raise again even from under the ruins of that Babel â—â—ch an Episcopacy such a Presidency as is venerable in its Antiquity and Purity and most behooveful for the Peace of our Christendom This is the way of Reforming and thus by yielding to the present Storm and throwing that over-board which is adventitious borrowed and undue Peace may be brought home unto our Church again the best of that building and the truth of Ancient Episcopacy may be preserved otherwise we hazard all This would be glorious for us and for our Religion and the glory thereof will
other way The means of it are first to preserve Religion sound and entire within his own Kingdom at home next to unite the Homogeneal parts of it pieces of the same together by Alliances by Confederations abroad The good effects of this German Match was lost by the ill Counsels of those times It will be an honour to us to repair it by better The restoring of the Prince Elector to his Territory and Dignity will restore Religion there will strengthen it may increase it further in Germany which consideration is of a great and vast consequence proportionable to the greatness and vastness of that Country it will likewise refresh and comfort the sorrowful heart of that most Noble Virtuous and Magnanimously suffering Queen of Bohemia his Majesty's Sister his Highness's Mother who is ever to be highly and tenderly regarded by this Kingdom This is a fit Conjuncture of time to begin it in whilst the King of Spain hath so much to do of his own as he is not able to afford his usual aids to the Emperor which probably may induce the Emperor to abate of his former Resolutions That which is now propounded is only a Manifest to express and declare our zeal and heartiness to the Cause and thereby to give it Countenance and Reputation in the present Dyet at Ratisbone Reputation in matters of State doth many times prevail as much as Substance His Majesty's Father of blessed memory and himself have for many years mediated and treated with the Successive Emperors by all fair and amicable ways they have been deluded they have been neglected It becomes us Mr. Speaker to be Englishly sensible of the injustice of the Indignity Wherefore my humble Motion is That the House will be pleased presently to name a select Committee to compose a Declaration suitable to the importance of the Cause But the further consideration of this matter was deferred till Wednesday at Nine of the Clock A Message was also delivered from the King by Sir Benjamin Rudyard concerning the Queen-Mother Message about the Queen-Mother who was very desirous to depart the Kingdom only Mony was wanting to defray her charges which would amount to no less than 10000 l. And it seems the Commons were no less desirous to have her gone Artic. brought in by Sir Tho. Widdrington against the Bishop of Ely Vide the Articles infra July 20th for they presently consented that there should be so much paid out of the Poll-mony for that Service Sir Thomas Widdrington brought in 25 Articles against Matthew Wren Lord Bishop of Ely which being read and singly voted were ordered to be Engrossed and then the House came to this Vote upon it Resolved c. That Matthew Wren Bishop of Ely is in the opinion of this House unfit and unworthy to hold or continue any Spiritual Promotion or Office in the Church or Common-wealth and that the Lords be desired to joyn with this House to move his Majesty to remove the said Bishop from his Person and Service And upon this Sir William Parkins took an occasion to speak as followeth for the work of Reformation Master Speaker I Stand not up in my own particular behalf Sir William Parkins's Speech July 5. 1641. but in the Vniversal and General name of the whole Kingdom Alas Master Speaker they depend all upon our exemplary Justice which if we do fully execute will not only give great and plenary satisfaction to our Nation but will likewise cause the Land to smile hereafter with the blessed Beams of prosperous Felicity But if the least Errour and smallest Deliberation be overseen by us Oh! It strikes my trembling mind with horror to think on it how will all things precipitate themselves into Ruine most Irrevocable but I speak not this as if any here would omit or extenuate the Supremacy of Justice in the least thought To admonish you of that point were to bid the Moon keep her Monthly Course the Spheres to reduce themselves in their Circumference or the Sun to shine upon the Earth But I speak this only to add a Spur unto you lest we should at any time languish in our Heaven-proceeding Journey The Cries of the People have come up to me the Voice of the whole Nation tingles in my Ears and methinks I hear each Subject wish that we would briefly establish the Church-Government with all Expedition Let us first begin to confirm our Religion and God will bless our other Proceedings the better That was always my Opinion and I am sure the expectation of the whole Kingdom How long have we sate here and how little have we effected How much time have we consumed and what little have we performed herein How long have we laboured in this our daily Travel and as yet have brought forth but an Embryo in what we did intend 'T is true I confess we have tormented our selves with daily troubles and vexations and been very solicitous for the welfare of the Common-wealth but what have we performed what have we perfected I will once more relate what my former Opinion was Let us I say begin in the real Establishment of our Religion and as I said all our other determinations will succeed with a better Omen for indeed most of our Delinquents are linkt to this Chain they depend most on this point therefore we should do well to enter speedily upon the Work Master Speaker Excuse my Zeal in this Case for my mouth cannot Imprison what my mind intends to let out neither can my tongue conceal that which my heart desires to promulge Behold the Arch-Bishop that great Incendiary of this Kingdom lyes now like a Fire-brand raked up in the Embers but if he ever chance to blaze again I am afraid what heretofore he had but in a Spark he will fully burn down to the ground in a full Flame Wherefore Master Speaker Let us begin for the Kingdom is pregnant with expectation in this point I confess there are many more Delinquents for the Judges and other Knights walk in Quirpo but they are but Thunderbolts forged in Canterbury 's fire Look upon them all but as polluted Rivers flowing from that corrupt Fountain Well is it so then that all depend on Religion Why are we then so backward in not Roforming the Church Why do we stick in this point and not rather proceed in it with all expedition For indeed according to the Laws of this Kingdom as it hath the Dignity of Preeminence so let us give it the Priority in our Determinations Master Speaker Think with your self I pray in what Faction the Church is now in what Schism in what Confusion of distracted Sectaries it is promiscuously shaken Behold the Papists will have their way the Brownists will have their way the Anabaptists their way the Puritan as some call them their way the Jesuitical Priests their way and in these various ways they make such a Labyrinth of Religion that few or none scarce can find out
aforesaid did on the deliver his Opinion in the Exchequer Chamber against John Hampden Esquire in the Case of Ship-Money that he the said John Hampden upon the matter and substance of the Case was chargeable with the Money then in Question A Copy of which proceeding and judgment the Commons of this present Parliament have delivered to your Lordships 7. That he the said Sir Robert Berkley then being one of the Justices of the Court of Kings-Bench and one of the Justices of Assize for the County of York did at the Assizes held at York in Lent 1636. deliver his charge to the Grand-Jury that it was a lawful and inseparable Flower of the Crown for the King to command not only the Maritime Counties but also those that were In-land to find Ships for the defence of the Kingdom And then likewise falsely and maliciously affirmed that it was not his single judgment but the judgment of all his Brethren witnessed by their subscriptions And then also said that there was a rumour that some of his Brethren that had subscribed were of a contrary Judgment but it was a base and unworthy thing for any to give his Hand contrary to his Heart and then wished for his own part that his Hand might rot from his Arm that was guilty of any such Crime when as he knew that Master Justice Hutton and Master Justice Crook who had subscribed were of a contrary Opinion and was present when they were perswaded to subscribe and did subscribe for Conformity only because the major Number of the Judges had subscribed And he the said Sir Robert Berkley then also said that in some Cases the Judges were above an Act of Parliament which said false malicious Words were uttered as aforesaid with intent and purpose to countenance and maintain the said unjust Opinions and to terrifie His Majesties Subjects that should refuse to pay Ship-Money or seek any remedy by Law against the said unjust and illegal Taxation 8. That whereas Richard Chambers Merchant having commenced a Suite for Trespass and false imprisonment against Sir Edward Bromfield Knight for imprisoning him the said Chambers for refusing to pay Ship-Money in the time that the said Sir Edward Bromfield was Lord Mayor of the City of London in which Suite the said Sir Edward Bromfield did make a special Justification The said Sir Robert Berkley then being one of the Justices of the Court of Kings-Bench in Trinity Term last then sitting on the Bench in the said Court upon debate of the said Case between the said Chambers and Sir Edward Bromfield said openly in the Court that there was a Rule of Law and a Rule of Government And that many things which might not be done by the Rule of Law might be done by the Rule of Government And would not suffer the Point of Legality of Ship-Money to be argued by Chambers his Councel all which Opinions Declarations Words and Speeches contained in the Third Fourth Fifth Sixth Seventh and Eighth Articles are destructive to the Fundamental Laws of this Realm the Subjects right of Property and contrary to former Resolutions in Parliament and to the Petition of Right which Resolution in Parliament and Petition of Right were well known to him and Resolved and Enacted when he was the King's Serjeant at law and attendant in the Lords House of Parliament 9. That he the said Sir Robert Berkley then being one of the Judges of the Court of King's-Bench and being in Commission of the Peace and duly sworn to execute the Office of a Justice of Peace in the County of Hertford on or about the seventh of January 1638. at which time the General Sessions of the Peace for the said County were there holden The said Sir Robert Berkley then and there sitting on the Bench did revile and threaten the Grand-Jury returned to serve at the said Sessions for presenting the removal of the Communion Table in All-Saints Church in Hertford aforesaid out of the Place where it anciently and usually stood and setting it Alter-ways against the Laws of this Realm in that Case made and provided as an Innovation in Matters concerning the Church the said Grand-Jury having delivered to them in Charge at the said Sessions by Master Serjeant Atkins a Justice of the Peace of the said County of Hertford that by the Oath they had taken they were bound to present all Innovations concerning Church Matters And he the said Sir Robert Berkley compelled the Fore-Man of the Jury to tell him who gave him any such Information and thereby knowing it to be one Henry Brown one of the said Grand-Jury he asked the said Brown how he durst meddle with Church Matters who affirming that in the said Charge from Master Serjeant Atkins the said Jury was charged to do he the said Sir Robert Berkley told the said Brown he should therefore find Sureties for his good Behaviour and that he the said Sir Robert Berkley would set a great Fine on his Head to make him an Example to others and thereupon the said Brown offered sufficient Bail but he the said Sir Robert Berkley being incensed against him refused the said Bail and committed the said Brown to Prison where he lay in Irons till the next Morning and used to the said Brown and the rest of the Jurors many other reviling and terrifying Speeches And said he knew no Law for the said Presentment and told the said Brown that he had sinned in the said Presentment And he compelled the said Grand-Jurors to say they were sorry for that they had done in that Presentment and did bid them to trample the said Presentment under their Feet and caused Brown to tear the said Presentment in his sight And he the said Sir Robert Berkley when as John Houland and Ralph Pemberton late Mayor of Saint Albons came to desire his Opinion on several Indictments against John Brown Parson of Saint Albons and Anthony Smith Vicar of Saint Peters in Saint Albons at the Quarter Sessions held at the said Town of Saint Albons on the four and twentieth of June 1639. for the removal of the Communion Table out of the usual Place and not Administring the Sacrament according to Law in that Case provided He the said Sir Robert Berkley then told them that such an Indictment was before him at Hertford and that he quashed the same and imprisoned the Promoters by which threatning and reviling Speeches unjust Actions and Declarations he so terrified the Jurors in those Parts that they durst not present any Innovations in the Church Matters to their great Grief and Trouble of their Consciences And whereas several Indictments were preferred against Matthew Brook Parson of Yarmouth by John Ingram and John Carter for refusing several times to Administer the Sacrament of the Lords-Supper to them without any lawful Cause at the Assizes held at Norwich in 1633. He the said Sir Robert Berkley then being one of the Judges of the Assize proceeded then to the Tryal on the said
Michaelmas-Term in the said fourth Year of His Majesties Reign His Majesties then Attorney General exhibited an Information by English Bill in the Exchequer against the said Samuel Vassal setting forth that King James by his Letters-Patents dated Tertio Novembr in the second Year of His Reign did command the said Imposition of five Shillings six Pence upon every hundred weight of Currants should be demanded and received And that His Majesty that now is by His Letters-Patents dated the six and twentieth Day of July in the second Year of His Reign did by advice of his Privy-Councel declare his Will and Pleasure to be That Subsidies Customs and Impost should be levyed in such manner as they were in the Time of King James and the same and the Farmers thereof to continue until it might receive a setling by Parliament and commanded the levying and receiving the same accordingly and that the said Samuel Vassal before the first Day of October then last before the said Information exhibited did bring into the Port of London in Ships four Thousand six Hundred thirty eight Hundred Weight of Currants Richard Carmarthen Surveyor in the said Port of London the said first Day of October demanded of the said Samuel Vassal the said Imposition of five Shillings six Pence for every hundred Weight of the said Currants and that the said Samuel Vassal refused to pay the said Imposition and unjustly detained it from the King To which Information the said Samuel Vassal appeared and pleaded the Statute of Magna Charta and the Statute of de Tallagio non concedendo and that he was a Subject born under the Kings Allegiance and a Merchant of London using that Trade and that the said Summ of five Shillings six Pence upon every hundred Weight of Currants was and is malum talentum and not antiqua seu recta consuetudo and that it was imposed without Assent of Parliament to which Plea the said Attorney General demurred in Law and the said Samuel Vassal joyned in Demurrer with him and when the said Cause came to be argued viz. in Trinity Term in the sixth Year of His Majesties Reign the said Sir Humphrey Davenport being then Lord Chief Baron of His Majesties said Court of Exchequer did contrary to his Oath and contrary to the Laws of this Realm and to the great impoverishment of the said Samuel Vassal publickly deny to hear the Councel of the said Samuel Vassal to argue for him and said that the Case of the said Samuel Vassal would fall under the same Rule with the Case of one Bates and therefore was already judged and when the Councel of the said Samuel Vassal answering that they had nothing to do with Bates his Case but desired to argue for Master Vassall the said Sir Humphrey Davenport replyed that they knew the Opinion of the Court and should be heard no further and said that the King was in Possession and that they meaning the said Court of Exchequer would keep him in Possession And the said Sir Humphrey Davenport shortly after did together with the rest of the then Barons of the said Court of Exchequer imprison the said Samuel Vassal for not paying such Summs of Money as were pretended by the said Officers of the Custom-House to be due to His Majesty and did delay the said Samuel Vassal from time to time from having restitution of his said Goods being often in Court moved thereto with intention to force the said Samuel Vassal to pay the said unlawful Imposition and did also give his Opinion and Judgment upon the said Information for the King and against the said Samuel Vassal and by several Orders for that purpose made did continue the Possession of the said Goods in the King and the said Samuel Vassal could never obtain any restitution at all of his said Goods 1. That whereas it was commanded to the Sheriff of the County of York by Writ under the Seal of His Majesties Court of Exchequer dated the sixteenth Day of May in the seventh Year of His Majesties Reign that now is That he should destrain James Maleverer Esquire to appear before the Barons of his Majesties said Court of Exchequer in the Octaves of the Holy Trinity then next following to make fine to the King for his Trespass and Contempt in not coming to the Presence of the King before the one and thirtieth Day of January in the first Year of his said Majesties Reign to take upon him the Order of Knighthood according to the Form of a Proclamation in that behalf formerly made at which Day of the said Octaves of the Holy Trinity the said James Maleverer did appear and pleaded to the said Writs that although His said Majesty the said one and thirtieth Day of January and for three Days next before the said one and thirtieth Day of January was resident and remaining at his Pallace at White-Hall in the County of Middlesex and that the said James Maleverer the said one and thirtieth Day of January and three Days next before the said one and thirtieth Day of January was resident and remaining at Ancliff in the said County of York which is distant from the said Pallace of White-Hall the space of one Hundred and fourscore Miles and that the said James Maleverer the said one and thirtieth Day of January aforesaid or at any time before had no Lands nor Rents in his own Hands or in the Hands of Feoffees to his use out of the said County of York and that that part of the said County of York which is nearest to the said Pallace of White-Hall is distant from the said Pallace of White-Hall the space of one hundred and thirty Miles and that no Proclamation by vertue of any Writ of Proclamation for the appearance of any Persons whatsoever to take the said Order of Knighthood was made in any Part of the said County of York before the thirtieth Day of January in the said first Year of His Majesties Reign by reason whereof the said James Maleverer could not personally come to the Presence of His said Majesty to take the said Order of Knighthood before the said one and thirtieth Day of January in the said first Year of His Majesties said Reign yet the said James Maleverer for his Fine in the Premisses did humbly submit himself to the said Court and demanded to be discharged of the said Issues returned and imposed upon him by reason of the Premisses yet notwithstanding the said Plea and Submission of the said James Maleverer and after the same was made as aforesaid and entred upon Record in His Majesties said Court of Exchequer and the said Court moved for stay of the Process and discharge of the Issues the said Sir Humphrey Davenport being then Lord Chief Baron of the said Court of Exchequer contrary to his Oath and contrary to the Laws of this Realm and to the great impoverishing of the said James Maleverer did together with the rest of the then Barons of the said
Friday July 9. at which Mr. Denzil Hollis made this following Speech My Lords THe Knights Mr. Denzil Hollis his Speech about the Palatinate July 9. 1641. Citizens and Burgesses of the House of Commons have commanded me to let your Lordships know that they have taken into their serious Consideration His Majesties Proposal unto them of the Manifesto in which he is graciously Pleased to declare his Pious Intentions concerning his Royal Sister the Prince Palatine her Son and the rest of the Electoral Family They do with all Humbleness acknowledg His Majesties Favor in communicating unto them any part of His Royal Thoughts and asking their Advice and Counsel in a Business that doth so neerly concern Him as needs must the Happiness nay the Subsistence of these Distressed Princes of so Glorious an Extraction their Veins being enriched with the same Blood that is from so Royal Ancestors derived with Glory into his Sacred Person And in that Relation the House of Commons looks upon them with an Eye of Tenderness wishing that every drop of that Princely Blood may ever be illustrated with Honor and Happiness That His Majesty may be Crowned with this Blessing To see nothing but Glory in himself and in all that belong unto him To hear then that these Princes so nearly allyed unto the King should suffer that which is so unworthy of them instead of Honor of Greatness to find Oppression instead of a Fortune answerable to their Birth and Relation to have their ancient Patrimony torn from them and deteined by a Hand of Violence is a Thing which makes our Ears to tingle and our Hearts to rise within us My Lords The Loyal Subject of England is so well tuned in a sweet agreeing Harmony to the Person of his Prince that he is affected with the least Touch upon any part of the Princely String and Answers it instantly with a Sound proportionable If it be Good and Pleasant with Joy and Exultation if harsh and displeasant with Sorrow and Lamentation but a Sorrow not Womanish and Effeminate but accompanied with Indignation and vigorous magnanimous Resolution to be avenged upon whosoever dare give Offence to our Royal Sovereign This then is enough to make us zealous for the Redress of the Prince Electors Wrongs to desire with impatience to see him reinvested in his rightful Possessions were there nothing else to move us to it but our Love and Affection and our Duty to the King But My Lords There is yet another Motive which hath a strong irresistable Operation with us and it is the consideration how much this is of Importance to the good of Religion the advancement of the Protestant party and the redeeming many Souls from their Anti-Christian Bondage which hath a double Aspect and relates to us not only as we are Fellow-Members with them of the true Church which obliges us to a Care and Defence of them and gives us an assurance of a Reward in Heaven But doth more particularly concern us in point of Policy and Reason of State by supporting our Allies to advance this Kingdom to the highest pitch of Greatness and Reputation to make us formidable abroad to the Enemies of our Church and State and so injoy Peace and Safety and Tranquillity at Home For My Lords The Protestant Religion and this Kingdom are like Hippocrates's Twins that must both Live and Die together It is madness to think this State can subsist if Religion be subverted and as great a madness to think our Religion can continue here if we suffer it to be destroyed and eradicated out of our Neighbour Countries which can no more be that is our Religion and this Kingdom be preserved when our Neighbours of the same Religion and Belief with us be consumed then a Fort can hold out when all the Out-Works be taken or the Heart preserved when a Gangrene hath seized on the outward Parts of the Body My Lords As the true Religion is in the Truth the Heart of England which gives it Life and makes it flourish with Strength and Power so is England in Politick Respect the Heart of the Protestant Religion in all the other Parts of Christendom and upon Occasion must send out Supply into all the Neighbouring Countries professing the same Religion with it which to be themselves in safety must be under the Protection of this Fort under Contribution to this Garrison And on the other side if these Countries be one after another Invaded and Possessed by the Enemies of Religion that great Tye of Religion between us and those Bonds be Dissolved which only can Unite and Strengthen our mutual Affections and Relations as if they get one Part their Appetite will increase soon to swallow up another First The Palatinate then the other Parts of Germany afterwards the Low Countries and then Let us think in what Condition England will stand It will be left as a Cottage in a Vineyard as a Lodg in a Garden of Cucumbers as a besieged City when all the Defences are gone it will soon fall to be a Prey to the Enemy My Lords This Consideration likewise works with the Commons of England and as the Wise-Man is to have his Eyes in his Head and look before him so they do look before them and had rather see this Evil met half-way then stay till it come to them rather see the eating Gangrene of the Austrian Ambition stop'd in Germany then tarry till it seize upon the Vital Parts of this Island and the death of Religion inevitably follow Sir Benjamin Rudyard also at a Committee of the whole House Mr. Whitlock being in the Chair spoke to this business as follows Master Whitlock IF we may do the Prince Elector good by our good word Sir Benjamin Rudyard's Speech at a Committee of the whole House about the Palatine July 9. 1641. I hope we shall not stick to afford it him A word spoken in due Season is worth more then Gold and Silver at an other time His Majestie 's Ambassador is now at the Dyet at Ratisbon where the Emperor and other Princes are by Friendly Treaties endeavouring to make up the Breaches of Germany If this opportunity be omitted His Highness's Affairs will be exceedingly cast behind-hand It is true that our Treaties heretofore have not been prosperous the reason hath been because of the unhappy distance between the King and His People which brought a Disvalue upon this Kingdom abroad But now when the World shall take notice of the good understanding between His Majesty and His Subjects by an earnest and solemn joyning of the whole Parliament with His Majestie 's Declaration the Propositions coming from hence will carry with them more Weight more Authority which is the way to redeem our engagement at an easie rate to save those great charges which some do so much fear If we should be backward in this great work we shall cancel the obligations of Nature of Honour of Reason of State of Religion which
grants and otherwise And that all His Majesties debts then due in this Kingdom were satisfied out of the said Subsidies and yet His Majesty is of late as the Petitioners have been informed in the House of Commons become indebted in this Kingdom in great Sums And they do therefore humbly beseech that an exact accompt may be sent to His Majesty how and in what manner his Treasure issued 12. The Petitioners do humbly conceive just and great fears at a Proclamation published in this Kingdom in Anno Domini 1635. Prohibiting Men of Quality or Estates to depart this Kingdom into England without the Lord Deputies License wherein the Subjects of this Kingdom are hindred and interrupted from free access to Address to His Sacred Majesty and Privy Council of England to declare their just Grievances or to obtain Remedies for them in such sort as their Ancestors have done in all Ages since the Reign of King Henry the Second and great Fees exacted for every of the said Licenses 13. That of late His Majesties late Attorney General hath exhibited Informations against many Boroughs of this Kingdom into His Majesty's Court of Exchequer to shew cause by what Warrant the said Burgesses who heretofore sent Burgesses to the Parliament should send the Burgesses to the Parliament and thereupon for want of an Answer the said Priviledges of sending Burgesses was seised by the said Court which proceedings were altogether Coram non Judice and contrary to the Laws and Priviledges of the House of Parliament and if way should be given thereunto would tend to the Subversion of Parliaments and by consequence to the ruine and destruction of the Common-wealth And that the House of Commons hath hitherto in this present Parliament been deprived of the Advice and Counsel of many profitable and good Members by means thereof 14. By the powerfulness of some Ministers of State in this Kingdom the Parliament in its Members and Actions hath not his natural Freedom 15. And lastly That the Gentry and Merchants and other His Majesty's Subjects of this Kingdom are of late by the Grievances and Pressures beforesaid and other the like brought very near to Ruine and Destruction And Farmers of Customs Customers Waiters Searchers Clerks of unwarrantable proceedings Pursivants and Goalers and sundry others very much enriched whereby and by the slow Redress of the Petitioners His Majesties most Faithful and Dutiful People of this Kingdom do conceive great fears that their readiness approved upon all occasions hath not been of late presented to his Sacred Majesty For remedy whereof the said Petitioners do humbly and of right beseech your Lordship that the said Grievances and Pressures may be speedily redressed and if your Lordship shall not think fit to afford present relief that your Lordship might admit a select Committee of this House of Persons uninteressed in the benefit arising of the aforesaid Grievances to be licensed by your Lordship to repair to his Sacred Majesty in England for to pursue the same and to obtain fitting remedy for their aforesaid and other just Grievances and Oppressions and upon all just and honourable occasions they will without respect of particular interest or profit to be raised thereby most humbly and readily in Parliament extend their uttermost endeavour to serve His Majesty and comply with his Royal and Princely occasions And shall pray c. Not long after the Lord Deputy Wendesford died Lord Deputy Wendesford dies viz. the Third of December following whereupon Robert Lord Dillon of Kilkenny-west and Sir William Parsons Knight and Baronet Master of the Court of Wards L. Dillon and Sir William Parsons made Lords Justices were Constituted Lords Justices of Ireland and were accordingly Sworn the 30th of December 1640. But the Lord Dillon whose Son had married the Earl of Strafford's Sister and who being a Person of great Parts and Abilities and passionately devoted to the Earl's Interests both by Alliance and Inclination was no way grateful to the Faction it was not long therefore before the King who in all things endeavoured to sweeten them by gratifying them in whatever they desired was prevailed with L. Dillon displaced and Sir John Borlase substituted in his room at the Importunities of the Irish Committees then at the Court to displace the Lord Dillon and appoint the aforesaid Sir William Parsons and Sir John Borlase to be Lords Justices of the Kingdom of Ireland These Gentlemen by His Majesties Command applied themselves to give such satisfaction to His Majesties Subjects of Ireland as in reason they could desire and among other things His Majesty was pleased to reduce the Subsidies from 40000 l. a Subsidy to 12000 a piece and all things seemed to be in a most quiet and peaceable Posture and Condition of Settlement But yet even then which seems much to confirm the Lord Macguire's Confession this Rebellion was upon the Anvil for about the latter end of the year 1640 the King received some advertisements of a Design then on Foot to raise some Commotions in Ireland whereupon the King whose care for the Security of his Kingdom and Protestant Subjects of Ireland was always awake caused Sir Henry Vane his Principal Secretary of Estate to advertise the Lords Justices Parsons and Borlase of it and to Command them to take care therein The Letter which I find in Dr. Borlase's History was delivered to the Lord Parsons and found after his Death in his Study by Sir James Barry Lord Baron of Santry and presented to His present Majesty and was in these Terms Right Honourable HIS Majesty hath Commanded me to acquaint your Lordships with an Advice given him from abroad Sir H. Vane's Letter to the Lords Justices concerning some Informations of danger in Ireland and confirm'd by his Ministers in Spain and elsewhere which in this Distemper'd Time and Conjuncture of Affairs deserves to be seriously consider'd and an especial care and watchfulness to be had therein which is That of late there have passed from Spain and the like may well have been from other Parts an unspeakable number of Irish Church-men for England and Ireland and some good old Soldiers under pretext of asking leave to raise Men for the King of Spain whereas it is observed among the Irish Friars there a whisper runs as if they expected a Rebellion in Ireland and particularly in Connaght Wherefore His Majesty thought fit to give your Lordships this notice that in your Wisdoms you might manage the same with that Dexterity and Secresie as to Discover and Prevent so pernicious a Design if any such there should be and to have a watchful Eye on the Proceedings and Actions of those who come thither from abroad on what pretext soever and so herewith I rest Your Lordships most Humble Servant Henry Vane White-Hall March the 16 th 1640. The preservation of this Letter appears very uncommon and looks as if Providence interessed in the Vindication of Oppressed Innocence had reserved it to clear the
in England shall be dissolved Concerning the sending of the Capuchins out of the Kingdom The Votes of the Lords upon these Eight Propositions this House will suspend giving any Resolution therein until a List of the Queens Priests and Servants is brought in Resolved upon the Question That the Ambassadors be desired from the Parliament to dismiss out of their Houses such Priests as are the Kings Native born Subjects and in case they shall hereafter be found abroad they shall not have any protection but be proceeded in according to the Laws of this Kingdom Resolved c. That the Lord Chamberlain of the Queen shall bring in a List of the Queens Priests and Servants and the Lord Chamberlain of his Majesties Houshold shall bring in a List of the Names of the Servants belonging to the King Prince and the rest of the King's Children 4. To the Fourth It is Ordered That this House agrees to this Resolution but do refer the manner of issuing out the Proclamation until the Commission given to the Lords of the Councel for issuing out Proclamations be perused 6. Concerning the sequestring of the Isle of Wight into another Hand this House thought fit to return this Answer to the House of Commons That in regard they have offered no Reasons for the same their Lordships know not how to give an Answer But when they shall shew their Lordships Reasons for so doing they will take the business into Consideration 7. Concerning the securing the persons of Recusants It is Ordered To be debated on Monday Morning next 8. Concerning the Earl of Essex 's having Power over the Trained Bands this House defers their Resolutions concerning it until the Commission of the Earl of Essex for Captain General of the South be brought into this House and perused which is to be done on Munday next In the Commons House It was Ordered Connelly Ordered to have 500 l. paid presently That whereas Owen O Connelly who discovered the Treason in Ireland had 500 l. appointed him in part of Recompence that Sir Robert Pye and Mr. Wheeler the Treasurers for the Poll-money of Westminster do forthwith pay unto the said Connelly the said 500 l. The greatest part of the Morning was spent in preparing the Heads for the fore-mentioned Conference with the Lords But among all these great Affairs which were before them the Faction in the House was still at Leisure to fall upon the Loyal and Orthodox Clergy against whom they had a most irreconcileable Animosity For upon a Complaint and Information given in to the House by some of the Zealots without Doors who made it a great part of their Religion to Inform and Article against the Loyal and Orthodox Clergy It was this day Ordered That Dr. Fuller Dr. Fuller Dean of Ely sent for as a Delinquent for his Sermons Dean of Ely shall be sent for as a Delinquent for divers dangerous and scandalous matters delivered by him in several Sermons Thus did these persons who would not permit the Clergy to intermeddle in Secular Affairs boldly thrust their Sickle into the harvest of Spiritual Matters though by the Confession of One of their own Members in a Speech he saith he intended to have spoken as this day to arraign the Order of the 8th of September they were not Idonei Competentes Judices This day it seems was fixed for the Debating the Validity of that Order but by the intervening of other business it was put off and so lay sine die however I think it is not fit to let the Speech sleep so too which it may be was the best that Unfortunate Gentleman ever made or intended to speak in that place where swimming down the rapid Torrent of General Accusations of Fears and Jealousies he so far lost himself that when he would have done something to the stopping the Breaches in the Banks of the Government which he had helped to cut he found it as many others did out of his power to Effect and was himself in danger of being presently drowned in the Deluge which he had helped to raise with the Wind of Popular breath The Speech as I find it in his own Collections pag. 37. was in these Words Master Speaker ME thinks A Speech of Sir Edward Deering's about the Order of the Commons of Sept. 8. 1641. I am now going to Walk upon the Ridge of a House a dangerous Praecipice on either Hand On the one side I must take heed that I speak neither more nor less than the inward Dictate of my own Conscience on the other Hand I shall be afraid to presume above your better Judgments My Path is narrow I must look to my Footing Dixi custodiam vias meas c. I said I will look to my Waies that I Offend not in my Tongue Thus I preface because I foreknow that I shall speak to the dislike of some Worthy Members of this Honorable House Sir Two Questions are before us First in General how far an Order of this House is binding de foris not upon our own Members here but upon the People the King's Subjects abroad Secondly the Validity and Invalidity of your particular Order of the Eighth and Declaration of the ninth of September last For the First I am clear in this Opinion That we may enforce any thing that is undoubtedly grounded upon the Law of the Land Shew me that Foundation and I will concur with you in any Resolution We may also declare against any Thing that is introduced contrary to our Laws Farther than this I know no Way unless it be by Bill and then I know no Limitation no bound Thus in brief for the General I come now to your particular Order Master Speaker I shall be afraid to arraign your Orders I have already been Controlled not for doing so but as if I had done so yet Sir I have often heard it in this House that We are Masters of our own Orders and then I think we may in this Place arraign them that is Question them Try them Approve Alter Reject or Condemn them Was not our Protestation more sacred than an Order yet that was revised and to stop some Objections new Senced by us And I take it lawful in this Place to arraign if that be the Word even an Act of Parliament and then a fortiori an Order of this House Surely Sir I shall speak reverently of all your Orders when I am abroad I have done so of this I am resolved that my Obedience shall therein be found good although my particular Reason be rebellant to your Conclusions This is my Duty abroad but here in this House within these Walls freedome is my Inheritance and give me lieve I pray at this time to use a part of my Birth-right The Seasonableness and the Equity of your Order both are controverted You all know that this is a dangerous time to make any determinations in Matter of Religion whether it be in the
which time they met and concluded of an Order to Adjourn the House till Tuesday the 11th of January 1641. And in the mean time appointed a Committee of the House of Commons to Sit in London to consider of the Safety of the King Kingdom and Parliament and of repairing of the Priviledges of Parliament so highly broken Which Meeting hath produced several Orders and Decalrations for maintaining the Priviledges of Parliament which are to be reported to the House and there to have its force But for the Safety of the Kingdom and City which they conceived to be in Imminent danger the Committee for Irish Affairs of the House of Commons propounded the consideration thereof to the Committee of the Lords House for Irish Affairs who sate likewise in London who in regard the King had denyed both Houses a Guard to protect them and in regard such an Hostile Plot was intended as was apparently proved declared their Opinion That whereas the King and Parliament was in so great danger that in that Case the Sheriffs of London and Middlesex ought to come with the Posse Comitatus to the Parliament to defend the King and Parliament To which Opinion the Committee of the House of Commons assented which was communicated to the Lord Mayor Aldermen and Common Councel of London and they delivered their Opinions herein and expressed their forwardness hereunto This Breach of Priviledg of Parliament begot much discontent in the Parliament and People and the more in regard by special Command the Articles against Master Pym and the rest were Printed and the same published by Sir William Killegrew and Sir William Flemyn and delivered in his Majesties Name as they falsely pretended to the Four Inns of Court to the end to make these persons the more odious to them and the Kingdom And in regard the consequence of admitting this Accusation in this manner against these five persons is a president to take away the whole House of Commons at a breath under pretence of High Treason if as God forbid an Accusation of this Nature should be hereafter and considering that to this very day 11 Januar. 1641. no Articles of Impeachment is come into the House of Commons by the King's Attorney or otherwise or from the Lords House if any be there against them till which time that it come from thence by Messengers of their own if there first depending the House cannot legally take notice thereof This and many other Reasons made the House of Commons to insist upon it besides the great merit of these persons whom as the House hath declared though as dear as their Lives unto them they will deliver over unto a Tryal so as his Majesty will proceed against them in a Legal way either at the Kings-Bench or in Parliament and produce any Subject in England that will stand to make good the Accusation and in case they fail to make it good that his Majesty will let them be forth-coming and also to discover those wicked Counsels that have advised him to this course that they may be brought to condigne punishment The City and People in the adjacent Parts are so much moved in this business and fearing some suddain Execution may be done upon the Parliament both the House of Peers and House of Commons and the Lords of the Privy Councel having declared that this Act of his majesties without their Advice and against the Priviledges of Parliament That they yesterday declared That Eight Companies of the Trayned Bands with 8. Pieces of Ordnance and divers Horsemen mounted shall Guard the Committees of the House of Peers and Commons from Grocers-Hall in London to Westminster And the Sea Captains Masters of Ships and Marriners with small Barges and Long-Boats sufficiently Mann'd and Armed with Murderers Rablets Faulchion and Minion with Musquet and Half-Pikes to the number of 2000 persons have engaged themselves to Guard the Parliament by Water The Trayned Bands in Southwark have offered themselves to secure all the other side of the Water and the Apprentices tendred their Services to attend the Parliament to the number of Ten Thousand with Warlike Weapons but those the Parliament enjoyned to stay at home And lastly the Watermen tendred their Barges for more Safety to carry the Parliament-men by Water All which to the great admiration of all the Beholders put in Execution this day And that which is most considerable 4000 Horsemen are come to the House of Commons this day except some of them which lay at Vxbridge and places thereabouts with a Petition in the Name of the whole County of Buckingham That Mr. Hampden their Knight of the Shire may receive his Tryal and not lie under the name of High Treason and cannot obtain a Legal way of Tryal and that if he acquit himself as no good men make doubt of Justice in a high measure may be done upon the false informers of his Majesty how near or how great soever They being confident that it is but design of the Popish Party to put an interruption in the Proceedings of Parliament that no Relief may be sent to Ireland but that more Protestant Blood may be shed there and that all Acts made this Parliament may be avoided under pretence of no Free Parliament And lastly to force a Breach of this Parliament by an untimely Adjournment or fayl of meeting through fear of danger By this it will be easy to observe how the People were deluded and inflamed into those Heats and Commotions which cast this Nation so dear and by what wayes the popular Poison and and Contagion spread it self far and wyde so as to become almost an Epidemical Disease throughout the Kingdom and will plainly demonstrate how dangerous a Tool the Press is when the Hand of Faction And now let us take a view of their Actions and how they demeaned themselves having got the Bishops cooped into the Tower and the King out of the Town Tuesday Jan. 11. and themselves triumphantly replaced at Westminster The Lord Lieutenant of Ireland Reported That the Lords Committees for the Irish Affairs have met in London with the Committee of the House of Commons and have agreed upon some Resolutions concerning the Affairs of Ireland 1. That 2500 l. out of the Loan Money be forthwith delivered to Sir Job Harvey and Sir John Nulls who have undertaken to return it to Chester for the Paying and Transporting the 300. Men now there to Dublin 2. That 3000 l. more be paid to them they having undertaken to give Credit to Mr. Walter Frost Commissary for the Victuals The Committee of the House of Commons told the Lords Committees likewise That they were now at the bottom of their Purses and for-as-much as the necessity of providing Money and of the Supply for the present relief of Ireland requireth the Consideration of both Houses of Parliament and for-as-much as they cannot sit in safety without strong and sufficient Guards from the City of London and adjacent Parts they desire
he might Arrest them of High Treason And whereas afterwards the next day His Majesty in His Royal Person came to the said House attended with a great multitude of men armed in warlike manner with Halberts Swords and Pistols who came to the very door of the House and placed themselves there and in other places and passages neer to the said House to the great terrour and disturbance of the members then sitting and according to their duty in a peaceable and orderly manner treating of the great affairs of England and Ireland And his Majesty having placed himself in the Speakers Chair demanded of them the Persons of the said members to be delivered unto him which is a high Breach of the Rights and Priviledges of Parliament and inconsistent with the Liberties and Freedome thereof And whereas afterwards His Majesty did issue forth several warrants to divers Officers under His own hand for the apprehension of the Persons of the said members which by Law he cannot do There being not all this time any Legal charge or accusation or due Process of Law issued against them nor any pretence of charge made known to that House All which are against the Fundamental Liberties of the Subject and the Rights of Parliament Whereupon we are necessitated according to our duty to declare And we doe hereby declare that if any person shall arrest Mr. Hollis Sir Arth. Haslerig Mr. Pym Mr. Hampden and Mr. Strode or any of them or any other Member of Parliament by pretence or colour of any Warrant issuing out from the King only is guilty of the Breach of the Liberties of the Subject and of the Priviledge of Parliament and a publick enemy to the Common-Wealth And that the arresting of the said Members or any of them or of any other Member of Parliament by any Warrant whatsoever without a Legal Proceeding against them and Without consent of that House whereof such Person is a Member is against the Liberty of the Subject and a Breach of Priviledge of Parliament And the Person which shall arrest any of these Persons or any other Member of the Parliament is declared a publick Enemy of the Common-Wealth Notwithstanding all which we think fit further to declare That we are so far from any endeavours to protect any of Our Members that shall be in due manner prosecuted according to the Laws of the Kingdom and the Rights and Priviledges of Parliament for Treason or any other Misdemeanours That none shall be more ready and willing then we our selves to bring them to a speedy and due tryal being sensible that it equally imports us as well to see justice done against them that are criminous as to defend the just Rights and Liberties of the Subjects Mr. Whitlokc's Reports from Grocers-Hall Jan. 8th 1641. and Parliament of England And whereas upon several examinations taken the seventh day of this instant January before the Committee appointed by the House of Commons to sit in London it did fully appear that many Souldiers Papist and others to the number of about 500. came with his Majesty on Tuesday last to the said House of Commons armed with Swords Pistols and other weapons and diverse of them pressed to the door of the said House thrust away the door-Keepers and placed themselves between the said door and the ordinary attendants of His Majesty holding up their Swords and some holding up their Pistols ready Cock'd near the said door and saying I am a good Marksman I can hit right I warrant you and they not suffering the said door according to the custom of Parliament to be shut but said they would have the door open and if any opposition were against them they made no question but they should make their party good and that they would maintain their party and when several members of the House of Commons were coming into the House their attendants desiring that room might be made for them some of the said Souldiers answered A Pox of God confound them and others said A Pox take the House of Commons let them come and be hang'd what a doe is here with the House of Commons and some of the said Souldiers did likewise violently assault and by force disarm some of the Attendants and servants of the Members of the House of Commons waiting in the Room next the said House and upon the Kings return out of the said House many of them by wicked oaths and otherwise expressed much discontent that some Members of the said House for whom they came were not there and others of them said when comes the word and no word being given at His Majesties coming out they cryed a lane a lane afterwards some of them being demanded what they thought the said company intended to have done answered That questionless in the posture they were set if the word had bin given they should have fallen upon the House of Commons and have cut all their throats Upon all which we are of opinion that it is sufficiently proved that the coming of the said Souldiers Papists and others with his Majesty to the House of Commons on Tuesday last being the fourth of this instant January in the manner aforesaid was to take away some of the Members of the said House and if they should have found opposition or denyal then to have fallen upon the said House in an hostile manner And we do hereby declare that the same was a Traiterous design against the King and Parliament And whereas the said Master Hollis Sir Arthur Hasterigg Mr. Pym Mr. Hampden Mr. Strode upon report of the coming of the said Souldiers Papists and others in the warlike and hostile manner aforesaid did with the approbation of the House absent themselves from the service of the House for avoiding the great and many inconveniencies which otherwise apparently might have hapned Since which time a printed paper in the form of a Proclamation bearing date the sixth day of this instant January hath issued out for the apprehending and imprisoning of them therein suggesting that through the Conscience of their own guilt they were absent and fled not willing to submit themselves to justice We do further declare That the said printed paper is false scandalous and illegal and that notwithstanding the said printed paper or any Warrant issued out or any other matter yet appearing against them or any of them they may and ought to attend the service of the said House of Commons and the several Committees now on foot And that it is lawful for all persons whatsoever to lodge harbour or converse with them or any of them And whosoever shall be questioned for the same shall be under the protection and priviledge of Parliament And We do further declare Mr. Glyn reports from Grocers-hall Jan. 10th 1641. That the publishing of several Articles purporting a form of a charge of high Treason against the Lord Kimbolton one of the Members of the Lords House and against the said Mr. Hollis
both kept these Persons under the Terror of their Lash and also justified their own Proceedings in being so merciful to take Bail for such Persons as by this means were though never so Innocent still reputed Guilty and obnoxious to the Justice of the Parliament After this there were several Declarations read and the last mentioned concerning putting the Kingdom into a posture of Defence which was now the great Affair upon their Hands And in Order to the better accomplishing of it An addition to the Committee for putting the Kingdom into a Posture of defence Mr. Martin Mr. Sam. Brown Sir Gilbert Gerrard Sir Walter Earl Sir Tho. Bowyer Sir Robert Pye Sir John Holland Lord Fairfax Sir Hen. Heyman Mr. Seldon Mr. Bodville Sir John Evelyn Sir Tho. Barrington Sir Arthur Ingram Sir Tho. Widdrington Mr. Hill Mr. Rigby were added to the Committee appointed to consider of putting the Kingdom into a Posture of Defence A Committee was also appointed to examine Captain Legg concerning the Commission and Instructions which he carried down concerning the securing the Magazine of Hull Thanks to the Inhabitants of Bucks for their readiness to suppress the Kingston Forces It was also Ordered this Day That the Knights of the Shire for the County of Bucks do return Thanks to the Sheriff Justices of the Peace Gentry and Free-Holders of the County of Bucks that have prepared themselves in a readiness to suppress the Forces informed to be at Kingston and to acquaint them that this House is informed those Forces are dispersed and therefore that at this time there is no need of their coming out of their County Then it was Resolved c. and accordingly Ordered That Mr. White Master of the Ship lately come from Berwick by Order of the House of Commons with Arms and Ammunition and under their Pay shall fall down the River with the Ship somewhat beyond the Command of the Tower and no further and that if any Person shall offer to take away the Arms and Ammunition out of the said Ship that then he shall call to him the assistance of Saylors and other Persons for the keeping of the same till further Order of the House of Commons They were perpetually urging the King for Arms and Ammunition out of the Tower and other Stores for Ireland yet a thought never entred into their Heads to send this Ship with her Lading away for a present Supply which certainly they would have done had they not been really solicitous to exhaust the King's Stores rather than to relieve Ireland and this was also to countenance the Fears and Jealousies of the Lieutenant of the Tower in Order to have him displaced The Lords having appointed a Committee of 21 Lords to consider the matter of Breach of Privileges Sir Henry Vane Mr. Pym Mr. Hollis Sir Phillip Stapleton Sir Hugh Cholmeley Mr. Whitlock Mr. Grimston Mr. Chancellor of Excheq Sir John Evelyn Sir Robert Coke Sir Benjamin Rudyard Serjeant Wild Sir Walter Erle Sir Thomas Barrington Mr. Prideaux Mr. Sollicitor Sir Samuel Rolle Mr. Nath. Fiennes Mr. Hampden Mr. Arthur Goodwin Mr. Cage Mr. Rouse Lo. Falkland Lo. Gray Lo. Wenman Mr. Rogers Mr. Selden Mr. Lav. Whittacre Sir John Potts Mr. Reynolds Mr. Palmer Committee to consider of breach of Privilege Sir Tho. Bowyer Mr. Kirton Mr. Martin Mr. Long Sir John Hotham Sir John Holland Mr. Strode Mr. Glyn Mr. Rigby Sir Guy Palmes Sir Ralph Hopton Mr. Brown Mr. Vaughan Sir Ed. Patherich were appointed a Committee to joyn with the Lords for that purpose and to frame a Petition to his Majesty The Committee which was appointed to be present at the Lords House at the Bishops giving in their Answer were Mr. Glyn Serjeant Wild Mr. Samuel Brown Mr. Rigby Mr. Reynolds Mr. Prideaux Mr. Palmer Mr. Whistler Sir Tho. Widdrington Mr. Lisle Mr. Hill Mr. Grimston Mr. Sollicitor Mr. Peard Mr. Bagshaw Mr. White The last of which a most bitter Enemy of the Loyal and Orthodox Clergy took occasion to display his malice against them in this following Speech Mr. Speaker Mr. White 's Speech against the Bishops Jan. 17. 1641. BY woful experience we have been sensible of the great evils committed by ill affected persons to the peace and security of the Kingdom producing thereby these dangerous and troublesome times * * even such as this speech maker even such are the troubles that this whole Nation and the other his Majesties Kingdom 's is fallen in to and lies groaning under that we have not felt the like in this Land never since the civil divisions between the two Houses of York and Lancaster or Barons wars were on foot in the same nay let these troubles of our times be compared with them * * Never a truer word spoken they are of far more dangerous consequence there was in those days onely the sword to decide the controversies no other place chosen for that purpose but the field in a Warlike and Couragious manner In these our divisions we have adversaries of no courage or magnanimity that rise against us only subtil and treacherous spirits lying in their Cabinets and keeping themselves close in their stately buildings their devising on divellish and hellish stratagems to be put secretly in Execution for our Destruction as powder-plots fiering privately of Towns nay Cities if their endeavours might have success according to their desires which strikes us with amasement and continual fear of our safety in our own habitations and places of livelyhood we cannot discern so corrupt are the hearts of most men who scarce to converse inhabit or eat withal so malicious is Satan working in his instruments in whom he dwells and over whom he altogether Reigns and Rules to bring to pass his own ends that he works by no ways but by practising of unheard or unconceived of Plots amongst Christians as by Sorcery Witchcraft Poisoning and the like these inventions can we not be aware of A man seeing his Enemy and knowing him to be so may use means either to resist or flie from him thereby to save himself but being in place unsuspected to meet an Enemy pretending himself a Friend or at least not knowing or conceiving him to be his Enemy how can he be secure how can he defend himself or Preserve himself from his Malice or Destruction these times are now filled with such malignant Spirits devoted altogether to the service of the Divel labouring by all means to bring confusion and desolation on all the opposers or not complyants to their wicked designs Mr. Speaker having presented to your considerations the manifold dangers and troubles we sustain by these practises of malignant persons I presume humbly to present to your view the Authors of the same their practices to compass their desires and the means to avert and remedy the same which I desire you to consider of and apply the same as to your Judgements and Wisdoms shall seem requisite The greatest and chiefest
Ireland to the Lord Lieutenant 900 901 902. F. RObert Farnham 's Deposition in behalf of the Lord and Lady Muskerry 635. Sir Robert Farrer a Witness for the Earl of Strafford 60. Fast mov'd for by the House of Commons for the Irish Rebellion 737. agreed 754. for a monthly one 777. Faunt 's Case 324. Mr. Finch Vicar of Christ-Church London Votes against him 233. Fitz-Garret a Witness against the Earl of Strafford 57 68 74. Florence the Resident from thence his Complaint 596. a Committee upon it 645. Forrests ascertain'd in their Bounds by Act of Parliament 431. many Frays happen about it 499. 625. Sir Edward Fowles a Witness against the Earl of Strafford 11. Blunders in his Evidence 55. Mr. Franklin a mistake in his Annals rectified 247. Sir Ralph Freeman a Witness against the Earl of Strafford 91. French the House of Commons in great fear of them 233. 242. French Embassador desires the English Disbanded Army for his Masters Service 395 436. Tumults about his House 468. intercedes for the Rioters 476. Dr. Fuller Dean of Ely Petitioned against by the Sectaries 492. sent for as a Delinquent for his Sermons 609. Bayled 626. G. SIr Henry Garaway a Witness against the Earl of Strafford Gatton in Surry a dispute about Election of Members there 599. Lord General scruples letting the Scots march through Berwick 452. S. German a Frenchman committed to the Gate-House 651. released 711. Mr. Glyn appointed a Manager of Evidence against the Earl of Strafford 28. passionate at some expressions of the Earl of Strafford 39. his Speech upon summing up the Evidence 124. one of the Committees to expedite the Charge against the Arch-Bishop Laud 265. his Speech about breach of Priviledge 827. Henry Gogan a Witness against the Earl of Strafford 90. Evers Gore a Witness against the Earl of Strafford 53. Lord Gorge Governor of Hurst Castle Summoned to appear 596. Collonel Goring accused for a Conspiracy to seduce the Army 232. discovers a Vote in his Favour 272. Lord Gorminston a Witness against the Earl of Strafford 56. contradicts himself 57. his Commission for suppressing the Irish Rebellion 630. is said to have given Intelligence to the Rebells 905. combines with them 907. they make him General of the Forces of the Pale 917. Patrick Gough a Witness against the Earl of Strafford 70. John Gower a Witness against the Earl of Strafford 53. Grand Question concerning Bishops Votes in Capital cases an abstract of it 503. Lord Grandison see Newark Richard Grave his Examination about the Irish Rebellion 522. Dr. Gray sent for as a Delinquent 772. St. Gregories Parishioners Complaint against Inigo Jones 728. Sir Henry Grisfin a Witness in the Case of the Earl of Strafford 93 94. Serjeant Grimstone one of the Committee to prepare the Charge against the Earl of Strafford 7. appointed to be presented at the Examination of Evidence against him 11. his Speech concerning Breach of Priviledge 825. Guard Ordered about the Parliament House 487. a Conference about it 595. Establisht by the House of Commons 623. Dissolv'd by the King 684. Message c. about it 684 685. Reasons of the House of Commons for their Continuance 687. refused by them when ordered by the King 688. Guard not of their own appointment displeases them 726. examin'd and discharg'd 727. Votes of the House of Commons about Guards 729 732. their Message about it 789. rejected by the House of Lords 793. a Committee ordered to wait upon his Majesty concerning it 801. the King orders one under the Earl of Lindsey 833. the House of Commons Order another under Major Skippon 833. both Houses appoint a Guard upon the Tower 844. an Order drawn up by the House of Commons for Guards and necessary defence 878. Gun-Powder an Act for importing and free making it 416 438. Gunners of the Tower examined by the House of Commons 856. Sir Richard Gurney Lord Mayor of London Knighted 676. H. DR Hacket 's defence of Deans and Chapters in the House of Commons 240. Hampden one of the Committee to prepare the Charge against the Earl of Strafford 7. appointed a Manager of Evidence against him 28. one of the Committee to expedite the Charge against Arch-Bishop Laud 265. Impeached of High Treason 811. his Speech in vindication of himself 817. a Petition from Bucks to the King about him 840. Marquess Hamilton a Witness in the case of the Earl of Strafford 86. made a Duke 683. his complement to the House of Commons concerning the Arms at Fox-Hall 870. James Hanham his House search'd for Arms 848. Sir Simon Harcourt arrives at Dublin with a Regiment 918. Robert Hawood ordered to the Pillory for Contempt 238. excused 245. Lady Hatton and Bishop of Ely their Case 270. Sir Arthur Hazlerig Impeach'd of High Treason 811. Bishop of Hereford excused part of his Poll-Money 709. Marquess of Hertford introduc'd into the House of Lords 265. ordered to take charge of the Prince in person his answer 595. a Message about it from the House of Commons 857. Hertfordshire Petition 753. Dr. Heywood Petition'd against by the Sectaries 492. Hibbols a Witness against the Earl of Strafford 62. Mr. Hide his Speech at the delivery of the Articles against the Lord Chief Baron c. 343. High Commission Court a Bill for taking it away 257. Collonel Hill Voted Delinquent for raising Volunteers for Ireland 874. Earl of Holland a Witness in the Case of the Earl of Strafford 84. Mr. Jervis Holls who had been expell'd the House for an honest Speech restor'd 710. Dr. Hollis and others Votes in their favour 331 373. his Speech in praise of Sir Randol Crew 365. concerning the Palatinate 378. in justification of the Votes for taking the Protestation 416. he is Impeached of High Treason 811. Honours a Conference about the Kings bestowing them 325. Horses inquiry after Transporters of them 655. Sir John Hotham a Witness in the Case of the Earl of Strafford 92. appointed Governor of Hull by the House of Commons 833. Hoy a Witness against the Earl of Strafford 62. Hull Order for the Mayor to take care of it 753. Order that Sir John Hotham be Governor of it 833. Huntingdonshire Petition for Episcopacy 720. Hurst Castle going to Decay Examined 596. Mr. Hutton Curate of St. Giles Cripple-Gate Petition'd against 492. ordered to be taken into custody 497. Hypocrisie of the Anti-Episcopal Grandees 261. I. KIng James his Collection out of Bellarmin 226. Mr. Henry Jermyn accused for a Conspiracy to seduce the Army 232. a Proclamation to stop him 233. Voted chargeable with High Treason 443. Voted to be Impeach'd 754. Impeachment of the Earl of Strafford 7. of Sir George Radclif 8. of Sir Robert Berkley 332. of the Barons of the Exchequer 343 352 356. of Mr. Justice Carwley 357. of the Lord Chief Justice Bramstone 363. of the Bishops for the New Canons and Oath 418 443. second Impeachment of the same 717. Incendiaries a Commission for their Prosecution 444. who were