Estate sufficient to maintain his Quality in the Rank of Reputation which he held in the World but he was also born with a Mind so Great and Generous and a Genius so Elevated above the Lower Orb wherein he moved as could not suffer him to continue long in that safe Obscurity of a private Gentleman King James dying left his Son a Discontented State and an Empty Treasury two Misfortunes then which no Prince can well be supposed to have greater Necessitous Princes having ever been forced to part with a great measure of their Prerogative to inable them to keep and support the remainder and King Charles the First coming to the Crown found it stuck with Thorns instead of many of those Jewels which had adorned the Temples of his Royal Predecessors To Extricate himself out of those Difficulties he Summons a Parliament and layes before them the Necessities of the Crown and demands their assistance by Supplies of Money for managing the Palatinate Warr in which they had involved his Father and which with the Crown was devolved upon him but the Commons instead of Money presented him with Two Petitions one about Religion the other about Grievances and in the Conclusion they fell severely upon the Duke of Buckingham who by reason of the Great Favour of his Prince was fallen under the Popular Envy and Hatred and the Debates running very high the King Dissolved the Parliament and a Second being in the same strain and no Money to be had had also the same period of which the Reader will receive a more full Account in the Introduction to these Historical Collections whither to avoid Repetition he is referred The Necessities of the King daily increasing recourse was had to Extraordinary Methods of raising Money and among the Rest that of Loan by virtue of a Warrant under the Privy Seal to Gentlemen of Estates was made Use of and one of these Seals being sent to Sir Thomas Wentworth for 40 l he declined the Payment of the Money as intrenching upon the Property of the Subject whereupon he was confined as were several other Gentlemen upon the same Occasion By which suffering he became Exceeding Popular and look't upon as a Confessor for the Liberty and Property of the People and in the Following Parliament whereof he was a Member and in which he began to display his great Parts and Abilities upon this Occasion he came to be much taken notice of and observed even at the Court as a Person of uncommon Abilities and the gaining of him to the Kings Interest was by those who managed the Publique Affairs thought might contribute much to the advancement of the Kings Interest and Service But how unsuccessful this Procedure of gaining Men of Ability by Preferments and rebating the Edge of Popular Spirits by Honors and Advancements to Places of Trust proved to the Interest of the King not only the Event but Reason upon which it is Naturally Founded does most plainly manifest for Ambition or the natural Desire of Honour becomes hereby a perfect Hydra and the Prince cannot sooner remove one Head but immediately another rises in the place and at the same time that a Popular Opponent is converted by Court Preferment he becomes the Envy of all those whose Party he seems to have abandoned and the greatest Abilities and real Services he shall render to his Benefactor will not only be ill represented but by how much the greater his Interest Power and Abilities are by so much will he be Esteemed more dangerous and in proportion both Envy'd and Hated However it seems these were not the Sentiments at that time of those who managed the Affairs of State for a Train was laid for an Interview between Sir Richard Weston then Lord Treasurer and afterwards Earl of Portland and Sir Thomas Wentworth which being Effected the Interview begot an acquaintance and the acquaintance in a little time grew to a most Firm and Solid Friendship Great Minds being with little Difficulty invited to and Established in those Generous Friendships which are begotten not out of Wantonness or trifling formality but by the inward harmony and likeness which Noble Souls quickly discover in Each other It happened that in some of the divertive Entertainments of their agreeable Conversation these Two Great Men falling upon the Discourse of the Popular Humor in the Commons House which the Lord Treasurer wisely judged could never either portend or promote any real advantage to the Nation Sir Thomas declared himself to be in his Judgment an absolute Enemy to the consequences and dreadful Effects which usually attend Popular Commotions and disturbances which generally produce the very same or worse miseries then those which they pretend to redress and pursuing his ingenious discourse he offered some Expedients so rational and persuasive towards a Mediation and Reconcilement of the present Differences and some things so apposite to the present juncture of Affairs as Extremely raised the value of his Prudence and Wisdom in the Esteem of the Lord Treasurer who daily discovered more and more the penetrating Abilities of his Mind mingled with a solid firmness of Reason and Judgment It will easily be believed that the Lord Treasurer having as he could not but conclude found a Jewel fit for a Princes Cabinet was not backward in representing Sir Thomas Wentworth to his Majesty with a Character no ways disadvantagious to him nor was there any great difficulty to introduce him into his Majesties Esteem and Favour who was already possessed with a belief and knowledg of his Merit and how serviceable a Person of his Interest and Qualifications might be to his Affairs He was no sooner come under the warm influence of Majesty but he was made sensible of the Beams of Honour which are derived from the Royal Fountain of it and in a little time he was created Baron Wentworth and the Ascendant of his wisdom daily gaining upon his Majesties Favour and Esteem he was shortly advanced to the Honour of Viscount Wentworth of Wentworth Woodhouse made one of his Majesties most Honorable Privy-Council Lord Lieutenant of the County of York and Lord President of the Court and Council of the North. And here give me leave to mention a little and in appearance a trifling accident of Honour which proved the great if not the only occasion of his Ruin among the rest of his Honours he had the Title of Baron of Raby an Honour to which Sir Henry Vane one of his Majesties Secretaries of State who was possessed of the Castle of Raby and the Demeasns thereunto belonging had some pretensions and was not a little ambitious of but being overshadowed by this lofty and spreading Cedar he was so stung with the disappointment and so thirsty of Revenge that though he warily smothered his Resentments yet he was ever an Enemy to this Noble Lord and as it appeared for his sake to his Royal Master and as it may from hence be not improbably conjectured judging himself far more
the Defence I desire leave to open what is the Nature what the Height and Quality of the Offence of which this great Lord stands Accused before you My Lords It is a Charge of the highest Nature that can be against a man A Charge of High Treason It is a Treason not ending and expiring in one single Act of a discontented Heart but a Habit a Trade a Mistery of Treason exercised by this Great Lord ever since the King's Favour bestowed on him My Lords It hath two Evils to deprive us of that which is good That is to subvert and take away the fundamental the ancient Laws whereby we are secure of whatsoever we do enjoy it hath My Lords a positive Evil in it to introduce instead of that an Arbitrary Government bounded by no Laws but by the Evil Councels of such Ministers as he hath been My Lords It is the Law that gives that Soveraign Tye which with all Obedience and Chearfulness the Subject renders to the Soveraign It is the Law My Lords that gives Honours to the Lords and Nobles Interest Property and Liberty to the Subject My Lords The Law as it is the Foundation and Ground of all these hath its distribution in a course of Justice Justice is derived as by so many Channels by the several Courts of Justice whereby the King's Justice for it is His is brought and conveyed to the Subject My Lords Of all this hath my Lord of Strafford endeavoured not only to put the Subject out of present Possession but to make him uncapable of the future Benefit of it Other Treasons yea a Treason against the Person of a Prince which is the most Transcendent and High Treason that can be fall short of this Treason For a good Prince may be gathered to His Fathers yet another may succeed him that supports the Glory and Justice of his Throne We have had Experience of it When blessed King James was taken from us to Heaven Sol occubuit nox nulla secuta est But if any one such a design as this should take effect That the Law and Justice should be taken from the Throne and Will placed there we are without hope of ever seeing Remedy Power in so great a measure taken is not easily laid down unless it be by the exceeding great goodness of so merciful and just a Prince as we have My Lords The Particulars of this Treason are Conveyed to your Lordships in 28 several Articles I shall shortly and briefly touch but the Heads of those on which I shall insist and give some distribution of them And I think the best way will be this To consider first what he did and what he said before he went into Ireland then what he did and said there and what he hath done since And in all of them you will find this his main design which I have opened That Law might no were stand against his Will and to settle it that he might continue so My Lord hath declared this in incroaching Jurisdiction where it was not in exercising an Arbitrary Power under that Jurisdiction in taking on him a Power to make Laws In Domincering and Tyrannyzing over the Lives the Liberties the Goods the Estates and whatsoever is the Subjects And My Lords this hath he done not only on those of the meaner sort that could not resist him but on the Peers on the greatest and most ancient Nobility of Ireland And what might your Lordships expect but the same measure at his hands had his Will had its passage here which it had in Ireland I shall come now to the particular Articles 1. And first Whereas it pleased His Majesty to place him with Power and Honour in his hand in the North as President he had not been long there but that Commission which bounded and pleased his Predecessors he must needs surmount and overgo There was a Commission in 16 Jac. which the then Lord-Deputy had in which was that Legal phrase Secundùm antiquum cursum his own Commission 4 Car. pursued that without any alteration but being in but four years this would not please his boundless Ambition he must needs have the Power that the Lords in the Star-Chamber have put in express terms a Power to proceed according to the course of the Chancery that his Conscience might limit other mens Estates That his Injunctions might stay other Proceedings at Law And which is highest of all if any thing be done in that Court within these Instructions then no Prohibition should be Awarded He would make himself safe from any supervising of other Courts If he Committed any man to Prison though a Habeas Corpus were granted then which the Subject hath no other remedy to vindicate his Liberty the Officer for the encouragement of those which be under his Power must not obey it And if any Fine be put upon the Officer then comes a command in this Commission That the Fine shall be discharged so he not only takes a Power to himself but also takes the Scepter of Justice out of the King's Hands for by this means there is an impossibility the Subject should have the Justice that my Lord knows is due to him and he knows it right well for when he was a Member of the House of Parliament it was his own motion who now stands at the Barr That all the Officers and Ministers of State shall serve the King according to that Law and he is the first Officer and Minister of State that breaks it and in the most transcendent degree that ever it was broken My Lords He doth in this as much as in him lies say to the Laws Do your worst You can but Fine and that you can do shall come to nothing the Fine shall not be paid The Officer shall not obey you If this had been a single Act we should never have accused him of this Treason though it comes very High and very Transcendent But the Oppressions and Injustice the Counsels and Speeches that we present to Your Lordships we present them not singly but as together designing and noting what a Treasonable purpose and disposition is in him 2. My Lords The next thing he doth when he is in the North among the Justices of the Peace and the People attending for Justice you shall see what Encouragement he gives them to look for it and how foul a thing he dares to fling on the Sacred Majesty that did advance him He tells the Justices that were to do Justice and the People that were to receive Justice That some of the Justices were all for Law but they should find The King 's little Finger is heavier than the Loyns of the Law Your Lordships may consider what a transcendent Speech this was out of whose Mouth it came what sad Accidents happened upon it nothing could move this Lord to utter it but his Will and his Violence must out though he burst a Kingdom in pieces for it 3. The next thing is this When
deposed positively the Words in the Charge The Lord Gorminstone also deposed that he heard the Earl speak those words at another time in open parliament Lord Gorminstone and that the Commissioners who drew the Instructions for the Government of Ireland were a Company of narrow hearted Commissioners The Lord Kilmallock deposed the same Sir Pierce Crosby deposed the same Lord Kilmallock Sir Pierce Crosby My Lord of Strafford after a quarter of an hours respite made his Defence That he had observed the Natives of Ireland have not been Prepitious to their Governours he instanced in Sir John Perrot on their Testimonies attainted of Treason in a legal Ordinary way who lost his Estate though not his Life and yet after it was confest there was little truth in the Accusation My Lord Faulkland had the same treatment being informed against by the same Witnesses Sir Pierce Crosby and Lord Mount-Norris and yet it appeared he had dealt as Honourably Justly and Nobly to his Vnderstanding as any man could do That it was impossible but in the way of Justice a Governour must give Offence to many which he intreated their Lordships to consider He said That though the words were spoken yet were they not Treason and had they been Treason yet by Proviso of Stat. of Ed. 6. the Information ought to be within 30 dayes He instanced in the Lord Cook in Calvin's Case 20 H. 6.8 Dyer 360. to prove that the Laws and Customs of Ireland are diverse from the Lawes of England That he should do Extreamly ill to the Honour of the English Nation and to the memory of divers of their Lordships Ancestors if he should not say and think that Ireland is a Conquered Nation He instanced in the Stat. 11 Eliz. where at the Attainder of Shan Oneal the samous Rebel it is said that all the Clergy were assembled in Armagh at the time of the Conquest That King Henry the Second is in the Statute called the first Conqueror of Ireland That all Histories acknowledg it That he spoke the Words to magnifie the King's Grace and Goodness and that there was then no offence taken at them For the other words That the King might do with them what he pleased let them relate to the Conquest and there is no Offence in them As to the words spoken to the Recorder of Dublin he did with the greatest assevetarion utterly deny the speaking of them Mr. Slingsby his Secretary averred the same and that the first words were so well taken that he was thereupon invited to the Mayor's House at a publique Entertainment To their Charters being void he said it was Evident they were so in point of Law as he was informed by the King's Council for their Non-performance of the Trust reposed in them appealing to my Lord of Cork that the reason of it was that most of the Aldermen were Recusants and would Plead their Charters against the Orders of the Board by which means many great disorders were continued The Managers Urged That this justified a part of the Charge that Charters were judged by the Board whereas the Council-Table hath no such Power The Earl replyed It was not to judg their validity but whether ill Vsage and Extortion were not practised under colour of them and that they were complained of as grievances in Parliament Lord Dillon which the Lord Dillon averred to be true To which the Earl added That he did it in favour of the Protestants who were by these Charters depressed by the Roman-Catholicks and that he looked upon this which was objected as a Crime as a service to the Protestant Religion He said it would perhaps be well known hereafter when he was in his Grave that his great fault was his great zeal to bring them to conform to the Church of England That notwithstanding this they still enjoy their Charters and for his saying Ireland was a conquered Nation it was upon the Occasion of pressing them to supply the Crown for that if the Kingdom of England should still be put to the Charge and the whole Expence rest on the Conqueror you might very well think you are so dealt with as never any other Conquered Nation had been adding There were Copies of his Speech that would justifie what he said and that the Speech was in Ireland That my Lord Ormond told him it was ill resented To which he answered Truly my Lord you are a conquer'd Nation but you see how I speak it and no otherwise The Lord Dillon averred Lord Ranulagh Sir George Wentworth that he stood under the Cloth of State but did not hear the words That they should expect Laws as from a Conqueror The Lord Ranulagh remembred the first words but not their last Sir George Wentworth said That he brought the Speech to the King and in that there was no such word The Managers then Urged That though this was not in that Speech yet some thing was then spoken though in a milder sence but it was spoken after upon Occasion of a Petition delivered by the Commons after they had given the King the Subsidies concerning their Laws To this Mr. Fitzgarret deposed That there was such a Petition Fitzgarret and that there was an answer given either at the Board or in full Parliament from the House of Lords but he does not remember any part of it but afterwards the Earl affirming it was at the Board and not in Parliament he said he conceived there were two Petitions one to the Council another to the Parliament about redress of Grievances but remembers not the Answer But the Lord Gorminstone spoke positively then Lord Gorminston That it was in Parliament upon the Occasion of that Petition wherein as my Lord Strafford observed he contradicted himself having before fixed it on the Speech in the beginning of the Parliament upon Petition of the Commons desiring the benefit of some Graces his Majesty had been pleased to confer on them The Lord Killmallock deposed it was in Parliament Lord Killmallock 3 or 4 dayes after the delivery of that Petition Then the Statute of 28 H. 6. King James's Instructions 1622 and a Proclamation upon them were read dated November 1. 1625. whereby it was Ordered That no private Causes should come before the Board but be referred to their proper Courts Then the 4th Article was read being concerning the Lord of Cork's being disseized of an Impropriation and saying Lord Ranulagh That an Act of State should be as binding as an Act of Parliament The Lord Ranulagh deposed That the Cases of the Church and Plantations were in the times of former Deputies Resolved at the Board and that he never knew any other Titles determined there But the further Disquisition was put off till the next day Upon Friday the Earl of Cork was Examined and deposed Friday Mar. 26. Earl of Cork That the Lord Deputy presented one Arthur Gwyn formerly Groom to the said Earl of Cork to a
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
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
certainly nothing else can preserve us if you will Condemn us before you tell us where the Fault is that we may avoid it My Lords may your Lordships be pleased to have that regard to the Peerage of England as never to suffer your selves to be put upon those Moot-Points upon such Constructions and Interpretations and Strictness of Law as these are when the Law is not clear nor known If there must be a Tryal of Wits I do most humbly beseech your Lordships to consider that the Subject may be of something else then of your Lives and your Honors My Lords We find that in the Primitive time on the Sound and Plain Doctrine of the blessed Apostles they brought in their Books of Curious Art and burnt them My Lords it will be likewise under favour as I humbly conceive Wisdom and Providence in your Lordships for your felves and posterities for the whole Kingdom to cast from you into the Fire those Bloody and Misterious Volumes of Constructive and Arbitrary Treasons and to betake your selves to the plain Letter of the Statute that tells you where the Crime is that so you may avoid it and let us not my Lords be ambitious to be more Learned in those killing Arts then our Fore-fathers were before us My Lords It is now full Two Hundred and Forty years since any Man ever was Touch'd to this Height upon this Crime before my self We have lived my Lords happily to our selves at Home we have lived Gloriously Abroad to the World let us be content with that which our Fathers left us and let us not awake those Sleepy Lyons to our own Destruction by Ratling up of a Company of Records that have lay'n for so many Ages by the Wall Forgotten or Neglected My Lords There is this that troubles me extreamly lest it should be my Misfortune to all the rest for my other Sins not for my Treasons that my Precedent should be of that Disadvantage as this will be I fear in the Consequence of it upon the Whole KINGDOM My Lords I beseech you therefore that you will be pleased seriously to consider it and let my particular Case be so looked upon as that you do not through me Wound the Interest of the Common-Wealth For howsoever those Gentlemen at the Bar say They Speak for the Common-Wealth and they believe so yet under favour in this particular I believe I Speak for the Common-Wealth too and that the Inconveniencies and Miseries that will follow upon this will be such as it will come within a few Years to that which is exprest in the Statute of Henry the Fourth it will be of such a Condition that no Man shall know what to do or what to say Do not my Lords put greater Difficulty upon the Ministers of State then that with Chearfulness they may Serve the King and the State for if you will Examine them by every Grain or every little Weight it will be so heavy that the Publick Affairs of the Kingdom will be left waste and no man will meddle with them that hath Wisdom and Honor and Fortune to lose My Lords I have now troubled your Lordships a great deal longer then I should have done were it not for the Interest of those PLEDGES that a Saint in Heaven left me I would be loth my Lords here his Weeping stopt him what I forfeit for my self is nothing but I confess that my Indiscretion should Forfeit for them it wounds me very deeply You will be pleased to pardon my Infirmity something I should have said but I see I shall not be able and therefore I will leave it And now my Lords for my Self I thank God I have been by his Good Blessing towards me taught That the Afflictions of this present Life are not to be compared with that Eternal Weight of Glory that shall be Revealed for us hereafter And so my Lords even so with all Humility and with all Tranquility of Mind I do submit my self clearly and freely to your Judgments and whether that Righteous Judgment shall be to Life or to Death Te Deum Laudamus Te Dominum Confitemur And then lifting up his Hands and Eyes he said In te Domine confido ne confundar in Eternum Thus did this Great Mind deliver his Defence with a Grace and Action so unimitable and peculiar to himself as wrought Admiration and Compassion in his very Enemies at least for the present And pitty it is that it cannot be found in the power of Art to rescue that part of Eloquence which consists in Action from oblivion and had it been possible here would have been something besides the Words capable of Obliging Posterity and worthy of their Imitation for certainly as his very Enemies confessed He was one of the greatest Masters of Persuasion that Age or any other have produced My Lord having concluded his Defence Mr. Glyn addressing himself to the Lords spoke as followeth May it please Your Lordships MY Lord of Strafford as your Lordships have observed hath spent a great deal of time in his Evidence and in his course of Answering hath inverted the order of the Articles he hath spent some time likewise in defending the Articles not objected against him wherein he hath made a good Answer if in any We shall presume to withdraw a while and rest upon your Lordships patience and I doubt not but to represent my Lord of Strafford as cunning in his Answer as he is subtil in his Practice The Committee withdrawing for about the space of half an hour and then returning to the Bar Mr. Glyn proceeded as followeth My Lords Your Lordships have observed how the Earl of Strafford hath been accused by the Commons of England of High Treason for a purpose and design to subvert the Fundamental Lawes of both the Kingdoms of England and Ireland and to introduce an Arbitrary and Tyrannical Government The Commons have exhibited Articles in maintenance of that Charge My Lord of Strafford hath thereunto answered in Writing The Commons have proceeded to make good their Charge by proof and thereunto my Lord of Strafford hat made his Defence and this day my Lord of Strafford hath taken upon him to recollect his Evidence and make his observation upon it the most he could to his advantage My Lords We that are intrusted for the House of Commons stand here to recollect the Evidence on our part and to apply it to the general Charge and how far it conduces thereunto My Lord of Strafford in recollecting the Evidence of his Defence as I did mention before hath under favour exprest very much subtilty and that in divers particulars which I shall represent to your Lordships My Lords before I enter upon the recollection of the proofs produced on the behalf of the Commons I shall make some observations and give some answer to that recollection of his though very disorderly to the method I propounded to my self And First in general it will appear to your Lordships
the Evidence with me concerning the Army of Ireland nor yet that all the rest of the Junto upon their Oaths remember nothing of it But this Sir which I shall tell you is that which works with me under favour to an utter overthrow of his Evidence as unto that of the Army of Ireland before whilst I was a Prosecutor and under tye of Secrecy I might not discover any weakness of the Cause which now as a Judge I must Mr. Secretary was examined thrice upon Oath at the preparatory Committee The first time he was questioned to all the Iterrogatories and to that part of the Seventh which concerns the Army of Ireland He said positively in these words I cannot Charge him with that But for the rest he desires time to recollect himself which was granted him Some days after he was Examined a second time and then deposes these words concerning the King's being Absolved from Rules of Government and so forth very clearly But being prest to that part concerning the Irish Army He said again I can say nothing to that Here we thought we had done with him till divers weeks after my Lord of Northumberland and all others of the Junto denying to have heard any thing concerning those words Of reducing England by the Irish Army It was thought fit to Examine the Secretary once more and then he deposes these words to have been said by the Earl of Strafford to His Majesty You have an Army in Ireland which you may employ here to reduce or some word to that sence this Kingdom Mr. Speaker these are the Circumstances which I confess with my Conscience thrust quite out of doors that Grand Article of our Charge concerning his desperate Advice to the King of employing the Irish Army here Let not this I beseech you be driven to an Aspersion upon Mr. Secretary as if he should have Sworn otherwise than he knew or believed he is too worthy to do that only let thus much be inferred from it that he who twice upon Oath with time of Recollection could not remember any thing of such a business might well a third time mis-remember somewhat in this business the difference of one Letter here fer there or that for this quite alters the Case the latter also being more probable since it is confest of all hands that the Debate then was concerning a War with Scotland and you may remember that at the Bar he once said To employ there And thus Mr. Speaker I have faithfully given you an account what it is that hath blunted the edge of the Hatchet or Bill with me towards my Lord of Strafford This was that whereupon I Accused him with a free heart Prosecuted him with earnestness and had it to my understanding been proved should have condemned him with Innocence Whereas now I cannot satisfie my Conscience to do it I profess I can have no notion of any bodies intent to subvert the Laws Treasonably or by force and this design of Force not appearing all his other wicked practises cannot amount so high with me I can find a more easie and more natural Spring from whence to derive all his other Crimes than from an intent to bring in Tyranny and to make his own Posterity as well as Vs Slaves as from Revenge from Pride from Avarice from Passion and Insolence of Nature But had this of the Irish Army been proved it would have diffused a Complexion of Treason over all it would have been a Withe indeed to bind all those other scattered and lesser branches as it were into a Faggot of Treason I do not say but the rest may represent him a man as worthy to dye but perhaps worthier than many a Traytor I do not say but they may justly direct Vs to Enact That they shall be Treason for the future But God keep me from giving Judgment of Death on any man and of Ruine to his innocent Posterity upon a Law made a Posteriori Let the Mark be set on the door where the Plague is and then let him that wilenter dye I know Mr. Speaker there is in Parliament a double Power of Life and Death by Bill a Judicial Power and a Legislative the measure of the one is what 's legally just of the other what is Prudentially and Politickly fit for the good and preservation of the whole But these two under favour are not to be confounded in Judgment We must not piece up want of legality with matter of convenience not the defailance of prudential fitness with a pretence of legal Justice To Condemn my Lord of Strafford Judicially as for Treason my Conscience is not assured that the matter will bear it And I do it by the Legislative Power my reason consultively cannot agree to that since I am perswaded neither the Lords nor the King will pass the Bill and consequently that Our passing it will be a Cause of great divisions and Combustions in the State And therefore my humble advice is That laying aside this Bill of Attainder We may think of another saving only Life such as may secure the State from my Lord of Strafford without endangering it as much by Division concerning his Punishment as he hath endangered it by his practices If this may not be hearkened unto Let me conclude in saying that unto you all which I have throughly inculcated to mine own Conscience upon this occasion Let every man lay his hand upon his Heart and sadly consider what We are going to do with a Breath either Justice or Murther Justice on the one side or Murther heightned and aggravated to its supreamest extent For as the Casuists say That he who lies with his Sister commits Incest but he that marries his Sister sins higher by applying God's Ordinance to his Crime So doubtless he that commits Murther with the Sword of Justice heightens that Crime to the utmost The danger being so great and the Case so doubtful that I see the best Lawyers in diametral opposition concerning it Let every man wipe his Heart as he does his Eyes when he would Judge of a nice and subtile Object The Eye if it be pretincted with any colour is vitiated in its discerning Let us take heed of a blood-shotten Eye in Judgment Let every man purge his Heart clear of all passions I know this great and wise Body-politick can have none but I speak to individuals from the weakness which I find in my self away with personal Animosiites away with all flatteries to the people in being the sharper against him because he is odious to them away with all fears lest by the sparing his blood they may be incens'd away with all such Considerations as that it is not fit for a Parliament that one Accused by it of Treason should escape with Life Let not former Vehemence of any against him nor fear from thence that he cannot be safe while that man lives be an ingredient in the Sentence of any one of Vs Of all these
for though it cost him his life he that is in possession thinks it as well worth the keeping John Sparhank in King Henry the Fourth's time meeting two men upon the way amongst other talk said That the King was no rightful King but the Earl of March and that the Pope would grant Indulgencies to all that could assist the Earl's Title and that within half a year there would be no Liveries nor Cognizances of the King that the King had not kept promise with the People but had laid Taxes upon them In Easter-Term in the third year of Henry the Fourth in the Kings Bench Rot. 12. this adjudged Treason this denying the Title with Motives though not implyedly of Action against it adjudged Treason this is a compassing the Kings death How this was a compassing of the Kings Death is declared in the Reasons of the Judgment that the words were spoken with an intent to withdraw the affections of the people from the King and to excite them against him that in the end they might rise up against him in mortem destructionem of the King My Lords in this Judgment and others which I shall cite to your Lordships it appears that it is a compassing the Kings death by Words to endeavour to draw the Peoples hearts from the King to set discord between the King and them whereby the People should leave the King should rise up against him to the death and destruction of the King The Cases that I shall cite prove not only that it is Treason but what is sufficient Evidence to make this good Upon a Commission held the 18th year of Ed. 4. in Kent before the Marquess of Dorset and others an Indictment was preferred against John Awater of High-Treason in the Form before-mentioned for Words which are entred in the Indictment Sub hac forma That he had been servant to the Earl of Warwick that though he were dead the Earl of Oxford was alive and should have the Government of part of that Country That Edward whom you call King of England was a false Man and had by Art and Subtilty slain the Earl of Warwick and the Duke of Clare his Brother without any cause who before had been both of them attainted of High-Treason My Lords This Indictment was Returned into the Kings-Bench in Trinity Term in the Eighteenth year of Edward the Fourth and in Easter-Term the Two and twentieth of Edward the Fourth he was outlawed by the stay of the outlawry so long as it seems the Judges had well advised before whether it were Treason or not At the same Session Thomas Heber was Indicted of Treason for these words That the last Parliament was the most simple and insufficient Parliament that ever had been in England That the King was gone to live in Kent because that for the present he had not the love of the Citizens of London nor should he have it for the future That if the Bishop of Bath and Wells were dead the Archbishop of Canterbury being Cardinal of England would immediately lose his head This Indictment was returned into the Kings-Bench in Trinity-Term in the 18th year of Edward the 4th afterwards there came a Privy-Seal to the Judge to respit the Proceedings which as it should seem was to the intent the Judges might advise of the Case for afterwards he is outlawed of High-Treason upon this Indictment These words are thought sufficient evidence to prove these several Indictments that they were spoken to withdraw the Peoples Affections from the King to excite them against him to cause Risings against him by the People in mortem destructionem of the King Your Lordships are pleased to consider That in all these Cases the Treason was for words only words by private Persons and in a more private manner but once spoken and no more only amongst the People to excite them against the King My Lords here are Words Counsels more then Words and Actions too not only to disaffect the people to the King but the King likewise towards the People not once but often not in private but in places most Publick not by a private person but by a Counsellor of State a Lord-Lieutenant a Lord-President a Lord-Deputy of Ireland 1. To His Majesty that the Parliament had denyed to supply Him a Slander upon all the Commons of England in their Affections to the King and Kingdom in refusing to yield timely supply for the necessities of the King and Kingdom 2. From thence that the King was loose and absolved from Rules of Government and was to do every thing that Power would admit My Lords more cannot be said they cannot be aggravated whatever I should say would be in Diminution 3. Thence you have an Army in Ireland you may employ to reduce this Kingdom To Counsel a King not to Love His People is very Unnatural it goes higher to hate them to Malice them in his heart the highest expressions of Malice to destroy them by War These Coals they were cast upon his Majesty they were blown they could not kindle in that Breast Thence my Lords having done the utmost to the King he goes to the people At York the Country being met together for Justice at the Open Assises upon the Bench he tells them speaking of the Justices of the Peace that they were all for Law nothing but Law but they should find that the Kings Little Finger should be heavier then the Loyns of the Law as they shall find My Lords Who speaks this to the People a Privy-Counsellor this must be either to traduce His Majesty to the People as spoken from him or from himself who was Lord-Lieutenant of the County and President intrusted with the Forces and Justice of those parts that he would Employ both this way Add my Lords to his Words there the Exercising of an Arbitrary and Vast Jurisdiction before he had so much as Instructions or Colour of Warrant Thence we carry him into Ireland there he Represented by his place the Sacred Person of his Majesty First There at Dublin the Principal City of that Kingdom whither the Subjects of that Country came for Justice in an Assembly of Peers and others of greatest Rank upon occasion of a Speech of the Recorder of that City touching their Franchises and Regal Rights he tells them That Ireland was a Conquered Nation and that the King might do with them what he pleased Secondly Not long after in the Parliament 10 Car. in the Chair of State in full Parliament again That they were a Conquer'd Nation and that they were to expect Laws as from a Conqueror before the King might do with them what he would now they were to expect it that he would put this Power of a Conqueror in Execution The Circumstances are very Considerable in full Parliament from himself in Cathedra to the Representative Body of the whole Kingdom The Occasion adds much when they desir'd the Benefit of the Laws and that their Causes and Suits
might be determined according to Law and not by himself at his Will and Pleasure upon Paper-Petitions Thirdly Upon like occasion of Pressing the Laws and Statutes that he would make an Act of Council-Board in that Kingdom as Binding as an Act of Parliament Fourthly He made his Words good by his Actions Assumed and Exercised a Boundless and Lawless Jurisdiction over the Lives Persons and Estates of His Majesties Subjects procured Judgment of Death against a Peer of that Realm Commanded another to be Hanged this was accordingly Executed both in times of High Peace without any Process or Colour of Law Fifthly By Force of a long time he Seized the Yarn and Flax of the Subjects to the Starving and undoing of many thousands besides the Tobacco business and many Monopolies and Unlawful Taxes forced a New Oath not to dispute His Majesties Royal Commands determined Mens Estates at his own Will and Pleasure upon Paper-Petitions to himself forced Obedience to these not only by Fines and Imprisonment but likewise by the Army sessed Soldiers upon the Refusers in an Hostile manner Sixthly Was an Incendiary of the War between the two Kingdoms of England and Scotland My Lords We shall leave it to your Lordships Judgments whether these words Counsels and Actions would not have been a sufficient Evidence to have Proved an Indictment drawn up against him as those before mentioned and many others are That they were spoken and done to the Intent to draw the King's heart from the People and the Affections of the People from the King that they might leave the King and afterwards rise up against him to the destruction of the King if so here is a Compassing of the King's Death within the Words of the Statute of 25th year of Edward the Third and that Warranted by many former Judgments My Lords I have now done with the Three Treasons within the Statute of the Twenty fifth of Edward the 3d. I proceed unto the 4th upon the Statute of the Eighteenth year of Henry the 6th Chapter the third in Ireland and I shall make bold to read the words to your Lordships That no Lord nor any other of what condition soever he be shall bring or lead Hoblers Kernes or Hooded Men nor any other People nor Horses to lye 〈◊〉 Horseback or on Foot upon the King's Subjects without their good wills and consent but upon their own Costs and without hurt doing to the Commons and if any so do he shall be adjudged as a Traytor 1. The Argument that hath been made concerning the Person that it extends not to the King and therefore not to him weighs nothing with your Lordships Rex non habet in Regno parem from the greatness of his Office to argue himself into the same inpossibility with His Sacred Majesty of being incapable of High-Treason it 's an Offence no Treason The words in the Statute No Lord nor any other of what condition soever he be include every Subject In Trinity Term in the Three and thirtieth year of Henry the Eighth in the King's-Bench Leonard Lord Gray having immediately before been Lord-Deputy of Ireland is Attainted of High-Treason and Judgment given against him for letting diverse Rebels out of the Castle of Dublin and discharging Irish Hostages and Pledges that had been given for securing the Peace for not punishing one that said That the King was an Heretick I have read the whole Record there 's not one thing laid to his Charge but was done by him as Lord Lieutenant He had the same Plea with my Lord of Strafford That these things were no adhering to the King's Enemies but were done for Reasons of State that he was not within those words of the Statute of the 25 of Edw. 3. himself being Lord-Lieutenant there Object It hath been said That the Soldiers sessed upon the Subjects by him were not such persons as are intended by that Statute Hoblers Kernes and Hooded Men those Rascally people Answ My Lords they were the names given to the Soldiery of those times Hoblers Horsemen the other the Foot But the words of the Statute go further Nor any other People neither Horse nor Foot His Lordship sessed upon them both Horse and Foot Object The Statute extends only to those that lead or bring Savil led them my Lord only gave the Warrant Answ To this I shall only say thus Plus peccat author quam Actor by the rule of the Law Agentes consentientes pari plectuntur poena if consent much more a Command to do it makes the Commander a Traytor If there be any Treason within this Statute my Lord of Strafford is Guilty It hath been therefore said That this Statute like Goliah's Sword hath been wrapt up in a Cloath and laid behind the door that it hath never been put in Execution My Lords if the Clerk of the Crown in Ireland hath certified your Lordships upon search of the Judgments of Attainders in Ireland he could not find that any man had been attainted upon this Statute your Lordships had had some ground to believe it Yet it 's only my Lord of Strafford's Affirmation besides your Lordships know that an Act of Parliament binds until it be repealed It hath been therefore said That this Statute is repealed by the Statute of the 8 Ed. 4. Cap. 1. and of the 10th of Hen. 7. Cap. 22. because by these two Statutes the English Statutes are brought into Ireland The Argument if I mistook it not stood thus That the Statute of the First of Henry the 4th the 10th Chap. saith That in no time to come Treason shall be adjudged otherwise then it was ordained by the Statute of the 25 E. 3. that the reason mentioned in the Eighteenth year of Henry the Sixth in the Irish Statute is not contained in the 25 Edw. 3. and therefore contrary to the Statute of the 1 Hen. 4. it must needs be void If this were Law then all the Statutes that made any new Treason after the First of Henry the 4th were void in the very Fabrick and at the time when they were made hence likewise it would follow that the Parliament now upon what occasion soever have no Power to make any thing Treason not declared to be so in the Statute 25 Edw. 3. This your Lordships easily see would make much for the Lord of Strafford's advantage but why the Law should be so your Lordships have only as yet heard an Affirmation of it no reason But some touch was given that the Statute of the Tenth year of Henry the Seventh in words makes all the Irish Statutes void which are contrary to the English The Answer to this is a denial that there are any such words in the Statute The Statute declares that the English Statutes shall be effectual and confirmed in Ireland and that all the Statutes made before-time to the contrary shall be revoked This repeals only the Irish Statutes of the Tenth year of Henry the Fourth and the Nine and twentieth
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
House of Commons was printed and dispersed all over England which when complained of though disclaimed by the House within doors yet was it never Counter-manded no Penalty inflicted upon the Printer Publishers or Spreaders of this Counterfeit Order nay they were not so much as once questioned for it By the Encouragement of this Order and the Countenance this Petitioning and Articling against the Clergy found from the Committee for Religion there were above 2000 Petitions Exhibited in a short time against them in which they were charged with the most horrid Crimes of Adultery Prophaneness Swearing Drunkenness and indeed what not Every accusation was not only received but Credited insomuch that few or none of the Loyal Clergy Escaped the lash Honesty and Learning being then as Mr. Selden said Sins enough in a Clergy-man And when ever the Reader shall hereafter meet with any of these Votes against the Clergy he is to look upon them rather as Marks of Honesty and honourable Scars of their Wounded Reputation then brands of ignominy or real Crimes for all their Sufferings proceeded only from their being guilty of Loyalty to their Sovereign Lord and King and Obedience to their Superiors and the Laws of the Church and of the State too as then it was Established But to pass forward this New Plot of seducing the Army with which not only London but the whole Nation rung again was of Extraordinary Service to them and from the Rumors which were spread of a French and Irish Army to be landed to joyn with the English Army the Phanatical Party took Occasion to provide themselves with Arms and Ammunition of which afterwards they made sufficient advantage when the Contest between the King and the Two Houses grew so high as to come to the fatal decision of the Sword A Letter was this day Ordered to be sent to the Army in order to the discovery of this Conspiracy against the Parliament and Mr. Speaker was ordered to send Copies of it under his hand to Sir John Conyers and Sir Jacob Ashley The Letter was thus penned SIR WHereas there have been just Causes of Jealousies that there have been some secret Attempts and Practices to infuse into the Army a mislike of this Parliament The Speaker's Letter to the Army to some dangerous intent and purpose against the State and that now the matter is grown unto a strong presumption upon further discoveries and by reason that some of those which were suspected to have been Active therein are fled upon the first stirring thereof before ever they were once named It hath pleased this House to declare That notwithstanding they intend to search into the bottom of this Conspiracy yet purposing to proceed Especially against the Principal Actors therein this House hath resolved whereunto the House of Peers hath likewise consented That for such of the Army as the Conspirators have endeavoured to work upon if they shall testifie their Fidelity to the State by a timely discovery of what they know and can testifie therein they shall not only be free from all punishment but also shall be Esteemed to have done that which is for the Service of the State in discovery of so dangerous a Plot against it And for such of the Army as are and shall be found no wayes tainted with this dangerous Design or knowing any thing thereof shall make such discovery as aforesaid as this House shall no wayes doubt of their Loyalty and Fidelity so it will have an Especial Care not only to satisfie all such Arrears as this House hath formerly promised to discharge but also give a fair Testimony of the Sense they have of their present and past Want And it is Ordered by this House That immediately after the receipt hereof you should communicate this their Declaration unto all the Officers and Members of the Army under your Command Your very Loving Friend c. It was this day also Agreed to a further Cessation of Arms for a Month longer Cessation prolonged for a Month from May 16. to begin from the 16. of May if the Treaty shall so long continue A Bill was read the first and second time for better levying and raising Mariners and Saylors and others Monday May the 10th for the defence of the Kingdom An Information was also given in Search for Arms at Lambeth or at least so pretended to render the Archbishop more Odious to the Populace and to Exasperate them against Him and the Rest of the Bishops that there were great Stores of Arms and Ammunition laid up at Lambeth in Order as was buzzed about among the Faction to promote some ill Designs against the Parliament whereupon Sir John Evelyn and Mr. Broxam were Ordered to go over to Lambeth to view what Arms were there and some others were appointed to search about the Parliament House lest any Plot should be secretly hid there or rather in truth to amuse the People by these strange Fears and Jealousies and keep them up in that Heat in which they were against the Government This Day were passed Money to be borrowed of the City upon Passing the Bill of Attainder and Bill for Parliament as before was observed the Fatal Bills for the Attainder of the Earl of Strafford and for the continuance of this Parliament upon which the Citizens and Burgesses for London were ordered to represent to the Lord Mayor and Court of Aldermen and Common Councel what past this day concerning the Bill of Attainder and the Bill for the Sitting of this present Parliament and to move for a present Answer to be given for the Sixscore thousand pounds promised to be lent by the City for the great Occasions of the Kingdom There goes a Story which I have heard confirmed for truth That a certain Witty Nobleman the next morning after the passing this Bill for the Continuance of this Parliament during their Pleasure coming to the King 's uprising Saluted him in this Familiar manner Good morrow fellow Subject Which though at present it did only a little surprize his Majesty yet afterwards he found that no less was by that ACT intended by the Faction who treated him as a Co-ordinate third Estate Mr. Message from the King concerning the Lord Cottington c. Treasurer Vane brings a Message from the King to the House to acquaint them That his Majesty had already given Directions to prepare a Patent to make my Lord of Salisbury Lord Lieutenant of Dorsetshire the Lord Cottington having offered to surrender his Patent and that the House may hereby see how ready his Majesty is to satisfie all their Just Requests being resolved to repose himself intirely upon the Affections of his People To which Message Mr. The Commons Answer Treasurer was Ordered barely to return the Thanks of the House whereas formerly upon far less Occasions more Dutiful Commons were ever wont to return their Answer with the Stile of His Majesties Gracious Message and these Men
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
this Parliament Assembled hath ordained ut sequitur in the Act. And these Acts made by the King the Lords Temporal and Commons only were upon the Clamorous complaints of the Commons about the giving of the Benefices of England to strangers and others who never were Resident upon the Benefices This Report being made the House took the same into Consideration and for the better debate of the Propositions the House was adjourned into a Committee during pleasure And the Question was Whether those Thirteen Bishops that stood Impeached of those Crimes by the House of Commons shall be suspended from their Votes in this House until they stand Recti in Curia After a long debate herein the House was resumed and it is Ordered That the further Consideration of the Propositions which came from the House of Commons and the Bill entituled an Act for disabling Persons in Holy Orders to Exercise any Temporal Jurisdiction shall be both deferred until the Tenth day of November next A Message was brought from the House of Commons by Arthur Goodwin Esquire to let their Lordships know That whereas at a Conference Yesterday touching the Bishops which were Impeached for making of Canons the House of Commons did tell their Lordships That they had a Witness a Member of their House Mr. Wheeler to prove that the said Bishops did Subscribe to those Canons he having seen the Register Book with their Names written with their own Hands all which he is now ready upon Oath to prove if their Lordships shall rest herein satisfied the Register Book being in a House which is visited with the Plague The Reader will see by these Arguments of Mr. Solicitor St. John the utmost Strength of the Reason which they had to exclude the Bishops from their Votes and Peerage Now in regard the same thing has been again moved and the Arguments revived by the Successors of the same Faction who still retain the old Principles and Kindness to the Lords the Bishops looking upon them as a kind of Supernumeraries in the House of Lords who may well be spared and not as in reality they are a third Estate to stop the Progress so far as I am able of such an Error dangerous to the very being and Fundamental Constitution of our Parliaments I here present the Reader with a short Abstract out of the Learned Piece writ upon this Subject Entituled The Grand Question concerning the Bishops Right to Vote in Parliament in Cases Capital Stated and Argued c. I confess I have not followed the Author's Method nor was it possible to do it without great Inconvenience his Book being an Answer to some Papers writ against the Peerage and Jurisdiction of Bishops c. But I hope I have not done him or the Subject any Injustice by making use of the Matter and accommodating it more to my purpose which is among such Infinite Plenty and Variety of Matter to study all the conciseness and brevity I can I have therefore reduced the Subject to these four Heads First That the Bishops are Pares Regni Peers of the Realm and Peers in Parliament Secondly That they have a Right to Sit and Vote in Parliament in all Causes whatsoever even in Causa Sanguinis in Capital Cases Thirdly That the Lords Spiritual the Bishops are a third Estate in Parliament Fourthly To answer such Objections as have been made against their Peerage and Jurisdiction Which Abstract follows First Position That the Bishops are Pares Regni Peers of the Realm An Abstract of the Grand Question about the Peerage and Jurisdiction of the Bishops in Parliament Marculph Form lib. 1. c. 25. and Peers in Parliament The Author Learnedly proves That as soon as ever Christianity was settled in these Northern Nations Bishops were admitted into all publick Councils and Courts of Judicature So he instances in France from the Testimony of Marculphus That the King Sate in Judgment unà cum Dominis Patribus nostris Episcopis together with the Lords and Fathers the Bishops and that the greater Causes were heard by the King himself or the Comes Palatii Episcopis proceribus Assidentibus the Bishops and Nobility being Assessors with him In Spain during the Gothick Race of Kings the greatest Affairs of State were managed by the greatest of the Clergy and Nobility Concil Tolet. 4. c. 75.5 c. 7.6 c. 17. passim albi as appears by the several Councils of Toledo and particularly in the 13 Council Cap. 2. A case of Impeachment of Treason was brought before them And yet from one of these Councils of Toledo it is that all the Dust hath been raised and the Canon Law objected urged against Bishops That they ought not to be present or concerned in Cases of Blood In Germany Goldastus Rer. Alem. An. To. 2. the first Laws that were published by Lotharius were composed 33 Bishops 34 Dukes 72 Counts besides the People being present and assisting Arumaeus de Comitiis n. 35. c. 4. n. 98. and Arumaeus a Protestant Lawyer informs us that the Bishops of Germany Sate in the Diet in a double Capacity as Bishops and Princes of the Empire which Constitution he applauds as prudent for the Administration of Justice Honourable and safe for Religion In Bohemia Goldast Bohem. lib. 5. cap. 1. the same Goldastus a Protestant too acquaints us that there were three Estates prelates Nobles and Commons till the time of Sigismund In Hungary Decret Ladisl p. 12. so soon as ever the Christian Religion prevailed and was settled the Laws were framed by the King with the Advice and Consent of Bishops Nobles Staravols Polon p. 263. Herbart Stat. Regni Pol. p. 262. and the whole Clergy and People In Poland the Constitution of the Government is composed of the Bishops Barons and Delegates who are called Nuncii terrestres who are Summoned to the Dyet by the King and that with the entrance of Christianity as the publick Religion the Bishops entred into the Senate and had the first Seat in that Court Adam Brem de Situ Dan. n. 85. Loccen Antiq. Sueco-goth c. 8. Jus aulicum Norvey c. 3. c. 36. In Norway Denmark and Sweden the same Constitution entred with the prevalency of Christian Religion viz. Bishops Nobles Knights and Deputies In England after the Conversion of the Saxons during the whole time of that Monarchy there is not in all our Records one Council wherein the Bishops had not a part From whence the Author strongly Argues that it would be a very unaccountable thing that we of all the Nations of the Christian World who profess to have the best Government and the best Reformed Religion should Exclude those from any share in that Government who were by all others admitted into it as soon as they admitted the Christian Religion to be the publick Profession of their Country That the Bishops since the coming in of the Norman Race were always Esteemed Peers of the Realm and Peers of Parliaments
part ought to give Denomination to the Whole and that in that great Defection the Protestant Nobility Gentry and Commonalty and even some of the Ancient Native Irish Nobility to their Immortal Glory persevered in their constant Loyalty and Fidelity to their Lawful Soveraign and did not amidst so many Hazards and Hardships Difficulties and the most pressing Dangers relinquish the gasping Interests of their Royal but Unfortunate Master till after they saw both Him and All their Hopes notwithstanding their most Vigorous and Generous Attempts and Endeavours Breathless and Deplorate and that nothing less than a Miracle of Providence was capable of giving them a Resurrection and even then when they submitted their Necks to the Iron Yoke of the prevailing Usurpers who had Murthered and Dethroned the Father and Banished his Son and Successor our now Gracious Soveraign it was not without a Wise Prospect which the Illustrious Prince James then Lord Marquiss now Duke of Ormond and by that Noble Title as a mark of his Majesties Favour and for his Extraordinary Merits Conduct and Sufferings created a Peer of the Realm of England even then had that it might be to his Majesties Advantage and that reserving themselves to a better Fortune they might upon any Turn of Affairs be in a Capacity to Exert that Loyalty which under all their Pressures lay still warm in their Dutiful Hearts and Willing Inclinations And this I find justified by the Lord Brohall late Earl of Orrery in a small Treatise written in answer to a Printed Letter of P. W's where his Lordship to shew how much the Protestants Exceeded the Papists in Loyalty and Duty to the King hath this Remarkable Passage IN the Year 1650 The Earl of Orrery's Answer to P. W. printed at Dublin 1662. p. 27. saith he speaking of his Grace the Duke of Ormond then Lord Lieutenant of Ireland he permitted all those worthy Protestants which till then had served under him to come off to the rest of the Protestants though then headed by Ireton Esteeming them Safer with that Real Regicide so accompanied than with those pretended Anti-Regicides the Papists so Principled And adds he if so Faithful and Wise a Servant to His Majesty as the L. Lieutenant had had any Hopes that the Irish Papists would ever have returned to their Loyalty doubtless he would never have sent away from them so many Powerful Helpers of it and Friends unto it and if he had not had more than Hopes that the English Protestants would return to their Obedience as soon as they had Power The Wisdome of his Grace's foresight has been happily Justified in the Result For all the Protestants which then came off were Eminently Instrumental and Concurring in the Duty of accomplishing that happy Event speaking of his Majesties Restauration I dare as truly as confidently say That most of the Protestants of Ireland only served under the Vsurpers but to bring the Irish Papists to those Terms which without the force of English Swords they would never have been brought to it being too Evident that nothing could bind them but Steel and Iron So far his Lordship But still I am to inform the Reader That the name Protestant whether his Lordship intended that limitation or no I know not and this fair Character ought to be under the restriction of being only applied to those Loyal Protestants who firmly adhered with his Grace the Duke of Ormond to their Duty and Allegiance to his Late Majesty for there were another sort of People who glory much in the Title of Protestants the Covenanting Presbyterians and Schismaticks who were all along as bitter Enemies to his Majesty and his Interests and who by their refusing to submit to his Majesties Authority vested in the Lord Lieutenant did as considerable Mischiefs to the King's Affairs and were in reality no less Rebels than the Papists against whom they fought Nor is it only to gratifie the Curiosity of the Inquisitive that I think it necessary to give this Preliminary account of the state of the Irish Affairs some time preceding and to shew the probable Reasons that occasioned this Great Revolt and Insurrection but also to wipe off the stains which some mens Tongues and Ink have maliciously fixed upon the most Innocent Reputations in the World And indeed such is the Nature of those Corroding Vices of Envy and Detraction that the most polished and brightest Integrity is not Armor of Proof sufficient against the Rust of Time and Popular Calumnies however it is a Duty we ow to Posterity to transmit to them the clearest Accounts we can of Truth and not to suffer the Illustrious Fame of Great and Worthy Men to lie Buried under the Rubbish which prevailing Faction and the accumulated Malice of those who wrought their Ruin hath heaped upon them though to Ingenuous and unprejudiced Persons the greatest Vindication that they are Capable of is the Consideration that they were Enemies who raised those Calumnies and therefore not worthy to be Credited or Regarded It was one of the Common Topiques of those wicked Miscreants the late Usurpers and Regicides who made a Trade of Slandering the Foot-Steps of the Lord 's Anointed constantly to insinuate into the Minds of the People that his late Majesty was the Occasion of the Irish Rebellion and that it was not suppressed was perpetually charged to his Score as the Reader will hereafter have frequent Opportunity to observe but that the direct contrary was the most evident Truth I doubt not but from many clear and undeniable Testimonies I shall be able in the following Collections to Evince even beyond all possibility of Doubting The Irish Rebels indeed at first made his Majesties Authority a pretence for their Treasonable Rebellion as in due time we shall see and the English Rebels as greedily laid hold upon that wicked and groundless Pretension as if it had been the greatest Reality but to manifest how false both the one and the other Calumny was I will give a short hint out of the abovementioned Book of the Earl of Orrery where I find these Words In the Year 1641 speaking of the beginning of the Rebellion the Irish Papists saith he pretended His Majesties Authority the pretending whereof Earl of Orreries Answer to P. W. p. 29. having been so horrid a Sin for it was no less than to have Intituled His Sacred Majesty to all their unparalell'd Crimes nay to have made him the Author of them I think it a Duty to the memory of that Glorious MARTYR to present the Reader with what will clearly Evince their Malice to be as great as His Majesties Innocence I will therefore only cite the Preamble of their own Remonstrance delivered by the Lord Viscount Gormanston Sir Lucas Dillon and Sir Robert Talbot Baronet to His Majesties Commissioners at the Town of Trim in the County of Meath on the 17th of March 1642. In which Remonstrance of Grievances for so they called it after they had taken
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
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
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
speed as the weightiness of the business will permit And so He gave us all his Hand to kiss and afterwards sent Mr. Comptroller to us with this Message to be delivered to the House That there might be no publishing of the Declaration till the House had received his Majesties Answer We were all Entertained by Mr. Comptroller with great Respect and Lodged by the King's Harbinger This Day Mr. Mr. Jarvaise Hollis restored to his place in the House of Commons Jervaise Hollis who had formerly been Expulsed the House for a Speech which he made with a great strength of Reason and Courage but more heat than the Times would bear against the tame Compliances with the Scottish Army then in England was restored to his place to sit as a Member of the House of Commons The Debate about the Tumults was as it had been the day before adjourned till to morrow The Earl of Bath Reported the Conference had this Day with the Commons That they did let their Lordships know Friday Decemb. 3. Ammunition sent from the Tower for Ireland That whereas there were divers Waggons and Carts loaden with Arms and Ammunition from the Tower of London to be conveyed to West-Chester and to be Shipped for Ireland which were but slenderly Guarded therefore they desire that their Lordships would be pleased to joyn with them to move his Majesty to give Order to the Sheriffs of the several Counties through which they are to pass That they may be guarded safely to West-Chester To which the Lords agreed Also That Information was given That a Ship was lately discovered in Milford Haven loaden with Arms and Ammunition and that it is reported the Men in her be French-men but they speak English and that another Ship as they are informed is in the Haven of Aberdoney in Cardiganshire and the Men buy up the Provisions of that Country That two Men which were in that Ship they understand are now in Town Whereupon the Lords Ordered that they should be sent for to be Examined concerning this business It will possibly to some persons appear very superfluous to take notice of such trifling passages as these Informations and the Necessity of Guarding the Waggons to West-Chester but it is to be considered That as trifling as these things now may seem to be the Faction industriously pickt up all such Informations and made Extraordinary Use of these little Arts to facilitate their Great Design for now the Kingdom was to be put into a Posture of Defence as they termed it that was they intended to wrest from the King the Power of the Sword the Militia of the Nation and nothing could be more serviceable to them in amusing the People with imaginary Dangers of French Ships laden with Arms and Ammunition and French-men that speak English and consequently Fears of Forreign Invasions c. than these stories which being spread abroad and sufficiently magnified by running from hand to hand gave a Countenance to their unjust Demands of settling the Militia and puting the Kingdom into this Posture of Defence The King having acquainted the Lords That Certain Commissioners were come from Scotland to Treat with both Houses of Parliament concerning the Assistance for Ireland Commissioners of both Houses appointed to treat with the Scots Commissioners concerning Assistance for Ireland and to settle all the Condition and State of the Warr the Lords Appointed and Nominated the Earl of Bedford and the Earl of Leicester Lord Lieutenant of Ireland and the Lord Howard of Escrick and the Commons Nathanael Fynes Esquire Sir William Armyn Baronet Sir Phillip Stapleton Knight and John Hampden Esquire to be Commissioners to be Empowered by the King's Commission to Treat with the said Scottish Commissioners who were to acquaint his Majesty and the Parliament with their Proceedings before they came to any final Conclusion The Councel of the Impeached Bishops were called in to be heard in that affair who informed their Lordships The Bishops Plea and Demurrer to be argued Tuesday Dec. 7. That the Cause will not be fit for hearing until the Bishops have put in their Answers for until then there can be no Issue joyned and they conceive no Answer can be made until the Charge be particular therefore the Bishops abide by their Plea and Demurrer Whereupon the House Ordered That the Councel for the Bishops shall be heard at the Barr what they can say in maintenance of the Plea and Demurrer to the Impeachment brought up from the House of Commons against the Bishops on Tuesday the 7th of this instant December at which time and place the House of Commons or such of their Members as they shall appoint may be present if they please And a Message was sent by Sir Robert Rich and Dr. Bennet to acquaint them with this Order Phillips the Priest was this Day according to a former Order Bailed Phillips the Priest bailed upon conditions not to go to Court c. as before Two Bills were brought up from the Commons by Sir William Lewis the One Entituled An Act for the better raising and levying of Soldiers for the present Defence of the Kingdoms of England and Ireland The other For Relief of Captives taken by Turkish Pyrates and to prevent the same for the time to come Little of moment passed in the Commons House besides the reading and passing the above named Bills and Messages before recited about the Bishops c. only St. Germain the French man released the Debate of the Tumults was again put off till to morrow and Monsieur St. Germain a French-man whose close Imprisonment with strict Orders That no person should speak with him but in the presence of a Keeper c. which had made a mighty noise about the Town and so answered the design why he was taken up was this day by Order of the Commons discharged from his Imprisonment This day Sir George Whitmore Mr. Cordall Mr. Soame Mr. Gayer Several Aldermen with the Sheriffs and Recorder of London attend the King at Hampton-Court Mr. Garret Mr. Wollaston and the two Sheriffs of London being all Aldermen of the same City together with the Recorder by virtue of an Act of Common Council attended his Majesty at Hampton-Court to render him the Thanks of the City for his gracious favour done them by affording them his Royal Presence and giving so great Testimonies of his Affection and Kindness to the City They were conducted to His Majesty by the Earl of Dorset Lord Chamberlain to the Queen and Sir Peter Wiche Comptroller to his Majesty where after they had returned the Humble Thanks of the City to his Majesty for his former Favours they offered these two humble Petitions First That their Majesties would vouchsafe this Honor to the City if it might stand with their good Pleasures to make their Residence at this Season of the Year at the Palace of Whitehall The Second was That whereas since his Majesties happy Return
and procure Her Majesty that by her consent and direction it may be published and declared That Her Majesty doth Abhor and Detest the Perfidious and Traiterous proceedings of the Rebels in Ireland The Fifth Paper was a Certificate from the Council of Ireland A Certificate from the Lords Justices of Ireland for contribution to the poor Protestants shewing That forasmuch as the City of Dublin is not able to entertain and nourish such Multitudes of distressed poor People who are stripped of all they have by the Rebels they thought fit to take up the Men to imploy them in His Majesty's Service in the Wars there and to cause the Women and Children to be Transported by Ship into England and do recommend them to the Charity of all good Christians desiring them that they will take some Commiseration of their Distress and great Necessity and extend some Relief towards them by making Contributions which Contributions they desire may be reserved and such a Course taken as that it may be sure to be imployed only to the Relief of the poor distressed People Dublin Nov. 15. 1641. William Parsons Jo. Borlase R. Bolton Canc. Ormond Ossory Jo. Temple The Sixth Paper was Motion for a Fast for Ireland That the House of Commons out of a deep sense of the Calamity of our Country-men and Brethren of Ireland and considering how all Success and Prosperity depends upon the Blessing and Favour of God do desire their Lordships to joyn with them in Petitioning his Majesty That there may be a publick Fast throughout the Kingdom and that His Majesty will be pleased to appoint a near day for the same to be kept by both Houses of Parliament and the City of London and the adjacent Parts and one other Day for other remote Parts of the Kingdom and because they have received a Certificate from the Lords Justices and others of His Majesties Council in Ireland concerning the miserable Want and Distress of the poor English being divers Thousands of all Qualities and Sexes That the House of Commons for the Relief of the Persons aforesaid have appointed a Collection in their own House to be made on Thursday next and they desire their Lordships to Order the like for their House that by the Example of Parliament the like Collection may be made in all the Parts of the Kingdom upon the Day of the Fast and the Money gathered to be disposed in such manner by such Commissioners as shall be appointed by both Houses for the Succour and Relief of these poor distressed People of Ireland The King came this day to the House of Lords and being sate in the Chair of State he commanded the House of Commons to be sent for who being come with their Speaker the King made this Speech to both Houses of Parliament as followeth My Lords and Gentlemen THe last time I was in this place The King's Speech to the two Houses concerning Ireland c. Dec. 14. 1641. and the last thing that I recommended unto you was the business of Ireland whereby I was in good hope that I should not have needed again to have put you in mind of that business But still seeing the slow proceedings therein and the daily dispatches that I have out of Ireland of the Lamentable Estate of My Protestant Subjects there I cannot but again earnestly commend the Dispatch of that Expedition unto you for it is the chief business that at this time I take to heart and there cannot almost be any business that I can have more care of I might now take up some of your time in expressing My detestation of Rebellions in general and of this in particular But knowing that Deeds and not Declarations must suppress this great Insolency I do here in a word offer you whatsoever My Power Pains or Industry can contribute to this good and necessary Work of reducing the Irish Nation to their true and wonted Obedience And that nothing may be omitted on My part I must here take notice of the Bill for Pressing of Soldiers now depending among you My Lords Concerning which I here Declare that in case it come so to Me as it may not infringe or diminish My Prerogative I will pass it And further seeing there is a dispute raised I being little beholding to him whosoever at this time began it concerning the bounds of this Ancient and Vndoubted Prerogative to avoid further debate at this time I offer that the Bill may pass with a Salvo Jure both for King and People leaving such debates to a time that may better bear them If this be not accepted the fault is not Mine that this Bill pass not but theirs that refuse so fair an offer To conclude I conjure you by all that is or can be dear to you or Me that laying away all disputes you go on cheerfully and speedily for the reducing of Ireland His Majesty having ended his Speech departed and the Commons went to their House The Lords conceived that the Fundamental Privileges of Parliament have been broken by the King 's taking Notice in his Speech this Day of the Debate in this House Exceptions taken at the King's Speech of the Bill for Pressing of Soldiers Nor were the Commons less moved then the Lords for as nothing was more welcom to the Faction then any matter with which they might charge the King as intrenching upon their Priviledges so they greedily laid hold upon this occasion and after they had Voted it a breach of Priviledge for the King to take notice of a Bill that is passing before it be presented to His Majesty by the Consent of Lords and Commons as likewise to prescribe Savings and Limitations to any Bills before they be presented a Message was sent up to the Lords by Mr. Hollis to desire a Conference by a Committee of both Houses so soon as may stand with their Lordships conveniency touching a thing most precious to their Lordships and the Commons the Priviledge of Parliament To which the Lords assented and the Conference being ended the Lord Keeper Reported the Effect of it in these words That the Priviledges of Parliament have ever been placed in a high Estimation with both Houses Lord Keeper reports the Conference concerning Breach of Privilege by the King in his Speech and have been enjoyed with great Affection not only as an Ornament but as a Right to have free Debate in matters of Parliament The House of Commons say That the occasion of this Conference grows from somewhat that fell from the King this Day in his Speech in full Parliament they say his Presence is an Occasion of Joy and would be so if it were not for mis-representations of things Acted and Debated in Parliament which is against the Indemnity of the Lords and Commons as 9 H. 4. His Majesty took notice of a Bill for the Pressing of Soldiers being in Agitation in the Houses and not agreed upon and did offer a Salvo Jure
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
Power enough to have done it And whether ever such were spoken the suffering them to appear in print and to be dispersed throughout the Nation was of as ill Influence to the Publique as if they had been real and yet I am not without good Authority that divers of those Speeches were the true Children of those Parents at whose Doors they were laid several of them being entred in Reports of Conferences upon the Lords Journal But still I must do right where I am satisfied that it was an Artifice of the Faction to delude the People by such Speeches Printed under the passable Authority of Considerable Names and if either Sir John Holland or any other Person can by fair Authority convince me that they were in this Nature imposed upon I shall not decline doing him or them the Justice I ought to do of an Impartial Collector who has no manner of Animosity against Persons but the Actions of the late times and thinks himself under an indispensible Duty to his Prince Country and Conscience to the utmost of his Power to detect and expose the Artifices and Methods which occasioned those dreadful and detestable Revolutions and the intire Subversion of the whole Frame of the Government both Civil and Ecclesiastical among which these Printed Speeches whether spoken or not had not the least share in deluding and animating the People to the following Rebellion An Instance of the wicked Licentiousness of those Times in slurring of Speeches sometimes upon worthy Gentlemen as I have from good Authority may be seen by the Speech fathered upon Sir Edward Hales a Gentleman whose known Loyalty made him a very great Sufferer in the times when the Tyranny and Arbitrary Government of the Faction of the Two Houses of Parliament bore all the sway which was thus One Talboy a busie prating News-monger being desirous to Exchange a Speech he had pick't up for another which he wanted he went to a Scrivener at Temple-Bar who then Traded in such things who refusing a Speech without a Name to make it Currant Coin Talboy stamp'd on it that of Sir Edward Hales and for a while it passed as his but notice being taken of it Sir Edward Hales consulted his Friends Members of the then House of Commons to advise what was fit for him to do towards vindicating his Honor from the Scandal which Talboy had put upon him but Sir Norton Knatchbull who is yet alive to attest this and the rest of his Friends were of Opinion that considering the despicable Credit of the Fellow and the improbability of the Aspersion so inconsistent with the known Integrity and Loyalty of Sir Edward Hales it was more advisable to take no notice of the Imposture then to make the Speech more publick by the punishment of the Impostor by which means Talboy escaped the lash and the Speech got under that Name into the Press and out of that into the World There are some other Marginal Notes in the first Volume concerning the Members of the Convocation which by misinformation are mistakes but they are only such as can do no hurt being only the attributing some honours to some Names which they never enjoyed But I am of the opinion that St. Augustine never writ any thing that more became him then his Retractions and I hope the Ingenuous Readers will from my willingness to acknowledge the smallest mistakes do me the honour to believe that I do above all things study sincerity and that I will not in any thing to the best of my understanding impose Falshood for Truth upon the World or be guilty of misleading Posterity into Errors whilst I pretend to gratifie them with the most authentick and undisguised account of the Publick Transactions of those Things and Times with which I entertain them I have but one word more to add I am sensible that I have already fallen under the displeasure of some Persons who having been Eminent Actors in the late Times against the King and the Government and are yet Survivers and living Monuments of their own Guilt and the unexampled Clemency of their most Gracious Sovereign are extremely uneasie at the account that is here given of those Times For my particular I must disavow my having any Personal Animosity but truely those who find themselves offended by any matters in these Collections which are unjustifiable or disreputable to the Authors and Actors of them if they be such as have sincerely Repented of those past Errors and Actions will be so far from being displeased to see them Exposed and Condemned that they will be ready to do it themselves thereby to make some compensation for the former Ills they have been accessary to and if they have not yet by a thorough Penitence Attoned Heaven and procured an Act of Oblivion there as well as the Clemency of his Majesty has given them one here it is high time for them to go about it and it is a piece of Charity to put them in mind of it as this History does for which I should rather expect their thanks than their anger and displeasure and I am sure if they consult their future Interest and the little time they can hope to have still left for the performance of so great a Work there can be no Service so advantageous in Reason how unwelcom soever it may be to Passion and Prejudice as that of a faithful Monitor who gives them warning to escape the greatest of all Miseries and Dangers AN Impartial Collection OF ALL THE MEMORABLE EVENTS FROM The Scotch Rebellion to the KING'S Murther Volume II. The History of the Earl of STRAFFORD year 1641 ALTHOUGH many Ages and Histories afford us great Variety of Examples to convince us of the instability of Humane Affairs and that no persons have a more dangerous Station than such Great Ministers of State and Royal Favourites as are mounted to the Lofty Pinnacles of Honour Yet I think our Country has not produced any Instance of the Treachery of Fortune so signally remarkable as this of the Noble Earl of Strafford a Person in whose Character Every thing conspired that could make a Subject Great And certainly had he lived in any other Age than that wherein the Turbulent Whirlwind of Rebellion and Disloyalty threw down all before it his Great Wisdom Learning Courage and Loyalty would have rendred him one of the greatest Lives that ever adorned the English Chronicles as well as one of the Wisest Statesmen and Ablest Ministers that ever supported the British Throne and how great an Interest he had in that Weighty Employment both the Envy of his and the Enemies of the Royal Seat and the Miserable Fall of that Illustrious Empire of which he was so main a Pillar will abundantly manifest and indeed they who will pull down the Throne of Solomon alwayes first endeavour to remove and destroy the Lions that support it This Great and Illustrious-Man was descended of an Honourable and Ancient Family born to an
said Earls command that he should Fight with the Scottish Army at the passage over the Tyne whatsoever should follow notwithstanding that the said Lord Conway had formerly by Letters informed him the said Earl that his Majesties Army then under his command was not of force sufficient to encounter the Scots by which advice of his he did contrary to the duty of his place betray his Majesties Army then under his command to apparent danger and loss All and every which Words Counsels and Actions of the said Earl of Strafford Traiterously and contrary to his Allegiance to our Soveraign Lord the King and with an intention and endeavour to alienate and withdraw the hearts and affections of the Kings Liege People of all his Realms from his Majesty and to set a division between them and to ruine and destroy his Majesties said Kingdoms For which they do farther impeach him the said Thomas Earl of Strafford of High Treason against our Soveraign Lord the King his Crown and Dignity To which the Earl according to the Order of the House of Lords prefixing the 23 of February for that purpose being brought to their House gave in his Answer in two hundred Sheets of Paper an abstract whereof as I find it in Mr. Rushworth's Trial of Thomas Earl of Strafford is here subjoined TO the First Article The Answer of Tho. Earl of Strafford to the 28 Articles of the Commons Feb. 23. he saith He conceives that the Commission and Instruction differ not from those formerly granted but refers to them and that such Alterations and Additions as were made were for ought he knoweth rather for the explanation than for the enlarging of the Jurisdiction the Care whereof was left to the Secretary of that Council and to the King 's Learned Council to be passed for the good of the King's Service and the Publick Welfare of that Province for Legality of the Proceedings divers eminent Lawyers were joyned with the President who for the Legal parts was by them to be directed He did not advise or procure the enlargement of the Commission and Instructions and he believeth nothing hath been practiced since that was not in former Times contained in former Commissions under general words He believeth Sir Conyers Darcy was lawfully Fined for Misdemeanors as a Justice of Peace and hath heard he being in Ireland that Sir John Boucher was Fined for some great Abuse at the Kings being at York going into Scotland to be Crowned to the Proceedings he refers himself He denies that he hath done any thing by that Commission or Instruction other than he conceived he might by virtue thereof lawfully do To the Second Article The little Finger of the Law He denieth the speaking of those words but saith That 30 40 l. or more being returned as Issues out of the Exchequer against some that had compounded for Knighthood for 10 l. or 20 l. so as the Issues far exceeded the Composition and yet would next time have been increased The said Earl upon this occasion said That now they might see that the little Finger of the Law was heavier than the King's Loins which he spake to nourish good Affections in them towards His Majesty and not to threaten or terrifie any as the Article is supposed To the Third Article Ireland a Conquered Nation he saith Ireland is not Governed by the same Laws that this Kingdom is unless it be meant by the Common Laws their Customs Statutes Execution of Martial Laws Proceedings at Council-Board very much differ they spake not the words in the Article to any such intent He saith It might be fit enough for him to remember them of the great Obligation they had to the King and His Progenitors that suffered them being a Conquer'd Nation to enjoy Freedom and Laws as their own people of this Kingdom and it might be that upon some such occasion he said to those of Dublin That some of their Charters were void and nothing worth and did not bind His Majesty farther than He pleased which he believes to be true having been formerly so informed by His Majesties Learned Council upon sundry occasions To the Fourth Lawyers not to dispute the Orders of the Council-Board in the Earl of Cork's Case he saith That the legal and ordinary Proceeding at Council-Table are and time out of mind have been by Petition Answers examination of Witnesses as in other Courts of Justice concerning British Plantations the Church and Cases hence recommended by the King for the time being and in Appeals from other Courts there and the Council-Board have always punished Contempts to Orders there made to Proclamations and Acts of State by Fine and Imprisonment He saith That it might be he told the Earl of Cork that he would Imprison him if he disobeyed the Orders of the Council-Table and that he would not have Lawyers dispute or question those Orders and that they should bind but remembreth not the Comparison of Acts of Parliament and he hath been so far from scorning the Laws that he hath endeavoured to maintain them the Suit against the Earl in the Castle-Chamber was concerning the Possessions of the Colledge of Youghall worth 6 or 700 l. which he had endeavoured to get by causing of unlawful Oaths to be taken and very undue means the matter proceeded to Examination and Publication of Witnesses and after upon the Earl of Cork's humble Suit and payment of 15000 l. to His Majesty and his acknowledgment of his Misdemeanors obtained a Pardon and the Bill and Proceedings were taken off the Files and he remembers not any Suit for breach of any Order made at Council Table To the Fifth he saith Lord Mountnorris sentenced to suffer death by Martial Law The Deputies and Generals of the Army have always executed Martial Law which is necessary there and the Army and the Members thereof have been long time Governed by printed Orders according to which divers by Sentence of the Council of War have formerly been put to death as well in the time of Peace as War The Lord Mountnorris being a Captain of a Company in the Army for mutinous words against the said Earl General of that Army and upon two of those ancient Orders was proceeded against by a Council of War being the Principal Officers of the Army about twenty in number and by them upon clear Evidence Sentenced to Death wherein the said Earl was no Judge but laboured so effectually with His Majesty that he obtained the Lord Mountnorris's Pardon who by that Sentence suffered no personal hurt or damage save about two days Imprisonment And as to the other Persons he can make no Answer thereunto no particulars being described To the Sixth he saith The Suit had depended many years in Chancery The Lord Mountnorris put out of Possession and the Plaintiff Complaining of that delay the said Earl upon a Petition as in such Cases hath been usual calling to him the then Master of the Rolls
looking upon your Notes and observing his recollection that he hath used the repetition of Evidence on both sides in such manner as you know who used Scripture that is to cite as much as makes for his purpose and leave out the rest And likewise that in repetition of the Evidence he hath mis-recited plainly very much of the proofs on both sides and likewise hath pretended some proofs to be for his Defence which indeed were not and he hath taken this farther advantage when it makes for his Defence he hath disjoynted the Proofs and Testimonies and severed them asunder that it might appear to your Lordships like Rain falling in drops which considered in distinct drops bring no horror or seeming inconvenience with them but when they are gathered together into an entire body they make an Inundation and cover the Face of the Earth He would not have your Lordships look on those Testimonies together but distinctly and asunder which being put together look horrid as will appear to your Lordships when you duly confider of them These be the general observations which in my Answer I doubt not but to make good But before I shall enter into observations of what he hath spoken I shall answer in general to some things which he hath in general alledged In the first place he hath made a flourish this day and several other days in the way of his Defence That if he could have had longer time he could have made things appear clearer and have produced more proofs Give me leave to inform your Lordships that he is no way streightned of time for he hath been charged above threemon ths since he knew what was laid to his Charge nd therefore his pretence of want of time and of his Disabilities to make better proofs are but Flourishes And it appears plainly whatsoever he hath had occasion to make use of even the least paper though he fetched it from Ireland there is not one wanting he hath Copies of Papers from the Council-Table from the Parliament of Ireland and all that may any way tend to his justification and yet he stands upon that stourish that if he had had time he could have made it more clear My Lords He hath mentioned often this day and oftner the days before That many of the Articles laid to his Charge are proved but by one Witness and thereupon he takes the advantage of the Statute of E. 6. that sayes A man ought not to be condemned for High-Treason without two Witnesses My Lords This is a fallacy known to his own breast I doubt not and not taught him by any of his Counsel or others Learned The Treason laid to his charge is The subverting of the Laws the Evidence is the Article proved and though some one Article appears to be proved but by one yet put the Evidence together you shall never find it to be within the words or meaning of the Statute for the Charge is proved by a hundred Witnesses and because one part of the Evidence is proved only by one Witness since when you put them together you will find a hundred Witnesses it is not within the words not meaning of the Statute neither will his Counsel direct him to say so I am confident My Lords another observation I shall be bold to make is that he was pleased to cast an aspersion as we must apprehend upon them that are trusted by the House of Commons this day That we that stand here alledged and affirmed things to be proved that are not proved He might have pleased to have spared that language we stand here to justifie our selves that we do not use to express any language but what our hearts and consciences tell us is true and howsoever he is pleased to cast it upon us I am consident I shall invert it upon himself and make it appear that he hath been this day guilty in the highest degree of what he most unjustly layeth to our charge And now my Lords to enter upon the particulars he hath been pleased to make it his general Theme to day though he hath not spoke much to day but what he hath spoken formerly that these particulars considered by themselves make not a Treason and therefore put together he wonders how they should make a Treason Several misdemeanors can never make a murther and several Murthers can never make a Treason and he wonders it should be otherwise in this Case My Lords He did instance it if my memory fails not in a Case of Felony That if a bloody knife should be produced in the hand of the party suspected to have slain the man if the party had been there seen before the death it were a strange Evidence but there must be death in the case the fact must be committed else there can be no murther but he himself might answer himself for there is a great difference There cannot be murther but there must be death but he knows very well there may be Treason and yet no death it is too late to forbear questioning Treason for killing the King till the King be killed God forbid we should stay in that Case for the very intention is the Treason and it is the the intention of the death of the Law that is in question and it had been too late to call him to question to answer with his life for the death of the Law if the Law had been killed for there had been no Law then and how should the Law then have adjudged it Treason when the same was subverted and destroyed and therefore he is much mistaken The greatest Traytor in the memory of any that sits here to hear me this day had a better a fairer excuse in this particular than my Lord of Strafford and that is Guido Faux for he might have objected that the taking of the Cellar the laying of the Powder under the Parliament-House the kindling of the Match and putting it near are not so much as a misdemeanor if you look no further for it was no offence in him to lay Barrels under the Parliament-House and to kindle the Match and to lay it near but collect all together that it was eâ intentione to blow up the King and the State there is the Treason but God be blessed it was not effected so that the rule is the same Nay my Lord of Strafford hath not so much to say when he is charged with a purpose and intention to subvert the Law for to that purpose gave he traiterous Counsels and executed actions thereby discovering his intentions to destroy the Kingdom and to destroy the King's claim by Law and discent It is true they were not put in execution but they declared his intentions therefore this gives an answer to his first flourist which is not so great an Argument as the greatest Traytor might use for himself and yet it proved Treason in him My Lords he hath been pleased to divide his Treasons into two parts and his
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
surely my Lord of Strafford would not have omitted it if it had been for his advantage especially in this presence where he omits nothing to clear himself or to insinuate with his Majesty Now I come to the Thirteenth Article the Article concerning Flax which I know is fresh in your Lordships memories and I believe will be so in the memories of the Subjects of Ireland for many years how he ingrossed it into his hands and interrupted the Trade of the poor people whereby such miseries and calamities befell many of that Nation that as you have heard it proved thousands dye in ditches for want of Bread to put in their mouths And whereas he pretends that this was proved but by one Witness and that man to be imprisoned and of no Credit though he was his own instrument your Lordships remember Sir John Clotworthy his testimony and anothers and his own Warrant produced and acknowledged here to justifie the execution of it and such a thing was thereby taken into his own hands that I profess I never heard the like that the poor people should be constrained to use their own as he pleased and that pleasing of himself laid an impossibility on the people to execute his pleasure which was a bondage exceeding that of the Israelites under the Egyptians for there was not laid so much upon the Children of Israel but there was a possibility to perform they might with much labour perchance get stubble to burn their Brick but the Natives here must have a charge laid upon them without possibility to perform and the disobedience must cost them no less than the loss of their Goods which drew with it even the loss of their lives for want of bread This was not proved by only one Witness but by many And your Lordships remember the remonstrance of that Parliament of Ireland which declares it to a greater height than I have opened it The Fifteenth Article is that of Levying War upon the King's Subjects expresly within the Statute of 25 Edw. 3. and 18 H. 6. Your Lordships have heard the Warrant proved by the party himself to whom it was directed whereby Power was given to lay Soldiers upon any party that did not obey my Lord of Strafford's Orders at the Council-Table but not to circumscribe him to a certain number but the Sergeant at Arms and his Ministers might lay as many as they would It is true this Warrant was not it self produced but a copy was offered which was not read and therefore I will not offer it to be proved but the party that executed the Warrant it self proves it to be under the Hand and Seal of my Lord of Strafford he proves the express authority of it which was to the effect I opened three or four more who saw and read it proved the same and that it was under the Hand and Seal of my Lord of Strafford that accordingly it was executed upon divers of the King's Subjects it was proved by three Witnesses expresly in the point how by colour of this Warrant the Sergeant at Arms and his Officers sent Soldiers to lye in the Houses and Lands of the King's Subjects how the Owners were thereby forced out from their own Habitation how their Goods were wasted and devoured their Corn and Victuals eaten up and the Soldiers never left them as long as any part of their Estates remained to maintain them My Lord of Strafford's defence is That it hath been used before his time in Ireland wherein he hath again misrecited for he did not offer a proof nor a particle of a proof that ever any man did know Soldiers laid upon any party for refusing to appear to a Warrant or for other contempt at Council-Table before himself did it but he offered to prove That formerly Soldiers were sent against Rebels and that after they were declared to be Rebels and that justly too and he proved an use and custom to force men to pay Contribution-money due to the King but that was by consent of the people who granted a Contribution of 20000 l. a year for increase of the King's Revenue and that it might not be upon Record in the Exchequer and so claimed as due in time to come they consented that Soldiers should be laid upon them that refused it and the word Consent is within the Statute of 18 H. 6. Again did he prove all manner of Rents were levyed by Soldiers no such thing but such Rents as were designed for the payment of the Army he proved by Sir Arthur Terringham the laying of Soldiers once for the payment of a summ of Money but Sir Arthur being demanded whether it were the King's Rents or comprehended within the same general Rule he could make no answer thereunto Your Lordships remember he says He did not know it and therefore probably it was the King's Rents and doubtless it was so But if he had produced Precedents it could not be an authority for Treason that if people did not appear to his Orders he must levy War against the King's Subjects and for his extenuation of the War that the same was of no great danger there being not above five or six Soldiers laid at a time I would to God the people oppressed by it had cause to undervalue it I am sure four or six Musqueteers are as strong to oppress a man as four thousand so the matter of Fact is strongly and expresly proved Besides though there came not above four or five to a house yet the authority given to the Sergeant was general he might have brought more if he had listed and in truth he brought as many as the Estate of the party would maintain And as to the not producing of the Warrant I have already answered it If it were in the Case of a Deed wherein men call for Witnesses it were something but God forbid that the Treason should be gone and the Traytor not questionable if his Warrant can be once put out of the way The next Article which is laid to his Charge is For issuing out a Proclamation and Warrant of restraint to inhibit the King's Subjects to come to the Fountain their Soveraign to deliver their complaints of their wrongs and oppressions Your Lordships have heard how he hath exercised his jurisdiction and now he raises a battery to secure and make it safe If he do wrong perhaps the complaint may come to the Gracious Ears of a King who is ready to give relief and therefore he must stop these cries and prevent these means that he may go on without interruption and to that end he makes Propositions here That the King's Subjects in Ireland should not come over to make complaint against Ministers of State before an Address first made to himself It is true he makes a fair pretence and shew for it and had just cause of approbation if he intended what he pretended But as soon as he came into Ireland what use made he of it he ingrosses
the proceedings of almost all the Courts of Justice into his own hands and so pre-possesses the King by a colourable proposition and prevents their coming over before they had made their address to himself and then he becomes the wrong doer and issues Proclamations for the hindring of the King's Subjects to seek redress without his leave which is as great a proof of his design and as great an injury to the people governed under a Gracious Prince as a heart can conceive And what his intention was in exhibiting this Proposition it will appear in the sentence of a poor man one David who was censured and most heavily Fined for coming over into England to prosecute complaint against my Lord of Strafford It is true that this was not the cause expressed but this was the truth of the matter Your Lordships remember a clause in the Order at Council-Board whereby is set forth the cause wherefore the party is not Sentenced which I never saw in an Order before nor should now but that my Lord foresaw there was danger in it that he might be charged in this place for the fact and therefore puts in negatively why the party was not censured Clausula inconsulta inducit suspitionem And how defends he this Article he sayes his predecessors issued Proclamations to hinder the King's Subjects from going over lest they should joyn with O-Neal and Tirconnell beyond Sea and so it might be dangerous to the State but because they may joyn with Forraigners shall they therefore not come to the King to make just complaint What this argument is I refer to your Lordships judgments Then he pretends a former precedent affirming that the like instructions were given to my Lord of Faulkland but was there any that none should come to their Soveraign to make their just appeal if injured Surely there was never any such Instruction before and I hope never will be again The next Article is the Nineteenth and now when he had so plentifully exercised his Tyranny over the lives the liberty and the Estates of the King's Subjects A man would think he could go no further But see a Tyranny exercised beyond that and that is over the Consciences of men hitherto he dealt with the outward man and now he offers violence to the inward man and imposes an Oath upon the King's Subjects and so exerciseth a Tyranny over the Consciences of men And setting aside the matter of the Oath if he hath authority and power to impose such an Oath as he shall frame he may by the same power impose any Oath to compel Consciences He pretends a Warrant from his Majesty to do it but the King's Ministers are to serve the King according to Law and I dare be bold to say and we have good reason to thank God for it if any of the King's Ministers tell him that any Command he gives is against Law there is no doubt but in his Goodness and Piety he will withdraw his Command and not enforce execution and therefore if there were an Error the King is free and the Ministers to be justly charged with it But there was no Command from the King to compel and enforce them to take the Oath by the Power of the Star-Chamber to commit them to Prison to impose heavy Fines and tyrannize over them all which he did in the Case of Steward And now one would have thought he had acted his part when he had acted as much as lay in his own Power and yet he goes beyond this he was not content to corrupt all the streams which was not a diverting of the course as he spoke in his Answer for he not only turned the course of the water but changed the nature of it converted it into poyson a legal and just proceeding into a Tyrannical and Arbitrary Government which is not turning but corrupting of the clear and Chrystal streams to bitterness and death But yet the Fountain remains clear and perhaps when his hand is taken off you shall have the streams run as pure and uncorrupt as ever they did This is it troubles him remove but this obstacle and the work is perfect and therefore now he will go about to corrupt the streams if he can but infuse his poyson into the King's heart which is the Fountain then all is done and now he attempts that and approacheth the Throne endeavours to corrupt the King's Goodness with wicked Counsels but God be thanked he finds there too much Piety to prevail And therefore the next Article is that that charges him to be an Incendiary to the War betwixt the Two Kingdoms and now I shall be bold to unfold the mystery and answer his Obiection To what purpose should he be an Incendiary were it not better to enjoy his Estate in peace and quietness than have it under danger of a War Now your Lordships shall have the Riddle discovered The first thing he doth after his coming into England is to incense the King to a War to involve two Nations of one Faith and under one Sovereign to imbrue their hands in each others Blood and to draw Armies into the Field That he was this Incendiary give me leave to revive your Lordships memories with the proofs which will make it plain and first give me leave to note unto your Lordships that His Majesty with much Wisdom did in July 1639. make a pacification with his Subjects and even at the very heels of this pacification when all things were at peace upon the Tenth of September which was the next month but one your Lordships remember the Sentence of Steward in the Star-Chamber of Ireland for not taking the Oath your Lordships may call to mind the Language my Lord of Strafford was pleased to use to the Scots when all was in quietness he then calls them no better than Traytors or Rebels if you will believe what the Witness testifies whom my Lord is pleased to call a Schoolmaster And truly admit he were so because he is a Schoolmaster therefore not to be believed is a non sequitur And another Witness one Loftus speaks to the words though not in the same manner but I say the Tenth of September when things were at peace and rest when the King was pleased to be reconciled to them by that Pacification what boiled in his breast then to the breaking forth of such Expressions I know not unless it were an intention to be an Incendiary My Lords I must say and affirm and he hath not proved it to the contrary That all this while I am confident there was not any breach of the Pacification on either side and it lyes on his part to prove there was But the Parliament of Scotland then Sitting and making preparation for their Demands in pursuance of the Articles of Pacification he coming over into England in September immediately upon the Pacification answers That he found things so distracted here that it was fit the Scots should be reduced by
his memory and reassure himself he discovered that it was a premeditated and Elaborate Task and that what ever the Earl had spoken that was to be the answer which followeth My Lords MAny dayes have been spent Mr. Pym's Speech at the summing up the Evidence against the Earl of Strafford April 13. in maintenance of the Impeachment of the Earl of Strafford by the House of Commons whereby he stands charged with High Treason and your Lordships have heard his Defence with patience and with as much Favour as Justice would allow We have passed through our Evidence and the result of all this is that it remains clearly proved That the Earl of Strafford hath endeavoured by his Words Actions and Counsels to subvert the Fundamental Laws of England and Ireland and to introduce an Arbitrary and Tyrannical Government This is the envenomed Arrow for which he inquired in the beginning of his Replication this day which hath infected all his Blood This is that intoxicating Cup to use his own Metaphor which hath tainted his Judgment and poisoned his Heart from hence was infused that specifical difference which turned his Speeches his Actions his Counsels into Treason not cumulativè as he exprest it as if many misdemeanors could make one Treason but formally and essentially It is the end that doth inform Actions and that doth specificate the nature of them making not only criminal but even indifferent Words and Actions to be Treason being done and spoken with a Treasonable intention That which is given to me in charge is to shew the quality of the offence how hainous it is in the nature how mischievous in the effect of it which will best appear if it be examined by that Law to which he himself appealed that Universal that Supream Law Salus Populi This is the Element of all Laws out of which they are derived the end of all Laws to which they are designed and in which they are perfected How far it stands in opposition to this Law I shall endeavour to shew in some considerations which I shall present to your Lordships all arising out of the Evidence which hath been opened The First is this It is an offence comprehending all other offences here you shall find several Treasons Murthers Rapines Oppressions Perjuries The Earth hath a Seminary Virtue whereby it doth produce all Herbs and Plants and other Vegetables There is in this Crime a Seminary of all Evils hurtful to a State and if you consider the reasons of it it must needs be so the Law is that which puts a difference betwixt good and evil betwixt just and unjust if you take away the Law all things will fall into a confusion every man will become a Law to himself which in the depraved condition of humane Nature must needs produce many great enormities Lust will become a Law and Envy will become a Law Covetousness and Ambition will become Laws and what dictates what decisions such Laws will produce may easily be discerned in the late Government of Ireland The Law hath a power to prevent to restrain to repair Evils without this all kind of mischief and distempers will break in upon a State It is the Law that doth entitle the King to the Allegiance and Service of his People it entitles the People to the Protection and Justice of the King It is God alone who subsists by himself all other things subsist in a mutual dependence and relation He was a wise man that said That the King subsisted by the Field that is tilled It is the Labour of the people that supports the Crown If you take away the protection of the King the vigor and cheerfulness of Allegiance will be taken away though the obligation remain The Law is the boundary the measure betwixt the King's Prerogative and the Peoples Liberty whilst these move in their own Orbs they are a support and a security to one another the Prerogative a cover and defence to the Liberty of the People and the People by their Liberty are enabled to be a foundation to the Prerogative but if these bounds be so removed that they enter into contestation and conflict one of these mischiefs must ensue If the Prerogative of the King overwhelme the Liberty of the People it will be turned into Tyranny if Liberty undermine the Prerogative it will grow into Anarchy The Law is the safeguard the custody of all private Interest your Honors your Lives your Liberties and Estates are all in the keeping of the Law without this every man hath a like right to any thing and this is the condition into which the Irish were brought by the Earl of Strafford And the reason which he gave for it hath more mischief in it than the thing it self they were a Conquered Nation There cannot be a word more pregnant and fruitful in Treason than that word is There are few Nations in the World that have not been conquered and no doubt but the Conqueror may give what Laws he pleases to those that are conquered but if the succeeding pacts and agreements do not limit and restrain that Right What People can be secure England hath been conquered and Wales hath been conquered and by this reason will be in little better case than Ireland if the King by the right of a Conqueror gives Laws to his People shall not the People by the same reason be restored to the right of the Conquered to recover their Liberty if they can What can be more hurtful more pernicious to both than such propositions as these And in these particulars is determined the first Consideration The Second Consideration is this This Arbitrary Power is dangerous to the King's Person and dangerous to his Crown it is apt to cherish Ambition Usurpation and Oppression in great Men and to beget Sedition and discontent in the People and both these have been and in reason must ever be causes of great trouble and alteration to Princes and States If the Histories of those Eastern Countreys be perused where Princes order their affairs according to the mischievous Principles of the Earl of Strafford loose and absolved from all rules of Government they will be found to be frequent in Combustions full of massacres and of the Tragical ends of Princes If any man should look into our own stories in the times when the Laws were most neglected he shall find them full of commotions of civil distempers whereby the Kings that then Reigned were always kept in want and distress the People consumed with Civil Wars and by such wicked Counsels as these some of our Princes have been brought to such miserable ends as no honest heart can remember without horror and earnest Prayer that it may never be so again The Third Consideration is this The Subversion of the Laws and this Arbitrary Power as it is dangerous to the King's Person and to his Crown so is it in other respects very prejudicial to his Majesty in his Honour Profit and Greatness
and yet these are the Guildings and Paintings that are put upon such Counsels These are for your Honour for your Service whereas in truth they are contrary to both But if I shall take off this varnish I hope they shall then appear in their own Native deformity and therefore I desire to consider them by these Rules It cannot be for the Honour of the King that His Sacred Authority should be used in the practice of Injustice and Oppression That his name should be applyed to patronize such horrid crimes as have been represented in Evidence against the Earl of Strafford and yet how frequently how presumptuously his Commands his Letters have been vouched throughout the course of this Defence Your Lordships have heard when the Judges do Justice it is the King's Justice and this is for his Honour because He is the fountain of Justice But when they do Injustice the offence is their own but those Officers and Ministers of the King who are most officious in the exercise of this Arbitrary Power they do it commonly for their advantages and when they are questioned for it then they fly to the King's Interest to his Direction And truly my Lords this is a very unequal distribution for the King that the dishonour of evil courses should be cast upon him and they to have the advantage The prejudice which it brings to him in regard of his profit is no less apparent it deprives him of the most beneficial and most certain Revenue of his Crown that is The voluntary Aids and Supplies of His People His other Revenues consisting of goodly Demeans and great Mannors have by grants been alienated from the Crown and are now exceedingly diminished and impaired But this Revenue it cannot be sold it cannot be burdened with any Pensions or Annuities but comes intirely to the Crown It is now almost Fifteen years since His Majesty had any Assistance from His People and these illegal wayes of supplying the King were never prest with more Violence and Art then they have been in this time and yet I may upon very good grounds affirm That in the last Fifteen years of Queen Elizabeth She received more by the Bounty and Affection of her Subjects then hath come to his Majesties Coffers by all the inordinate and rigorous courses which have been taken And as those Supplies were more beneficial in the Receipt of them so were they likewise in the use and imployment of them Another way of prejudice to His Majesties profit is this Such Arbitrary Courses exhaust the People and disable them when there shall be occasion to give such plentiful Supplies as otherwise they would do I shall need no other proof of this then the Irish Government under my Lord of Strafford where the Wealth of the Kingdom is so consumed by those horrible Exactions and Burdens that it is thought the Subsidies lately granted will amount to little more then half the proportion of the last Subsidies The two former wayes are hurtful to the King's profit in that respect which they call Lucrum Cessans by diminishing his Receipts But there is a third fuller of mischief and it is in that respect which they call Damnum emergens by encreasing his Disbursements such irregular and exorbitant attempts upon the Liberties of the People are apt to produce such miserable Distractions and Distempers as will put the King and Kingdoms to such vast Expenses and Losses in a short time as will not be recovered in many years We need not go far to seek a proof of this these two last years will be a sufficient Evidence within which time I assure my self it may be proved that more Treasure hath been wasted more loss sustained by His Majesty and His Subjects then was spent by Queen Elizabeth in all the War of Tyron and in those many brave Attempts against the King of Spain and the Royal Assistance which she gave to France and the Low-Countries during all Her Reign As for greatness this Arbitrary Power is apt to hinder and impair it not only at home but abroad A Kingdom is a Society of men conjoyned under one Government for the Common good The World is a Society of Kingdomes and States The King's Greatness consists not only in His Dominion over his Subjects at home but in the Influence which he hath upon States abroad That he should be great even among Kings and by his Wisdom and Authority so to incline and dispose the Affairs of other States and Nations and those great events which fall out in the World as shall be for the good of Mankind and for the Peculiar advantage of His own People This is the most glorious and magnificent greatness to be able to relieve distressed Princes to support his own Friends and Allies to prevent the Ambitious Designs of other Kings and how much this Kingdom hath been impaired in this kind by the late mischievous Counsels your Lordships best know who at a near distance and with a more clear sight do apprehend these publick and great affairs then I can do Yet thus much I dare boldly say that if his Majesty had not with great Wisdom and Goodness forsaken that way wherein the Earl of Strafford had put him we should within a short time have been brought into that miserable condition as to have been useless to our Friends contemptible to our Enemies and uncapable of undertaking any great Design either at home or abroad A Fourth Consideration is That this Arbitrary and Tyrannical Power which the Earl of Strafford did exercise in his own Person and to which he did advise His Majesty is inconsistent with the Peace the Wealth the Prosperity of a Nation It is destructive to Justice the Mother of Peace to Industry the spring of Wealth to Valour which is the active Virtue whereby the prosperity of a Nation can only be procured confirmed and enlarged It is not only apt to take away Peace and so entangle the Nation with Wars but doth corrupt Peace and puts such a malignity into it as produceth the effects of War We need seek no other proof of this but the Earl of Strafford's Government where the Irish both Nobility and others had as little security of their Persons or Estates in this peaceable time as if the Kingdom had been under the rage and fury of War And as for Industry and Valour who will take pains for that which when he hath gotten is not his own or who fight for that wherein he hath no other Interest but such as is subject to the Will of another The ancient encouragement to men that were to defend their Countreys was this That they were to hazard their Person pro Aris focis for their Religion and for their Houses But by this Arbitrary way which was practised in Ireland and counselled here no man had any certainty either of Religion or of his House or any thing else to be his own But besides this such Arbitrary courses have an ill
but I confess this unfortunate thing forth of the way towards that blessed agreement which God I trust shall ever establish between You and Your Subjects Sir My Consent shall more acquit you herein to God than all the World can do besides To a willing man there is no injury done and as by Gods Grace I forgive all the World with a calmness and meekness of infinite contentment to my dislodging Soul So Sir to you I can give the life of this world with all the chearfulness imaginable in the just acknowledgment of your exceeding favours and only beg that in Your Goodness You would vouchsafe to cast Your Gracious regard upon my poor Son and his Three Sisters less or more and no otherwise than as their in present unfortunate Father may hereafter appear more or less guilty of this death God long preserve Your Majesty Tower May 4. 1641. Your Majesties most Faithful And Humble Subject And Servant STRAFFORD And for suppressing the Tumults the Commons Ordered Dr. Burgess to read the Protestation to the People and to tell them The Parliament desired them to return home which he did and thereupon they departed by which it is Evident who raised influenced and Governed the Tumults Upon Wednesday May the 5th Wednesday May 5. there happened a strange hubbub in the City which was now wholy set upon Tumults and Disorders which was upon this ridiculous occasion Sir Walter Erle was making a Report of a Design to blow up the House of Commons whereupon Mr. Middleton and Mr. Moyle two corpulent men and some others standing up to hear the Report a board in the Gallery broke and gave such a Crack that some apprehended the House was blown up indeed and Sir John Wray crying out He smelt Gun-Powder they hurried out of the House and frighted the People in the Lobby who ran into the Hall crying out The Parliament House was falling and the Members slain and the People running in confusion through the Hall Sir Robert Mansel drew his Sword and bid them stand for shame he saw no Enemy to hurt the Parliament and that there was no danger but some of the Zealots by water gave the alarm so that the Drums beat and a Regiment of Train Bands marched as far as Covent-Garden and the Rabble of Volunteers down to the House to save the Parliament which ridiculous Accident though at present it occasioned no other effect but laughter yet did strangely embolden the Factious who now plainly discovered the Influence they had over the Multitude and that they were perfectly at their Devotion Things being in this Distraction and few of the Lords daring to appear at the House Judges Opinion about the Earl of Strafford yet the Bill went on but slowly but in conclusion the Judges to give the better Countenance to the Matter being demanded their opinion and the Lord Chief Justice of the King's-Bench delivering it as their Unanimous Opinion That upon all that which their Lordships have Voted to be proved the Earl of Strafford doth deserve to undergo the pains and forfeitures of High-Treason and the Bill for perpetuating the Parliament which was brought up from the Commons the day before being quickly dispatched read and passed the next being Saturday May the 8th Saturday May 8. The Bill of Attainder was also passed the House of Lords but yet not without Opposition for all the Lords except 45 being absent of those is was carried but by 7 Votes 19 giving their Not-content to 26 that gave their content to the passing of this Fatal Bill The great Difficulty after all was to be yet overcome in procuring the Royal assent and for this purpose both the Houses attended his Majesty in the Banquetting-House to move him to it to which they received Answer That upon Monday they should know His Majesties Resolution All Sunday the King struggled with himself what to do in this Affair and certainly never was any Poor Prince so harrased between the Importunities of pretended necessity of State and the doubts of his own Conscience which told him the Earl was Innocent of what he was to die for the Lord-Chamberlain told him he acted like David and cited 2 Chron. 19. from Vers the 5 to 8. and that should he deny this it would be construed that he loved his Enemies and hated his Friends and that if he did not speak comfortably to the People they would desert him which would be worse then all the Evils that had befallen him in his life The King sent for the Judges and the Bishops to assist him the Bishops referred him to the Judges yet told him That in his Conscience he found not the Earl guilty in matter of Fact he ought not to pass the Bill but for matter of Law what was Treason they referred him to the Judges who according to their Oath ought to carry themselves indifferently between him and his Subjects only Doctor Juxon resolutely told him that if he were not satisfied in his Conscience he ought not to do it whatsoever happened the King complained of the Judges that they had not satisfied him nor indeed durst they give their Opinions freely for the satisfaction of his Conscience their own Consciences being over-awed and terrified their very Courage and Reason having deserted them in this Common Extremity and by their dubious answers abusing him as he said not easing him of his Scruples The general advice was to submit to the present necessity but how dearly both the King and they paid for making Religion truckle to reason of State hear him speak himself in his own Book concerning the Death of this Great Man I Looked upon my Lord of Strafford as a Gentleman 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon the Earl of Straffords Death whose great abilities might make a Prince rather afraid than ashamed to imploy him in the greatest affairs of State For those were prone to create in him great confidence of undertakings and this was like enough to betray him to great Errors and many Enemies whereof he could not but contract good store while moving in so high a Sphear and with so vigorous a Luster he must needs as the Sun raise many envious exhalations which condensed by a Popular odium were capable to cast a cloud upon the brightest merit and integrity Though I cannot in my Judgment approve all he did driven it may be by the necessities of times and the temper of that people more than led by his own disposition to any height and rigor of Actions yet I could never be convinced of any such criminousness in him as willingly to expose his life to the stroke of Justice and Malice of his enemies I never met with a more unhappy conjuncture of affairs than in the business of that unfortunate Earl when between my own unsatisfiedness in Conscience and a necessity as some told me of satisfying the importunities of some people I was perswaded by those that I think wished me well to chuse
both Houses of Parliament Consent for my sake that I should moderate the severity of the Law in so important a Case I will not say that your Complying with me in this my intended Mercy shall make me more willing but certainly 't will make me more Chearful in Granting your just Grievances But if no less then his Life can satisfie my people I must say Fiat Justitia Thus again recommending the Consideration of my Intention to you I rest Your unalterable and affectionate Friend Charles R. Whitehall 11th of May 1641. If he must dye it were Charity to Reprieve him till Saturday This Letter all Written with the Kings own Hand Twelve Lords sent to the King and delivered by the Hand of the Prince was Read twice in the House of and after serious Consideration the House resolved presently to send 12 of the Peers Messengers to the King humbly to signifie That neither of the Two Intentions expressed in the Letter could with duty in them or without danger to himself his dearest Consort the Queen and all the Young Princes their Children possibly be Advised all which being done accordingly and the Reasons shewed to His Majesty he suffered no more words to come from them but out of the fulness of His heart to the observance of Justice and for the Contentment of His People told them That what he intended by his Letter was with an if if it might be done without Discontentment of his People if that cannot be I say again the same I writ Fiat Justitia My other intention proceeding out of Charity for a few days Respite was upon certain Information that his Estate was so distracted that it necessarily required some few dayes for settlement thereof Whereunto the Lords Answered Their purpose was to be Suitors to his Majesty for favour to be shewed to his Innocent Children and if himself had made any provision for them the same might hold This was well-liking unto his Majesty who thereupon departed from the Lords At his Majesties parting they offered up into his hands the Letter it self which he had sent but He was pleased to say My Lords What I have written to you I shall be content it be Registred by you in your House In it you see my mind I hope you will use it to my Honour This upon return of the Lords from the King was presently Reported to the House by the Lord Privy-Seal and Ordered that these Lines should go out with the Kings Letter if any Copies of the Letter were dispersed The night before his Execution he sent for the Lieutenant of the Tower and asked him if he might not see and speak with my Lord Archbishop of Canterbury and being answered that he could not permit it without Order from the Parliament Mr. Lieutenant said he you shall hear what passeth between us it is not a time for me to Plot Treason or for him to Plot Heresie to Which the Lieutenant answered That his Lordship might Petition the Parliament for that favour No said he I have gotten my Dispatch from them and will trouble them no more I am now Petitioning an higher Court where neither Partiality can be expected nor Error leared but my Lord said he turning to the Primate of Ireland then with him what I would have spoken to his Grace of Canterbury is this You shall desire the Archbishop to lend me his Prayers this night and to give me his blessing when I go abroad to morrow and to be in his Window that by my last farewell I may give him thanks for this and all his other former favours the Lord Primate immediately did his Message and returned with this Answer from my Lord of Canterbury That in Conscience he was bound to do the first and in duty and obligation to do the last but that he feared his weakness and Passion would scarce lend him Eyes to behold his last departure And now we come to conduct this Illustrious Life to the last Scene and Epilogue of his Tragedy Wednesday May 12. having accoutred his Soul with necessary Preparation he came out of his Chamber attended by several Gentlemen and Persons of Quality together with the Lieutenant of the Tower and the Guards when he drew near the Archbishop's Lodgings he said to the Lieutenant Sir though I do not see the Archbishop give me leave I pray you to do my last observance towards his Rooms but the Archbishop being advertized of his coming immediately came to the Window upon which the Earl bowing himself to the Ground said My Lord your Prayers and your Blessing The Archbishop lifting up his hands gave him both but unable to support the suddain Effort with which a passionate Friendship deluged his Soul at that dismal separation he sunk down with grief as if his great Soul would have forced a Passage to wait upon the Earl's in its passage to Eternity nor will any persons who bave been touched with the tenderness of a real Friendship think this so great a Weakness as his and the Earls Enemies did endeavour to represent it if they consider that such a separation carries in it even all that can be thought terrible or afflictive in Death it self The Earl went a little further and making a second bow took his last Adieu saying Farewel my Lord God protect your Innocence As he was thus with a Countenance so Serene and August more like a General to a Triumph then a Prisoner to an infamous Scaffold marching out of the Tower the Lieutenant desired him to take Coach lest the inraged People should fall upon him and tear him in pieces No said he with an Air full of Innocence and Courage Mr. Lieutenant I dare look Death in the Face and I hope the People too have you a care that I do not Escape and 't is equal to me how I dye whether by the stroak of the Executioner or the madness and fury of the People if that may give them better content it is all one to me Being mounted upon the Scaffold he made his Obeysances and began to take his last farewell of his Friends who appeared much more concerned than himself and observing his Brother Sir George Wentworth to weep excessively Brother said he to him with a chearful briskness what do you see in me to deserve these Tears doth any indecent fear betray in me a Guilt or my Innocent boldness any Atheism think now that you are accompanying me the third time to my Marriage-Bed Never did I throw off my Clothes with greater freedom and content then in this preparation to my Grave That Stock pointing to the Block must be my Pillow here shall I rest from all my Labours No thoughts of Envy no dreams of Treason Jealousies or Cares for the King the State or my self shall interrupt this easie Sleep therefore Brother with me pitty those who besides their Intention have made me happy Rejoyce in my happiness Rejoyce in my Innocence Then kneeling down he made this
Protestation I hope Gentlemen you do think that neither the fear of Loss nor love of Reputation will suffer me to belye God and mine own Conscience at this time I am now in the very door going out and my next step must be from time to Eternity either of Peace or Pain To clear my self before you all I do here solemnly call God to witness I am not Guilty so far as I can understand of the great Crime laid to my Charge nor have ever had the least inclination or Intention to damnifie or prejudice the King the State the Laws or the Religion of this Kingdom but with my best endeavours to serve all and to support all So may God be merciful to my Soul Then rising up he said He desired to speak something to the People but was affraid he should be heard by few in regard of the Noise but having first fitted himself to the Block and rising again he thus addressed himself to the Spectators MY Lord Primate of Ireland and my Lords The Earl of Strafford's Speech upon the Scaffold May 12. and the rest of these Noble Gentlemen It is a great Comfort to me to have your Lordships by me this day because I have been known to you a long time and I now desire to be heard a few words I come here my Lords to pay my last Debt to Sin which is Death And through the Mercies of God to rise again to Eternal Glory My Lords If I may use a few words I shall take it as a great Courtesie from you I come here to submit to the Judgment that is passed against me I do it with a very quiet and contented Mind I do freely forgive all the World a forgiveness not from the Teeth outward as they say but from my heart I speak in the presence of Almighty God before whom I stand that there is not a displeasing thought that ariseth in me against any Man I thank God I say truly my Conscience bears me Witness that in all the Honour I had to serve His Majesty I had not any Intention in my heart but what did aim at the Joynt and Individual prosperity of the King and His People although it be my ill hap to be misconstrued I am not the first Man that hath suffered in this kind It is a Common Portion that befals men in this Life Righteous Judgment shall be hereafter here we are subject to Error and Misjudging one another One thing I desire to be heard in and do hope that for Christian Charities sake I shall be believed I was so far from being against Parliaments that I did always think Parliaments in England to be the happy Constitution of the Kingdom and Nation and the best means under God to make the King and his People happy As for my death I do here acquit all the World and beseech God to forgive them In particular I am very glad His Majesty conceives me not meriting so severe and heavy a punishment as the utmost Execution of this Sentence I do infinitely rejoyce in it and in that Mercy of His and do beseech God to Return Him the same that he may find Mercy when he hath most need of it I wish this Kingdom all prosperity and happiness in the World I did it Living and now Dying it is my Wish I profess heartily my apprehension and do humbly recommend it to you and wish that every Man would lay his hand on his heart and consider seriously Whether the beginning of the Peoples happiness should be written in Letters of Blood I fear they are in a Wrong Way I desire Almighty God that no one drop of my Blood rise up in Judgment against them I have but one word more and that is for my Religion My Lord of Armagh I do profess my self seriously faithfully and truly to be an obedient Son of the Church of England In that Church I was born and bred in that Religion I have lived and now in that I dye Prosperity and Happiness be ever to it It hath been said I was inclined to Popery if it be an Objection worth the answering let me say truly from my heart That since I was Twenty one years of age unto this day going on 49 years I never had thought or doubt of the truth of this Religion nor had ever any the boldness to suggest to me the contrary to my best remembrance And so being reconciled to the Mercies of Jesus Christ my Saviour into whose bosom I hope shortly to be gathered to enjoy Eternal Happiness which shall never have an end I desire heartily to be forgiven of every Man if any rash or unadvised Words or Deeds have passed from me and desire all your Prayers and so my Lord Farewel and farewel all things in this World The Lord strengthen my Faith and give me Confidence and Assurance in the Merits of Christ Jesus I trust in God we shall all meet to live Eternally in Heaven and receive the accomplishment of all Happiness where every Tear shall be wiped from our Eyes and sad thoughts from our Hearts and so God bless this Kingdom and Jesus have Mercy on my Soul Then turning himself about he saluted all the Noblemen and took a solemn leave of all considerable persons on the Scaffold giving them his Hand And after that he said Gentlemen I would say my Prayers and I intreat you all to pray with me and for me Then his Chaplain laid the Book of Common-Prayer upon the Chair before him as he kneeled down on which he prayed almost a quarter of an hour then he prayed as long or longer without a Book and ended with the Lords Prayer then standing up he spyed his Brother Sir George Wentworth and call'd him to him and said Brother We must part remember me to my Sister and to my Wife and carry my Blessing to my Eldest Son and charge him from me That he fear God and continue an Obedient Son of the Church of England and that he approve himself a Faithful Subject to the King and tell him That he should not have any private Grudge or Revenge towards any concerning Me and bid him beware to meddle not with Church Livings for that will prove a Moth and Canker to him in his Estate and wish him to content himself to be a Servant to his Countrey as a Justice of Peace in his County not aiming at higher Preferments Carry my Blessing also to my Daughter Ann and Arrabella charge them to fear and serve God and he will bless them not forgetting my little Infant that knows neither good nor evil and cannot speak for it self God speak for it and bless it Then said he I have nigh done One stroke will make my Wife Husbandless my dear Children Fatherless and my poor Servants Masterless and seperate me from my dear Brother and all my Friends but let God be to you and them all in all After that going to take off his Doublet and to make
Disloyalties I will omit and passing by as well particular Bishops and Prelates as Stephen Arch-Deacon of Norwich and others as also of them in general I will only relate one villanous passage of Trayterous Disloyalty whereof as good Authors deliver the Archbishops and Prelates were principal Abettors and Conspirers The King being at Oxford the Bishops and Barons came thither with armed Multitudes without number and forced him to yield that the Government should be swayed by 25 Selected Peers Paris Thus one of the greatest Soveraigns was but the Six and twentieth petty King in his own Dominions c. To him Succeeded his Son K. H. 3. who being at Clerkenwel in the House of the Prior of Saint John's was told by him no less sawcily than disloyally if I may not say traiterously That he should be no longer King than he did Right to the Prelates Whereto he answered What do you mean to deprive me of my Kingdom and afterward Murther me as you did my Father And indeed they performed little less as shall hereafter appear But now to take the particular passages in order In this King's Reign Stephen then Archbishop of Canterbury as we read was the Ring-Leader of Disorders both in Church and State and no better was Peter Bishop of Winchester But not to speak of them in particular but of them all in general and that in Parliament at Oxford saith Matth. Paris and Matth. Westm came the Seditious Earls and Barons with whom the Bishops Pontifices ne dicam Pharisei those were his words had taken Counsel against the King the Lord 's Anointed who sternly propounded to the King sundry traiteterous Articles to which they required his Assent but not to reckon all the Points you shall hear what the same Authors deliver of their Intent I will repeat the words as I find them These turbulent Nobles saith M. West had yet a further Plot than all this which was first hatched by the Disloyal Bishops which was That four and twenty Persons should there be Chosen to have the whole Administration of the King and State and yearly appointment of all great Officers reserving only to the King the highest Place at Meetings Primus Accubitus in Coenis and Salutations of Honour in Publick Places To which they forced him and his Son Prince Edward to Swear for fear as mine Author saith of Perpetual Imprisonment if not worse for the Traiterous Lords had by an Edict threatned Death to all that resisted And the Perfidious and wicked Archbishop and Bishops Cursing all that should rebel against it Which impudent and Traiterous Disloyalty saith Matth. Paris and Matth. Westm the Monks did detest asking With what fore-heads the Priests durst thus impair the Kingly Majesty expresly against their sworn Fidelity to him Here we see the Monks more Loyal and Honest than the Lord Bishops we have Cashiered the poor Monks and are we afraid of the Bishops Lordliness that they must continue and sit in Parliament to the Prejudice of the King and People And so we may observe That this * This which he accounts Treason in the Bishops was no more than this Man and his fellow-Members would have imposed upon the King in the 19 Propositions Traiterous Bishop did make this King as the former had done his Father meerly Titular From him I pass to his Son Edward the First In his Reign Boniface was Archbishop of Canterbury and Brother to the Queen what he and the rest of the Prelates did in prejudice to the Regal Authority and Weal Publick I will pass over the rather for that they declare themselves in his Son's Reign so wicked and disloyal that no Age can Parallel of which thus in brief Doth not Thomas de la More call the Bishop of Hereford Arch-Plotter of Treason Omnis mali Architectum and not to speak of his contriving the Death of the late Chancellor and other particular Villanies he is Branded together with Winchester then Chancellor and Norwich Lord Treasurer to occasion the dethroning of this Prince Nay after long Imprisonment his very Life taken away by Bishop Thorlton's Aenigmatical Verse though he after denied it Edwardum Occidere nolite timere bonum est But this Adam de Orleton alias Torleton and his fellow Bishops in this King's Reign I may not slightly pass over Therefore I desire we may take a further view of them First of this Adam Bishop of Hereford we find that he was stript of all his Temporalties for supporting the Mortimers in the Barons Quarrel He being saith Thomas de la More a Man of most subtil Wit and in all wordly Policies profound daring to do great Things and Factious withal who made against King Edward the Second a great secret Party To which Henry Burwash Bishop of Lincoln for like Causes deprived of his Temporalties joyned himself as also Ely and others Walter Stapleton Bishop of Exeter a Turn-Coat left the Queen and came to England to inform the King of his Queens too great familiarity with Mortimer which afterward cost him his Head Perhaps some now as Thomas de la More will say he was therein a good Man yet I will take leave to think not do I fear to speak it This was no part of Episcopal Function But I will pass him by not concluding him either good or bad every Man may think as he pleaseth I will declare the Traiterous and Disloyal Actions of the other Bishop formerly mentioned This Bishop of Hereford whom I find called the Queens bosom Councellor Preaching at Oxford took for the Text My Head my Head aketh 2 Kings 4.19 concluding more like a Butcher than a Divine that an Aking and Sick Head of a Kingdom was of necessity to be taken off and not to be tampered with by any other Physick whereby it is probable that he was the Author of that Aenigmatical Verse formerly recited Edwardum occidere c. And well may we believe it for we find that he caused Roger Baldock Bishop of Norwich the late Lord Chancellor to die miserably in Newgate Not much better were Ely Lincoln Winchester and other Bishops that adhered to the Queen Mortimer and others of her part Nor can I commend those Bishops that were for the King and the Spencers The Archbishop of Canterbury and his Suffragans decreeing the Revocation of those Pestilent Peers the Judgment given against them judged as Erronious Thus these Lord Bishops as all in a manner both before and after instead of Feeding the Flock of Christ only Plotted dismal Wars Death and Destruction of Christians I might tell you how in this King's Reign as in others * Certainly this was made a President for such were the Pretences and Practises of this Man and his Associates they perswaded the Lords and Peers of the Realm that they had Power and Right not only to reform the King's House and Council and to place and displace all great Officers at their Pleasure but even a joynt Interest in
the Regiment of the Kingdom together with the King And now will any say No Bishop No King yet one word more before I part with these Bishops what Ground-work they laid and what means they used for the Ruine of King and Kingdom was it not their working upon the Impotence of a Womans will insinuating what indignity it was that a She-Daughter of France being promised to be a Queen was become no better than a waiting-woman living upon a Pension and so nourishing in her great Discontents perswaded her going to France which was the Matter and Embrion and as I may say the chief Cause of Common Destruction which after ensued God keep all good Princes from heark'ning or consenting to the pernicious Counsels of such pestilent Priests and prating Parasites To declare all their Disloyalties in Parliament and out would fill a large Volume But now Brevis esse laboro therefore I only say That as it was not for their Goodness but Greatness that they sate in Parliament so their sitting there did I think I may say almost evert Monarchy yea Regality with what face can they inculcate that Aspersion No Bishop no King Certainly by what I have already delivered and shall now declare in the Reigns of Succeeding Princes it will â—ppear quite contrary that where Lordly Bishops domineer and bear Rule and Sway neither Kings nor Kingdoms themselves or Subjects are secure Now to the Reign of King Edward the Third did not John Archbishop of Canterbury perswade and incite this King and the Parliament to a most dangerous War with France whereby the Death of Millions hath been occasioned To such Mischief do they use their Learning and Eloquent Orations in Parliament What Epiphanius delivered of Philosophers that they were In Re stultâ Sapientes so may we say of such Bishops that they are In malo publico facundi But to pass by particular Men and Actions I shall only deliver unto you some Notable Passages in Parliament Anno 1371. The Parliament did Petition the King to have them deprived of all Lay-Offices and Government they being commonly the Plotters and Contrivers of all Treasons Conspiracies and Rebellions the very Incendiaries Pests and Grievances both of the Church and State the chiefest Instruments to advance the Peoples usurped Authority though with Prejudice of the Kings which they never cordially affected and the Arch-Enemies of the Common-wealth through their private Oppression Covetousness Rebellion and Tyranny when they have been in Office as may appear by Antiquitates Ecclesioe Britannicae in the Lives of Anselm Becket Arundel c. Here we see that they never affected the Authority of Kings but rather were Scourges to their Sides and Thorns in their Eyes Now we come to R. 2. his Grandchild who Succeeded him R. 2. we read that when in Parliament in London the Layety had granted a Fifteenth on Condition that the Clergy would likewise give a Tenth and Half William le Courtney then Archbishop did stiffly oppose it alledging they ought to be free nor in any wise to be taxed by the Layety which Answer so offended the Lords and Commons Tho. Walsingham that with extream fury they besought the King to deprive them of their Temporalties alledging That it was an Alms-Deed and an Act of Charity thereby to humble them that was then delivered for an Alms-Deed and an Act of Charity which is now accounted Sacrilege and Cruelty The next that Succeeded him was H. 4. but an Usurper also H. 4. for at that time there were living of the House of York whose Right by the Title of Clarence was before his as Mortimer c. In opposition to his Claim and Right the Bishop of Carlisle made a most Eloquent Oration but to what purpose Hayward to perswade his dethroning now vested in the Regal Government and thereby to ingage the Kingdom in a Civil War which when his Oratory could not effect he laboured and so far prevailed that by his subtil insinuations and perswasions many Princes of the Blood Royal Joh. Stow ex Anonymo Hal. Cron. and other great Lords were drawn to a Conspiracy himself laying the Plot together with the Abbot of Westminster the Chief Wheels of all the Practice as moving the rest for the King's Death whereby he brought to the Block those Noble Peers and as his Pestilent Council had infected their Minds so was the Blood of them John Stow Annals Hall ex Walsingh and theirs tainted by this foul Treason but as I discommend his disloyal Actions so I no better approve the other flattering and Time-serving Bishops who did Plead the Right of the Title of the said King more Eloquently than Honestly more Rhetorically than Divinely for which their Expressions they were employed as Ambassadors to Foreign Parts to declare and justifie his Title and Right to the Scepter the Bishop of Hereford to Rome the Bishop of Durham to France the Bishop of Bangor to Germany and the Bishop of St. Asaph to Spain which Bishop of Asaph sate as Judge in that Parliament and pronounced the Sentence of Deposition against King Richard The Form as near as I remember was We John Bishop of St. Asaph John Abbot of Glastenbury Commissioners named by the House of Parliament Sitting in Place of Judgment c. Here you may note that the Bishop did pass Judgment of a great Inheritance no less than Two or Three Kingdoms and though not between two Brothers but Cozins yet did adjudge most wrongfully as was most apparent I note withal That the Title of Lord is not assumed by this King-deposing Bishop nor any other that I read of Now what he had judged in Parliament his Holy Brother of Canterbury must make good in Pulpit Fabian 1. Concor Hall ex Fab. delivering what unhappiness it was to a Kingdom to have it governed by such a Man Certainly a most dangerous Position to an Hereditary Monarchy I also note that this Arch-Bishop was Brother to the Earl of Arundel and at the same time the Arch-Bishop of York a near Kinsman to the Earl of Wiltshire and who durst then plead against the Right of the Bishops Sitting in Parliament In the same King's Reign Richard le Scroop the Arch-Bishop of York did in Parliament enter into Conspiracy with Thomas Mowbray Earl Marshal against the said King for which they were both beheaded And now in the said King's Reign in the Parliament of Coventry let me also tell you That in the said Parliament as in other both before and after a Bill was exhibited against the Temporalties of the Clergy who called that Parliament Parliamentum Indoctorum saying That the Commons were fit to enter Common with their Cattle having no more Reason then bruit Beasts This is Speed's delivery but I take it that he repeateth it as the Prelates Censure of the House of Commons But to him succeeded Henry the Fifth H. 5 in his time did not Henry Chichley in an Eloquent Oration in Parliament revive
the Wars with France Hall in 8 R. 2. by declaring the King 's Right thereunto to the effusion of much Christian Blood and to the loss of all we had there To expiate which he built a Colledg in Oxenford to pray for the Souls Slain in France Though what he did then deliver was true of the King 's Right much Christian Blood and to the loss of all we had there To expiate which he built a Colledg in Oxenford to pray for the Souls Slain in France Though what he did then deliver was true of the King 's Right of France as was also the other of John Arch-Bishop of the same See in Edw. the Third's time and no less true was that of Carlisle against H. 4th's Title Yet I may say it was not the Office or Function of a Bishop to incense Wars Domestique or Foreign Nay this Bishop did set this War on foot to divert the King from Reformation of the Clergy For in that Parliament held at Leicester there was a Petition declaring that the Temporal Lands which were bestowed on the Church were superfluously and disorderly spent upon Hounds and Hawks Horses and Whores which better imployed would suffice for the maintenance of 15 Earls 1500 Knights 6200 Esquires and hundred Alms-houses and besides of Yearly Rent to the Crown 20000 pounds From him I come to his Son Henry the Sixth H. 6 I read many Accusations that Glocester the good Protector did lay to the Charge of Beaufort the Cardinal of Winchester and Lord Chancellor Fox Mart. in H. 6. Great Uncle to the King Living Son to John of Ghent alledging him a Person very dangerous both to the King and State his Brother of York a Cardinal also together with other Bishops no better For we read of Arch-Bishop Bourchier and other Bishops that they did shamefully countenance the distraction of the time These as I delivered before though bad in Parliaments yet too great to put out I will not now speak of many other Particulars that I might either in this King's Reign or his Successors to King Henry the Eighth for that I desire to declare what they did since the Reformation yet therein will be as brief as I may having already too much provoked your Patience for which I crave humble Pardon To Henry the Sixth succeeded Edward the Fourth E. 4 who indeed had the better Title to the Crown notwithstanding Arch-Bishop Nevil Brother to the King Maho Warwick with others did Conspire and attempt his Dethroning and after took him Prisoner and kept him in his Castle of Midleham and after in Parliament at Westminster did they not declare him a Traytor and Usurper confiscate his Goods revoke abrogate and make frustrate all Statutes made by him and intayl the Crown of England and France upon Henry and his Issue-Male in default thereof to Clarence and so disabling King Edward his Elder Brother But to hasten I will pass over Edw. the Fifth E. 3 whose Crown by means of the Prelates as well as the Duke of Buckingham was placed on the head of his Murtherous Uncle that Cruel Tyrant for had not the Cardinal Arch-Bishop by his perswasion with his Mother taken the Brother Richard Duke of York out of Sanctuary the Crown had not been placed on his Uncle's Head nor they lost their Lives and not to speak of Doctor Pinker and Doctor Shaw's Sermons and other foul passages of Prelates as Morton and others who sought also the destruction of King Richard and that when his Nephews were dead R. 3 and none had Right before him to the Crown which he then wore what disloyal long Speeches made he to the Duke of Buckingham to perswade the said Duke to take the Crown to himself From Richard I pass to Henry the Seventh I told you before H. 7 that Morton would have perswaded Buckingham to dethrone King Richard the Third and take the Kingdom to himself to which he had no Right and failing therein he addressed himself to Henry then Earl of Richmond and as by his Counsel he prevailed with him so he prevailed against and won from Richard the Garland This perswader and furtherer of bad Titles was advanced to the See of Canterbury his desire whereof perhaps caused his disloyalty and being in high favour with this Prince by his special Recommendations procured one Hadrian de Castello an Italian to be made first Bishop of Hereford after of Bath and Wells who also was made Cardinal by that Antichristian Goodw. Catal. of Bishops in Bath c. pag. 309. Paulus Jovius and devilish Pope Albert the Sixth and as Moreton had endeavoured the dethroning of his Lord and King so did the other Conspire the Murther of Pope Leo the Tenth when he was told by a Witch That one named Hadrian should succeed him As to Henry the Eighth I need not speak much of his Opinion of Bishops who he saith were but half Subjects if Subjects at all to him when he caused Sir Thomas Audeley Speaker to Read the Oath of Bishops in Parliament Spede And that it was so appeared when Wolsey and Campeius refused to give Judgment for the Unlawfulness of the Marriage of H. 8. and thereupon a Divorce whereupon the Duke of Suffolk said and that truly It was never merry in England since Cardinal Bishops came amongst us It were too large to repeat all the Petitions and Supplications and Complaints of Divines against them in this King's Reign as of Doctor Barnes Latimer Tindall Beane Barns Supplic alii and others This last named saith That the Bishops alone have the Keys of the English Kingdom hanging at their Girdles and what they traiterously Conspire among themselves the same is bound and loosed in Star-Chamber Westminster-Hall Privy Council and Parliament This and much more he But as their sitting there hath been obnoxious so it is useless as may appear by the Statute of 31 H. H. 8.31 8. yet in force where it is Enacted That as the then Lord Cromwell so all other that should thereafter be made Vice-Gerents should sit above the Arch-Bishop in Parliament Nay hold general Visitations in all the Diocesses of the Realm as well over the Arch-Bishops Bishops Arch-Deacons as Laiety to enquire and Correct their Abuses to prescribe Injunctions Rules and Orders for Reforming of Religion for abolishing Superstition and Idolatry and Correction of their Lives and Manners c. And read we not that in the 37 of the King's Reign Letters Patents were granted to Lay-men to exercise all manner of Ecclesiastical Jurisdiction H. 8.37 as the King's Officers not the Bishops Thus we see the Government of Bishops as well as their Sitting in Parliament may be spared And that neither have nor heretofore had any Ecclesiastical Jurisdiction in making of Canons or Constitutions Henry 8.25 but by the King 's Writ nor Promulge or Execute any such without the King 's Royal Assent and Licence under Pain appears by the Statute of
Readiness though at the same time the Parliament had sent Orders to him by Commissioners authorized under the Great Seal according to the King's Directions to apprehend him but he pretended the Orders came not time enough And at the same time he took an Oath which was administred by the King's Authority under the Great Seal to be True and Faithful to the King and Parliament and keep the Town of Portsmouth for their Use and not to deliver it but by both their Consents The Plot being made known to the House of Commons they resented it as a thing of very dangerous Consequence and found it necessary therefore that Mr. Goring should own the Discovery of the Design and immediately he was sent for by the House of Commons whereof he was a Member and being present there he was commanded to declare his Knowledg of the Design Upon this Command he Expressed himself in these Terms Having been told that there was an Intention to Unite the Forces of our Army and to put them into a Posture of being aâ—â—e if not purpose of being willing to interpose in the Proceedings of â—â—â—nament I hearkened to the Propositions of soliciting a Redress for the Miseries of the Souldiery being the first step to this in respect of the present Necessities of it not any future consequence of trouble to those that were to procure our Relief But lest the manner of asking this or the Effect of it being obtained might be less just than the thing it self which was desired and I might be involved in their Crime that had further Ends perhaps than merely the Redress of our Armies Grievances I thought it not amiss to take some Witness of my Integrity along with me and spake to a Noble Lord the very same Day when I assured him there were some Officers of the Army that were least thought on that had not the greatest Zeal to the Proceedings of this House and I thought there would be an occasion to let him know more of it within few Days After this Mr. Jermin and I being admitted into a Consultation where we were tied to Secrecy by an Oath in the Company of those Gentlemen I have named in my Depositions where their purpose was declared to us in some Propositions which were to this Effect First putting the Army into a Posture to serve the King Secondly Tendring a Declaration to the Parliament containing That no Act of Parliament should be made contrary to any former Act which was Expressed That Episcopacy should be kept up as it is now Thirdly That the King's Revenue should be Established This I thought unlawful for our undertakings since they intended to interpose in the Determinations of this House and it belongs to an Army to maintain not to contrive the Acts of State I objected therefore against their Propositions and more the Follies and Difficulties than the irregularities of them not only because I thought Reason a greater Argument with them than Conscience but because I was so unhappy of the two to be thought a worse Common-wealths-man than a Souldier and in that quality could procure most Credit for my words I endeavoured to shew them that as the Design would be impious if the most desperate Counsels had been followed so it would have been the weakest that ever was undertaken if they were omitted And whereas I am said to have a part in this Violent Councel till the day before this Meeting I never heard word of it and knew not when I came to the Room whether theirs were not the same with the other This they may witness for me and that I declared I would have to do with neither and that I expressed contempt of our meeting in that manner But I rely upon the Testimony of some Noble Lords of his Majesties Council and others how I protested against all those violent Councels even in the Birth of them and with what Piety I looked towards the Person of his Majesty and the whole Kingdom in this Business I appeal also to them and some Members of this House what my Carriage was towards these Gentlemen that were imbarqued in these Undertakings intending rather to prevent a mischief by abandoning their Councels than to ruin them by disclosing them But mistake me not for had I known of any former Plot proceeded in that could indanger or disturb the Quiet of his Majesty or the Peace of the Kingdom I should not have been contented with declaring mine own Innocency nor have stayed till the Commands of this House or an Oath Extorted from me a discovery but by a hasty open Declaration have broke the Laws of Amity and Friendship and all former Tyes to the present Duty of a Subject and as freely Exposed the Knowledg of all to the View of the World as I have been tender in publishing these Purposes even to my nearest Friends which had weight enough to crush nothing but the Undertakers of it And certainly if they had stayed where I left them there was no Conclusion at all It appears there were two several Intentions digested by others before they were communicated to me and I know not whether my hearkening to them was a fault but I am sure it was no misfortune By what hath been related Thursday June 10. The L. Digby Expelled the House of Commons but made a Baron the Reader will Easily perceive for what Reason my Lord Digby thought himself Obliged to speak so sharply against Colonel Goring as by his own Confession guilty of a Wilful Perjury as Entring into the Oath of Secrecy purposely with an Intention to discover the Confederacy But all this would not Satisfie the Faction who had entertained a mortal displeasure against him for his Apostacy as they called it in declaring so frankly his Opinion against the Bill of Attainder against the Earl of Strafford for though their Resentments slept some time it was only to gain a fit opportunity to discover their Revenge to purpose and therefore laying hold of these Expressions against Colonel Goring he was this Day by Vote Expelled the House as unworthy to continue any longer a Member of it and Mr. Speaker was Ordered to give Directions to the Clerk of the Crown to issue out a Writ for a new Election in his Place But this was only to shew their Revenge for this very day he was introducted with the Usual Ceremony into the House of Lords and placed next below the Lord Brook his Writ being dated the 9th of June 17 Caroli Regis And immediately upon this it was Ordered That the Lord Digby be added to all the standing Committees The Names of the Persons complained of Yesterday for Disorders in the Church were this day given in to the House of Lords The Names of those that committed the Disorder at the Communion and the Lords Order about it Those that pulled down the Rails about the Communion Table in St. Saviour's Church in Southwark were William Smister William Shepheard Toby Grotwick Hugh
the Commons House Thursday June 17. by which it will appear at what a Rate the Reformation was to be purchased when the first Account Run so high  l. It appeared that there was due to the Kings Army The State of the Account of the Armies 462050 There hath been paid to the Kings Army 150000 Rests due to the Kings Army 312050 There is due to the Scottish Army 216750 Due to the Scots for Shipping 4000 Total due to the Scots 220750 There hath been paid to the Scots 105000 Rests due to the Scots 115750 Total due to English and Scots 427800 Brotherly Assistance to be paid presently 80000 To pay this there is in View  Due from the Customers upon Composition 150000 Due from the Petty-Customers Composition 15000 From the City promised to be Lent 40000 Total 205000 To be provided more 302800 Off the Old Subsidies 300000 New Subsidies 400000 Customers 165000 Total raised and to be raised 865000 The Debate about the Poll-Bill was this Day agitated in the House of Commons whereupon it was agreed Friday June 18. That every Duke shall pay 100 pounds Every Marquess 80 pounds Votes and Rates of the Poll-Bill Every Earl 60 pounds Every Viscount 50 pounds Every Lord 40 pounds Every Bishop 60 pounds Every Dean 40 pounds Every Canon Residentiary 20 pounds Every Prebendary 10 pounds Every Rector for 100 l. per annum 5 pounds Every Baronet and Knight of the Bath 30 pounds Every Knight 20 pounds Every Esquire 10 pounds Every Gentleman of 100 l. per annum 5 pounds Aldermen of London the same Rate with Knights And for other Persons all above the Age of 16 Years Except such as receive Alms to pay 12 pence per pole Recusants of all Ranks to pay double Lord Mayor of London 40 pounds Aldermen Knights 20 pounds Aldermen Deputies 15 pounds Common Council men 5 pounds Master and Wardens of the 12 Companies 10 pounds Every one of the Livery 5 pounds Master and Wardens of the other Companies and such as have fined for Master or Wardens 5 pounds Every one of the Livery 50 shillings Every Freeman of the 12 Companies 20 shillings Every Freeman of the other Companies except Porters and Watermen 20 shillings Every Merchant Stranger being a Knight 40 pounds Every Merchant Stranger at Sea 10 pounds At Land 5 pounds English Merchants in Land not Free 5 pounds Factors 40 shillings Handicrafts-men Strangers 2 shillings per pole If House-Keeper or Papist 4 shillings Widows according to the Degrees of their Husbands Serjeants at Law 20 pounds Kings Serjeants 25 pounds King Queen and Princes Council 20 pounds Dr. of Law and Physick 10 pounds If Papists 20 pounds Arch-Deacons 15 pounds Chancellors and Commissaries 15 pounds Every man of 100 pounds 5 pounds Every man of 50 l. per annum 50 shillings Every one that can dispend 20 pounds per annum 5 shillings Saturday June 19. Bill against Pluralities and Non-residence passed the Commons The Bill against Pluralities and Non-Residence was this day read the third time in the Commons House and being passed was carried up to the Lords for their Assent By this Act it was provided That whosoever had two Livings should before the 21 of September next following resign one of them And that if any Clergy-man should be absent at any time 60 days from his Living he should ipso facto forfeit it A Message was brought from the House of Commons by John Hampden Esq The Bill a-against Pluralities brought up to the Lords who brought up a Bill which had passed the House of Commons Entituled An Act against the enjoyment of Pluralities of Benefices by Spiritual Persons and Non-residence And desires that their Lordships would give such dispatch to the Three Bills lately sent up 1. Concerning the Star-Chamber and the Privy Council 2. Concerning the High Commission Court The Third Concerning disarming of Recusants as may stand with their Lordships conveniency Upon which the said Bill was read the first time Bill against Ship-Money read a second time The Bill of Tonnage and Poundage passed the Lords House The Bill against Ship-mony was also read a second time This day was read the third time the Bill Entituled An Act of a Subsidy granted to the King of Tonnage and Poundage and other Sums of Mony payable upon Merchandzie Exported and Imported And being put to the Question it was Resolved Nemine Contradicente to pass as a Law and the L. Great Chamberlain L. Steward L. Chamberlain E. Holland were appointed from this House to move his Maiesty to appoint a time to give his Royal Assent This day Colonel Goring was again Examined by the House upon several Interrogatories Monday June 21. Goring further Examined upon which he deposed That Sir John Suckling first told him of that design about the middle of Lent last and that afterwards meeting with Mr. Jermyn he desired that he would meet him at White-hill on the Queens side for that he was to speak with her Majesty and would confer with him concerning the Army where meeting at the Queens drawing Chamber her Majesty told him the King would speak with him whereupon meeting with the King his Majesty told him that he was minded to set his Army into a good Posture being advised thereto by my Lord of Bristol as he said and his Majesty then commanded him to joyn with Mr. Percy and some others in that business Now because hereafter when the Faction flew out into open Rebellion they did endeavour to improve this into a scandal against the King as if he were in the design to bring up the Army against the Parliament thereby to render him odious to his Subjects and especially the Nonconformists who made the House of Commons their great Idol the Reader is desired to compare this Passage of Goring's Deposition wherein he tacitly seems to bring the King in as the Author of his entring into the Confederacy whereas in that first confession of his he gives an account that he fell in among them upon the account of the Discourse of endeavouring the redress of the Grievances of the Army and that thereupon finding them full of discontents and as he thought entring upon Resolutions of dangerous Consequence to the Common-wealth and his Majesties safety he continued his Correspondency with them and took the Oath of Secrecy purposely with an intention to disclose the matters and discover them to the Parliament in proof of which original intention of his Confederating with them he tells us He had before-hand provided for his own security by imparting the matter to some great Lords telling them that in a little time he should have occasion as he thought to acquaint them further with some things of great importance The House was this day Resolved into a Grand Committee of the whole House upon the Debate of the Root and Branch Bill Monday June 21. upon which occasion Sir Edward Deering made this following Speech as I find
be the greater because it redounds unto the God of glory My Motion is that those Sheets last presented to you may be laid by and that we may proceed to reduce again the old Original Episcopacy If this Gentleman had thoroughly consulted the Church History he would have found both that Episcopacy was ever accounted a Distinct Order from and above Presbytery and that the most Primitive Bishops exercised the same Jurisdiction and Power in the Church even over Presbyters themselves as the present English Bishops did and for their Temporal Baronies and Lordships it was never esteemed any ways Essential to the Office but only a Concomitant Adjunct which by the Fundamental Constitution of the Government by the Kings annexing Temporal Baronies to their Spiritual Office rendred them one of the three Estates of the Realm And indeed it was this Temporal Honor and their Secular Estates Lands and Tenements which raised the envy of some and the Covetousness of others against not only the Persons but the Order it self Sir Benjamin Rudyard also spake as follows Mr. Hide WE are now upon a very great Business Sir Benjamin Rudyard's Speech concerning Bishops Deans and Chapters at a Committee of the whole House June 21. 1641. so great indeed as it requires our soundest our saddest consideration our best judgment for the present our utmost foresight for the future But Sir one thing doth exceedingly trouble me it turns me round about it makes my whole Reason vertiginous which is that so many do believe against the wisdom of all Ages that now there can be no Reformation without destruction as if every sick Body must be presently knockt in the Head as past hope of Cure Religion was first and best planted in Cities God did spread his Net where most might be caught Cities had Bishops and Presbyters were the Seminaries out of which were sent Labourers by the Bishops to propagate and cultivate the Gospel The Clergy then lived wholly upon the Freewill-Offering and Bounty of the People Afterwards when Kings and States grew to be Christians the outward settlement of the Church grew up with them They Erected Bishopricks Founded Cathedral Churches Endowed them with large Possessions Landlords built Parish Churches gleab'd them with some portion of Land for which they have still a Right of Presentation I do confess That some of our Bishops have had Ambitious Dangerous Aims and have so still that in their Government there are very great Enormities But I am not of their Opinion who believe that there is an Innate ill Quality in Episcopacy like a Specifical Property which is a Refuge not a Reason I hope there is not Original Sin in Episcopacy and though there were yet may the Calling be as well Reformed as the Person Regenerated Bishops have governed the Church for 1500 years without interruption And no man will say but that God hath saved Souls in all those times under their Government Let them be reduc'd according to the usage of Ancient Churches in the best times so restâ—â—â—â—d as they may not be able hereafter to shame the Calling I love not those that hate to be Reformed and do therefore think them worthy of the more strict the more close Reformation We have often complained That Bishops are too absolute too singular Although Cathedral Churches are now for the most part but Receptacles of Drones and Non-Residents yet some good Men may be found or placed there to be Assessors with the Bishops to assist them in Actions of moment in Causes of Importance there is maintenance already provided for them If either in Bishopricks or Cathedral Churches there be too much some may be pared off to relieve them that have too little If yet more may be spared it may be employed to the setting up of a Preaching Ministry through the whole Kingdom And untill this be done although we are Christians yet are we not a Christian State There are some places in England that are not in Christendom the people are so ignorant they live so without God in the World for which Parliaments are to answer both to God and Man Let us look to it for it lies like one of the Burdens of the Prophet Isaiah heavy and flat upon Parliaments I have often seriously considered with my self what strong concurrent Motives and Causes did meet together in that time when Abbies and Monasteries were overthrown Certainly God's hand was the greatest for he was most offended The profane Superstitions the abominable Idolatries the filthy nefandous wickedness of their Lives did stink in God's Noistrils did call down for Vengeance for Reformation A good Party of Religions Men were Zealous Instruments in that great work as likewise many Covetous Ambitious Persons gaping for fat Morsels did lustily drive it on But Mr. Hide there was a principal Parliamentary motive which did facilitate the rest for it was propounded in Parliament that the Accession of Abby-Lands would so inrich the Crown as the people should never be put to pay Subsidies again This was plausible both to Court and Countrey Besides with the Over-plus there should be maintained a standing Army of Forty Thousand Men for a perpetual defence of the Kingdom This was Safety at home Terrour and Honour abroad The Parliament would make all sure Gods part Religion by his blessing hath been reasonably well preserved but it hath been saved as by fire for the rest is consumed and vanished the people have payed Subsidies ever since and we are now in no very good Case to pay an Army Let us beware Mr. Hide that we do not look with a worldly carnal evil Eye upon Church Lands let us clear our Sight search our Hearts that we may have unmixt and sincere Ends without the least thought of saving of our own Purses Church Lands will still be fittest to maintain Church Men by a proportionable and orderly distribution We are very strict and curious to uphold our own Propriety and there is great reason for it Are the Clergy only a sort of Men who have no Propriety at all in that which is called theirs I am sure they are Englishmen they are Subjects If we pull down Bishopricks and pull down Cathedral Churches in a short time we must be forced 〈◊〉 pull Colledges too for Scholars will live and dye there as in Cells if there be not considerable Preferment to invite them abroad And the example we are making now will be an easie Temptation to the less pressing necessities of future times This is the next way to bring in Barbarism to make the Clergy an unlearned contemptible Vocation not to be desired but by the basest of the People and then where shall we find men able to convince an Adversary A Clergy-men ought to have a far greater proportion to live upon than any other Man of an equal Condition He is not bred to multiply Three-pences it becomes him not to live Mechanically and sordidly he must be given to Hospitality I do know my self a
and Subdivisions made under them The first Head concerning the Disbanding of the Army First Head that is in the Forefront because it is first to be done and to make way for all the rest And of this four several Branches 1. The House of Commons desires the five Regiments to be first Disbanded according to the former Order agreed upon by both Houses 2. The Commissioners for the Scots to be desired to retire some of their Troops from the Teeze 3. That their Lordships would joyn with the House of Commons in an humble motion to his Majesty to declare these Five Regiments to be Disbanded and the rest of the Army as soon as Mony may be provided and for the punishment of those that shall refuse to Disband if any such should be 4. That the Lord General should be intreated forthwith to repair to the Army upon Saturday at the furthest at which time the Mony will be there And that the Lord Newport Master of the Ordnance may likewise be there to take care of the Ordnance and all things under his Charge The Second Head was Second Head That his Majesty will be pleased to allow a convenient time before his journey into Scotland that so the Army may first be Disbanded and that some of the important Affairs now depending in Parliament some in both Houses and other some in the House of Commons may be dispatched before his Majesties Journey This Proposition he backs with these Four Reasons 1. The Safety of his Majesties Person 2. The Removing of the Jealousies of his good Subjects 3. The Cutting off the hopes of those which are ill affected and have any Design of disturbing the Kingdom by means of the Armies 4. The great advantage in his Majesties own Affairs and contentment of his People if before his going the Royal Assent may pass to divers Bills concerning the Reformation of the Church and State whereof some are already sent up and others in Preparation as the Bill intended for further Grant of Tonnage and Poundage and other Customs That some time may be employed to Regulate the King's Estate and Revenue to free them of unnecessary Burthens and to employ them for the good of the Commonwealth All which require his presence in Parliament The Third Head was about his Majesties Councels Third Head 1. That his Majesty may be humbly Petitioned to remove such evil Counsellors against whom there shall be any just Exceptions And for the Committing of his own Business and the Affairs of the King to such Counsellors and Officers as the Parliament may have cause to conside in The Reasons Because all those ill effects we feel were produced by those ill Counsels in all the three Fundamentals before spoken of 1. In matters of Religion 2. In the King 's private Estate 3. In the good of the whole Kingdom All these Three have decayed but those of another Kind and Allay have much prospered of late amongst us as matters of Monopolies matters of Projects and new Inventions Here he told your Lordships a Tale of a Gardner who being demanded why the Weeds grew so fast and the Flowers so thin in his Ground-Plot answered That the Weeds were the true Children but the Flowers were but so many Slips and Bastards So saith he it is written That Kings should be our Nursing-Fathers and Queens our Nursing-Mothers but we have found here of late by reason of bad Counsellors no Nurses but Hirelings of the Publick State these therefore are especially to be removed for the reducing of the Kingdom to a better Condition and Posture Howbeit this Request is by the Commons recommended but in general for the present without pointing out or designing of particulars in hope the King will find them out himself Otherwise it will cause the House of Commons to reduce this Petition to Names of Particulars and therefore they desire your Lordships so to commend it to his Majesty that he would put the Affairs of his own and the Kingdom into such hands as his Majesty and the Parliament may confide in The Fourth Head concerns the Queens Majesty Fourth Head and consists of several Branches 1. That his Majesty will be graciouslyy pleased by Advice of his Parliament to persuade the Queen to take some of the Nobility and others of Trust into her Service in such Places as are now of her disposing Reason She shewed her self ready to do any thing for the Common good of the Kingdom and this is of that kind 2. That no Jesuit be entertained into Her Majesties Service nor any Priests Natives of his Majesties Dominions The Reasons of this First Because Banished in all other Courts of Catholique Princes Secondly Against the Laws of our Nation that Native Priests should be here 3. That the Colledg of Capuchins at Denmark House may be dissolved and the Persons sent away out of the Kingdom for these Four Reasons 1. Their being here is a Scandal to our Religion and a Danger to our Peace 2. Disaffection to the State manifested in Two Letters dated May 6. whereby many Slanders are cast upon the Parliament and the good Subjects under the Name of Puritans as disaffected and injurious to the Queens Person and thereupon the Cardinal excited to some Design against England 3. The Letter of Nathanael Phillips wherein by way of Reproach unto the Parliament he writes That the Protestation taken in both Houses is like the Scottish Covenant but somewhat worse 4ly That divers Informations are given of great quantity of Gold Transported by these Priests 4. The Fourth Branch concerning the Queen is upon the special Occasion of his Majesties absence That your Lordships would joyn with the House of Commons to Advise the King That some of the Nobility and others of Quality with a competent Guard may be appointed to attend the Queen for the Security of her Royal Person against all Designs of the Papists and others ill-affected to the Peace of the Kingdom The Reasons for this First To secure Her from Popish Attempts Secondly By the Watchfulness of those Worthy Persons Priests and Jesuits may be kept from the Court. He protested That herein they intended nothing of Disrespect he said it was a blessed thing to be kept from Temptation and to be rid of those Flies would gain the Queen the Love of the People in his Majesties Absence The Fifth Head concerning the Prince Fifth Head and the rest of the Royal Issue That some Person of Publique Trust and well-affected in Religion may by Advice of the Parliament be placed about the Prince and may take Care of his Education Especially in matters of Religion and the like Care to be taken of the rest of his Majesties Children The Sixth Head concerning Papists coming to Court Sixth Head consisted of Four Branches 1. Humbly desired by the Commons who desire your Lordships to Joyn with them in that Petition That his Majesty would be sparing in Licensing Papists to come to
of the Palatinate by whose only means he had suffered the same to be lost to the Emperor and that therefore he should presently press that King either to give a full and direct Answer under his Hand and Seal for the Restitution thereof or else to joyn his Armes with his Majesty against the Emperor for the Recovery of the same But this matter as it further appears by the Original Journal-Books of the Lords House being either not throughly pressed or notably dissembled so many delays ensued one upon the neck of another as in the Issue it drew his Royal Majesty then Prince of Wales to undertake that dangerous and remote Journey unto that Nation which hath been the long and hereditary Enemy of England This Journey was chiefly undertaken by so great a Prince to add an end one way or other to that unfortunate Treaty and his stay in Spain did causally proceed from his earnest desire to have effected a peaceable Restitution of the Palatinate and therefore I doubt not but he shall now live to verifie that Excellent and Heroick Expression which he made to the Conde de Oilvarez a little before his coming out of that Kingdom Look for neither Marriage nor Friendship without the Restitution of the Palatinate And I assure my self That the Force and Power of Great Britain which was lately by subtil and wicked Instruments divided against it self being now united in One again will be able to Effect such Great and Considerable Actions as shall render his Majesties Name and Reign Glorious to all Posterity The Two Houses of Parliament at that time received the before-mentioned Declaration with so much resentment as having rendred Glory to God that had so seasonably discovered the Spanish Frauds and next their humble acknowledgments to their then Gracious Soveraign for requiring their Counsels in a business of so great Importance they did unanimously advise him to break off the said two Treaties touching the Marriage and the Restitution of the Palatinate ingaging no Less than their Persons and Purses for the Recovery of the then Prince Elector's Ancient and Hereditary Dominions It appears also in the Original Journal-Book of this House De Anno 1. Caroli That this great Business was again taken into Consideration but was finally intombed with other Matters of great Moment by the fatal and abortive Dissolution of that Parliament If therefore this Great Council of the Kingdom did in those two former Parliaments account the Restitution of this Illustrious and Princely Family to be of such great necessity for the preserving of True Religion abroad and securing our selves at home as to ingage themselves for an Assistance therein Certainly we may upon much better grounds undertake the same now when I assure my self we may go as far with a Thousand pounds for the present as we could have done with Ten thousand at that time for let us but take a short View of the Estate of Christendom what it was then and what it is now and we shall easily perceive a great Alteration in the ballance thereof In France where Monsieur de Luynes did then rule all being himself acted by the Pope's Legate that King Contrary to the Examples of Francis the First Henry the Second and of Henry the Great his own Father and Contrary to the Maximes and Interest of that State and his own Safety advanced the Formidable Power and Spreading Greatness of the House of Austria but now the same French King's Eyes have been so opened that shaking off that former unhappy Slumber he was in he hath by his Arms and Power to his immortal Honour and Glory for divers years last past endeavoured to restore again that Liberty to the German Empire in the Ruin of which himself had so fatally before Concurred The Swedes were then involved in several Wars or Jealousies with the Pole and inforced to keep at home to defend their own but now have a strong Army and possess divers Pieces of Important Consequence within the very Bowels of the Empire The Episcopal Electors with the other Pontifician Princes and Prelates the sworn Enemies of the Protestant Religion were then Rich and Potent but since most of their Countries and Territories have tasted of the same Calamities of War which they had formerly brought upon their Neighbours so as now they are most of them scarce able to defend their own much less to offend any other The Pseudo-Lutheran Elector of Saxony that is Causally guilty more than any other single person Living of all those Calamities and Slaughters which have for so many Years wasted Germany and was then so Liberal of his Treasure and so forward with his Arms to ancillate to the Emperor's Designs to the almost utter Subversion of the True Religion in Germany is now after the reiterated temeration of his Faith and Promises the Fatal Survivor of the several Devastations of his own Country and Dominions so as all those vast difficulties and great dangers which might well have retarded the forwardness of those two former Parliaments the first being held in the 22d Year of his Majesty's Royal Father and the Later in his Own first Year being now removed we have greater Encouragements than ever to Concur with our Sacred Soveraign in the Asserting of this his most Just and Princely Manifesto For mine own part I expect no good Issue of the present Treaty at Ratisbonne I know the Duke of Bavaria's Ambition too well ever to imagine that he will part with those Large Revenues and much less with the Septem-Viral Dignity and Suffrage he hath obtained by the Prince Elector's Calamity and Misfortune unless it be Extorted from him by force of Arms. My humble Advice therefore is That we send up to the Lords to desire a speedy Conference with them in which we may acquaint their Lordships how far we have proceeded in our Approbation of his Majesties most Royal Manifesto and to move them to Concur with us therein After a long Debate the House came to this Resolution Resolved c. That this House doth Approve of his Majesties Pious Intention in the behalf of his Royal Sister the Queen of Bohemia Vote about the Manifesto and his Nephew the Prince Elector Palatine and the rest of the Princes of that Family and of the Publishing the Manifesto to that purpose and this House will be ready to give his Majesty such Advice and Assistance therein by Parliament as shall stand with the Honour of His Majesty and the Interest and Affection of this Kingdom if the present Treaty shall not succeed But these were only Words and they were so far from giving his Majesty or the Electoral Family any Assistances that having Encouraged the King of England to put out this Manifesto and then failing him of all Assistances to make it good they rendred Themselves the English Nation and the King himself Cheap in the Esteem of Forreign Nations however Mr. Pym was Ordered to go up to the Lords to desire a
Cohabit July 12. 1641. It was Resolved to pass as a Law Nemine Contradicente UPon Report this Day made unto the House from the Lords Committees for Petitions That William Walter was complained of by the Petition of Elizabeth Walter his Wife for refusing to Co-habit with her or allow her and her 3 Children Maintenance and Supportation for their Lively-hoods although he hath a Good and a Plentiful Estate It was thought fit and so ordered by the Lords in Parliament That the said William Walter shall settle Lands and Tenements cleared from all former Incumbrances other then Leases whereupon the usual Rent is reserved lying in the County of Pembroke upon such Trustees as the said Mrs. Walter shall Nominate to the use of her self and her said 3 Children during the time of her Life And Mr. Justice Foster and Mr Justice Heath's assistance to the said Lords Committees for Petitions are hereby desired by the Lords in Parliament to direct the Counsel of the said Mrs. Walter what security shall be taken in or out of the Premisses and how and in what manner an Estate of and in the Lands and Tenements or Tithes of the said William Walter shall be setled or charged and chargeable with the payment of sixty Pounds per An. to the use of the said Mrs. Walter and her 3 Children the first payment whereof to begin at Michaelmass next ensuing the Date hereof And in Case the said Mr. Walter 's Estate shall encrease by the Death of his Mother or Grandmother or otherwise it is their Lordships Pleasure that the Moiety of the same as it shall fall and accrew to him shall be settled and paid unto the said Feoffees to the use of the said Mrs. Walter and her 3 Children as aforesaid by the Advice of the Judges aforenamed And further that if the said William Walter shall refuse or delay by the space of a Month next ensuing to make such settlement in manner as aforesaid then it is their Lordships Pleasure that a Sequestration shall be awarded to such Person or Persons as the said Mrs. Walter shall nominate to take and receive so much of the Yearly Rent and Profits of the said Lands and Tenements of the said William Walter as shall amount to such proportions and allowances as aforesaid to be answered to the said Mrs. Walter or her Assigns half Yearly for the uses aforesaid UPon Report this Day made unto the House from the Lords Committees An Order of the Lords concerning a Vicaridge in Sir Peter Osborn's Case Plaintiff against Thomas Joyce Clerk July 12. 1641. for Petitions in the Cause of Sir Peter Osborn Knight Plaintiff and Thomas Joice Clerk it appeared unto their Lordships That Sir John Osborn Knight deceased Father of the said Sir Peter was seized in Fee of the Rectory of Hawnes in the County of Bedford to which the Advowson of the Vicaridge did consist only of eight Pounds per Ann. stipend That the said Sir John Osborn did in the 9th Year of King James convey the Inheritance of the said Rectory and Vicaridge together with a new House built upon his own Land to the now Bishop of Durham Sir Thomas Cheek and others for the Increase of Maintenance of such Vicar or Vicars as should be nominated by the said Sir John or his Heirs But before the Gift Sir John puts in Mr. Brightman and Mr. Wilson successively who injoyed the said House and Tythes and after the Gift nominated Mr. Sherley who was only Licensed by the Bishop but never Instituted or Inducted After the Death of the said Mr. Sherley the said Sir Peter Osborn nominated Mr. Buckley who was Licensed by the Bishop without being instituted or Inducted the Defendant Joyce obtains a Presentation by Lapse and gained a Decree in Chancery for the Rectory House and Tythes against which Decree Sir Peter Osborn objected that the Donor intended the said Rectory to him only that was to be nominated by himself or his Heirs and could not intend it to any that came in by Lapse it being then in Lapse when his Gift was made which was denied by the Defendant and affirmed that it was intended to the Incumbent whoever he was otherwise the Charity of the Donor would be overthrown Whereupon the Decree and Deed of the said Sir John Osborn was produced and read before the said Lords Committees who after long Debate by Councel on both Sides were fully satisfied That the Donor intended it to none but such as should come in by the Nomination of him or his Heirs Whereupon it is Ordered and Adjudged by the Lords in Parliament That the said Lay Fee Rectory and House together with all the said Donors Gift setled by the said Deed shall by virtue of this Order go to such Clergy-Man or Men as the said Sir Peter Osborne and his Heirs shall Nominate and Appoint according to the meaning of the said Donor and no other And that the Defendant Joyce that came into the vicaridge by Lapse shall have no Advantage of the Gift so made by Sir John Osborne but shall forthwith upon Notice hereof relinquish the same and shall also Answer to the Feoffees for all the Profits of the said House and Rectory by him taken ever since the said Decree and if the said Defendant Joyce conceives he hath any Right he is left to try the same at the Common Law without taking any advantage of the said Decree or of any thing done by Sir Peter Osborne in Obedience to the said Decree A Message was brought from the House of Commons by Sir Henry Vane Junior to desire that the Bill for Tonnage and Poundage may be delivered unto them to be brought up and presented by their Speaker with the Commission under the Great Seal annexed THeir Lordships taking this into Consideration Message from the Commons about the Bill of Tonage and Poundage and perusing the Commission found by the Tenor of the said Commission that the Bill of Tonnage and Poundage could not pass the Royal Assent by virtue of this Commission if they were separated therefore to avoid all Ambiguities Resolved to send some Lords to desire His Majesty would be pleased to come in Person to give the Royal Assent to the said Bill Hereupon the E. Bath E. Essex E. Cambridge E. Bristol Bill for Tonnage and Poundage passed the Royal Assent went presently to attend his Majesty therein who brought this Answer That the King will be here presently His Majesty being come and satt in the Chair of State the Commons were sent for who came and by their Speaker presented the Bill for Tonnage and Poundage then the Clerk of the Crown read the Title of the said Bill and the Clerk of the Parliament pronounced the Royal Assent thereunto in these words Le Roy remerciant ses bons Subjects accepte Leur Benevolence et ainsi le veult It was this day Ordered in the Commons House Munday July 12. Order for Aftornoon Sermons in all
Our Ambassador to the Emperor and other Princes in the said Diet Assembled And to that purpose have given him full Power and Instructions to contribute all Our Authority to the Procurement and Setttlement of a good and blessed Peace by the reestablishment and restitution of the Possessions and Dignities of our said dear Sister Nephews and Electoral Family without which no Peace can either be honest or secure Hereby Exhorting and Desiring all other Kings Princes and States our Friends Allies and Confederates who shall either be present at the said Diet or shall have their Ambassadors or Deputies there that they will be assisting to the Justice of so good a Cause and to so great a Blessing as the restoring of Peace to the almost desolate Estate of Germany But because We may have just Cause to doubt by many Experiences of Our former Endeavours that the Issue and Fruit of this meeting may not be answerable to Our just Expectation but rather that it may produce contrary Effects to the prejudice of the Justice and Rights of Our said Nephews and their Family which God forbid we are hereby forced to protest against all Acts Sentences Conclusions or Determinations whatsoever which shall or may be had made or declared either in Confirmation of the Oppressions and Usurpations past or any Additions thereunto for the future as invalid and of no power or effect In which Case being contrary to Our desire and expectation We also further protest and declare that We will not abandon neither Our own nor the Publick Interest nor the Cause Rights and just Pretences of Our dear Sister and Nephews and other Princes and States involved within their Oppressions But that We will use and employ all such force and power wherewith God hath enabled Us both by Our own Arms and the help and assistance of all Our Allies and Friends to vindicate Our own Honour the Publick peace and redress of the Injuries Usurpations and Oppressions of Our said dearest Sister and Nephews and their Illustrious Family And hereby as we do profess to use all our endeavour and Power to promove a happy and desired Peace for the Consolation of the distressed Empire so We do appeal to Almighty God the Inspector of the Hearts of all Princes and to the World the Spectator of all Our just Actions that We will be innocent before God and the World of all the Evils that may ensue if these Our last Hopes shall be delayed or abused HIs Sacred Majesty of Great Britain being resolved in Case this his last Endeavor by his Extraordinary Ambassador sent to the Diet at Ratisbone for a friendly Accommodation of his Nephew the Prince Elector Palatines Affairs should prove fruitless to have his said Embassy without further loss of Time seconded by more powerful and effectual means went to His Parliament on the Fifth day of July last and there after the dispatch of some other Affairs presented the above written Manifesto with these Words I Take this occasion to present to both Houses That whereby I hope all the World shall see that there is a good Understanding between Me and My People It is concerning My Nephew the Prince Elector Palatine who having desired Me by the Advice of the King of Denmark to assist him in a Treaty for his Restauration at the Diet now held at Ratisbone by the Emperour I could not but send My Ambassador for that purpose though I much doubt that I shall not have so good an Issue of it as I wish The which My Nephew foreseeing hath desired Me for the better Countenancing of his Just Demands to make a Manifesto in My Name which is a thing of that Consequence that if I should do it alone without the Advice of My Parliament it would be of much less force Therefore I do here propose it unto you That by your Advice I may do it for that way I think it most fit to be published in My Name THe said Manifesto concerning the Restitution of the Electoral Palatine Family having been Seriously Considered by both Houses They togethe reame to his Majesty in the Banquetting-House on the Twelfth of July last where the Speaker delivered the said Houses their Opinion and Resolution in this manner YOur Majesty in your Royal Person was pleased to recommend this Manifesto touching the Palatine Cause to be read in full Parliament and to be advised of by both Houses Both the Houses have seriously considered of it and have commanded Me to present these their Humble Advices unto your Sacred Majesty which are expressed in this Declaration which hath passed the Votes of both the Houses and which I am commanded to read unto your Majesty Dei Mercurii 7 Julii 1641. Resolved upon the Question That this House doth approve of His Majesties Pious Intentions in the behalf of His Royal Sister and His Nephew the Prince Elector Palatine and the rest of the Princes of that Family and of the publishing this Manifesto to that purpose and that this House will be ready to give His Majesty such advice and assistance therein by Parliament as shall stand with the Honour of His Majesty and the interest and affections of this Kingdom if the present Treaty shall not succeed Die Sabbathi 10 Julii 1641. Resolved in like manner upon the Question by the House of Peers That they do concur in this Vote with the House of Commons I am likewise Commanded to present the humble desires of both the Houses of Parliament That Your Majesty will be pleased to recommend this Manifesto to the Parliament of Scotland to have the Concurrence of that Kingdom THus much was delivered by the Speaker of the House of Peers both Houses then attending His Majesty in the Banquetting-House at White-Hall To which His Majesty was graciously pleased to make them this Answer WE take very thankfully the Concurrent Advices of both the Houses of Parliament in so great and pious a Work declared in these Votes and Resolutions which you have read unto Us. We will also take care to recommend this Manifesto unto the Parliament in Scotland to have the Concurrence of that Kingdom which We doubt not but they will perform Mr. Treasurer reports in a Paper His Majesty's Answer to the Third of the Ten Heads presented in the Painted Chamber in haec verba MY Answer is That I know of none The Kings Answer to the 3d of the 10 Propositions about ill Counsellors the which Methinks should both satisfie and be believed I having granted all hitherto demanded by Parliament Nor do I expect that any should be so unadvised as by slander or otherwise to deter any that I trust to in my Publick Affairs from giving me Counsel especially since freedom of Speech is always demanded and never refused to Parliaments This Gracious Prince was so unwilling to disoblige even by any Casual Word that might bear a hard Construction that His Majesty immediately sent a Second Paper in these Words Which was delivered at
Scottish Commissioners in a free and friendly manner to declare to them whether they have lately received any Instructions from the Parliament of Scotland to press His Majesty's present Repair thither in Person at the Parliament the 17th day of this present August Hereupon the Earl of Warwick Viscount Say and Seal Lord Wharton Lord Kimbolton and Lord Savile were appointed presently to go to the Scots Commissioners and desire from both Houses their Answer hereunto in writing The Lord Keeper reported That he had delivered the Reasons to the King in the name of both Houses concerning the staying of His Majesties Journey into Scotland for 14 days and his Majesty returns this Answer That the importance of your desires would require some time of deliberation The Kings Answer to the 4 Reasons for staying his Journey if the urgent Necessity of the business did not press the contrary and His Majesty said the same Necessity teacheth him to Answer the Necessity is two fold 1. The first and chiefest his Publick Faith given to his Kingdom to be present at the Parliament and His Majesty said That never any Prince was more strictly bound in Honour to perform any thing then he was to do this 2. The Vrgency of His Majesties Affairs there which indeed he said were very great To comply with both which he can stay no longer then Tuesday and so long he thought fit to stay that the Gentlemen of the House of Commons may so hasten the Scottish Treaty that he may give his Royal Assent thereunto some time to morrow for otherwise His Majesty shall be forced to pass it by that Commission which he leaves behind him but the earnest desire his Majesty hath of passing this Important Bill personally makes him stay thus long which he knows will be inconvenient unto him To conclude His Majesty desires your Lordships to remember That upon yoâ—r desires he hath already stayed one Month and that you by Publick Promises are engaged not to urge his stay longer then to morrow therefore remembring all engagements His Majesty expects that you press him no more in this for His Majesty said indeed he must go and for the Government of the Kingdom he hopes he shall leave behind him such Commissions as will serve especially since the Parliament is Sitting The Lord Brook was sent to find out the Scottish Commissioners and to desire them to expedite their Answer who presently returning brought it in writing which was read in these words AS we are very sensible of the great Care the Houses of Parliament have to keep a good Correspondency betwixt the two Nations Scottish Commishoners Answer to the 4 Reasons for the Rings stay and the Sense they have of the manifold Inconveniences which Scotland doth sustain by their frequent Meeting and Adjourning of the Parliament so we know nothing can more conduce for conserving that Correspondency and for removing these manifold prejudices we sustain through the frequent Prorogation of our Parliament then that the Treaty of Peace which by the blessing of God and His Majesties and the Parliaments Wisdom is now brought to a close may as a Sovereign Remedy of the great Evils which troubles both Kingdoms without further delay be Enacted here for the Peace and safety of both Kingdoms that the same may with all speed be Ratified in the Parliament of Scotland His Majesty hath by several Letters promised to hold the Parliament of Scotland in his own Royal Person and hath intimated the same by Publick Proclamation to all his Subjects there and although His Majesty by his Royal Letter of the 18th of May was obliged to have holden the Parliament of Scotland upon the 15th of July last in his own Royal Person or if any unexpected Occasion should happen to detain him that he would appoint a Commissioner for holding thereof at the day aforesaid to do every thing which might conduce to the Establishing of the True Religion Laws and Liberties of their Kingdom Yet such is the Affection and Respect of the Parliament of Scotland to the Parliament of England as notwithstanding their many pressing Difficulties they have condescended that his Majesty stay his Journey into Scotland until the 10th of August in respect that the Parliament of England did Assent to His Majesties going at that time which the Parliament of Scotland doth expect without any surther delay What may be the Condition or Importment of Affairs here or what Reason the Parliament hath which moveth them to Petition His Majesties stay is not proper for us we will therefore forbear to shew our selves beyond our Line but do remit the Consideration of this to the King and the Parliaments Wisdom And finally where it is desired by the Houses that we would in a friendly and free manner declare unto them whether we have lately received any Instructions from the Parliament of Scotland to press His Majesties repair thither in Person we do conceive that His Majesties former Promises of going thither in his own Person upon the 10th of August and the Assent of both Houses to his Journey and the Resolution of the Parliament of Scotland to prepare their business till the 17th of August and after that time that they will conclude and pass such Acts as they conceive necessary for the good of the Kingdom a sufficient Instruction for us both to press and expect His Majesties going against that time and the pressing necessity of the Affairs of that Kingdom as such cannot without danger of irreparable loss suffer longer delay This being read it was Communicated at a Conference to the House of Commons After a long Tugg the Commons finding the King resolute to pursue his Journey and the Lords unwilling to press His Majesty any further in the Matter they resolved to expedite matters so as if possible to settle them before His Majesty goes But lest this Sitting upon the Lords Day which the Presbyterians idolized even to down-right Judaism many of them thinking it unlawful even to dress Provision for their Families on that day should scandalize them the Commons were resolved to do something in Vindication of this so unusual a Sitting and to give the Nation the Reasons for it which Mr. Pym did in haec verba WHereas both Houses of Parliament found it fit to Sit in Parliament upon the 8th of August being the Lords Day The Reasons of the Sitting of the Parliament on the Lords Day for many urgent and unexpected Occasions concerning the Safety of the Kingdom and being so straitned in time by reason of his Majesties Resolution to begin his Journey towards Scotland on Monday following early in the morning it was not possible so to settle and order the Affairs of the Kingdom either for the Government thereof in the King's Absence or for the present Safety as was requisite upon these pressing Necessities though the Houses thought it necessary to Sit yet the Lords and Commons Assembled in Parliament think it meet to declare
That they would not have done this but upon inevitable Necessity the Peace and Safety of both the Church and State being so deeply concerned which they do however declare to the End that neither any other Inferior Court or Councel or any other Persons may draw this into Example or make use of it for their Encouragement in neglecting the due observance of the Lords Day Which being read Sir Jo. Culpeper Ordered to carry up this to the Lords for their Concurrence was assented to Nullo Contradicente Ordered That Sir John Culpeper carry up this Order to the Lords and to acquaint their Lordships how it past Nullo contradicente and that if it pass so in their House to desire it may be so entred that it may appear to Posterity with what Vnanimous Consent both Houses of Parliament are solicitous for the due Observation of the Lords Day and likewise to desire of their Lordships That it may be printed as the Declaration of both Houses To which the Lords also assented Nullo contradicente Which being done it was ordered to be entred in the Journals and printed for Satisfaction to Posterity A Proposition from the French Ambassador This day the Earl of Warwick reported that the French Ambassadour was with him and desired his Lordship That he would acquaint this House That he desired leave for the Raising and Transporting of a Regiment of English Souldiers for the Service of the French King and in particular the Earl of Carnarvan 's Troop of Horse and he said if occasion requires hereafter to imploy them in the Service of the Palatinate the French King would add Ten Thousand Foot to them in that design Hereupon the House thought fit that the French Ambassadour set down his Proposition in Writing Duke of Lenox made Duke of Richmond and Introducted Monday August 9. and then present it to this House This Day the Lord James Duke of Richmond was with the Usual Solemnity Introducted his Writ bearing Date 8th Aug. 1641. Ordered That the Gracious Answer from his Majesty be entered in the Journal of the House His Majesty sent this following Message to the House That his Majesty forgot to tell the Houses yesterday one Thing That his Businesses are so well prepared in Scotland that he shall make no long stay there and intends to be back before Michaelmas A Message from his Majesty and it may be by the midst of September Concerning the Army which he is sorry is not already disbanded but upon the Word of a Prince he will do his best and hopes not without good effects for the speedy Disbanding thereof That besides the Bill for the Scots Treaty another Bill will come down from the Lords for securing the Government in his Majesties absence And his Majesties Command at this time is to signify his desire to the House that they pass both these Bills some time this Day that so his Majesty may give his Assent unto them His Majesty desires the speedy passing of this last Bill conceiving that the passing thereof may assist his Majesty in the desired disbanding of the Armies And that when his Majesty upon Saturday bid the Lords severally Farewel his Intent then was to both Houses which if they did not so understand it his Majesty now commanded to signifie it as his Intention therein A Message was brought from the House of Commons by Mr. Message from the Commons to have E. Pembroke made L. Steward and E. Salisbury L. Treasurer Hollis to let their Lordships know That they understand that the Lord Steward is to go beyond the Seas with the Queen and so is to resign his Staff The House of Commons desires their Lordships to joyn with them to move his Majesty that he may resign his Staff to the Earl of Pembroke who is a very fit Person for that Place And further he was commanded by the House of Commons to signifie That they have taken into Consideration the setling of the King's Revenue and because it will be requisite to have a Lord Treasurer that is a Person of Honor and Abilities they have Voted Nemine contradicente the Earl of Salisbury to be a very fit Person for that Place therefore the House of Commons desires that their Lordships would joyn with them to recommend him to his Majesty for that Place The Bill for the Commission from his Majesty to give the Royal Assent to certain Bills c. was passed the Lords and carried down to the Commons A Message was brought from the House of Commons by Sir Arthur Haslerig Bill for publick Faith for Brotherly Assistance passed the Lords who delivered from the House of Commons the Bill of Publick Faith for securing by publick Faith the Remainder of the friendly Assistance and Relief promised to our Brethren of Scotland which was read immediately three times successively and being put to the Question and it was Consented to pass as a Law Nemine contradicente The Bill for Regulating and better Ordering the Clerks of the Market being read a third time passed the Lords House Tuesday August 10. Clerk of the Markets Bill passed the Lords House Conference about the Commission to pass Bills in the Kings Absence A Conference having been desired by the Commons concerning the Bill to strengthen the Kings Commission for passing Acts in his Absence it was thus reported by the Lord Keeper That the House of Commons had returned the Commission and the Act to enable the Commission with some Amendments and desired that some Additions might be made both to the Commission and to the Act for the Commons conceive that they are both too Particular and not General enough which may be very prejudicial For 1 They find no President that a Parliament was ever Sitting without a General Power 2 It might be a dangerous President to accept of a Limited Commission by an Act of Parliament 3 There may happen Emergent Occasions for the Safety of the Kingdom which cannot be foreseen therefore 't is dangerous to accept of such a Limited Commission by an Act of Parliament His Majesty being come to the House The King passes Bills in the Lords House for Pacification c. and the Commons with their Speaker being come up according to the usual manner these following Bills were passed 1 An Act for the Confirmation of the Treaty of Pacification between the Two Kingdoms of England and Scotland 2 An Act for securing by Publick Faith the Remainder of the Friendly Assistance and Relief promised to our Brethren of Scotland 3 An Act for the free bringing in of Gun-Powder and Sal-Petre from Forreign Parts and for the free making of Gun-Powder in this Realm Memorandum His Majesty said he hoped that the Parliament would consider of a Bill for making of good Gun-Powder and for preserving the Sal-Petre Works for the Defence of this Kingdom and if they did not He professeth Himself to be clear of the Inconveniences which else will follow 4 An
which moved them to desire the Horse might be first Disbanded was of very special Importance and still inclineth them to continue the same expectation for those who are yet undisbanded but for the time past they rest satisfied in the answer and proceedings of your Excellency assuring themselves That though there was some difference in the way yet you fully agreed with them in the end which is to ease the Common-wealth and settle the publick Peace with as much expedition as may be for the more speedy effecting whereof there is already 23000 l. on the way and Order given for 27000 l. more to be sent with all speed and a Course taken by the House of Commons to quicken the payments of the Poll Money in the Nine Shires adjoyning to York and both Houses of Parliament have by an express Ordinance commanded the Sheriffs of eight other Counties to bring all their Money immediately to York whereby the House conceiveth and hopeth your Excellency will be supplied with Treasure sufficient to Disband the remainder of the Army at the time prescribed or sooner if it may be and that by your prudent and faithful effecting thereof the heavy burthen of Care and Pains which lies upon you in the discharge of this great Trust will be removed and shall end in the thanks and obligations of this House and of the whole Kingdom producing to your Excellency such an Increase of Honor and happiness as shall be suitable to your own Merit and the desires of Your Excellency's humble Servant Edward Littleton Custos Sigilli To stir up the City to lend more money the Commons fell upon the Debate of the Case of London-Derry and thereupon Mr. Whistler Reports from the Committee appointed to examin that matter the Case of London-Derry upon which it was 1 Resolved upon the Question Votes about London-Derry in Ireland That it is the Opinion of this House that the Citizens of London were sollicited and pressed to the under taking of the Plantation of London-Derry 2 Resolved c. That the Copy attested with Mr. Soams his Hand is a true Copy of the Sentence in the Star-Chamber given against the Mayor and Commonalty of the City of London and the Society of the Governor and Assistants of London of the new Plantation of Vlster in the Kingdom of Ireland 3 Resolved c. That the Order made in the Court of Star-Chamber Dated 8. May 8 Car. is unlawful both for the Matter Persons and time therein prefixed 4 Resolved c. That the King was not deceived in the Grant which he made unto the Society of Governors and Assistants of London of the new Plantation of Vlster in the Kingdom of Ireland in particular not in creating a new Corporation called the Society of the Governor and Assistants of London of the new Plantation of Vlster in the Kingdom of Ireland 5 Resolved c. That in creating the new Corporation of the Society of the Governor c. The King did not by that Patent grant more Lands then was by him intended to be granted nor was therein deceived 6 Resolved c. That it doth not appear by sufficient Proof that the Citizens of London were tyed to perform the Printed Articles and consequently not bound to plant with English and Scots nor restrained from planting with Natives 6 Resolved c. That though by the 27 Article the City was to build 200 Houses in Derry and 100 Houses at Colerain by the first Day of November 1611 admitting the Houses were not Built nor the Castle of Culmore repaired by the time prefixed yet this is no Crime nor cause for giving Damages in regard the City had not their Patent until the 29th of March 1613. 8 Resolved c. That there is no proof that the Governor and Assistants of London of the new Plantations or any of the twelve Companies did make any Lease unto any Popish Recusant nor of any decay of Religion there by default of the Planters 9 Resolved c. That there is no proof of any default in the Planters for not making of a sufficient number of Free-holders nor any Article that doth tye them thereunto 10 Resolved c. That there is no proof that the City of London or their Governor of the new Plantation have felled any Trees in the Woods called Glancanking and Killitrough contrary to their Covenant 11 Resolved c. That the not conveying of Glebe-Lands to the several Incumbents of the several Parish Churches in regard they did not enjoy the Lands is no Crime punishable nor cause of Seizure of their Lands 12 Resolved c. That the breach of Covenant if any such were is no sufficient cause to forfeit Lands 13 Resolved c. That the breach of Covenant is no Crime but Tryable in the ordinary Courts of Justice 14 Resolved c. That the Court of Star-Chamber whil'st it stood as a Court had not any power to examin or determin breach of Covenant or Trust 15 Resolved c. That the Court of Star-Chamber while it stood a Court had no power to examin Free-hold Inheritance 16 Resolved c. That the Sentence upon these two Corporations aggregate no particular Person being Guilty is against Law 17 Resolved c. That in all the proof of this cause there doth not appear matter sufficient to convince the City of London of any Crime 18 Resolved c. That upon the whole matter this Sentence in the Star-Chamber was unlawful and unjust 19 Resolved c. That this composition and agreement made with the City upon these Terms in this time of extremity ought not to bind the City 20 Resolved c. That this House is of Opinion that when the King shall be pleased to repay those Monies which he hath received upon this composition and such Rents as he hath received by colour of this Sentence that then His Majesty shall be restored to the same State he was in and the Patent thereupon gotten shall be cancelled or surrendred 21 Resolved c. That the Citizens of London and all those against whom the Judgment is given in the Scire facias shall be discharged of that Judgment 22 Resolved c. That the Opinion of this House is That they think fit that both the Citizens of London and those of the new Plantation and all under Tennants and all those put out of possession by the Sequestration or Kings Commissioners shall be restored to the same State they were in before the Sentence in the Star-Chamber The Plague which had for some time visited the City of London The Plague in London City Petition for a Fast began now to spread and increase upon which there was a Petition from the Magistrates Ministers and People of the City of London for a Day to be set apart for Solemn Humiliation and Fasting to implore the Divine Majesty to avert the impending Judgment of the Pestilence from the City and Nation This day it was moved Friday August 27.
auxi mesmes les Communes remercierment les seigneurs Espirituelx Temporelx de lour bon droiturell Jugment quils auoint fait come Piers du Parlement That the said Commons returned thanks to the Lords Temporal and Spiritual for the good and upright Judgment which they had made as Peers of Parliament In the 2 of H. 6 John Lord Talbot accused James Boteler Earl of Ormond Rot. Par. n. 9. 2 H. 6. in Parliament of sundry Treasons and the Record saith That De avisamento assensu Dominorum Spiritualium Temporalium ac Communitatis Regni Angliae in eodem Parliamento existent ' facta fuit quaedam Abolitio delationis nunciatonis Detectionis predict ' c. By the advice and consent of the Lords Spiritual and Temporal and the Commons of England there was made a certain abolition of the said Accusation Relation and Discovery From which Presidents it is evident that the Lords the Bishops did Sit and Debate Vote and Determin in Causes Capital as well as the other Temporal Lords The third Position is that they are a third Estate in Parliament Which is proved both by undeniable Reason and undoubted Presidents and Records That there are three Estates in the Parliament of England is a matter on all hands allowed But some Persons who would bring down the Soveraignty to a Coordinacy do affirm that the King is the third Estate the Lords making one and the Commons the other which dangerous Position as it doth submit the Monarchy to great hazzards so it gave occasion and colour to the taking away of the Peerage of the Bishops the third Estate notwithstanding their Exclusion being according to this principle left as Intire in the Lords House as it was upon the Exclusion of the Lord Abbots in the time of King Henry the Eighth Now that the King is not one of the three Estates and consequently that the Lords the Bishops must be so and were ever accounted so evidently appears by the Records of our Parliaments which are cited to this purpose as follows In the Parliament of 1. H. 4. By the Roll it appears that King Richard the Second appointed two Procurators to declare his Resignation of the Crown coram omnibus Statibus Regni before all the States of the Realm and one of the Articles against him was concerning his Impeachment of Thomas Arch-Bishop of Canterbury coram Rege omnibus Statibus Regni before the King and all the Estates of the Realm And who all these Estates of the Realm were it most fully appears in that the Commissioners for the Sentence of this unfortunate Kings deposition are said to be appointed Per Pares Proceres Regni Anglia Spirituales Temporales ejusdem Regni Communitates omnes status ejusdem Regni representantes By the Peers and Nobility of the Kingdom of England Spiritual and Temporal and the Commons of the same representing all the Estates of the said Realm So that First the Bishops are declared Peers of the Realm in Parliament Secondly The Estates of the Parliament are to represent all the Estates of the Kingdom Clergy Nobility and Commons Thirdly The three Estates in Parliament are the Lords Spiritual the Lords Temporal and the Commons of the Realm In the Roll of Parliament Rot. Parl. 1. R. 3. 1. R. 3. it is Recorded That whereas before his Coronation certain Articles were delivered unto him in the name of the three Estates of the Realm that is to say of the Lords Spiritual Lords Temporal and of the Commons by name c. Now forasmuch as neither the said three Estates neither the said Persons which in their name presented and delivered as it is aforesaid the said Roll unto our Soveraign Lord the King were Assembled in Form of Parliament divers doubts have been moved c. Now by the said three Estates Assembled in this present Parliament and by Authority of the same be ratified and Enrolled c. Upon which Record Mr. Prinn himself makes this Marginal Note The three Estates must concur to make a Parliament no one or two of them being a full or Real Parliament but all conjoyned In the 3. H. 6. it is said in the Record Prinn Abridgments of Records p. 710. 714. the three Estates Assembled in this present Parliament In the Explanation of the Duke of Bedford's Power as Protector It is said it was advised and appointed by the Authority of the King Assenting the three Estates of this Realm so that it is plain that the King was not then accounted one of them Rot. Par. 3. H. 6. n. 19. 6. H. 6. n. 24. In the 11. H. 6. The Duke of Bedford appeared in Parliament and declared the Reason of his coming coram Domino Rege tribus Statibus Regni before the King and the three Estates of the Realm 11. Hen. 6. n. 10. and n. 2. n. 2. N. 11. Domino Rege tribus Regni Statibus in presenti Parliamento Existentibus Our Lord the King and the three Estates in Parliament being present where the King is plainly distinct from the three Estates 11. H. 6. N. 2. The Lord Cromwell Lord Treasurer Exhibits a Petition in Parliament wherein he saith that the Estate and necessity of the King and of the Realm have been notified to the three Estates of the Land Assembled in Parliament In the Appendix to the Rolls of Parliament that Year the Duke of Bedford saith in his Petition to the King How that in your last Parliament yit lyked your Hyghness by yaduis of three Estates of yis Land to will me c. 23. H. 6. N. 11. Presente Domino Rege 23. H. 6. n. 11. tribus Statibus in presenti Parliamento Existentibus c. Our Lord the King being present and the three Estates in the present Parliament Assembled 28. H. 6. N. 9. Domino Rege 28. H. 6. n. 9. tribus Regni Statibus in pleno Parliamento comparentibus c. Our Lord the King and the three Estates in full Parliament appearing c. 1. H. 6. 1. H. 6. The Queen Dowager in her Petition mentioning the Ratification made in Parliament 9. H. 5. saith it was not only sworn by the King but by the three Estates of the Kingdom of England Cest assavoir Les Prelatz Nobles Grands per les Comuns de mesm le Royalm Dengleterre That is to say by the Prelats Nobles and Great Men and by the Commons of the said Realm of England And since the Reformation In the 8 of Eliz. 1. 8. Eliz. 1. The Bishops are in Parliament called one of the greatest States of this Realm From all which Instances it plainly appears First That there are three Estates in the Fundamental Constitution of every Parliament Secondly That there are three Estates besides the King and consequently that he cannot be one of the three Thirdly that the Lords Spiritual the Bishops are a Third Estate of the Realm in Parliament
in the Margin he calls Richard Belling R. B. a zealous Nuncionist Whereas though it is true that he was imployed by the Supreme Council to Rome and his Negotiation was the occasion of sending the Nuncio over into Ireland yet when he found the Nuncio and that Party to have other Designs then meerly the obtaining Liberty for their Religion as at first they pretended none were more zealous in opposing them then Mr. Belling or in promoting the Peace and submitting the Irish to the King's Authority he was one among others of the supreme Council who disavowed and appealed from the Sentence of Excommunication procured against the Lord Lieutenant and his Adherents as is evident by a Book which he wrote in answer to one published by French the Titular Bishop of Fernes written in Justification of the Rebellion and the aforesaid Excommunication Pag. 5th of the Preface he saith The Cessation was managed by subtile Instruments of State And because these Words are a little Mysterious p. 29th of the said Preface he Explains himself speaking his own Sentiments in the Language of Col. Crafford's Remonstrance where he hath this passage When I first enter'd on this History I propos'd to my self a Series of the Whole but prest with my own Affairs and matter increasing plentifully upon me I held it rational to Sum up the Whole after I had brought it to the Cessation which some * Col. Crafford's Remonstrance pag. 5. had an apprehension was not a less Plot to deliver the Remainder of his Majesties true Subjects into the Rebels hands and to root out the Protestant Religion Observe this passage then what was commenced the 23 of October 1641. But the Articles of that Cessation speak otherwise necessity being the Ground thereof legible in His Majesties Motives to a Cessation the 19th of September 1643. Which afterwards was highly Controverted and in the end so infeebled as the War according to the first intent was after the Long Parliament grasp'd all pursued with vigour and success The Regicides and Irish Papists might have sharper Swords but surely they had not blacker Ink then Dr. Borlase for either he thought that this passage Of some thought the Cessation a greater Plot against the Protestant Interest and Religion then that of the Irish Papists Octob. 23 1641 was either True or else the most malicious Compendium of Scandal that ever the Regicides or Irish Rebels endeavoured to fix upon His Majesty if he thought it false he should without mumbling the matter between the Teeth of so many Parentheses as he does where he seems to contradict it from His Majesties motives and the Articles I say he ought either not to have mentioned it at all or to have given it a lasting brand of Infamy For by this intolerable Reflection the Character of a worse Plot is put upon His Majesty then the execrable Irish Rebellion to betray the Protestants and their Religion since he himself in the 118 121 124 and 132 pages of his History produces His Majesties Letters to the then Marquess now Duke of Ormond and the Lords Justices Borlase and Tichburn expresly commanding the making of that Cessation for one year And I think to fix this upon the King exceeds even the Exit Tyrannus Regum Vltimus of the Rebels And therefore all along his History he makes some body or other still thinking this Cessation a great Plot against the Protestants and extolls the management of the Parliament who were against it after they had grasp'd all for vigorously and successfully prosecuting the War and indeed it is very suspicious that he both thinks and would have others think this Cessation a Real Plot and that he hath a great Kindness for the English Parliament Rebels appears by the Tenderness he expresses for them as in this Place as if they were in good earnest against the Irish Rebels and the King in good Earnest for them so also P. 135. where he hath these sweetning Words And indeed to give the Parliament their due when they had reduc'd the Affairs of England to their own Module the Rebels of Ireland were frequently Chastized and so affectionately pursued that neither Men Money or Courage was wanting to that Service Expressions so kind and tender that one is tempted to believe these were some of the Nameless Worthies he mentions in his Preface Pag. 25. It may be saith he some whose Excellency consists in Detraction will think by this I had a particular Design besides the History to preserve the Memory of * If these Some were not some of the Illustrious Parliament Regicides as Ireton Cromwell c. why does he not Name them some who otherwise in tract of time might be lost in the Common Rubbish and I dare not disown those Conjectures the deserving being to be in Everlasting Remembrance Nor hath it in all Ages and amongst the Worthiest Persons been esteemed Pride but Justice to Erect Memorials and Altars to Meriting Heroes And I think by this Passage he did not intend to put the Greatest Hero and Martyr into his Calender unless it be to Note him Nigro Carbone I shall have Occasion to satisfie the Reader more particularly when I come to the Vxbridge Treaty and the Papers which then passed betwixt the King and the Parliament in the mean time in short this was the true State of the Matter and then let the World judge what Ground Dr. Borlase hath to revive this black Scandal against his late Majesty and his Grace the Duke of Ormond The Reasons for making this Cessation were plainly the miserable Condition which that part of the English Army under the Command of the Marquiss of Ormond was reduced unto because neither he nor the Officers and Soldiers under his Command could be threatned or perswaded to favor the two Houses of Parliament in the War they made against the King whilest the Scotch Army were at the same time plentifully provided for so that those who would not be of their Party had no choice beside the Cessation but to forsake their Allegiance or Starve Besides the Parliament saw evidently That if a Cessation were concluded and a Peace should follow upon it the King would receive considerable Supplies of Men from Ireland which made them to save their own Heads forfeited to Justice so violently Oppose the Cessation thò they pretended other Reasons of Religion and Conscience under which Cloaks they covered the most Impious and daring Villainies which ever the Sun beheld I might produce other Passages but must desire the Readers Excuse for the present till they naturally fall in my Way but I cannot omit one more P. 304. where he hath these very Words And certainly whatsoever conspired to complete so execrable a Design as the Murther of the King nothing contributed more than the Irish deluding his Sacred Majesty so long with their Promises of a Competent Army whereby he relying on them too confidently Assured of their Ability and Power to perform it
of the Low-Countreys by Colonel O Neal who was sent after the Messenger sent by us formerly to the said Colonel was by him disappointed with his Answer to encourage us in our Resolution and to speedy Performance with assurance of Succour which he said would not fail of the Colonel's behalf and for the more certainty of help from him and to assure us that the Colonel had good hopes to procure Aid from others he said that it was he himself that was imployed from him to Cardinal Richelieu twice that some men who gave very fair promises to assure the Colonel's expectations with which he said that the said Colonel was really with himself assured of the Cardinal's Aid and that he was likewise commanded by the Colonel upon our Resolution of the day to give notice thereof to him and that he would be within 14 days over with them with Aid but he landed 9 or 10 days before and meeting with Captain Brian O Neal who made him acquainted with what was Resolved he did write all the matter to Colonel O Neal so as he was sure of his speedy coming And so that Evening he and I came to meet the other Gentlemen and there were met Mr. Moore Colonel Bourne Colonel Plunkett Captain Fox and other Lemster Gentlemen a Captain I think of the Bournes but I am not sure whether a Bourne or a Toole and Captain Brian O Neale and taking an account of those that should have been there it was found that Sir Phelim O Neale Mr. Collo mac Mahone did fail of sending their Men and Colonel Bourne did miss Sir Morgan Cavanagh that had promised him to be there but he said he was sure he would not fail to be that Night or the next Morning in Town And of the two hundred men that were appointed there were only eighty present yet notwithstanding they were resolved to go on in their Resolution and all the difference was at what time of the day they would set on the Castle and after some debate it was resolved in the Afternoon and the rather hoping to meet the Colonel there then for they said if they should take the Castle and be enforced by any extremity for not receiving timely succour out of the Country having them they could not want and so parted that Night but to meet in the Morning to see further what was to be done and immediately thereupon I came to my Chamber and about Nine of the Clock Mr. Moore and Captain Fox came to me and told me all was discovered and that the City was in Arms and the Gates were shut up and so departed from me And what became of them and of the rest I know not nor think that they escaped but how and at what time I do not know because I my self was taken that Morning But how long soever this Plot was contriving and how much soever the Parliament by their Papers Answers and Declarations indeavoured secretly to reflect upon the King and by the Mercenary Tongues and Pens of their Infamous Agents more openly that the Rebellion began by his Knowledge and Connivance and by that wicked Calumny laid all the Massacres and Murthers which they heightned to the utmost at His Majesties door thereby to dispossess him of the Allegiances and Affections of his Subjects yet it is more then probable the Rebellion would not have broke out then if ever had not the Committee of the Parliament of Ireland some of which were the Continuers of and Actors in it had too near a prospect of a Rupture between the King and the Two Houses and that it would inevitably and quickly come to a War for all other Circumstances in that Juncture threatned their unavoidable Ruine in the Attempt unless England and Scotland were Embroiled so as not to be able to suppress them as if it had not been for the succeeding Rebellion in England they could not but know would be very easily done and none but people mad and senseless would without such almost a certain prospect of the English Rebellion have been tempted to forfeit not only the Extraordinary Graces they had newly received from the King and the Indulgence afforded them in the Exercise of their Religion but their Lives and Fortunes also And for any hopes of Foreign Assistance the French and the Spaniard were at War and under all the Consequences of it necessity of Men and Money to supply their own Affairs and as the Reader may remember both the Ambassadors of those Princes were pressing both the King and Parliament for Men out of Ireland so far were they from supplying the Trish with any And for the Pope besides that he is never over liberal of the Temporal Treasure of the Church he was at a Distance too Remote and too impotent in Shipping to give them any Assistance indeed he might probably be very Prodigal of those cheap and useless Spiritual Treasures of the Church Indulgences Blessings Reliques and promises of Miracles in their Favour but had he imployed both the Swords and unlocked all the Treasures with St. Peter's Keys yet could he not without a real Miracle nay many have saved them from most unavoidable Ruine and Destruction had England and Scotland continued in Peace so that it will plainly appear that if not the Design yet the Execution of it at that time depended wholly upon the certain expectations of a Civil War and the Confusions that attend it which it was not difficult for the Irish Committees who were upon the Earl of Strafford's account very intimate with the Faction of the Parliament to discover and foresee And this is most certain that the Rebels of each side made great advantages of the Rebellion and as in probability the Irish had not then broke out but that they had the English Rebellion in view so the English Rebels made their first Levies of Men and Money with which they fought against the King under colour of suppressing the Irish Rebellion And this is most certain That had Ireland continued in Peace Scotland darest not have stirred as they did to give assistance to the English Rebels and indeed to give the Fatal Turn to the ballance of the War which then seemed to incline to the Royal Party and the great things Montross did there with a handful of Men easily shew what might have been done to the King's Assistance if Ireland had been in Peace So that if these Rebellions did not beget one another as 't is very probable they did 't is certain they fed and supported each others Flames and betwixt them burnt down both Church and State in these three miserable Kingdoms And that the Reader may see what the Irish Rebels said for themselves I have here subjoyned the Remonstrance which they published for their Vindication a Copy of which was procured from one Mr. Wentworth who had it from them while he was Prisoner among them and being Printed I find it among the Collection of the Prints of that
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
and Boats they have to Transport Men in and what Number of Men they are able to send over if need he and they find that they are able to Land a considerable number of Men in the North of Ireland and that with more speed and less charge then it can be done from any other part of the Kings Dominions and their Highlanders are conceived proper to fight with the Irish in their own Kind and Country amongst Hills and Boggs An Information was given in by one Col. Hunkes That two disbanded Troopers Moor and Mac-Miller had listed about 40 Men who were lodged near the Iron Gate of the Tower in St. Katharines and that one Bourk an Irish-man of Lincolns-Inn paid them 14 d. per diem that according to the Order of the House he had taken care to disarm them Whereupon Bourk being sent for and Examined confessed that he was an Irish-man and a Roman Catholique That he did this to advance his Fortunes being to Command them in the Service of the King of Spain against Portugal That he received Money from the Spanish Ambassador to pay them and that he did it upon the Order of the House of Commons dated the 26th of October last which gave Licence to Transport the disbanded Soldiers It appearing to the Lords that the Order did Expresly prohibit the Transporting of any of the Kings Subjects Natives of England or Ireland Bourk was committed to the Custody of the Gentleman Usher during the Pleasure of the House Moor and Mac-Miller were for a former misdemeanor in abusing the Lord General Sir John Conyers and assaulting and sending a Challenge to one Captain Trist committed before to Newgate Hereupon Order was sent to the Constable of the Tower to keep diligent Watch for the Safeguard of it The Justices of the Peace for Middlesex and the City of Westminster were also Ordered to make speedy and diligent search in and about the Suburbs of London and Westminster What Irish are residing in their several Jurisdictions and to cause their Names to be taken and return them into this House and to cause strong and good Guards to be set upon such as they find to be dangerous and suspected Persons untill the pleasure of this House be further known Directed To William Roberts John Hooker and Thomas Shepherd Justices of the Peace for Middlesex Upon the reading the Petition of the Bishops that are Impeached Council assigned to the Impeached Bishops shewing That the Councel that was assigned them by this House refuse to be of Council for them because they being Commoners are involved in all the Acts and Votes of the House of Commons Hereupon it was Ordered That Serjeant Jermin Mr. Hern Mr. Chute and Mr. Hales be sent for to give their Answers herein Order of the Lords to expel all Romish Recusants out of the Inns of Court and Chancery It was also this day Ordered by the Lords in Parliament That the Treasurers Recorders Readers and Benchers of the Societies of the four Inns of Court shall make or cause to be made diligent Search and Examination whether there be any Recusants of any Nation whatsoever admitted into their several Houses or into the Inns of Chancery belonging thereunto or live within the same Houses And if upon search any shall be found that they be forthwith dismissed and expelled out of the said Houses And it is further Ordered That no Romish Recusant shall hereafter be admitted into any the said Inns of Court or Inns of Chancery upon any pretences whatsoever Directed To the Treasurers Readers and Benchers of the Society of the Inner-Temple To the Treasurers c. of Grayes-Inn To the Treasurers c. of the Middle Temple To the Treasurers c. of Lincolns-Inn In the Commons House it was likewise Ordered Order of the Commons to tender the Oaths of Alleglance and Supremacy to Irish Recusants and others in the Inns of Court Order of the Commons to Examine all Irish endeavouring to pass over into Preland That the Oaths of Allegiance and Supremacy shall be tendred to the Irish Gentlemen and such others as are suspected for Recusants as are within the Inns of Court that are Students there and that the Lord Keeper shall be desired to award a Commission to that purpose to the Benchers of the several Inns of Court respectively It was also Ordered That all suspected Persons Irish and others that do endeavour to pass over into Ireland shall be Examined by the Mayor or other Officers of the several Ports where they endeavour to take Shipping upon such Instructions as they shall receive from this House and that the said Officers do tender unto all such persons the Oaths of Allegiance and Supremacy and to Convict such according to Law An Information was this day given in to the Commons against one Mr. Carter a School-Master at High-gate for words spoken by him Viz. Chamberlain an Informer That Mr. Carter said That they were mad that would read the Order of the House of Commons of the 8th of September concerning Innovations And for the Protestation there were none but fools had taken it Whereupon Mr. Green who was also present said he had taken it Carter replied It was for want of information and he would maintain that it was against Reason Justice and Law and whereas said he it is to maintain the Priviledge of Parliament no Justice of Peace nor Constable but had as much priviledge as they had And said further That it was against the King and State I answered him Are you wiser than two Kingdoms for the Scots have taken it likewise What do you talk said he of a Company of Rebels and Rascals the Parliament hath dishonoured the King and Kingdom by making a Peace with them Upon which complaint it was Ordered That Carter should immediately be taken into Custody by the Sergeant at Arms. By which passage the Reader may plainly see the Genius of those times and of those Men who verified the saying of the Poet Nec Hospes ab Hospite tutus No person could in common discourse have the freedom of conversation but was in danger of these Zealous Informers who made it their business to run with informations to the House of Commons against such as durst oppose their Votes and Arbitrary Orders Tuesday Novemb. 9. Serjeant Jermin Mr. Chute and Mr. Hales appeared this day before the Lords and declared themselves willing to be of Council with the Lords the Bishops in the Impeachment brought up from the House of Commons The Bishops to answer their Impeachment upon Friday November 12. as they were formerly assigned by the House Whereupon it was Ordered That the Bishops that are impeached shall put in their Answers to the said Impeachment on Friday Morning next and that the Bill concerning the Bishops Votes shall be deferred until then Upon report of the Lords Committees for the Irish Affairs Earl of Leicester scruples raising men without the Kings Commission that
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
therefore expect from his Majesty in a more larger and bountiful Manner then at other times A time of great Agitation and Action their State is ready by preparation to annoy us and ill and false Councils at home may quickly bring us to Ruin as we have weakness at home so we ought to decern the Actions abroad where great Provisions are made and a carelesness and improvidence herein when our Neighbours are so provided and have such great Fleets at Sea as will open a Way to suddain Ruin and Destruction before we can be prepared and therefore now the fittest time to move the King 6 The seventh and last Step is That this Alteration of Councils will bring great Advantages to the King in his own Designs In all our Actions our Prayers to God should be that his Name should be Glorified so our Petitions to his Majesty should bring Honor and Profit and Advantage to him by a discouragement to the Rebels a great part of their Confidence resting in the Evil Counsels at home as by the Examinations appeareth it will be a great Encouragement to the King 's good Subjects at home who hazzard their Lives and give Aid and Contribution to have things governed for the Publick Good it will make Men afraid to prefer Servants to the King that are ill Counsellors when they shall come to the Examination of the Parliament for many times Servants are preferred to Princes for advantage of Forreign States This will put an Answer into the King's Mouth against all Importunities that he is to prefer none but such as will be approved on by Parliament those that are Honorable and most Ingenious are aptest to be troubled in this kind and not to deny therefore the King may Answer he hath promised his Parliament not to admit of any but by Advice in Parliament this will Answer them all These are Domestick Advantages but it will also make us fitter to enter into Union and Treaty with Foreign Nations and States and to be made partakers of the Strength and Assistance of others It will fortifie us against the Designs of Foreign Princes there hath been common Council at Rome and in Spain to reduce us to Popery if good Counsel at Home we shall be the better prepared to preserve Peace and Union and better Respect from Abroad Lastly it will make us fit for any Noble Design Abroad Let us but turn the Tables and imagine this Speech spoken by some Loyal Gentleman against Mr. Pym and his Confederates and we shall find all those mischiefs and dangers from ill Counsels and Evil Counsellors the Alteration of Religion and Subversion of Laws the Encouragement of the Irish Rebellion the Impoverishment of the Nation the Loss of Liberty and Property the Ruin of the King and Kingdom to be the Natural Effects of their Consultations and Actions But in Order to accomplish their Wicked Designs the People must be affrighted with the danger of approaching Popery the present Government traduced with intentions of re-introducing it and the King must be Wounded through the Sides of the most Faithful of his Friends These were the Popular Arts by which after they had by repeated Flatteries Importunities and Promises obtained from the King those Fatal Concessions before mentioned they pursued their Design and by Arming those People whom they had deluded with the pretence of Religion and hurrying them on into Actual Rebellion they sought by Violence to obtain that which they could not do by Fraud and Flattery But to proceed After this an Order was read in the House of Lords made by the House of Commons Dated Nov. 9. 1641. That an Ordinance of Parliament may pass to engage the Honor Credit and Authority of both Houses of Parliament for the securing and repaying to the City the 50000 l. with Interest desired to be borrowed of them for the Occasions of Ireland and that a provisional Act shall pass with all Speed for repayment of the said Summ with Interest within six Months Next an Ordinance of Parliament was read concerning the Irish Affairs in haec verba viz. WHEREAS there is just Cause to conceive The Ordinance of Parliament prohibiting any Irish to pass out of England without License c. that diverse ill Affected Persons here being Natives or Inhabitants of Ireland do intend to pass over thither to joyn with the Rebels It is Ordained by the Lords and Commons in Parliament that no Irish Man shall pass out of any the Parts of this Kingdom to return into Ireland without special License of the Committees of both Houses for Irish Affairs or the Lords of his Majesties most Honorable Privy Council or of the Lord Lieutenant of Ireland It is further Ordered That no Arms Munition or Powder shall be transported without such License as is aforesaid It is likewise Ordeined by the said Lords and Commons That whereas upon the perusal of diverse Letters and other Intelligence here there is just Cause to suspect that diverse of his Majesties Subjects in Ireland had some Hand in the Conspiracy and Rebellions of the Irish That the Lord Lieutenant shall certifie from time to time during his Aboad in England into Ireland the Names of such suspected Persons and the the Grounds and Reasons of the Suspition and that thereupon the Lords Justices of Ireland and the rest of his Majesties Council there shall enter into Examination of the said Parties and shall have Power to commit them to Prison till the Truth may be fully discovered that so they may either be cleared if they be Innocent or if they be found Guilty they may be proceeded against according to the Laws And that this Ordinance of Parliament shall be a sufficient Warrant to the Lord Lieutenant Lords Justices and Council aforementioned The Lord Admiral then acquainted the House That he had Command and Directions from his Majesty to send some Ships for the Guuarding of the Irish Coasts and also some Ships to keep the Narrow Seas because his Majesty conceives that the Rebellion from Ireland is fomented from abroad and that they expect some Supply from Foreign Parts And his Lordship desires to have the Directions of the Parliament herein what to do Whereupon it was ordered to have a Conference with the Commons about it Divers Orders were read which were made by the House of Commons concerning the Irish Affairs to which they desired their Lordships concurrence that so they may be put in Execution That the Merchants Some Orders of the House of Commons concerning the Affairs of Ireland who have made the Proposition to their House of Transporting Spanish Money in specie into Ireland for the present Occasions of that Kingdom shall have Liberty to Transport so much only as the Lords and Commons in Parliament shall from time to time give them Order and Direction for paying it there as it passes by Proclamation and that all Sums so Transported shall be Registred in the Custom-House and that they shall bring Certificates
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
Reasons hereafter as they shall think fit The Lords Adjourned their House into a Committee during pleasure to Debate these Matters the Proposition concerning securing Recusants was deferred till the Commons brought up a List of the Particular Names of the Recusants they desired should be Secured When the other Proposition about the Isle of Wight came under Consideration the Earl of Portland affirmed That his Father lived and died a Protestant as he can make it appear by credible Witnesses that were with him when he died if his Wife be one it was against his Will and for himself his Lordship protested That his Father bred him a Protestant and he would ever live and die one Which giving good satisfaction to the House it was Ordered to be put in Writing and delivered at a Conference to the House of Commons Mr. William Crofts was Sworn and Ordered to be Examined before the Deputed Lords The Earl of Holland Reported Message from the Venetian Ambassador That the Venetian Ambassador had been with him and desired That the ill Expressions in his Paper may be Excused for he professes he meant nothing in derogation of any Member of this House but spoke it as what Reputation other States had of such an Action and that he further signified That he hath written a fair Letter to the State of Venice concerning the opening of his Letters which he hopes will satisfie them This day Wall upon his Petition was Released from the Fleet Wall released where he had been committed for neglecting to deliver the Order of the House to search for Priests and Jesuits but with this condition not to be admitted any more to the Service of the House Inquiry after the transporting of Horses It was Ordered in the Commons House That the Knights and Burgesses of the County of Kent and the Barons of the Cinque-Ports do forthwith send to the Officers that do register the Horses that are Transported beyond the Seas and to send up a List of the Number of them that have been Transported within these 12 Months and by what Warrant and by whom such Warrants were obtained Though Disloyalty to the King and Disobedience to the Church which rarely are seen asunder began now to be much in Fashion and Esteem and to depress the Prerogative and oppress the Church were accounted Great Recommendations for men to set up for Patriots of the Country and Reformers of Religion yet wanted there not some Brave Spirits who to their Eternal Reputation darest even in the face of the Breach indeavour to stop the Deluge of Schism and the Inundations of Errors which they apparently saw must overwhelm the Church upon throwing down the Banks of Episcopal Order and Government How Unwelcom these bold Truths were to the Faction appears by an Order of the House of Commons of this Day made purposely to discountenance Petitions of this Nature for maintaining the Church Government as by Law it was Established and to deterr others from attempting to give them any Interruption in their pretended Reformation Order to discourage Petitioners for Episcopacy Ordered That it be referred to the Committee for the Ministers Remonstrance to consider what indiscreet and irregular Wayes and Means have been Vsed to procure Hands to Petitions presented or to be presented for or against Episcopacy This latter clause or against was only for colour to make the other pass more fairly for it is Evident that they themselves were the Great Promoters of Petitions not only against that but for whatever they had a design to obtain as will hereafter upon occasion appear But upon this Occasion I cannot but present the Reader with a Petition which I find in a Collection of Petitions of the like Nature Printed by His Majesties particular Order which though it came from one of the smallest Counties of England yet had not the least Learning or Reason And if it received neither Countenance nor Answer it is not much to be wondred at being indeed Unanswerable The Petition was as follows To the High and Honorable Court of Parliament The Humble Petition of the Knights Esquires Gentlemen and Householders in the County of Rutland in behalf of our Selves and our Families And of the Parsons Vicars and Curates for the Clergy in behalf of themselves and their Families THat whereas there have been diverse Petitions exhibited to this Honorable Court The Rutland-Shire Petition for Episcopacy Nov. 18. 1641. by Persons disaffected to the present Government for the utter Extirpation of the Apostolical Government of the Church by Bishops they by Sedulity and Zeal supplying the want of fair Pretences for the Abolition of that which we hope no just Reason can Condemn And on the other side many Pious Persons true Sons of the Church of England have represented their just Desires of the continuance of it upon great and weighty Causes both in Divinity and true Policy We also lest We might seem unconcerned and for fear lest our Silence should be exacted as a Crime at our Hands if We be deficient to what We are persuaded is the Cause of God In pursuance of their pious Intendments and in allowance of their Reasons do also press to your great Tribunal to beg of you to do that which is the Honor of Kings to be Nutricii of the Church and her most Ancient and Successive Government We therefore humbly beg of you to leave us in that state the Apostles left the Church in That the Three Ages of Martyrs were governed by That the 13 Ages since them have always gloried in by their Succession of Bishops from the Apostles proving themselves members of the Catholique and Apostolick Church That our Laws have Established so many Kings and Parliaments have protected into which we were baptized as certainly Apostolical as the Observation of the Lords Day as the distinction of Books Apocryphal from Canonical as that such Books were written by such Evangelists and Apostles as the Consecration of the Eucharist by Presbyters as any thing which you will do by upholding the Government of the Church by Bishops which we again and again beg of you to do having Pity on our Consciences and not forcing us to seek Communion as yet we know not where So shall we be bound to pray with a Multiplyed Devotion for the increase of Publique and Personal Blessings to your Honorable Assembly to your Noble Persons We also do with all humility beg leave to represent these our Considerations subjoyned which we hope you will favourably Expound to be a well-meant Zeal and at least a Conscience of Duty and Charity to those our Fathers from whom we have received and daily hope to receive many issues of Spiritual Benedictions 1. We Consider That Christ either left his Church without a lasting Government or else Bishops and Presbyters under them are that Government the former we fear to say lest we might seem to accuse the Wisdom of the Father of Improvidence in the not providing
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
sway in all their determinations and if they be not prevented are likely to devour the rest or to turn them into their own nature In the beginning of his Majesties Reign the Party begun to revive and flourish again having been somewhat dampt by the breach with Spain in the last year of King James and by his Majesties Marriage with France the Interest and Counsels of that State being not so contrary to the good of Religion and the Prosperity of this Kingdom as those of Spain and the Papists of England having been ever more addicted to Spain then France yet they still retained a Purpose and Resolution to weaken the Protestant Parties in all Parts and even in France whereby to make way for the Change of Religion which they intended at Home The first Effect and Evidence of their Recovery and Strength was the dissolution of the Parliament at Oxford after there had been given two Subsidies to his Majesty and before they received Relief in any one Grievance many other more miserable Effects followed The loss of the Rochel Fleet by the help of our Shipping set forth and delivered over to the French in opposition to the Advice of Parliament which left that Town without Defence by Sea and made way not only to the loss of that important Place but likewise to the loss of all the Strength and Security of the Protestant Religion in France The diverting of his Majesties course of Wars from the West-Indies which was the most facile and hopeful way for this Kingdom to prevail against the Spaniard to an expenceful and unsuccessful Attempt upon Cales which was so ordered as if it had rather bin intended to make us weary of War then to prosper in it The precipitate breach with France by taking their Ships to a great value without making recompence to the English whose Goods were thereupon imbar'd and confiscate in that Kingdom The Peace with Spain without Consent of Parliament contrary to the promise of King James to both Houses whereby the Palatine Cause was deserted and left to Chargeable and Hopeless Treaties which for the most part were Managed by those who might justly be suspected to be no Friends to that Cause The charging of the Kingdom with Billeted Soldiers in all Parts of it and that Concomitant Design of German Horse that the Land might either submit with Fear or be inforced with Rigour to such Arbitrary Contributions as should be required of them The dissolving of the Parliament in the second Year of his Majesties Reign after a Declaration of their Intent to grant five Subsidies The exacting of the like proportion of five Subsidies after the Parliament dissolved by Commission of Loan and divers Gentlemen and others imprisoned for not yeilding to pay that Loan whereby many of them contracted such sicknesses as cost them their Lives Great Summs of Money required and raised by Privy Seals An unjust and pernicious attempt to extort great Payments from the Subject by way of Excise and a Commission issued under Seal to that purpose The Petition of Right which was granted in full Parliament blasted with an illegal Declaration to make it destructive to it self to the Power of Parliament to the Liberty of the Subject and to that purpose printed with it and the Petition made of no use but to shew the bold and presumptuous injustice of such Ministers as durst break the Laws and suppress the Liberties of the Kingdom after they had been so Solemnly and evidently declared Another Parliament dissolved 4 Car. the Privilege of Parliament broken by imprisoning divers Members of the House detaining them close Prisoners for many Months together without the Liberty of using Books Pen Ink or Paper denying them all the Comforts of Life all Means of preservation of Health not permitting their Wives to come unto them even in time of their Sickness And for the compleating of that Cruelty after Years spent in such miserable durance depriving them of the necessary means of Spiritual Consolation not suffering them to go abroad to enjoy God's Ordinances in God's House or God's Ministers to come to them to administer Comfort unto them in their private Chambers and to keep them still in this oppressed Condition not admitting them to be bailed according to Law yet vexing them with Informations in inferior Courts Sentencing and Fining some of them for Matters done in Parliament and Extorting the Payments of those Fines from them inforcing others to put in Security of good Behaviour before they could be released The Imprisonment of the rest which refused to be bound still continued which might have been perpetual if necessity had not the last year brought another Parliament to relieve them of whom one died by the cruelty and harshness of his Imprisonment which would admit of no relaxation notwithstanding the Imminent Danger of his Life did sufficiently appear by the Declaration of his Physician And his release or at least his refreshment was sought by many humble Petitions And his Blood still cryes either for Vengeance or Repentance of those Ministers of State who have at once obstructed the course both of his Majesties Justice and Mercy Upon the Dissolution of both these Parliaments untrue and scandalous Declarations Published to asperse their Proceedings and some of their Members unjustly to make them odious and colour the Violence which was used against them Proclamations set out to the same purpose and to the great dejecting of the hearts of the People forbidding them to speak of Parliaments After the Breach of Parliament in the fourth year of his Majesty Injustice Oppression and Violence broke in upon us without any restraint or moderation and yet the first project was the great Sums exacted thorough the whole Kingdom for default of Knighthood which seemed to have some colour and shadow of a Law yet if it be rightly examined by that obsolete Law which was pretended for it it would be found to be against all the Rules of Justice both in respect of the persons charged the proportion of the Fines demanded and the absurd and unreasonable manner of their Proceedings Tonnage and Poundage hath been received without colour or pretence of Law many other heavy impositions continued against Law and some so unreasonable that the sum of the Charge exceeds the value of the Goods The Book of Rates lately inhansed to a high proportion and such Merchants as would not submit to their Illegal and unreasonable Payments were vexed and oppressed above measure and the ordinary course of Justice the common Birth-right of the Subject of England wholly obstructed unto them And although all this was taken upon pretence of Guarding the Sea yet a new and unheard of Tax of Ship-money was devised upon the same pretence By both which there was charged upon the Subject near 700000 Pounds some years and yet the Merchants have been left so naked to the violence of the Turkish Pirates that many great Ships of value and thousands of his Majesties Subjects
out of the Kingdom some into New England and other parts of America others into Holland where they have transported their Manufactures of Cloth which is not only a loss by diminishing the present stock of the Kingdom but a great mischief by impairing and endangering the loss of that peculiar Trade of Cloathing which hath beâ—n a plentiful Fountain of Wealth and Honour to this Nation Those were fittest for Ecclesiastical preferment and soonest obtained it who were most officious in promoting superstition most virulent in railing against Godliness and Honesty The most Publick and Solemn Sermons before his Majesty were either to advance Prerogative above Law and decry the Property of the Subject or full of such kind of Invectives whereby they might make those odious who sought to maintain the Religion Laws and Liberties of the Kingdom and such Men were sure to be weeded out of the Commission of the Peace and out of all other Imployments of Power in the Government of the Country Many noble Personages were Counsellors in Name but the Power and Authority remained in a few of such as were most addicted to this Party whose Resolutions and Determinations were brought to the Table for Countenance and Execution and not for Debate and Deliberation and no Man could offer to oppose them without Disgrace and Hazard to himself Nay all those that did not wholly Concur and Actively Contribute to the furtherance of their Designs though otherwise Persons of never so great Honor and Abilities were so far from being Imployed in any Place of Trust and Power that they were Neglected Discountenanced and upon all Occasions Injured and Oppressed This Faction was grown to that Hight and Intireness of Power that now they began to think of Finishing their Work which confisted of these three Parts 1. The Government must be set free from all restraint of Laws concerning our Persons and States 2. There must be a Conjunction betwixt Papists and Protestants in Doctrine Discipline and Ceremonies only it must not yet be called Popery 3. The Puritans under which Name they include all those that desire to preserve the Laws and Liberties of the Kingdom and to maintain Religion in the Power of it must be either rooted out of the Kingdom with force or driven out with fear For the effecting of this it was thought necessary to reduce Scotland to such Popish Superstitions and Innovations as might make them apt to joyn with England in that great Change which was intended Whereupon new Canons and a new Liturgy were prest upon them and when they refused to admit of them an Army was raised to force them to it towards which the Clergy and the Papists were very forward in their Contribution The Scots likewise raised an Army for their Defence And when both Armies were come together and ready for a bloody Encounter His Majesties own gracious Disposition and the Councel of the English Nobility and dutiful Submission of the Scots did so far prevail against the Evil Counsel of others that a Pacification was made and His Majesty returned with Peace and much Honor to London The unexpected reconciliation was most acceptable to all the Kingdom except to the Malignant Party whereof the Archbishop and the Earl of Strafford being Heads they and their Faction begun to inveigh against the Peace and to aggravate the Proceeding of the States which so incensed his Majesty that he forthwith prepared again for War And such was their Confidence that having corrupted and distempered the whole Frame and Government of the Kingdom they did now hope to corrupt that which was the only Means to restore all to a right frame and temper again to which end they perswaded His Majesty to call a Parliament not to seek Counsel and Advice of them but to draw Countenance and Supply from them and engage the whole Kingdom in their Quarrel and in the mean time continued all their unjust Levies of Money resolving either to make the Parliament pliant to their Will and to establish Mischief by a Law or else to break it and with more Color to go on by Violence to take what they could not obtain by Consent The Ground alledged for the Justification of this War was this That the undutiful Demand of the Parliament of Scotland was a sufficient Reason for His Majesty to take Arms against them without hearing the Reason of those Demands And thereupon a new Army was prepared against them their Ships were seized in all Ports both of England and Ireland and at Sea their Petitions rejected their Commissioners refused Audience This whole Kingdom most miserably distempered with Levies of Men and Money and Imprisonments of those who denied to submit to those Levies The Earl of Strafford past into Ireland caused the Parliament there to declare against the Scots to give four Subsidies towards that War and to ingage themselves their Lives and Fortunes for the Prosecution of it and gave Directions for an Army of eight thousand Foot and one thousand Horse to be levied there which were for the most part Papists The Parliament met upon the thirteenth of April one Thousand six Hundred and Forty The Earl of Strafford and Archbishop of Canterbury with their Party so prevailed with His Majesty that the House of Commons was prest to yield to a Supply for maintenance of the War with Scotland before they had provided any Relief for the great and pressing Grievances of the People which being against the Fundamental Privilege and Proceeding of Parliament was yet in humble Respect to his Majesty so far admitted as that they agreed to take the Matter of Supply into Consideration and two several Days it was debated Twelve Subsidies were demanded for the release of Ship-Money alone A third Day was appointed for Conclusion when the Heads of that Party begun to fear the People might close with the King in satisfying his desire of Money But that withal they were like to blast their malicious Designs against Scotland finding them very much indisposed to give any Countenance to that War Thereupon they wickedly advised the King to break off the Parliament and to return to the Ways of Confusion in which their own evil Intentions were most like to prosper and succeed After the Parliament ended the Fifth of May one thousand six hundred and forty this Party grew so bold as to counsel the King to Supply Himself out of His Subjects States by his own Power at his own Will without their consent The very next day some Members of both Houses had their Studies and Cabinets yea their Pockets searched Another of them not long after was committed close Prisoner for not delivering some Petitions which he received by Authority of that House and if harsher Courses were intended as was reported it is very probable that the sickness of the Earl of Strafford and the Tumultuous rising in Southwark and about Lambeth were the Causes that such violent Intentions were not brought to Execution A false and scandalous
of Guns and Carriages and such like one Ingineer or two to attend our Army and that some hand-Mills be provided for the Companies in Marches 3. That Horses be provided for the Baggage of the Army and Train of Artillery and Carriages for Carriage of Bread and other Provisions for the Mouth and that to make Draggooners every 100 Men have 10 Horses appointed for them 4. That the Inhabitants of any Towns or Villages in any Province where our Army shall be for the Time be appointed to receive Orders from our Commanders and to bring in Victuals for Money in an Orderly Way as shall be directed by them with Provisions of Oats Hay and Straw and such other Necessaries and that when it shall be found for the good of the Service the Country People which are not levied in Regiments be ordained to rise and concur with our Troops and receive Commands and Directions from our Commanders 5. That the Troops of the Kingdom of Scotland go in the Way and Order of an Army under their own General and Subaltern Officers and that they have a Circle or Province appointed them which they shall fall upon and assail wherein they shall prosecute the War as in their own Judgment they shall think Expedient for the Honor of the King and Crown of England and that they have Power to give Conditions to Towns Castles and Persons which shall render and submit themselves as they shall find for the good of the Service wherein they are imployed which they shall oblige themselves faithfully to do and perform to the uttermost of their Power and shall be answerable to his Majesty and the Parliament of England for their whole deportment and Proceedings whereof they shall from time to time give them an Account That such Towns and Places as shall be recovered from the Rebels by our Army be at the disposing of our Commanders during their aboad there and when it shall please God that the Rebellion shall be suppressed in the Circle assigned to our Army they shall be ready to do Service in any other Place which shall be appointed to them And if it shall be found for the good of the Service that our Army joyn with the King's Lieutenant and his Army that our General shall only * * Give Place Cede to the King's Lieutenant of Ireland and receive in a Free and Honorable Way Instructions from him or in his absence from the Lord Deputy or any other who shall have the Government of that Kingdom by authority derived from the Crown of England and shall precede all others and only give Orders to the Officers of his own Army and that the Armies the Right and the Left hand Van and Rear Charge and Retreat successively and mix not in quartering nor marching And if it shall be found fit to send Troops out of either Army that the Persons to be sent out of our Army be appointed by their own General the Lieutenant of Ireland prescribing the Number which shall not Exceed the fourth part of our Army whereunto they shall return after the Service is done And that no Officers of Ours be commanded by one of his own Quality and if the Commanders of the Troops so sent out of either Army be of one Quality that they Command the Party by turns 6. That our Army be assured of three Months Pay to be put in the hands of the Treasurers and Commissaries appointed by us at their Rendezvouz in Ireland and that before that time expire there be a Months Pay put in their hands and so from Month to Month and that in this our Brethren of England may be put to no more charge then is just and necessary and that it may appear that we offer our Assistance for Love only We do desire that there may be a Muster-Master appointed to make strict and frequent Muster of our Troops and that their ways bâ—â—â— looked unto that they make no such unlawful advantages 7. Seeing we have voluntarily and freely made offer of our Forces to this Service and to transport them to Ireland upon our own Charges and will be subject to all Hazards which may follow thereupon and will have the same Friends and Enemies with England in this Employment and must therein stand and fall with them We expect and desire that the King and State of England will take us into the same consideration and Reward our Service with the like Honours Recompences and Plantations as they shall do the English or Irish who shall deserve well in this Business for if we shall with the Hazard of our Lives do good Service to his Majesty and the Crown of England it is most agreeable to Reason that we be sharers of the Fruits of our Pains the persons so rewarded being always tyed to the same Conditions and being subject to his Majesty and Crown of England as the English are and shall be Sic Subscribitur Ja. Primrose Whereupon it was Ordered Letters from Ireland That the Propositions be debated to Morrow Then Letters from the Lords Justices of Ireland were read the Contents whereof was That they understand that there are Ships laden with Armes and Ammunition at Dunkirk to be carried to the Rebels in Ireland and that the Rebels are on both sides of Tredagh which makes that Town in great want for Victuals The Lord Admiral acquainted also the House that he had received Information of 4 Ships that are at Dunkirk with Arms and that Men are providing there to be Shipped for Ireland Whereupon it was Ordered That his Lordship be desired by the next Pacquet-Boat that goes for those parts to send over some discreet Man to give true Information of the Preparations there The Commons having by a Message acquainted the Lords that they are willing to joyn with them in searching into the business about the Lord Newport and to Petition his Majesty to discover who informed him the Lords resolved to joyn with them in it and the Lords appointed to draw heads for the Conference were appointed to joyn with a proportionate number of Commons to make a draught of a Petition to be presented to his Majesty about this Business The Gentleman Usher was sent again to the People gathered together about the Parliament Houses Tumults and was to let them know That this House dislikes their coming in such Multitudes and Commands them to be gone and if they have received injury or hurt by any body if they represent their Names to this House their Lordships will see that Justice be done But this would not do the Lords were no terror to them so long as they were assured of the favour of the Factious Party of the Commons A Message was therefore sent to the Commons for a Conference concerning the Tumults upon these Heads 1. To desire the House of Commons to joyn with this House in a Declaration to be Printed and Published of their dislike of the Assembling of the People in such Companies
to support you to our powers in all that shall be just Then some cryed out But what shall they do for the Brethren that were Committed by my Lord Major and at Westminster before they shall suffer we will spend all our lives The Captain made answer That for those that were Committed at Westminster he and another was appointed by the House to release them all and we did so the same night before we came from Westminster And if my Lord Major hath committed any I will warrant you if you will be quiet and take my word they shall be released every one And as soon as I have refreshed my self I will go to my Lord Major and have them discharged but do you by no means go but return home So they cryed Home Home Home with a mighty noise Then the Major part went away but some of them remained there which would not be satisfied but went down to the Counter in Woodstreet where they were withstood by the Officers thereto belonging with Swords and half Pikes but some rusht in upon them and got away one of the half Pikes from one of them and then went up into Cheap-side again but could not rest satisfied but down they went again and the door being shut against them they brake it and brake the Windows After this the Keeper of the Counter let some of them come in and search for them in every Ward and questioned the Prisoners whether there was any or no but they found none there And therefore went away There are many Voluntiers agoing out but it is to be feared that there are many of them Papists who will be more ready to help the Papists against the King then the King against the Papists But I hope the Lord will defeat their designs and bring their evil ways upon their own heads if there be any that seeks the distruction of the Land Ireland is in a very bad estate and in much fear and trouble of the loss of Dublin but there is yet hopes if there be but present help and aid against the Rebels which is the desire of all true Subjects the going forward of the happy design Thus Courteous Reader you have had the full occurrant of the passages and in what a miserable estate we are brought unto by Papists and Atheists who swarm like the Frogs of Egypt over the whole Land and not likely to be swept away till the Lord in Mercy to his People sweep them into the Red-Sea of their own Blood into the depth of which the Lord bring all the Enemies of his Gospel And so I salute you with kind farewel The Lewdness and Licence of the times was certainly great and among all the Arts which wrought upon the inferior sorts of People none did more mischief then the Liberty of the Press from whence whole swarms of Venomous Pamphlets Calculated exactly to the low and sordid Capacities of the Vulgar flew about the City and Country and did strangely exasperate them especially against the Bishops and the King for favouring of them I do not intend to trouble the Reader with many of these foolish but mischievous Papers but I hope I shall be pardoned if among such a heap of useful Collections there happen to be gathered a little Chaff and yet I cannot think even some such Papers wholly unuseful which will contribute to give the World a true Character of all the little Arts as well as great ones of those Men and Times and to shew what an Excellent Talent some People who affected to be thought the truest of Protestants the Godly and Well-affected Party had in lying and slandering I will therefore present the Reader with a choice piece of Poetry made for a New-years-Gift for the Bishops upon their misfortune of being committed to the Tower It wears a Title which has been tied to many a lewd Libel and is Yâ—leped Vox Populi in plain English I. IN City and Country throughout the whole Land A Lewd Ballad against the Bishops and Common-Prayer The minds of the multitude divers ways stand There 's some that endeavour with might and with main To set the proud Prelates on Horse-back again That they may make Canons and send out their Oath To stablish their Power and dish out their * * So the Sectaries call the Liturgy by way of derision Broth. II. Of this Rank there 's many in every place The which were created by little Laud 's Grace Who since are grown lofty and now like to fall Which makes them through anguish aloud for to call To Papists and Atheists and all such as doth Love lazy proud Prelates and Luke-warm Broth. III. Those Fat-belly'd Priests that have Livings great store If Bishops go down they shall never have more Their Journey-men Readers likewise are afraid That they must be forc'd to give over their Trade And wear Leather Garments instead of black Cloth Which makes them love Bishops and Luke-warm Broth. IV. And great Men would never be counted such fools As to send their Children for learning to Schools But that they hoped in process of time That they to the Throne of a Bishop might climb And there Domineer which fills them with wroth Against such as love neither Bishops nor Broth. V. Another sort likewise must not be forgotten Who in their main Principles seems to be rotten Supposing that Heaven stands open to all That tend on their Pray'rs when the Saints Bell doth call Where instead of substance there 's nothing but froth Much like the proud Prelates so is this their Broth. VI. All these do indeavour as much as they may To back the base Bishops from day unto day The Papists assist them and rather then fail The Devil will help them that he may prevail It makes for his Kingdom to stand for them both I mean the proud Prelates and their Common Broth. VII Against this rude Regiment there doth appear Some Troops of couragious hearts that will not fear T' incounter this Rabble in mischief profound * * The Streets rung again with these Gries Hark how they cry down with them down to the Ground The Papists and Prelates away with them both For we will have none of them nor of their Broth. VIII And these are no base ones as some do suggest But of the King's Subjects indeed are the best Endeavouring the good both of Kingdom and State Whatever Baal 's Priests and proud Prelates do prate Who for the love which they bear unto sloth Do labour to hold up their Luke-warm Broth. IX Then let all good People take Courage indeed So that they from Anti-Christs Yoak may be freed And seeing that Libertie's gain'd by the Scots Let English-men seek for 't it may be their Lotts Then joyn hands together and fear not their wrath But cry down the Prelates and spew out their Broth. X. Their pride and presumption must needs have a fall Their wicked devices for Judgment doth call Their hatred of
Holiness and love of Sin Will work their destruction which now doth begin Their Curbing the Gospel will kill their own growth Go Toll the Bell for them and eke for their Broth. Nor were they who pretended to be Poets on the other side idle but pelted them with Rolands much like the others Olivers I will give the Reader but Two or Three Stanza's of a Litany month January 1641. lest I surfeit him of this sort of Mechanick Wit which yet wanted not Truth From all dissembling Sep'ratists and those That snuffle their unlearned Zeal in Prose As if the way to Heaven was through the Nose Libera nos c. From those that dare work ill in every Season And are so far from Sanctity or Reason They dare believe there 's Piety in Treason Libera nos c. From them which nothing but false Rumors Rear And likewise those which lend such Men an Ear Who publish for a Truth all which they hear Libera nos c. From those indiff'rent Men that know no Guide Who are from their Allegiance so wide That come what will they 'l take the strongest side Libera nos c. But the number of the Malicious and Seditious Pamphlets did far exceed those that had any thing honest in them And how trivial soever such things may appear yet it is incredible what mischief they do and what Impressions they make upon the credulous Vulgar and it may be a piece of Policy not misbecoming the wisest States-men to obviate such Arts as seeming little yet are of such universal dangerous influence upon the lower Ranks of People whose hands act those mischiefs which the more cunning heads of the Faction contrive and I know not any one thing that more hurt the late King then the Paper Bullets of the Press it was the Scandalous and Calumniating Ink of the Faction that from thence blackned him and represented all his Words and Actions to the misguided People who would difficultly have been perswaded to such a horrid Rebellion if they had not been first prepossessed by the Tongues and the Pens of the Faction of strange and monstrous Designs which they said the King and his evil Councellors the Bishops and Malignants who were all by these Pamphlets stiled Papists and Atheists had against their Lives Liberties and Religion But I crave the Reader 's pardon for this seeming digression and now let us pursue our Voyage through this Tempestuous New Year The King that the whole World might see how sollicitous he was in every thing for the deplorable State of Ireland which the Faction were so far from relieving in good earnest that they were angry at the beating up of Drums for Volunteers for that Service issued out his Royal Proclamation for the suppressing of those Rebels as follows By the KING A Proclamation for the suppressing the Rebellion in Ireland Jan. 1. 1641. WHereas divers lewd and wicked Persons have of late risen in Rebellion in Our Kingdom of Ireland surprized divers of Our Forts and Castles possessed themselves thereof surprized some of Our Garrisons possessed themselves of some of Our Magazins and Munition dispossessed many of Our Good and Loyal Subjects of the British Nation and Protestants of their Houses and Lands robbed and spoiled many thousands of Out good Subjects of the British Nation and Protestants of their Goods to great Values Massacred Multitudes of them imprisoned many others and some who have the Honor to serve Vs as privy Counsellors of that Our Kingdom We therefore having taken the same into Our Royal consideration and abhorring the wicked Disloyaity and horrible Acts committed by those Persons do hereby not only declare Out just Indignation thereof but also do declare them and their Adherents and Abettors and all those who shall hereafter joyn with them or commit the like Acts on any of Our good Subjects in that Kingdom to be Rebels and Traitors against Out Royal Person and Enemies to Our Royal Trown of England and Ireland And We do hereby strictly Charge and Command all those Persons who have so presumed to rise in Arms against Vs and Our Royal Authority which We cannot otherwise interpret then Acts of High Rebellion and detestable Disloyalty when therein they spoil and destroy Out good and loyal Subjects of the British Nation and Protestants that they do immediately lay down their Arms and forbear all further Acts of Hostility wherein if they fail We do let them know That We have Authorized Our Iustices of Ireland and other Our Chief Governor or Governors and General or Lieutenant General of Our Army there and do hereby accordingly require and authorize them and every of them to prosecute the said Rebels and Traitors with Fire and Sword as Persons who by their high Dissoyalty against Vs their Lawful and undoubted King and Sovereign have made themfewes unworthy of any Mercy or Favour wherein Our said Iustices or other Chief Governor or Governors and General or Lieutenant General of Our said Army shall be countenanc'd and supported by Vs and by Our powerful Succors of Our good Subjects of England and Scotland that so they may reduce to Obedience those wicked Disturbers of that Peace which by the blessing of God that Kingdom hath so long and so happily injoyed under the Government of Our Royal Father and Vs and this Our Royal Pleasure We do hereby require Our Iustices or other Chief Governor or Governors of that Our Kingdom of Ireland to cause to be publish't and Proclaimed in and throughout Our said Kingdom of Ireland Given under Our Signet at Our Palace at Westminster the first day of January in the Seventeenth Year of Our Reign 1641. God save the King The King at his last being in Scotland Munday January 3. had gained Informations there of the secret Intrigues of the Faction and their Contrivances to promote the Scottish Invasion and Rebellion and that they were Meditaâ—ing the same Course in England And therefore this day the Lord Keeper Signified to the House of Lords That he was commanded by the King to let their Lordships know that his Majesty hath given Mr. Attorney General Command to Acquaint their Lordships with some Particulars from him Hereupon Mr. Attorney standing at the Clerks Table said That the King had Commanded him to tell their Lordships that divers Great and Treasonable Designs and Practices against him and the State have come to his Majesties knowledge for which the King hath given him Command in his Name to Accuse And did Accuse six Persons of High Treason and other High Misdemeanors by delivery of the Articles in Writing which he had in his hand which he received from his Majesty and was Commanded to desire your Lordships to have it read In which Articles the Persons Names and the Heads of the Treason were contained Which Articles were Commanded to be read and were in these words Articles of High Treason and other High Misdemeanors against the Lord Kymbolton Mr. Denzil Hollis Sir Arthur Hasterigg
by the King with the whole consent of his Parliament And in this I observe a twofold Subjection in the particular Members thereof dissenting from the General Votes of the whole Parliament And 2ly the whole state of the Kingdom to a full Parliament First I confess If any particular Member of a Parliament although his Judgment and Vote be contrary do not willingly submit to the rest he is an ill Subject to the King and Country Secondly To resist the Ordinance of the whole State of the Kingdom either by stirring up a dislike in the Hearts of his Majesties Subjects of the Proceedings of the Parliament to endeavour by levying of Arms to compel the King and Parliament to make such Laws as seem best to them to deny the Power Authority and Priviledges of Parliament to cast Aspersions upon the same and Proceedings thereby inducing the King to think ill of the same and to be incensed against the same to procure the untimely Dissolution and Breaking off of the Parliament before all things be settled by the same for the Safety and Tranquillity both of King and State is an apparent sign of a Trayterous and Disloyal Subject against his King and Country And thus having troubled your Patience in shewing the difference between true Protestants and false Loyal Subjects and Traytors in a State or Kingdom and the means how to discern them I humbly desire my Actions may be compared with either both as I am a Subject Protestant and Native in this Country and as I am a Member of this present and happy Parliament and as I shall be found guilty upon these Articles Exhibited against my self and the other Gentlemen either a bad or a good Subject to my Gracious Soveraign and Native Country to receive such Sentence upon the same as by this Honourable House shall be conceived to agree with Law and Justice It is prodigious to see with what Confidence some Persons durst appeal to God and Man and certainly ex ore tuo may most truly be applied to this unhappy Gentleman who by his future Actions upon his own declared Principles proved himself to be that ill and disloyal Subject whom he doth here take such Pains to delineate nor is it less remarkable that as he was one of the first who was in Actual Hostility against the King so contrary to his own avowed Declaration here so was he one of the first who fell in that unnatural Rebellion receiving his mortal Wound in a Skirmish near Chinner in Bucks upon the same Turf where he had assembled the County to frame those Petitions which first led the Nation into Sedition and afterwards into down right Rebellion from whence Posterity may learn what little Credit is to be given to the deepest Protestations of Loyalty and Asseverations of Innocence of such Persons whose Guilt has driven to dispair of any other Security from the Punishment of their ill Actions but what is to be hoped from doing Worse and that the Professions of Loyalty in such Cases are but purely to palliate and hide their Guilt from the view of the World and to avoid the horrid Imputation of Treason a Crime which because it is naturally destructive of humane Society is universally the hatred of Mankind Mr. Brown who was one of those sent to the Gentlemen of the Inns of Court Reports from the Gentlemen of Lincolns-Inn That they went to the Court first upon a general Report that his Majesties Person was in danger This Afternoon his Majesty came in Person to the House of Commons and having Seated himself in the Speaker's Chair he spake as followeth Gentlemen I Am sorry for this occasion of coming unto you The King's Speech in the House of Commons concerning the five Members Jan. 4 1641. Yesterday I sent a Serjeant at Arms upon a very important occasion to apprehend some that by My Command were Accused of High Treason whereunto I did expect Obedience and not a Message And I must declare unto you here That albeit no King that ever was in England shall be more careful of your Priviledges to maintain them to the utmost of His Power then I shall be yet you must know that in Cases of Treason no Person hath a Priviledge And therefore I am come to know if any of those Persons that were Accused are here For I must tell you Gentlemen That so long as those Persons that I have Accused for no slight Crime but for Treason are here I cannot expect that this House can be in the right way that I do heartily wish it Therefore I am come to tell you that I must have them wheresoever I find them Well since I see all the Birds are flown I do expect from you that you shall send them unto Me as soon as they return hither But I assure you in the Word of a King I never did intend any force but shall proceed against them in a Legal and fair way for I never meant any other And now since I see I cannot do what I came for I think this no unfit occasion to repeat what I have said formerly That whatsoever I have done in favour and to the good of My Subjects I do mean to maintain it I will trouble you no more but tell you I do expect as soon as they do come to the House you will send them to Me otherwise I must take My Own course to find them So soon as his Majesty was gone the Faction in the House was all in a flame and after the heats were a little over it was Resolved upon the Question That this House shall Adjourn it self till to morrow at One of the Clock There was not any one Action of which the Faction made greater advantage then this of his Majesties coming to the House in Person to demand the five Members the Faction blew the whole Nation into a blaze with their Out-cries upon it and it did not escape odd Interpretations even from those who professed themselves his Friends It is but just therefore that we should hear his Justification which I cannot give the Reader better then from his own Incomparable Pen. Which therefore take as follows MY going to the House of Commons to demand Justice upon the five Members 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon his Majesties going to the H. of Commons to demand the five Members was an Act which my Enemies loaded with all the Obloquies and Exasperations they could it filled indifferent Men with Jealousies and Fears yea and many of my Friends resented it as a Motion rising rather from Passion then Reason and not guided with such discretion as the touchiness of those times required But these Men knew not the just Motives and pregnant Grounds with which I thought my self so furnished that there needed nothing to such Evidence as I could have produced against those I charged save only a free and Legal Tryal which was all I desired Nor had I any Temptation of displeasure or revenge
Whether he doth know or have heard who did Frame Contrive or advise the same or any of them To this he answered That he would deal clearly freely and Ingeniously and that he should say the same which he had before delivered to the Lords and should need no long time to answer this for that he had done none of these three that is neither Framed Advised these Articles or any of them and would be contented to die if he hid Secondly Being demanded whether he knew the truth of these Articles or any of them of his own knowledge or had it by Information To this he Answered He did know nothing of his own knowledge of the truth of these Artitles or any part of them nor hath heard it by Information All that ever he hath heard concerning this was from his Master Thirdly Being asked whether he will make good these Articles when he shall be thereunto called in due course of Law To this he Answered He cannot do it nor will not do it otherwise then as his Master shall Command him and shall Enable him no more then he that never heard of them can do it Fourthly Being asked from whom he received these Articles and by whose direction and advice he did Exhibit them He answered He did Exhibit them by his Masters Command and from his hands he did receive them Fifthly Being asked whether he had any Testimony or Proof of the Articles before the Exhibiting of them He gave this Answer That he received the Command of his Majesty but whether he had any proof then offered or intimation of Testimony to make good those Articles he desired time to consider of it he was pressed again to make answer to this but desired time to consider of it saying there was a secret trust between a Master and Servant much more in this Case The great Design of this Examination was to have got out who were the Witnesses of this Accusation that so they might have fallen upon them and worried them to death and though nothing was more justifiable then this Plea of Secrecy to which Mr. Attorney was obliged by his Oath from which they could have no power to Absolve him Yet it did so Exasperate the Faction that it was Ordered That some way be thought of for Charging Mr. Attorney by this House as Criminous for Exhibiting those Articles in the Lords House against Members of this House without any Information or proof that appears and that this House and the Gentlemen Charged by him may have Reparation from him and that he may put in good Security to stand to the Judgement of Parliament And it was Resolved Votes against the Attorney General c. That this Act of Mr. Attorney 's in this Impeachment against Members of this House is Illegal and a High Crime Resolved c. That the Lords shall be desired That Mr. Attorney may put in good Security to stand to the Judgement of Parliament And Mr. Whitlock Serjeant Wild Mr. Hill Mr. Glyn Mr. Brown Mr. Rigby and Mr. Buller were appointed a Committee they or any three of them to withdraw presently and prepare a Charge against Mr. Attorney upon the Votes of the House And that Posterity may see how Zealous these People after all their pretensions were for the Relief of Ireland Collonel Hill and Lieutenant Bowles Delinquents for raising Volunteers for Ireland It was Resolved c. and Ordered That Collonel Hill and Robert Bowles his Lieutenant shall be forthwith sent for as Delinquents by the Serjeant at Arms attending on this House for beating up Drums and raising of Men contrary to the Ordinance of Parliament And that all Constables and other Officers be assisting to the Serjeant in the Execution of his Warrant And that Mr. Whistler Mr. Pury Mr. Smith and Mr. Hill shall search in such Offices as they shall think fit to see if any Commissions or other Warrants have been granted to any Person or Persons for Levying of Men. A Paper was delivered by Mr. Hambden from the Scotch Commissioners which was read in these words OUr Treaty concerning the Irish Affairs being so oft interrupted by the Emergent Distractions A Paper of the Scotch Commissioners offering their Mediation to the King c. gives us occasion to desire your Lordships and those Noble Gentlemen of the House of Commons for to present to the Honourable Houses of Parliament that we having taken to our Consideration the manifold Obligations of the Kingdom of Scotland to our Native and Gracious Soveraign his Person and Government confirmed and multiplyed by the great and Recent Favours bestowed by his Majesty on that Kingdom at his last being there and settling the troubles thereof and considering the mutual Interest of the Kingdoms in Welfare and Prosperity of others acknowledged and Established in the late Treaty And finding our selves warranted and obliged by all means to labour to keep a right Understanding betwixt the Kings Majesty and his People to confirm that Brotherly affection begun between the two Nations to advance their Unity by all such ways as may tend to the Glory of God and Peace of the Church and State of both Kingdoms to render thanks to the Parliament of England for their assistance given to the Kingdom of Scotland in settling the late Troubles thereof wherein next to the Providence of God and the Kings Majesties Justice and Goodness they do acknowledge themselves most beholding to the Mediation and Brotherly kindness of the Kingdom of England and likewise to proffer our selves for removing all Jealousies and mistakings which may arise betwixt the Kings Majesty and this Kingdom and our best indeavours for the better Establishment of the Affairs and quiet of the same We do therefore in the name of the Parliament and Kingdom of Scotland acknowledge our selves next to the Providence of God and his Majesties Justice and Goodness most beholding to the Mediation and Brotherly kindness of the Kingdom of England in many respects especially in condescending to the Kings Majesties coming to Scotland in the midst of their great Affairs whereof we have tasted the sweet and comfortable Fruits and do heartily wish the like happiness to this Kingdom And as we are heartily sorry to find our Hopes thereof deferred by the present distractions growing daily here to a greater height and out of the sense thereof have taken the Boldness to send our humble and faithful advice to the Kings most Excellent Majesty for remedying of the same to the just satisfaction of his People so out of our duty to his Majesty and to testifie our Brotherly Affection to this Kingdom and acquit our selves of the Trust Imposed upon us We do most Earnestly beseech the most Honourable Houses in the deep of their Wisdoms to think timously upon the Fairest and Fittest Ways of Composing all present differences to the Glory of God the good of the Church and State of both Kingdoms and to his Majesties Honour and Contentment Wherein if our
Authors of our miseries is the Bishops and their Adherents favourers of the Romish and Arminian faction that have with a high hand and stretched out Arm in their several places of Power and Jurisdiction both spiritual and temporal exercised crueâ—â—â— and tyranny over the Children and Saints of God binding the Consciences of free Subjects only to their opinions and commands in the Exercise of their Religion with extremity and greatest severity inflicting punishment upon those of tender Consciences that shall refuse the same enjoyning all of the Clergy under their Authority to teach only such things as may serve only to the defence and maintenance of their devised doctrines and Tenents of their superiours preaching the same out of Fear not Conscience these corrupt Bishops Lords over their brethren and fellow servants in the Administration of the Mysteries of Salvation have been the prime Authors of all the troubles we are now incumbred withal I speak not Master Speaker altogether against their persons but even their Offices and Places of authority as now they are used contrary to the true intent of the Apostles in the first admitting of the ordination of Bishops in these particulars as I under favour conceive First their denomination and style Lord Bishops we find not any where allowed nay not named in Scripture Secondly they joyn not with their authority teaching and constant preaching of the word of God warranted by the same but separated contrary thereto Thirdly joyning with their Spiritual Power temporal Jurisdiction usurping to themselves the only Office of the Magistrate Fourthly procuring to themselves places of Judicature chief Judges in great Courts as their High Commission late Star-Chamber and the like which are all contrary to the rules and ordinances of Divine-Writ We cannot otherwise conceive or expect as long as their Offices thus corrupted remain without limitation or correction that ever there will be true Religion setled in this Land or any peace or unity of hearts and affections in this Kingdom being too apparent to all the world that from age to age since the Prelates have had such power and command in the Common-Wealth they have bin either the roots and founders or Actors and Competitors with others of all the divisions and dissentions that have ever been in this Kingdom either between the Prince and his People or between the Prince and his Parliaments and still such persons of perverse Spirits possess such Offices Secondly I come to shew you these their practises how they have and still endeavour to bring to pass their wicked designs they are known already I verily believe both to you and almost all men that is * * Most notorious falshood by Innovating Religion joyning with the Church of Rome approving as well of the Doctrine as Ceremonies thereof endeavouring to bring all others into the same opinion with them especially the Lords and Grandees of this Kingdom to perfect this they raise divisions between the King and his Subjects between King and Parliament between Lords and Commons and between the Commons themselves to raise Mutinies Insurrections Rebellions amongst his Majesties good Subjects open Wars between his Majesties Kingdomes one against another and all under pretence of the Religion to defend the Office Power and Jurisdiction of Bishops above all others yea that their Spiritual power is above the Kings in Ecclesiastical causes and the like all which we have had woeful experience of Thirdly and lastly the means whereby we may remedy these evils is First to regulate and rectifie their unlawful and usurped Power and Jurisdictio and settle such a form of Government in Religion as shall seem to the Wisdom of this House to come nearest the Word of God And Secondly with all speed as we possibly can upon Triall bring to deserved punishment these Prelates and Bishops that have been the only Authors of all our miseries Thus did these Vultures and Harpies accuse the innocent Doves upon whom they intended to prey and Quarry but God be praised We have found though by woful Experience who were the Occasions of all those dreadful Miseries those Wars and Bloodshed that Tyranny and Usurpation under which the Nation so long groaned which from the Day that it saw the Bishops excluded from the Execution of their Function and from their Right never saw one happy Day till by the Miracle of Providence they were by the Restauration of the Illustrious Son of the Glorious Martyr repossessed of their Office and Rights Then Sir Philip Stapleton Reported the Paper of Thanks to be returned to the Scots Commissioners which was in these Words The House of Commons having considered The Thanks of the House of Commons to the Scots Commissioners for their Papers to the King and Parligment both that Paper given in to them from the Scottish Commissioners upon Saturday last as likewise their Advice lately given to his Majesty by occasion of the present Troubles which at the intreaty of the said House they have communicated to them and finding therein a large Testimony of their Fidelity to the King of Affection to this State and of Wisdom for the Honor Security and Peace of his Majesty and Kingdoms doth hereby declare That they have herein done that which is not only acceptable to this House but likewise that which is of great Advantage to both Nations and therefore have Ordered That Sir Philip Stapleton Mr. Hampden Mr. Fiennes Mr. Pym Mr. Arthur Goodwin Sir Henry Vane ju or any three of them shall return them very hearty and affectionate Thanks in the Name of this House and this House doth further desire them That according to their Affections already expressed they will continue their Care and Indeavors to remove the present Distractions among us as also to preserve and confirm the Vnion between the two Nations so happily begun And that this might appear to be not only a verbal Acknowledgment It was this day Ordered That the Citizens that serve for the City of London do take Care that the Scots Commissioners do pay nothing for their House Rent and Furniture belonging unto the same and this House will undertake to see the same satisfied After this one Ralph Hope being at the Bar informed the House of Commons That 4th Jan. instant Serjeant Dendy came to Mr. Weekes his House at the Gate-House Information against Serjeant Dendy and required of him if Mr. Hollis lay there whereupon he asked the Serjeant What his Business was the Serjeant bid him tell him his Name he answered if he would tell him his Business he would tell him his Name whereupon he said I charge you upon your Life to tell me where Mr. Hollis is for he is a Traitor how dares Mr. Weekes lodg a Traitor in his House he said he must have him and would have him for he was a Traitor Whereupon it was Resolved c. That Mr. Dendy Serjeant at Arms shall be forthwith sent for as a Delinquent by the Serjeant at Arms attending
of the House of Lords 849. At the Bar of the House of Commons 856. A Petition of some Merchants c. against him 881. A Motion of the House of Commons for displacing him dissented to by the House of Lords 882. Cruelty of the Irish Rebels 633. Customers offer 100000 l. for an Act of Oblivion 256. are Ordered to pay 150000 l. ibid. Votes about the Petty-Farmers 258. who Petition the House 265. Custos Regni insisted on by the House of Commons 425. the Judges Opinion about it 430. D. SIr Thomas Danby a Witness for the Earl of Strafford 95. Mr. William Davenant accused for a Conspiracy to seduce the Army 232. a Proclamation to stop him 233. sent for by a Serjeant 245. Committed 246. Bayled 377. Lord Chief Baron Davenport Impeach'd by the House of Commons 343. Articles against him 347. Sir Thomas Dawes a Writ Ne exeat regnum against him 425. Deans and Chapters defended by Doctor Hacket in the House of Commons 240. Speeches in Parliament concerning them 282. 289. Debts of the Kingdom considered by the House of Commons 257. 724. Declaration of the House of Commons concerning several Church-matters without the consent of the House of Lords 481. of the House of Commons of Ireland upon the Queeres proposed to the Judges there 584. of the English Parliament touching the Irish Rebellion 601. of the House of Commons against Inigo Jones 728. of the King in answer to the Remonstrance 746. of the House of Commons concerning the Tower and Collonel Lunsford 778. Declaration of the State of the Kingdom projected 615. debated 664. appointed to be delivered and by whom 689. set down at large 692. c. how received by the King 709. House divided about Printing it 743. Declaration for a Posture of Defence 850. rejected by the House of Lords 857. Declaration concerning Breach of Priviledges 853. Sir Edward Deering Chairman of a Sub-Committee for Scandalous Ministers 245. delivers the Bill for abolition of Episcopacy with a Speech 248. how unfortunate 249. his Speech about Episcopal Government 295. concerning the Order for removing the Communion Table 493. concerning Bowing at the Name of Jesus 610. about the Declaration of the State of the Kingdom 664. against passing it 668. the behaviour of the factious to him 672. Defence of the E. S. to the first Article against him 54. to the second 55. third 56. fourth 58. fifth 60. sixth 61. eighth 63. ninth 64. tenth 65. twelfth 67. thirteenth 68. fifteenth 71. sixteenth 74. nineteenth 78. twentieth to twenty fourth 84. to 87. twenty fifth 89. twenty sixth 91. twenty seventh 94. twenty eighth 99. Delinquents who are so Voted their Estates to be seized 511 Delinquents about the Sope Patent 513. Serjeant Dendy Inform'd against for words 888. Bishop of Derry Impeach'd 566. Articles against him 570. Sir Simon D'ewes his Speech about the Poll-Bill 322. concerning the Palatinate 368. Differences between the Lords and Commons about the Votes for the Protestation 416. Lord Digby one of the Committee to prepare the Charge against the Earl of Strafford 7. appointed one of the Managers of the Evidence against him 28. his Speech at passing the Bill of Attainder 157. which is Ordered to be Burnt by the Common Hangman 160 389. exceptions taken at some Words of his 271. expelled the House of Commons 275. made a Baron and added to all the standing Committees ibid. a Message from the House of Commons about him 791. Information against him 845. Summoned to attend the House of Lords 882. his Apology at large 863. Lord Dillon a Witness for the Earl of Strafford 56 58 60 61 71. made one of the Lords Justices of Ireland 564. displaced to please the Faction ibid. Committed by the House of Commons 786. Directions of the House of Commons for taking the Protestation 229. of the same to their Committee during the Recess 481. Disbanding the Army Votes Orders c. about it 233 286 454 456 457 458 461. Disbanded Soldiers to be permitted to go beyond Sea 495. Dondalk taken by the Irish Rebels 636. Sir James Douglas sent for as a Delinquent 753. Mr. Edward Dowdall's Depositions concerning the Treaty between the Lords c. of the Pale and the Irish Rebels 907. Bishop of Down a Warrant to him concerning Contemners of Eeclesiastical Jurisdiction 63. William Dowson a Witness against the Earl of Strafford 94. Thomas Drinkwater ordered to the Pillory for a Contempt 238. excused 245. Drogheda see Tredagh Dublin Fortified 636. Citizens pretend themselves not able to raise 40 l. ibid. cunningly victualled by the Master of the Rolls 637. Strangers ordered by Proclamation to depart the City and Suburbs 637. Dr. Duncomb Witness for the Earl of Strafford 55. Dunkirkers laden with Ammunition for Ireland stopt 844 857. Durham House assured to the Earl of Pembroke by an Act 426. Dutch Ambassador desired to assist in stoping the Dunkirkers 857. E. EDwards a Witness against the Earl of Strafford 90. Egor a Witness against the Earl of Strafford 36. Election of Members Cases about it 599. 870. Sir John Elliot 's Case 376. Bishop of Ely his Case with Lady Hatton 270. see Wren Dean of Ely see Fuller Embassadors Voted not to entertain Priests Natives of England 373. French or Spanish Embassadors see French or Spanish Episcopacy a Bill Proposed for the Abolishing of it 248. Sir Edward Deering 's Speech upon it 248. Sir Benjamin Rudyard 's 249. the Lord Newark 's 251. Votes of the House of Lords upon it 255. Report of a Conference about it 259. Debated in the House of Commons 275. two Papers concerning it presented to the House of Commons 301. Votes about it 380. Order to discourage Petitioners for it 655. Epitaphs upon the Earl of Strafford 204. 205. Sir Walter Erle one of the Commissioners to prepare the Charge against the Earl of Strafford 7. appointed one of the Managers of Evidence against him 28. gravell'd in his Management he is assisted by the Lord Digby 100. sent down to secure Dorsetshire 233. Earl of Essex made Lord Lieutenant of Yorkshire 247. and Lord Chamberlain 407. Motion of the House of Commons that he have power over all the Train'd Bands South of Trent 608. lays down that Commission 684. Evidence against the Earl of Strafford Summ'd up by him 104. Examination of Owen Connelly about the Irish Rebellion 520. of Mac Mahan concerning the same 521. of Richard Grave 522. of Mr. Attorney General about the five Members 873. Exceptions taken at some words of the Lord Digby 27. at a Letter from the Speaker of the House of Lords of Ireland 417. at a Message from the House of Lords by one Person only 474. at the Bishop of Lincoln 477. at the Kings Speech 739. Exclusion of the Bishops from Voting in the case of the thirteen Impeached Bishops a Conference about it 500. Execution of the Earl of Strafford 201. Explanation of the Protestation 241. of the Act of Pacification 625. Extract of Letters from the Lords Justices of
Lords concerning Kymbolton and the five Members 848. to both Houses concerning Breach of Priviledge 858. Message of the Queen to the House of Commons about her Journey 405. Message of either House to the King upon occasion of his Letter about the Earl of Strafford 197. to desire him to stop some Allowances 368. of the House of Commons to the House of Lords about a Conspiracy to seduce the Army 231. about restraining Ecclesiastical persons from medling in secular affairs 242. about paying the brotherly assistance to the Scots 315. about the Charge and Trial of the Arch-Bishop of Canterbury 318. to the Lord Keeper that the Judges travel not on the Lords day 325. about three Bills 331. concerning Disbanding the Army 424. about making the Earl of Pembroke Lord Steward and the Earl of Salisbury Lord Treasurer 437. about the Impeach'd Bishops 439. desiring that a convenient number of Lords stay in Town 445. concerning the desperate condition of the Kingdom 447. Message from the House of Lords to the House of Commons by one person only gives offence 474. Message of the House of Commons to the Queen about the Prince 597. to the House of Lords about Philips the Priest ibid. to Forraign Ambassadors not to harbour English Priests 652. to the House of Lords to press expedition for Ireland 750 761 768 769. concerning a Declaration to suppress Tumults and a Guard 789. concerning the Lord Digby 791. to revive the Bill against Bishops Votes 800. that the Kings Queens and Princes Servants take the Oaths of Allegiance and Supremacy 814. to the Gentlemen of the Inns of Court and to the Common-Council of London 817. about the Kings coming to the House 822. their Message about the Tower rejected 835. concerning the Prince and Marquess of Hertford 657. concerning the adjournment to Grocers Hall c. 879 880. Message from the Scots Commissioners about the Kings Journey into Scotland 318. of the Venetian Ambassador to the House of Lords 655. Michaelmas Term abbreviated 238 243. Militia enquired into by order of the House of Commons 230. Mines Royal Order about them 446. Scandalous Ministers a Committee about them 233. Factious Ministers their Petition to the House of Commons 764. Money borrow'd of the Londoners by the House of Commons 236. desired to be continued 255. more to be borrowed 407 411 595 597 644. an Ordinance for securing Money lent by the City 621 687. Money to be conveyed to the Army an Order for its safety 415. Colonel Monk his Letter to the Lord Lieutenant of Ireland 919. Earl of Monmouth 's Speech concerning fears c. 849. Sir James Montgomery a Witness against the Earl of Strafford 64 77. Lord Morley Ordered to be Tryed by his Peers for Murther 307. Earl of Morton a Witness in the Case of the Earl of Strafford 82. Lord Mountnorris a Witness against the Earl of Strafford 36 39 59 63. Lord and Lady Muskerry Irish Papists kind to the English 635. N. NAmes of the persons who made the several motions towards the Declaration of the State of the Kingdom 615. of the chief Irish Rebels 632. Narrative of a Plot by Beal a Taylor 647. James Nash a Witness against the Earl of Strafford 874. Nash and Kynaston 's Case 258. Navy the State of it 460. Debated 757. Order of the House of Commons about it 787. Sir Paul Neal a Witness for the Earl of Strafford 95. Lord Nettervile 's Son ordered 〈◊〉 be brought before the House of Lord â—77 Lord Newark his Speech about the â—â—â—rage of Bishops 251. concerning their medling in secular Affairs 252. Lord Newburgh a Witness in the Case of the Earl of Strafford 83. New castle an Order to the Major to take care of it 753. Earl of Newport made Constable of the Tower 230. enabled as Master of the Ordnance to deliver Arms c. for Ireland 606 desired by the House of Commons to reside in the Tower 780. inform'd against for a design to seize the Queen c. 781. discharged of his Constableship of the Tower 785. Petition of both Houses about him 786. Non-Residence a Bill against it 293. Earl of Northumberland a Witness in the Case of the Earl of Strafford 82 86. O. OAth of Allegiance and Supremacy by Order of the House of Commons to be tendred to Irish Recusants and others in the Inns of Court 613. and to the Kings Queens and Princes Servants 814. the Oath for Ireland an Act of State and Petition about it 79. Oath of Secrecy administred to persons concerned in preparing for the Tryal of the Earl of Strafford 11. Officers of the Army Petition for Pay 660 757. Ordered a Moiety 772. those in Ireland commanded to their Charges 594. and in the examination of the Army Conspiracy 232. O Neal a Serjeant Major sent for 286. Committed 490. Ordered to be examined 492 625 714. Voted to be impeach'd of High Treason 754. committed to the Gate-house 757. Sir Phelim O Neal his Execution 529. his Letter to Sir William Hamilton 895. Opinion of the Judges upon an exception of the Earl of Strafford 101. upon the Bill of Attainder 192. in the Case of Ship-money 338. in answer to some Quaeries concerning matters in Parliament 374. concerning a Custos Regni 430. Opinion of the House of Lords about a Commission for Commissioners to attend the King in Scotland 448. 451. Opinion of a City Divine about Episcopacy presented to the House of Commons 302. Orders of both Houses relating to the Trial of the Earl of Strafford 28. for the payment of the Poll-Money to expedite disbanding 458. for declaring the Scotch Rebels to be loyal Subjects 467. for securing the Money borrowed of the City 687. for a Guard upon the Tower 844. Orders of the House of Lords concerning new Proofs against the Earl of Strafford 102. to stop the Ports 232. to pillory two Persons for a contempt 238. about Tumults 246 388 468 476 603 692 856 484 495 691 718. about Ship-Money in the Sheriffs hands 264. against formal Speeches 265. about Writs of Error 272. for Provision for Sisters by a Brother 367. for relief of Wife and Children against a Husband refusing to cohabit 381. concerning a Vicarage between Sir Peter Osborn and Thomas Joice 382. concerning the Arch-Bishops Poll-Money 387. for securing Money carried to the Army 415. for the Lady Wotton 420. 457. for exemplifying the Acts for Pacification and Brotherly Assistance 439. for examining Witnesses about Incendiaries 444. for referring the Election of Sheriffs of London 445. 456. about Mines Royal 446. concerning the impeached Bishops 449 484 495 691 718. search under the Parliament House 450. to quicken the disbanding 457. concerning a Guard about the Parliament House 487. concerning the relief of Ireland 601 603 626. to expel Romish Recusants out of Inns of Court 613. for bringing Ammunition from Hull 643. about the Lord Lieutenant of Ireland ibid. for apprehending Priests and Jesuites 647 648. for putting the Laws in execution against Romish Recusants 653.
Necessity therefore to be used being lawful L. L. Ireland Commission of Array to be put in Execution They are to bring them to the Borders In reason of State you have power when they are there to use them at the King's Pay if any of the Lords can shew a better let them do it Town full of Nobility who will talk of it Obser he will make them smart for it Thus did Ambition and private Revenge disguise themselves under the popular pretence of publique Justice and tenderness for the safety of the Common-wealth The truth is Power and Greatness do always render the Great Ministers of State Criminals to Malice and Envy and of this I will give two remarkable Instances out of the above mentioned Memoirs of the Earl of Manchester When saith he The reason why the Marquess Hamilton and the Lord Cottington escaped the fury of the Faction strickt Scrutiny was made into the Councils and Actions of those who were in greatest Power and Credit with the King divers of the Privy-Council most of the Judges came under the Debate of a Capital or Criminal Impeachment and the very Order of Episcopacy with all its Hierarchy incurred the Odium of Superstitious Pride and Oppression But they who were looked upon as the principal Instruments of those Mischiefs which threatned the Ruine of the Three Kingdoms of England Scotland and Ireland were the Archbishop of Canterbury the Earl of Strafford the Marquiss Hamilton and the Lord Cottington these were of the Juncto where all things of consequence and privacy had been consulted and resolved and these were designed first to be questioned But the Marquiss Hamilton seeing a dark Cloud gathering over his head thought it necessary to seek a timely Shelter and upon consultation with his Friends about the most probable way for preventing of the Clamour of the Commons which might prove a fatal Vote against him he was advised to improve his Interest in the Commissioners of Scotland for he had personally obliged some of them and the rest could not but acknowledge that he had Expressed a great care of his Nations happiness in all those imployments wherein he had been trusted by his Majesty for though he often shewed a great Aversion and activeness against them in their Cause and Quarrel yet in all their Extremities they found him a Friend intending their good He therefore pressed them to intercede for him which they did with earnest solicitations They likewise gave such Engagements for his future Compliance with the Parliaments Designs as he was not only Exempt from all fear of Accusation but he became a Confident in all their private Designs against others and employed his Credit with the King for the obtaining many and great concessions The Lord Cottington could not hope for so powerful an intercession neither durst he rely on his Innocency as Parliament-proof therefore he had recourse to that prudent if not subtle way by stripping himself of his Skin to save his life He knew the Mastership of the Wards was a place of that value and power as probably it might stop the Mouths of his greedy Enemies or else open the hearts of some towards him in a way of Protection and Friendship He therefore declared to the King his condition and propounded the making the Lord Viscount Say and Seal to be his Successor This proved a very successful policy for as soon as this was made known to those who were concerned in their hopes of his place all Criminal Aspersions were laid aside and he gained the advantage of a retired and quiet being Thus far the said Earl in his Memoirs who was no Stranger to the most private transactions of those persons and times The Fall of this lofty Cedar gave not only a general consternation to all the Kings Friends but the greatest encouragement imaginable to the whole Faction who could not dissemble their satisfaction at their having gained so important a point but that it boyled over at the Mouths of the less cautious and more warm of the Party insomuch that I have heard one who was inwardly acquainted among them affirm that one of them as I think Mr. Pym was heard to boast of their success in words to this effect Have we saith he speaking of the Kings passing the Bill of Attainder against the Earl of Strafford got him to part with Strafford then he can deny us nothing And certainly nothing could be of greater disadvantage to his Majesties Affairs then this sacrificing a Great Court Favourite to their Wills rather then to Law or Justice For the whole Nation knew how dear this Great Man was to his Master and the great struglings which the King made if possible to save him and the reluctancy with which he seemed to resign him rather to necessity then reason as it made the victory appear greater so it taught all others of the Kings Friends the greatness of their danger and the impossibility of stemming so strong a Torrent as had wrackt so brave a person as the Earl of Strafford Nor did they think it any disparagement when they saw the King himself stoop to such compliances for them also to bend their Necks And doubtless as nothing can more encourage the Servants and Ministers of any Prince in circumstances and difficulties of this nature than the courage and resolution of the Prince himself so nothing can depress their Spirits comparably to the fear of seeing themselves deserted and left to the Fury and Rage of their Enemies for adhering faithfully to and vigorously prosecuting the Interests of their Master And had his Majesty made use of his Royal Prerogative and refused to Pass the Fatal Bill it could not have happened worse to him then afterwards it did but it might have proved better because they were not then in a condition to Levy a Formal War against him as afterwards they did his Majesty having a very good Army in the North to have Opposed them and had the Earl saved his a Noble and Valiant General to have been at the head of them But to return to the Parliamentary Affairs the Tumults were grown so insolent that his Majesty being sensible of the danger of them sent a Message to the Lords about them Upon which the Lords desired a Conference with the Commons the heads of which the Lord Privy-Seal delivered as follows THat he was commanded from the King to declare to both Houses at a Conference Conference about the Tumults that the People do assemble in such unusual numbers that his Majesty fears the Council and the Peace of the Kingdom may be interrupted and therefore as a King that loves Peace takes care that all Proceedings in the Parliament may be in a fair temperate and peaceable manner It being now time of Parliament his Majesty will not of himself prescribe the way but expects that both Houses upon mutual Conference will advise such a course which may best preserve the quietness of the Kingdom That their
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