Soams Alderman Pennington and Mr. Venn do repair to the Common-Council of the City of London when they are sitting and to acquaint them with the Information this House received what Practices have been used to the Inns of Court and those other Informations of the like Nature that have been given to this House of the Preparations of Armed Men about White-Hall and those other Preparations at the Tower And to inform them in what danger the Parliament the Kingdom and the City is in It was also Ordered That Mr. Whittaker Sir Robert Pye and Mr. Pury do presently repair to the House of the Marquess de Neuf-ville and see if his House be furnished with Warlike Ammunition as the House is informed Memorandum Mr. Hollis Mr. Pym Sir Arthur Haslerigg Mr. The 5 Members appearance Entred in the Journal Hampden and Mr. Strode appeared to day according to the Injunction of the House And I find among the Prints of that time a Speech of Mr. Hampden's upon the occasion of his Impeachment which confirms this Memorandum which was as followeth Mr. Speaker IT is a true Saying of the Wise Man That all things happen alike to all Men Mr. Hampden's Speech in Vindication of himself against his Impeachment Jan. 4. 1641. as well to the good Man as to the bad There is no state or condition whatsoever either of Prosperity or Adversity but all sorts of Men are sharers in the same no man can be discerned truly by the outward appearance whether he be a good Subject either to his God his Prince or his Country until he be tryed by the Touchstone of Loyalty Give me leave I beseech you to parallel the Lives of either sort that we may in some measure discern Truth from Falshood and in speaking I shall similize their Lives 1. In Religion towards God 2. In Loyalty and due Subjection to their Soveraign in their Affection towards the Safety of their Country 1. Concerning Religion the best means to discern between the True and False Religion is by searching the Sacred Writings of the Old and New Testament which is of it self pure indited by the Spirit of God and written by Holy Men unspotted in their Lives and Conversations and by this Sacred Word may we prove whether our Religion be of God or no and by looking in this Glass we may discern whether we are in the Right Way or no. And looking into the same I find that by this Truth of God that there is but one God one Christ one Faith one Religion which is the Gospel of Christ and the Doctrine of the Prophets and Apostles In these two Testaments is contained all things necessary to Salvation if that our Religion doth hang upon this Doctrine and no other secondary Means then it is true to which comes nearest the Protestant Religion which we profess as I really and verily believe and consequently that Religion which joyneth with this Doctrine of Christ and his Apostles the Traditions and Inventions of Men Prayers to the Virgin Mary Angels Saints that are Used in the Exercise of their Religion strange and Superstitious Worshipping cringing bowing creeping to the Altar using Pictures Dirges and such like cannot be true but Erroneous nay devillish and all this is used and maintained in the Church of Rome as necessary as the Scripture to Salvation therefore is a false and Erroneous Church both in Doctrine and Discipline and all other Sects and Schisms that leans not only on the Scripture though never so contrary to the Church of Rome is a false worshipping of God and not the true Religion And thus much concerning Religion to discern the truth and falshood thereof 2 I come now Mr. Speaker to the second thing intimated unto you which was how to discern in a state between good Subjects and bad by their Loyalty and due Subjection to their Lawful Sovereign in which I shall under favour observe two things 1. Lawful Subjection to a King in his own Person and the Commands Edicts and Proclamations of the Prince and his Privy Council 2. Lawful Obedience to the Laws Statutes and Ordinances made Enacted by the King and the Lords with the Free Consent of his Great Council of State assembled in Parliament For the First To deny a willing and dutiful Obedience to a Lawful Soveraign and his Privy Council for as Cambden truly saith The Commands of the Lords Privy Councellors and the Edicts of the Prince is all one for they are inseparable the one never without the other either to defend his Royal Person and Kingdoms against the Enemies of the same either publique or private or to defend the Antient Priviledges and Prerogatives of the King pertaining and belonging of Right to his Royal Crown and the maintenance of his Honor and Dignity or to defend and maintain true Religion Established in the Land according to the truth of God is one sign of an Evil and Bad Subject Secondly To yield Obedience to the Commands of a King if against the true Religion against the Ancient and Fundamental Laws of the Land is another sign of an ill Subject Thirdly To resist the Lawful Power of the King to raise Insurrection against the King admit him adverse in his Religion to Conspire against his Sacred Person or any wayes to Rebel thô Commanding things against our Consciences in Exercising Religion or against the Rights and Priviledges of the Subject is an absolute sign of a Disaffected and Trayterous Subject And now having given the Signs of discerning Evil and Disloyal Subjects I shall only give you in a word or two the Signs of discerning which are Loyal and Good Subjects only by turning these Three Signs already shewed on the contrary side 1. He that willingly and chearfully endeavoureth himself to obey his Soveraign's Commands for the Defence of his own Person and Kingdoms for the Defence of True Religion for the Defence of the Laws of his Country is a Loyal and good Subject 2. To deny Obedience to a King commanding any thing against Gods true Worship and Religion against the Ancient and Fundamental Laws of the Land in endeavouring to perform the same is a good Subject 3. Not to resist the Lawful and Royal Power of the King to raise Sedition or Insurrection against his Person or to set Division between the King and his good Subjects by Rebellion although commanding things against Conscience in the Exercise of Religion or against the Rights and Priviledges of the Subject but patiently for the same to undergo his Prince's Displeasure whether it be to his Imprisonment Confiscation of Goods Banishment or any other Punishment whatsoever without Murmuring Grudging or Reviling against his Soveraign or his Proceedings but submitting willingly and chearfully himself and his Cause to Almighty God is the only sign of an Obedient and Loyal Subject I come now to the Second Means to know the difference between a good Subject and a bad by their Obedience to the Laws Statutes and Ordinances made
such persons only excepted as be imployed here c. do hereafter make their personal Residence and not depart for England or other place without privity of Our Deputy any former Letters to the contrary notwithstanding And because We resolve to have this course constantly observed if you shall have notice of any Contemner of this Command Our Will and Pleasure is That you proceed against them in an exemplary way to deterr others And for so doing this shall be your Warrant From whence he inferred That this being required by the Law of the Land by the Request of the Irish according to the Lord Faulkland 's former Instructions and justified by the King's Letter he trusted it would not appear to their Lordships so great a Crime as at first it might seem That the Council concurred to the Proclamation that there was great reason of State for it in regard O Neal and Tir Connel having Regiments of the most ancient Irish Septs in the Service of the King of Spain if every one might withdraw at pleasure without giving an account it would open all the Power and Means to distemper that State and he feared it would produce sad Events in that Kingdom And here I cannot but admire the Prophetick Wisdom of this Great Man and States man so soon justified by the Event when upon this Liberty procured by the English Parliament in so few months after his Death that Horrid Rebellion and Massacre broke out which produced the most deplorable Events in the World But to proceed he shewed further That this Restraint was to prevent the going over of the Nobility and Gentry to be Educated at Doway and St. Omers and was for the Interest of the Protestant Religion As to my Lord of Esmond which appeared to be so foul a business he was stayed as being Major General of the Army and could not be spared but he was mistaken if shortly after he did not give him Licence and whereas my Lord of Esmond was said to have no Commission to Examine Witnesses some Evidence accidentally appearing his Lordship took notice of God's Providence and Goodness to assist him and for this purpose Mr. Riley was Examined who Deposed That my Lord of Esmond and Sir Pierce Crosby had a Commission to Examine Witnesses in the Case between them and the Earl of Strafford Mr. Ralton attested the same He further added That the Lord Esmond was stayed on a Complaint of Sir Walsingham Cook 's concerning a Practice against Sir Walsingham 's Life For the Lord Roche he was informed against in the Star-Chamber which he was willing to forget for that Gentleman's Honor the Complaint being of that Nature that he was not willing to press it As to Mac Carty the Decree was made by a Letter from His Majesty on a notable fraud of the Father in the Case of Sir James Craig and the Restraining Young Mac Carty was to prevent his going to Doway or St. Omers and that he that swears it is Solicitor in the Case and unfit for a Witness As to Mr. Parry the Reason appeared in the Sentence which attested by Mr. Gibson was Read as followeth WHereas Henry Parry The Sentence against Mr. Parry one of them who attended the Lord Chancellor as his Lordship's Register-keeper or Clerk for private Judicatures and Keeper of the Books of these Private Proceedings was Commanded to attend the Board to be Examined And whereas in Contempt thereof he not onely neglected to attend accordingly but departed this Kingdom which being represented to His Majesty it pleased His Majesty to require his return hither to attend this Board To which end a Bond was taken for his Appearance here the next Council-day after the 12th of Aug. And whereas he was present himself at this Board 9th of October 1638 but offered no Petition as if he disdained so far to humble himself to this Authority whereupon it being made known to him That it became him in the Duty he owed to the Dignity of this Board to come by Petition as all other Men but he forbearing to exhibit his Petition till he was called by us the Deputie to do it and then when he exhibited it he therein misrecited his Offence alleadging it to be for his repairing to England without Licence whereas his Offence was The disobeying the Orders of this Board Secondly He laid a Tax on William Ralton Esq Alleadging That on pretence of Direction from Secretary Cooke he took his Bond for Appearance here whereas he knew it was not by any feigned direction but by appointment of Secretary Cooke by His Majestie 's Direction Thirdly In stead of humbling himself he desired Cancelling of his Bond and Dismission from attendance and the rather because he conceived he had not in any degree transgressed the Proclamation cautelously alledging that to be his Offence which was not laid to his Charge And forasmuch as his first Offence in Esloyning himself to shun the guilt whereof he was convinced and after his bold and insolent behaviour at this Board in answering plainly That he conceived the Command of the Lord Chancellor ought to free him from the Command of this Board deserves such proceedings against him as may be both Punishment to him and Example to others It is therefore Ordered That he stand Fined in 500 l. bound to his Good Behaviour stand Committed to the Castle during the Deputy's Pleasure and make Acknowledgment of his Offence at this Board And the Form of his Submission is set down I Acknowledge I presented a Presumptuous and Untrue Petition c. Given 30 October 1638. The Names of those that Subscribed it were also Read The Lord Dillon was Examined about the Lord Esmond affirmed That it was suggested that he had set some persons on to cut off Sir Walsingham Cook which was confirmed by Sir Adam Loftus Lord Dillon and that the Witnesses not concurring my Lord Esmond was dismissed To which the Earl added That as soon as he was clear he had liberty to go into England And for the Fees for Licences Mr. Slingsby and Mr. Little attested That they had 20 s. of Privy Councellors and Officers of the Army of others 5 s but it was voluntary and many times none at all was paid He concluded That he hoped nothing hitherto shall convince him of Treason before their Lordships to whose Judgment he did with all humility submit To this Mr. Palmer replyed Mr. Palmer's reply That his Lordship had used a great deal of Wit and Art to colour his Actions and to induce the King to an allowance of them but his Acts of Injustice shew quo obtentu this Proposition was gotten that as it prevented Clamorous Complaints so it terrified those which were real lest they should be punished as clamorous That the 25 H. 6. though it gave leave to seize their Lands that departed without Licence yet restrained not their persons That as to the Petition for Residence of Vndertakers there was a great difference
hand and therefore in his own words take the following account of that Affair WHen the King had Dissolved the Parliament in April An account of Sir Henry Vanes Notes so fatal to the Earl of Strafford 1640. He committed the management of his greatest concernments to certain Lords of his Council who were called the Juncto At this Table Sir Henry Vane as Secretary of State was present and had taken some rude and imperfect Notes of such Speeches as those Lords had severally delivered to the King by way of Debate whether he Transcribed those Notes is uncertain yet his great care in keeping them makes it more then probable he designed to have something in readiness if an occasion should be offered that might turn to the Earl of Strafford's prejudice against whom he had a private hatred the Earl having obtained from the King the Title of Raby for his Barony which was the hereditary possession of Sir Henry Vane though by Gift from the King But this Grudge lay concealed lest the intended Revenge against the Earl should not take Effect in the proper season for if Sir Henry Vane's Malice had been professed the Earl of Strafford's Power would easily have disordered and disappointed all his opposite Attempts These Notes were therefore laid up in his Cabinet till he found the differences betwixt the King and his Subjects of Scotland to be in a fair way of composure and then he thought it the fittest time to discover those private Councils and engage the Lords and Commons when ever they met in Parliament to an irreconcilable hatred against him But his fears were great in owning himself as an Informer or Accuser lest he should lose the Place and Favour which he held in Court and be looked upon by the King as a Perjur'd Councellor a false and unworthy Servant Yet he thought it might prove unsafe and unsuccessful to imploy a Stranger in a business of so great Concernment to him he therefore resolves to improve his Malice and Subtilty by one whom nature had made his living Copy and he takes such a Course as might cast the blemish upon his Son yet gain the means of that Revenge which he designed He was then in a Treaty of Marriage for his Son with the Daughter of Sir Christopher Wray and being called upon to produce the chief Writings of his Estate he being then at his Country House in Kent gave his Son the Keys of his Cabinet at Whitehall and directed him to such a Drawer were he should find those Writings which were desired but no sooner had his Son opened the Cabinet and the Drawer according to his Fathers directions but he found a Paper with this Indorsment Notes taken at the Juncto This Paper either from his own Curiosity or his Fathers Direction he opens and reads and having a particular Acquaintance with Mr. Pym he repairs to him with great Expressions of a troubled Mind not knowing what way to steer himself betwixt the Discharge of his Duty to the Common-wealth and his faithfulness to his Father Mr. Pym endeavoured to answer his Scruples and having perused the Paper he found many Expressions of dangerous consequence he therefore took a Copy of those Notes for his own use but when the Parliament met he resolved to make use of them for the Service of the Publique and assured Mr. Vane that all tender care should be had of his Reputation and of his Fathers security and that his name should not be made use of as the Author of this Information unless it should appear to him to be of absolute necessity to avow the Discovery of it For these reasons the close Committee was desired preparatory Examinations were contrived that the truth of these Counsels and Advices delivered to the King by the Earl of Strafford might have been gained from the Confession of those Lords which were present at the Debates Upon this desire of the House of Commons the Lords declared that no Examination ought to be taken before the particular Charge against the Earl of Strafford were given in and that they understood the desire of the House of Commons in no other sence and therefore they Ordered That for that time and in that case all the Peers should be Examined upon Oath as Witnesses and that the Assistants should likewise be Examined upon Oath if it were required and that they would endeavour with their best care to have the business kept secret and that such of the House of Commons as should be made choice of might be present at the taking such Preparatory Examinations as should be desired by them for perfecting of the Charge against the Earl of Strafford Sir Henry Vane's Papers the 5th of May 1640. L. L. Ireland Sir Henry Vane's Notes taken at the Juncto No danger in undertaking the War whether the Scots are to be reduced or not To reduce them by force as the State of this Kingdom stands If his Majesty had not declared himself so soon he would have declared himself for no War with Scotland They would have given him plentifully The City to be called immediately and quickned to lend One Hundred Thousand Pounds The Shipping Money to be put vigorously upon Collection those two ways will furnish his Majesty plentifully to go on with Arms and War against Scotland The manner of the War Stopping of the Trade of Scotland no prejudice to the Trade free with England for Cattel A Defensive War totally against it Offensive War into the Kingdom His Opinion few Months will make an end of the War do you invade them L. Arch. Lord Archbishop If no more Money then proposed how then to make an Offensive War a dissiculty Whether to do nothing and let them alone or to go on with a vigorous War L. L. Ireland Go vigorously on or let them alone no Defensive War loss of Honour or Reputation the quiet of England will hold out long you will languish as between Saul and David Go on with an Offensive War as you first designed loosed and absolved from all Rules of Government Being reduced to extreme necessity every thing is to be done as power will admit and that you are to do They refused you are acquitted toward God and Man You have an Army in Ireland you may imploy here to reduce this Kingdom Confident as any thing under Heaven Scotland will not hold out Five Months one Summer well imployed will do it venture all I had I would carry it or lose it Whether a Defensive War as impossible as an Offensive War or whether to let them alone L. Arch. Tryed all ways and refused all ways By the law of God you should have subsistence and ought to have and lawful to take it L. Cott. Lord. Cott. Leagues abroad they make and will and therefore the defence of this Kingdom The Lower House are weary both of King and Church month May 1641. It always hath been just to raise Moneys by this unavoidable
hear my Lord Orrery's Account of it in his forementioned Book p. 10 11. where he saith E. of Orrery's Answer to Peter Walsh The Wisest of Men thought the Irish Papists fastned to his Majestie in the Year 1641 by the best of Governments and to the English Protestants by the strictest ties of Interest Friendship Marriage and which is more in their Esteem Gossipping and Fostering to the Publique Peace by their as flourishing so free Condition and to all by those Royal Graces which his Sacred Majesty at that time indulged their Commissioners such as themselves desired 't was but then ask and have Yet all this Honey was turned into Gall for at that very time wherein the King was Exercising such high Acts of Grace to them the Irish Papists plotted and soon after perpetrated the Worst of Rebellion the Worst Extensivè Exulcerating generally and Intensivè breaking forth with more Persidie Barbarism and Cruelty than can be parallel'd in any History The great motive at least in pretence was Religion For whereas Dr. Borlase in his Preface saith It is Evident they never had so free Exercise of their Religion as when the Rebellion began It is Evident that he is mistaken even by the Testimony of the Person of whose Book he saith p. 7th of his Hist Sir John Temple Irish Reb. P. 26.27 in the Margin It was a Piece of that Integrity few can Equal none Exceed who could have informed him that this free Exercise of Religion was only clancular and in private But they evidently saw that the Calumnies cast upon the late King as a Favourer of Popery was one of the principal Engines by which the Factious part of the Parliament of England alienated the affections of all his Majesties English and Scotch Protestant Subjects from him besides the Severities which the Parliament provoked the King upon his peril to inflict upon the Papists in England and Scotland was made Use of by the Popish Clergy to drive them into a Rebellion by insinuating That if the Parliament could bring the King under their Government there was nothing to be Expected but the total suppression of their Religion and the Eradication of their Nation In confirmation whereof it was confidently averr'd to them That a * Sir John Clotworthy Member of Parliament concern'd in Ireland did in the House of Commons declare in a Speech That the Conversion of the Papists in Ireland was only to be Effected by the Bible in one hand and the Sword in the other And I have been told by a Person of Honour and Worth that Mr. Pym gave out That they would not leave a Priest in Ireland Nor could their Committees who were here be ignorant of these Passages or being many of them Papists not communicate it to the Irish Papists Another Encouragement to this Rebellion was the Example of Scotland as appears plainly by Connelly's Deposition who was told by Mac-Mahon that they did this to imitate Scotland who got a Priviledg by that Course And the Confession of the Lord Mac-guire which the Reader shall presently see does not obscurely hint That the Earl of Argyle the Head of the Covenanting Rebellious Scotch Presbyterians was under-hand working the Irish into some Conspiracy against the King probably that his hands being full they might procure better Terms for themselves and divert the Storm of the English Arms which then were impending upon them Nor was the taking off the Earl of Strafford that Great Wise and Valiant Man a little contributing to this Irish Tragedy for besides that it is visible that the Irish Committees who were many of them Papists were highly instrumental in furnishing the English Parliament with matters of Complaint and Accusation against that Noble Lord for which they were mightily at that time thô known Papists caressed by the Earl's Enemies in the Commons House so it is no less Visible that this Design of theirs though it had been long contriving advanced more in half a Year after his Vigilant Eye was taken off their Actions and his Hand from the Reins of the Government then it had in all the time before as will plainly appear by Mac-guire's Confession And in Confirmation of this I think it a Debt due to the Illustrious Memory of that Great Man the Earl of Strafford whom I cannot name without and Pity Wonder to insert part of a Letter of his to his Dear and Intimate Friend Mr. Wandesford then Master of the Rolls and one of the Lords Justices in 1636 wherein he acquaints him with the account which he had given in to the King and Council of the state of Affairs in Ireland which he doth in these Words I Informed them That the Army was well Clad reasonably well Armed The State of the Army in the Earl of Strafford's Time 1636. but should be better well Exercised and well Paid which they had never been before That I had visited the whole Army seen every single man my self as well in his own person as in his Exercising where other Generals that had continued that Charge longer then my self had not taken a view so much as of one Company that in the Removes and Marches of the Army they pay'd justly for what they took and passed along with Civility and Modesty as other Subjects without Burden to the Country through which they went whereas formerly they took the Victuals and paid nothing for it as if it had been in an Enemies Country whence it was that the Soldier was now welcom in every place where before they were in abomination to the Inhabitants That by this means the Army in true account might be said to be double the Strength as it had been That this was so apprehended by the ill-disposed as there is neither Courage nor Hope left for opposition the good Subjects secured the bad kept in humility and fear by it That they were worthy of the Kings Entertainment and when they shall be seen will appear with a Company of gallant Gentlemen their Officers fit to serve a Great and Wise King whereas not much of this before but rather quite the Contrary That for my self I had a dead Stock in Horses Furniture and Arms for my Troop that stood me in 6000 l that so I was in readiness upon an hours warning to march nor did I this out of Vanity but really in regard I did conceive it became me not to represent so great a Monarch as his Majesty meanly in the sight of that People and that it was of mighty Reputation to the Service of the Crown when they saw me in such a Posture that I was upon an hours Warning able to put my self on Horseback and that the Soldiers should see I would not Exact so much duty from any private Captain as I did impose upon my self being their General Lastly it was my humble Advice That the Army as of absolute Necessity to the Government was rather to be reinforced then at all diminished as being an
and the Statute of 20 E. 3. 3. To the Third they say That it is part of their said Oath as Judges that they shall not Counsel or assent to any thing that may turn to the damage or disherison of our Soveraign Lord the Kings most Excellent Majesty by any manner of way or colour And that they give no Advice or Counsel to any man great or small in no Case wherein the King is a Party And that they shall do and procure the Profit of the King and his Crown in all Things where they may reasonably do the same And that in the Explanation of their said Oaths by the Statute of 20 E. 3. c. 1. It is declared That they shall give no Counsel to great Men nor small in case where the King is Party or which doth or may touch the King in any point And as your Lordships have been honourably pleased by an Order of this Honourable House bearing date the first of March Anno Domini 1640. Annoque Regni Regis Caroli 16. to give way That they should not be Compelled to Answer any part of the said Questions which did concern his Majesties Prerogative or were against their Oaths so they humbly represent unto your Lordships That they conceive that the Answering of the Particulars of this Question doth concern both for that the King 's Privy Council as the Questions terms it or Council Board is a Court of his Majesties high Prerogative where all Proceedings are before him and his Council or before his Governor who immediately to many Purposes represent his Majesties Person and the Council And where the great Affairs of State concerning his Majesties Honor Government Profit and of great Persons and Causes concerning the Common-Wealth which may not be conveniently remedied by the ordinary Rules of the Common-Law and many other Cases have been Treated of and managed And as his Majesty is the Fountain of all Justice within this Kingdom and may grant Cognizances of Pleas unto his Subjects and Corporations and may by his Commissions Authorize whom he shall think fit to Execute many Branches of his Authority so We humbly conceive That it doth not stand with our Oathes or Duties of our Places who are but Judges of the ordinary Courts of Justice before his Majesties Pleasure signified in that behalf to seek into the Commissions or Instructions of the Chief Governor and Council or to give any Opinion concerning the Limits Jurisdictions Orders Decrees Proceedings or Members of that High Court And that the King hath a Prerogative for hearing some of the Matters in this Question specified before his Chief Governor We beseech your Lordships to cast your Eyes on the Statute of 28 H. 6. c. 2. in this Kingdom where after Matters are directed to be sent to the Ordinary Courts yet the King's Prerogative is expresly saved notwithstanding all which his Gracious Majesty for whom it is most proper hath of late been pleased to Limit the Proceedings of that Board by his Instructions in Print 4. To the fourth they Answer as to the Third 5. To the fifth they say That generally all Grants of Monopolies whereby Trading Manufacture or Commerce is restrained and the Profit which should go to many is hindred and brought into a few Hands are against Law and the Liberty of the Subject and the Good of the Commonwealth tho they carry never so fair a pretence of Reforming Abuses And that the pretended Transgressors against such Grants are not at all punishable by any Rule of Law that they know of And yet they say That they conceive That his Majesty that is the Head and Father of the Commonwealth may restrain the Use and Importation and Exportation of certain Commodities or restrain the same into a few Hands for a time where there may be a likelyhood of his Majesties Profit which is the profit of the Commonwealth and no apparent prejudice to the Commonwealth doth appear And that when time shall discover such Prejudice then such Restraint ought to Cease So if a man by his own Invention at home or Travel Observation or Charge abroad doth introduce a new profitable or useful Trade or Profession into the Commonwealth in such Cases his Majesty may lawfully Grant and License the only making of such Commodity or teaching or using of such Trade for a certain time and the Transgressors against such Warrantable Grants may be punished by paying of Damages unto the Patentee in an ordinary Course of Justice or otherwise as the nature of the Offence and Matter doth deserve and as the Consequence and Importance of the matter may be to the King State or Commonwealth And they say That the Matter Manner Restrictions Limitations Reservations and other Clauses contained in such Grants or Licenses and the Commissions or Proclamations thereupon and undue Execution thereof and several Circumstances may make the same Lawful or Unlawful whereof they are not able to give any Certain Resolution before some Particular comes in Judgment before them neither are they otherwise able to answer the Generals in the Particulars of the said Question Of what in what Cases how where and by whom or which of them wherein whosoever desires further satisfaction he may please to have Recourse to the known Cases of Monopolies in printed Authorities and written Records and unto the Statute of 21 Jac. in Engl. concerning Monopolies and their several Exceptions and Limitations therein 6. To the Sixth they say They can no otherwise answer then they have already in their Answer to the Third Question for the Reasons therein set forth 7. To the Seventh they say That a Proclamation or Act of State cannot alter the Common Law and that Proclamations are Acts of his Majesties Prerogative and are and always have been of great use and that the Contemners of such of them as are not against the Law are and by the constant Practise of the Star-Chamber in England have been punished according to the Nature of the Contempt and Course of the said Court And although Acts of State are not of Force to bind the Goods Possessions and Inheritance of the Subject yet they have been of great use for setling of the Estates of very many Subjects in this Kingdom as may appear in the Report of the Case of Irish Gavil-Kind in Print And further to that Question they cannot Answer for the Reasons in their Answer unto the third Question set forth 8. To the Eighth they say That they know no ordinary Rule of Law by the which the Subjects of this Kingdom are made Subject to Martial Law in time of Peace and that they find the use thereof in the time of Peace in England complained of in the Petition of Right exhibited unto his Majesty in the third year of his Reign and that they conceive That the Granting of Authority and Commission for execution thereof is derived out of his Majesties Regal and Prerogative Power for suppressing of sudden and great Insolencies Insurrections among
Majesty's said Letters or the said Act of State and not otherwise The Commons not being satisfied with these Sober and Calm Resolutions of the Judges fell to Voting their own Sense and to make Declarations of the Law upon their former Queries as followeth Questions propounded in Parliament And Declarations of the Law thereupon in Parliament Quest 1. The Declaration of the Commons in Ireland upon the Queries propounded to the Judges WHether the Subjects of this Kingdom be a Free People and to be Governed only by the Common Laws of England and Statutes of Force in this Kingdom Declarat The Subjects of this his Majesties Kingdom of Ireland are a free People and to be Governed only according the Common Law of England and Statutes made and established by Parliament in this Kingdom of Ireland and according to the Lawful Customs used in the same 2. Quest Whether the Judges of this Land do take the Oath of Judges And if so Whether under pretext of any Act of State Proclamation Writ Letter or Direction under the Seal or Privy Seal Signet or Letter or other Commandment from the Lord Lieutenant Lord Deputy Justice Justices or other Chief Governor or Governors of this Kingdom they may hinder stay or delay the Suit of any Subject or his Judgment or Execution thereupon If so in what Cases And whether if they do hinder stay or delay such Suit or Judgment or Execution thereupon what Punishment do they incur for their deviation and transgression therein Declarat That Judges in Ireland ought to take the Oath of the Justices or Judges declared and established in several Parliaments of Force in this Kingdom and the said Judges or any of them by Color or under Pretext of any Act of State or Proclamation or under Color or Protext of any Writ Letter or Direction under the Great Seal Privy Seal or Privy Signet from the King 's Most Excellent Majesty or by Color or Pretext of any Letter or Commandment from the Chief Governor or Governors of this Kingdom ought not to hinder or delay the Suit of any Subject or his Judgment or Execution thereupon and if any Letters Writs or Commands come from his Majesty or from any other or for any other Cause to the Justices or to the other deputed to do the Law and right according to the Usage of the Realm in disturbance of the Law or of the Execution of the same or of Right to the Party the Justices and others aforesaid ought to proceed and hold their Courts and Processes where the Pleas and Matters be depending before them as if no such Letters Writs or Commandments were come to them And in case any Judge or Judges Justice or Justices be found in default therein he or they so found in default ought to incur and undergo due Punishment according to the Law and former Declarations and Provisions in Parliament in that Case made and of Force in this Kingdom or as shall be Ordered Adjudged or Declared in Parliament And the Barons of the Exchequer Justices of the Assize and Goal-delivery if they be found in default as aforesaid It is hereby declared That they ought to undergo the Punishment aforesaid 3. Quest Whether the Kings Majesties Privy Council either with the Chief Governor or Governors of this Kingdom or without him or them be a Place of Judicature by the Commons Laws and wherein Causes between Party and Party for Debts Trespasses Accompts Possessions or Title of Lands or any of them or which of them may be heard and determined and of what Civil Causes they have Jurisdiction and by what Law And of what Force is their Order or Decree in such Cases or any of them Declarat The Council Table of this Realm either with the Chief Governor or Governors or without the Chief Governor or Governors is no Judicatory wherein any Action Real Personal Popular or Mixt or any Suit in the Nature of the said Actions or any of them can or ought to be Commenced Heard or Determined and all Proceedings at the Council Table in any Suit in the nature of any of the said Actions are void especially Causes particularly provided for by express Acts of Parliament of Force in this Kingdom only excepted 4. Quest The Like of the Chief Governor alone Declarat The Proceedings before the Chief Governor or Governors alone in any Action Real Personal Popular or Mixt or in any Suit in the Nature of any of the said Actions are Coram non Judice and void 5. Quest Whether Grants of Monopolies be warranted by the Law and of what and in what Cases and how and where and by whom are the pretended Transgressors against such Grants punishable and whether by Fine Mutilation of Members Imprisonment Loss and Forfeiture of Goods or otherwise and which of them Declarat All Grants of Monopolies are contrary to the Laws of this Realm and therefore void and no Subject of the said Realm ought to be Fined Imprisoned or otherwise Punished for exercising or using the Lawful Liberty of a Subject contrary to such Grants 6. Quest In what Cases the Lord Lieutenant Lord Deputy or other Chief Governor or Governors of this Kingdom and Council may punish by Fine Imprisonment Mutilation of Members Pillory or otherwise And whether they may Sentence any to such the same or the like punishment for infringing the Commands of or concerning any Proclamation of and concerning Monopolies and what punishment do they incur that Vote for the same Declarat The Lord Lieutenant Lord Deputy or other Chief Governor or Governors and Council of this Realm or any of them ought not to imprison any of his Majesties Subjects but only in Cases where the Common Laws or Statutes of the Realm do inable and warrant them so to do and they ought not to Fine or to Consure any Subject in mutilation of Member standing on the Pillory or other shameful Punishment in any Case at the Council Table and no Subject ought to be Imprisoned Fined or otherwise Punished for Infringing any Commands or Proclamation for the support or Countenance of Monopolies and if in any Case any Person or Persons shall be committed by the Command or Warrant of the Chief Governor or Governors and Privy Council of this Realm or any of them That in every such Case every Person or Persons so Committed restrained of his or their Liberty or suffering Imprisonment upon Demand or Motion made by his or their Counsel or other imployed by him or them for that purpose unto the Judges of the Court of Kings-Bench or Common-Pleas in open Court shall without delay upon any Pretence whatsoever for the ordinary Fees usually paid for the same have forthwith granted unto him or them a Writ or Writs of Habeas Corpus to be directed generally unto all and every Sheriff Goaler Minister Officer or other Person in whose Custody the Party or Parties so Committed or Restrained shall be shall at the Return of the said Writ or Writs and
the Earl of Leicester Lord Lieutenant of Ireland making some scruple of raising Men to be imployed in the busness of Ireland without the King's Commission and his Lordship desiring to have the Authority of the Parliament for the same in the mean time It is thought fit and so Ordered by the Lords in Parliament according to the Power given unto them by His Majesty mentioned in an Order dated the sixth of November 1641. That the said Lord Lieutenant shall have full power by virtue of this Order to Levy Men according to the Order given him from the Parliament in the interim until His Majesty shall grant him a Commission under the Great Seal of England for his Warrant for so doing The House of Commons did also take notice of the Doubt of the Earl but notwithstanding did resolve and think fit that he should proceed to raise men for the Service by Virtue of the Ordinance of Parliament It was also Ordered by the Lords and Commons A Council of War for the Affairs of Ireland That the Lord Viscount Wilmot Sir John Conyers Sir Jacob Ashly Sir Simon Harcourt Sir John Heyden Sir Foulk Hunks Sir Thomas Glemham Sir Robert King Colonel Culpeper Colonel Vavasor Lieutenant Colonel Ballard and Captain Skippon shall be Assistants as a Council of War to the Committees of both Houses of Parliament appointed for the Affairs of Ireland and have full Power by virtue of this Order to meet and consider of the present state and condition of the said Kingdom and also of an Establishment for the Army Lords agree with the Commons to put the Laws against the Papists in Execution speedily The Lords then entred upon the Consideration of the Proposition sent from the Commons concerning securing the Persons of Popish Recusants and after a long Debate the Result was this That whereas the House of Commons desired that the persons of the Romish Recusants for the safety of the Kingdom might be secured this House doth consent with them therein and Orders That the Laws of this Kingdom shall be put into Execution against them presently Upon the desire of the Commons by Mr. Pym Letters from France and Antworp stopped it was Ordered by the Lords That the Foreign Letters from France and Antwerp be stopped and perused by the Lords Committees for opening Letters there being as Mr. Pym said ground and intelligence that those Letters will discover some Root of the Rebellion in Ireland The Declaration of the State of the Kingdom was also this day read and it was moved that a Consideration of these particulars might be added and which is very uncommon I find in the Margin of the Journal the Names of the Persons which made the several Motions which in regard it is to be supposed they did it in futuram rei Memoriam that Posterity might not hereafter be to seek for their Names I will take care to transmit them down to future Ages but whether they will have Statutes Erected for the Achievement I cannot promise unless it be of Infamy Moved That the last Expedition into Germany J. C. but whether Corbet or Clotworthy I cannot tell The Loans upon Privy Seals The Commission of Excise might be added The Additional Explanation to the Petition of Right Palmer I suppose The Declaration set forth upon the Breach of both Parliaments Strode The Proclamation set forth Wingate forbidding People so much as to talk of a Parliament Gun-Powder Monopoly J. C. as it was a Project for the disarming of the Kingdom The destruction of Timber Wildt especially in the Forrest of Dean by Recusants The Entituling the King to the Lands between High-Water J. C. and Low-Water mark The abuses of Purveyors and Salt-Petre men Whitlock The Commission of Sewers to be further Explained Cromwel The Court of Wards Smyth The Jurisdiction of the Council of the Marches The Council Table as they take Cognizance of Me Te. The Buying and Selling of Honours and Dignities The further Debate ordered to be resumed to Morrow The Lord Keeper Reported the Conference with the Commons Yesterday That Mr. Pym delivered by Command divers Heads agreed upon by the Commons Wednesday Novem. 10. which are Instructions to be sent to the Commissioners of both Houses now attending his Majesty in Scotland which they desire their Lordships to joyn with them in The Instructions were read in haec verba 1. YOu shall humbly inform his Majesty Instructions to the Commissioners in Scotland Nov. 10th 1641. That the Propositions made to the Parliament of Scotland concerning their Assistance for suppressing the Rebellion in Ireland hath been fully considered and debated by both Houses of Parliament here and their Wise and Brotherly Expressions and Proceedings are apprehended and Entertained here by us not only with Approbation but with Thankfulness Wherefore we desire that his Majesty will be pleased That You in the Name of the Lords and Commons of England give publick Thanks to the States of the Parliament of Scotland for their Care and Readiness to imploy the Forces of that Kingdom for the reducing the Rebellious Subjects of Ireland to their due Obedience to his Majesty and the Crown of England 2. You shall further make known to his Majesty That in the great and almost Vniversal Revolt of the Natives of Ireland cherished and fomented as we have Cause to doubt by the Secret Practices and Encouragements of some Forreign States ill-affected to the Crown and that the Northern Parts of that Kingdom may with much more Ease and Speed be supplied from Scotland than from England We humbly desire and beseech his Majesty to make Vse of the Assistance of his Parliament and Subjects of Scotland for the present Relief of those Parts of Ireland which lie nearest to them according to the Treaty agreed upon and confirmed in both Parliaments and this Affectionate und Friendly Disposition now lately Expressed as is more particularly specified in the 5th Article 3. You shall present to His Majesty the Copy Enclosed of the Declaration which We have sent into Ireland for the Encouragement of his good Subjects there and for the more speedy and Effectual opposing of the Rebels and in Execution and performance of our Expressions therein made of Zeal and Faithfulness to his Majesties Service We have already taken Care for 50000 l. to be presently Borrowed and Secured by Parliament We have likewise resolved to hasten the Earl of Leicester Lord Lieutenant of Ireland very speedily to repair thither and forthwith to raise a Convenient number of Horse and Foot for securing Dublin and the English Pale with such other Parts as remain in his Majesties subjection intending to second them with a far greater Supply 4. We have further Ordered and Directed That his Majesties Arms and Munition lying in the City of Carlisle shall be Transported into the North Parts of Ireland for the supply of Carrick-fergus and other his Majesties Forts and
all times not only having made the large Prerogatives and Liberties the very same as I may say with the Possession of their Dominions and amongst the most remarkable and equally necessary that Privilege by which we may receive Letters and send from each Prince or any Person whatsoever without Interruption which is the most principal Office of an Ambassador Which Practice Most Noble Lords is not the Laws of our Nation alone but Vniversal and hath been maintained inviolate by the Kings and the Publick of all Christian Governments no less than amongst the most Barbarous I nevertheless cannot say but I have injoyed in this great Court that just Respect until the last Letters were opened which came from France to me Directed which although they were restored by my Lord Fielding and Sir Henry Vane who upon their Honor assured me that it was a pure Error and not willingly committed which though I do believe yet I could not perswade my self that the Government of England so Noble and Generous should have so inferior a Mind as to open the Letters of an Ambassador and by this means to Violate the Laws and to give an ill Example to the World of so little Respect towards the Ministers of the most Serene Republick of Venice which for so many Ages hath given a Sincere Testimony of Affection and Esteem to this Crown But now fresh Experience to my great Affliction hath given Testimony of the contrary being yesterday all the Letters were opened coming from Venice Antwerp and other Countries and the very Letters writ unto me from the most Serene Republick and the Regal Seal being broken and the Commission sent from my Lords being published and many of my own Letters being taken the Consequences of which cannot be approved of by any I have judged it convenient to give Notice unto your Excellencies by which according to the greatness of your Wisdoms you may take it into Consideration and take such Resolutions therein as you shall judge necessary for maintaining the Honor of this Nation and the Publick Faith under the Protection of which Ambassadors live so that it may be known to all Princes that in England they do not introduce New Laws but that they will maintain the constant Profession of rendring the ancient Respects which are due to the most Serene Republick of Venice Whereupon the House thought it fit and agreed That Satisfaction for this shall be given to the State of Venice and to the Ambassador for the present and the House appointed the E. of Bristol E. of Holland Viscount Say and Seal L. Digby and the L. Newnham to draw up presently what was fit to be given by Way of Answer to the Venetian Ambassador Their Lordships presented a Draught to the House which was read in these Words viz. That four Members of the House of Peers The Answer of the House of Lords to the Venetian Ambassadors Memorial be forthwith sent to the Ambassador's to disavow the Action and to endeavor to give him all the Satisfaction possible by declaring how sensible they are of it as tending to the Breach of Publick Faith and the Law of Nations and to shew further how desirous they are to continue the ancient Correspondency betwixt the King and that State and that the House of Peers are resolved to be humble Suitors to his Majesty to hasten the departure of his Ambassador to make known to that State the same Sense with such other Expressions as may best declare the tender Respect they have to the Honor of that State and the Noble Vsage their Ministers may expect and shall find in their Residence here from the King and Parliament And the Lord Privy Seal L. G. Chamberlain L. M. of Hertford and the L. Newnham were appointed to deliver this Answer to the Venetian Ambassador After this the 13 Bishops which stand Impeached in this House from the House of Commons for Crimes in making the late Canons and Constitutions and granting a Benevolence unto the King being by Order of the House to put in their Answers to the said Impeachment were required by the Speaker in the Name of this House to put in their Answers Their Impeachment brought up from the House of Commons was read and then the Council Assigned the Bishops were called in The Bishops put in their Answer by Plea and Demurrer and demanded to give in the Answers of the Bishops they Answered they had delivered in the said Answer to the Lords the Bishops The Bishop of Winton hereupon delivered his Answer with the rest of the Impeached Bishops in Writing subscribed with all their Hands excepting the Lord Bishop of Glocester who delivered in his by himself by Word of Mouth and pleaded not Guilty Modo Formâ as is charged in the Impeachment Then the Answer of the Bishops was read which consisted of a Plea and Demurrer The Council being commanded to withdraw the House took it into Consideration and resolved to communicate it to the House of Commons which was done accordingly the Message being sent by Serjeant Whitfield and Serjeant Glanvile The House of Commons fell upon the Debate of the Irish Affairs and came thereupon to these Votes Resolved upon the Question That this House holds it fit That forthwith so many Officers be sent over into the North Parts of Ireland as shall be sufficient to Command 2000 Men. Resolved c. That so many Officers shall be sent into the Province of Munster in Ireland as shall Command a Thousand Foot and a Troop of Horse Resolved c. That it be propounded to the Lords That Order be taken for the securing the several Forts of Ireland viz. of Cork Waterford Limrick Kingsale Youghall Galloway and Baltimore The House was then Resolved into a Grand Committee of the whole House to consider of some Course for providing Present Money for the Service of Ireland and Mr. Hyde reported the Debate Whereupon it was Resolved upon the Question That 200000 l. shall be raised for the Suppressing of the Rebels in Ireland 200000 l. Voted to suppress the Rebels in Ireland for Security of this Kingdom and for payment of Debts Then Mr. Pym Reported from the Committee for Irish Affairs 1. That he was Commanded to present a State of the Army what charge it will be to the Common-Wealth to maintain such Men as will be necessary for the Defence of Ireland Those Gentlemen that are appointed as a Council of War to prepare things for this House have proportioned the Charge in a middle way between 1618 and 1639. That the Pay of a Regiment of 1000 Men The Charge of a Regiment of Horse and Foot with the Field Officers together with the Officers amounts unto 19201 l. per Annum for one Regiment of 600 Horse 37310 l. per Ann. For the general Officers of the Field 19541 l. 8 s. 2 d. per Annum Resolved c. That this House shall insist upon their former Vote of accepting at
hearty and kind Affections to my People in general and to this City in particular as can be desired by loving Subjects The first I shall express by governing you all according to the Laws of this Kingdom and in maintaining and protecting the true Protestant Religion according as it hath been Established in my two famous Predecessors times Queen Elizabeth and My Father * * Too Prophetically spoken and this I will do if need be to the hazzard of My life and all that is dear unto Me. As for the City in Particular I shall study by all means their prosperity And I assure you I will singly grant those few reasonable demands you have now made unto me in the Name of the City and likewise I shall study to re-establish that flourishing Trade which now is in some disorder amongst you which I doubt not to effect with the good assistance of the Parliament One thing I have thought of as a particular Affection to you which is to give back unto you freely that part of London-Derry which heretofore was Evicted from you This I confess as that Kingdom is now is no great Gift but I hope first to recover it and then to give it to you whole and intirely And for the Legal part of this I command you Mr. Recorder to wait upon me to see it punctually performed I will end as I began to desire you Mr. Recorder to give all the City thanks in better Expressions than I can make Though I must tell you it will be far short of that real contentment I find in my heart for this real and seasonable Demonstration of their Affections to me Sir Richard Gurney the L. Mayor and the Recorder Knighted His Majesty having ended this gracious Speech was pleased to confer the honour of Knighthood upon the Lord Mayor and Mr. Recorder with the City Sword and both their Majesties gave them as also the Aldermen City Council and Officers the honour of kissing their Royal hands This Ceremony being over His Majesty and the Prince alighted out of the Coach and took their Horses the Queen Duke of York Princess Mary Prince Elector and the Dutchess of Richmond still remaining in their Coaches In the mean time by the care and pains of the two Captains of the Companies and of the three Marshals that were appointed for this days Service the 500 Horse-men of the Liveries and their Attendants were brought in Order and the Command being given faced about in order to the conducting of their Majesties into London which brave appearance gave great satisfaction to His Majesty and the rest of that Illustrious Company The whole Cavalcade was Marshalled in this Order The City Marshall The Sheriffs Trumpeters The Sheriffs Men. Messengers of the Chamber Citizens in their Velvet Coats and Chains The City Councel and Officers The Aldermen The Princes Trumpeters The King's Trumpeters Gentlemen of the Privy Chamber Knight Marshal Pursivants at Arms. The Lord Chief Justice of the Common-Pleas being a Knight of the Privy Council Barons Lord Goring Lord Coventry Lord Fielding Lord Digby Lord Moubray Viscount Conway Heralds Earls Earl Rivers Earl of Bath Earl of Cumberland Earl of Essex L. Chamberlain of the King's House Duke of Richmond Clarencieux and Norroy Lord Keeper Lord Privy Seal Sergeants at Arms among whom one for the City Quirries and Foot-men The Prince's Highness Quirries and Foot-men Garter The Lord Mayor carrying the Cities Sword by His Majesties special appointment as a grace and favour at this time A Gentleman-Usher daily waiting Lord Great Chamberlain Marquess of Hertford bearing the Sword of State Earl Marshal The King's Majesty The Queens Majesty in her Coach richly Embroydered and with her the Duke of York the Princess Mary and the Prince Elector Marquess Hamilton Master of the Horse leading the Horse of State The Earl of Salisbury Captain of the Pensioners The Gentlemen Pensioners with their Pollaxes all mounted with Pistols at their Saddles The Earl of Holland Lord General beyond Trent and after him Viscount Grandison with many other principal Commanders in the late Northern Expedition After them divers Ladies and other Persons of Great Quality The Yeomen of the Guard In this Order they marched towards London and entred the City at Moor-gate where their Majesties were welcomed with a noise of Trumpets appointed to attend there to that purpose from which place to Bishops-gate and so through Corn-hill to St. Laurence Lane's End in Cheap-side the Companies in their Liveries stood on the left hand as their Majesties passed by the Rails of the Standings being covered with Blew Cloth and the Standings themselves being richly adorned with Banners Ensigns and Pendants of the Arms of each Company respectively Nine Companies of the Twelve standing in the Morning the Lord Mayor's Company beginning against St. Laurence Lane's End and the other Eight in their Order towards Bishops-gate the rest of the way to Moorgate being supplied by some of the inferiour Companies the outsides of the Houses all the Way their Majesties passed being adorned with rich Tapestries On the North side of the Street four Foot distant from the Houses were Rails placed to regulate and keep the People in good Order from Bishops-gate to Corn-hill and so to Temple-Bar at the beginning of which Rails viz. at Bishopsgate by the direction of the 2 Captains and 3 Marshals the first Horse-men of the Liveries began to make a Stand the first Rank of them placing themselves single faced to the Liveries that were in the Standings and the rest passing along placed themselves in the same Order The Trumpets and Pendants of each Company standing in the Front and then the Companies themselves the youngest being next to the Pendant and so upwards by Seniority to the Master of the Company who took his place last Then began the Pendant and Youngest of the next Company to make their Stand and so in Order till they came to St. Laurence Lane's End there being five Foot distance from one Horse to another in which space stood each Horse-man's Foot-man with a Truncheon in his hand so making a Guard for their Majesties and the rest of the Train to pass through And it fell out that most of the Companies of Horse were placed right against their own Companies in the Standings The People that were Spectators in the Streets were bestowed part behind the Horse and part behind the Liveries and by this good Order their Majesties and the whole Train passed quietly and without the least interruption Their Majesties coming along Corn-hill seven Trumpets that were in the Clock-house of the Royal Exchange gave their second welcom into the City and as they passed along the Conduit in Corn-hill and the great Conduit in Cheapside ran with Claret Wine to express the Liberality of the City for that Joyful Day And all the Way as their Majesties passed along the Streets resounded again with the Loud and Joyful Acclamations of the People crying God bless and long
then a Peer of the said Realm to Imprison him unless he would surcease his suit and said That he would have neither Law nor Lawyers dispute or question any of his orders And the 20. day of March in the said 11. year the said Earl of Strafford speaking of an order of the said Councel Table of that Realm in the time of King James which concerned a Lease which the said Earl of Cork claimed in certain Rectories or Tithes which the said Earl of Cork alledged to be of no force said That he would make the said Earl and all Ireland know so long as he had the Government there any Act of State there made or to be made should be as binding to the Subjects of that Kingdome as an Act of Parliament And did question the said Earl of Corke in the Castle Chamber upon pretence of the breach of the said order of Councel Table and did sundry other times and upon sundry other occasions by his words and speeches arrogate to himself a power above the fundamental Laws and Established Government of that Kingdom and scorned the said Laws and established Government 5 That according to such his Declarations and Speeches the said Earl of Strafford did use and exercise a power above and against and to the Subversion of the said fundamental Laws and established Government of the said Realm of Ireland extending such his power to the Goods Free-holds Inheritances Liberties and Lives of his Majesties Subjects in the said Realm viz. The said Earl of Strafford the twtefth day of December Anno Domini 1635. in the time of full peace did in the said Realm of Ireland give and procure to be given against the Lord Mount Norris then and yet a Peer of Ireland and then Vice-Treasurer and receiver general of the Realm of Ireland and one of the principal Secretaries of State and Keeper of the Privy Signet of the said Kingdom a Sentence of death by a Councel of War called together by the said Earl of Strafford without any Warrant or Authority of Law or offence deserving any such punishment And he the said Earl did also at Dublin within the said Realm of Ireland in the Month of March in the fourteenth year of his Majesties Reign without any legal or due proceedings or Tryal give or cause to be given a Sentence of death against one other of his Majesties Subjects whose name is yet unknown and caused him to be put to death in execution of the said Sentence 6 That the said Earl of Strafford without any legal proceedings and upon a paper Petition of Richard Rolstone did cause the said Lord Mount-Norris to be disseized and put out of possession of his free-hold and inheritance of his Mannor and Tymore in the Countrey of Armagh in the Kingdom of Ireland the said Lord Mount-Norris having been two years before in quiet possession thereof 7. That the said Earl of Strafford in the Term of holy Trinity in the thirteenth year of his now Majesties Reign did cause a case commonly called the case of Tenures upon defective Titles to be made and drawn up without any Jury or Trial or other legal process and without the consent of parties and did then procure the Judges of the said Realm of Ireland to deliver their opinions and resolutions to that case and by colour of such opinion did without any legal proceeding cause Thomas Lord Dillon a Peer of the said Realm of Ireland to be put out of possession of divers Lands and Tenements being his Free-hold in the Countrey of Mago and Rosecomen in the said Kingdome and divers other of his Majesties Subjects to be also put out of Possession and Disseised of their Freehold by colour of the same resolution without legal proceedings whereby many hundreds of his Majesties Subjects were undone and their Families utterly ruinated 8. That the said Earl of Strafford upon a Petition of Sir John Gifford Knight the first day of February in the said Thirteenth Year of his Majesties Reign without any legal Process made a Decree or Order against Adam Viscount Loftus of Ely a Peer of the said Realm of Ireland and Lord Chancellor of Ireland and did cause the said Viscount to be Imprisoned and kept close Prisoner on pretence of Disobedience to the said Decree or Order And the said Earl without any Authority and contrary to his Commission required and commanded the said Lord Viscount to yield unto him the Great Seal of the Realm of Ireland which was then in his custody by his Majesties Command and Imprisoned the said Chancellour for not obeying such his Command And without any Legal Proceedings did in the same Thirteenth Year Imprison George Earl of Kildare a Peer of Ireland against Law thereby to enforce him to submit his Title to the Mannor and Lordship of Castle Leigh in the Queens County being of great yearly value to the said Earl of Strafford's Will and Pleasure and kept him a year prisoner for the said cause two moneths whereof he kept him close Prisoner and refused to enlarge him notwithstanding his Majesties Letters for his enlargement to the said Earl of Strafford directed And upon a Petition exhibited in October 1635. by Thomas Hibbots against Dame Mary Hibbots Widow to him the said Earl of Strafford the said Earl of Strafford recommended the said Petition to the Councel Table of Ireland where the most part of the Councel gave their Vote and Opinion for the said Lady but the said Earl finding fault herewith caused an Order to be entred against the said Lady and threatned her that if she refused to submit thereunto he would Imprison her and Fine her five hundred pounds that if she continued obstinate he would continue her Imprisonment and double her Fine every Moneth by means whereof she was enforced to relinquish her Estate in the Lands questioned in the said Petition which shortly was conveyed to Sir Robert Meredith to the use of the said Earl of Strafford And the said Earl in like manner did Imprison divers others of his Majesties Subjects upon pretence of Disobedience to his Orders and Decrees and other illegal Commands by him made for pretended Debts Titles of Lands and other Causes in an Arbitrary and Extrajudicial course upon Paper Petitions to him preferred and no other cause legally depending 9. That the said Earl of Strafford the Sixteenth day of February in the Twelfth Year of his now Majesties Reign assuming to himself a power above and against Law took upon him by a general Warrant under his hand to give power to the Lord Bishop of Down and Connor his Chancellor or Chancellors to their several Officers thereto to be appointed to attach and arrest the Bodies of all such of the meaner and poorer sort who after Citation should either refuse to appear before them or appearing should omit or deny to perform or undergoe all lawful Decrees Sentences and orders issued imposed or given out against them and them to commit and keep in the next
Linnen rather than of Woollen-Cloth which might prejudice that Trade here he bought Flax-seed in the Low-Countries and sold it at the same Rate to such as desired it they making their Cloaths not above a Foot broad and winding 8 or 10 threads from several bottoms together the contrary was twined their Flax formerly not above a Foot became a yard in length and that soil is fit to bear it and the People love such easie Works He hath set up many Looms made much Cloth and sold it to the loss of some Thousands of pounds but when the State saw the Natives would not change their old Courses for new and better the Proclamation was declined What he did was for the Publick Good and had nothing from them that was not fully paid for To the Fourteenth he saith He refers to the Oath and Proclamation which was set forth by the said Earl and Council of State there at the instance of the Farmers of the Customs towards the defrauding of the King's Duties being in France whereof His Majesty had five eight parts He never heard any Complain of the Oath or of any that refused to take it and conceived it to be lawful divers of the Council approving it being Learned Judges of the Law to whose judgment for the legality he submitted as well in that as to other matters of like nature To the Fifteenth He denieth what is in the Article Objected but saith That about the Year 1626. certain Agents authorized in Ireland were sent into England and offered and agreed to pay to His Majesty 120000 l. in Six Years towards the maintenance of his Army and a like payment of 20000 l. per annum was after agreed and continued for Three Years longer the Assessments were made and it was shortly after by them and the Lord Faulkland then Deputy agreed in Ireland that the Money should not be charged upon Record but levied by Captains by Paper-Assignments upon Warrants from the Lord Deputy and this course was held four Years in the Lord Faulkland's time and the four years wherein the Lord Loftus and the Earl of Cork were Lords Justices there and it held for the remaining year only after the Earl of Strafford came thither but the Earl of Cork having spared those Towns for the benefit of himself and Tenants during the time of his being Justice The Earl of Strafford reduced the Assessments to what it was made by the Lord Faulkland and gave way that Sir William St. Lieger Lord President of Munster to take the same Arrerages in satisfaction of a Debt due unto him by His Majesty and he is confident no force was used in levying the same It hath been usual to lay Souldiers to levy that Contribution to send Souldiers to apprehend Contemners of Orders made at Council-Board and the like and when Out-Laws and Rebels have been in the Woods no Souldiers have in his time been laid but by the Advice of the Council there Touching the Castle-Chamber it 's a parcel of the Territory of Ideough whereto the King was Intituled by Inquisition and the Possession established in a Legal way when the said Earl was in England and no Souldiers were sent but only 12 at the intreaty of Mr. Wanesford for security of his Houses and Plantations against Rebels that then were out and burned and spoiled Houses thereabouts and neither Richard Butler's or any other Family were thence expelled by the said Earl from their Estates To the Sixteenth he saith There was such a Proposition which was just to prevent clamorous Complaints here which there might be redressed but conceives that by the Laws there and the Articles known since by the name of the Articles of Grace made about Fourteen Years since none ought to depart that Kingdom without Licence Thereupon the Advice of the State the Proclamations were set forth but not with such intent as in the Article He denied Licence only to Three the Earl of Cork the Lord Mount-Norris and Sir Frederick Hamilton To the two former in regard of Criminal Suits then against them in the Castle-Chamber To the other by special Command from His Majesty but so soon as Sir Frederick said he would Complain of the Earl he made Suit to His Majesty That Sir Frederick might come over which was granted He conceives such restraint to be necessary and if that it be not continued it will prove of Evil Consequence to that Kingdom Parry was questioned at the Council-Board for Misdemeanors and to avoid Sentence secretly went out of the Kingdom and at his return for that and other Offences was Fined and Imprisoned to the Sentence thereof he refers and knows of no other that were Imprisoned as by the Article is Charged To the Seventeenth he saith It 's like he might say for the better encouragement of the Officers and Souldiers of the Old Irish Army in discharge of their several Duties that His Majesty was so well satisfied in the way and pains they took in using and practizing of their Arms that in that Point he would set them as a Pattern to be imitated and conceives it would not be ill if they were so they being in the Opinion of those that have seen them Exercise very Able and Expert Souldiers he spake not other words or to other purpose To the Eighteenth he saith When the Earl of Cork was one of the Lords Justices he seized some Houses in Dublin pretending they belonged to Jesuits and Fryers without Legal Proceedings which upon Suits prosecuted at Council-Board were according to Justice restored to the Owners but how since imployed the Earl of Strafford knoweth not but endeavoured the utmost he could to maintain that Seizure Touching the 8000 men he saith They were raised according to the King's Warrant and that the said Earl left the Care thereof to the Earl of Ormond and others and what number are Protestants what Papists he knoweth not but believeth such a Body cannot be there raised without many Papists the greatest number of the Captains and Officers are Protestants chosen by the said Earl The 1000 man were drawn out of the Old to make Officers for the New Army and believeth the 1000 put to the Old Army are Protestants in regard by his express Order no Papist is to be admitted there a Common Soldier He never preferred any Captain Lieutenant or Ensign to be of that Army that was a Papist and conceives they are duly paid and believes those newly raised exercise the Religion no otherwise than was practised before the Earl's coming thither He was a Commissioner to Compound with the Recusants for their Forfeitures and endeavoured to be informed of the utmost value of their Estates in four years he brought that Revenue from 2300 l. to be between 11 and 12000 l. per annum more than ever was raised formerly in so short a time by which faithful dealings for His Majesty he procured the hard Opinion of the Recusants throughout the Kingdom that out of those
Compositions he hath paid near 100000 l. into the Exchequer and they had no other Priviledges than what was exercised in the Commission and in former like Commissions and as are in the present Commission to the Lord Treasurer and others To the Nineteenth he saith The last Summer was twelve months when the English and Scotch lay in the Fields near Berwick the Earl and Council of Ireland having a general motion thereof were in fear that the Scots in Vlster being almost 100000 in number might be drawn to side with the Covenanters and advising how to secure that Kingdom the Principal of the Nation of Scotland living in Ireland came to Dublin and Petitioned That he might have an Oath whereby they might give Testimony of future Obedience to His Majesty whereupon an Oath was by the Advice of Council of State framed and chearfully taken by those Scotch Gentlemen and generally by all the Nation in Ireland as the Earl conceives to their advantage and the satisfaction of others he believes that some were Sentenced for refusing it but none were otherwise exiled The Earl in his Vote said That he would endeavour that all of that Nation should take that Oath or leave the Kingdom all which was done by His Majesties Direction and Approbation and it was not contrived to the intents in the Article Charged but to prevent their adhering to the Covenanters then in open Arms and not concerning the Ceremony or Government of the Church To the Twentieth he saith That in the Year 1638. the Earl was in Ireland when Preparations were made for War and Summons sent to the Nobility of this Kingdom In the Year 1639. a General was appointed and an Army drawn to the Field and Encamped near Berwick whereby it appears he was not acquainted that the Article of Pacification had been broken on both Sides and so distempered that it was held fit an Army in England should be raised to suppress the Covenanters if the business could not with Honour and Safety be otherwise composed The said Earl humbly advised His Majesty to call a Parliament and used many Motives thereunto after the Parliament was called and before the Sitting thereof ten of the Lords and other of the Council for Forreign Affairs being assembled His Majesty then present an Honourable Person related the Covenanters Demands it was then Voted by all That they were such as might not in Honour and Safety be condescended unto by His Majesty and if they could not be otherwise reduced His Majesty must be constrained to bring them to it by force the like Resolution was after at the Council-Table by twenty of the Council Whereupon His Majesty appointed a Council of War and it was held necessary to borrow 200000 l. upon good Security till the Supplies by the Parliament might come in He never said the Scotch Nation were Rebels but was ever perswaded that many of them are most Loyal Subjects Those that raised Arms when they were at such distance from His Majesty he might say they were no less than Rebels and Traytors by Warrant from the Lord Admiral he caused divers Ships and Goods to be seized but not with an intent to set on the War but as much as in him lay to bring all to fair Accommodation without expence of blood To the 21th he saith The pacification was broken before he came over as in the Answer to the former Article he moved His Majesty for a Parliament in England but not with such intent as in the Article but out of a desire to have settled a right Understanding between the King and His people It may be he said though he remembreth it not that if the Parliament would not Supply His Majesty he would serve His Majesty in any other lawful way being well assured that His Majesty would not imploy him nor any man else in any other kind To the 22th he saith According to His Majesties Instructions he did set forth to the Parliament of Ireland the State of the Affairs as they then stood and they freely gave four Subsidies as an acknowledgment of His Goodness and happy Government as by the Act and Remonstrance appears in Print He by His Majesties Direction then gave Order for the raising of 8000 Men who still remain in the King's pay and were sent into Vlster to secure those Parts or to land in Scotland to divert the Earl of Argile in case he joyned with the Covenanters Army against the King but it was mentioned in the King's Letter 2 Martii 1639. he had purposely given out That they should join with the King's Army at Berwick to colour other Designs but the true cause of their Levying was made known to be as aforesaid unto the Earl of Ormond Sir John Burlace and the Marquiss of Hamilton and Earl of Northumberland at the time of the writing the Letter and he denies the words charged in the Articles or any other words to such intent and purpose To the 23th he saith The matters of the Parliament were no otherwise referred to him than to the rest of the Council that coming sick from Ireland about ten days after the Parliament were set and after the Treaty with the Earl of Dunfermline Lord Lowdon Scotch Commissioners was broken off and the Army preparing and the Parliament not supplying Monies as His Majesty desired His Majesty advised what might move them to prefer His Supply in debate whereof he humbly advised His Majesty by a Message to the House to lay down Ship-Money and promise never to demand it and give way to reverse the Judgment by a Writ of Error in Parliament and to promise a Redress of Grievances when they should be prepared And secondly That they would presently agree upon such Supply as should maintain His Army for reducing the Scots to their Obedience wherein their Safety and His Honour was concerned His Majesty assented conditionally that he might have 12 Subsidies the Earl besought Him that it might not pass as a Condition but to Relinquish Ship-Money and put himself upon their Affections and drew up the Message in Writing and delivered it to Mr. Secretary Vane to deliver to the House of Commons He desired to know if His Majesty would not take less than 12 His Majesty Answered He feared less would not serve His Occasions The Earl of Strafford besought His Majesty to accept of Eight so His Majesty assented and desired Mr. Secretary to signifie so much as occasion should be offered but whether he did so or not the said Earl knoweth not The House of Commons being in debate two days and not Resolving His Majesty about the 5th of May last called a Council at Seven of the Clock in the Morning the said Earl being sick came late and was told as he remembreth by the Earl of Bark-shire the King had declared His Resolution to Dissolve the Parliament the Earl of Strafford besought His Majesty to hear the Advice of His Council and first of those that were Members of the
Rectory of which he had been possessed as Tenant to the Crown 35 Years that taking out Writs to arrest Gwyn the Earl bad him recal them or he would clap him in the Castle and that he would not have his Orders disputed by Law nor Lawyers that he desired Gwyn being Poor he might give security which the Earl said was just and that it should be so entred in his Order but that Sir Paul Davis told him that my Lord Strafford found fault with it and struck it out with his own hand that making a Lease to an Incumbent contrary to an Act of State that no Lease should be longer then the Incumbent's Life and being prosecuted for it the Earl told him an Act of State should be as binding as an Act of Parliament John Waldron deposed the same in the Case of a Lease between the Merchants of Galloway and some others John Waldron John Kay Lord Killmallock Sir Pierce Crosby John Kay deposed the same the Lord Killmallock deposed the same and that Sir George Radcliff my Lord Strafford's Eccho an occasion of throwing out a Bill making its Felony to have Powder without licence said the same Sir Pierce Crosby deposed the same To this the Earl answered The Earl's Defence That the Council Board of Ireland was a Court of Record that it was so in favour of the English Protestants and Clergy This he proved by the Lord Dillon in the Lord Chichester's and Lord Grandison's time Lord Dillon that the Acts of State were by the Judges reputed as Laws of the Land for the present and proceeded by Arrest Imprisonment and Fines upon contempt Sir Adam Loftus which Sir Adam Loftus confirmed Then the Order which my Lord of Cork mentioned was read attested and acknowledged to be Sir Paul Davis his hand where it appeared the Clause my Lord Cork said was struck out was standing still only my Lord Cork was limited to prosecute within a Year So what was objected about Gwyn he said he was unknown to him but produced a Certificate from the University of Dublin That he was a Master of Arts of 12 or 14 Years standing adding That my Lord of Cork must be an Excellent Schollar under whom his Groom had so much profited For the Words spoken to the Earl of Cork though he had so quick a memory as to swear them roundly as laid in the charge to a syllable yet they carry their own Contradiction the Order produced referring him to the Law at the highest if the words were spoken they are but indiscreet and it was severe to be punished for being no wiser than God Almighty had made him that my Lord is but a single Witness and he is not prosecuted according to 1 E. 6. cap. 12. That the other Witnesses are Extrajudicial proving words spoken in other places and times then he is charged withal and yet that the words may bear a fair interpretation for that the King being the Law-giver which he hoped none would deny without the Crime of Treason the King's sentence is a Law in matters not determined by Act of Parliament that Prerogative is a part of the Fundamental Law as well as the Property of the Subject That he had alwayes wished for an harmony between them and that they might keep in their wonted Channel if either of them rise above their due heights nothing could be expected but subversion of the Common-wealth either by Tyranny or Rebellion That prerogative was like the First liberty of the subject like the 2d Table either both or neither can be preserved That Prerogative as long as it goes not against the Law of the Land is the Law of the Land and binding being made to prevent a temporary mischief before an Act of Parliament can give Remedy He excepted against the Lord Killmallock 's swearing Sir George Ratcliff to be his Eccho it being impossible to swear his thoughts Against Mr. Hoy and Sir Pierce Crosby as persons concerned against him in point of Interest and to Mr. Waldron 's That the circumstance qualifies the Words it being according to a Statute directing that Leases should not be made without reserving the Moiety of the yearly value After which the Manager replyed That this Article proved the Earl of Strafford's intention to subvert the Government that whereas he saies they are not prosecuted in time the Effects continue to this day and they prosecute him Flagrante Crimine that threatning the Earl of Cork was Arbitrary Government that he hath made it a habit to speake such words as appears by the several times that he himself had confessed the words that when things are rejected in Parliament they are not to be supplied by an Act of State Then they desired to Examin another witness Roger Lotts Witness which the Earl excepting against as not regular the Lords adjourned to their House to consider of it and returning he was admitted and deposed concerning the Bill for Powder without Licence to Felony the Earl told them He would make it an Act of State and that should be as Good To which the Earl replied It was done by Command and for reasons of State not fit to be made publick to keep Powder out of unsafe hands but did not conduce to his acquittal or Condemnation Upon Saturday March 27. Saturday March 27. The 6th day Artic. 5. they proceeded to the Sentencing the Lord Mountnorris at a Council of War thereby Exercising a Tyrannical Power over a Peer of the Realm of Ireland c. First the Sentence was read reciting the King's Letter which commanded a Council of War to sit upon the Lord Mountnorris being a Captain for inciting Revenge against the Lord Deputy-General of his Majesties Army The Lord Mountnorris deposed That he was called to a Council of War Lord Mountnorris Witness charged to have spoken words to this purpose That being told a Kinsman of his had hurt the Lord-Deputies Foot having the Gout he should say Perhaps it was done in Revenge of that publick affront that my Lord Deputy did me formerly but I have a Brother that would not have taken such a Revenge that he was required instantly to confess or deny the Charge that he desired time to answer but was denied as also to produce witnesses to disprove the Lord Moor and Sir Robert Loftus who upon Oath had affirmed it that thereupon in half an Hour Sentence was Pronounced against him by Sir Charles Coot Provost Marshal That the Lord-Deputy in scorn told him That he might proceed to Execution but he would Supplicate his Majestie for his Life and rather lose his Hand then he should lose his Head that he was committed to Prison December the 12th and bailed out the 18th the Physitians making Oath he was in danger of his life the High oppression and Injustice having thrown him into a desperate sickness committed again Apr. the 11th let out May the 2d by reason of Sickness recommitted the 30th of January following
between Residence and Restraint to complain to his Majesty that if the Laws of England and Ireland as his Lordship sayes be the same the Passage is open by 4 Jacob. which Repeals 5 Rich. 2. unless the King by Proclamation or a Ne Exeat Regno on special Causes lay a restraint That to the Lord Esmond 's Commission if there was one that Record ought to be produced That for the Lord Roche there was an Information but that was ceased before the denial of the Licence That the true reason why Mac-Carty was denied licence was that he should not complain of his Suit which he said Mr. Little confessed upon taking his Petition as was deposed upon Oath by one John Meaugh John Meaugh And as to Parry 's Sentence it declares something said to be the Cause but not the whole To his last that this is not Treason though they are not individual Treasons yet they are the multiplication of acts of Arbitrary Power and his obtaining power to hinder Subjects access to his Majesty is taking such a Soveraign Power that Non sentit parem nec superiorem Mr. Maynard added That they laid the stress upon this that it was to prevent Complaints of his injustice to his Majesty and that his intention might make that ill which in it self was not so To which Mr. Glyn supplyed That his Design was introducing a Tyrannical Government and before he goes about his work he puts off all means of Redress The 17th and 18th Articles being for the present waved Mr. Artic. 19. Whitlock proceeded to the 19th Article shewing That as he had Exercised Tyrannical Power over the Lives Liberties and Estates of the Irish so over the Consciences of the Scottish Subjects in Ireland by a new Oath and that he said he would root out the Scottish Nation if he returned to Ireland To prove this Sir James Montgomery was sworn who deposed Sir James Montgomery That the Lord-Deputy sent for most of the principal of the Scottish Nation to Dublin by Letters and being come the Lord Viscount Montgomery being indisposed with a Cold the Lord came to his Lodgings where they were to attend him he communicated to them the disorders of Scotland and wished them to do something to vindicate themselves from being of the Confederacy that then the Bishops of Down and Raffo proposed the joyning in a lawful Oath as the others had in an unlawfull and to Petition the Lord-Deputy for it the Bishop of Down offered to draw it but my Lord put it upon the Bishop of Raffo that he took the Liberty to tell his Lordship it was amiss to consider of it To which he replyed Sir James you may go home and Petition or not Petition if you will but if you do not or who do not or to that purpose shall do worse That 2 Petitions were drawn one down right railing the other bitter enough and when it was desired to be softned answer was made the Lord-Deputy had seen it and did approve it that with little alteration the Petition was Signed and Delivered an Oath was framed which my Lord himself administred to them that Commissions came down immediately to administer it to all men and women above 16 years of Age and certifie the names of refusers that many fled out of the Countrey some absconded others were apprehended and he thinks censured some left their Corn on the Ground but being asked about the Papists he did not hear that the Oath was tendred to them or that they were called Then the Oath was Read which see before in the beginning of these Collections Maxwell Sir John Clotworthy Mr. Maxwell sworn deposed to the same Effect Then Sir John Clotworthy sworn deposed That upon the imposing it being a Commissioner he knew multitudes fled left their Corn on the Ground Cattle and Dwellings Richard Salmon deposed Rich. Salmon a School-master That at the Proceedings against Mr. Stuart he being willing to take the first part of the Oath as to Allegiance and Supremacy but the later part as to Ecclesiastical Duties he durst not my Lord told him they had other Oaths for that but this was for both and those who were obedient to Ecclesiastical Orders he would lay his hand under their Feet to do them good but whosoever would resist he would prosecute to the blood That my Lord said further They had made him forget himself by putting him into some passion That they were Traitors and Rebels and that if his Majesty would Honour him so much as to send him back again he would eradicate Root and Branch of all that Nation out of the Kingdom of Ireland saving the Lords and others that had taken the Oath That Mr. Steward was Fined 5000 his Wife 5000 his 2 Daughters 3000 l. a piece and James Gray 3000 as he remembers That Gray was not worth 100 l. Mr. Stuart maintaining him in Prison John Loftus sworn John Loftus deposed to the Fines and the words about the Scottish Nation Mr. Whitlock Summed up the Evidence concluding This was to take a Power far above Law to bind their Consciences that it shewed my Lord's Intention to alter Laws with all his Force and Cruelty The Earl then made his Defence The Earl's Desence That their Lordships and particularly the Lord Steward who was General of the Army against the Scots knew the posture of the King's affairs their fears of the Scots in Ireland and their Confederacy with the Covenanters one being condemned and Executed for Plotting to deliver Knockfergus to a Great man in Scotland To prevent this Lord Dillon there was a debate of Council-Board which was attested by the Lord Dillon and that the whole proceeding about the Oath was concluded on as necessary for the preservation of the State Sir Philip Manwaring and Sir Adam Loftus affirmed the same Sir Philip Manwarin Sir Adam Loftus and that none of the Gentlemen who took the Oath appeared refractory My Lord added They did it chearfully save only Sir James Montgomery which he remembers to their Honour that there being an Expression in the Petition Offering their Lives and Fortunes for vindicating the Regal Power which he said might be turned too strictly upon them he qualified it with these words In equal manner and measure with other his Majestie 's Subjects which as my Lord Montgomery will he is assured justifie were put in by him The Petition and the Act of State were then read being to this Effect By the Lord-Deputy and Council WENTWORTH Where We have lately made an Act of Council in these words WHereas divers Lords Spiritual and Temporal Knights The Act of State and Petition about the Oath in Ireland and others inhabiting in this Kingdom have lately exhibited a Petition to Vs in these words following To the Right Honourable the Lord Deputy and Council c. The Humble Petition of c. The Petition recites The horror apprehended by the Petitioners His Majesties
leave to tell you what we might have shown and are ready to show we could have made it express and proved it by Notes taken by Secretary Vane the 5th of May when the words were spoken which Notes should have been proved if we had proceeded on the Three and twentieth Article to corroborate the Testimony of Mr. Secretary Vane and that by two Witnesses We could likewise have shown how we came to the knowledg of it it being by means unknown to Mr. Secretary Vane and have made him an upright Counsellor and Witness but we shall prove his intentions to bring in the Irish Army another way when I come to open my own course and method My Lords he pretends these words were spoken the 5th of May but when they were testified by Mr. Treasurer he did not speak of the 5th of May and yet now my Lord remembers the day and I wonder how he came to the knowledge of the day unless he likewise remembred the words But that my Lord observes is That being spoken then how should he perswade the King that he had an Army in Ireland when in truth he had none there for the Army was not on foot till a month after This my Lords is plainly answered and if he had thought of his own answer he had answered himself for he tells you That in April before he had taken a course for the levying of the Army he had nominated the Officers giving direction for raising it and the day of the Rendezvous of the Army was appointed the 18th of May. And so in his own answer he makes an answer to the objection and the objection is taken away out of his own confession From that Article he falls to the Seven and twentieth Article whereby he stands charged with Levying Money by force upon the King's People in Yorkshire he is pleased to observe that all the proof for the maintenance of that Article is only the levying of Money by four Soldiers by Sergeant-Major Yaworth where he is pleased to disdain the War because it was so weak yet it was too strong for them God help them that were forced upon pain of life to pay it And whereas he pretends the Warrant was not from him I shall reserve that till I come to the Article and when I come to the proofs I believe it will remain fixed upon him And there he left his Statute-Treason and now he falls to the second kind of Treason and that was the introductive or constructive Treason He begins with the Third Article that is concerning some words that he should be charged to have spoken in Ireland and I shall desire that your Lordships would be pleased to look upon your Notes how he answers that Article My Lords says he I am charged to say that Ireland was a Conquered Nation and that their Charters were nothing worth and bind the King no further than he pleaseth therefore I am a Traytor because I speak the Truth There was his Answer in his Collection And for their Charters he says He might very well say so for he intended it no otherwise but according to the validity of them for they were several ways questionable and ought not to bind unless they were good in Law But if you look upon his Arguments he hath like a cunning Orator omitted the principal part of the Article and that is That Ireland is a Conquered Nation and they were to be governed as the King pleaseth the King might do with them what he list this he omits although they be proved by three Witnesses and are appliable to his intentions fully yet he could make use of so much as makes for him and leaves out the rest like your Lordships know whom Then he descends to the Fourth Article and this concerns some words he should speak upon an occasion betwixt him and my Lord of Cork that he should tell my Lord of Cork He would have neither Law nor Lawyers dispute or question his Orders And upon another occasion That he would make my Lord of Cork and all Ireland know That all Acts of State which are Acts of Council there made should be as binding as any Act of Parliament This he said was proved but by one Witness and I extreamly marvel to hear him say so for the latter words we proved by four or five or six Witnesses that is That he would have Acts of State as binding as Acts of Parliament Whereas he sayes these are all the words produced against him in the time of Seven Years Government there your Lordships have heard of many words and if we would trouble your Lordships further in this kind we could prove such words spoken as often almost as he remained dayes in Ireland that is for the mis-recital The other part two Witnesses proved but the residue That they must expect Law from the King as a Conqueror That Acts of State should be equal to Acts of Parliament and when an Act of Parliament would not pass he would make it good by an Act of State These speeches at other times were proved by five Witnesses Then he falls back to the Second Article touching the words That the King 's little finger should be heavier than the loins of the Law My Lords These words were proved expresly by five Witnesses to be by him spoken and if he had produced five hundred that had said he did not speak them they had not been equivalent to disprove five but he produces none Sir William Pennyman repeats other words and inverts them and none but he Another party a Minister reports a report that he heard concerning these words but my Lord he saith the occasion of the speaking of them was not mentioned Truly perhaps it might be the forgetfulness of my Lord's memory but let me put him in mind and your Lordships remember that the occasion was exprest by one and that is Sir David Fowles that he laying a Command upon Sir David to Repair a Bridge and calling him to an account why it was not repaired Sir David Fowles told him he could not do it by Law And therefore omitting it my Lord said to him Sir some are all for Law and Lawyers but you shall know that the King 's little finger will be heavier than the loins of the Law Here is the occasion though he would have another business the Knighting Money to be the occasion From the Second he falls to the Three and twentieth Article that is concerning words that he should counsel His Majesty that he might use His Prerogative as he pleased but in saying there was no proof offered he here begins to fall upon the other fallacy that is to pull things asunder whereas we produce them together and would make that which is a Fagot to be but a single Stick but under favour when I come with your Lordships patience to open the force of the proofs and put them together he shall find contrary to his expectation that they are fully
the Report The Limitations were That all those who had suffered damage by the Customers either in Goods or otherwise might notwithstanding this Composition take their remedy at Law for Reparation And that the petty Customers should also come in upon Composition and then have the benefit of the Act of Oblivion An Order was also sent to the Master and Wardens of the Company of Vintners to command that notice be given to the whole Company that the Patent of Abel and Kilvert being Voted Illegal they should sell their Wines as formerly viz. French Wines at Six-pence per Quart and Spanish Wines at Twelve-pence the Quart This day a Commission was presented to the House of Lords Several private Bills passed by Commission directed to the Lord Privy Seal Lord Great Chamberlain and to Earl Marshal or any two of them to give the Royal Assent to three private Bills viz. One Entituled An Act to enable the Marquess of Winton to grant Estates for three Lives or 21 years c. of Lands in the County of Southampton c. reserving the old Rents Another Entituled An Act for Naturalization of Dorothy Spencer Daughter of Henry Lord Spencer Baron of Wormleighton And the third Entituled An Act for the enabling a Sale and Leasing of Lands for payment of the Debts of Thomas late Earl of Winchelsea The Lords Commissioners in their Robes sitting upon a Form set across the House between the State and the Keeper's Woolsack the House of Commons being sent for came with their Speaker then the Clerk of the Parliament presented upon his knee the Commission unto the Lords Commissioners and the Lord Privy Seal after he had acquainted the Peers and the House of Commons with his Majesties pleasure herein he delivered the Commission to the Clerk of the Parliament who carried it to his Table and read it which being done the Clerk of the Crown read the Titles of each Bill severally after which the Clerk of the Parliament pronounced the Royal Assent severally and then the Commons returned to their own House The Commons being returned Mr. Taylor a Barrister Thursday May 27. Mr. Taylor Burgess for Windsor expelled the House and Burgess for the Burrough of Old Windsor was expelled the House and Voted uncapable of ever being a Member of Parliament to be committed Prisoner to the Tower during the pleasure of the House to be carried down to Windsor there to make publick Recantation of what he had spoken and from thence to be returned back to the House of Commons to receive further Sentence And it was Ordered That a Writ should be presently issued out for a new Election in his Room The words for which he was Expelled and thus severely treated were attested by John Hall Mayor of Windsor Mr. Broughton and Mr. Waller That Mr. Taylor should in discourse about the death of the Earl of Strafford say That the House of Commons had not his Vote to the Bill of Attainder against Thomas Earl of Strafford for that to do it before the Lords had finished the Trial upon the Articles of Impeachment Exhibited by the Commons against him was to commit murther with the Sword of Justice An Act for the utter abolishing and taking away of Arch-Bishops Bill for Root and Branch read twice Bishops their Chancellours and Commissaries Deans Deans and Chapters Arch-Deacons Prebendaries Chanters and Canons and other Under-Officers out of the Church of England was read the first time and upon the debate of the House for a second reading the House was divided Yeas 139 Noes 108 so the Bill was read the second time and committed to a Committee of the whole House A Bill was also read the first time for granting to his Majesty the Duty of Tonnage and Poundage Bill for Tonnage Poundage read twice Holmer the Printer bailed and a second time in the Afternoon This day Holmer the Printer who was committed to the Gate-house for printing an Elegy upon the Earl of Strafford which then were called scandalous Verses was admitted to Bail An Estimate of the Debt of the Kingdom was this day brought into the House by the state of which Account it appeared Friday May 28. The state of the publick Debts Bill for raising mony and disbanding the Armies read a second time Bills against H. Commission Court and Pluralities engrossed Saturday May 29. That there was a Debt of seven hundred seventy three thousand nine hundred pounds due to the two Armies the City and several private persons who had lent mony upon Parliamentary Credit which brought on the Consideration of the Bill for Raising Mony and Disbanding the Armies which was read a second time Mr. Rigby Reports the Bills for taking away the High Commission Court and against Pluralities with the Amendments which were both Ordered to be engrossed Little of moment passed this day in the Commons House most of it being spent in debates about Raising Mony to defray the great Debt into which the Kingdom was plunged by the coming in of the Scottish Army to be assistant in the Glorious Reformation of Religion and Establishment of the Subjects Liberty for which guilded Words the Nation was to part with their real Treasure And it was but an untoward Omen how expensive these great Patriots were like to prove for the future who began so early to shew the People that little less than a Million of Mony must be laid down as the Earnest for this imaginary purchase It was this day Ordered Several Lords examined about the Conspiracy of the Army That the Earls of Newcastle and Carnarvan and the Lord Bishop of Chichester shall be attended with this Order and that their Lordships be desired to repair unto the Lords Committees appointed by this House to take the Examinations concerning certain late practises concerning the Army in the North at Two of the Clock this Afternoon at the Lord Keeper's Lodgings near the Parliament House to be examined by them A Case having been depending between Thomas Nash Nash and Kynnaston's Case determined in a Writ of Error and Charles Kynnaston about Errors in a Writ of Error and Council having been fully heard at the Bar of the Lords House on both sides their Lordships Voted the said Errors alledged by the Plaintiff Nash to be frivolous and thereupon awarded the following Order upon it In Suprema Curia Domini Regis Parliament ' Inter Thomam Nash Quer ' Carolum Kynnaston Defendentem in placito transgr ' ejectionis Firmae Super quo visis premissis per Cur ' Parliament ' Domini Regis nunc hic diligent ' Examinat ' plenius intellectis tum Record ' Process ' predict ac Judic ' predict ' super eisdem Reddit ' quam predict ' Causa pro Errore prodict ' predict ' Thom ' in Forma predict ' assignat ' allegat ' videtur predicta suprema Curia Parliament ' hic quoad Record predict in nullo vitiosum aut defectivum
Who is sufficient for these things shewing that this requireth the whole Man and all is too little Therefore for them to seek or take other Offices which shall require and tye them to imploy their Time and Studies in the Affairs of this World will draw a guilt upon them as being inconsistent with that which God doth call them and set them apart unto In this Respect our Saviour hath expresly prohibited it telling his Apostles That they should not Lord it over their Brethren nor exercise Jurisdiction over them as was used in Civil Governments among the Heathen They were called Gracious Lords and exercised Jurisdiction as Lords over others and surely they might lawfully do so but to the Ministers of the Gospel our Saviour gives this Rule It shall not be done so by you If ye strive for Greatness he shall be the Greatest that is the greatest Servant to the Rest Therefore in another place he saith He that putteth his Hand to the Plow and looketh back to the things of this World is not fit for the Kingdom of God that is the Preaching of the Gospel as it is usually called To be thus withdrawn by intangling themselves with the Affairs of this Life by the Necessity and Duty of an Office received from Men from the discharge of that Office which God hath called them unto brings a Woe upon them Woe unto me saith the Apostle If I preach not the Gospel What doth he mean If I Preach not once a Quarter or once a Year in the King's Chappel No he himself interpreteth it Preach the Word Be instant in season and out of season rebuke exhort or instruct with all long-suffering and doctrine He that hath an Office must attend upon his Office especially this of the Ministery The Practice of the Apostles is answerable to the Direction and Doctrine of our Saviour There never was nor will be Men of so great Abilities and Gifts as they were indued withal Yet they thought it so inconsistent with their Callings to take Places of Judicature in Civil Matters and Secular Affairs and Imployments upon them that they would not admit of the Care and Distraction that a Business far more agreeable to their Callings than these would cast upon them and they give the Reason of it in the 6th of the Acts It is not reason that we should leave the Word of God and serve Tables And again when they appointed them to choose Men fit for that business they institute an Office rather for taking Care of the Poor then they by it would be distracted from the Principal Work of their Calling and then shew how they ought to employ themselves But we said they will give our selves continually to Prayer and to the Ministry of the Word Did the Apostles Men of Extraordinary Gifts think it unreasonable for them to be hindred from giving themselves continually to Preaching the Word and Prayer by taking Care for the Tables of the poor Widows and can the Bishops now think it reasonable or lawful for them to contend for Sitting at Council Tables to govern States to turn States-men instead of Church-men to Sit in the Highest Courts of Judicature and to be imployed in making Laws for Civil Polity and Government If they shall be thought sit to Sit in such Places and will undertake such Imployments they must not Sit there as Ignorant Men but must be Knowing Men in businesses of State and understand the Rules and laws of Government and thereby both their Time and Studies must be necessarily diverted from that which God hath called them unto And this sure is much more unlawful for them to admit of then that which the Apostles rejected as a distraction unreasonable for them to be interrupted by The Doctrine of the Apostles is agreeable to their Practice herein for Paul when he instructeth Timothy for the Work of the Ministery presseth this Argument from Example of a good Souldier No man that Warreth intangleth himself with the Affairs of the World So that I conclude That which by the Commandment of our Saviour by the Practice and Doctrine of the Apostles and I may add by the Canons of the Antient Councils grounded thereupon is prohibited to the Ministers of the Gospel and shew'd to be such a distraction unto them from their Callings and Function as will bring a Woe upon them and is not reasonable for them to admit of If they shall notwithstanding intangle themselves withall and enter into it will bring a Guilt upon their Souls and hurt them in respect of their Consciences In the next place it doth blemish them and strike them in their Credit so far from Truth is that Position which they desire to possess the World withal that unless they may have these outward Trappings of Worldly Pomp added to the Ministry that Calling will grow into Contempt and be despised The truth is these things cast Contempt upon them in the Eyes of Men. They gain them Caps and Courtesy but they have cast them out of the Consciences of Men and the Reason is this Every thing is esteemed as it is Eminent in its own proper Excellency the Eye in seeing the Ear in hearing not in speaking The one would be rather Monstrous than Comely the other is ever acceptable being proper So is it with them their proper Excellency is Spiritual the Denyal of the World with the Pomp and Preferments and Imployments thereof this they should teach and practise but when they contrary hereunto seek after a Worldly Excellency like the great Men of the World and to Rule and Domineer as they Contrary to our Saviour's Precept Vos autem non sic but it shall not be so amongst you instead of Honour and Esteem they have brought upon themselves in the Hearts of the People that Contempt and Odium which they now ly under and that justly and necessarily because the World seeth that they prefer a Worldly Excellency and run after it and Contend for it before their own which being Spiritual is far more Excellent and which being proper to the Ministry is that alone which will put a Value and Esteem upon them that are of that Calling As these things hurt themselves in their Consciences and Credit so have they and if they be continued still will make them hurtful to others The Reason is Because they break out of their own Orbe and move irregularly there is a Curse upon their Leaving of their own Place The Heavenly Bodies while they keep within their own Spheres give Light and Comfort to the World But if they shall break out and fall from their Regular and proper Motions they would set the World on fire So have these done while they kept themselves to the Work of their Ministry alone and gave themselves to Prayer and the Ministry of the Word according to the Example of the Apostles the World received the greatest benefit by them they were the Light and Life thereof But when their Ambition Cast
corporis postulet Here we see the Office of Deans in Saint Augustin's time antiquity sufficient but not antiquity for being Officers of the Church therefore they do not rightly plead antiquity as to the point now controverted the question being whether the Office as now it is exercised be the same that it was then sure they shall find it not only different but in a manner quite contrary they are deceived that urge it but they are to know that this judicious House is able to discern and distinguish a counterfeit Face of antiquity from the true and in vain do they with the Gib Labour to deceive us by old Sacks old Shoes old Garments old Boots and old Bread that is dry and mouldy therefore to no purpose and causeless do they charge us to affect Novelty and to offer to take away Church-Governors and Government What these men I mean Deans were Originally we see how they came to be Presbyters and of the Ministers and for what cause I shall hereafter declare but we may not think this charging of us as Innovators strange when as Christ himself had his Doctrine censured as new what Doctrine is this saith the Jews Mark 1.17 we are not then to expect that we shall escape the like censure of innovating The Servant is not above his Lord nor the Disciple above his Master and indeed so Saint Paul found it for the Greecians made the same demand to him May we say they know what this new Doctrine is whereof thou speakest Acts 17. But let us liberare animas nostras conscientiae satisfaciamus nihil in famam laboremus consentiamus in eo quod convenit non in eo quod traditum But to return where I left granting the Name and Office we find them to be only Caterers or Stewards to provide Food and Raiment for the Monks whose Garments as they were not costly so was not their fair dainty being but Bread and Water as witnesseth Saint Jerome Athanasius Theodoret and others And Surius in the life of Pachonius written 1200 Years since testifieth the same To have the like Imployment now I neither deny nor envy them Well now Let us see how they increased in authority and came to be accounted Officers of great Dignity then thus when for the Austerity of their Lives and Opinion of their sanctity Princes and others did bestow Lands and Revenues upon the Monks then their praepositi the Deans did partake of their Honors and Possessions and then began the corruption and poysoning of them Tunc venenum infunditum in Decan religio peperit divitias filia devoravit matrem Answerable whereto is that of Saint Jerome In vitas Patrum since Holy Church increased in Possessions it decreased in Virtues the like hath Saint Bernard and many others Thus we see that the Spring that was clear in the barren Mountains descending down to the richer Vallies becomes thick and muddy and at last is swallowed by the brinish Ocean Salsum perducles imbibit Aequor aquas But to deliver it in the words of an Honourable Author Time saith he is most truly compared to a Stream that conveyeth down fresh and pure Water into the salt Sea of Corruption which invironeth all Humane Actions and therefore if a Man shall not by his Industry Vertue and Policy as it were with the Oar row against the Stream and Inclination of Time all Institutions and Ordinances be they never so pure will corrupt and degenerate which we shall see verified in Deans and their Officers For now being endowed with great Possessions it was ordained they should be chosen out of the Presbytery to that place Ne sit Decanus nisi Presbyter as I find in Saint Bernard Well did they rest in this State and Condition No they must be Civil Magistrates Chancellors or Keepers of the Seal Lord Treasurers Privy Councellors or what have they not of Lay-Offices Dignities and Titles I will not trouble you with enumeration of particular Deans I will only cite one though if the time permitted I might incite twenty one and that is a Dean of Pauls about Anno 1197. who was made Lord Treasurer who carrying that Office quickly hoarded up a great Treasure at last falling into a deadly Disease past recovery he was exhorted by the Bishops and great Men to receive the Sacrament of Christs Body and Blood which he trembling at refused to do whereupon the King admonished and commanded him to do it he promised him thereupon to do it the next Day Being admonished to make his Will he commanded all to avoid the Room but one Scribe Who beginning to write his Will in the accustomed Forms In the name of the Father of the Son c. The Dean perceiving it commanded him in a Rage to blot it out and these Words only to be written I bequeath all my Goods to my Lord the King my Body to the Grave and my Soul to the Devils which being uttered he gave up the Ghost The King hereupon commanded his Carcass to be carried in a Cart and drowned in the River Good God what a Change is this from being humble Servants to poor Monks to become proud Prelates Peers to Princes Quantum mutati ab illis nunc Cigni qui modo Corvi They now forsake their Templa paupertatis Templa pietatis tanquam noxia numina and only allow and make choice of Templa honor is Templa fortunae They then took care for the poor Monastery but now poorly care for the Ministery and to speak no less truly then plainly they do either just nothing or what is worse nothing that is just But not to trace them further Let us examine what their present Office is which we find so honoured and dignified In the Constitutions of Henry the eighth and Edward the sixth thus I read Decani quoque cum in Clero amplam dignitatem locum honoratum in Ecclesia sortiantur Presbyteri sunto viri graves docti magna prudentia insignes Cathedrales Ecclesias juxta illarum Constitutiones regant Collegio tam Canonicorum quam Clericorum Ecclesiae majoris praesint neque disciplinam labi sinant provideant que summa diligentia ut in sua Ecclesia sacri ritus ordine ac justa ratione peragantur utque omni ordine convenienti gravitate ad fratrum utilitatem agantur ut Archidiaconi foras sic illi domi hoc est in Ecclesia Cathedrali ejus Canonicis Clericis Episcopo sint adjumento quasi duo ejus membra utilissima necessaria Quare nec Decani abesse debent à sua Ecclesia sine maxima urgentissima causa ab Episcopo approbanda I have delivered the whole Chapter intire because I would deal clearly Afterwards in the ninth Chapter I read preaching to be part of their Duty Concionem habeat Decanus in Ecclesia Cathedrali singuli diebus dominicis Thus their Office is declared to be these Particulars following 1. To rule and order the Church and to
said Propositions and Designs which said Propositions Designs and Consultations the said Henry Wilmot c. did not discover but consented to the same Resolved c. That the said Henry Wilmot William Ashburnham Hugh Pollard Sir John Berkley and Daniel Oneal being afterwards Lawfully Examined in Parliament upon their Oaths touching the Premisses did wholly deny the same and the said Sir John Berkley and Daniel Oneal being thereupon questioned did fly for the same The further Debate of this matter was put off until Wednesday at 8 of the Clock Munday July 26. Bill for Northern Counties passed the Lords Lord Majors Case about Electing one Sheriff c. heard The Earl of Bath Reported the Bill for securing of Mony to the Northern Counties c. And being put to the Question it was Resolved to pass The Petition of the Lord Mayor and Aldermen of London and the Petition of the Commonalty of the said City were read and after Councel on both sides had had a full hearing concerning the Election of a Sheriff and other Officers the House of Lords taking the whole business into consideration Ordered That this Cause should be determined on Saturday morning next in case the Lord Mayor and the Commonalty did not agree and compose the matter in Question in the mean time This was a very perplexing Case at this time for the Parliament were about to borrow 40000 l. of the City to disband the Armies and if the Cause had been determined either way in probability it would have given a stop to that Affair but more especially if it had been decided in favour of the Lord Mayor and Court of Aldermen who could not easily have raised that Sum without the Assistance of the most wealthy of the Commonalty The Lord Chamberlain signified to the House Letters about the Army That he had received divers Letters from the Lord General which he thought fit to acquaint the House with As a Letter desiring to know a certain day for disbanding of both Armies Likewise a Letter sent to the Lord General from the Gentlemen in the Bishoprick of Durham complaining of the burthen of the Soldiers there And also a List of the Number of the Five Regiments which are disbanded being 5817 Men All which being read the Lord Chamberlain had leave from this House to Communicate them to the House of Commons Tuesday July 27. Petition out of Oxfordshire against Bishops A Petition of the Ministers and People of Oxfordshire and Barkshire against Bishops was this day read in the Commons House and referred to the Committee for the Ministers Remonstrance A Message from the House of Commons by Sir John Culpeper 7 Bills brought up by Sir John Culpeper who brought up Seven Bills which had passed that House Viz. 1. An Act for the declaring unlawful and void the late proceedings touching Ship-mony and for vacating of all Records and Process concerning the same 2. An Act for the preventing of vexatious proceedings touching the Order of Knighthood 3. An Act for the free bringing in of Gun-Powder and Salt-Petre from forreign Parts and for the free making of Gun-Powder in this Realm 4. An Act to settle the Mannor of Belgraves and other Lands in the County of Leicester to and upon William Byerley Esq his Heirs and Assigns for and towards the payment of the Debts of William Davenport Esq Deceased 5. An Act to enable Sir Alexander Denton Knight to sell the Mannor of Barvard alias Barford St. Michael and other Lands in this present Act mentioned for the payment of his Debts and preferment of his younger Children 6. An Act for Alteration of the Estate and Tenure of some Lands within the Parish of Fulham in the County of Middlesex held of the Lord Bishop of London as of the Mannor of Fulham 7. An Act for the making of the Chappel of Hoole in the County of Lancaster a Parish Church and no part of the Parish of Crosston  l. s. d. Sir John Hotham Reports Report of the Charge of the Armies That to disband the Army requires 242619 11 03 Toward which there is paid 152119 11 03 Remains to be provided 90500 00 00 The Charge of the Garrisons 40000 00 00 Total 130500 00 00 When the Earl of Warwick hath Received and Paid the 50000 00 00 There will Remain due to the Scots 53000 00 00 Besides the Remainder of the Brotherly assistance 80000 00 00 Total due to the Scots 133000 00 00 The Engrossed Bill for Confirmation of His Majesties Letters Patents to the Town of Plymouth Plymonth Bill passed and for dividing the Parish and building a new Church there was read the Third time in the Lords House and being put to the Question it was Resolved to pass as a Law Then the Speaker signified Message from the King to the Lords about Commissions in his absence That His Majesty Commanded him to acquaint their Lordships that because he intends his Journey tawards Scotland upon Monday come Sevennight and in regard that in his absence heretofore he hath left behind him Two Commissions the one directed unto the Lords of the Privy Council for ordering of the Affairs of State and the issuing out of Proclamations upon Emergent Occasions and the other Authorising a Person of Honour to be Captain General for the levying of Forces on this side Trent if there should be any necessity for the safety of the Kingdom His Majesty now thinks it fit to issue out the like Commissions for the said Publick Services in his absence with some Variations and Omissions according to the Occasions and hath named the Lord Chamberlain to be Captain General on this side Trent but His Majesty would execute nothing therein until he had made the same known to both Houses of Parliament desiring their Concurrence and Assistance in all his great Affairs Further it was signified from His Majesty That the Spanish Ambassador did send a Writing unto His Majesty wherein he presseth His Majesty for some of the Irish Companies lately disbanded to be employed in the Service of the King of Spain and that His Majesty hath Commanded that the said Writing shall be Communicated to both Houses of Parliament and he desires their Advice therein Upon which a Conference was desired by the Lords at which the Lords declared their Resolution That they would do nothing in it till Three Points were cleared First That the Ambassadour should set down the particular number of Men he desires Secondly The time When. Thirdly The manner How and the Place from Whence he intends to Transport the Soldiers Mr. Hambden made a Report from the Earl of Pembroke Mr. Hambden Reports the Letter from the Queen of Bohemia That he had received Letters from the Queen of Bohemia wherein she gave humble thanks to the Parliament for their Regard and Consideration of her There was also another Letter read from the Earl of Holland to desire That both Armies might be disbanded together for
shut up and they returned back to the place from whence they fled 6. That the Decree 40 Eliz. Imprinted inter alia for the relief of the Poor who are driven to live by Begging or to be relieved by Alms and have been taken into new erected Tenements and divided Houses be taken into consideration during the time of Infection and the Landlords of such Tenements to be rated according to the said Decree with the Parishioners where such Buildings and Divisions are as if they were dwelling in the said Parish for that otherwise the said Buildings will be an insupportable charge to the Parish and the poor people turned out into the streets in this time of Infection 7. That the pavements in the streets be made sufficient and so continued the Kennels kept sweet and clean the Soil of the said Streets to be carried away and all annoyances to be removed and such Inhabitants as shall refuse to pay the reasonable Rates Assessed on them for payment of the Scavengers which shall cleanse and carry away the Soile be distrained by their Goods for the payment thereof 8. That if any person shall turn out of their Houses any Servant or Lodgers being sick power to be given to the Magistrate or Officer to put them in their said House again or otherwise the said persons to provide sufficient maintenance for them and upon refusing so to do being able persons to distrain the Goods of such persons for the discharge that shall so turn them out of doors 9. If by order of the Magistrate any persons visited and removed out of their House or Lodging to the Pest-House or other place when they be recovered and in perfect health the said Magistrate to have Power and full Authority to return and settle the said persons in their Houses or Lodgings from whence they were so taken out without contradiction of their Landlords or any others 10. That all such Magistrates or other persons that shall be trusted with this Service may be enabled to do all other things necessary and pursuing the Execution of these Orders as occasion shall require and be out of the danger of misconstruction seeing they hazzard their particular safeties to provide for the Publick The Lord Privy Seal reported the Conference with the House of Commons concerning Raising and Transporting Forces out of His Majesties Dominions where this Paper was read Intituled The Conference between the Lords and Commons concerning Levies for forreign Princes Sept. 9 1641. Instructions agreed by the Lords and Commons in Parliament upon the Ninth day of September 1641. To be sent to the Committees of both Houses now attending His Majesty at Edinburgh WHereas we have received Information from you as likewise from Mr. Secretary Vane concerning the Complaint of the Spanish Ambassador about the stay of 4000 Men to be raised in His Majesties Dominions and Ships for Transporting the same You shall in the Name of both Houses of Parliament humbly present the true state of proceeding in Parliament concerning that business in this manner When His Majesty was pleased to acquaint both Houses with the desire of the French and Spanish Ambassadors to Transport Forces out of England and Ireland His Majesty did withal graciously express his Resolution not to consent to these desires without the consent of his Parliament Both Houses have search't their Journals and find by them that not only they never made any expression of such a Consent as they can make no such but by Order but that both Houses have by Vote declared their Opinions to the contrary and have inclosed the Copy of those Votes That the Parliament cannot but wonder that any person should presume to inform His Majesty that they had made any such Expression having made no such Vote which they conceived to be destructive to the Proceedings and contrary to the Priviledge of Parliament And this being the state of the matter of Fact the Parliament doth no less wonder and conceives it an high injury to them that the Spanish Ambassador should offer a Complaint of them to His Majesty for doing of that which His Majesty having referred the consideration of the Ambassadors desires to the Parliament they could not but do without manifest breach of their Duties as Councellors in this His Majesties great Council of Parliament for the Reasons following 1. That the want in which Forreign States stand of Men is such that great use may be made of them by His Majesty and very advantageous Conditions had for them in the making and strengthening of Alliances abroad as his Affairs and Reason of State may require which will be lost as to so many and we fear as to more which under colour of these may be Transported if these Men should be thus parted with 2. That the breeding of Irish Papists in a Forreign War may beget Damage to that Kingdom and Trouble to this especially serving under the King of Spain there being already in his Dominions and in his Armies Fugitives of that Nation and that in great Commands over the Militia of the same 3. That His Majesty having sent an Extraordinary Ambassador to Ratisbone to demand that in this present Dyet that Justice be done to the Electoral House by the House of Austria and likewise published a Manifest by advice of his Parliament declaring that if this be not done by them with whom how the Interests of Spain are involved and interwoven is evident to all Men His Majesty will employ all such Power wherewith God hath enabled him both by his own Arms and the assistance of all his Allies to vindicate his Honour the Parliament conceives That before Answer be made to this so just demand it is neither Safe nor Honourable for His Majesty to furnish that Prince with Forces which may be a disheart'ning to the Protestant Party abroad a weakning to His Majesty and a strength to his Enemies in case Justice be not done to the Electoral House which they conceive themselves to have the more Cause to doubt by reason of the Publication in Print of the late general Amnesty to the Exclusion of the Prince Palatine Whereupon it was Resolved upon the Question Nemine Contradicente That this House joynes with the House of Commons herein After which an Ordinance was agreed upon not to permit any Forces to be transported for the Service of Forreign Princes which was as followeth Die Jovis 9. Sept. 1641. Thursday Septem 9. An Ordinance was made and agreed upon by the Lords and Commons in this present Parliament The Ordinance against transporting Forces into the Service of any Forreign Prince concerning the Raising and Transporting of Forces of Horse or Foot out of his Majesties Dominions of England and Ireland FOr the Safety and Defence of this Kingdom and for the better enabling of his Majesty to aid and assist his Allies abroad It is Ordered by the Lords and Commons in Parliament That none of his Majesties Subjects shall Treat or Contract
Provinces of Munster and Connaght as also to the Sheriffs of five Counties of the Pale to consult the best way and means of their own preservation That day the Lord Viscount Gormanstoun the Lord Viscount Netterville the Lord Viscount Fitz-Williams and the Lord of Lowth and since the Earls of Kildare and Fingal and the Lords of Dunsany and Slane all Noblemen of the English Pale came unto us declaring That they then and not before heard of the matter and professed all Loyalty to His Majesty and Concurrence with the State but said they wanted Arms whereof they desired to be supplied by us which we told them we would willingly do as relying much on their faithfulness to the Crown but we were not yet certain whether or no we had enough to Arm our strengths for the guarding of our City and Castle yet we supplied such of them as lay in most danger with a small proportion of Arms and Ammunition for their Houses lest they should conceive we apprehended any Jealousie of them and we commanded them to be very diligent in sending out Watches and making all the Discoveries they could and thereof to advertise us which they readily promised to do And if it fall out that the Irish generally rise which we have cause to suspect then we must of necessity put Arms into the hands of the English Pale in present and others as fast as we can to fight for the defence of the State and themselves Your Lordship now sees the Condition wherein we stand and how necessary it is first That we enjoy your Presence speedily for the better guiding of these and other Publick Affairs of the King and Kingdom And secondly That the Parliament of England be moved immediately to advance to us a good Sum of Mony which being now speedily sent hither may prevent the expence of very much Treasure and Blood in a long continued War And if your Lordship shall happen to stay on that side any long time we must then desire your Lordship to appoint a Lieutenant General to discharge the great and weighty burthen of commanding the Forces here Amidst these confusions and disorders fallen upon us we bethought us of the Parliament which was formerly Adjourned to November next and the Term now also at hand which will draw such a concourse of People hither and give opportunity under that pretence of Assembling and taking new Councils seeing the former seems to be in some part disappointed and of contriving further danger to this State and People We therefore found it of unavoidable necessity to Prorogue the Parliament to the 24th day of February next and therefore we did by Proclamation Prorogue it accordingly and do direct the Term to be Adjourned to the first of Hillary Term excepting only the Court of Exchequer for the hastening in the King's Money We desire that upon this occasion your Lordship will be pleased to view our Letters concerning the Plantation of Connaght dated the 24th of April last directed to Mr. Secretary Vane in that part thereof which concerns the County of Monoghan where now these fires do first break out In the last place we must make known to your Lordship That the Army we have consisting but of 2000 Foot and 1000 Horse are so dispersed in Garrisons in several Parts of the four Provinces for the security of those Parts as continually they have been since they were reduced as if they be all sent for to be drawn together not only the Places where they are to be drawn from and for whose safety they lye there must be by their absence distressed but also the Companies themselves coming in so small numbers may be in danger to be cut off in their march nor indeed have we any mony to pay the Soldiers to enable them to march And so we take leave and remain From His Majesties Castle of Dublin 25 Oct. 1641. Your Lordships to be Commanded William Parsons John Borlase Robert Boulton Canc. J. Dillon Anth. Midensis Jo. Raphoe Thomas Rotherham Fra. Willougbly Jo. Ware Ro. Digby Adam Loftus Jo. Temple Gerrard Lowther George Wentworth Ro. Meredith Postscript The said Owen Connelly who revealed this Conspiracy is worthy of great Consideration to Recompence that Faith and Loyalty which he hath so extremely to his own danger expressed in this business whereby under God there is yet hope left us of Deliverance of this State and Kingdom from the wicked purposes of those Conspirators And therefore we beseech your Lordship that it be taken into Consideration there so as he may have a mark of His Majesties most Royal Bounty which may largely extend to him and his Posterity we being not now able here to do it for him William Parsons As we were making up these our Letters the Sheriff of the County of Monoghan and Dr. Teale having fled came unto us and informed us of much more Spoil committed by the Rebels in the Counties of Monoghan and Cavan and that the Sheriff of the County of Cavan joyns with the Rebels being a Papist and Prime Manof the Irish William Parsons Robert Digby John Dillon Adam Loftus Then Sir William Cole's Letter which had given some Light to the Conspiracy was read as followeth Right Honorable UPon Friday last Two of the Natives of this County Sir William Cole's Letter to the Lord Justices of Ireland just before the discovery of the Rebellion Men of good Credit came to my House and informed me that Hugh Boy Mr. Tirlagh Mr. Henry O Neal a Captain which came from Flanders about May last hath since that time had the chiefest part of his Residence in Tyrone at or near Sir Phelem Roe O Neal 's House to which Place it hath been observed there hath been more then an Ordinary or former Vsual resort of People so frequent that it hath bred some Suspition of Evil Intendments in the Minds of sundry Men of honest Inclinations and these Gentlemen my Authors do say that they do hold no good Opinion of it rather construing an evil Intention to be the Cause thereof For my own part I cannot tell what to make or think of it The Lord Maguire in all that time as they inform me also hath been noted to have very many private Journeys to Dublin to the Pale into Tyrone to Sir Phelim O Neals and many other Places this Year which likewise gives diverse of the Country Cause to doubt that something is in Agitation tending to no good Ends. Vpon Saturday last one of the same Gentlemen came again to me and told me that as he was going Home the Day before he sent his Footman a nearer Way then the Horse Way who met with one of the Lord Inskillins Footmen and demanded of him from whence he came Who made Answer That he came from Home that Morning and the other replying said You have made good hast to be here so soon to which he answered That his Lord came Home late last Night and writ Letters all
mercy but I declare good People before God and his Holy Angels and all of you that hear me that I never had any Commission from the King for what I have done in Levying or Prosecution of this War and do heartily beg your Prayers all good Catholicks and Christians that God may be merciful unto me and forgive me my sins More of his Speech I could not hear which continued not long the Guards beating off those that stood near the place of Execution All that I have written as above I declare to be true and am ready if thereunto required upon my Corporal Oath to attest the truth of every particular of it And in Testimony thereof do hereunto Subscribe my Hand and affix my Seal this 28th day of February 1681. John Ker Locus Sigilli Nor will it appear at all strange to Posterity that those Infamous Usurpers of the Presbyterian and Indepenent Faction of the Parliament who afterwards Murthered his Sacred Person should attempt to Assasinate the Fame and Honour of that Royal Martyr but when under the Just and Easie Government of the Son of that Father persons who seem extremely solicitous for the Truth and to deliver the most impartial account of those Affairs to Posterity shall adventure to dip their Pens in the same Ink and revive the old sleeping Calumnies and Insinuations it will be absolutely necessary by way of precaution to future Ages to set some Mark upon them and to do Justice to the Memory especially of that Injured and Oppressed Prince by clearing it from these false and unjust Aspersions lest otherwise he should again suffer a Martyrdom in his Innocent Memory and after times come to entertain suspicions that the Crimes objected against him were not altogether Groundless since they find them supported by those who seem to have espoused his Interest and who make such fair pretensions to exact Truth in the Relation of this Horrid Rebellion I will not insist upon a late Paper which hath already received the marks of His Majesties just displeasure for insinuating a Scandalous Reflexion upon his Royal Father in affirming That the Committees of the Parliament of Ireland were in at the Intrigues of the Popish Faction at Court which words however endeavoured to be palliated with a Restriction only to the Papists who without employes of Ministers or Privy Councellors followed the Court contrary to Law yet in the Natural import must signifie a Managing Plotting and Designing People to whom for their Interest and Power the Committees made this Application and what ever Construction Loyal Subjects may make of such Words the Turbulent and Factious always by Faction at Court understand those Ministers of State and Privy Councellors whom they according to the Liberty they take are wont to call also Evil Councellors Popish Councils of which it is easie to give a Thousand Instances and how dangerous such Reflexions are to the Government his late Majesty sufficiently felt and his Son our Royal Sovereign hath had just ground to fear and the more when they are propagated by persons whose Station gives them a Popular Credit and evil disposed persons will be apt to draw inferences from such Authorities to support the dangerous Calumny against the Court of the Son of which the Fathers is how falsely soever Accused But though I insist not upon this Books of that bigness being not long lived in the World especially when so marked by publick reprehension yet I cannot pass by what a late Historian whose Works are more likely to survive the present and some future Ages has upon this subject interspersed to the Scandal of his late Majesty and one of his most Faithful and Loyal Subjects his Lord Lieutenant of Ireland the then Marquess now Duke of Ormond whose generous fidelity to the Crown of England and constant services to the Church and State the Protestant Religion and Interest and his wise conduct of the Affairs of Ireland with which he hath been so successfully entrusted by his Royal Master might have expected a far better treatment then now when the signal hand of Providence hath as a Recompence of his Loyalty and Sufferings conducted his Grace to an Age of Glory to raise new storms of Detraction against his Reputation and Honour even when he seems to have come to an Anchor in the Favour of his Prince and the esteem of all good and faithful Subjects to the Crown The History though his name is not affixed to the Title Some Animadversions upon Dr. Borlase's History of the Execrable Irish Rebellion goes generally under the name of Dr. Borlase's and if it be so Dr. Borlase must excuse me if I take the liberty to affirm that he has not followed Old Tully's Honourable Character of an honest Historian Ne quid falsi audeat dicere of which I think he hath not only failed in many particulars but again raised up the Spirit of Detraction Of the Good Old Cause to persecute the Ashes of the Illustrious Martyr and wound the future Honour of his most faithful Ministers I do not intend to write a solemn Confutation of his Book and more then that I do think it in many things true and so useful that I shall make use my self of such Authorities in it as are fortified by Truth but I must still have freedom to dissent from him wherever hereafter I find him discrepant from Truth I shall only in this place in short take notice of some few passages wherein he seems not only to swim down the Popular Torrent of the Calumnies of the late times of Usurpation but to bring the Stream of his own Sentiments and Reasonings to supply that Channel which was so near dry as to be almost Fordable by the most indifferent Understandings in the Transactions of the late Troubles and in my Opinion are of so dangerous Consequence to the raising of new ones that nothing but an ingenuous Confession of not attending to the Consequences of reviving and promoting such insinuations can make any tolerable excuse for the mischiefs they may do and an indeavour to prevent them by making the acknowledgment of the mistakes as publick as the mistakes are dangerous But since as I lately am informed the Author is by his Death put out of the possibility of making that Reparation to the Government I think it of absolute necessity to shew the World those mistakes which surviving in his Writings if not detected may do more mischief after his Death then his publick Recanting and Retracting of them could have done Justice to the injured Memory of his late Majesty his Ministers and Government had he lived and been so ingenuous as to do it And first He seems to stumble at the very Threshold of his Work in matter of Fact which is but an Ominous setting out for an Historian and must be either out of Ignorance or Design either of which are very ill Ingredients towards the composing a History An instance of which in the very first Page
found guilty of them be punished Yet we may not omit although no motive whatsoever could justifie their Vndertakings to represent That before they fell from their Obedience to the Government Sir William Parsons one of the Lords Justices that supplied the Deputy's place at a publique Entertainment before many Witnesses did positively declare That within a Twelvemonth no Catholick should be seen in Ireland Many hands were sought and Thousands were found to subscribe a Petition tending to the introducing a severe Persecution against Catholiques who were the far greater number of the Inhabitants of Ireland and the menace of an Invasion of a Scottish Army of which men did at that time frequently discourse bred frightful apprehensions So as these and other Grounds of suspition being improved by such among them whose particular Interests could be most favoured and better advanced in Vnquiet Times laid the Foundation of that Rebellion But even those Men and at that time when the Lords Justices did not appear to be prepared for Resistance by their Remonstrance humbly begg'd their Grievances might be redressed by the Advice of the Two Houses of Parliament then met at Dublin But the Lords Justices who by their Words and Actions not only Expressed their unwillingness to stop the farther growth of these Distempers but meant to increase them and were often heard to wish That the Number were greater of such as became Criminal by Proroguing the Parliament made them Desperate However the Nation by their Representatives in the two days which were only allowed them to Sit husbanded their time so as to leave to Posterity a Monument of their aversion to such attempts by declaring That those men had Trayterously and Rebelliously taken Arms and offering to employ their Lives and Fortunes in reducing them to their Obedience if they might be permitted then to Sit. But this was denyed them and by a strange change from the Ancient Form of Government a Parliament then Sitting was Prorogued whereas our Ancestors upon a far less occasion then quieting of so high distempers were usually called upon to Assist the King with their Advice To this may be added That the Earl of Ormond proposed at the Council-Board the raising of 5000 Men in the space of Three Weeks if he might be authorised so to do with which Strength he undertook to dissipate those then weak beginnings of the Ensuing Mischiefs and to prevent their farther growth but was refused it so as thus far we may observe who they were that widened the Wound instead of stanching the Blood This Foundation being thus laid that which at first was but a spark and might be easily quenched began to Flame And freedom of Rapine having suddenly drawn Numbers together the unrepress't Conspirators became a Formidable Army and besieged Tredah passing the River of Boyne which was the Rubicon of the Pale and had in all former Rebellions been maintained with their blood by those antient English Colonies planted there Now it was that the Times began to favour the Design of the Lords Justices and their Party in the Council which was as forward as they to foment the Distractions for the Ulster Army lying in the Bowels of the Country the Forces being not yet come out of England and the Natives themselves both unarm'd and distrusted by the State they were forced at first by their Regular Contribution to prevent the desolation which would have followed their refusal to supply them Hereupon such Contributors began to be looked upon and Character'd as Men fallen from the Government And a Party that was sent from Dublin having killed at Santry but three Miles distant from thence some innocent Husband-men among whom there was two Protestants and carried their heads as in Triumph to the City the neighbour Inhabitants alarm'd thereat had recourse to such Weapons as first came to hand and gathered in a Body whereupon the Lords Justices set forth a Proclamation in Nature of a safe Conduct by which these so in Arms and Mr. King of Clantarffe by special name had five days respite to come in and present their Grievances But before three Nights of the time prefixed were Expired Mr. King 's House was Pillaged and Burnt by direction of the Lords Justices Not long after supplies being arrived out of England and the Siege of Tredagh Raised and consequently the force removed which necessitated the Inhabitants to comply with the Ulster Army the Nobility and Gentry of the Pale prevailed with Sir John Read His Majesties Sworn Servant a stranger to the Country un-engaged and an Eye-witness of their proceedings then upon his Journey to England to take the pains to present their Remonstrance to His Majesty and to beg Pardon for what they were thus compelled to Act. But he poor Gentleman coming to Dublin was apprehended and not concealing the Message intrusted with him was put to the Rack the most part of the Questions which were then asked him in Torment being no other then such as might lead him to accuse the King and Queen to be Authors and Fomenters of that Rebellion Moreover the Two Houses of Parliament in England for the better inducing the Rebels to repent of their wicked attempts commended to the Lords Justices according to the Power granted them in that behalf to bestow His Majesties Gracious Pardon to all such as within a Convenient time c. should return to their Obedience The Lords Justices notwithstanding such Order and His Majesties Gracious Pleasure signified to that effect by their Proclamation dated in November 1641 limited such His Majesty's and the Parliament's of England their favourable and general intentions to the Inhabitants of a few Counties provided always they were not Free-holders and afforded them no longer time then Ten days after the Proclamation to receive benefit thereby But notwithstanding these Restrictions the Lord of Dunsany Sir John Netervill Patrick Barnewal of Kilbrue and many others who had notice of His Majesties Gracious Inclination towards the Nation and the Parliament of England 's Order in favour of them submitted to the Lord Marquess of Ormond then Lieutenant General of His Majesties Army who recommended them to the Lords Justices intimating that the good Vsage to be Extended to them would have an Influence on many others and be a great Motive to quiet the Distempers which then began to spread But the Lords Justices whose Design was not to be carried on by Mercy and Indulgence to prevent Submissions Imprisoned and Indicted by a Jury which did not consist of Freeholders those so Submitting and put the said Mr. Barnewal of the Age of 66 years to the Torture of the Rack This notwithstanding the Noblemen and Gentry inhabiting the Country next to Dublin applied themselves humbly by their Letter to the Lords Justices which when the Earl of Castlehaven a Nobleman of English Birth who freely before that time had access to Dublin came to present he was made a Prisoner Wherefore when the Nation observed That their advice in
Parliament Assembled not for any Doubt or Ambiguity which may be conceived or thought of for or concerning the Premisses nor of the ensuing Questions But for the manifestation and declaration of the Clear Truth and of the said Laws and Statutes already planted and for many Ages past settled in this Kingdom the said Knights Citizens and Burgesses do therefore pray That the House of the Lords may be pleased to Command the Judges of this Kingdom forthwith to declare in Writing their Resolutions of and unto the ensuing Questions and subscribe to the same Quest 1. WHether the Subjects of this Kingdom be a Free People and to be Governed only by the Common Laws of England and Statutes of Force in this Kingdom 2. Whether the Judges of this Land do take the Oath of Judges And if so Whether under pretext of any Act of State Proclamation Writ Letter or Direction under the Great or Privy Seal or Privy Signet or Letter or other Commandment from the Lord Lieutenant Lord Deputy Justice Justices or other Governor or Governors of this Kingdom they may hinder stay or delay the Suit of any Subject or his Judgment or Execution thereupon If so in what Cases And whether if they do hinder stay or delay such Suit Judgment or Execution thereupon what Punishment did they incur for their deviation or transgression therein 3. Whether the Kings Majesties Privy Council either with the Chief Governor or Governors of this Kingdom or without him or them be a Place of Judicature by the Common Laws and wherein Causes between Party and Party for Debts Trespasses Accompts Possessions or Title of Lands or any of them And which of them may be heard and determined and of what Civil Causes they have Jurisdiction and by what Law And of what Force is their Order or Decree in such Cases or any of them 4. The Like of the Chief Governor alone 5. Whether Grants of Monopolies be warranted by the Law and of what and in what Cases and how and where and by whom are the pretended Transgressors against such Grants punishable and whether by Fine Mutilation of Members Imprisonment Loss and Forfeiture of Goods or otherwise and which of them 6. In what Cases the Lord Lieutenant Lord Deputy or other Chief Governor or Governors of this Kingdom and Council may punish by Fine Imprisonment Mutilation of Members Pillory or otherwise And whether they may Sentence any to such the same or the like punishment for infringing the Commands of or concerning any Proclamation of and concerning Monopolies and what punishment do they incur that Vote for them 7. Of what Force is an Act of State or Proclamation in this Kingdom to bind the Liberties Goods Possessions or Inheritance of the Natives thereof whether or any of them can alter the Common Law or the Infringers of them loose their Goods Chattels or Leases or forfeit the same by Infringing any such Act of State or Proclamation or both And what punishment do the sworn Judges of the Law that are Privy Councellors incur that Vote for such Act and Execution thereof 8. Are the Subjects of this Kingdom subject to the Martial Law And whether any man in time of Peace no Enemy being in the Field with Banners displayed can be Sentenced to death If so by whom and in what Cases If not What Punishments do they incur that in time of Peace execute Martial Law 9. Whether Voluntary Oaths taken freely before Arbitrators for Affirmance or Disaffirmance of any thing or for the true performance of any thing be punishable in the Castle-Chamber or any other Court and why and wherefore 10. Why and by what Law or by what Rule of Policy is it that none is admitted to Reducement of Fines or other Penalties in the Castle-Chamber or Council Table untill he confess the Offence for which he is Censured when as Revera he might be innocent thereof tho suborned Proofs or Circumstances might induce the Censure 11. Whether the Judges of the Kings-Bench or any other Judge of Gaol-Delivery or of any other Court and by what Law do or can deny Copies of Indictment of Felony or Treason to the Parties accused contrary to Law 12. What Power have the Barons of the Court of Exchequer to raise the Respite of Homage arbitrarily to what Rate they please to what Value they may raise it by what Law they may distinguish between the Respit of Homage upon the diversity of the true value of the Fees when as Escuage is the same for great and small Fees and are apportionable by Parliament 13. Whether it be Censurable in the Subjects of this Kingdom to repair into England to appeal to his Majesty for Redress of Injuries or other Lawful Occasions If so why and in what Condition of Persons and by what Law 14. Whether Deans or other Dignitaries of Cathedral Churches be properly and de Mero jure Donative by the King and not Elective or Collative If so Why and by what Law And whether the Confirmation of a Dean de Facto of the Bishops Grant be good or valid in Law or no If not by what Law 15. Whether the issuing of Quo Warranto's out of the Kings-Bench or Exchequer against Boroughs that antiently and recently sent Burgesses to the Parliament to shew Cause why they sent Burgesses to the Parliament be Legal If not what punishment ought to be inflicted upon those that are or have been the Occasioners Procurers and Judges of and in such Quo Warranto's 16. By what Law are Jurors that give Verdict according to their Conscience and are the sole Judges of the Fact Censured in the Castle-Chamber in great Fines and sometime Pillored with loss of Ears and bored through the Tongue and marked sometimes in the Forehead with an Hot Iron and other like Infamous Punishments 17. By what Law are men Censurable in the Castle-Chamber with the Mutilation of Members or any other Brand of Infamy and in what Cases and what punishment in each Case there is due without Respect to the quality of the Person or Persons 18. Whether in the Censure in the Castle-Chamber Regard be to be had to the words of the Great Charter viz. Salvo Contenemento c. 19. Whether if one that steals a Sheep or commits any other Felony and after flyeth the Course of Justice or lyeth in Woods or Mountains upon his keeping be a Traytor If not whether a Proclamation can make him so 20. Whether the Testimony or Evidence of Rebels Traytors Protected Thieves or other infamous Persons be good Evidence in Law to be pressed upon the Tryals of Men for their Lives or whether the Judge or Jurors ought to be Judge of the matter in Fact 21. By what Law are Fairs and Markets to be held in Capite when no other express Tenure is mentioned in his Majesties Letters Patents or Grants of the same Fairs and Markets Altho the Rent or Yearly Sum be reserved thereout 22. Whether it stands with the Integrity of the
come in further Agitation and discussion in this Honourable House 9. Lastly The Judges Opinions are not usually call'd upon in Parliament but when upon Debate great and difficult Points in Law do arise where this most Honourable doth think fit to Command their Opinions but no Resolutions do belong unto the said Judges in Parliament but unto your Lordships yet in the Front and Preamble of the said Questions the Resolution of the said Questions by the Judges is forthwith desired to be required by your Lordships in Writing Although the first Question Viz. Whether the Subjects of this Kingdom c. be positively resolved by the Preamble to the said Questions in which it is likewise declared That the said Judges Answers thereunto are not desired For any Doubt or Ambiguity which may be conceived or thought of for or concerning the Premisses nor of the said Questions but for Manifestation and Declaration of a clear Truth and of the Laws and Statutes already planted and setled in this Kingdom And they conceive it is impossible to make any Manifestation or Declaration of Law or Statutes which may hold or be useful upon such general Questions as most of these are namely by what Laws in what Cases of what Power of what Force How Where and Why by Whom Wherefore what punishment by what Rule of Policy in what Condition of Persons In regard that the next succeeding Judges may be of another Opinion and that a Circumstance may alter the Reason of the Law in many particular Cases which the Wit of Man is not able to foresee or give a general Rule in And they say That to give any satisfaction to your Lordships or the Honourable House of Commons would make up a great Volume and require far more time then your Lordships have afforded unto the said Judges considering their great Toyl in the Circuits the last long Vacation their other Employments in the Common-wealth at their daily Attendance on your Lordships in Parliaments and in ordering Courts of Justice and yet lest they may seem to come any way short in performance of that Duty which they confess to be due unto your Lordships or be wanting in promoting and advancing the Good of the Common-wealth which they believe to be aimed at by the said Questions though it may seem to draw Damage or Prejudice upon their Particulars They do in all humbleness present unto your Lordships the ensuing Answers unto the said Questions which is as much as by their Oaths or in their Duty they owe unto His Sacred Majesty before his Princely pleasure be therein signified they can answer thereunto TO the First they Answer That the Subjects of this Kingdom are a Free People and are for the general to be Govern'd only by the Common Laws of England and Statutes of Force in this Kingdom yet they say That as in England many Statutes are grown obsolete and out of use and some particular Ancient Laws as well in Criminal as Civil Causes have been changed by Interpretation of the Judges there as they found it most agreeable for the general Good of the Common-wealth and as the Times did require it so our Predecessors the Judges of this Kingdom as the Necessity of the Times did move them did declare the Law in some particular Cases otherwise then the same is practised in England which the now Judges cannot alter without apparent diminution of a great part of His Majesties standing Revenue and opening a Gap for the shaking and questioning the Estates of many of His Majesties Subjects and the overthrowing of several Judgments Orders and Decrees which depend thereupon For Example If it be found by Office of Record sufficient for Form That a Man was killed in actual Rebellion and at the time of his Death he was seised of Lands Hereditaments Goods or Chattels by the constant Declaration of Law and Practise in former times here the Crown was Intitled to such Lands Goods and Chattels and many Mens Estates depend thereupon and yet the Law is not so taken in England So If one or more commit Felony and then stand out upon his or their keeping and he or they will not submit themselves to be tryed by the Law but being in that Case do rob or spoil and terrifie His Majesties People whereby the Country is disquieted This by the constant Opinion of our Predecessors in this Kingdom hath been adjudged a Levying of War within the Statute of 25 E. 3. and so consequently Treason Also by the common received Opinion and Practice of this Kingdom the Wife is to have a Third of all the Goods and Chattels and Credits of her Husband the Debts being paid although he dispose of all by his Will from her And yet the constant Practise is otherwise in England And other Instances of that kind might be made so that that word Only must receive a benign Exposition before the first Question can receive a general Answer in the Affirmative Secondly Many Causes of great Weight and Consequence in this Kingdom are to be Decreed and Ordered by Equity in the proper Courts of Equity and in Course of State at the Council Board and by particular Customes not contrary to Law for which the Common Law and Statutes of Force in this Kingdom gave no Remedy Thirdly There are several other Laws of Force in England and Ireland so far as they have been received which though some would have to be part of the Common Law of England yet we find them particularly distinguished from it in our Printed Books and Parliament Rolls in England As Lex Consuetudo Parliamenti jura Belli Ecclesiastical or Canon Law in certain Cases Civil Law in some Cases not only in Ecclesiastical Courts but in the Courts of Constable and Marshal and of the Admiralty and upon particular occasions in other Courts Lex Mercatoria c. 2. To the Second they say That the Judges of this Kingdom do take the Oath of Judges which Oath is specified amongst the Statutes in 18 E. 3. And is afterwards explained by the Stat. of 20 E. 3. And that they may not stay hinder or delay the Suit of any Subject or his Judgment or Execution thereupon otherwise than according to the Law and Course of the Court when they Sit under pretence of any Act of State Proclamation Writ Letter or Direction under the Great or Privy Seal or Privy Signet or Letter or other Commandment Lord Lieutenant Lord Deputy Justice Justices or other Chief Governors of this Kingdom most of which doth appear by their Oath expressed in the Statutes and the Statute of 20 E. 3. c. 8. And the Statute of 20 E. 3. c. 2. as to the Barons of the Exchequer And that as they know no Punishments due to Judges for their Deviations and Transgressions without other Aggravation so they know no punishment laid down by any Law against them for their Deviations and Transgressions in hindering staying or delaying of Justice contrary to their said Oath
according to the Command thereof upon due and convenient notice thereof given to him at the Charge of the Party or Parties who requireth or procureth such Writ or Writs and upon Security by his or their own Bond or Bonds given to pay the Charge of carrying back the Prisoner or Prisoners if he or they shall be commanded by the Court to which he or they shall be brought as in like Cases has been used such Charges of bringing up and carrying back the Prisoner or Prisoners to be always ordered by the Court if any Difference shall arise there about bringing or cause to be brought the Body or Bodies of the said Party or Parties so committed or restrained unto and before the Judges and Justices of the said Court from whence the same Writ or Writs shall issue in open Court and shall then likewise certify the true Cause of such his or their Deteinors or Imprisonment and thereupon the Court after such Return made and delivered in open Court shall proceed to examine and determine whether the Cause of such Commitment appearing upon the said Return be just and legal or not and shall thereupon do what to Justice shall appertain either by Delivering Bailing or remanding the Prisoner or Prisoners 7. Quest Of what Force is an Act of State or Proclamation in this Kingdom to bind the Liberty Goods Possessions or Inheritance of the Natives thereof whether they or any of them can alter the Common Law or the Infringers of them loose their Goods Chattels or Leases or forfeit the same by Infringing any such Act of State Proclamation or both And what punishment do the sworn Judges of the Law that are Privy Councellors incur that Vote for such Acts and Execution thereof Declarat An Act of State or Proclamation in this Kingdom cannot bind the Liberty Inheritance Possession or Goods of the Subjects of the said Kingdom nor alter the Common Law and the Infringers of any such Act of State or Proclamation ought not to forfeit Lands Leases Goods or Chattels for the infringing of any such Act of State or Proclamation and the Judges of the Law who do vote for such Acts of State or Proclamation are punishable as Breakers and Violators of their Oaths of Judges 8. Quest Are the Subjects of this Kingdom subject to the Martial Law And whether any man in the time of Peace no Enemy being in the Field with Banners displayed can be Sentenced to death If so by whom and in what Cases If not What Punishments do they incur that in time of Peace execute Martial Law Declarat No Subject of this Kingdom ought to be Sentenced to Death or Executed by Marshal Law in time of Peace and if any Subject be so Sentenced or Executed by Marshal Law in time of Peace the Authors and Actors of any such Sentence or Execution are punishable by the Law of the Land for their so doing as Doers of their own Wrong and contrary to the said Law of the Land 9. Quest Whether Volantary Oaths taken freely before Arbitrators for Affirmance or Disaffirmance of any thing or for the true performance of any thing be punishable in the Castle-Chamber or any other Court and why and wherefore Declarat No Man ought to be punished in the Castle-Chamber or any other Court for taking a Voluntary Oath before Arbitrators for affirmance or disaffirmance of any Thing or the true Performance of any thing in Civil Causes nor are the Arbitrators before such Voluntary Oath shall be taken Punishble 10. Quest Why and by what Law or by what Rule of Policy is it that none is admitted to Reducement of Fines and other Penalty in the Castle-Chamber or Council Table untill he confess the Offence for which he is Censured when as Revera he might be innocent thereof tho suborned Proofs or Circumstance might induce a Censure Declarat By the Laws and Statutes of the Realm no Man is bound or ought to be compelled to acknowledg the Offence laid to his Charge or the justness of any Censure past against him in the Castle-Chamber or at the Council Table nor ought to be deteined in Prison or abridged of his Liberty or the Reducement of his Fine stayed or delayed until he doth acknowledg such Offence or the justness of such Censure And it is further declared That no such inforced or wrested Confession or Acknowledgment can or ought to debar or hinder any Subject from his Bill of Reversal or Review of any Sentence or Decree past or conceived against him in the Castle-Chamber or in any other Court 11. Quest Whether the Judges of the Kings-Bench or any other Judges of Goal-Delivery or of any other Court and by what Law do or can deny the Copies of Indictments of Felony or Treason to the Parties accused contrary to the Law Declarat The Judges of the Kings-Bench or Justices of Goal-Delivery or the Judges of any other Court ought not to deny Copies of Indictments of Felony or Treason to the Parties indicted 12. Quest What Power have the Barons of the Court of Exchequer to raise the Respite of Homage arbitrarily to what Rate they please to what Value they may raise it by what Law they distinguish between the Respit of Homage upon the diversity of the true value of the Fees when as Escuage is the same for great and small Fees and are apportionable by Parliament Declarat The Barons of the Exchequer ought to raise the Respite of Homage above the usual Rates appearing in and by the Course and Precedents of the Court continued until the year of our Lord God 1637 and the raising thereof since that time was Arbitrary and against the Law And the Barons of the Exchequer ought not to distinguish between the Respite of Homage upon any diversity of the true values of the Knight's Fees 13. Quest Whether it be Censurable in the Subjects of this Kingdom to repair into England to appeal to his Majesty for Redress of Injuries or for other Lawful Occasions If so for why and in what Condition of Persons and by what Law Declarat The Subjects of this Kingdom may lawfully repair into England to appeal to his Majesty for Redress of Injuries and for other their Lawful Occasions and for their so doing ought not to be punished or questioned upon the Statute of 5 R. 2. nor by any other Law or Statute of Force in this Kingdom eminent Officers and Ministers of State Commanders and Soldiers of his Majesties Army the Judges and Ministers of his Majesties Courts of Justice and of his Highness Revenue and Customs whose Attendance is necessarily requisite by the Laws and Statutes of the Realm only excepted 14. Quest Whether Deans or other Dignitaries of Cathedral Churches be properly and de Mero jure Donative by the King and not Elective or Collative If so Why and by what Law And whether the Confirmation of a Dean de Facto of the Bishops Grant be good or valid in Law and no If not by what Law
a Convenient time to be declared by the Lord Lieutenant Lord Deputy or Lords Justices and Councel of that Kingdom shall return to their due Obedience the greatest part whereof they conceive have been seduced upon false Grounds by cunning and subtile Practices of some of the most malignant Rebels Enemies to this State and to the Reformed Religion and likewise to bestow such Rewards as shall be thought fit and published by the Lord Lieutenant Lord Deputy or Lords Justices and Council upon all those who shall arrest the persons or bring in the Heads of such Traytors as shall be personally named in any Proclamation published by the State there And they do hereby Exhort and Require all his Majesties loving Subjects both in this and that Kingdom to remember their Duty and Conscience to God and his Religion and the great and Eminent Danger which will involve this whole Kingdom in General and themselves in Particular if this abominable Treason be not timely suppressed and therefore with all Readiness Bounty and Chearfulness to confer their Assistance in their Persons or Estates to this so important and necessary a Service for the Common Good of all The Letter to be sent along with this Declaration was in these words MY Lords Justices The Letter from the Speakers of both Houses to the Lords Justices of Ireland and the rest of his Majesties Council of his Majesties Kingdom of Ireland I have received a Command from the Lords House in this present Parliament to send unto you this inclosed Declaration of the Lords and Commons in Parliament for the better Encouragement of his Majesties Faithful Subjects to unite and imploy themselves in opposing and suppressing the Rebels of this and that Kingdom the publishing whereof I am to commend to your Care and Wisdom and rest c. The Resolutions being again read over the House consented to them and ordered the Lord Keeper to take Care to see them sent to Ireland as also to send Copies of them to his Majesty that he may see the Care of his Parliament in his absence concerning the Affairs of Ireland The Lord Admiral was also Ordered to give Command for the stoping of the Posts towards Ireland Order to stop the Posts towards Ireland upon such as are now going from Flanders into the Kingdom of Ireland It was also Ordered Order to take Care to guard the City against Tumults That the Lord Chamberlain of his Majesties Household Captain General of the South Parts of this Kingdom during his Majesties being out of this Kingdom shall give Order to the Lord Mayor of the City of London to safe guard the said City as there shall be Cause against all Tumults and Disorders that shall happen in or about the said City and the Liberties of the same upon any occasion whatsoever In the Commons House it was upon the Question Resolved That the Conference with the Lords shall be renewed concerning the securing of the Persons of Papists It was also Ordered That a Warrant be drawn to pass both Houses to the Master of the Ordnance for the delivery of the Arms and Powder and Ammunition at Carlisle to the Lord Lieutenant of Ireland or such as he shall appoint This day the Lord Keeper signified to the House of Lords Friday Novemb. 5. That he had received a Letter from the Lord Howard at Edenburgh dated the 30th of October 1641 which was commanded to be read the Effect whereof was THat meeting with the Instructions of the Parliament beyond Anwick in his return to London his Lordship and Mr. Fiennes returned back again to Edenburgh to present them to his Majesty which having done his Majesty told them That for the Business of Barwick be hoped by this time the Parliament had received Satisfaction Concerning the Rebellion in Ireland his Majesty upon the first Notice thereof moved the Parliament of Scotland to take this business into Consideration which accordingly they did and appointed a Committee for this very purpose which made Report whereof a Copy is Enclosed together with a Ratification thereof in Parliament wherein they have testified their Affection and respect to this Kingdom The Report of the Committee in the Parliament of Scotland Rege praesente 28 Octobris 1641. HIS Majesty produced a Letter written to him by the Lord Viscount Chichester anent some Commotions in Ireland The Resolutions of Scottish Parliament concerning the Irish Rebellion which was publiquely read in Audience of the Kings Majesty and Parliament And his Majesty desired that some may be appointed to think upon the Business so far as may concern his Majesty and the Kingdom And the Estates nominated the Lord Chancellor Lord General Lord Lothian Lord Amond the Lardis of Wedderburn Kinhault and Murthill the Commissioners of Edinburgh Glascow and Aire to think upon some Course necessary to be done anent the said Letters and what is incumbent to be done by this Kingdom thereupon and Report again to the Parliament To meet in the General his House this Afternoon at two Hours 28 Octobris 1641. This Day in the Afternoon the Committee above nominated appointed for taking into Consideration the Report of the Commotions in Ireland being met in the Lord Generals House and having read the Letter directed to the King's Majesty from the Lord Chichester Dated at Belfast the 24th of October 1641 hath Considered That his Majesty out of His Wisdom and Royal Care of the Peace of His Kingdoms hath already acquainted the Parliament of England with the Intelligence from Ireland and has sent to Ireland to know the certainty of the Commotions and of the Affairs of that Combination which till it be perfectly known there can be no particular Course taken for Suppressing thereof and the Kingdom of Ireland being dependant upon the Crown and Kingdom of England the English may conceive Jealousies and mistake our Forwardness when they shall hear of our Preparations without thair Knowledg in this whairin they are first and more properly concerned And if the Insurrections be of that Importaince as the British within Ireland are not Powerful enough to Suppress it without Assistance of greater Forces * * Scotish for than nor thair Allies and that his Majesty and Parliament of England shall think our Aid necessary to joyn with thaim We conceive That the Assistance which we can contribute may be in readiness as soon as England and if after Resolution taken by his Majesty with Advice of both Parliaments it shall be found necessary that we give our present Assistance we shall go about it with that speed which may Witness our dutiful Respects to his Majesties Service and our Affections to our Brethren his Majesties Loyal Subjects of England and Ireland 29 Die Octob. 1641. Read in Audience of his Majesty and Estates of Parliament ad futuram rei memoriam as ane Testimony of their Affections to his Majesties Service and the Good of the Neighbor Kingdoms and appoints thrie of the Baronis
Garrisons there and that a convenient Number of Men shall be sent from the North Parts of England for the better Guard and Defence of those Forts and Countries adjoyning and that a large proportion of Arms and other Munition shall be speedily conveyed out of his Majesties Stores to West-Chester to be disposed of according to the Direction of the Lord Lieutenant of Ireland for arming the Men to be sent from England and such other of his Majesties Loyal Subjects as may be raised in Ireland 5. And because we understand That the Rebels are like with great strength to attempt the ruin and destruction of the Brittish Plantation in Ulster we humbly Advise his Majesty by the Council and Authority of his Parliament in Scotland to provide that one Regiment consisting if 1000 men furnish't and accomplish't with all necessary Arms and Munition as shall seem best to their Great Wisdoms and Experience may with all possible speed be Transported into Ireland under the Command of some Worthy Person well affected to the Reformed Religion and the Peace of both Kingdoms and well Enabled with Skill Judgment and Reputation for such an Employment which Forces we desire may be Quartered in those Northern Parts for the Opposing the Rebels and Comfort and Assistance of his Majesties good Subjects there with Instructions from his Majesty and the Parliament of Scotland that they shall upon all Occasions pursue and observe the Directions of the Lord Lieutenant his Lieutenant General or the Governor of Ireland according to their Authority derived from his Majesty and the Crown of England 6. And as touching the Wages and other Charges needful which this Assistance will require We would have You in our Name to beseech His Majesty to commend it to our Brethren the Estates of the Parliament of Scotland to take it into their Care on the behalf of His Majesty and this Kingdom to make such agreements with all the Commanders and Soldiers to be imployed as they would do in the like Case for themselves and to let them know For Our parts We do wholly rely upon their Honorable and Friendly dealing with us and will take Care that Satisfaction be made accordingly 7. You shall represent to his most Excellent Majesty this our Humble and Faithful Declaration that we cannot without much grief remember the great Miseries Burthens and Distempers which have for divers Years afflicted all his Kingdoms and Dominions and brought them to the last point of Ruine and Destruction all which have issued from the Cunning False and Malicious Practices of some of those who have been admitted into very near Places of Council and Authority about him who have been Favourers of Popery Superstition and Innovation Subverters of Religion Honor and Justice Factors for promoting the Designs of Forreign Princes and States to the great and apparent danger of His Royal Person Crown and Dignity and of all his People Authors of False Scandals and Jealousies betwixt his Majesty and his Loyal Subjects Enemies to the Peace Vnion and Confidence betwixt Him and his Parliament which is the surest Foundation of Prosperity and Greatness to his Majesty and of Comfort and Hope to them That by their Councils and Endeavours those great Sums which have been lately drawn from the People have been either consumed unprofitably or in the maintenance of such Designs as have been Mischievous and Destructive to the State and whilest we have been labouring to Support his Majesty to purge out the Corruptions and restore the Decayes both of Church and State others of their Faction and Party have been contriving by Violence and Force to suppress the Liberty of Parliament and indanger the Safety of those who have opposed such wicked and pernicious Courses 8. That we have just Cause to believe That those Conspiracies and Commotions in Ireland are but the Effects of the same Councils and if persons of such Aims and Conditions shall still continue in Credit Authority and Imployment the great Aids which we shall be inforced to draw from his People for subduing the Rebellion in Ireland will be applied to the Fomenting and Cherishing of it there and Encouraging some such like attempt by the Papists and ill-affected Subjects in England and in the End to the Subversion of Religion and destruction of his Loyal Subjects in both Kingdoms And do therefore most humbly beseech his Majesty to change those Councils from which such ill Courses have proceeded and which have Caused so many Miseries and Dangers to himself and all his Dominions and that he will be graciously pleased to imploy such Councils and Ministers as shall be approved of by his Parliament who are his greatest and most Faithful Council that so his People may with Courage and Confidence undergo the Charge and Hazard of this War and by their Bounty and Faithful Endeavours with Gods Blessing restore to his Majesty and this Kingdom that Honor Peace Safety and Prosperity which they have Enjoyed in former times And if herein his Majesty shall not vouchsafe to condescend to our humble Supplication although we shall always continue with Reverence and Faithfulness to his Person and to his Crown to perform those Duties of Service and Obedience to which by the Laws of God and this Kingdom we are Obliged Yet we shall be forced in discharge of the Trust which we ow to the State and to those whom we represent to Resolve upon some such way of defending Ireland from the Rebels as may concur to the Securing our selves from such Mischievous Councils and Designs as have lately been and still are in practice and agitation against us as we have just cause to believe and to commend those Aids and Contributions which this great Necessity shall require to the Custody and Disposing of such Persons of Honor and Fidelity as we have Cause to confide in The Faction as the Reader may before have observed had upon all Occasions indeavoured to lay hold upon the Soveraign Power of the Sword and indeed nothing less could Protect them from their own Fears of a future Reckoning which they were affraid they must make if ever the King's Affairs came into a prosperous Condition and setled Posture But certainly next to the Execrable Rebellion in Ireland it was one of the most barbarous Outrages to a most Excellent Prince whose Indulgence was his greatest Crime not only to charge him with the Fomenting and in a manner Contriving this most wicked Rebellion as is evident by these Venemous Reflections they intended to do but to take this advantage of the Misfortune of his Affairs to wrest from him that little remainder of Power and Regal Authority which he had not hitherto divested himself of But this was the Resolution of these Ingrateful and Ungenerous Subjects whose unbounded Ambition all the Streams of Royal Bounty were not able to satisfie so long as the King was the Fountain of them and they were determined to make use of his Majesties extreme Necessity as they had
ever hitherto done to advance their own wicked Intendments and rather then fail of them to raise a more desperate Rebellion in England instead of applying themselves vigorously as they were in Duty Honor and Conscience bound to assist his Majesty to suppress the other in Ireland and let their Pretences be never so glorious for the Preservation of the Reformed Religion and Interest yet it is evident that even from the very first Eruption of this Rebellion they had a Design to make their own Terms with the King and to oblige him under the Pretence of abandoning Evil Counsellors to devolve the intire Trust of the whole Nation and consequently his Crown and Dignity into their Hands and to leave him only the vain shaddow of Sovereignty and Majesty and unless he would Consent to this they must as they say be obliged to take other Measures for the fecuring themselves from such mischievous Councils and Designs as have lately been in Practice and Agitation against them and a little time discovered what ways those were for in Reality this was no new Design the crucifying Remonstrance of the State of the Kingdom had been long hewing and these were but some Chips of that Block only they were wanting a fit Occasion and this offering it self they were resolved to lay fast hold upon it But in regard though they had sorely shaken and disabled the third Estate of the Lords Spiritual in Parliament by the repeated Batteries of Impeachments and Bills to take away their Voices yet there was a great Number of the Lords Temporal whose unstained Loyalty and Fidelity to the Crown and Royal Interest might prove dangerously Obstructive to their wicked Intentions they were resolved to attempt to deceive as many of them as they could by their popular Rhetorick upon this Topique of the danger of evil Counsels and Counsellors and if any proved refractory or had Constitutions too strongly amuletted with Loyalty against this insinuating Poison they had other more severe Methods of purging the Body Politick and Representative to be made use of upon Occasion as we shall see hereafter Upon this Subject of evil Councils and Counsellors Mr. Pym the great Oracle of the Faction took Occasion at this last Conference to display his Talent in these Terms HE said he was to speak touching the ill Councils Mr. Pym's Speech at the Conference concerning ill Councils November 10. which he laid down in these several Steps 1 First That the Dangers which come to the State by ill Councils are the most pernitious of all others and since it is usual to compare Politick Bodies with the Natural the Natural Body is in danger divers Wayes either by outward Violence and that may be foreseen and prevented or else by less appearing Maladies which grow upon the Body by Distempers of the Air immoderate Exercise Diet c. and when the Causes of the Disease are clear the Remedy is easily applied but Diseases which proceed from the inward Parts as the Liver the Heart or the Brains the more noble Parts it is a hard thing to apply Cure to such Diseases Ill Councels they are of that Nature for the Mischiefs that come by evil Councel corrupt the Vital Parts and overthrow the Publick Government 2 * If this had been applied to himself and his Faction he never spoke more truth in his whole life The second Step is That there have been lately and still are ill Councils in this Kingdom and about the King 1 That there hath been lately you will not doubt when the main Course of the Government hath been so imployed as Popery thereby hath been maintained the Laws subverted and no distinguishing between Justice and Injustice and that there is still reason to doubt is apparent by the Courses taken to advance mischievous Designs but that his Majesties Wisdom and Goodness kept them from the Heart though they were not kept out of the Court so most Principal and mischievous Designs have been practised by such as had near Access unto his Majesty though not to his Heart and the Apologists and Promoters of ill Counsels are still preferred 3 The third Step is That the ill Counsels of this Time are in their own Nature more mischievous and more dangerous then the ill Counsels of former Times former Counsels have been to please Kings in their Vices * A remarkable Testimony from an Enemy of the King's Innocence from which our King is free and sometimes for racking of the Prerogative if it had gone no further it had brought many Miseries but not Ruine and Destruction but the ill Counsels of this Time are destructive to Religion and Laws by altering them both therefore more Mischievous in their own Nature then those of former Times 4 The fourth Step is That these ill Counsels have proceeded from a Spirit and Inclination to Popery and have had a Dependance on Popery and all of them tend to it the Religion of the Papists is a Religion incompatible with any other Religion destructive to all others and doth not indure any thing that opposeth it whosoever doth withstand their Religion if they have Power they bring them to Ruin There are other Religions that are not right but not so destructive as Popery is for the Principles of Popery are destructive to all States and Persons that oppose it with the Progress of this mischievous Councel they provide Counsellors fit Instruments and Organs that may execute their own Designs and to turn all Councils to their own Ends and you find that now in Ireland that those Designs that have been upon all the Three Kingdoms do end in a War for the maintenance of Popery in Ireland and would do the like here if they were able they are so intentive to turn all to their own Advantage 5 The fifth Step That unless these ill Councils be changed as long as they continue it is impossible that any Assistance Aid or Advice that the Parliament can take to reform will be effectual for the Publick Orders and Laws are but dead if not put in Execution those that are the Instruments of State they put things into Action but if acted by Evil Men and while these Counsels are on foot we can expect no good it is like a Disease that turns Nutritives into Poyson 6 The sixth Step is That this is the most proper time to desire of his Majesty the Alteration and Change of the evil Counsellors because the Common-Wealth is brought into Distemper by them and so exhausted that we can indure no longer Another Reason why we cannot admit of them is to shew our Love and Fidelity to the King in great and extraordinary Contributions and Aids when God doth imploy his Servants he doth give some Promise to rouse up their Spirits and we have reason now to expect the King's Grace in great abundance this is the time wherein the Subject is to save the Kingdom of Ireland with the hazard of their Lives and Fortunes And
manifestation thereunto subscribeth this 16th day of May 1654. Robert R. Farnam his Mark. This Deposition was taken before Us Commissioners for the Revenue of the Precinct of Cork Robert Phaier Esay Thomas Tho. Woodlif Twelve Depositions in behalf of the Lord and Lady Muskery viz. 1 Sarah Vokely 2 Barbara Moore 3 Mrs. Love 4 Catharine Floyd 5 Mary Thomas 6 Sampson Moor. 7. Eliz. Wharton 8 Ann Field 9 Corporal Biddel in behalf of the said Lord and Lady with Eliz. Lasdoffers in behalf of the said Lady 10 Richard Love 11 Richard Allen and William Baker 12 Eliz. King 13 A Copy of the Certificate of the Lady Muskery's civil carriages since the Rebellion taken before the said Commissioners Dated with the above Depositions the 16th day of May 1654. The Bishop of Ferns also gave this Certificate That he saw a Gibbet upon Carigodrohitt Hill with Two Irish-men hanging on it Executed by the Lord Muskery 's Order for Robbing some English-men coming out from Kerry in the Week before Christmas 1641. Dat. March 28 1682. The Rebels grown now numerous by meeting with little or no opposition and insolent by their Successes began to think of carrying all before them and Sir Phelim O Neal had got together a great Army though but in very ill Equipage insomuch that he divided his Body and with one part marched down towards Lisnagarny near the chief Plantation of the Scots whom hitherto they had professed they would permit quietly to live among them and keep what they were possessed of and the other part advanced towards the English Pale and took in Dondalk Dondalk taken by the Rebels which they did with little difficulty there being only one Company in the Town of the Army commanded by a Lieutenant who having neither Arms nor Ammunition quickly yielded the place which he saw it impossible to defend the Inhabitants being willing to Entertain the Rebels into the Town as they had before into their Hearts and good Affections After the taking of this Town which was about the beginning of November they marched further into the County of Lowth and took in Ardee a little Town within Seven Miles of Tredah The State had present advertisement from the Lord Moor A Garrison opportunely sent to Tredah of their Motions and the Design they had upon Tredah and the ill posture it was in and therefore dispatched away Sir Henry Tichburn with a Regiment wherein several who had been Field-Officers in former Employments voluntarily served as private Captains who going from Dublin the third of November happily arrived there the next day and after them several Troops under the Command of Captain John Slaughter Lieutenant to Sir Thomas Lucas Commissary General Thomas Graham Lieutenant to Sir Adam Loftus and others by which means that important place was preserved from falling into the hands of the Rebels The Lords Justices and Council did also with all diligence apply themselves now to fortifie the City and Suburbs of Dublin Dublin fortified which the Rebels among other Insolencies threat'ned to Attaque Sir Charles Coot was made Governour of the City and had a Commission to raise a Regiment of the poor stripped and dispoiled English who had taken Sanctuary in that City as also the Lord Lambert had to raise another But the greatest difficulty was Money which either was so really scarce or so pretended by the Mayor Aldermen and Citizens that when the Lords Justices sent to borrow Money of them to victual the Castle and carry on the Fortifications The Corporation of Dublin not able to raise above 40 l. they positively affirmed to the Board all they could raise would not amount to above 40 l. and part of that in Cattle too which to Posterity will rather appear an Argument of the little Affection they had to the Government and to keep out the Rebels than of any real Want or Poverty However the Master of the Rolls by a pretty Artifice got the Castle plentifully Victualled for observing the Frights and daily Alarms in which the Protestants in the City were in he laid hold upon this occasion Dublin Castle well Victualled by a pretty Artifice of the Master of the Rolls and sending for some of the best Merchants of the Protestants he represented to them how unsafe their Goods were in the Town and advised them to bring them for security into the Castle where they should be under a strong Guard and withal engaged That if they were made use of for the Publick Service he would become engaged for so much which he would repay out of the first Money consigned from England which promise he exactly afterwards made good by Bills drawn upon the Chamber of London by this means he got 2000 Barrels of Beef 2000 Barrels of Herrings and a large proportion of Wheat into the Stores of the Castle which afterwards proved of excellent Use for the Relief not only of the Castle but of the Army which was quartered in the City a long time after To prevent Dangers which might happen by the great resort of Strangers to the City which raised great apprehensions in the honester Party of the Inhabitants a Proclamation was made commanding all Persons in His Majesties Name not dwelling in the City of Dublin within one hour after the Publication thereof immediately to depart upon pain of Death and this not seeming sufficiently effectual upon the 28th of October a second Proclamation more severe was issued out to the same purpose with the penalty of death to such as should harbour or entertain such suspitious Persons The Proclamations were as follow By the Lords Justices and Council William Parsons Jo. Borlase FOr great and weighty reasons of State A Proclamation commanding all Strangers upon pain of death to depart the City and Suburbs of Dublin 23 Octob. 1641. concerning highly the Peace and Safety of this City and Kingdom We do hereby in His Majesties Name strictly Charge and Command all manner of Persons of what Degree and Condition soever who are not dwellers in this City or Suburbs that within one hour after publishing this Proclamation they depart from the Suburbs of this City and return to their own dwellings and that upon pain of death to be presently executed upon them if any of them be found here after that time And all Housholders in the Suburbs to whom any such may come are to be equally guilty with such Contemners if they Lodge or Entertain any of the said Persons hereby required to depart Given at His Majesties Castle of Dublin 23 October 1641. R. Dillon Ad. Loftus Jo. Temple Fr. Willoughby Ja. Ware Rob. Meredith A second Proclamation for all Strangers upon pain of death to depart out of Dublin c. Octob. 28. 1641. By the Lords Justices and Council William Parsons Jo. Borlase WHereas notwithstanding the late Proclamation published in this City requiring all Stangers to depart from the same upon pain of Death divers Strangers do daily repair to the same and
are entertained in several Houses both within the City and Suburbs thereof These are in His Majesties Name strictly to Charge and Command all such Strangers as are of late come into this City or into the Suburbs thereof to depart the same within one hour after the publishing of this Declaration upon pain of Death to be Executed on them by Martial Law And all such as have entertained any such Person or Persons into their Houses are hereby strictly Required and Commanded to bring a Note of the Name of such Person or Persons so entertained to the Mayor of this City by the hour of Six of the Clock this present Evening upon pain of death to be Executed on them by Martial Law who shall neglect so to do Furthermore the several Constables of this City are required this Night to make Search within this City and Suburbs thereof for such Strangers and the harbourers of them and to cause them to be apprehended and detained until they shall receive directions from Vs to the Contrary Given at His Majesties Castle of Dublin the 28th day of Octob. 1641. R. Dillon J. Temple Tho Rotherham Ja. Ware G. Wentworth Rob. Meredith And because they saw the ill Consequence of the Calumny before mentioned which the Rebels made use of colouring all their impious Villanies under the Sacred Name of His Majesties Authority the Lords Justices and Council to undeceive the abused People and vindicate His Majesty from the horrid Scandal issued out the following Proclamation A Proclamation against the Calumny of the Rebels pretence of acting by the Kings Commission Oct. 30 1641. By the Lords Justices and Council Wil. Parsons Jo. Borlase WHereas We the Lords Justices and Council have lately found That there was a most disloyal wicked and detestable Conspiracy intended and plotted against the Lives of Vs the Lords Justices and Council and many others of His Majesties faithful Subjects especially in Ulster and the Borders thereof and for the surprizing not only His Majesties Castle of Dublin His Majesties principal Fort but also of other Fortifications in several Parts and although by the great goodness and abundant mercy of Almighty God to His Majesty and to this State and Kingdom these wicked Conspiracies are brought to light and some of the Conspirators committed to the Castle of Dublin by Vs by His Majesties Authority so as those wicked and damnable Plots have not taken effect in the chief Parts thereof yet some of those wicked Malefactors have surprised some of His Majesty's Forts and Garrisons in the North of Ireland slain divers of His Majesties good Subjects imprisoned some and robbed and spoiled very many others and continue yet in those Rebellious courses against whom therefore some of His Majesties Forces are now marching to fight against them and subdue them thereby to render safety to His Majesty's faithful Subjects And whereas to colour and countenance those their wicked Intendments and Acts and in hope to gain the more Numbers and Reputation to themselves and their proceedings in the opinion of the ignorant Common People those Conspirators have yet gone further and to their other high Crimes and Offences have added this further wickedness even to traduce the Crown and State as well of England as Ireland by False Seditious and Scandalous Reports and Rumors spread abroad by them We therefore to vindicate the Crown and State of both Kingdoms from those false and wicked Calumnies Do hereby in His Majesties Name Publish and Declare That the said Reports so spread abroad by those wicked Persons are most False Wicked and Traiterous and that we have full Power and Authority from His Majesty to prosecute and subdue those Rebels and Traytors which now We are doing accordingly by the Power and Strength of His Majesty's Army and with the Assistance of His Majesty's Good and Loyal Subjects and We no way doubt but all His Majesty's Good and Faithful Subjects will give Faith and Credit to Vs who have the Honour to be trusted by His Majesty so highly as to serve Him in the Government of this His Kingdom rather than to the vain idle and wicked Reports of such lewd and wicked Conspirators who spread those false and seditious Rumors hoping to seduce a great number to their Party And as We now believe that some who have joyned themselves with those Conspirators had no hand in contriving or plotting the mischiefs intended but under the pretence of those seditious Scandals were deluded by those Conspirators and so are now become ignorantly involved in their guilts so in favour and mercy to those so deluded We hereby Charge and Command them in His Majesty's Name now from Vs to take light to guide them from that darkness into which they were misled by the wicked seducement of those Conspirators and to depart from them and from their wicked Counsels and Actions and according to the duty of Loyal Subjects to submit themselves to his Sacred Majesty and to his Royal Authority intrusted with Vs But in case those Persons which were no Plotters nor Contrivers of the said Treason but were since seduced to joyn with them as aforesaid lay not hold of this His Majesty's Grace and Favour now tendred unto them then We do by this Proclamation Publish and Declare That they shall hereafter be reputed and taken equally guilty with the said Plotters and Contrivers and as uncapable of Favour and Mercy as they are Given at His Majesty's Castle of Dublin the 30th of October 1641. La. Dublin R. Ranelagh Ant. Midensis John Rophoe R. Dillon J. Temple P. Crosbie Ja. Ware Rob. Meredith Let us now repass again to the Affairs of England where we left the Skie also lowring and the gathering Clouds threat'ning Tempestuous Weather in the State This day the Lord Keeper informed the House of Lords Friday Novemb. 12. The Venetian Ambassador Complains of the breaking open of his Pacquer That the Venetian Ambassador made a Complaint to the Lords of the Council That the Dispatches which were sent to him this Week were opened and the Seal of the State of Venice broken by the Parliament at which he finds himself so much aggrieved that he hath retired himself from the Publick Affairs as an Ambassador between this Kingdom and that State until he receives further Commands from his Masters Then was read a Paper being a Translation out of Italian delivered by the said Ambassador the Contents whereof was as follows Most Noble Lords THe Correspondency betwixt Princes The Venetian Ambassador's Memorial about the breaking up of his Letters hath always been the most immediate Ways of a true Interest of maintaining of Estates and of continuing of Commerce to the Benefit and Increase of the Common-Wealth To Cultivate this the most great Kings hath always used the utmost Industry and to facilitate it they have introduced the Expedient of Ambassadors to confirm it betwixt the one and the other Kingdom In this there hath been all Respect rendred to all Princes at
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
preparing of Articles against him but they shall be ready in convenient time to give him a Charge And in regard they hear he is not well they are contented he shall be removed to * Now Somerset-House Denmark House he putting in Caution not to go to Court and to appear when he shall be required Hereupon it was Ordered That Phillips shall upon these Cautions finding Sureties be released from his imprisonment in the Tower It was also Ordered That the Lords the Bishops that are Impeached shall be heard by their Council on Friday next at the Bar what they can say why this Motion should not be granted But the Faction of the Commons were resolved Tumults as before they had done in the Case of the Earl of Strafford to obtain that by the Force of Tumults that they could not obtain by Law or Reason The Lords however were so sensible of this affront put upon the Freedom of the Parliament that it was Ordered That all the Judges do consult among themselves what Course is fit to be taken to prevent Riots Routs and unlawful Assemblies and having considered of the Laws and Statutes in this Case to present their opinions to the House to morrow Morning and in the mean time to have a Conference with the Commons concerning the Tumults In the Commons House Serjeant Wild Reports the Conference That the Lord Keeper told the Committee That their Lordships had received Information of great numbers of People gathered together in a Tumultuous Vnusual and Disorderly manner about the Houses of Parliament and therefore desired the Commons House to joyn with them in a Declaration to remove them and that for these Two Reasons First If these disorders should continue they might render the good Acts and Provisions of this Parliament of suspicion to Posterity by the interpretation of ill Ministers Secondly Because it did not stand with the Dignity of Parliament to suffer such Tumults to be so near the Houses of Parliament The House being informed That Phillips had a Trunk brought to him to the Tower by Two Capuchins it was Ordered That the Lieutenant of the Tower and Sir William Parkhurst shall search his Trunk and if there be any Papers that concern the State to secure them till the pleasure of this House be known The Committee formerly named to wait upon the King with the Petition and Declaration were Ordered to go forthwith to present them to the King Sir Edward Deering to read it to His Majesty and in his absence Sir Ralph Hopton to read it If he be absent the Committee to appoint the Person that shall read it Accordingly the Committee went this day and attended His Majesty with the said Petition and Remonstrance which as I find it Printed in Husband's Collections was in these words The Petition of the House of Commons which Accompanied the Declaration of the State of the Kingdom Most Gracious Soveraign YOur Majesties Most Humble and Faithful Subjects the Commons in this present Parliament Assembled The Petition and Declaration of the State of the Kingdom delivered by the Commons to the King at Hampton-Court Dec. 1. 1641. do with much thankfulness and joy acknowledge the great Mercy and Favour of God in giving your Majesty a safe and peaceable return out of Scotland into your Kingdom of England where the pressing dangers and distempers of the State have caused us with much earnestness to desire the comfort of your Gracious Presence and likewise the Unity and Justice of your Royal Authority to give more Life and Power to the Dutiful and Loyal Counsels and endeavours of your Parliament for the prevention of that imminent ruine and destruction wherewith your Kingdoms of England and Scotland are threatned The Duty which we ow to your Majesty and our Country cannot but make us very sensible and apprehensive that the multiplicity sharpness and malignity of those Evils under which we have now many years suffered are fomented and cherished by a corrupt and ill-affected Party who amongst other their mischievous devices for the alteration of Religion and Government have sought by many false scandals and imputations cunningly insinuated and dispersed amongst the People to blemish and disgrace our Proceedings in this Parliament and to get themselves a Party and Faction amongst your Subjects for the better strengthening of themselves in their wicked courses and hindring those Provisions and Remedies which might by the wisdom of your Majesty and Council of your Parliament be opposed against them For preventing whereof and the better Information of your Majesty your Peers and all other your Loyal Subjects we have been necessitated to make a Declaration of the State of the Kingdom both before and since the Assembly of this Parliament unto this time which we do humbly present to your Majesty without the least intention to lay any blemish upon your Royal Person but only to represent how your Royal Authority and Trust have been abused to the great prejudice and danger of your Majesty and of all your good Subjects And because we have reason to believe that those Malignant Parties whose Proceedings evidently appear to be mainly for the advantage and encrease of Popery is composed set up and acted by the subtile practice of the Jesuits and other Engineers and Factors for Rome and to the great danger of this Kingdom and most grievous affliction of your Loyal Subjects have so far prevailed as to corrupt divers of your Bishops and others in prime places of the Church and also to bring divers of these Instruments to be of your Privy-Council and other employments of trust and nearness about your Majesty the Prince and the rest of your Royal Children And by this means hath had such an Operation in your Council and the most Important Affairs and Proceedings of your Government that a most dangerous division and chargeable Preparation for War betwixt your Kingdoms of England and Scotland the encrease of jealousies betwixt your Majesty and your most Obedient Subjects the violent distraction and interruption of this Parliament the Insurrection of the Papists in your Kingdom of Ireland and bloody Massacre of your people have been not only endeavoured and attempted but in a great measure compassed and effected For preventing the final accomplishment whereof your poor Subjects are enforced to engage their Persons and Estates to the maintaining of a very expenceful and dangerous War notwithstanding they have already since the beginning of this Parliamenâ— undergone the Charge of 150000 Pounds Sterling or thereabouts For the necessary support and supply of your Majesty in these present and perillous Designs And because all our most faithful endeavours and engagements will be ineffectual for the Peace Safety and Preservation of your Majesty and your People if some present real and effectual course be not taken for suppressing this wicked and malignant Party We Your Most Humble and Obedient Subjects do with all faithfulness and humility beseech your Majesty 1. THat you will be
graciously pleased to concur with the humble desires of your People in a Parliamentary way for the preserving the Peace and Safety of the Kingdom from the malicious Designs of the Popish Party For depriving the Bishops of their Votes in Parliament and abridging their immoderate Power Usurped over the Clergy and other your good Subjects which they have most perniciously abused to the hazard of Religion and great prejudice and oppression of the Laws of the Kingdom and just Liberty of your People For the taking away such oppressions in Religion Church-Government and Discipline as have been brought in and fomented by them For Uniting all such your Loyal Subjects together as joyn in the same fundamental truths against the Papists by removing some oppressions and unnecessary Ceremonies by which divers weak Consciences have been scrupled and seem to be divided from the rest for the due Execution of those good Laws which have been made for securing the Liberty of your Subjects 2. That your Majesty will likewise be pleased to remove from your Council all such as persist to favour and promote any of those Pressures and corruptions wherewith your People have been grieved and that for the future your Majesty will vouchsafe to employ such Persons in your great and publick Affairs and to take such to be near you in places of Trust as your Parliament may have cause to confide in that in your Princely Goodness to your People you will reject and refuse all mediation and solicitation to the contrary how powerful and near soever 3. That you will be pleased to forbear to alienate any of the forfeited and escheated Lands in Ireland which shall accrue to your Crown by reason of this Rebellion that out of them the Crown may be the better supported and some satisfaction made to your Subjects of this Kingdom for the great expences they are like to undergo this War Which humble desires of ours being graciously fulfilled by your Majesty we will by the blessing and favour of God most cheerfully undergo the hazard and expences of this War and apply our selves to such other courses and councils as may support your Royal Estate with Honour and Plenty at home with Power and Reputation abroad and by our Loyal Affections Obedience and Service lay a sure and lasting Foundation of the greatness and prosperity of your Majesty and your Royal Posterity in future times A Remonstrance of the State of the Kingdom THE Commons in this present Parliament Assembled having with much earnestness and faithfulness of affection and zeal to the publick good of this Kingdom and his Majesties Honour and Service for the space of Twelve Months wrastled with the great dangers and fears the pressing miseries and calamities the â—arious distempers and disorders which had not only assaulted but even over-whelmed and extinguisht the Liberty Peace and Prosperity of this Kingdom the comfort and hopes of all his Majesties good Subjects and exceedingly weakned and undermined the Foundation and strength of his own Royal Throne Do yet find an abounding Malignity and opposition in those Parties and Factions who have been the cause of those Evils and do still labour to cast Aspersions upon that which hath been done and to raise many difficulties for the hindrance of that which remains yet undone and to soment Jealousies betwixt the King and Parliament That so they may deprive him and his People of the fruit of his own gracious Intentions and their humble desires of procuring the publick Peace Safety and Happiness of the Realm For the preventing of those miserable effects which such malicious endeavours may produce We have thought good to declare 1. The Root and the growth of these mischievous Designs 2. The Maturity and Ripeness to which they have attained before the beginning of the Parliament 3. The effectual means which hath been used for the extirpations of those dangerous evils and the Progress which hath therein been made by his Majesties goodness and the Wisdom of the Parliament 4. The ways of obstruction and opposition by which that Progress hath been interrupted 5. The courses to be taken for the removing those Obstacles and for the accomplishing of our most dutiful and faithful intentions and endeavours of restoring and Establishing the Ancient Honour Greatness and Security of this Crown and Nation The Root of all this Mischief we find to be a Malignant and pernicious design of subverting the Fundamental Laws and Principles of Government upon which the Religion and Justice of this Kingdom are firmly Establisht The Actors and Promoters hereof have been 1. The Jesuited Papists who hate the Laws as the Obstacles of that change and Subversion of Religion which they so much long for 2. The Bishops and the corrupt part of the Clergy who cherish Formality and superstition as the natural effects and more probable supports of their own Ecclesiastical Tyranny and Vsurpation 3. Such Councellors and Courtiers as for private ends have engaged themselves to further the Interests of some Forraign Princes or States to the prejudice of his Majesty and the State at home The Common Principles by which they moulded and Governed all their particular Counsels and Actions were these First to maintain continual differences and discontents betwixt the King and the People upon Questions of Prerogative and Liberty that so they might have the advantage of siding with him and under the notions of Men addicted to his service gain to themselves and their Parties the place of greatest trust and power in the Kingdom A Second To suppress the Purity and Power of Religion and such as were best affected to it as being contrary to their own ends and the greatest impediment to that change which they thought to introduce A Third To conjoyn those Parties of the Kingdom which were most propitious to their own ends and to divide those who were most opposite which consisted in many particular Observations to cherish the Arminian part in those points wherein they agree with the Papists to multiply and enlarge the difference between the common Protestants and those whom they call Puritans to introduce and countenance such Opinions and Ceremonies as are fittest for Accommodation with Popery to encrease and maintain ignorance loosness and prophaneness in the People That of those three Parties Papists Arminians and Libertines they might compose a body fit to act such counsels and resolutions as were most conducible to their own ends A Fourth to diaffect the King to Parliaments by slanders and false imputations and by putting him upon other ways of supply which in shew and appearance were fuller of advantage then the ordinary course of Subsidies though in truth they brought more loss then gain both to the King and People and have caused the distractions under which we both suffer As in all compounded bodies the Operations are qualified according to the predominant Element So in this mixt party the Jesuited Councils being most active and prevailing may easily be discovered to have had the greatest
conjunction can we expect there where the Bishops and Recusant Lords are so numerous and prevalent that they are able to Cross and Interrupt our best endeavours for Reformation and by that means give advantage to this malignant party to traduce our Proceedings They infuse into the People that we mean to abolish all Church-Government and leave every Man to his own Fancy for the Service and Worship of God absolving him of that obedience which he ows under God unto his Majesty whom we know to be intrusted with the Ecclesiastical Law as well as with the Temporal to regulate all the Members of the Church of England by such Rules of Order and Discipline as are established by Parliament which is his great Council in all Affairs both in Church and State We confess our Intention is and our Endeavors have been to reduce within Bounds that exorbitant Power which the Prelates have assumed unto themselves so contrary both to the Word of God and to the Laws of the Land to which end we past the Bill for the removing them from their Temporal Power and Imployments that so the better they might with Meekness apply themselves to the discharge of their Functions which Bill themselves opposed and were the principal Instruments of crossing it And we do here declare that it is far from our purpose or desire to let loose the golden Reins of Discipline and Government in the Church to leave private Persons or particular Congregations to take up what form of divine Service they please for we hold it requisite that there should be throughout the whole Realm a Conformity to that Order which the Laws enjoyn according to the Word of God and we desire to unburthen the Consciences of Men of needless and superstitious Ceremonies suppress Innovations and take away the Monuments of Idolatry And the better to effect the intended Reformation we desire there may be a general Synod of the most Grave Pious Learned and Judicious Divines of this Island assisted with some from foreign Parts Professing the same Religion with us who may consider of all things necessary for the Peace and good Government of the Church and represent the results of their Consultations unto the Parliament to be there allowed of and confirmed and receive the Stamp of Authority thereby to find Passage and Obedience throughout the Kingdom They have maliciously charged us that we intend to destroy and discourage Learning whereas it is our chiefest Care and Desire to advance it and to provide a competent Maintenance for conscionable and preaching Ministers throughout the Kingdom which will be a great Encouragement to Scholars and a certain means whereby the want meanness and ignorance to which a great part of the Clergy is now subject will be prevented And we intend likewise to reform and purge the Fountains of Learning the two Universities that the Streams flowing from thence may be clear and pure and an Honor and Comfort to the whole Land They have strained to blast our proceedings in Parliament by wresting the Interpretations of our Orders from their genuine Intention They tell the People that our medling with the power of Episcopacy hath caused Sectaries and Conventicles when Idolatry and Popish Ceremonies introduced into the Church by the command of the Bishops have not only debarred the people from thence but expelled them from the Kingdom Thus with Eliah we are called by this Malignant party the Troublers of the State and still while we endeavor to reform their Abuses they make us the Authors of those Mischiefs we study to prevent for the perfecting of the work begun and removing all future Impediments we conceive these Courses will be very effectual seeing the Religion of the Papists hath such Principles as do certainly tend to the Destruction and Extirpation of all Protestants when they shall have opportunity to effect it It is necessary in the first Place to keep them in such Condition as that they may not be able to do us any hurt and for avoiding of such connivence and favor as hath heretofore bin shewed unto them That his Majesty be pleased to grant a standing Commission to some choice Men named in Parliament who may take notice of their increase their Counsels and Proceedings and use all due means by execution of the Laws to prevent any mischievous designs against the Peace and Safety of this Kingdom That some good Course be taken to discover the counterfeit and false Conformity of Papists to the Church by color whereof Persons very much disaffected to the true Religion have been admitted into Place of greatest Authority and Trust in the Kingdom For the better preservation of the Laws and Liberties of the Kingdom that all illegal Grievances and Exactions be presented and punished at the Sessions and Assizes and that Judges and Justices be careful to give this in charge to the Grand-Jury and both the Sheriff and Justices to be sworn to the due execution of the Petition of Right and other Laws That his Majesty be humbly petitioned by both Houses to imploy such Counsellors Ambassadors and other Ministers in managing his Business at Home and Abroad as the Parliament may have Cause to confide in without which we cannot give his Majesty such Supplyes for support of his own Estate nor such Assistance to the Protestant party beyond the Sea as is desired It may often fall out that the Commons may have just Cause to take Exceptions at some Men for being Counsellors and yet not charge those Men with Crimes for there be grounds of Diffidence which lye not in Proof there are others which though they may be proved yet are not legally Criminal to be a known favorer of Papists or to have been very forward in defending or countenancing some great Offenders questioned in Parliament or to speak contemptuously of either Houses of Parliament or Parliamentary Proceedings or such as are Factors or Agents for any Foreign Prince of another Religion such as are justly suspected to get Counsellors Places or any other of Trust concerning publick Imployment for Money For all these and diverse others we may have great reason to be earnest with his Majesty not to put his great Affairs into such Hands though we may be unwilling to proceed against them in any Legal way of Charge or Impeachment that all Counsellors of State may be sworn to observe the Laws which concern the Subject in his Liberty that they may likewise take an Oath not to receive or give Reward or Pension from any Foreign Prince but such as they within some reasonable Time discover to the Lords of his Majesties Council And although they should wickedly forswear themselves yet it may herein do good to make them known to be False and Perjured to those who imploy them and thereby bring them into as little Credit with them as with us that his Majesty may have cause to be in love with good Council and good Men by shewing him in an humble and dutiful
his Majesty evidently saw that their Design was to render his Person Reputation and Government Cheap Contemptible and Odious to his Subjects and this put him upon Printing likewise his Answer to the Remonstrance and issuing out a Declaration to all his Loving Subjects for his own Vindication And here began the Paper-War between the King and Faction of the two Houses in which they were plainly the Aggressors of his Honor Dignity and Reputation His Majesty only standing upon the Defensive The Answer to the Petition and the Declaration were in these Terms WE having received from you The King's Answer to the Petition which accompanied the Remonstrance as also the Declaration concerning it Dec. 1641. soon ofter Our Return out of Scotland a long Petition consisting of many Desires of great Moment together with a Declaration of a very unusual Nature annexed thereunto We had taken some time to consider of it as befitted Vs in a matter of that Consequence being confident that your own reason and regard to Vs as well as Our express intimation by Our Comptroller to that purpose would have restrained you from the Publishing of it till such time as you should have received Our Answer to it But much against Our expectation finding the contrary that the said Declaration is already abroad in Print by Directions from your House as appears by the printed Copy We must let you know that We are very sensible of the disrespect Notwithstanding it is Our Intention that no failing on your part shall make Vs fail in Ours of giving all due Satisfaction to the Desires of Our People in a Parliamentary Way And therefore We send you this Answer to your Petition reserving Our self in Point of the Declaration which We think unparliamentary and shall take a Course to do that which We shall think fit in Prudence and Honor. To the Petition We say That although there are divers things in the Preamble of it which We are so far from admitting that We profess We cannot at all understand them as Of a wicked and malignant Party prevalent in the Government Of some of that Party admitted to Our Privy Council and to other Imployments of Trust and nearest to Us and Our Children Of Endeavors to sow amongst the People false Scandals and Imputations to blemish and disgrace the Proceedings of the Parliament All or any of which did We know of We should be as ready to remedy and Punish as you to Complain of That the Prayers of your Petition are grounded upon such Premisses as We must in no Wise admit yet notwithstanding We are pleased to give this Answer to you To the first concerning Religion consisting of several Branches We say that for the preserving the Peace and Safety of this Kingdom from the designs of the Popish Party We have and will still concur with all the just Desires of Our People in a Parliamentary Way That for the depriving of the Bishops of their Votes in Parliament We would have you consider that their Right is grounded upon the Fundamental Law of the Kingdom and constitution of Parliament This We would have have you consider but since you desire Our concurrence herein in a Parliamentary Way We will give no further Answer at this time As for the abridging of the inordinate Power of the Clergy We conceive that the taking away of the High Commission Court hath well moderated that but if there continue any Vsurpations or Excesses in their Jurisdictions We therein neither have nor will protect them Vnto that Clause which concerneth Corruptions as you style them in Religion in Church-Government and in Discipline and the removing of such unnecessary Ceremonies as weak Consciences might check at That for any illegal Innovations which may have crept in We shall willingly concur in the removal of them That if Our Parliament shall advise Vs to call a National Synod which may duly examine such Ceremonies as give just cause of Offence to any We shall take it into Consideration and apply Our Self to give due Satisfaction therein But We are very sorry to hear in such general Terms Corruption in Religion objected since We are perswaded in Our Conscience that no Church can be found upon the Earth that professeth the true Religion with more purity of Doctrine than the Church of England doth nor where the Government and Discipline are joyntly more beautified and free from Superstition then as they are here established by Law which by the grace of God We will with Constancy maintain while We live in their Purity and Glory not only against all Invasions of Popery but also from the irreverence of those many Schismaticks and Separatists wherewith of late this Kingdom and this City abounds to the great dishonor and hazard both of Church and State for the suppressing of whom We require your timely Aid and active Assistance To the second Prayer of the Petition concerning the removal and choice of Counsellors We know not any of Our Councel to whom the Character set forth in the Petition can belong That by those whom We had exposed to Trial We have already given you sufficient Testimony that there is no Man so near unto Vs in Place or Affection whom We will not leave to the Justice of the Law if you shall bring a particular Charge and sufficient Proofs against him and of this We do again assure you but in the mean time We wish you to forbear such general Aspersions as may reflect upon all Our Councel since you name none in particular That for the choice of Our Counsellors and Ministers of State it were to debar Vs that natural Liberty all Freemen have and it is the undoubted Right of the Crown of England to call such Persons to Our secret Councels to publick Imployment and Our particular Service as We shall think fit so We are and ever shall be very careful to make Election of such Persons in those Places of Trust as shall have given good Testimonies of their Abilities and Integrity and against whom there can be no just Cause of exception whereon reasonably to ground a diffidence and to choices of this Nature We assure you that the mediation of the nearest unto Vs hath always concurred To the third Prayer of your Petition concerning Ireland We understand your Desire of not alienating the forfeited Lands thereof to proceed from your much Care and Love And likewise that it may be a Resolution very fit for Vs to take but whether it be seasonable to declare Resolutions of that Nature before the Events of a War be seen that We much doubt of Howsoever We cannot but thank you for this Care and your chearful ingagement for the suppressing of that Rebellion upon the speedy effecting thereof the Glory of God in the Protestant Profession the safety of the British there Our Honor and that of the Nation so much depends all the Interests of this Kingdom being so involved in that Business We cannot but quicken your
Affections therein and shall desire you to frame your Councels and to give such Expedition to the Work as the Nature thereof and the pressures in point of Time requires and whereof you are put in Mind by the daily insolence and increase of those Rebels For Conclusion your promise to apply your selves to such Courses as may support Our Royal Estate with Honor and Plenty at Home and with Power and Reputation abroad is that which We have ever promised Our Self both from your Loyalties and Affections and also for what We have already done and shall daily go adding unto for the Comfort and Happiness of Our People His Majesties Declaration to all His Loving SUBJECTS Published with the advice of His privy-Privy-Council ALthough We do not believe that Our House of Commons intended by their Remonstrance of the State of the Kingdom to put Vs to any Apology either for Our past or present Actions Notwithstanding since they have thought it so very necessary upon their Observation of the present Distemper to publish the same for the satisfaction of all Our Loving Subjects We have thought it very suitable to the duty of Our place with which God hath trusted Vs to do Our part to so good a Work in which We shall not think it below our Kingly Dignity to descend to any particular which may compose and settle the Affections of Our meanest Subjects since we are so conscious to Our Self of such Vpright Intentions and Endeavours and only of such for which We give God thanks for the Peace and Happiness of Our Kingdom in which the prosperity of Our Subjects must be included that We wish from Our bears that even Our most Secret thoughts were published to their View and Examination Though We must confess We cannot but be very sorry in this Conjuncture of time when the unhappiness of this Kingdom is so generally understood abroad there should be such a necessity of publishing so many particulars from which We pray no inconveniencies may ensue that were not intended We shall in few words pass over that part of the Narrative wherein the Misfortunes of this Kingdom from Our first entring to the Crown to the beginning of this Parliament are remembred in so sensible Expressions And that other which acknowledgeth the many good Laws passed by Our Grace and Favour this Parliament for the Security of Our People of which We shall only say thus much That as We have not refused to pass any Bill presented to Vs by Our Parliament for redress of those Grievances mentioned in the Remonstrance so We have not had a greater Motive for the passing those Laws then Our own Resolution grounded upon Our Observation and understanding the State of Our Kingdom to have freed Our Subjects for the future from those Pressures which were grievous to them if those Laws had not been propounded which therefore We shall as inviolably maintain as We look to have Our own Rights preserved not doubting but all Our Loving Subjects will look on those Remedies with that full gratitude and affection that even the memory of what they have formerly undergone by the Accidents and Necessities of those Times will not be unpleasant to them And possibly in a Pious Sence of Gods Blessing upon this Nation how little share soever We shall have of the acknowledgment they will confess they have enjoyed a great measure of Happiness even these last sixteen years both in Peace and Plenty not only comparatively in respect of their Neighbours but even of those times which were justly accounted Fortunate The Fears and Jealousies which may make some Impression in the minds of Our People We will suppose may be of two sorts either for Religion or Liberty and their civil Interests The Fears for Religion may haply be not only as Ours here Established may be invaded by the Romish Party but as it is accompanied with some Ceremonies at which some tender Consciences really are or pretend to be Scandalized for of any other which have been used without any legal Warrant or Injunction and already are or speedily may be abolished we shall not speak Concerning Religion as there may be any suspicion of favour or inclination to the Papists We are willing to Declare to all the World That as We have been from Our Child-hood brought up in and practised the Religion now Established in this Kingdom so it is well known We have not contented simply with the Principles of Our Education given a good proportion of Our time and pains to the Examination of the Grounds of this Religion as it is different from that of Rome and are from our Soul so fully satisfied and assured that it is the most pure and agreeable to the Sacred Word of God of any Religion now practised in the Christian World That as We believe We can maintain the same by unanswerable Reasons so We hope We should readily Seal to it by the Effusion of Our Blood if it pleased God to call Vs to that Sacrifice And therefore nothing can be so acceptable unto Vs as any proposition which may contribute to the advancement of it here or the propagation of it abroad being the only means to draw down a Blessing from God upon Our Selves and this Nation And We have been extreamly unfortunate if this profession of Ours be wanting to Our People Our constant practice in Our own Person having always been without ostentation as much to the Evidence of Our Care and Duty herein as We could possibly tell how to express For differences amongst Our Selves for matters indifferent in their own Nature concerning Religion We shall in tenderness to any number of Our Loving Subjects very willingly comply with the advice of Our Parliament that some Law may be made for the exemption of tender Consciences from punishment or prosecution for such Ceremonies and in such cases which by the judgment of most Men are held to be matters indifferent and of some to be absolutely unlawful Provided that this ease be attempted and pursued with that modesty temper and submission that in the mean time the peace and quiet of the Kingdom be not disturbed the decency and comeliness of Gods Service discountenanced nor the Pious Sober and Devout actions of those Reverend Persons who were the first Labourers in the blessed Reformation or of that time be scandal'd and defamed For We cannot without grief of heart and without some Tax upon Our Self and Our Ministers for the not Execution of Our Laws look upon the bold Licence of some Men in Printing of Pamphlets in Preaching and Printing of Sermons so full of bitterness and malice against the present Government against the Laws Established so full of Sedition against Our Self and the peace of the Kingdom that we are many times amazed to consider by what Eyes these things are seen and by what Ears they are heard And therefore We have good cause to Command as We have done and hereby do all Our Judges and Ministers of Justice
The Commons staying in the Painted Chamber all this while for an Answer to the Message the Lords went to acquaint the House of Commons with what was Voted In the Commons House Mr. Justice Long discharged from the Tower Dr. Gray sent for as a Delinquent Long who had been sent to the Tower for signing the Warrant for the Halberdeers to Guard the Parliament was upon his Petition this Day released A Complaint having been Exhibited against him It was Resolved That Dr. Gray Parson of Ponteland in the County of Northumberland shall be forthwith sent for as a Delinquent by the Serjeant at Arms attending on this House Several Letters were then read from Ireland one from Sir William Brereton Volunteers for Ireland giving Information That Sir Simon Harcout 's Regiment is compleat and that there are 4 or 500 more cheerful Volunteers which are ready to go if they had Commission This plainly confirms what before was said That the Necessity of the Bill for pressing Men was only to oppress the Royal Prerogative Mr. Pym informed the House That this was moved at the Committee last Night and that the Earl of Leicester Lord Lieutenant of Ireland had assured them he would take Care for the speedy Transporting of these Volunteers The House then fell upon the Consideration of the Bill for raising 400000 l. for the Affairs of Ireland c. The Officers of the late Army having also Petitioned for their Arrears there was an Order to pay them 13000 l. being the Moiety of what was due to them Amidst all this Heat of Publick Affairs and the great Zeal for Ireland still the Faction found leisure to persecute the Loyal and Orthodox Clergy upon the Informations of their implacable and restless Enemies the Non-Conformists and Schismaticks for this Day the Committee for scandalous Ministers was revived and appointed to meet upon Thursday Morning at Eight of the Clock so that Wednesday being the Fast was to be the Prologue to their Smiting with the Fist of Wickedness It was also Ordered That Alderman Pennington do take Care to bring in the Witnesses of the Parish of Grace Church to testify that Information he gave the House this Day against the Minister of that Parish Alderman Pennington an Informer against the Minister of Grace-Church Dr. Beal referred to the Committee for Scandalous Ministers Thursday Decemb. 23. Also it was Ordered That the Committe for the Bill for Scandalous Ministers do take into Consideration the Matter informed of against Dr. Beal on Thursday next The Lord Keeper this day reported a Conference had with the Commons That the House of Commons have brought up to their Lordships a Proposition of the Scots dated 20th Dec. 1641. concerning the 2500 Men as also the Resolution of the Commons thereupon which they desired their Lordships to joyn with them in Then the said Proposition was read as also the Resolution of the Commons That they do undertake to pay the 2500 Men already entertained in Scotland from the 8th of December to the end of the Treaty according to the Pay setled them in Scotland which being read the House of Lords assented to it After which a Message was brought from the House of Commons by Mr. Waller That the House of Commons conceive some Cause to Examine Daniel O Neal further as a Delinquent but not upon Oath and seeing he is their Lordships Prisoner committed to the Gate-House upon an Accusation of High Treason That their Lordships would please to give way that some Members of the House of Commons may Examine him and also to desire their Lordships to sit a while for that the House of Commons will come up to their Lordships with some Business concerning the Safety of the City To which the Answer was That their Lordships do give way that some Members of the House of Commons may ask Mr. O Neal any Questions as they shall think fit and that this House will sit a convenient time as is desired This Matter of the Safety of the City Conference concerning displacing Belfour and making Lunsford Lieutenant of the Tower was delivered at a Conference That the House of Commons represented to their Lordships that they had received Information That Sir William Belfour Knight Lieutenant of the Tower of London approved for his Fidelity is put out of his Place and one Colonel Lunsford put into his Place concerning whom the House of Commons had received a Petition which they desired their Lordships to consider of The Faction were resolved to dislike what ever the King should do and to give countenance to their Proceedings they had Petitions and Petitioners still in a Readiness to make it appear that they moved upon that Foot when in reality they themselves and their Agents were the Ingineers of those very Petitions The Petition was read in the House of Lords and was in haec Verba To the Honorable the Knights Citizens and Burgesses of the Commons House of Parliament The Humble Petition of divers common-Common-Council Men and others of the City of London The Factious Londoners Petition concerning the placing Lunsford in the Tower Sheweth THat whereas the Tower of London was originally ordained for Defence of this City and to be the Chief Magazine of the Kingdom and that the whole State is deeply interessed in the safe Custody thereof but more especially the said City which lately hath been put into Fears of some dangerous Design from that Cittadel whereupon it pleased this High Court to mediate with his Majesty for removing of those Fears And whereas the Petitioners are informed that Sir William Belfour a Person of Honor and Trust is displaced from the Office of Lieutenant and the same Place beslowed upon a Man Out-lawed and most Notorious for Outrages Colonel Lunsford and therefore fit for any dangerous Attempt the Petitioners and many more who have Intelligence thereof are thereby put into such a hight of Fear and Jealousy as makes them restless till they have discharged their Duty in representing the same to this Honorable House May it therefore please this Honorable Assembly to take the Premisses into such Consideration as may secure both the City and Kingdom against the Mischiefs which may happen as to your great Wisdom shall be found most fitting And your Petitioners shall pray c. Randal Manwaring Maximilian Beard Edw. Gitting Jo. Pocock Sam. Warner Geo. Thomson Stephen Estwick Ric. Price Ric. Turner The House of Commons do further say That the said Colonel Lunsford is an unfit Person to be Lieutenant of the Tower For 1. They say he is a Man of a decayed and desperate Fortune The Commons Reasons against Lunsford's being Lieutenant of the Tower and so may be tempted to undertake any ill Design and they conceive it will be very prejudicial to the King and Kingdom for him to be in that place in this time of Fears and Jealousies especially to the Mint in this time of great occasions to use Monies for it
most Evident and were themselves guilty of the Disorders they refused to joyn with the Lords in a Legal Way by Proclamation and the Laws to suppress them punished the Officers and turned off the Guards appointed legally to keep the Peace and now unless the King will grant them a Guard all this must be placed to his Majesties Accounts and the Rabble be excited to affront him and force him from White-Hall which was what they longed to be at as hereafter we shall see However his Majesty returned this Gracious Answer to their Message which might have abundantly satisfied them if they had not been beforehand resolved not to be satisfied with any Answer which his Majesty could in Honor give or good Subjects in Reason expect WE have taken the last Message from you The King's Answer to the Message concerning a Guard touching your desire of a Guard into serious Consideration and truly with great grief of heart that after a whole Years sitting of this Parliament wherein you have obtained those things for the happiness and security of your selves and the rest of Our Subjects as no Age can equal instead of reaping in Peace and Tranquility the fruits of your Labours and of Our Grace and Affection to Our People We should find Jealousies Distrusts and Fears still so prevalent amongst you as to induce you to declare them unto Vs in so high a measure as you have done at this time We are wholly ignorant of the grounds of your Apprehensions but this We do protest before Almighty God to whom We must be accountable for those whom he hath intrusted to our Care and Protection that had We any knowledge or belief of the least Design in any of violence either formerly or at this time against you We would pursue them to condign punishment with the same Severity and Detestation that We would do the greatest attempt upon Our Crown We know the Duty of that place where God hath set Vs the Protection We ow to all Our Loyal Subjects and most particularly to you called to Our Service by Our Writs and We do engage unto you Solemnly the Word of a King that the Security of all and every one of you from violence is and shall ever be as much Our Care as the preservation of Vs and Our Children And if this general Assurance shall not suffice to remove your apprehensions We will Command such a Guard to wait upon you as We will be responsible for to him who hath incharged Vs with the Safety and Protection of Our Subjects White-Hall Jan. 3d. The Insolency of the Tumults was inexpressible insomuch that several young brisk Gentlemen of the Inns of Court came and voluntarily offered themselves to his Majesty at White-Hall to Guard his Person from the Rabble whose deportment was so unsufferable that 't is a Miracle no more mischief came of it but such was his Majesties tenderness and caution that he would not permit these young Gentlemen so much as to Exasperate that Rude Crew but having given them thanks for the offer of their Service and ordered them to be handsomly entertained at Tables provided for them they were dismissed Though afterwards a great noise and a Plot was made of drawing these young Gentlemen into a Design to do some strange things But though his Majesty thought not fit to make Use of their Assistance yet he sent to the Lord Mayor to call a Court of Aldermen and Common-Council and to propose to the City the care of Suppressing these Tumultuary Assemblies Proceedings at a Court of Aldermen and Common-Council upon a Message from the King by L. Newburgh concerning Tumults Dec. 31. 1641. an account of which Court and proceedings was as follows A Common-Council held at Guild-Hall in the City of London the One and Thirtieth of December 1641. Commune Concilium tent ' in Camera Guild-Hall Civit ' London ' Tricessimo primo die Decemb. 1641 post Meridiem Anno Reg ' Dom ' nostri Caroli nunc Regis Angliae c. decimo septimo coram Richardo Gurney Milite Baronetto Majore Civit. London Tho. Garnier Milite ejusdem Civit. Record Ed. BromfeildMilit Ed. Wright Mil. Alderm dictae Civit. Johan Cordell Mill. Joh. Gayer Mil. Jacobo Gerrard Mil. ac Alderm Tho. Atkin Alderm Joh. Wallaston Mil. Alderm Tho. Adams Jo. Warner Jo. Towse Abrah Reynardson Tho. Austin Predict Civit. Alderm ac Georgio Garret Georgio Clarke Mil. Alderm ac vicecom Civit. Praedict necnon majore parte Conciliariorum de Com. Concilio ejusdem Civitat tunc ibidem assemblat  At this common-Common-Council Mr. Recorder declared That by the direction of the Right Honourable the Lord Major he was to signifie to them the cause of their now Assembly how that his Lordship had yesterday received a Letter from Sir Edward Nicholas Knight one of his Majesties principal Secretaries of State intimating that it was his Majesties pleasure his Lordship should call a Common-Council against this time and then his Lordship should be advertised of his Majesties further pleasure and that there was now at this present in the Council Chamber an Honourable Person being the Lord Newburgh Chancellor of his Majesties Court of the Dutchy and one of his Majesties most Honourable Privy-Council come hither to deliver his Message to this Court And thereupon the Right Honourable the Lord Newburgh was desired to come into this Court who being here declared and said in this manner Gentlemen his Majesty out of his good affection towards the City and acknowledging of your great Loves lately shewed unto his Highness hath sent me with a Message to you assuring it to be the same contained in a Paper which he presented and desired to be read to this Common-Council which was accordingly done the Tenor whereof followeth in these words THere having been of late many Tumultuary and Riotous Assemblies of people about our Palaces of White-hall and Westminster to the great disturbance of us and our Parliament and we having received Information that some ill-affected persons do still endeavour to incite the like Tumults again we have thought fit to recommend to your especial care the preventing them as far as in you lies especially the ensuing Holy-days at which the idleness of many may make them apter to such disorders We have thought fit likewise to let you know that we are so well assured of the good affections of our City of London by the great expressions which it hath made unto us of late that we can in no wise understand it to have any share in the fault of these Tumults and Distempers but that they proceed meerly from the mean and unruly people of the Suburbs And as we are most confident of the hearts and good affections of our City of London towards us and our Government and will not entertain any other opinion so we do desire them not to be disturbed by any jealousies that ill-affected persons may endeavour to sow
groaning under the Burden of Tyrannical Oppression inflicted on them unjustly and maliciously by Unmerciful and Wicked Men that have Usurped unto themselves Places and Offices of Power and Authority both in Church and State Mr. Speaker This Great and high court is not only the Powerfullest of all other Courts whatsoever but the Prudentest and Wisest made and compacted not only of Men sound in Religion well Learned but Ripe in their Judgments contracted from all Parts of this Kingdom Elected Chosen with the free consent of the whole body Politique of the Kingdom this great and high Council is not only of such Power and Wisdom but indued and attended with the most and greatest Priviledges thereof that not only the meanest of his Majesties Subjects but the greatest Personages of the Kingdom are in danger if infringers of the same to be called in Question and by them punished therefore give me leave Mr. Speaker to speak somewhat of the Priviledges in this particular incident and appertaining to this Wise Senate and in speaking thereof I shall observe these three particulars 1. The Rights and Priviledges belonging to the same in the free Votes and Judicature thereof 2. The Rights and Priviledges belonging to the Power and Jurisdiction thereof 3. The Rights and Priviledges in the Continuances thereof being freely called and assembled by his Majesties Authority not to be dissolved or broken off till all things agitated therein for the good both of Church and Common-Wealth be fully concluded and determined First Mr. Speaker concerning the Priviledges of a Parliament belonging to the free Votes and Judicature thereof I shall observe these three particulars First To speak freely without Interruption or Contradiction in any Debate Dispute or Argument upon any business agitated in the same being a Member thereof I conceive to be one Priviledge of a Parliament Secondly Not to be questioned or any such free Dispute Argument or Debate to be taxed or accused for the same either during the free sitting thereof or after is another Priviledge of Parliament Thirdly Freely to give Vote Judgment or Sentence upon the Reading of any Bill to be made a Law or any Bill either of attainder or other Charge against Delinquents and Criminous Persons against the State at their Tryal upon the same is a third Priviledge of Parliament Fourthly To defend and Maintain the Free Vote Judgments and Sentences of the whole House by Protestation Remonstrance or other Declaration if not consented unto or opposed by the House of Lords is a Fourth Priviledge Fifthly For any Member of the House not to be accused of any Crime or Impeached for Treason by any Person whatsoever during the continuance of the Parliament for things done in the same without Legal Accusation and Prosecution of any such Member by the whole House is another Priviledge of Parliament Sixthly Not to be apprehended upon such Impeachment or arrested by any Officer or to have studies broken open their Books and Writings seized upon without consent or Warrant of the whole Parliament is another Priviledge of the same and thus much Mr. Speaker shall suffice to be spoken concerning the Priviledges and Rights of Parliament pertinent to the Subjects of which I am to speak I come now to the Second thing I proposed to your Audience which was the Rights and Priviledges belonging to the Power and Jurisdiction of the Parliament in which I shall observe these particulars First to consult and consider of what Laws are fit to be made and Enacted in this Kingdom for the good Government thereof is one Priviledge belonging to the Power and Jurisdiction of this High Court. Secondly to Justifie or abrogate repeal make Void to ratifie and Confirm Establish and Maintain Laws Statutes and Ordinances made and Enacted by precedent Parliaments by Councils of State or other Courts of Judicature is a second Priviledge pertaining to the Power and Jurisdiction of the Parliament Thirdly To give Subsidies to raise Taxes to impose Loans and other charges upon the Subject is another Priviledge belonging to the Power Jurisdiction of the Parliament Fourthly to Accuse or Impeach any Incendiaries or Delinquents in this Kingdom of any Crime notorious tending to the prejudice of his Majestie or any of his Loyal Subjects whether it be for Treason or other wayes be they Members of the Parliament or no is another Priviledge belonging to the Power and Jurisdiction of the Parliament Fifthly and lastly To prosecute and bring to Judgment such Persons so Accused or Impeached for any Crime whatsoever is another Priviledge belonging to the Power and Jurisdiction of this Court. And thus much of the Rights and Priviledges belonging to the Power and Jurisdiction of a Parliament And now Mr. Speaker I come to the last thing I Mentioned to you concerning the Priviledges belonging to the Continuance and Free sitting till all things be concluded of for the Good Government of Church and State in which I shall also observe these particulars First that for a Parliament when Freely called and Assembled by Royal Authority not to be to debate or argue any one particular business appointed by any person whatsoever is one Priviledge belonging to the Continuance of a Parliament Secondly Not to break off or dissolve a free Parliament until all the Grievances and oppression of all his Majesties Loyal Subjects be fully redressed and Remedied is a Second Priviledge belonging to the continuance of Parliament Thirdly Not to break off or dissolve a Parliament till all Incendiaries and Delinquents in the State be brought to condigne punishment for their Crimes Fourthly and lastly To Accuse or Impeach any Member of the Parliament thereby to hinder and interrupt the Legal Proceedings thereof in the Weighty Affairs of the Common-Wealth is another Priviledge belonging to the Continuance of a Parliament And thus having briefly declared to you the Power and Jurisdiction of a Parliament above all other Courts of Judicature in this Land the Wisdom and Policy of a Parliament above all other Councils the Rights and Priviledges of a Parliament in respect of the free Votes and Judicature thereof the Power and Jurisdiction thereof and the free continuance thereof I humbly leave to the Consideration of this House whether the accusation of these Gentlemen accused by his Majesty and the illegall breaking open upon this their Accusation of thir Chambers Truncks and studies be not a breach of some of the Priviledges of Parliament which I have Mentioned unto you I have nothing to say against the Real Priviledges of the High Court of Parliament but certainly that of a Parliaments sitting till all pretended Grievances are Redressed which is tantamount to sitting perpetually since there will be alwayes such Pretences is so far from being a Real Privilege of Parliament that among all the Rolls and Records of our Parliaments there cannot be found one single Instance of any Parliament that pretended or laid Claim to such a Privilege And there cannot be a more demonstrative Agreement against this
rid three Stages more as before is mentioned in order to the Royal Assent The Petition of the Inhabitants of Bucks which was delivered to his Majesty at Windsor was in these Words To the Kings most Excellent Majesty The humble Petition of the Inhabitants of the County of Buckinghamshire Sheweth THat your Petitioners having by vertue of your Highness Writ chosen John Hampden Knight for our Shire Bucks Petition to the King concerning Hampden in whose Loyalty we his Countrymen and Neighbours have ever had good cause to confide However of late to our no less amazement then grief we find him with other Members of Parliament accused of Treason And having taken to our serious consideration the manner of their Impeachment we cannot but under your Majesties favour conceive that it doth so oppugne the Rights of Parliament to the maintenance whereof our Protestation binds us that we believe it is the malice which their zeal to your Majesties Service and the State hath contracted in the enemies to your Majesty the Church and Common-wealth hath occasioned this foul Accusation rather then any deserts of theirs who do likewise through their sides wound the Judgment and Care of us your Petitioners and others by whose choice they were presented to the House Your Petitioners therefore most humbly pray that Master Hampden and the rest that lye under the burden of that Accusation may enjoy the just Priviledges of Parliament And your Petitioners shall ever pray c. To which his Majesty returned this Answer Windsor 13 Jan. 1641. HIs Majesty being graciously pleased to let his Subjects understand his care not knowingly to violate in the least degree any of the Priviledges of Parliament hath therefore lately by a Message sent by the Lord Keeper signified That he is pleased because of the doubt that hath been raised of the manner to Wave his former proceedings against Master Hampden and the rest mentioned in this Petition concerning whom his Majesty intends to proceed in an unquestionable way And then his Majesty saith It will appear that he had so sufficient Grounds to question them as he might not in Justice to the Kingdom and honour to himself have forborn and yet his Majesty had much rather that the said Persons should prove Innocent then be found guilty However he cannot conceive that their Crimes can in any sort reflect upon those his good Subjects who elected them to serve in Parliament It is Incredible what Advantages the Faction made of this Action of his Majesties in going to the Commons House in Person it shocked even many of his best Friends to that degree that they knew not what Construction to make of it insomuch that the Lord Mayor Aldermen and common-Common-Council Men Many of which were Loyal Men yet in this Epidemical Petitioning time they were also seized with the Petitioning Disease for however warrantable modest Petitioning may be yet this sort of it was really the Effect of a distempered and crazy State and did extremely promote all the insuing Mischiefs and that State Calenture for which England was forced to bleed so severely The Petition together with his Majesties most excellent Answer were as follows To the Kings most Excellent Majesty The humble Petition of the Mayor Aldermen and Common Councel of the City of London MAy it please your most excellent Majesty The Petition of the Lord Mayor c. of the City of London concerning the Kings going to the House of Commons the often expressions of your most gracious acceptance of the manifestation of the Petitioners duty and loyalty and the frequent Declarations of your Majesties great care of the good and welfare of this City and of the true Protestant Religion and of protecting and preserving the Persons and Priviledges of your great Councel assembled in the high Court of Parliament Each encouraged the Petitioners to represent the great Dangers Fears and Distractions wherein the City now is by reason of the prevailing progress of the bloudy Rebels in Ireland fomented and acted by the Papists and their Adherents and want of Aid to suppress them and the several intimations they have had both Forreign and at Home of the driving on of their Designs tending to the utter ruin of the Protestant Religion and of the Lives and Liberties of your Majesties loyal Subjects the Putting out of Persons of Honour and Trust from being Constable and Lieutenant of the Tower especially in these times and the Preparations there lately made the fortifying of Whitehall with men and Munition in an unusual manner Some of which men with provoking language and violence abused divers Citizens Passing by and the drawing divers swords and therewith wounding sundry other Citizens in Westminster-hall that were unarmed the late endeavours used to the Inns of Court the calling in divers Canonneers and other assistance into the Tower the late Discovery of divers Fire-works in the hands of a Papist and the mis-understanding betwixt your Majesty and Parliament by reason of misinformation as they humbly conceive Besides all which the Petitioners fears are exceedingly encreased by your Majesties late going into the House of Commons attended with a great multitude of armed men besides your ordinary Guard for the apprehending of divers Members of that House to the endangering of your Sacred person and of the persons and Priviledges of that Honourable Assembly The effects of all which Fears do tend not only to the overthrow of the whole Trade of this City and Kingdom which the Petitioners already feel in a deep measure but also threatens the utter ruine of the Protestant Religion and the Lives and Liberties of all your loyal Subjects The Petitioners therefore most humbly pray your Sacred Majesty That by the advice of your great Councel in Parliament the Protestants in Ireland may be speedily relieved The Tower put into the hands of persons of trust That by removal of doubtful and unknown persons from about White-hall and Westminster a known and approved Guard may be appointed for the safety of your Majesty and Parliament and that the Lord Mandevill and the five Members of the House of Commons lately accused may not be restrained of Liberty or proceeded against otherwise then according to the priviledges of Parliament And the Petitioners as in all duty bound shall pray for Your Majesties most long and happy Reign c. His Majesties Answer to the Petition of the Mayor Aldermen and Common-Councel of the City of London His Majesty having fully considered the matter of this Petition is graciously pleased to declare that being unalterably resolved to make good all his Expressions and Declarations of his care of this City Of the true Protestant Religion and of the privileges of Parliament His Majesty takes in good part the intimation given by the Petitioners of the fears and distractions wherein the City now seems to be And though He conceives He did on Wednesday at the Guild-hall satisfie most of those particulars is pleased to add this further Answer
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
to give Sir Henry Tichbourn notice of the approach of this intended Relief and the Design of the Rebels and to order him to take all possible Care of securing their Passage Which Sir Henry by the same Messenger gave his Lordship assurance he would not fail to do and accordingly that very Day he marched out with a considerable Party to meet them but these loose and ill disciplined Men not used to Military Affairs took up their Quarters at Batruby eight Miles short of Tredagh by which means he missed of joyning them that Night The next Day they continued their March but in a disorderly way The English going to relieve Tredagh defeated till they came to Julian's Town where the Rebels having notice from the Lord Gormanston as Sir John Temple from Mr. Creightston's Examination affirms were drawn up to intercept them and by reason of a Mist which then fell and through the negligence of the Scouts who were sent out to give Intelligence they were got within Musket Shot of the Enemy before they discovered them The Major however drew them up presently into what Order he could and they were in a Place of great advantage but a Lieutenant unfortunately giving out the Word Counter-march and thereupon the Men facing about in some Disorder the Rebels gave a hideous Shout and immediately charged them Which with their own fear unaccustomed to the dreadful Face of War put them into such Confusion that they could not be persuaded to make one Charge but throwing down their Arms they every Man fled and gave the Rebels an Easy though considering the Number a bloody Victory for of the whole Party only Sir Patrick Weames with the Horse the Major and 2 Captains with about 100 Men escaped to Tredagh the other three Captains with all the rest of the Soldiers except such as were Irish being there cut off and all the Arms Ammunition and Carriages being also taken by the Rebels This unfortunate Blow as it gave great incouragement to the Rebels so it did extremely deject the Spirits of the English and Protestants but to inliven them a little Sir Charles Coot who with a commanded Party was sent out into the County of Wicklow to repress the Insolencies of the Brins and Tooles who ravaged that Country committing many Depredations and Murthers upon the Protestants meeting with Luke Toole with a thousand Irish under his Command he set upon him and quickly routed them obliging him and his Men to take the Sanctuary of an Irish Bogg for his Security At Wicklow he caused some of those who were accused of the Spoiles and Robberies there to be Executed which the Rebels took for a Pretence to Revenge by the Murder of many Protestants which fell into their Hands About this time there arrived 20000 l. in pieces of Eight 20000 l. arrives out of England which went currant for 4d more in a piece then in England which was a very seasonable Supply and gave some Life and Spirit to the drooping Affairs of the Protestants and enabled the Government to carry on the Levies The King sends Mony and Arms to Ireland from Scotland with which they were now in Hand his Majesty also assisted by the Duke of Richmond had caused such Proportions of Arms and Ammunition with all the Money he could spare to be conveyed out of Scotland with Commissions to Sir Robert Steward and other Persons of Quality in the North of Ireland to give the Rebels a diversion on that side But the Rebels had set their Rest upon the taking of Tredagh and therefore quitting the North with the greatest of their Forces they drew down towards that Place But in their March thither Sir Phelim O Neil and Sir Con Mac-gennis made an Attempt upon Lisnegaruy where Sir Arthur Terringham who commanded a small Party of 400 Foot and was assisted by the Lord Conwayes and part of Captain St. John's Troop to the number of 380 Horse The Rebels repulsed at Lisnegaruy by Sir Arthur Tirringham gave them such warm Entertainment that they were repulsed with considerable loss both of Men and Reputation leaving six of their Colours and many of their Rebellious Adherents slain upon the Place without any considerable loss on the Protestants Side more then of Captain Boid and Captain St. John who fell in the Field of Honor with some private Soldiers and some few others who were wounded in the Incounter And before they sate down before Tredagh a Party of 1300 Foot besieged Mellifont the Lord Moore 's House where were only 24 Musketeers and 15 Horse who bravely defended the Place till their Ammunition was spent and then the Horse setting open the Gate made their way through the Enemy in despight of their Opposition and came safe to Tredagh and the Foot yielded upon Promise of fair Quarter which was but ill kept by the Rebels who killed some of them in cold Blood stripped the rest and Plundered the House carrying away whatsoever was of any Use or Value And now the Lords and Gentlemen of the Pale seeing the Success of the Northern Rebels and the little Force that was raised in Ireland or brought over from England to oppose them began to falter in their Loyalty also and under the pretence of Fears and Jealousies the Common Ingredients of Rebellious Designs to stand upon their Guard and to give too just Suspitions to the Government that they would rather joyn with the Rebels then assist to the Suppressing them The Lords Justices and Council therefore resolving to try them sent this Letter to them AFter our very hearty Commendations to your Lordship A Letter from the Lords Justices and Council to the Irish Lords of the Pale for as much as we have present occasion to confer with you concerning the present State of the Kingdom and the safety thereof in these times of danger We Pray and require your Lordship to be with us here on the 8th day of this Month at which time others of the Peers are also to be here And this being to no other end we bid your Lordship very heartily farewell From his Majesties Castle of Dublin the third day of December 1641. Your very Loving Friends Will. Parsons Jon. Borlase Ormond Ossery Ant. Midensis R. Dillon Ad. Loftus Ge. Shirley J. Temple Rob. Meredith To our very good Lord George Earl of Kildare The like Letters were the same day dispatched to the Earl of Antrim Earl of Fingale Viscount Gormanston Viscount Netervile Viscount Fitz-William Lord Trimblestone Lord Dunsany Lord Slane Lord of Hoath Lord Lowth Lord Lambert But the Lords of the Pale who had been already Treating with the Northern Rebels and therefore looked upon this as an artifice to ensnare them durst not adventure themselves to Dublin but Summoning an Assembly at the Hill of Tarah the Lord Gormanston brought thither an Answer ready drawn which being read and approved of was Signed by the Lords present and sent away the Copy whereof was as followeth
chosen the rather hereby to charge the said Luke Nettervile Blackney King and all the Persons there Assembled with them upon their duties of Allegiance to his Majesty immediately upon sight hereof to separate and not to unite any more in that manner without direction from us and that the said Netervile Blackney King and six others of the Principal Persons of those who are so Assembled at Swoords or thereabouts as aforesaid do appear before us to morrow morning at ten of the Clock to shew the cause of their Assembling in that manner whereof they may not fail at their extream Perils Given at his Majesties Castle of Dublin 9. Decemb. 1641. Ormond Ossery Rob. Dillon Cha. Lambart J. Temple Charles Coot But instead of Obedience to the Commands of their Lawful Superiors they returned this Answer That they were constrained to meet there together for the safety of their Lives That they were put into so great a Terror by the rising out of some Horse Troops and Foot Companies at Dublin who Killed four Catholicks for no other reason than that they bore the name of that Religion as they durst not stay in their Houses and therefore they resolved to continue together till they were assured by their Lordships of the safety of their Lives before they ran the hazard thereof by manifesting their due obedience to their Lordships And there they began to form a kind of an Army Constituting Richard Golding Thomas Russell Francis Russâ—ll Robert Travers Christopher Hollywood and others to be Captains over such Men as they had and intended to Raise Hereupon the Lords Justices and Council Published a Proclamation the 13th of December Declaring their Innocency and that those four they alledged were Killed as Papists one of which was a Protestant were such as were found actually Guilty of Rebellious Courses commanding them upon their Allegiance to his Majesty to separate upon sight of their Warrant and that the said Luke Netterville and his Accomplices should appear before the Board on the 18th of the said Month to the end they may be fully heard by the Lords Justices and Council to which end their Lordships thereby gave them and every of them the Word of the State that they might then securely and safely repair thither without danger of any trouble or stay whatsoever But they took little notice of these Commands or Promises but continued still at Swoords and their Numbers increasing they threatned to come and Incamp at Clantarfe a little Village Situate upon the very Harbor of Dublin where some of their Party had already at low Water Seized and Plundred a Barque lying there carrying a great part of the Goods they took from Aboard her to the dwelling House of Mr. King who was owner of that Village This insolent and daring Villany put the Board upon a very quick and severe Resolution fearing that if they should in good earnest Seize upon that Village and make any Fortifications there by the Assistance of the Rebels Ships at Wexford they might stop up the Haven of Dublin and prevent all Relief from coming to them from England which was the only Remainder of hopes which they had left And therefore the said King continuing in his Contumacy with the other Gentlemen at Swoords an Order of Councel was Issued to Prosecute the Rebels at Clantarf and their Relievers as follows By the Lords Justices and Council William Parsons John Borlase FOrasmuch as divers of the Inhabitants of Clantarfe Order of the Lords Justices and Council for prosecuting the Rebels at Clantarf c. 14th Dec. 1641. Raheny and Kilbarrock have declared themselves Rebels and having Robbed and Spoiled some of his Majesties good Subjects are now assembled thereabouts in Arms in great Numbers Mustering and Training of their Rebellious Multitudes to the Terror and Danger of his Majesties good Subjects as well at Land as at Sea which their boldness is acted in such a manner as to put scorns and Affronts upon this State and Government they acting such Depredations even before our Faces and in our own View as it were in despight of us It is therefore Ordered that our very good Lord the Earl of Ormond and Ossery Lieutenant General of the Army do forthwith send out a Party of Souldiers of Horse and Foot to fall upon those Rebels at Clantarfe and thereabout who in such disdainful manner stand to out-face and dare us and to endeavour to cut them off as well for Punishment of them as Terror to others and to Burn and Spoyl the Rebels Houses and Goods and to prevent their further annoying of the Shipping going out and coming in and lying in Harbour those Souldiers are to bring up or cause to be brought up to the new Crane at Dublin such of the Boats and Vessels now lying there as they can upon the sudden and to Burn Spoyl Sink and make unserviceable the rest Given at his Majesties Castle of Dublin 14th December 1641. Ormond Ossery Rob. Dillon Cha. Lambart Ad. Loftus J. Temple Cha. Coote Fr. Willoughby Also the same day an Order was Issued from the Board for Prosecuting the Rebels at Swoords as followeth By the Lords Justices and Council William Parsons John Borlase WHereas divers Rebels lately Assembled at Swoords and other Places An Order of the Lords Justices Council for prosecuting the Rebels and their Relievers at Swoords Dec. 14th 1641. where they continued in Warlike manner braving this State and Robing and Spoyling his Majesties Good Subjects thereabouts in Scorn and Contempt of this Government and Terror of his Majesties well affected Subjects thereabouts And whereas those Rebels have been harboured and relieved by the Inhabitants of Swoords and other Places who have shewed so much readiness to comply with them and good affection towards them as they did not in all the time they continued there send us any Advertisement thereof or of the Number or Strength of the Rebels whereby we might take a course to Vindicate his Majesties Honour in this State and Government from the Scorn and Affront of the Rebels and render deliverance and safety to his Majesties good Subjects It is therefore Ordered That our very good Lord the Earl of Ormond and Ossery Lieutenant General of his Majesties Army do forthwith send out a Party of his Majesties Forces Horse and Foot to fall upon those Rebels and their said Relievers and Harbourers and to cut them off and as well for Punishment of those their Relievers as for Terror to others to Burn Spoyl and Destroy the Houses Corn and all other Goods of the said Relievers at Swoords or other Places where the Rebels have been or are Relieved Given at his Majesties Castle of Dublin the 20th day of December 1641. Ormond Ossery Cha. Lambart Ad. Loftus Jo. Temple Cha. Coote Fr. Willoughby Ja. Ware Rob. Meredith And accordingly the next day Sir Charles Coot with a Commanded Party went to Clantarfe and set the Village on Fire Burning their Boats and Houses so that they
since we find there is little hope of it for some of the Priests are returned nothing being wrought thereby However it is fit your Lordship should know what we do we must now crave leave to declare to your Lordship That things being risen here to this height threatning not only the shaking of the Government but the loss of the Kingdom as the Supplies of Men Arms and more Treasure are of great necessity to be hastned away hither so is it also needful that we enjoy your Lordships presence here for the conduct in your own person of the great and important Affairs of this State as well in the Martial as in the Civil Government which do necessarily require it in this time of great imminent danger wherein so far as we may be able to contribute any assistance with you we shall be ready to discharge our duties therein with that loyalty and uprightness of heart which we owe to his Majesty and the particular respect due from us to your Lordship but we hope you will bring that strength with you which may befit the greatness of the King our Master to send with his Lieutenant against so numerous Enemies as these Rebels are become as well for the Honour of his Majesty as for the terror of those Rebels By what we have heretofore and now humbly represented to your Lordship you may in part see the greatness of the publick danger wherein this Kingdom now stands and particularly this City and Castle the principal piece thereof that if those be lost which we now again assure your Lordship were never in so great peril to be lost since the first Conquest of this Kingdom by the Crown of England the whole Kingdom must quickly follow that the danger which must thereupon arise to the Kingdom of England is very great in many Respects There is no possibility to prevent those Evils with Honor and Safety to England but by Succors from thence or Scotland or both and that if those Succors come not speedily it cannot be avoided but the Kingdom must be lost And if notwithstanding all this so often and truly made known by us to your Lordship we shall perish for want of Supplies we shall carry this Comfort with us to our Graves or any other Burial we shall have That your Lordship can witness for us to the Royal Majesty and to all the World that we have discharged our Duties to God to his Majesty to that Nation and to this in humbly representing to his Majesty by your Lordship the chief Governour of the Kingdom the Extremities and Dangers wherein his Kingdom and People stand and the necessity of hastning Supplies hither by all possible means for preservation of both so as whatever become of our persons our memory cannot be justly stained with so wretched a breach of Faith and Loyalty to the King our Master as to forbear representing thither the Extremities wherein we are whether we have the Credit to be believed or no and that we write Truth and most needful Truth will be found true when perhaps we shall perish and which is more considerable the Kingdom also for want of being Relieved and Succoured in time And so we remain Your Lordships to be Commanded William Parsons Ormond Ossory Char. Lambert John Temple Francis Willoughby Jo. Burlace R. Dillon Ad. Loftus Charles Coot R. Meredith From his Majesties Castle of Dublin 14 December 1641. Postscript BY our Letters to your Lordship of the 22. of November We did desire to be informed from thence Whether the Parliament here being once Prorogued may not again be Prorogued by Proclamation before they Sit or whether it be of necessity that they must Sit again and the Parliament to be Prorogued the House Sitting And now that this Rebellion hath over-spread the whole Kingdom and that many Members of both Houses are involved therein so as the Parliament cannot Sit We humbly desire to know his Majesties Pleasure therein and if his Majesty shall think fit to Prorogue it which at present we hold expedient that then we may receive his Commandment for Prorogation and that the doubt concerning that be cleared for to assemble at that time cannot be with Safety Our Letters of the Third of December have been hitherto with-held on this side by contrary Winds The Propositions mentioned in this Letter for a Treaty by Sir Thomas Carey and Dr. Cale a Doctor of the Sorbon were First That there should be a Toleration of Religion Some Overtures for a Treaty Secondly That Popish Officers as well as Protestants should be admitted to all Employments Thirdly That the wrongs of Plantations should be repaired since 1610. Fourthly That there should be a Proclamation to take off the File the Title of Rebels and Traitors But Sir Phelim O Neil would not be perswaded to condescend to any manner of Treaty unless the Lord Mac-guire Mac-Mahon and the other Prisoners in the Castle were first set at Liberty which the Board rejecting with Contempt and Indignation that Overture died almost as soon as it was born Though it now began to be notorious that the Lords of the The Board Vindicates Sir Charles Coot and themselves from the Imputation of the Lords of the Pale Pale were deeply in the Conspiracy yet to take away their pretences the Board published a Proclamation and sent it to those Noblemen wherein it was positively Affirmed That the Lords Justices and Council did never hear Sir Charles Coot or any other utter at the Council Board or elsewhere any Speeches tending to a Purpose or Resolution 〈◊〉 Execute on those of their Profession or any other a general Massacâ—â— nor was it ever in their thoughts to dishonour His Majesty or the State by such an Odious Detestable and Impious Action giving them assurance of their safety if they would repair to Dublin the 17th of that Month. In Answer to which The Answer of the Lords of the Pale the Lords of the Pale return a Letter to the Lords Justices wherein they complain That they were so justly affrighted with Sir Charles Coot's severity and deportment that they durst not adventure their persons within the Confines of his Government they heavily charge upon him the inhumane acts perpetrated in the County of Wickloe the Massacre of Santry and the burning of Mr. King's house at Clantorfe contrary to the Publick Faith given but the day before for which severity they said they did not blame their Lordships but Sir Charles Coot for his Rigor in the Execution and therefore desire that no sinister Construction may be made of their stay but that they may have some Commissioners appointed to confer with them concluding with professions of their Loyalty and readiness to give their advice for the advancement of His Majesty's Service and the Common Peace of the Kingdom But though they did not proceed to open Hostilities chusing rather to force the Government to be the Aggressors yet they began to form themselves into a