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
it took air and so fired the Faction that they presently blew it up into a flaming Conspiracy against the Parliament some sparks of which flew into the City which was all in a hubbub by a false report that the Parliament-House was on fire a Plot there was to be that was certain but it seems they were mistaken in the Nature of it however for the present the House of Commons writ to the Army the Letter being directed to Sir John Conyers and Sir Jacob Ashley to look to their Charges and keep the Army in Good Order The Letter follows SIR The Speaker's Letter to Sir Jacob Ashley May 4. 1641. WEE have had Cause to doubt that some ill-affected persons have endeavoured to make a mis-understanding in the Army of the Intentions of the Parliament towards them To take away all mistaking in that kind the House of Commons have Commanded me to assure you That they have taken the Affairs of the Army into their Serious Care And though for the present their Monies have not come as they wished and as was due by reason of the many Distractions and other Impediments which this House could no wayes avoid yet they would have them rest assured that they shall not only have their full pay but the House will take their merits into their further Consideration in regard they take notice that notwithstanding their want and endeavours of those ill-affected persons they have not demeaned themselves otherwise then as men of Honor and well affected to the Commonwealth which this House takes in so good part that we have already found out a Way to get Money for a good part of their Pay and will take the most speedy Course we possibly may for the rest So I remain From my House at Charing-Cross the 4th of this present Month of May 1641. Your very Loving Friend c. Sir 'T is the Pleasure of the House that this Letter be communicated to the Army to the end their Intentions may be Clearly understood by them This day a Letter from the Scotish General Lesly to Sir John Lowther and the Gentlemen of Cumberland was produced and twice read in the House Wednesday May the 5th It was this day Ordered also Protestation ordered to be Printed and sent down into all Counties That the Protestation should be forthwith Printed and sent down into all Counties Corporations and Burroughs to all Sheriffs and Justices of the Peace and to intimate to them with what Willingness the Members of the House took it and as they justifie the taking it in themselves so they cannot but approve it in them that shall likewise take it And for the promoting of the taking of it these following Directions were Printed together with the said Protestation and dispersed throughout the Kingdom this was intended for a fatal Shibboleth to know the strength of the Faction and to be a Mark of Discrimination between their Friends and Enemies and was more particularly designed for a Snare for the Orthodox and Episcopal Clergy and that Clause in the Directions to return the Names of those who refused to Enter into this Confederacy against the Church made many timerous persons doubtless do an Action for the justifiableness whereof they had no great Assurance The Directions were these IT is thought fit that the Protestation which the Parliament lately made be taken by the City of London in the several Parish Churches Printed Directions for taking the Protestation in the afternoon of some Lords Day after Sermon before the Congregation be dissolved by all Masters of Families their Sons and Men-Servants in manner and from following viz. First That forthwith Notice of this Intention be given to the Minister Church-Wardens and some other meet persons of each Parish in London Liberties and adjacent Parishes and some of them to give notice to the rest of the Parishioners Secondly That the Minister be intreated to acquaint his Parish in his Sermon either Forenoon or Afternoon with the nature of the business more or less as he shall think fit for the better and more solemn taking of the said Protestation or if the Minister refuse it that some other be intreated to Preach that will promote the business or if neither of these may be had that some other convenient course be taken by some well affected to the business to stay the Parish and communicate the matter to them Thirdly That the Minister or Ministers of every Congregation first take it in his or their own person reading the said Protestation in so distinct a Voyce that all present may conveniently hear it and that all the Assembly present do make the same Protestation distinctly after this manner every man taking this Protestation into his hand I A. B. do in the presence of Almighty God freely and heartily promise vow and protest the same which the leading person took naming the person Fourthly That there be a Register Book wherein every man taking this Vow or Protestation subscribe his Name with his own hand or mark and that the Names be taken of such as do refuse the same Fifthly That all the Parishioners abovesaid whether in Town or out of Town be earnestly requested to be present at their own Parish Church in the Afternoon of that Lords Day whereon it shall be taken that every man may take it in their own place and if any be necessarily absent that they may be desired to take it the next Lords Day after or so soon as may be with Conveniency Sixthly and lastly That all whom it doth not immediately concern be earnestly requested to depart It was further Ordered That all Members about Town be warned to appear at 8. of the Clock to morrow and non-appearance to be accounted a Contempt of the House upon which the House will proceed as against persons not worthy to Sit in the House and that none go out of the Town without special Leave from the House The Earl of Holland signified to the House of Lords Earl of Newport made Constable of the Tower That he was Commanded by his Majesty to let their Lordships know that he hath made the Earl of Newport Constable of the Tower of London They began also now to cast an oblique Aspect upon the Sword as hitherto they had done upon the Scepter and Royal Prerogative as appears by this following Vote and Order which was a necessary Preliminary Point to their wresting the Militia Forts and Castles from the King as afterwards they did for well they knew that without the power of the Sword they could never hope to mate the Scepter It was therefore Ordered That the respective Knights Order to Enquire into the Condition of the Forts c. and to take Account of the Militia and to arm the Countries Citizens and Burgesses give an Account of the state of the Shires Cities and Burroughs for which they serve for Arms and Ammunition Castles and Forts and of the Governors Lord Lieutenants
Repairing the High-ways Bridges and Twenty Pounds yearly to the Poor as is aforesaid But over and besides the said yearly Revenues before mentioned the said Dean and Chapter of Gloucester although but of the last Foundation and one of the least Revenues in this Kingdom yet they have Eighteen goodly Mannors and also divers other Lands Tenements and Heriditaments besides the Mannors Houses and Premises the old Rent of Assize of one of the said Mannors being 80 Pound per annum out of which Mannors and Lands the said Cathedral being to be made a Parochial Church 200 Pound per annum or more may be allowed for a Learned Preaching Minister there and a Hundred Pound a year apiece for two such others to assist him which in few years one of the said Mannors will discharge and also sufficiently Repair the said Cathedral Church and then the rest of the said Mannors and Lands may be employed to other Godly Pious or Charitable uses as the Wisdom of the King and Parliament shall think fit and suitable to this but in a more ample proportion of maintenance will be the allowances of all other Deanaries in England Again this I conceive will answer another Objection raised by a Worthy Knight at the Bar touching the Poverty of the Clergy of England if this Bill should take effect surely my Opinion is quite contrary and to that purpose I call to mind the saying of a Learned Divine Chaplain to a Nobleman upon some Conference with him of our wished desire to remove Scandalous Ministers and to reduce the Impropriations of Bishops and Deans and Chapters to a Preaching Ministry if these things said he take effect the Universities will not be able to supply the Churches and surely Sir if these things take effect I am confident we shall be so far from having a Poor beggerly Clergy as that no Kingdom in the Christian World will have a more Rich and Flourishing Clergy both for Nurseries and Incouragements of Learning and for their maintenance in more plentiful manner then it is at this present Please you therefore to put the Question I am ready to give my aid thereunto Whereupon it was Debated and strongly Urged by the Faction That there should from henceforth be no more Deans and Chapiters Chancellors or Commissaries Arch-Deacons Deans Prebendaries Chanters Canons or Petty Canons or any other their Officers within this Church or Kingdom and that all Lands and Revenues belonging to them should be taken away and disposed of to the advancement of Learning and Piety and that such of them as have no other subsistence but those Places and not Delinquents should have a Competent allowance for the term of their Lives Thus did they cover their Covetous Designs of Devouring the Church Revenues with the specious pretences of advancing Learning and Piety But the Event proved their Hypocrisie for when they had taken these Lands from the Legal Possessors of them Piety and Learning found so little a share of the Booty that even their own Hirelings of the Presbytery who had assisted them with their mercenary Lungs to Rob the Church were so far from getting any thing by it that with much to do they Escaped having their own Skins their Tithes and Glebe pulled over their Ears making good the Apologue of the Lion and his Fellow Huntsmen by their Folly and Indiscretion not to call it Rapine and Sacriledg The House of Commons was this Day wholly taken up with the further Examination of Col. Goring about the matter of the Army Wednesday June 16. Upon reading of a Petition of the Inhabitants of St. Saviours Southwark complaining against William Sonyter William Shepheard The Lords Order about those who committed the disorders at St. Saviours and St. Olavis Southwark Toby Gratwick Hugh Barcock George Ewer George Pitcher Thomas Loe c. for their pressing into the Church of the said Parish and violent breaking and pulling down the Railes about the Communion Table in an Insolent and Tumultuous manner the Parties complained of were brought to the Barr and their Council were admitted to speak for them and after a full hearing of both Parties and several Witnesses Examined on either side it did appear unto the House that the said Parties were guilty of the said Complaints laid against them in the Petition Thereupon it is Ordered That new Railes shall be forthwith set up by the appointment of the Churchwardens of the said Parish about the Communion Table in the same manner as they have been for the space of Fifty Years last past but not as they were for four or five Years last past and this to be done at the Costs and Charges of the abovesaid Delinquents And further That they shall make a Publick Acknowledgment of their faults in the Body of the Church upon a Sabbath Day when the Congregation shall be present And lastly That they shall stand Committed to the Fleet during the Pleasure of this House Also upon reading of the Petition of the Minister and the Inhabitants of St. Olaves Parish in Southwark against Robert Wainman George Bonace Hugh Evans and John Moor for making and causing to be made a great Tumult and Disorder in the Church of the said Parish in the time of the Administration of the Blessed Sacrament and for the hinderance of the performing of the same and for the great abuse of the Minister that administred the same and for using irreverent speeches when the said Duty was performing the Parties aforesaid were brought to the Barr and admitted to speak for themselves and after a full hearing of both sides and Witnesses Examined it appeared to the House that the said Parties complained of were guilty of the Complaints laid against them Whereupon the House did think fit and Ordered That the said Robert Wainman and George Bonace for their said Offences shall stand committed unto the Prison of the Kings-Bench forthwith and there to continue for the space of Six Months without Bail or Mainprize And that they shall stand upon a High Stool in Cheapside and Southwark for two hours together upon two Market-Dayes and acknowledg their Faults publiquely And lastly That they shall pay 20 l. Fine to his Majesty and to be bound to their good Behaviour And it is further Ordered That the said Hugh Evans and John Moor shall forthwith stand Committed to the Kings-Bench until they find Sureties to answer at the next Assizes to be kept for the County of Surrey their Faults and Offences in the disturbing and hindering the Administration of the blessed Sacrament who are there to be proceeded against according to Law And that Robert Osbalston Gent. and Richard Cant shall enter into Recognizance before Sir John Lenthall Knight one of his Majesties Justices of the Peace for the County of Surrey to appear at the next Assizes and prosecute against the said Hugh Evans and John Moore for their Offences aforesaid The State of the Accounts of the English and Scottish Armies were brought into
a Conference by the Earl of Bath to the Commons THese are to signifie to this House That whereas He sent an Answer this day to both Houses concerning the Third Head lest there should be any mistake upon the word Slander His Majesty declares he did not mean all of either House of Parliament or any Members thereof Upon the Reading of the Petition of the Arch-Bishop of Canterbury concerning his payment of Poll-mony It was Ordered Order of the Lords about the Arch-Bishops paying Poll-Money To be left to be paid according to the Act of Parliament The House for freer Debate was put into a Committee to consider of the Court of York and to give judgment herein and after much Debate the House was reassumed and it was Resolved upon the Question by the Major Part Resolves of the Lords concerning the Court at York That the Commission and Instructions whereby the President and Council of the North exercise a Jurisdiction is Illegal both in the Creation and Execution Resolved c. That this Commission and Instructions is unprofitable to His Majesty Resolved upon the Question Nemine Contradicente That this Commission and Instructions is inconvenient and grievous to His Majesties Subjects of those Parts Resolved upon the Question Nemine Contradicente That this House doth joyn with the House of Commons in beseeching His Majesty that the Present Commission and Instructions may be revoked and no such granted for the Future MEmorandum A Salvo for the Judges of the Court of York This House doth declare seeing the Commission and Instructions of the Court of York is Illegal in the Creation and Execution that the former Judges in the Court of York who have given Judgement and proceeded as they thought in their Consciences upon True and Legal Grounds shall not be liable to be Questioned but in case of Injustice and that none in that Case shall be barred of their Appeal And if it appear that there is a Necessity for the Ease of that Country to have a Court this House will advise with the House of Commons how one may be Established by Law for the Ease of those Parts And the Earl of Essex Earl of Bristol Viscount Say and Seal Bishop of Lincoln Lord Wharton Lord Kimbolton were appointed to prepare Heads for a Conference with the Commons concerning the aforesaid Particulars that so the Persons that were Judges and the Acts of that Court may have a Saving for them If humane Bodies and Minds are subject to the secret Influences of the Heavenly Bodies certainly England and the rest of the Brittish Dominions were at this time under the Aspects of some Violent and Malignant Configurations and there seemed to be an Universal Inclination in the People every where to Tumults Mutinies Violence and Injustice the Lords House was full of Complaints of the Disorders of this Nature throwing up Inclosures and disturbing the Possessions of others and that not singly but by Multitudes and with such Arms as Rusticks are wont to make Use of upon such Occasions of their Madness And of this the Lords were so sensible that they made this following Order WHereas daily Complaints are made unto this House of violent breaking into Possessions Order of the Lords concerning Violent and Tumultuous breaking into Possessions July 13. 1641. and Inclosures in Riotous and Tumultuous manner in several parts of this Kingdom without any due proceedings by Course of Law to warrant the same which hath been observed to have been more frequently done since this Parliament began then formerly it is thought fit and so Ordered by the Lords in Parliament That no Inclosure or Possession shall be Violently and in a Tumultuous manner disturbed or taken away from any man which was in Possession the first Day of this Parliament or before but by due Course and Form of Law and that such Possessions of all men shall continue and remain unto them as they were on the first Day of this Meeting of Parliament unless it have been or shall be by some Legal way of proceeding in some of His Majesties Courts of Law or Equity or by some Act or Order of the Parliament determined or ordered to the Contrary And in all such Cases where any such unlawful disturbance of the quiet Possession of any man hath happened or shall happen the High Sheriff of the County shall have Power by virtue of this Order together with two of the Justices of the Peace of the said County next or near to the place and such other or others as he or they shall think fit to take with him or them to repair unto the place where such Tumults happen to be and appease and quiet the Possession of the said Lands and Inclosures so disturbed as aforesaid and shall see to and cause that the Possession be continued unto the present Owners as aforesaid until by a Legal Course in some Court of Law or Equity or by order of Parliament it be determined or Ordered to the contrary The Lord Bishop of Lincoln Reported Report about the Officers of the Star-Chamber That the Lords Committees appointed to Consider of the Petition of the Officers of the Star-Chamber have fully heard their Cause and they are of Opinion and do not conceive of any fitter way of Relief for these Poor Officers the King's Servants then to remit them to the King's Mercy that His Majesty would be Graciously pleased to allow a Proportionable Relief for these Poor men out of such Fines as may accrue unto His Majesty in the High Court of Parliament to be apportioned by the Lords of the Committees or otherwise as their Lordships shall be pleased to approve thereof and Order it Upon Report this Day made unto the House by the Right Honourable the Lord Seymour that the difference between the Parishioners of St. Report about the Rioters at St. Thomas the Apostle's in pulling down the Rails Thomas the Apostle complained of to the Lords in Parliament was composed by his Lordship to whom the business was referred It is Ordered by the Lords Spiritual and Temporal in the High Court of Parliament Assembled that the said difference together with the Cause depending before their Lordships shall by virtue of this Order be fully ended and determined and Lastly that John Blackwell shall for himself others Petitioned against forthwith pay unto the Overseers of the Poor of that Parish upon sight hereof to the use of the said Poor the full Summ of ten Pounds of Lawful Money of England and hereof they are not to fail as they will answer to the contrary There being a Report spread abroad that His Majesty intended to send the Lord Digby abroad under some honourable Character Tuesday July 13. and as was said Ambassadour into France his Enemies in the House of Commons being extreamly nettled at it were resolved if possible to set a brand of Infamy upon his Lordship and therefore not content to have disgracefully Expelled him
recommend to the Parliament the Care of the Disbanding the Horse that the Soldiers may be repaid the Money which hath been taken from them for their Arms that so Armed Men may not disperse themselves to the disturbance of the Kingdom and that the Arms may be restored to the Magazins for the Defence of the King and Kingdom A Proclamation was accordingly issued out as follows By the King A Proclamation for the Peaceable and Quiet Passage of the Troops of Horse to be Disbanded in the North Parts WHereas His Majesty by the Advice of His Parliament His Majesties Proclamation about disbanding the Horse Aug. 8. 1641. hath given Order for the speedy Disbanding of the Troops of Horse that are or lately were part of His Majesties Army in the Northern Parts of the Kingdom His Majesty in his Princely Care of the Quiet and Safety of His Subjects doth by this His Proclamation strictly Charge and Command that none of those Troops or Souldiers after they are Disbanded do Travel together or gather or continue together above six in a Company under the Penalty of being proceeded with as Disturbers of the Publick Peace And doth hereby likewise straitly Charge and Command all Sheriffs and Iustices of Peace of the Counties thorow which they shall pass or whither they shall come that they fail not to take Care that the General peace and quiet of His Majesties Subjects be not disturbed by any of the said Troops or Souldiers And that none of the said Troops or Souldiers do stay or abide above one Night in a place unless it be in Case of Sickness or other great Necessity during the Time of their Travel Given at the Court at White-Hall the Eighth Day of August in the seventeenth Year of the Reign of Our Soveraign Lord CHARLES by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. God save the KING The Lord Privy Seal Reported the Opinion of the Judges concerning the Custos Regni The Judges Opinion about a Custos Regni and the Commission to pass Bills in the King's absence 1. Concerning the Custos Regni they know not how to deliver any Opinion it being of so high a Consequence 2. Concerning the Commission they hold it good if it be fortified and backed with an Act of Parliament Whereupon it was Ordered to be communicated to the House of Commons at a Conference The ACT for the Confirmation of the Treaty of Pacification between the Two Kingdoms of England and Scotland The Act of Pacification passed the Lords House was read a third time and being put to the Question it was Resolved to pass as a Law And sent down to the Commons by Justice Forster and Justice Heath MEmorandum Thanks given to the Lord Commissioners and particularly the E. of Bristol for the Treaty Bill for taking away purveyance read the first Time This House this day gave Thanks to the Lords Commissioners for their great Pains and Care bestowed in the Treaty between Vs and the Scots and particular Thanks was given to the Earl of Bristol for his Service done to this Kingdom therein The Bill for taking away of all manner of Purveyance was read the first time The Commons then sent to desire a present Conference with the Lords about the King 's putting off his intended Journey into Scotland for 14 dayes longer At which Mr. Hollis delivered the Reasons of the Commons Desire in that particular in this manner My Lords I Am Commanded to put you in mind what hath passed upon this occasion before Reasons for the Kings deferring his Journey for 14 days at a Conference August 7. 1641. concerning the Kings Journey to Scotland That both Houses did Petition his Majesty not to begin his Journey till the Tenth of August and to acquaint the Scots Commissioners therewith who afterwards desired this House to express their Resolutions in the affirmative upon which the House of Commons passed a Resolution That then if his Majesty pleased to go they would submit unto it I am Commanded to declare unto your Lordships That the House of Commons is desirous to submit unto his Majesties good Pleasure in all things but such is the present condition of this business as it now standeth that they are enforced to present some further Considerations to your Lordships First That when they gave this Assent they were in hope both Armies would have been Disbanded by that time but though there hath been all possible means used to that end yet it could not be effected so the same Inconvenience doth still continue Secondly The Treaty cannot in so short a time be finished being returned from Scotland but three dayes since but since it is ready to be finished and Moneys are provided the Armies will be Disbanded by that time we desire his Majesty to take his Journey Thirdly The Distempers and Joalousies of the Kingdome are such that they cannot be composed by passing some Acts unless his Majesty stay the desired time Fourthly No course is yet taken for the Government of the Kingdom in his Majesties absence there being so many Weighty Things to be taken into Consideration Upon these Reasons the House of Commons have thought fit to move your Lordships to joyn with Us in a Petition to his Majesty to stay his Journey for 14 dayes longer and we make no doubt but our Brethren in Scotland will consider the Streight we are in and for our Safety condescend to our Desires And if his Majesty yield thereunto then we shall desire your Lordships to joyn with us by some express Messenger to the Parliament in Scotland for the King's stay for that time which we hope will give them Satisfaction After which Mr. Hollis reported the Conference from the Lords That the Lord Say told them They had taken into Consideration the Desires of this House and that the Lords would joyn with this House to Petition his Majesty to be pleased to stay yet 14 days if it may stand with the Ingagement he has made to that Kingdom however that he may stay till Tuesday Night 6. of the Clock which they are sure will stand with his Ingagement but they conclude nothing in this matter till they had first heard from this House This was not at all Satisfactory to the Commons who thereupon put it to the Vote it was Resolved c. That this House shall insist upon the former Desire for his Majesties stay for 14 dayes But while they were in this Debate and Messages went to and fro between the Two Houses the King came to the House of Lords and the Gentleman Usher of the Black Rod was sent to give the Commons notice of the King 's being there in order to the passing several Bills The Publique Bills were Bills passed by the King 1. An Act against divers Incroachments and Oppressions in the Stannery Court 2. An Act for securing Money to the Northern Counties c. 3. An
For the City and County of the City of Lincoln the Major for the time being and Thomas Grantham Esquire For the West Riding of the County of York Ferdinando Lord Fairfax Sir Edward Roads Sir William Strickland Henry Cholmley Esquire For the East Riding Sir Marmaduke Langdale John Allured Esquire For the North Riding Thomas Hebblethwait Esquire Sir Henry Anderson Sir Henry Slingsby John Wastell Esquire For the City and County of the City of York the Lord Major for the time being Sir Thomas Widdrington and Sir William Allison For the County of Sussex Sir Thomas Pellham Mr. Shelley Mr. William Hay For the Ports in Sussex William Hay Herbert Morley Esquire For the County of Bucks Sir William Andrews Baronet Sir Alexander Denton Knight Sir John Parsons For the County of Berks Sir George Stonehouse Sir John Bacchus Roger Knight Esquire For the County of Cornwal Sir Richard Carey Baronet Alexander Carey Esquire Sir Richard Butler Knight For the County of Cumberland Richard Barwick Esquire William Pennington of Seaton Esquire For the County of Cambridge Sir Dudley North Sir John Cutts Thomas Chichely Thomas Wendy and Thomas Symonds Esquires For the County of Devon Sir Samuel Rolle Sir John Bramfield Baronet For the City of Exceter the Major for the time being For the County of Dorset Sir Walter Erle Sir Thomas Trenchard Knights For the County of Essex Sir Harbottle Grimston Sir Richard Everard Sir Thomas Bendish Sir Robert Kemp. For the County of Gloucester Henry Bret Esquire Sir Robert Cook Edward Stevens Thomas Hodges Esquires For the City and County of the City of Gloucester the Major for the time being and the two Ancient Aldermen For the County of Huntingdon Sir Sydney Mountague Anslow Winch Esquire Tirel Josseline Esquire Henry Cromwel Esquire For the County of Hertford Edward Chester Edward Wingate Esquires John Butler For the County of Hereford Walter Kerle Esquire Sir William Crofts Knight John Scudamore of Kenchurch James Kirle Edward Broughton Esquires For the County of Kent Mr. Edward Boyes Sir Thomas Walsingham Sir Edward Partridge Knights Richard Lee Esquire For the City and County of the City of Canterbury Sir Edward Masters Knight and for the Ports in Kent and their Members Sir Edward Boys Knight For the County of Leicester Sir Arthur Haslerigg Thomas Lord Grey For the County of Middlesex Sir John Danvers Sir William Roberts Sir Henry Roe Sir Gilbert Gerrard Sir John Franklyn For the City of Westminster Sir Robert Pye William Wheeler John Glyn Esquires For the City of London the Lord Major Thomas Soame Isaak Pennington Aldermen Samuel Vassal and Captain John Ven Merchants Members of the House of Commons For the County of Northampton Edward Montague Esquire Sir John Dryden Sir Christopher Yelverton Zouch Tate Esquire For the County of Norfolk Sir John Potts Sir Thomas Woodhouse Sir Edmond Moundeford For the City and County of Norwich the Major for the time being For the County of Northumberland Sir John Fennicke Henry Ogle Thomas Middleton William Shafto of Babington Esquires Town of New-Castle the Major for the time being Mr. Ledyard For the Town of Barwick Sir Robert Jackson Mr. John Sleigh Gent. William Fenwick Gent. For the County of Oxon. James Fynes Sir William Cobb Sir Thomas Penniston and John Doyley Esquire For the County of Rutland Sir Guy Palmes Sir Edward Harrington Robert Horseman Esquire For the County of Surrey Sir John Evelyn Sir Ambrose Brown Baronet For the County of Salop Sir Richard Newport Mr. Richard Moore Charles Baldwin Esquire For the County of Southampton Richard Whitehead Esquire Sir William Lewis Town of Southampton Major for the time being For the County of Suffolk Sir Roger North Sir Robert Crane Robert Reynolds Esquire Sir William Platers William Cage Esquire For the County of Somerset Sir John Horner Sir John Pawlet Knights John Pyne Esquire City of Bristol the Major for the time being John Gunning John Tomlinson For the County of Westmorland Sir Philip Musgrave Knight and Baronet Sir Henry Bellingham Gawin Braithwait Esquire For the County of Wilts Sir Nevil Poole Anthony Hungerford Esquire For the County of Worcester Humphrey Solloway Esquire Edward Dingley Edward Pitt Thomas Rouse Esquire City of Worcester the Major for the time being For the County of Warwick Sir Richard Skeffington William Combes Esquire John Hales Richard Shugborough Esquires For the City and County of Coventry the Major for the time being Alderman Million John Barr Esquire For the City of Litchfield the Bailiffs for the time being For the County of Anglesey Thomas Buckley Owen Wood Esquires For the County of Pembroke Henry Williams Thomas Gwyn William Morgan Esquires For the County of Carnarvan Thomas Glyn of Nantley William Thomas Owen Wynn Thomas Madrin Esquires For the County of Denbigh Thomas Middleton John Loyd William Wyn Esquire For the County of Flynt Thomas Mostyn Humphry Dymock John Eaton John Salisbury Esquires For the County of Glamorgan William Herbert Sir Thomas Lyne Miles Buton Esquires For the County of Merioneth William Salisbury Esquire Sir James Price Knight For the County of Pembrook Sir Richard Philips Baronet Sir Hugh Owen Knight and Baronet For the County of Montgomery Arthur Price Esquire Richard Griffith Edward Vaughan Esquires For the County of Radnor Thomas Lewis Robert Williams Richard Jones Esquires For the County Palatine of Durham Sir Lionel Madidson Sir Alexander Hall George Lilburn Clement Fulthorp For the County of Cardigan Walter Loyd James Lewis Esquires For the County of Carmarthen Richard Earl of Carberry Francis Loyd Esquire For the County of Monmouth Sir William Morgan Thomas Morgan William Herbert of Colebrook William Baker of Abergany Sir Robert Cooke Sir Charles Williams James Kirke Esquires Which said Persons so appointed and nominated or any one or more of them together with the Justices of the Peace of every Shire County or Riding respectively or any one or more of them or the Major Bailiffs Justices of the Peace Jurats or other Head-Officers within any City or Town Corporate or other Priviledged places or any one or more of them respectively shall have Power and are hereby authorized and required to do and perform all and every such thing and things as shall be necessary to the due execution of this present Ordinance according to the Instructions herewith annexed which said Instructions are hereby Ordered and Commanded to be duly observed and executed by all and every Person and Persons whom it shall or may appertain as they will answer the contrary at their Perils This Ordinance to continue no longer then till the end of this present Session of Parliament Instructions appointed by Ordinance of Parliament to the Persons thereby Authorized for the Disarming of Popish Recusants Instructions to the Comissioners for Disarming Popish Recusants and others and other dangerous Persons I. SUch Members of the House of Commons and other Persons as in and by the said Ordinance are particularly named and appointed or any one or more of them and the Justices
of the Peace of each several County Shire or Riding within England or Wales and also the Majors Bailiffs Justices of the Peace Jurats or other Head-Officers of or within any Town Corporate or Priviledged place respectively or any one or more of them together with some or one of the Persons nominated in the said Ordinance are to see the same forthwith put in Execution and shall have power to call the High Sheriff of every County and his Ministers all Constables and Tithing men and other Officers or any of them when and as oft as they shall think fit to be aiding and assisting to them from time to time within their several Limits and Jurisdictions in the due performance of this Service and to do and execute all and every such thing or things as shall be requisite and necessary in that behalf and the said Members of the said House of Commons are respectively required to see the said Ordinance forthwith put in execution II. The said Persons Authorized are to inform themselves by all convenient means and ways of all such Arms Gun-powder and Munition of what kind soever as any Popish Recusants convict or other Persons whatsoever either of the Nobility or others which is or shall be Indicted for Popish Recusants and such Indictments either removed by Certiorari or being not removed shall not by appearance and Traverse or otherwise be Legally discharged or which shall not have repaired to Church more then once in every month or shall not have received the Holy Communion according to the Rites of the Church of England within one whole year next before the making of the said Ordinance or which shall refuse to take the Oaths of Supremacy or Allegiance upon lawful tender thereof made or whose Children or Grand-children or any of them being at their dispose or in the House with them are bred up in the Popish Religion or have not repaired to Church within one whole year next before the making of the said Ordinance according to the Laws and Statutes of the Realm or whose Houshold Servants or any numbers of them are of the Popish Religion hath or have in his or her House or Houses or elsewhere or in the Hands and Possession of any other to his or her use or at his or her disposition and are to search all such places where any such Arms Gun-powder or Munition of any such Popish Recusant or other Person whose Arms by the said Ordinance is to be taken away is placed or deposited or supposed to be placed or deposited III. They are to take and Seize all such Arms Gunpowder and Munition as aforeaid in whose hands or Custody or in what place the same shall be other then such Weapons as shall be by the said Persons so Authorized thought fit to remain and be allowed to the said Recusants or other Popish Persons as aforesaid for the defence of his or her Person or Houses and shall cause the same to be placed in some City or Town Corporate or other convenient Town of the same County and there safely kept at the costs and charges of the owners thereof and the Armorer to be admitted to dress and amend the same so oft as need shall require IV. And if any such Popish Recusants or other Persons as aforesaid or any other Person or Persons which have or hath or shall have any such Arms Gun-powder or Munition in his or their hands or Possession to the use of such Recusant or other Person as aforesaid or by his her or their appointment shall conceal the said Arms Gunpowder and Munition or any part thereof or shall refuse to discover the same to the said Persons so Authorized or otherwise wilfully oppose hinder or disobey the said Persons Authorized or any of them in the execution of the said Ordinance that then every such Popish Recusant and other Person so offending shall be held a contemptuous Person and be liable to such further punishment as by the Parliament upon certificate thereof made shall be thought fit and the Persons Authorized are to certify their names accordingly They are also to make Certificates to the Parliament of all such Arms Gunpowder and Ammunition as they shall take or seize by force and vertue of the said Ordinance as also the Person and Persons whose the same were and from whom they were so taken and in what places the same are found or taken and where and in what City Town or Place and in whose custody the same shall be left or deposited and what Order they shall take concerning the same and shall likewise certify what Arms and Munition they shall leave to such Recusants or Persons as aforesaid for the defence of his or her Person or House V. They are to inquire what Popish Recusants have lately had any Arms or Munition taken away by whom and by what means and where and in whose hands the same remain and to take care that the same be safely placed and kept in such manner as aforesaid and to make Certificates thereof to the Parliament VI. To take care that the said Arms and Munition so to be Seized and taken away by force of the said Ordinance may so be placed and disposed of as there may not be too great a quantity thereof at the same time in one and the same City Town or Place but that it may be distributed and placed in several Towns and Places in such manner and proportion as shall be most conveninet for the use and safety of the Kingdom After which it was Ordered Tuesday August 31. That this House agrees and Concurs with the House of Commons in the whole Ordinance and Instructions The foresaid Ordinance and Instructions were appointed to be delivered privately to the House of Commons to be Ingrossed A Message was sent by the Lords by Dr. Exceptions taken by the Commons for the Lords sending a Message by one Person only Bennet for a Conference to let them know the Lords desired the Ordinance for disarming Recusants might be Ingrossed but the House taking notice of it that the Message came by a single Person the Commons took Exceptions at it and Mr. Hollis was sent to signifie so much and to let them know that for this time they were willing to pass it over only desiring it might not be drawn into President hereafter as also to desire that the Ordinance signed by the Speakers of both Houses might be printed and published throughout the Kingdom which was done accordingly And the Lords by another Message signified to the Commons that the Reason why they sent but one Messenger was because they had no more Assistants then present A Vote was also passed for removing the Communion Table Resolved upon the Question That this House holds it fit that the Church-Wardens of every Parish Church or Chappel do forthwith remove the Communion Table Vote for Removing the Communion Table from the East end of the Church Chappel or Chancel where they stand
left that Nation a most peaceable and contented People So that although I have a little misreckoned in Time yet I was not deceived in My End But if I have deceived your expectations a little in the time of My return yet I am assured that My expectation is as much and more deceived in the condition wherein I hoped to have found some businesses at My return For since that before My going I setled the Liberties of My Subjects and gave the Law a free and orderly Course I expected to have found My People reaping the Fruits of these benefits by living in quietness and satisfaction of mind But instead of this I find them disturbed with Jealousies Frights and Alarms of dangerous Designs and Plots in Consequence of which Guards have been set to defend both Houses I say not this as in doubt that My Subjects Affections are any way lessened to Me in this time of My absence for I cannot but remember to My great comfort the joyful reception I had now at my Entry into London but rather as I hope that My presence will easily disperse these Fears For I bring as perfect and true Affections to My People as ever Prince did or as good Subjects can possibly desire And I am so far from repenting Me of any Act I have done this Session for the good of My People that I protest if it were to do again I would do it and will yet grant what else can be justly desired for satisfaction in point of Liberties or in maintenance of the True Religion that is here Established Now I have but one particular to recommend unto you at this time it is Ireland for which though I doubt not your care yet methinks the preparations for it go but slowly on The occasion is the fitter for Me now to mention it because of the Arrival of two Lords from Scotland who come instructed from My Council there who now by Act of Parliament have full Power for that purpose to Answer that Demand which it pleased both Houses to make of Me by way of Petition that met Me at Berwick and which the Duke of Richmond sent back by My Command to my Scotch Council Therefore My desire is That both Houses would appoint a Select Committee to end this business with these Noblemen I must conclude in telling you That I seek My Peoples Happyness For their Flourishing is My greatest Glory and their Affections My greatest Strength The King having Ended his Speech he departed and the Commons returned to their House Bishop of Hereford excused from paying some part of his Pol-mony Upon the Petition of the Bishop of Hereford It was Ordered That he having paid 60 l. for Poll-money shall be freed from any further Payments for the same and shall not pay after the Rate of Tenths because he is freed from paying of Tenths under the Great Seal of England and that upon good and valuable Considerations divers Mannors having been taken from the Bishoprick of Hereford in the beginning of the Reign of Queen Elizabeth Judges Report the Statutes in force against Riots Routs c. The Lord Chief Justice of the Kings-Bench Reported That the Judges have considered the Laws and Statutes of this Kingdom for preventing of Riots Routs and unlawful Assemblies and they are of Opinion That the best way is to issue forth Writs according to the Statute of 2 H. 5. cap. 8. Which Statute was presently read and it was Ordered That the Lord Keeper should forthwith issue forth Writs to the Sheriffs and Justices of the Peace of the City of London and the Counties of Middlesex and Surrey and to the Justices of the Peace of the City of Westminster according to the aforesaid Statute concerning Riots Routs c. and the Judges to be advised withall for the Form of the said Writs But the Tumults found too much Countenance among the Faction in the Commons House The Tumults incouraged by the Faction of the Commons where they were indeed promoted and incouraged as is Evident by the adjournment of the consideration of them this day in their House that having been yesterday ordered to be debated and so they were adjourned de die in diem which plainly manifests the tenderness they had for the Bioters and the Use they intended to make of these Tumultuous and Unlawful Assemblies which was to Terrifie the Lords to a compliance with their desires in cutting off a Limb from the Body of their House by Excluding the Bishops as before they had by the same Method prevailed in passing the Bill to cut off the Wise and Noble Head of the Earl of Strafford Sir Ralph Hopton Reported The Report how the King received the Petition and Declaration That last Night in the Evening the Committee appointed to attend His Majesty with the Petition of the House of Commons and the Declaration annexed came to Hampton-Court and Sir Richard Wiâ—n I may name him upon this Occasion gave his Majesty Notice of our being there and within a quarter of an hour the King sent a Gentleman to call us in with Directions that none should come in but the Committee alone who did all of them present themselves upon their Knees and my self in obedience to the Order of the House in the Absence of * Sir Ed. Deering upon whom they had imposed this ingrateful Task he being now fallen into their displeasure another designed for that Service did begin to read the Petition kneeling but his Majesty would not permit us to kneel but commanded us all to rise and so read it the first Observation His Majesty made was at that part of the Petition that charges the Malignant Party with the design to change Religion To which His Majesty said with a great deal of fervency The Devil take him whomsoever he be that had a Design to change Religion I then proceeded and when I came to that part of the Petition for reserving the disposal of the Lands of the Rebels in Ireland c. his Majesty was pleased to say We must not dispose of the Bears Skin till he be dead After the Petition was read his Majesty desired to ask us some Questions we answered We had no Commission to speak any thing concerning this business Then said he you may speak as particular men and said Doth the House intend to publish this Declaration * And yet it was carried before against Printing it but by 124 to 101 Votes upon Munday 22 No. We answered We could give no Answer unto it Well then said He I suppose you do not now Expect an Answer unto so long a Petition And this let me tell you I have left Scotland well and in Peace they are all satisfied with me and I with them and thô I staid longer there than I Expected yet I think if I had not gone you had not been rid so soon of the Armies I shall give you an Answer to this business with as much
this Kingdom and as yet nothing in their Doctrine generally taught dissonant from the Word of God or the Articles ratified by Law In this Case to call their Government a perpetual Vassallage an intollerable Bondage and prima facie inauditâ alterâ parte to pray the present removal of them or as in some of their Petitions to seek the utter Dissolution and Ruin of their Offices as Anti-Christian We cannot conceive to relish of Justice or Charity nor can We joyn with them But on the contrary when We consider the Tenor of such Writings as in the name of Petitions are spread among the Common People the Tenents Preached Publickly in Pulpits and the Contents of many Printed Pamphlets swarming among us all of them dangerously exciting a disobedience to the Established Form of Government and their several intimations of the desire of the Power of the Keys and that their Congregations may Execute Ecclesiastical Censures within themselves We cannot but express our just Fears that their desire is to introduce an absolute Innovation of Presbyterial Government whereby We who are now governed by the Canon and Civil Laws dispensed by Twenty six Ordinaries easily responsible to Parliaments for any deviation from the Rule of the Law conceive we should become exposed to the meer Arbitrary Government of a numerous Presbytery who together with their Ruling Elders will arise to near forty thousand Church Governors and with their adherents must needs bear so great a sway in the Common-wealth that if future inconvenience shall be found in that Government we humbly offer to consideration how these shall be reducible by Parliaments how consistent with Monarchy and how dangerously conducible to Anarchy which We have just cause to pray against as fearing the Consequences would prove the utter loss of Learning and Laws which must necessarily produce an Extermination of Nobility Gentry and Order if not of Religion With what vehemency of Spirit these things are prosecuted and how plausible such Popular Infusions spread as incline to a Parity we held it our Duty to represent to this Honourable Assembly and humbly pray That some such present Course be taken as in your Wisdoms shall be thought fit to suppress the future dispersing of such dangerous discontents among the Common People We having great Cause to fear That of all the Distempers that at present threaten the welfare of this State there is none more worthy the mature and grave Consideration of this Honourable Assembly then to stop the Torrent of such Spirits before they swell beyond the bound of Government Then We doubt not but His Majesty persevering in his gracious Inclination to hear the Complaints and relieve the Grievances of his Subjects in frequent Parliaments it will so Vnite the Head and the Body so indissolubly Cement the Affections of his People to our Royal Soveraign that without any other Change of Government He can never want Revenue nor Wee Justice We have presumed to annex a Copy of a Petition or Libel dispersed and certain positions Preacht in this County which We conceive imply Matter of a dangerous Consequence to the Peace both of Church and State All which We humbly submit to your great Judgments Praying they may be read And shall ever Pray c. Subscribed to this Petition Four Noblemen Knights Baronets Knights and Esquires fourscore and odd Divines threescore and ten Gentlemen three hundred and odd Free-Holders and other Inhabitants above six thousand All of the same County It was this Day moved E. of Salisbury hath leave to follow some Business in the Commons House That the Earl of Salisbury having some business depending in the House of Commons and his Lordship desires being a Peer he may have leave of this House to follow it which the House Granted Then the Lords Commissioners Reported That this Morning they met with the Scots Commissioners who delivered them this Paper following with a desire that they might have a speedy Answer therein for that they are to send Letters away presently to Scotland The Paper was this It is now 20 Daies since We came hither A Scottish Paper complaining of Delayes in the Treaty for Relief for Ireland and a Forthnight since We begun this Treaty and there is no one of our Propositions answered therefore lest those that sent us and expected an Answer from us against the 8th of this Month should impute it to us we earnestly desire and expect an Answer to our Propositions given that we may give in the rest and be at a point this Day or to morrow and in Case of further Delay we demand that since the 8th of this Month at which time we should have sent Answer into Scotland to the end of the Treaty we may have Entertainment for the 2500 Men we have kept up for this Service otherwise we must send into Scotland that they may be disbanded A Message was brought from the House of Commons by Mr. Hollis A Message to the Lords by Mr. Hollis to press them to expedite the Affairs of Ireland to desire a Conference by a Committee of both Houses touching the Declaration the Propositions from the Scots the Bill for pressing of Soldiers for Ireland without which they say Men cannot be raised for that Service And further he said That the House of Commons do make this Declaration that they have done what they can to further the Relieving of the miserable and distressed Estate of the Protestants in Ireland and they do clear themselves of the Blood and Miseries which will follow if Expedition be not done speedily to those means that may relieve them To which their Lordships answered That they would give a present Meeting touching the 2 first Propositions and will consider of the rest and expedite them with all speed Next a Letter was read from Sir John Temple at Dublin The contents of Sir John Temple's Letter from Ireland to the Lord Lieutenant of Ireland the principal Matters of which were That Succors come so slowly out of England That the whole State of Ireland suffers and the Kingdom is likely to be lost by the slow Proceedings of sending over Men Arms and Money That the Lords of the Pale refuse to come to the Council That the Rebels are in a Body within 6 Miles of Dublin and that the Lords Gormanston Slane and Lowth have Correspondency with the Rebels That Provisions will be cut off from them at Dublin therefore they desire speedy Succors from England After which the King 's Answer to the Petition and Remonstrance was read as followeth My Lords and Gentlemen IN answer to your Petition concerning Our Speech to the two Houses of Parliament the 14th of December The King's Answer to the petition concerning breach of Privilege by his Speech First We do declare That We had no Thought or Intention of breaking the Privileges of Parliament neither are We satisfied That Our being informed of any Bill transmitted by the House of Commons to
And they might have added that Justice Long for his diligence in this matter was committed Prisoner to the Tower Hereupon the Judges were ordered to withdraw The Lords endeavor to suppress the Tumults and take into consideration what is fit to be done to disperse and prevent Multitudes of People Assembling hither which they did and returned their Opinions That the best way to suppress Tumults is to put in Execution the Statute of 13 H. 4. Cap. 7. But this not being thought sufficient the Judges were again appointed to consider what is the Vsual Practice in other Courts for preventing of Tumults and Routs To which they returned Answer That it is Vsual at Assizes for the Sheriff of the County to attend all the while with a Competent Number of Men. Hereupon it was Ordered That the Vnder-Sheriff of Middlesex and two of the Justices of the Peace for Westminster shall hereafter attend this House de die in diem and receive the Directions of the House for the preventing and suppressing of Riots and Tumults hereafter But their Lordships did but all this while work against Wind and Tide the Factions Commons had occasion for Tumults and Tumults were resolved to have for their occasions in despight of the Lords or the Laws either The Lords and Commons who were appointed to present the Petition about the Earl of Newport did it this day to whom the King returned this Answer for the present That he will put his Answer in Writing and send it to the House Then the Lord Chamberlain delivered this Message to the House by Command from the King A Message from the King again concerning Volunteers for Ireland That his Majesty being very sensible of the great Miseries and Distresses of his Subjects in His Kingdom of Ireland which daily increase so fast and the Blood which hath already been spilt by the Cruelty and Barbarousness of those Rebels crying out so loud and perceiving how slow the Succours designed thither go on His Majesty thought fit to let their Lordships know and desires You to acquaint the House of Commons therewith That His Majesty will take Care that by Commission which he shall grant 10000 English Volunteers shall be speedily raised for that Service if the House of Commons shall declare that they will pay them Which was ordered to be communicated to the Commons at a Conference Nor was it the Rabble only that was unruly Knowles and Grey 2 Seditious Ministers ordered by the Lords to be prosecuted the Pulpit now under the Protection of the Faction began to break loose and those amphibious Church Hypocrites who had no manner of Love for the Church Except the Revenue nor any Honor for the King but what was owing to Fear began to animate the People to Sedition under the Cloak of Reformation as will appear by this Order of the Lords following Ordered That Mr. Knowles and Mr. Grey who have lately Preached Seditious Sermons in the City of London shall be proceeded against by his Majesties Attorney General according to Law Then a Message was brought from the House of Commons by Mr. Message from the Commons concerning a Declaration to suppress Tumults and a Guard Hollis to let their Lordships know That the House of Commons have taken into their Consideration Two Propositions lately sent to them from their Lordships And the House of Commons say Concerning the Proposition in general for preventing of Tumults and Routs they will agree to all good and lawful Wayes as their Lordships shall think fit for the Safety of the Parliament but for Printing of a particular Declaration the House of Commons say They have entred into Debate thereof and they find it to be a thing of that great Consideration as will require time to consider of it Concerning the Proposition That the Parliament may have a Guard the House of Commons agree thereunto so it be such as the Parliament approve of and that it be Commanded by the Earl of Essex Further the House of Commons desired their Lordships would speedily pass the two Bills for Pressing Marriners and Soldiers for Ireland without which they conceive Ireland cannot be saved I have often hinted before the great Ground that there was to believe that these Tumults were encouraged and promoted by the Faction and that I may not seem to write this as a conjecture I have had the good Fortune to meet among some of the Old Papers of those Times in the Clerk of the Parliaments Office by the Assistance of my Worthy Friend William Goldesborough Clerk of the Parliament that which will remain as a sufficient Testimony to Posterity of the truth of this Matter for Sir John Strangeways upon the 24th of November delivered in this Information Mr. Speaker AN Information was given unto me of a design and attempt to have been made upon this House Informations that the Members of Parliament occasioned the Tumults which if I mistake not comes near to High Treason but that I must submit to your Judgment It doth asperse in general some Members of this House but indefinitely without naming of any for consenting unto it if not for contriving of it The Information was as follows A brief of the discourse that passed between one Cole an Apprentice to one Mr. Mansfield a Haberdasher in Distaff-Lane and John Michaelson upon Wednesday the 24th of November 1641. between 9 and 10 of the Clock at Night in the hearing of Stephen Terret Vncle to the said Cole and John Derivall both Inhabitants in Chelmsford The said Cole a lusty Young man came into the Chamber of the said John Michaelson at the Spread Eagle in Gracious Street and without any demand or provocation did freely confess in a boasting manner That he was but then newly come from the Pallace-Yard in Westminster where he with a Thousand more had been that Evening all armed with Swords the said J. Michaelson asked him the Reason why they would or how they durst adventure in that unlawful way to gather themselves together to put Fears and Jealousies in the Parliament and told him it was not allowable by the Laws of God or of the Land and asked him what Warrant they had for this disorderly act He answered That they were sent for by some Parliament-men I asked him What ground he had for what he said He told me his Master was a Constable who gave him a Sword and had him go and he believed that the Masters of the other Apprentices that were with him gave them the like Directions and that they would not have done so unless some Warrant or Direction had come from some Parliament-men I asked him to what End they went He answered That they heard there was a division in the Lower House and that the best affected Party was like to be over-powered by the other and their direction and intentions was to assist them when they should be call'd for but finding that they agreed well and came peaceably away
desire the Lieutenant may be sent for to give an Account of these things Which the Lords agreed to and immediately sent for the Lieutenant and Captain Connisby to atttend both Houses of Parliament presently But this was not satisfactory enough for Mr. Pym came with a second Message to the same Effect And that therefore the House of Commons desire that Directions may be given to the Lieutenant of the Tower and the Master of the Ordnance That no Provisions or Ammunition whatsoever shall be sent out of the Tower without the King's Authority signified by both Houses of Parliament and that no extraordinary quantity of Provisions be brought into the Tower without his Majesties Pleasure signified by the Houses of Parliament For the putting this in Execution the House of Commons desire that a convenient Guard may be put about the Tower by Land and by Water and this Guard to be appointed by the Sheriffs of London and to be under the Command of Sergeant Major General Skippon and that the Care of the Parliament herein may be intimated to the Common Council of London Whereunto the House of Lords immediately agreed Thus did they exactly follow the Example of their Brethren of Scotland who in the beginning of the Rebellion there laid a Blockade to the Castle of Edinburgh till they got it into their Power and a Creature of their own placed in it which was the Design now upon the Tower of London And these Messages produced the following Order Ordered by the Lords and Commons in Parliament Order of Lords and Commons to set a Guard upon the Tower That the Earl of Newport Master of the Ordnance and the Lieutenant of the Tower for the time being their Deputies or other Officers shall not permit or suffer any Ordnance Ammunition or other Provisions whatsoever to be carried out of the Tower nor permit extraordinary Increase of Waiters or any Provision of Victuals in any extraordinary Quantity or Proportion to be brought into the Tower without the King's Authority signified to both Houses of Parliament And for the better Safeguard of the Tower It is further Ordered by both Houses of Parliament That the Sheriffs of London and Middlesex shall appoint and place a sufficient Guard about the Tower both by Land and Water under the Command of Sergeant Major General Skippon Commander of the Guards of the Parliament and that these Guards be careful to see the former Order observed And the said Sheriffs are required to intimate to the Common Council of London in what manner the Lords and Commons have provided for the Safety of the Tower Order to stay 4 Dunkirkers with Ammunition c. for the Rebels Then an Order was directed to the Lord Admiral to stay four Ships lately come from Dunkirk with Arms and Ammunition for the Rebels in Ireland also the like Order to the L. Duke of Richmond Constable of Dover-Castle and Lord Warden of the Cinque-Ports and to the Earl of Portland Captain of the Isle of Wight The House was informed that the Lieutenant of the Tower was served with the Order and after he had read it he said Lieutenant of the Tower's answer to the Order to attend the Parliament That he was very desirous to attend the Houses of Parliament according to the Order but conceived he could not come without his Majesties leave first obtained in respect he hath received a Warrant from his Majesty with a Command not to depart out of the Tower without his Majesties leave but to reside there A Copy of which Warrant the Lieutenant sent to the Parliament and Captain Conisby was called in and attested the same producing this following Warrant CHARLES R. TRusty and Well beloved We greet you well The King's Warrant to Sir John Byron Lieutenant of the Tower Forasmuch as in these Tumultuous times We have thought it necessary that the Tower of London where remains not only Our Principal Magazine of Arms and Munition but also Our Records and other Matters of great Importance should be always very well Ordered and that all the Officers and Guard there should be all Resident to perform their Duties Our Will and Command therefore is That you fail not to reside constantly in Our said Tower to see the Guard there to perform their several and respective Duties and that you at no time go out of Our said Tower upon any occasion whatsoever without first acquainting Vs therewith and receiving Our leave and Order for the same and herein We expect that you fail not as you tender Our displeasure and will Answer the contrary for which these shall be your sufficient Warrant Given under Our Signet at Our Court at White-Hall the 10 th day of January in the 17 Year of Our Reign To Our Trusty and Well-beloved Sir John Byron Knight of the Bath Lieutenant of Our Tower of London Whereupon the House conceived That the Lieutenant of the Tower had committed a high Contempt to the Order of this House in not coming notwithstanding the King's Warrant because the King's Command is always supposed to be in an Order of this House And after much debate a Message was sent to acquaint the Commons with the whole Matter A Message was then brought up from the Commons by Mr. Nathaniel Fines Information against Lord Digby Col. Lunsford That whereas the House of Commons hath been informed That Collonel Lunsford and the Lord George Digby Son to the Earl of Bristol with others have gathered together Troops of Horse and have appeared in a Warlike Manner at Kingston upon Thames within the County of Surrey where the Magazine of that Part of the Countrey lies to the Terror and Fright of his Majesties good Subjects and Disturbance of the Publick Peace of the Kingdom the House of Commons hold it fit that particular directions be sent to the Sheriffs of Surrey and Middlesex Bucks and Berks for the suppressing of such Assemblies being contrary to Law and to take some Course for the securing of those four Counties and the Strand and Westminster and the Magazines thereof and for the suppressing of all unlawful Assemblies that are gathered together to the disturbance of the Peace of the Kingdom and they to be required to call in the Justices of the Peace and Train'd Bands of the Counties for their Assistance herein and to give a speedy account of their Proceedings therein to the Parliament The House of Commons do also desire their Lordships to take Order That the Lord Digby a Member of this House be required to give his Attendance here Portsmouth And further they desire That an Order may be sent from both Houses to the Governor of Portsmouth requiring him that he do not deliver up the Town nor receive any Forces into it but by his Majesties Authority signified by both Houses of Parliament And Lastly Common-Council Whereas the Common Council of London hath appointed a Committee to consider of the defence and safety of the
to apprehend the Persons there or in any other place Information was also given of Arms at Fox-Hall which being the Lord Herberts he was willing they should be disposed of as the Parliament thinks fit and therefore Sir John Evelyn was appointed to go with a Message to desire the Lords to joyn with the Commons for the removing them from thence to the City of London to be there securely kept in regard of the Danger of these times and the weakness of that Place the Situation of it so near the Houses of Parliament and the conveniency of Water and the Forces that are now Assembled at Kingston Thus did they amass a multitude of Informations searched all corners for Arms and Ammunition to countenance the Noise of a Plot against the Parliament but truly with very little success most of these hopeful Plot Eggs proving Addle and Dwindling into nothing more then serving the present turn of keeping up the People in a belief of this Horrible Plot against the Parliament The House of Lords being informed that one James Hanham a Recusant of Holle-Well in Sommerset-shire Thursday Jan. 13. had Arms for 40. Foot and 20. Horse and three Pieces of Brass Ordnance which causeth great terror to his Majesties good Subjects It was Ordered that the Sheriff of that County and the two next Justices of the Peace should Seize and take into their Custody the Arms and Ordnance that they shall find in the House of the said Hanham and keep them for his Majesties Use and Service A Message was then brought from the House of Commons by the Lord Grey of Grooby to let their Lordships know That they find abroad under the hand of the Clerk of this House Articles of High Treason and of other Misdemeanors against the Lord Kymbolton and five of the Members of the House of Commons and they desire to know how those Articles came into this House To which the Answer was That these Articles were brought into this House by Mr. Attorney General The Lord Keeper next Reported to the House That he had waited on the King and according to their Lordships command he had moved his Majesty from both Houses that he would be pleased to give his Royal Assent to the three Bills lately passed both Houses and likewise hath acquainted his Majesty with the Order made concerning the putting of Sir John Hotham into Hull for the securing of the Town and the Magazines there And his Majesty returns this Answer 1. The Kings answer concerning the three Bills passed Concerning the Bill for pressing of Marriners and concerning the Captives of Algier his Majesty is content to pass his Royal Assent for them for that purpose he hath given Warrant for a Commission But for the Bill of giving Power to the Houses to Adjourn into London his Majesty says in regard neither he nor any of his Council hath seen it he will take some time to consider of it before he resolves any thing therein 2. For the Fears concerning Hull his Majesty hath formerly considered the same and hath already taken Special care for the security of that Place from the adjoyning Papists Likewise his Lordship Reported That his Majesty had commanded him to deliver this answer to both Houses touching the Lord Kymbolton and the five Members of the House of Commons That his Majesty taking notice The Kings Message concerning the Lord Kymbolton and the 5 Members that some conceive it disputable whether the Proceedings against the Lord Kymbolton Mr. Hollis Sir Arthur Haslerig Mr. Pym Mr. Hambden and Mr. Strode be Legal and Agreeable to the Priviledges of Parliament and being very desirous to give Satisfaction to all Men in all matters that may seem to have relation to Priviledges is pleased to wave his former Proceedings and all doubts being by this means settled when the Minds of Men are composed his Majesty will proceed thereupon in an unquestionable Way and assures his Parliament that upon all occasions he will be as careful of their Priviledges as of his Life and his Crown Whereupon it was Ordered That this Answer be Communicated to the House of Commons Upon this occasion I find a Speech of the Earl of Monmouth's made this day in the House of Lords which because it takes notice that the King did not think himself safe at White-Hall I have here inserted and I find this also confirmed in a little Book written by Mr. Howel Howells Inspections into the Carriage and Consults of the long Parliament pag. 97. and Dedicated to the late Usurper where recounting the Transactions of those times he said That the King rather then Expose himself to such bare Indignities as were offered to him during these Popular Riots and there being Dark Whispers of an attempt upon his Person He Retired to Hampton Court and thence to Windsor Castle c. The Earles Speech was as follows My Lords I Shall desire to be heard speak a few Words The Earl of Monmouth's Speech in the Lords House January 13. 1641. which I would much rather have heard spoken by any of your Lordships that so they might have a happier and a more handsome Expression though with a better Heart and clearer Intentious they could not have been spoken The sad Condition we are now in My Lords is such as is too apparent to any man who hath but half an Eye the City of London is full of Jealousies and Apprehensions we sit not here free from Fears the King hath with-drawn himself from hence together with his Queen and Children out of a belief as I conceive that his Majesties Person was not safe here While things continue in this Posture My Lords we may well fear an impairing we can hardly hope for the bettering of Affairs God hath plac'd us My Lords in the Medium betwixt the King and his People Let us play our Parts My Lords Let us do our Duties and discharge our Consciences Let us really prove what we are by Name Noblemen Let us indeavor to work a perfect and a true Vnderstanding between the King and his People Let us freely unbosome our selves to his Majesty and desire that his Majesty will be pleased to do so to us and to this end My Lords which is the end of my Motion if it shall be approved of by your Lordships I do humbly move that by way of Conference or any other way we may desire the House of Commons to joyn with us first in an humble Petition to his Majesty that he would be graciously pleased to return to his good City of London as the safest Place we conceive for his sacred Person in these distemper'd Times and then that they will likewise joyn with us in a Profession or Protestation that we will do what in us lies to free his Majesty from his Fears to take from the Citizens of London and his Majesties other Subjects their Jealousies and Apprehensions and that we will Live and Dye his Majesties faithful Advisors
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
Sir Arthur Haslerig Mr. Pym Mr. Hampden and Mr. Strode by Sir William Killigrew Sir William Flemen and others in the Innes of Court and elsewhere in the Kings Name was a high Breach of the priviledge of Parliament a great scandal to his Majesty and His Government A seditious Act manifestly tending to the subversion of the peace of the Kingdom and an injury and dishonour to the said Members there being no legal charge or accusation against them The priviledges of Parliament and the liberties of the Subject so violated and broken cannot be fully and sufficiently vindicated unless His Majesty will be graciously pleased to discover the names of those persons who advised his Majesty to issue out Warrants for the Sealing of the Chambers and Studies of the said Members to send a Serjeant at Arms to the House of Commons to demand their said Members to issue out several Warrants under His Majesties own hand to apprehend the said Members His Majesties coming thither in his own Royal person The publishing of the said Articles and printed paper in the form of a Proclamation against the said Members in such manner as is before declared To the end that such persons may receive condign punishment And this House doth further declare Voted Jan. 17th 1641. That all such persons as have given any Counsel or endeavoured to set or maintain division or dislike between the King and Parliament or have listed their names or otherwise entred into any combination or agreement to be aiding or assisting to any such councel or endeavour or have perswaded any other so to do or that shall do any the things above mentioned And shall not forthwith discover the same to either House of Parliament Or the Speaker of either of the said Houses respectively and disclaim it are declared publick enemies of the State and peace of this Kingdom and shall be inquired of and proceeded against accordingly But to proceed This Morning Sir Henry Vane Sir Walter Erle Sir Sam. Rolls and Sir Simon D'Ewes were appointed to examine the Pacquet from France directed to Mr. Crofts which they did and Reported That they found nothing in those Letters of any Consequence Mr. Whittacre also Reported That he had searched the Lodgings of Sir James Hamilton according to the Order yesterday but found no Arms there as was informed Committee to Try Frivolous Informations Whereupon Mr. Long Mr. Whittaker Mr. Strode Sir Arthur Haslerig Mr. Cary Mr. Arthur Goodwin Sir John Franklyn Mr. Whitehead Sir John Evelyn Mr. Wheeler Sir John Holland Sir Robert Pye Mr. Glyn Mr. Brown Mr. Reynolds and the Citizens for London were appointed to be a Committee and they or any three of them to have Power when Informations come to be given to the House to examine them and if they find them worth the knowledg of the House to acquaint the House therewith and if they find them not of any consequence to dismiss the Business and the Parties and they have power to send for Parties Witnesses and Writings and to make searches as they see Cause and to open Doors Chests or Trunks There is nothing can make it more evident then the appointing this Committee that these People were abundantly satisfied and sensible that they were horribly imposed upon by frivolous Informations and yet they were so void either of Honor Honesty or Conscience without due Examination to impose those false Informations upon the Nation as great Truths as particularly the Lord Digbie's being at Kingston with 500 armed Men which made such a noise that the Trained Bands and Posse Comitatus were raised to disperse a Rebellious Assembly of a Coach and six Horses and the ordinary Retinue of a Nobleman but this was their Way and they were not concerned to search for the truth of their Informations but the Consequences of them and whether they would turn to Account to blacken the King and inflame the People His Majesty had sent down Captain Legg to take Charge of the Town of Hull and the Ammunition there whereupon the Commons who had before Ordered Sir John Hotham to be Governor a Committee was appointed to consider of the Bail given to the Serjeant for any Person committed by the House to the Custody of a Serjeant and to report their Opinion to the House both concerning the Bail and Persons bailed and upon their Report It was Ordered That those Lords that are Bail for Captain Legg shall be moved to bring in Captain Legg forthwith and the Serjeant is to move those Lords accordingly The Officers and Gunners of the Tower having been Summoned to attend the House Gunners of the Tower examined by the Commons and accordingly appearing it was Ordered That Sir Gilbert Gerrard Mr. Hampden Sir Robert Pye and Sir Henry Mildmay do Examine the Officers of the Tower now at the Door what Persons suspected have been lately put into the Tower and to ask them if they will all take the Protestation and to acquaint them That this House sent for them in respect that they have a good Opinion of them thinking they might have had occasion to use them but at this time they have not and so to dismiss them The House was then informed Lieutenant of the Tower at the Commons Bar. That the Lieutenant of the Tower Sir John Byron was at the Door who was called in to the Bar and kneeled there a while and then rising again delivered an humble Petition to the House which was read and it was Ordered That the Serjeant should acquaint him that the House hath read his Petition and in due time will take it into Consideration The Commons having desired the Lords to joyn with them Friday January 14. in an Order for several Counties to raise Force to Suppress the pretended Army of the Lord Digby assembled at Kingston the Lords this Day made a general Order for suppressing all Tumults and unlawful Assemblies throughout this whole Kingdom as follows WHereas Information hath been given to the Parliament Order for suppressing Tumults That the Lord Digby Son to the Earl of Bristol and Colonel Lunsford with others have gathered Troops of Horse and have appeared in warlike Manner at Kingston upon Thames in the County of Surrey where the Magazine of Arms for that part of the County lies to the Terror and Affright of his Majesties good Subjects and disturbance of the Publick Weal of the Kingdom It is this Day ordered by the Lords and Commons in Parliament That the Sheriffs of the several Counties of England and Wales calling to their Assistance the Justices of the Peace and the Trained Bands of the several Counties or so many of them as shall be necessary for the Service shall suppress all unlawful Assemblies gathered together to the Disturbance of the Publick Peace of the Kingdom in their several Counties respectively and that they take Care to secure the said Counties and all the Magazins in them And it was Ordered to be Printed and
year of Henry the Sixth which say that the English Statutes shall not be in force in Ireland unless particularly received in Parliament it makes all the Irish Statutes void which say that the English Statutes shall not be in force there It is usual when a Statute sayes that such a thing shall be done or not done to add further that all Statutes to the contrary shall be void No likelihood that this Statute intended to take away any Statute of Treason but when in the Chapter next before this Murder there is made Treason as if done upon the Kings person That this Statute of the Eighteenth year of Henry the Sixth remains on foot and not repealed either by the Statute of the Eighth year of Edward the Fourth or this of the Tenth year of Henry the Seventh appears expresly by two several Acts of Parliament made at the same Parliament of the tenth year of Henry the Seventh By an Act of Parliament of Henry the Sixth's time in Ireland it was made Treason for any Man whatsoever to procure a Privy-Seal or any other Command whatsoever for apprehending any Person in Ireland for Treason done without that Kingdom and to put any such Command in Execution divers had been attainted of Treason for executing such Commands There is a Treason so made by Act of Parliament in Henry the Sixth's time In the third Chapter of this Parliament of the tenth of Henry the Seventh an Act is passed for no other end then to repeal this Statute of Henry the Sixth of Treason If this Statute of Henry the Sixth of Treason had been formerly repealed by the Statute of 8 E 4. or then by the two and twentieth Chapter of this Parliament of the 10th of Henry the Seventh by bringing in the English Statutes the Law-makers were much mistaken now to make a particular Act of Parliament to repeal it it being likewise so unreasonable an Act as it was In the Eighth Chapter of this Parliament of the 10th of Henry the Seventh it is Enacted that the Statutes of Kilkenny and all other Statutes made in Ireland two only excepted whereof this of the Eighteenth of Henry the Sixth is none for the Common-Weal shall be enquired of and executed My Lord of Strafford saith that the bringing in of the English Statute hath repealed this Statute the Act of Parliament made the same time saith no it saith that all the Irish Statutes excepting two whereof this is none shall still be in force Object Oh but however it was in the 10 H. 7. yet it appears by Judgment in Parliament afterwards that this Statute of 18 H. 6. is repealed and that is by the Parliament of the 11th year of Queen Elizabeth the 7th Chapter that by this Parliament it is Enacted That if any Man without Licence from the Lord-Deputy lay any Soldiers upon the Kings Subjects if he be a Peer of the Realm he shall forfeit one hundred pounds if under the degree of a Peer One hundred Marks This Statute as is alleadged declares the Penalty of laying Soldiers on the Subjects to be only one hundred pounds and therefore it s not Treason Answ My Lords if the Offence for which this Penalty of one hundred pounds is laid upon the Offenders be for laying Soldiers or leading them to do any Act Offensive or Invasive upon the Kings People the Argument hath some force but that the Offence is not for laying Soldiers upon the true Subjects that this is not the Offence intended in the Statute will appear to your Lordships Ex absurdo from the words of it The Words are That if any Man shall assemble the People of the County together to conclude of Peace or War or shall carry those People to do any Acts Offensive or Invasive then he shall forfeit One hundred pounds If concluding of War and carrying the people to Acts Invasive be against the Kings Subjects this is High-Treason which are the words of the Statute of 25 E. 3. for if any Subject shall assemble the people and conclude a War and accordingly shall lead them to invade the Subject this is a levying of War within the words of the Statute and then the Statutes of the 25 E. 3. 1 H. 4. 1 of Queen Mary which the Earl of Strafford in his Answers desires to be tryed by are as well repealed in this point as the Statute of the 18th of Henry the Sixth he might then without fear of Treason have done what he pleased with the Irish Army for all the Statutes of levying of War by this Statute of 11 Eliz. were taken out of his way In Ireland a Subject gathers Forces concludes a War against the Kings People actually invades them bloodshed burning of houses depredations ensue two of those that is Murder and burning of Houses are Treason and there the other Felony by the construction the punishment of Treason and Felony is turned only into a fine of One hundred pounds from loss of Life Lands and all his Goods only to loss of part of his Goods The Third Absurdity a War is concluded three several Inrodes are made upon the Subjects in the first a hundred pounds damage in the second five thousand pounds damage in the third ten thousand pounds damage is done to the Subjects the penalty for the last inroade is no more then for the first only one hundred pounds This Statute by this Construction tells any man how to get his living without long labour Two parts of the hundred pounds is given to the King a third part unto the Informer Here 's no damage to the Subject that is robbed and destroyed My Lords The Statute will free it self and the makers from those Absurdities The meaning of the Statute is That if any Captain shall of his own head conclude of Peace or War against the Kings Enemies or Rebels or shall upon his own head invade them without Warrant from the King or Lord Deputy of Ireland that then he shall forfeit a Hundred pounds The offence is not for laying of Soldiers upon the Kings people but making War against the Irish Rebells without Warrant the Offence is not in the Matter but in the Manner for doing a thing lawful but without Mission I. This will appear by the general Scope of the Statute all the parts being put together II. By particular Clauses in the Statute III. By the Condition of that Kingdom at the time of the making of that Statute For the First The Preamble recites that in time of Declination of Justice under pretext of defending the Country and themselves diverse great Men arrogated to themselves Regal Authority under the names of Captains that they acquired to themselves that Government which belonged to the Crown for preventing of this It 's Enacted That no man dwelling within the Shire-Grounds shall thenceforth assume or take to himself the Authority or name of a Captain within these Shire-Grounds without Letters-Patents from the Crown nor shall under colour of his
in Charity it is a supposition not to be supposed no nor in Reason that they will go against the Light of their understanding The holiness of their Calling their Knowledge their Freedoms from Passions and Affections to which Youth is very obnoxious their vicinity to the Gates of Death which though not shut to any yet always stand wide open to old Age these My Lords will surely make them Steer aright But of matter of Fact there is no disputation some of them have done ill Crimine ab uno disce omnes is a Poetical not a Logical Argument Some of the Judges have done so some of the Magistrates and Officers and shall there be therefore neither Judge Magistrate nor Officer more A personal Crime goes not beyond the Person that commits it nor can anothers Fault be mine Offence If they have contracted any Filth or Corruption through their own or the Vice of the Times cleanse and purge them thorowly But still remember the great difference between Reformation and Extirpation And be pleased to think of your Triennial Bill which will save you this labour for the time to come fear of punishment will keep them in order if they should not themselves through the love of Vertue I have now My Lords according to my poor Ability both shewed the Conveniences and answered those Inconveniencies that seem to make against them I should now propose those that make for them As their falling into a Condition worse then Slaves not represented by any and then the dangers and inconveniences that may happen to your Lordships but I have done this heretofore and will not offer your Lordships Cramben bis coctam In the Commons House the Affair of the Captives at Algiers fell under debate and produced these following Votes Resolved Votes about the Captives at Algiers c. That his Majesty be moved to send at the Charges of the Merchants some fit person to the Grand Seignior to demand the English Captives in Algiers and other the Turkish Dominions Resolved c. That in some convenient time a Fleet of Twenty Ships and Pinnaces be sent to Algiers to assail the Town and their Ships if the Captives be not delivered upon the demand of them Resolved c. That the Book of Rates being setled One per Cent. be laid upon Trade over and above the Sums in the Book to be collected and imployed by Commissioners to be appointed by the Parliament for this special Vse and continue so long as the Parliament shall think fit A Message was brought to the Lords by Mr. Conference about the Scots Secretary Vane to let their Lordships know that the Select Committee of their House have Reported what was yesterday done at the meeting with the Select Committee of Lords Thereupon the House of Commons having taken the business into Consideration have Resolved c. That the whole Arrear of 120000 l. be presently paid to the Scots out of which the due Debts of the Counties are to be deducted and for the Brotherly assistance of 300000 l. it shall be setled and secured by the Kingdom to them Resolved c. That if the deductions may withdraw more Moneys than the Scots can spare from the Disbanding then the whole 120000 l. shall be allowed them for the Disbanding and the Debt of the Counties be taken upon the Kingdom for the present and be first paid out of the Brotherly assistance Resolved c. That when the Treaty shall be fully Concluded and Publick Faith given for Peace and Security for Mony both the Armies may be Disbanded by degrees as mony shall come in Resolved c. That the Committee shall have power to present these Heads to the Lords Commissioners to treat with the Scots Likewise the House of Commons desired that a meeting might be between the Lords Commissioners and the Scots Commissioners this Afternoon at four of the Clock and propound these Resolutions unto them All which the Lords assented to Saturday May 22. Monday May 24. Money borrowed of the City desired to be continued Votes about the Bishops Bill in the Lords House The greatest part of this day was spent by the Commons in the Debate of the Scottish Articles Fifty Thousand Pounds and Sixty Thousand Pounds formerly lent by the City was this day desired to be continued a Year and a half longer with promise to be repaid out of the four hundred thousand pounds voted to be raised for payment of the debts of the Kingdom The Bill concerning the Bishops was this day Debated in the House of Lords and after a long and serious Debate the House was Reassumed and it was Resolved upon the Question That the Arch-Bishops and Bishops shall have Suffrage and Voice in the House of Peers in Parliament Resolved c. That the Arch-Bishops and Bishops shall not have Suffrage and Voice in the Court of Star-Chamber when they are called Upon the further Debate of the Bill about Bishops it was this day further Resolved c. That no Arch-Bishop or Bishop or other Person in Holy Orders shall be Justices of the Peace Resolved c. That no Arch-Bishop or Bishop nor other Persons in Holy Orders shall be of the Privy Council to the King or to his Successors The Commons fell this day upon consideration of the Customers but before they came to any Vote Mr. Pym made a motion for them offering a Hundred Thousand Pounds composition Tuesday May 25. Customers offer 100000 l. For an Act of Oblivion provided they might have an Act of Oblivion but the proposition being rejected by the House it was Voted Resolved c. That all Collections of any Sums of Mony by colour of Subsidies Imposts or Aids upon any Merchandize whatever not granted by Parliament are against the Law and Liberties of the Subject Resolved c. That all such persons as have Collected any such Sums of Mony under colour of Subsidy Imposts or Aid upon any Merchandise whatever not granted by assent in Parliament are Delinquents The Complaint of the Vintners against Alderman Abel Wednesday May 26. The Vintners Case against Abel and Kilvert and Mr. Kilvert for taking one peny per Quart upon all French Wines and two pence per Quart upon Spanish Wines was this day debated in the House of Commons and upon the Debate voted Illegal and a Bill Ordered to be brought in against the said Alderman Abel and Mr. Kilvert The Customers Sir Paul Pindar The Customers Petition for an Act of Oblivion and to pay 150000 l. in a Month. Sir Abraham Daws Sir John Worstenholm and Sir John Jacob Petitioned the House for an Act of Oblivion whereupon it was Resolved c. That one hundred and fifty thousand pound offered by the Petitioners in satisfaction of their Delinquency to the Common-wealth shall be accepted they paying the Mony within one Month as was expressed in their Petition and an Act of Oblivion to be passed according to certain Limitations made in
first acquainted this House therewith And they further desired this House to consider whether this House would stand to the Charge they have already transmitted The Earl of Bristol Reports certain Propositions or Memorials which were delivered to the Lords Commissioners from the Commissioners of Scotland Memorials from the Scottish Commissioners and Answers to them as are fit to be perfected upon the Treaty as also the Lords Commissioners Answers to them Prop. 1. I. THe Exemplification of the Treaty and of the Act for Securing the Remainder of the Brotherly Assistance to be writ in Secretary Answer To this it was Answered That it is already Ordered as is desired Prop. 2. II. That a Commission may be granted from the Parliament for Examination of Witnesses in the Process of Incendiaries conform to the Paper given to the Earl of Bristol Answer The Second is referred to the Lord Mandevil's Care Prop. 3. III. A Licence to the Army to March through Berwick because the Waters are out that they cannot march over the River of Tweed and so cannot appoint a certain day for the passing over Answer This is to be propounded to the Houses of Parliament Prop. 4. IV. To get an Order for delivery of 42000 l. part of the 80000 l. and that the remainder of the 80000 l. detained for payment of what is due to the Northern Counties may be secured by Order of the Parliament so as it may Release the Scots at the Counties hands if so much shall be found justly owing unto them by those who are entrusted on both sides with the Accounts and if there be not found so much justly owing to the Counties that the overplus be paid to the Scots and that they may have Acquittances from the Counties Ans wer This is or shall be presently performed by the Earl of Warwick Prop. 5. V. That the time for the removing the Scottish Army is to begin after the Receipt of the Arrears and Payment of the 80000 l. in manner aforesaid and that it is conceived the same will be paid unto them before the 15 day of August and that they have 5. dayes thereafter to draw the Army together in one Body at a Rendevouz and making themselves ready with all their Necessaries to march and there is thereafter five dayes allowed them to march to Scotland which will be the 26th of August Instant during which space the Maintenance of the Army of 850 l. per diem for Relief of the Northern Counties is to be allowed and paid before the Army March Answer The dayes in particular are to be set down by the Parliament Prop. 6. VI. To condescend that the Commission for Conservation of the Peace and the Commission for the Treaty concerning Trade and Intercourse betwixt the Two Kingdoms do go on all the remanent Articles to be referred to that Treaty Answer Order shall be given accordingly and that the Lord Mandeville will take care Prop. 7. VII To think upon the Warrant and manner of recalling the Declarations and Proclamations made against His Majesties Subjects of Scotland and the manner and time of the public Thanksgiving for the happy Peace and Union of the Kingdoms Answer It shall be moved to the Parliament that Order may be taken accordingly but the Scots to be over the Tweed first Prop. 8. VIII That Order be given to the Northern-Counties for carrying their Artillery Ammunition and Baggage to the River of Tweed Answer It may be recommended to the Gentlemen of those Counties to Write their Letters for the performance of what is desired After which the House of Lords agreed to all these Propositions and Answers Then a Letter from the Speaker of the House of Lords to the Lord General was read as follows May it please your Excellency YOur Excellency hath lately received Order from the House of Lords Assembled in Parliament for the speedy Disbanding of the Horse of His Majesties Army which they hope is in good forwardness The Letter from the Lords to the Lord General Aug. 11. 1641. His Majesty hath now given His Royal Assent to the Acts for the conclusion of the Treaty and the securing the remaining part of the Brotherly Assistance and all the Arrears due to the Scottish Army are upon the way to New-Castle I am therefore commanded by the House of Lords to convey to your Excellency their earnest desires that you will with all possible speed Disband all the Regiments of Foot and the Train of Artillery of His Majesties Army His Majesty hath been pleased Graciously to declare his Royal Assent therein and your Excellency will herewith receive Order for the doing thereof I shall only add that the Scots Commissioners are engaged to the Parliament that immediately upon the Receipt of those Arrears their Army shall march away to Scotland for which their General hath received a Command from the Parliament of Scotland This House being very confident of your Lordships care in the present business do promise to themselves a speedy and a happy conclusion thereof for which your Excellency may justly expect their Hearty thanks and that it will be an acceptible Service to His Majesty as may appear by His Majesties Message to this House a Coppy whereof you will receive herewith which as by the Command of this House is sent by 11 Aug. 1641. Your Excellency's humble Servant c. Serjeant Whitfield and Sir Edward Leech being sent this day by the Lords to desire a Conference by a Committee of both Houses touching the Final Conclusion with the Scots Thursday August 12. the Earl of Bristol reported the Heads of the Conference which he was Ordered to deliver to the House of Commons 1. To let the House of Commons know Heads of a Conference for a Final Conclusion with the Scots That the 7th of September next is thought to be a fit day for Publick Thanksgiving for both Kingdoms for the Conclusion of the Pacification 2. To know from the House of Commons What dayes are to be allowed for the Marching away of the Scots that the day of their passing over Tweed may be certain they being to be paid until the 25th of August 3. To let the House of Commons know That the Exemplifications of the Acts concerning the Treaty and Publique Faith are both passed under the Great Seal and delivered 4. To desire them to joyn with this House That the Scots may be moved for the delivering of the Arms and Cannons at Newcastle to his Majesties Officers 5. To let them know That the Scots desire that there may be a Warrant granted for the Transporting of 30000 l. in Money by Sea 6. To know of them what Course is to be taken for the perfecting the Treaty in Scotland 7. To let them know That the Scots desire to pass with their Army by Berwick Bridge and in such sort as shall be for the Safety of that Town as shall be agreed upon by their General and the Governor of Berwick 8.
of Parliament and is a restraint to the proceedings of other inferior Courts but is no restraint to the proceedings of Parliament and therefore seeing it may without in justice be denied this being the Case of the Common-wealth they conceive it ought not to be granted Whereupon it is desired that their Lordships will declare that all Priviledges shall be void in case of the Conviction or Disarming of Recusants and that all their Certioraris out of the King's Bench to hinder the Conviction of Recusants may be Superseeded That this direction may extend to Lords as well as to other Common Persons there being more cause of fear from them in regard of their Power and Greatness then from others That if any Popish Recusant of Quality shall be found not to be Convicted that such Pesons be commanded forthwith to attend the Parliament The Opinion of the House of Commons is That Popish Recusants as this Case is may be Disarmed by the Common-Law being Persons justly to be suspected for some dangerous design and that where there is cause of fear this may be extended to such Persons as have Wives Recusants or Children or any but considerable number of Servants as may give good Cause of Suspitions That in ordinary Cases if there be a Combination to do any mischief to commit a Riot Rob a House or hurt any private Person the Justices of the Peace may take security to prevent such damages much more in the Case where the danger of the Common-wealth is to be prevented Divers Presidents were remembred for the Disarming of Lords of Parliament the Marquess of Winchester Lord Peter Lord Vaux Lord Arundel of Wardour and divers others Then after some Consideration of this Conference It is Ordered That this House doth joyn with the House of Commons to send Commissioners to Disarm Recusants according to Law for the other part of it their Lordships will take it into consideration Sir William Armyn brings this Answer to the Message to the Lords The Lords Answer about the Commissioners for Scotland concerning the Commissioners designed for Scotland That the Lords are of Opinion that the Commission and Instructions be presently prepared together with a Petition to his Majesty and that this be sent away with all Speed and in the mean time the Commissioners may be going their Journey and those Instructions and Commission may meet them on the Way if this House thinks fit Mr. Pym reports the Petition and Instructions to the Commissioners for Scotland To the King 's Most Excellent Majesty The Humble Petition of your Majesties Loyal Subjects the Lords and Commons now Assembled in Parliament Most Gracious Sovereign YOur Majesties Absence at this time the Parliament sitting The Petition to the King concerning the Commissioners for Scotland doth not only afflict us with much Grief but hinders us in making such Provision for the Public Necessities and Dangers of the Kingdom as we desired to do for the Safety whereof We shall be often forced to resort to your Majesties Wisdom and Goodness Whereupon both Houses of Parliament have agreed to send William Earl of Bedford Edward Lord Howard Nathaniel Fiennes Esquire Sir William Armyn Baronet Sir Philip Stapleton Knight and John Hambden Esquire to attend your Majesty to convey to us your Majesties Commands and Directions and to present to your Majesty our Humble Petitions and Desires and likewise to see the Expediting of such Acts in the Parliament of Scotland and other Affairs as by the late Treaty or otherwise concern the Kingdom Wherefore our most Humble Suit to your Majesty is That you will be graciously pleased to admit the said William Earl of Bedford Edward Lord Howard Nathaniel Fiennes Sir William Armyn Sir Philip Stapleton and John Hambden Esquire to be your Majesties Commissioners for the dispatch of the Affairs aforementioned according to such Instructions as they have now received or shall from time to time receive from both Houses of Parliament with your Majesties Consent and Approbation The Instructions for the said Commissioners follow I. YOV shall take care that all those Acts that concern both Kingdoms of England and Scotland The Instructions for the Commissioners and are already agreed upon in the Treaty between the Commissioners of both Nations and which are Confirmed by an Act of Parliament passed in this present Session shall likewise be confirmed and ratified in the Parliament in Scotland and You shall take an authentique Exemplification thereof to bring home with you II. You are to take Care that the Commissions agreed upon in the same Treaty concerning the Trade of both Kingdoms and concerning the Publique Peace and Correspondency betwixt the Two Nations may be settled and dispatched accordingly III. You are to demand Satisfaction of such Debts as shall remain due to the Northern Counties of England for any Money or Provision taken up by the Scottish Army IV. You shall be Careful to clear the Proceedings of the Parliament of England towards the Scots if you find any false Reports or Imputations cast on those Proceedings by persons ill-affected to the Peace of both Kingdoms V. You shall upon all fit Occasions assure the Parliament of Scotland of the good Affections of his Majesties Subjects of the Parliament of England and all things which shall concern the Service of his Majesty and the Peace and Prosperity of both Nations VI. You shall be Careful to certify the Lords and Commons in this present Parliament from time to time of all Proceedings therein and of all Occurrences which shall concern the good of this Kingdom VII You shall put in Execution such further Instructions as you shall receive from the Lords and Commons in this present Parliament with his Majesties Approbation and Consent signified under his Royal Hand It was Ordered Mr. Nichols to go with the Petition c. 1000 l. advanced for the Charges of the Commissioners That Mr. Anthony Nichols a Member of this House shall go to his Majesty from this House with the Petition and Instructions It was likewise Ordered That a Thousand pounds shall be advanced by Sir Robert Pye Mr. Wheeler and the Treasurers of Money for Westminster for the Commissioners Charges and their Acquittance or any two of them to be a Discharge Sir Philip Stapleton and Mr. Hollis were also Ordered to attend Her Majesty Sir Ph. Stapleton and Mr. Hollis to attend the Q. before they go for Scotland to know what Commands her Majesty will lay upon the Members of this House that are to go to His Majesty in Scotland The Lord General as indeed any person moderately skilled in Martial Affairs would have done made some difficulty it seems of letting so powerful an Army though of our Dear Brethren of Scotland March through so Important a Pass as the Town of Barwick and upon this wrote to the Parliament concerning it Whereupon the Lord Keeper Littleton returned this Answer My Lord I Have received your Letter dated the 16th of this
disguising himself yet he could not get forth of the City so surely Guarded were all the Gates There was found at his Lodging hidden some Hatchets with the Helves newly cut off close to the Hatchets and many Skenes and some Hammers In the end the Sheriffs of the City who were imployed in a strict search of his Lordship found him hidden in a Cock-loft in an obscure House far from his Lodging where they apprehended him and brought him before us He denied all yet so as he could not deny but he had heard of it in the Country though he would not tell us when or from whom and confessed that he had not advertised us thereof as in duty he ought to have done But we were so well satisfied of his Guilt by all Circumstances as we doubted not upon further Examination when we could be able to spare time for it to find it apparent Wherefore we held it of absolute necessity to commit him close Prisoner as we had formerly done Mac-Mahon and others where we left them on the 23 of this Month in the morning about the same hour they intended to have been Masters of that Place and the City That morning we laid wait for all those strangers that came the night before to Town and so many were apprehended whom we find reason to believe to have hands in this Conspiracy that we were forced to disperse them into several Goals and since we found that there came many Horsemen into the Suburbs that night who finding the Plot discovered dispersed themselves immediately When the hour approached which was designed for the surprising the Castle great numbers of Strangers were observed to come to the Town in great Parties several Ways who not finding admittance at the Gates stayed in the Suburbs and there grew so numerous to the Terror of the Inhabitants We therefore to help that drew up and instantly Signed a Proclamation Commanding all Men not dwellers in the City or Suburbs to depart within an hour upon pain of Death and made it Paenal to those that should harbour them which Proclamation the Sheriffs immediately Proclaimed in all the Suburbs by our Commandment which being accompanied with the Committal of those two Eminent Men and others occasioned the departure of these multitudes and in this case all our Lives and Fortunes and above all His Majesties Regal Power and Authority being still at stake we must vary from ordinary Proceedings not only in Executing Martial Law as we see Cause but also in putting some to the Rack to find out the Bottom of this Treason and the contrivers thereof which we foresee will not otherwise be done On that 23 of this Month we conceiving that as soon as it should be known that the Plot for seizing the Castle of Dublin was disappointed all the Conspirators in remote Parts might be somewhat disheartned as on the other side the good Subjects would be comforted and would then with the more Confidence stand on their Guard did prepare to send abroad to all Parts of the Kingdom this Proclamation which we send you here inclosed and so having provided that the City and Castle should be so well Guarded as upon the sudden we could we concluded that long Council On Saturday Twelve of the Clock at night the Lord Blaney came to Town and brought us the ill news of the Rebels seizing with two hundred Men his House at Castle-Blaney in the County of Monoghan as also a House of the Earl of Essex's called Carrick-Macross with 200 Men and a House of Sir Henry Spotwood's in the same County with 200 Men where there being a little Plantation of British they plundered the Town and burnt divers Houses and since it appears that they burnt divers other Villages and robbed and spoiled many English and none but Protestants leaving the English Papists untouched as well as the Irish On Sunday morning at three of the Clock we had intelligence from Sir Arthur Terringham that the Irish in the Town had that day also broken up the King's Store of Arms and Munition at Newry where the Store for Arms hath been ever since the Peace where they found 70 Barrels of Powder and Armed themselves and put them under the Command of Sir Con Magenis Knight and one Creedly a Monk and plundered the English there and disarmed the Garrison And this though too much is all that we yet hear is done by them However we shall stand upon our Guard the best we may to defend the Castle and City principally those being the places of most importance But if the Conspiracy be so universal as Mr. Mahon saith in his Examination it is namely That all the Counties of the Kingdom have Conspired in it which we admire should so fall out in this time of universal Peace and carried with that secresie that none of the English could have any Friend among them to disclose it then indeed we shall be in high Extremity and the Kingdom in the greatest danger that ever it underwent considering our want of Men Mony and Arms to enable us to encounter so great multitudes as they can make if all should so joyn against us the rather because we have pregnant cause to doubt that the Combination hath taken force by the incitement of the Jesuits Priests and Friars All the hope we have here is That the English of the Pale and some other Parts will continue constant to the King in their Fidelity as they did in former Rebellions And now in these straits we must under God depend on Aid forth of England for our present supply with all speed especially Mony we having none and Arms which we shall exceedingly want without which we are very doubtful what account we shall give to the King of this Kingdom But if the Conspiracy be only of Maguire and some other Irish of the Kindred and Friends of the Rebel Tyrone and other Irish of the Counties of Down Monogham Cavan Fermanagh and Armagh and no general Revolt following thereupon we hope then to make Head against them in a reasonable Measure if we be inabled with Money against them in a reasonable Measure if we be inabled with Money from thence without which we can raise no Forces so great is our want of Mony as we formerly have Written and our Debt so great to the Army nor is Money to be borrowed here and if it were we would Engage all our Estates for it neither have we any hope to get in his Majesties Rents and Subsidies in these Disturbances which adds extremely to our Necessities On Sunday Morning the 24th we met again in Council and sent to all parts of the Kingdom the inclosed Proclamation and Issued Patents to draw hither seven Horse Troops as a further strength to this Place and to be with us in case the Rebels shall make Head and march hitherward so as we may be necessitated to give them Battel We also then sent away our Letters to the Presidents of both the
Trevor of Council for the Bishops Order for Security of the Merchants at Venice and to present a List of their Names to the House It was this Day Ordered That Mr. Arthur Trever shall be Assigned to be of Council with the Lords the Bishops that are Impeached It was moved That least the Merchants at Venice may suffer for the opening of the Venetian Ambassador's Letters here that a Committee might be appointed to consider of some Dispatch to be sent to the King's Agent at Venice to let him know what Satisfaction hath been given by the House of Lords to the Ambassador here that so he may be the better enabled and Instructed how to apply himself to the State there to give them Satisfaction And the same Lords that went to the Ambassador were appointed to do it Then the Lord Privy Seal reported the last Conference That the Commons had given in a List of the Prime Papists Nobility Knights and Gentlemen in the Counties of Warwick Southampton Dorset Worcester Bucks Lancaster Pembroke and Stafford which they desired might be secured for the Safety of the Kingdom in this time of Danger Then was read an Ordinance which the Commons desired the Lords to joyn with them in which was as followeth THe Lords and Commons Assembled in Parliament having received Informations of dangerous Designs and Practises An Ordinance Issue out upon Beal's Information by Priests and Jesuits and Ill-Affected Persons to disturb the Peace of this State and the Proceedings of Parliament and to attempt upon the Persons of many of the Members of both Houses And well knowing That there is no way to prevent the Mischief which the Malice of such Men may suddainly bring upon the Realm to the utter Subversion of our Religion Laws and Liberties but by putting the Kingdom into a Posture of Defence and so to be ready upon all Occasions to oppose Force to Force They the Lords and Commons have thought fit to Appoint and Ordain and do hereby Appoint and Ordain the Earl of Essex to have the Trained Bainds of the several Counties in readiness and do hereby give him Power to command them whensoever there shall be need to March and Gather themselves into a Body and to oppose and set upon all those who shall attempt or do any thing which may be prejudicial to the Publick Peace or Dangerous to the Parliament in General or to any of the Members of Parliament in particular and they the said Lord and Commons do likewise hereby and injoyn all the Trained-Bands of the several Counties and every particular Person who is Officer or Soldier of the Trained-Bands to be obedient to the Commands of the said Earl as they will Answer the contrary at their Perils A Message was brought from the House of Commons by Sir William Armyn Baronet A further Account at a Conference of Beal's Plot. to desire a free Conference by a Committee of both Houses touching the safety of the Kingdom At which the Commons acquainted their Lordships That they have discovered some things further concerning the Plot which was related by Beal for upon Examination they are informed That there are two such Priests as Father Jones and Father Andrews Jones they understand is here in Town at the Earl of Worcester 's House and Andrews is described to be near 50 Years of Age and uses to come much to Sir Basil Brook 's House And they let their Lordships know That the House of Commons have caused a Guard to be set about the Earl of Worcester 's House and have Ordered That his House shall be searched but because he is a Peer of this House they have first acquainted their Lordships therewith This Information was given to the Commons by one Mr. Wadsworth The House of Commons further thinks fit that a Declaration be made That whosoever of the 108 Men designed to do this mischief shall come in and discover the same both Houses will be humble Suitors to the King that they may be Pardoned and they shall be well Rewarded They also desired That the Lords would be pleased to joyn with them in the Ordinance concerning the Earl of Essex and the like Ordinance they desire may be for the Earl of Holland that he may Command the Trained Bands on the North side the Trent and that they may Nominate particular Men of Trust in every County to take care of the Militia that the People may know whom to resort unto That the Isle of Wight may be secured by sequestring it into another hand for the present That the Forts and Castles of this Kingdom may be secured Lastly That search may be made in the City and the Liberties for all Priests and Jesuits and for all suspected Persons and that their Names and Conditions may be delivered in to the Parliament Hereupon it was Ordered That James Maxwel Esq Gentleman Vsher to the Lords should joyn with any such as the House of Commons shall appoint and imploy for the Searching of the Earl of Worcester 's house and any other Recusants houses being the King's Subjects for the apprehending and taking of any Romish Priests and Jesuits whatsoever It was also moved from the Committee of the House of Commons That Monsieur St. German and Peter de Chair may be Sworn and afterwards Examined by the deputed Lords And it was Declared That any Peer of this House may be present at the said Examination if he please To swell the Tide of Fears and Dangers Information of dangers in Lancashire the Lord Wharton informed the House That he had received a Letter from the Lord Strange Lord Lieutenant of Lancashire which had some particulars in it fit for this House to know The Letter was read wherein it was said That his Lordship was upon his Guard that some in that County were stronger than he and that if ever need was to look to Lancashire in our time it was now Upon which the Lord Wharton was commanded to give thanks from the House to the Lord Strange for his timely Information of the danger of that County Thomas Wall Wall committed to the Fleet for disobeying the Order of the House one of the Door-keepers of the House being called in to give an account of the delivery of the Order to the Justices of Middlesex and London for the searching for Priests and Jesuits last night confessed That he did not deliver them the last night but early this morning for which neglect of his in a matter of that Consequence he was committed to the Fleet until the pleasure of the House be further known and never to attend upon the House any longer The Lord Strange's Letter being sent to the Commons Conference about the L. Strange's Letter they deâ—â—red a Conference which the Lord Keeper Reported to this Effect That they give their Lordships thanks for Communicating to them the Lord Strange 's Letter by which and other Relations from Members of their House they hold that there
Captain Francis Gregory 's Company The Order was directed To all Mayors Justices of Peace Constables and all others His Majesties Officers to be Aiding and Assisting to the said James Watts with all convenient Expedition that may be afforded The like Orders of the same date was granted for taking up of 40 Men for Captain Peyton's Company by John Grey and John Tirrel For 40 Men for Lieutenant Colonel Corbet's Company by William Jenkins For 40 Men for Captain Honywood's Company by Robert Harding and Dymock Holby In the Commons House several Northern Petitions were this day presented for the Billet-Money which was engaged to be paid to the Inhabitants of those Counties where the Scots and English Armies were Quartered Whereupon Sir John Hotham Reported from the Committee appointed to Examine that matter the State of the Money and the Debt of the Kingdom by which it appeared as followeth  l. s. d. The first Two Subsidies 108672. 06. 00. The Third and Fourth Subsidies 96461. 19. 09.  205134. 05. 09. Paid out to divers Citizens of London 51507. 05. 08. To Sir John Harrison 51885. 16. 10. To Alderman Pennington 9972. 13. 10. To other Persons Members of the House 18497. 15. 08. To the Inhabitants of several Wards 45893. 13. 09. To Sir William Udal for the Army 9000. 00. 00.  186757. 05. 09. So rests of the Four Subsidies 18377. 00. 00. Of which paid for the Affairs of Ireland to be repaid out of the Citizens Loan-Money 12000. 00. 00. And to be repaid to Sir Robert Pye Sir Edw. Hales and others that lent it 2000. 00. 00. Remains 4377. 00. 00. Receipts of the Poll-money in general throughout the Kingdom 256720. 18. 02. Viz.    Poll-money paid at York 37371. 09. 10. Sir William Udal from the 7 Northern Counties 15450. 00. 00. Poll-money from Sir Rob. Pye and Mr. Wheeler 37415. 09. 02. Poll-money by the Treasurers 162195. 04. 07. In London 4288. 14. 07. Memorandum in Cash in the City of London 8 Dec. not paid to the Lenders 5596. 15. 11. Total Received upon the four first Subsidies 205134. 05. 09. Vpon the Poll-Bill 256720. 18. 02. The Composition of Old and New Customers 165000. 00. 00. Total 626855. 03. 11. Issued to Sir William Udal 339760. 00. 00. To the Scots 291361. 19. 04. To Sir John Mills for the Queen Mother 7000. 00. 00. To Colonel Goring 3000. 00. 00. To the Pay-Master at Berwick 29000. 00. 00. To the Pay-Master at Carlisle 10000. 00. 00. To Mr. Vassal for Ships to Holy-Island 170. 00. 00. To the Commissioners for the Poll-money 600. 00. 00. To the Committee in Scotland 1200. 00. 00. To O Connelly 500. 00. 00. To several Persons upon Orders 307. 09. 00. Total Issued 682899. 08 04. Total Received 626855. 03. 11. Remains in Debt 56044. 04. 05. Besides for Billet-money 64000. 00. 00. For Half Pay 26000. 00. 00. More for Billet 38000. 00. 00. Scots Arrears of Brotherly Assistance 220000. 00. 00. Peers to the City of London 56000. 00. 00. For Ireland to the City 56000. 00. 00. Total Debt 516044. 04. 05. Having thus helped to purge the Nation of some superfluous Money as appears by this Account which was in a manner wholly occasioned by the Invasion of their Reforming Brethren of Scotland they began now to think of Purging out the Loyal Members from their own House as well as the Bishops from the House of Lords And it was upon the Debate Resolved c. severally That Mr. Henry Wilmot Sir Hugh Pollard Wilmot Pollard and Ashburnham Voted guilty of Misprision of Treason and out of the House Mr. William Ashburnham and Sir John Berkley shall be accused of Misprision of Treason And it was Ordered That Mr. Wilmot who serves for Tamworth Sir Hugh Pollard Burgess for Belraston Devon Mr. William Ashburnham Burgess for Luggershall and Mr. Henry Piercy Knight of the Shire for Northumberland shall be disabled from Sitting as Members in the House of Commons and that Mr. Speaker direct his Warrants to the Clark of the Crown to issue out Writs for new Election of persons to serve in Parliament in their places It was also Ordered That Captain Legg shall be sent for by the Serjeant at Arms attending this House as a Delinquent There being this Day a Company of Watchmen Captain Legg sent for as a Delinquent Friday Decemb. 10. Parliament displeased at a Guard because not of their own appointment with Halberds about the Parliament Door It was moved that some of them might be called in to know who did command them to come and by what authority and to what purpose they come Hereupon two of the Constables were brought in and demanded the Reason why they came thither They said They came by virtue of a Warrant from the High Constable to be ready this Day to attend the Houses of Parliament because of a Riot is likely to be in Westminster Whereupon it was Ordered That the High Constable and the Vnder-Sheriff do attend this House presently In the Interim a Petition was delivered unto the House by the Lord Marquess of Hartford from the Loyal part of the Inhabitants of Somersetshire concerning the Government of the Church which was read presently in haec verba To the High and Honourable Court of Parliament now Sitting The Humble Petition and Remonstrance of the Knights Gentry Clergy Free-holders and Inhabitants of the County of Somerset Humbly Sheweth THat having with grief of Mind heard of sundry Petitions been Exhibited to this Right Honorable Assembly The Somerset-Shire Petition for Episcopacy and the Liturgy presented to the Lords by the Marquiss of Hertford Decemb. 10. 1641. by some of the Clergy and Laity about London and some Counties tending to the Subversion of the Church Government Established in this Kingdom We therefore tendring the Peace and Welfare of both do in all humbleness presume to make known our Opinions and Desires concerning the same Nothing doubting of the like good acceptance of our humble Petition and Remonstrance in this behalf being tendred with no less good Affection to the Peace and Happiness of the Church the Prosperity of his Sacred Majesty and this whole Kingdome For the present Government of the Church we are most Thankful to God belâ—eving it in our hearts to be the most Pious and the Wisest that any People or Kingdom upon Earth hath been blest withal since the Apostles dayes Though we may not deny but through the frailty of Men and Corruption of Times some things of ill Consequence and others needless are stollen or thrust into it which we heartily wish may be reformed and the Church restored to its former Purity And to the End it may be the better preserved from present and future Innovations we wish the wittingly and maliciously guilty of what Condition soever they be whether Bishops or other inferior Clergy may receive condign punishment But for the miscarriage of Governors to destroy the Government we trust it shall never
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