He brings several undeniable Presidents and Instances In the 21 of R. 2. a Repeal of a former Sentence against the Spencers being Petitioned for in Parliament Rot. 55.56.21 R. 2. these Errors were assigned Because the Prelats Who are Peers of the Realm did not Assent to the Judgment and because it was made only by the Earls and Barons Peers of the Realm c. And because it was made against the Great Charter of England in which it is contained that no man shall be exiled or destroyed but by the Lawful Judgment of his Peers or by the Law of the Land By which it appears that the Judgment of that Parliament was That it was a Breach of the Magna Charta for the Temporal Lords to condemn a Peer without the Assent of the Bishops who are expresly declared to be Peers of the Realm Rot. 55. To be Peers in Parliament Rot. 56. and to be Peers of the Realm in Parliament Rot. 61. And all this too in the Case of Treason which is as a full Declaration of their Peerage as it is possible to make To the Second Position That they have a Right to Sit and Vote in Parliament in all Causes whatsoever even in Causa Sanguinis in Capital Cases which he proves by Reason and Presidents That by the Magna Charta a Law of the Highest value Confirmed by Thirty Acts of Parliament and with the most Solemn and dreadful Imprecations upon whosever of them or their Posterity should go about to violate it in any particular the Bishops have an equal Right with the Temporal Lords That they Sit in Parliament by the virtue of the same Writs of Summons that the other Barons do they are Summoned to Advise and Debate about the great and difficult Affairs of the Kingdom cum Praelatis Magnatibus Proceribus dicti Regni nostri Angliae colloquium habere tractatum Of all things indefinitely that shall be brought before them in that High and Honourable Court the Supream Judicature of the Nation and that there cannot be any Instance produced of a Writ of Summons with a Limitation or Restriction upon the Bishops excluding them from any matter of Debate Consultation Vote or Judicature belonging to the House of Lords The Temporal Barons also are Summoned indefinitely to Debate Handle and Consult with the Prelats in all things there to be done which would be impossible if in some of the most Important matters in point of Judicature the Lords the Bishops must be Totally Excluded That though the Constitution of Clarenden be urged as designed for a Limitation of the Bishops exercising Jurisdiction in the Case of Life or Mutilation of Members yet it is evident both from the Words and the occasion of that Law that they ought to be present for that this Constitution of Clarendon was made perfectly to oblige the Bishops to serve the King in the Capacity of their Temporal Baronies sicut caeteri Barones the Tenure being the same Et sicut Barones caeteri debent interesse Judiciis Curiae Regis cum Baronibus usque perveniatur in Judicio ad diminutionem Membrorum vel ad mortem the plain Sense of which words is that they ought to be present not only till such Causes of Life or Limb came before the rest of the Lords but at all preliminary Debates usque perveniatur not ad Judicium but in Judicio which supposes a Trial preceding till the Sentence came to be pronounced Now the occasion of this was the Papacy was then erecting their fifth Monarchy and indeavouring to set up an Independent Jurisdiction of the Church in all Kingdoms which the Kings very well perceiving were resolved to oppose and therefore to oblige them to this Service by vertue of the Tenures of their Temporal Baronies And this giving them a Concession to withdraw when the Sentence â—â—as pronounced was a particular favour of the King Thomas Becket a great Saint and Martyr in the Roman Calendar stoutly opposed this as an inchroachment upon the Liberties of the Church and indeed the Bishops who had all along the Saxon Government sate in the great Councils by virtue of their Spiritual Capacity there being then no Temporal Baronies they thought the Conquerors imposing this Tenure upon their Estates a very hard Servitude and Badge of Slavery to the Secular Power but that notwithstanding their Reluctancy this Salvo seemed a little to qualify the matter so that they did Vote in such Cases till the Sentence came to be pronounced appears from Petrus Blesensis who taxes them of Collusion for submitting to this Constitution of Clarendon Principes sacerdotum saith he Seniores Populi Pet. Blesen de Inst Epic. p. 454. licet non dictent Judicia Sanguinis eadem tamen tractant disputando disceptando de illis seque ideo imnunes à Culpa reputant quod Mortis aut truncation is membrorum judicium decernentes á pronuntiatione duntaxat Executione Penalis Sententiae se abstinent Although saith he they do not give Judgment in Cases of Blood yet do they handle treat and debate about them and think themselves innocent because in the determinations of Cases of Life and Limb they absent themselves at the pronouncing or execution of the Penal Sentence This Statute of Clarendon was made in February and in the October following the King Summons a Parliament to Northampton Fitz. Steph. vit Tho. Becket de Concil apud Clarendon Mss in Bibliotheca Cottoniana in which Becket in which Becket was for opposing this Constitution wasting the Kings Treasure and other Crimes accused of Treason in the Debate whereof the Bishops Sate with the other Barons and because the matter did not come to a Sentence of Death after great Debate between the other Lords the Bishops about pronouncing the Sentence the Bishop of Winchester did it But Becket making an Appeal to the Pope the Bishops being afraid of him they endeavoured to persuade the King to desist his further prosecution till that matter was determined But the King being resolute pressed them to their Duty notwithstanding Beckets Prohibition to them to the contrary from the obligation of the Statute of Clarendon to which they had Sworn Asserens quod non teneat haec ejus simplex Prohibitio contra hoc quod Clarendoniae factum initum fuerat affirming that this single Prohibition of Beckets could not bind them against what was done and agreed to at Clarendon From all which it is plain that in fact the Bishops did Debate and Vote in a Capital Case and were obliged by this Statute so to do and it was a Favour indulged them to be absent at the giving of the final Judgment or Sentence of Death or loss of Limbs In the 5. H. 4. The Earl of Northumberland was in Parliament Impeached of Treason Rot. Par. n. 17.5 H. 4. and after Examination of the whole matter he clearly acquitted himself of the charge upon which it is said in the Record Et
operation upon the courage of a Nation by embasing the hearts of the People A servile condition does for the most part beget in men a slavish temper and disposition Those that live so much under the Whip and the Pillory and such servile Engines as were frequently used by the Earl of Strafford they may have the dregs of Valour Sullenness and Stubborness which may make them prone to mutinies and discontents But those Noble and Gallant affections which put men to brave designs and attempts for the preservation or enlargement of a Kingdom they are hardly capable of Shall it be Treason to embase the King's Coin though but a piece of Twelve-pence or Six-pence and must it not needs be the effect of a greater Treason to embase the Spirits of his Subjects and to set a Stamp and character of Servitude upon them whereby they shall be disabled to do any thing for the Service of the King and Commonwealth The Fifth Consideration is this that the exercise of this Arbitrary Government in times of suddain danger by the invasion of an enemy will disable His Majesty to preserve himself and His Subjects from that danger This is the only pretence by which the Earl of Strafford and such other mischievous Counsellors would induce his Majesty to make use of it and if it be unfit for such an occasion I know nothing that can be alledged in maintainance of it When War threatens a Kingdom by the coming of a Forraign Enemy it is no time then to discontent the people to make them weary of the present Government and more inclinable to a change The supplies which are to come in this way will be unready uncertain there can be no assurance of them no dependance upon them either for time or proportion And if some Money be gotten in such a way the distractions divisions distempers which this course is apt to produce will be more prejudicial to the publique safety than the Supply can be advantagious to it and of this we have had sufficient experience the last Summer The Sixth That this crime of Subverting the Laws and introducing an Arbitrary and Tyrannical Government is contrary to the Pact and Covenant betwixt the King and his People that which was spoken of before was the legal union of Allegiance and Protection this is a personal union by mutual agreement and stipulation confirmed by Oath on both sides The King and his People are obliged to one another in the nearest relations he is a Father and a Child is called in Law pars patris He is the Husband of the Commonwealth they have the same interests they are inseparable in their condition be it good or evil he is the Head they are the Body there is such an incorporation as cannot be dissolved without the destruction of both When Justice Thorp in Edward the III. time was by the Parliament condemned to death for bribery the reason of that Judgment is given because he had broke the King's Oath not that he had broke his own Oath but he had broken the King's Oath that solemn and great Obligation which is the security of the whole Kingdom If for a Judge to take a small summ in a private Cause was adjudged capital how much greater was this offence whereby the Earl of Strafford hath broken the King's Oath in the whole course of his Government in Ireland to the prejudice of so many of his Majesties Subjects in their Lives Liberties and Estates and to the danger of all the rest The Doctrine of the Papists Fides non est servanda cum Haereticis is an abominable Doctrine yet that other Tenet more peculiar to the Jesuits is more pernicious whereby Subjects are discharged from their Oath of Allegiance to their Prince whensoever the Pope pleaseth This may be added to make the third no less mischievous and destructive to humane Society than either of the rest That the King is not bound by that Oath which he hath taken to observe the Laws of the Kingdom but may when he sees cause lay Taxes and Burthens upon them without their consent contrary to the Laws and Liberties if the Kingdom This hath been Preached and published by divers And this is that which bath been practised in Ireland by the Earl of Strafford in his Government there and endeavoured to be brought into England by his Counsel here The Seventh is this It is an offence that is contrary to the end of Government The end of Government was to prevent oppressions to limit and restrain the excessive power and violence of great men to open the passages of Justice with indifferency towards all This Arbitrary Power is apt to induce and encourage all kind of insolencies Another end of the Government is to preserve men in their Estates to secure them in their Lives and Liberties but if this design had taken effect and could have been setled in England as it was practised in Ireland no man would have had more certainty in his own then Power would have allowed him but these two have been spoken of before there are two behind more important which have not yet been touched It is the end of Government that Vertue should be cherish'd Vice supprest but where this Arbitrary and unlimited Power is set up a way is open not only for the security but for the advancement and encouragement of evil such men as are apt for the execution and maintenance of this Power are only capable of preferment and others who will not be instruments of any unjust commands who make a conscience to do nothing against the Laws of the Kingdom and Liberties of the Subject are not only not passable for employment but subject to much jealousie and danger It is the end of Government that all Accidents and Events all Counfels and Designs should be improved to the publique good But this Arbitrary Power is apt to dispose all to the maintainance of it self The wisdom of the Council-Table The authority of the Courts of Justice The industry of all the Officers of the Crown have been most carefully exercised in this the Learning of our Divines the Jurisdiction of our Bishops have been moulded and disposed to the same effect which though it were begun before the Earl of Strafford's imployment yet it hath been exceedingly furthered and advanced by him Under this colour and pretence of maintaining the King's Power and Prerogative many dangerous practises against the peace and safety of the Kingdom have been undertaken and promoted The increase of Popery and the favours and encouragement of papists have been and still are a great grievance and danger to the Kingdom The innovation in matters of Religion the Usurpations of the Clergy the manifold burthens and taxations upon the people have been a great cause of our present distempers and disorders and yet those who have been chief furtherers and actors of such mischiefs have had their Credit and Authority from this that they were forward to maintain this
no cause appeared or such only as was clearly Bailable by Law yet he remanded them where they remained Prisoners very long Which said deferring to grant the said Writs of Habeas Corpus and refusals and delays to discharge Prisoners or suffer them to be Bailed contained in this Article are destructive to the Fundamental Laws of this Realm and contrary to former resolutions in Parliament and to the Petition of Right which said Resolutions and Petition of Right were well known to him the said Sir Robert Berkley and were Resolved on and Enacted when he was the Kings Serjeant at Law and attendant in the Lords House in Parliament 11. That whereas there was a Cause depending in the Court-Christian at Norwich between Samuel Booty Clerk and Collard for two Shillings in the Pound for Tithes for Rents and Houses in Norwich and the said Collard moved by his Council in the Court of Kings Bench for a Prohibition to stay proceedings in the Court Christian at Norwich and delivered into the said Court of Kings Bench his suggestions that the said Cause in the said Court Christian was only for Tithes for Rents of Houses in Norwich which was determinable by the Common Law only yet he the said Sir Robert Berkley being one of the Justices of the said Court of Kings Bench and sitting in the said Court deferred to grant a Prohibition to the said Court Christian in the said Cause although the Council did move in the said Court many several times and several Terms for a Prohibition And he the said Sir Robert Berkley deferred to grant his Majesties Writ of Prohibition to several other Courts on the motions of divers others of His Majesties Subjects where the same by the Laws of this Realm ought to have been granted contrary to the Laws of this Realm and his own knowledge All which Words Opinions and Actions were so spoken and done by him the said Sir Robert Berkley Traiterously and Wickedly to Alienate the Hearts of His Majesties Liege People from His Majesty and to set a division betwixt them and to subvert the Fundamental Laws and Established Government of His Majesties Realm of England for which they do Impeach him the said Sir Robert Berkley one of the Justices of the Court of Kings Bench of High Treason against our Soveraign Lord the King His Crown and Dignity and of the misdemeanors above mentioned And the said Commons by Protestation saving to themselves only the Liberty of Exhibiting at any time hereafter any other Accusation or Impeachment against the said Sir Robert Berkley and also of replying to the answer that he the said Sir Robert Berkley shall make to the said Articles or any of them or of offering Proof of the Premises or any other Impeachments or Accusations that shall be Exhibited by them as the case shall according to the course of Parliaments require do pray that the said Sir Robert Berkley one of the Justices of the Court of Kings Bench may be put to answer to all and every the Premises and that such Proceedings Examinations Tryals Judgments and Executions may be upon every of them had and used as is agreeable to Law and Justice Upon the Articles of Impeachments of the Lord Chief Baron Davenport Mr. Baron Trevor and Mr. Baron Weston Mr. Hide by the Command of the Commons spake as follows My Lords THere cannot be a greater instance of a sick and languishing Commonwealth than the business of this day Good God! Mr. Hide 's Speech at the delivering of the Articles of Impeachment of the L. Chief Baron Davenport Mr. Baron Trevor and Mr. Baron Weston July 6. 1641. how have the guilty these late years been punished when the Judges themselves have been such Delinquents 'T is no marvel that an Irregular Extravagant Arbitrary Power like a Torrent hath broke in upon us when our Banks and our Bulworks the Laws were in the custody of such Persons Men who had lost their Innocence could not preserve their Courage nor could we look that they who had so visibly undone us themselves should have the Vertue or Credit to Rescue us from the Oppression of other Men. 'T was said by one who always spoke excellently That the Twelve Judges were like the Twelve Lions under the Throne of Solomon under the Throne in Obedience but yet Lions Your Lordships shall this day hear of Six who be they what they will be else were no Lions who upon vulgar fears delivered up the precious Forts they were trusted with almost without assault and in a tame easie Trance of flattery and servitude lost and forfeited shamefully forfeited that Reputation Awe and Reverence which the Wisdom Courage and Gravity of their Venerable Predecessors had contracted and fastned to the places they now hold and even rendred that study and profession which in all Ages hath been and I hope now shall be of an honourable Estimation so Contemptible and Vile that had not this blessed day come all Men would have had that quarrel to the Law it self which Marius had to the Greek Tongue who thought it a mockery to learn that Language the Masters whereof lived in bondage under others And I appeal to these unhappy Gentlemen themselves with what a strange negligence scorn and indignation the faces of all men even of the meanest have been directed towards them since to call it no worse that fatal declension of their understandings in those Judgments of which they stand here charged before your Lordships But my Lords the work of this day is the greatest instance of a growing and thriving Common-wealth too and is as the dawning of a fair and lasting day of happiness to this Kingdom 'T is in your Lordships power and I am sure 't is in your Lordships will to restore the dejected broken people of this Island to their former joy and security the Successors of these Men to their old Priviledge and Veneration sepultas propè leges revocare My Lords the iniquity of Judges is infectious and their craftiest Combination to leave us as few innocent as may be Your Lordships have heard of the justice of Two of the greatest Courts of Westminster and that you may know how little advantage the other of his Majesties Revenue the Court of Exchequer hath of its fellows in the Administration of Right I am commanded by the House of Commons to present to your Lordships Three several Charges against three Judges of that Court my Lord Chief Baron Davenport Mr. Baron Trever and Mr. Baron Weston Your Lordships will please to hear them read Here the several Articles were read Your Lordships observe that the great Resolution in Ship-mony was a Crime of so Prodigious a Nature that it could not be easily swallowed and digested by the Consciences even of these Men but as they who are to Wrestle or run a Race by degrees prepare themselves by Diet and lesser Essays for the main Exercise so these Judges enter themselves and harden their hearts by more
a Conference by the Earl of Bath to the Commons THese are to signifie to this House That whereas He sent an Answer this day to both Houses concerning the Third Head lest there should be any mistake upon the word Slander His Majesty declares he did not mean all of either House of Parliament or any Members thereof Upon the Reading of the Petition of the Arch-Bishop of Canterbury concerning his payment of Poll-mony It was Ordered Order of the Lords about the Arch-Bishops paying Poll-Money To be left to be paid according to the Act of Parliament The House for freer Debate was put into a Committee to consider of the Court of York and to give judgment herein and after much Debate the House was reassumed and it was Resolved upon the Question by the Major Part Resolves of the Lords concerning the Court at York That the Commission and Instructions whereby the President and Council of the North exercise a Jurisdiction is Illegal both in the Creation and Execution Resolved c. That this Commission and Instructions is unprofitable to His Majesty Resolved upon the Question Nemine Contradicente That this Commission and Instructions is inconvenient and grievous to His Majesties Subjects of those Parts Resolved upon the Question Nemine Contradicente That this House doth joyn with the House of Commons in beseeching His Majesty that the Present Commission and Instructions may be revoked and no such granted for the Future MEmorandum A Salvo for the Judges of the Court of York This House doth declare seeing the Commission and Instructions of the Court of York is Illegal in the Creation and Execution that the former Judges in the Court of York who have given Judgement and proceeded as they thought in their Consciences upon True and Legal Grounds shall not be liable to be Questioned but in case of Injustice and that none in that Case shall be barred of their Appeal And if it appear that there is a Necessity for the Ease of that Country to have a Court this House will advise with the House of Commons how one may be Established by Law for the Ease of those Parts And the Earl of Essex Earl of Bristol Viscount Say and Seal Bishop of Lincoln Lord Wharton Lord Kimbolton were appointed to prepare Heads for a Conference with the Commons concerning the aforesaid Particulars that so the Persons that were Judges and the Acts of that Court may have a Saving for them If humane Bodies and Minds are subject to the secret Influences of the Heavenly Bodies certainly England and the rest of the Brittish Dominions were at this time under the Aspects of some Violent and Malignant Configurations and there seemed to be an Universal Inclination in the People every where to Tumults Mutinies Violence and Injustice the Lords House was full of Complaints of the Disorders of this Nature throwing up Inclosures and disturbing the Possessions of others and that not singly but by Multitudes and with such Arms as Rusticks are wont to make Use of upon such Occasions of their Madness And of this the Lords were so sensible that they made this following Order WHereas daily Complaints are made unto this House of violent breaking into Possessions Order of the Lords concerning Violent and Tumultuous breaking into Possessions July 13. 1641. and Inclosures in Riotous and Tumultuous manner in several parts of this Kingdom without any due proceedings by Course of Law to warrant the same which hath been observed to have been more frequently done since this Parliament began then formerly it is thought fit and so Ordered by the Lords in Parliament That no Inclosure or Possession shall be Violently and in a Tumultuous manner disturbed or taken away from any man which was in Possession the first Day of this Parliament or before but by due Course and Form of Law and that such Possessions of all men shall continue and remain unto them as they were on the first Day of this Meeting of Parliament unless it have been or shall be by some Legal way of proceeding in some of His Majesties Courts of Law or Equity or by some Act or Order of the Parliament determined or ordered to the Contrary And in all such Cases where any such unlawful disturbance of the quiet Possession of any man hath happened or shall happen the High Sheriff of the County shall have Power by virtue of this Order together with two of the Justices of the Peace of the said County next or near to the place and such other or others as he or they shall think fit to take with him or them to repair unto the place where such Tumults happen to be and appease and quiet the Possession of the said Lands and Inclosures so disturbed as aforesaid and shall see to and cause that the Possession be continued unto the present Owners as aforesaid until by a Legal Course in some Court of Law or Equity or by order of Parliament it be determined or Ordered to the contrary The Lord Bishop of Lincoln Reported Report about the Officers of the Star-Chamber That the Lords Committees appointed to Consider of the Petition of the Officers of the Star-Chamber have fully heard their Cause and they are of Opinion and do not conceive of any fitter way of Relief for these Poor Officers the King's Servants then to remit them to the King's Mercy that His Majesty would be Graciously pleased to allow a Proportionable Relief for these Poor men out of such Fines as may accrue unto His Majesty in the High Court of Parliament to be apportioned by the Lords of the Committees or otherwise as their Lordships shall be pleased to approve thereof and Order it Upon Report this Day made unto the House by the Right Honourable the Lord Seymour that the difference between the Parishioners of St. Report about the Rioters at St. Thomas the Apostle's in pulling down the Rails Thomas the Apostle complained of to the Lords in Parliament was composed by his Lordship to whom the business was referred It is Ordered by the Lords Spiritual and Temporal in the High Court of Parliament Assembled that the said difference together with the Cause depending before their Lordships shall by virtue of this Order be fully ended and determined and Lastly that John Blackwell shall for himself others Petitioned against forthwith pay unto the Overseers of the Poor of that Parish upon sight hereof to the use of the said Poor the full Summ of ten Pounds of Lawful Money of England and hereof they are not to fail as they will answer to the contrary There being a Report spread abroad that His Majesty intended to send the Lord Digby abroad under some honourable Character Tuesday July 13. and as was said Ambassadour into France his Enemies in the House of Commons being extreamly nettled at it were resolved if possible to set a brand of Infamy upon his Lordship and therefore not content to have disgracefully Expelled him
to give your Lordship many thanks not only for your great care daily exprest of the Army but for your no less vigilancy over the present distracted Estate of this Kingdom particularly for the account given by your Excellency to my Lord Chamberlain of the doubts conceived by your Lordship concerning it and we hope that if the causes of those doubts shall increase that your Excellency will likewise increase both your Vigilancy to discover and your Industry to inform us of all such proceedings as may concern us to be made acquainted with for the Publick Good I am likewise to acquaint your Excellency That to prevent all inconveniencies and dangers that may happen of which we find your Lordship to have already so quick and just a Sence both Houses have joyned to secure Hull as a place of great Importance especially by reason of the Magazine and upon which ill affected Persons may most readily have some design and in pursuance of that Resolution your Lordship will receive Orders from the House of Commons and I am to deliver your Lordship those of the House of Peers That your Lordship command the Major of Hull in the name of both Houses to use all possible care to secure the Town committed to his charge and not to suffer the Arms and Amunition in that Magazine to be disposed of without the Orders of both Houses I shall trouble your Lordship no further but only to desire your Excellency to continue your speed of Disbanding of the Army in the method already Ordered which till it be effected as we are confident it will be so soon as your Lordship can bring it to pass I am commanded to make a part of every Letter which I shall direct to your Excellency Your Excellencies Humble Servant Edward Littleton The time for the 13 Bishops to put in their Answer The Lords fell upon the Debate at what time the Bishops should put in their Answer and iâ— was Ordered That the Lords the Bishops that are Impeached by the House of Commons are to make their Answers thereunto on Thursday come Month being the 16th day of September nexi It was this day Ordered by the Commons 3000 l. Ordered for the Garrison of Portsmouth That Three Thousand Pound shall be paid by the Sheriff of Hampshire out of the Poll-Money to Colonel Goring for the Garrison of Portsmouth The Committee then reported the Case about the Pattent for Soap Monoply of Soap voted Illegal upon which it was Resolved c. That the Patent Indenture Decree and Process in the Star-Chamber about Soap-Boilers is Illegal The Commons having desired a Conference with the Lords Wednesday August 18. Report about putting the Kingdom into a Posture of Defence about putting the Kingdom into a Posture of Defence Mr. Hollis Reports that Conference The Lord Chamberlain told us his Majesty before his going had declared That he would appoint a General for the South Side of Trent and that his Majesty was pleased to nominate him and that since his Majesties going a Commission had been delivered unto him under the Great Seal He apprehended this too great a Burden and knew not what Exception had been taken to the Proceedings of the Lord Lieutenants and Deputy Lieutenants That by this Commission in case of Tumults and Commotions he is to raise Forces and Men for the securing the Person of the Queen the Prince and the rest of the Royal Family He offered these Difficulties That when these Forces were raised he knew not how to levy Money for the Payment of them and besides he is to take a Care if there were an Invasion from Abroad for which he was ill prepared having no Intelligence or Correspondency from Ambassadors Abroad or from the Fleet and so concluded with a desire of Advice from this House Orders concerning the Bishops to prepare for their Answer In order to their Preparation for giving in their Answer It was this day Ordered by the House of Lords That the Bishop of Rochester with one other of the Bishops may have free Access twice unto the Lord Archbishop of Canterbury to speak with him concerning their Answer to the Impeachment brought up against them from the House of Commons for making a Book of Canons c. and they are to speak with the said Archbishop of Canterbury about no other Business It was also Ordered That the Lords the Bishops may Access unto and have Copies of all such Acts and Records as are in any of his Majesties Courts of Justice and Publick Offices which may make for their Defence or Answers to the Impeachments brought against them from the House of Commons Upon what Ground Information or Suspicion it does not appear but it was this day Ordered That Mr. Justice Heyward shall have Power by virtue of this Order Order to search under the Parliament Houses to search before the next Meeting of Parliament at Roseby's House the Tavern and such other Houses and Vaults or Cellars as are under the Vpper House of Parliament that there be no Powder Arms or any other Ammunition as may endanger the Safety of the Houses of Parliament and hereof Account is to be given to this House The Lord Viscount Say and Seal reported the Conferences Yesterday with the House of Commons touching disarming Popish Recusants THat because divers former directions have been frustrated The Result of the Conserence about Disarming Recusants Aug. 18 1641. the House of Commons holds it necessary to add some extraordinary courses at this time for the disarming of Papists there being more then extraordinary cause of danger for effecting whereof It is propounded and desired That Commissioners or Committees may be forthwith sent into the Counties of most danger as Yorkshire Lancashire Cheshire Staffordshire Hampshire and Sussex Authorized by Ordinances of Parliament to see the Papists disarmed in those places That these Committees may examin where the defect hath been that former Orders have not been observed especially in Case of such Papists as are in Power and that they may have direction to give the Oath of Allegiance to such as are justly suspected of Popery That the Commons have informed that divers Recusants have been kept from Conviction by Priviledg of Parliament allowed in the Upper House whereupon it was delivered as the clear Opinion of the House of Commons That no Priviledg of Parliament is to be allowed in this Case of Conviction or Disarming of Recusants for which these Reasons are given 1 That no Priviledg is allowable in Case of the Peace betwixt Private Men much more in Case of the Peace of the Kingdom 2 That Priviledg cannot be Pleaded against an Indictment for any thing done out of Parliament because all Indictments are contra pacem Domini Regis 3 Priviledg of Parliament is granted in regard of the Service of the Common-wealth and is not to be used to the danger of the Common-wealth 4 That all Priviledg of Parliament is in the power
And being demanded whether the Lord Mac-guire was one appointed to this Business he at last said he thought he was William Parsons R. Dillon Ad. Loftus J. Temple Tho. Rotherham R. Meredith The Examination of Richard Grave of Dronibote in the County of Monoghan The Examination and Deposition of Richard Grave concerning the Irish Rebellion Yeoman taken the 25th of October 1641. WHo saith That on Friday last the 22d of this Month a little before Night a Son of Art-Oge Oneal's of the Fues whose Name he knoweth not accompanied with about One hundred of the said Art-Oge's Tenants Armed with Swords Pitchforks and some Muskets came to Dronibote aforesaid to the House of William Grave Brother to the said Richard and having broken down the Doors and Windows of the said House they Rifled it and robbed him of all the Money they could find there and of sundry other Goods which they were able to carry away and when they had so done they came to the House of William Grave the Elder Father to the Examinat and having broken down the Doors of the said House they robbed him of all his Money Linnen and Clothes and sundry other Goods He saith also That the same Night they broke into and robbed the House of Sir Henry Spotswood in the same Town and took from thence all the Money and Plate which they found there as also divers Houshold-Goods and a fair Stone-Horse He saith also That about Twelve a Clock the next Day the same persons came again to the said Town accompanied with Two or Three hundred more and then Robbed and spoiled it of all the rest of the Goods and Chattels which they found and presently after they set fire upon all the Houses there and burnt them to the Ground he saith also That the Goods which his Father and himself and his Brother did lose thereby were worth 500 l. and that he verily believes that the Goods which Sir Henry Spotswood lost thereby were worth 1000 l. at least He saith further That on Friday aforesaid while the said Art-Oge's Son was in this Examinat's Father's House he heard him the said Art-Oge's Son and one Patrick Mac-Cadron of Drombee who was one of them who were then in the Company say That it was but the Beginning but before they had done they would not leave one alive Rich nor Poor who went to Church and saith also That the said Art-Oge's Son and Patrick Mac-Cadron said there That by the next Night Dublin would be too hot for any of the English Dogs to live in James Ware The Proclamation which was set out and dispersed to as many Places as it was possible to give Notice of the Discovery of the Conspiracy was in haec verba The Proclamation of the Lords Justices and Council of Ireland to stop the Rebellion Oct. 23. 1641. By the Lords Justices and Council William Parsons John Borlase THese are to make Known and Publish to all his Majesties good Subjects in this Kingdom of Ireland That there is a Discovery made by Vs the Lords Iustices and Council of a most Disloyal and detestable Conspiracy intended by some Evil Affected Irish Papists against the Lives of Vs the Lords Iustices and Council and many other of his Majesties faithful Subjects Vniversally throughout this Kingdom and for the Seizing not only of his Majesties Castle of Dublin his Majesties principal Fort here but also of all the other Fortifications in the Kingdom and seéing by the great Goodness and abundant Mercy of Almighty God to his Majesty and this State and Kingdom those wicked Conspiracies are brought to Light and some of the Conspirators committed to the Castle of Dublin by Vs by His Majesties Authority so as those wicked and damnable Plots are now disappointed in the Chief Parts thereof We therefore have thought fit hereby not only to make it publickly known for the Comfort of His Majesties Good and Loyal Subjects in all Parts of the Kingdom but also hereby to require them That they do with all Confidence and Chearfulness betake themselves to their own Defence and stand upon their Guard so to render the more Safety to themselves and all the Kingdom besides and that they Advertize Vs with all possible Speéd of all Occurrents which may concern the Peace and Safety of the Kingdom and now to shew fully that Loyalty and Faith which they had always shown for the Publick Services of the Crown and Kingdom which We will value to His Majesty accordingly and a special Memory thereof will be retained for their Advantage in due time and We require That great Care be taken that no Levies of Men be made for Forreign Service nor any Men suffer'd to March upon any Pretence Given at his Majesties Castle at Dublin 23th of October 1641. Robert Dillon Adam Loftus Tho. Rotheram James Ware Robert Digby John Temple Fra. Willoughby Robert Meredith Two private Letters were read sent to the Lord Lieutenant the one from Sir John Borlase one of the Lords Justices of Ireland the other from Sir John Temple declaring the State and Danger which that Kingdom is in if there be not present Supply both of Arms Men and Money from England Likewise the Lord Keeper acquainted the House The Irish Letters Ordered to be opened That the Lords of the Council being informed of the Pacquets of Letters that came this Week from Ireland have sent out their Orders and stayed them and committed them into the Hands of the Gentleman Vsher until their Lordships further Directions be known herein Whereupon the Lord Privy Seal Lord Admiral Lord Chamberlain Earl of Bath Earl of Southampton Earl of Leicester and Earl of Warwick were appointed to be a Committee to open and read such Letters as conduce any thing to the discovery of the Affairs of Ireland and to report the same to this House and to return those which concern Merchants Affairs to the-Post Master to be delivered to the Owners their Lordships or any Seven or more of them to meet when they please and have Power by virtue hereof to divide themselves into several by any four or more as they shall see Occasion In the Commons House after the reading of the above related Papers concerning this Horrid Conspiracy in Ireland the House was resolved into a Committee of the whole House to consider what was to be done upon this Emergency and several Votes were passed for several Heads of a Conference which was Ordered to be desired with the Lords upon this Occasion which the Reader to avoid Repetition will find in the Report of that Conference together with the several Answers of the Lords unto them Among other Votes for a Recompence and Incouragement to Owen ô Connelly the first Discoverer of this Detestable Treason it was Resolved upon the Question A Reward voted to Connelley for discovering the Irish Rebellion That Owen Connelly who discovered this Great Treason in Ireland shall have 500 l. presently paid him and 200 l. per
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
this present of 1000 Men only to be Raised in Scotland to be sent into Ireland The Lord-Keeper being so indisposed that he was not able to come to the House Saturday Novemb. 13. the Lord Privy-Seal was appointed to be the Speaker of the House for this day The Lord Kymbolton then reported some Propositions from the Committees of both Houses for the Irish Affairs which were read as followeth 1. That Officers for 2000 Foot shall be sent c. ut supra in the Votes 2. That it shall be referred to the Lord Lieutenant to make a List of those Officers and to appoint of what numbers each Company shall consist of 3. That the 1300 Arms that are in Carlisle shall be sent away presently to the North Parts of Ireland and Arms for one Troop of Horse 4. That the Forty old Foot Companies be recruited unto 100 Men in a Company 5. That the Recommendation of Sir John Clotworthy to some honourable Entertainment in Ireland be proposed to the Lords 6. That the like Recommendation be for the Lord Dungaruan and for the Command of Youghal this request the Lord Dungaruan desires may be left to the Lord Lieutenant 7. That Officers be sent into Munster for 1000 Foot and 1 Troop of Horse and this was the easier yielded unto because the Lord Dungaruan informed that the Soldiers should receive no Pay till they were ready to March against the Enemy 8. That present Order be taken for securing the Port Towns of Munster as Cork Waterford Limrick Kynsale Youghal Baltimore Slego and Gatway in Connaght because these Towns lie on the South-West of Ireland near Spain 9. That the Officers may be speedily sent for Dublin 10. It is thought fit by the Committees that Sir Simon Harcourt should have the Sallary of 20 s. per diem above the rest for his Command of Dublin 11. That the Entertainments of every Regiment of Foot and the Pay of the Officers of the Army shall be from the Date of their Commissions and Sir Simon Harcourt to go away presently to all which the Lords assented The Lord Newnham reported Lord Newnham's Report of the Venetian Ambassadors receiving the Message from the Lords That himself and the rest of the Lords appointed by this House repaired to the Venetian Ambassador and delivered unto him the Paper Translated into Italian touching the excuse for opening his Letters and after he had read it he presented unto the House great thanks for sending persons of such great place in this State unto him and promised he would represent the same to the State of Venice with as much respect as he could But desired that the Kings Ambassador may be sent away as speedily as may be to Venice in the nature of a special Ambassador to make excuse for this particular Business before he Treat of any Publick Affairs and for prevention of any Accident for the future he desires to have an Order to the Post-Master that his Letters may be speedily sent him Whereupon the House thought fit That the first desire concerning the Ambassador be left to the Pleasure of His Majesty and for the other it was Ordered That such Pacquets and Letters as are or shall be directed to the Venetian Ambassador shall be forthwith delivered up to the said Ambassador's own hands It was this day Ordered That the Earl of Newport Order for bringing up the Ammunition from Hull Master of the Ordnance shall have power by Virtue of this Order to send his Commands and Issue forth Warrants for the bringing up the Magazine of Arms and Ammunition remaining now in Kingston upon Hull unto the Tower of London for the securing of the Kingdom It was also Ordered Order about the L. Lieutenant of Ireland That because the Lord Lieutenant of Ireland hath not been invested in the Formality of his Place by the receiving of the Sword in Ireland That his Lordship shall have power by Virtue of this Order to give Command to the Lords Justices of Ireland to seize upon the persons of any that are suspected until they shall clear themselves unto the said Lords Justices there At a Conference this day the Commons desired That the first six Articles of Instructions to the Commissioners in Scotland to which the Lords had already agreed with some little Alterations as that 10000 Men might be raised in Scotland for the service of Ireland might be speedily sent away by Mr. Pickering and for the remaining Articles touching ill Counsels and Counsellors they desire their Lordships would joyn therein and they will tarry four or five days for their Lordships Resolutions Whereupon the 6 Articles were dictinctly read over again and the House agreed to them all and Resolved to take the rest into Consideration hereafter Then the Petition which was to go along with the Instructions was read in haec verba To the King 's Most Excellent Majesty The Humble Petition of the Lords and Commons in Parliament Most Gracious Soveraign WHereas this Messenger Mr. The Petition to the King in Scotland sent with the Instructions to the Committees Pickering is imployed with Instructions to your Parliament of Scotland our desire of some Aids from that Kingdom for the suppressing of the Rebels in Ireland if it fall out that your Majesty shall be come out of Scotland or our Committees before the Arrival of this Messenger there We humbly beseech your Majesty to give Authority to the said Mr. Pickering to present the said Instructions to the Parliament of Scotland and to bring back their Answer to the Parliament of England Which being read was Approved by the House In the Commons House Sir Thomas Barrington Reports the Answer of the City The Answer of the City about lending Money That the Committee who were Ordered to carry the Letters which came last from Ireland to the City to stir them up to lend Money found a great deal of willingness and readiness in the City to do it the Lord Mayor desired to know the particulars we had in Charge for their security which being made known unto them together with the miserable condition of Ireland Mr. Recorder did very much promote the Business and pressed them to give their Votes but before they did that they desired by way of Prepositions to offer something not by way of Contract to this Honourable House 1. That the Money should be paid as the Act was passed 2. That by reason of the Privilege of the Members of both Houses and by reason of the Protections granted especially by the Lords a vast Sum of Money is detained from them so that Trade cannot be driven nor are they so enabled to lend Money as they desire for the service of the Common-wealth 3. They said they were sensible of the miseries of the Protestants in Ireland and of the Power of the Papists there and therefore did press with much earnestness That the Persons of the Popish Lords and other Persons of Quality here in England
and Burdensom and must be cried out upon as great and insupportable Grievances yea though the things in themselves be never so indifferent of never so long continuance in Use and Practice and never so much desired and affected by others so that where three or four of them be in a Parish though 500 others desire the use and continuance of things long used all must be altered or taken away as Scandals and Grievances for these three or four though to the Offence of many others and what ever they will have introduced must be imposed upon all others and must by all be admitted without Scandal or Offence whereby multitudes of Godly People and well affected are in some things deprived or abridged of what they desire and take comfort in and have had so long and lawful Use and Practise of and other things imposed upon them against their Wills and Liking as if no account were to be made of them or no Liberty of Conscience left unto them Which bold Attempts of some few to arrogate to themselves and to exercise over all others what high Presumptionis it and how great a T yranny may it prove over the Minds and Consciences of Men The great increase of late of Schismaticks and Sectaries and of Persons not only separating and sequestring themselves from the Publick Assembly at Common Prayers and Divine Service but also opposing and tumultuously interrupting others in the performance thereof in the Publick Congregation the frequent and many Conventicles held amongst them and their often Meetings at all publick Conventions of Assizes Sessions Fairs Markets and other publick Assemblies their earnest labouring to sollicit and draw the People to them and the general Correspondence held among them to advance their Ends herein Of these things we cannot but take Notice and must needs express our just Fears that their Desires and Endeavors are to work some great Change and Mutation in the present State of the Church Government and in the Form of the Publick Worship of God and Divine Service and Common Prayers Of the common Grievances of the Kingdom we as others have been and are sensible and do profess that we have just Cause with Joy and Comfort to remember and with thankfulness to acknowledg the pious Care which is already taken for the Suppressing of the Growth of Popery the better supply of able and painful Ministers and the removing of all Innovations and we doubt not but in your great Wisdoms you will regulate the Rigor and Exorbitancy of the Ecclesiastical Courts to suit with the Temper of our Common Laws and the Nature and Condition of Freemen and we hope and humbly Pray that the present Form of Church Government and of Church Service and Common Prayers now Established by the Statutes of this Kingdom shall be setled and that all such as shall oppose themselves against the same or shall do or speak any thing in derogation or depraving of the said Divine Service or Book of Common Prayer may without any further Tolleration or Connivence undergo the Pains Punishment and Forfeitures due therefore and that such Care shall be taken for placing of Orthodox and Peaceable Men Lecturers in all Places whose Doctrine may tend rather to sound Instructions and Edification than lead to Schism and Faction All which We humbly Submit to your great Judgments and shall pray to God to assist and direct you from above with his heavenly Wisdom to guide and bring all your Consultations to happy Conclusions In the Commons House the Message concerning the Priests was delivered by Sir John Culpeper A Committee was appointed to prepare an Order to be presented to the House of Lords whereby the Commissioners for the Treasury may be enjoyned not to dispose of the Money received or to be received upon the Bill of Tonnage and Poundage till provision be made out of the same for the defence of the Narrow Sea Thus did they by the late Bill of Tonnage and Poundage make such a Present to His Majesty as the Biscainers do to the King of Spain when he comes into that Province who present him with a Bag of Money upon the Top of a Lance but withal inform him that he must not meddle with it The Committee which was appointed to draw up the Instructions for the Commissioners to Treat with the Scottish Lords were also Ordered To prepare Heads for a Conference with Reasons to be delivered to the Lords to induce them to joyn with this House to move His Majesty to declare that a Toleration of Religion may not be granted to the Rebels in Ireland nor in any of His Majesties Dominions This was another of those invidious Insinuations by which under a pretence of great Zeal to the Protestant Religion they did not only secretly Calumniate His Majesty as a favourer of Popery but by putting the Rebels out of all hopes of Liberty or Connivence for their Religion was one of the things which contributed to render them more desperate and to drive on the Rebellion to the utmost Extremity Thursday Decemb. 9. Message of Commons to the Lords concerning Instructions to treat with Scots for Ireland Lords Resolution upon it to acquaint the King A Message was this day brought from the House of Commons by Mr. Pym to let their Lordships know That the Commons do agree to the Addition which their Lordships made to the Instructions sent down to them Yesterday and they desire this Addition and those Instructions brought up Yesterday from the House of Commons may be annexed to the Commission Upon this the House of Lords agreed That all the Instructions shall be presented to the King and to this purpose the Earl of Bedford and the Lord Howard of Escrick were appointed presently to attend the King with them for his approbation The Earl of Bedford Returning Reported The King approves them That he had acquainted the King with the Instructions to be given to the Commissioners of both Houses who are to Treat with the Scots Commissioners and that the King after he had read them approved of them and said He would send by His Secretary to the Lord Keeper with Directions that they may be annexed to the Commission After which it was Ordered Committee for Scandalous Pamphlets revived That the Committee appointed to consider of the Printing of unlawful Books and Pamphlets shall meet on Monday next at Eleven of the Clock and that the Lord Privy Seal Lord Wharton and Lord Bruce be added to the said Committee for Printing It was this day Ordered That James Watts License to several Persons to raise Recruits for the English Captains in the Dutch Service Ensign unto the Company of Captain Francis Gregory shall have Power by Virtue of this Order to Entertain and Transport into the Low Countries for the Service of the States of Holland the number of 300 Men by way of Recruits according to former Liberty granted by His Majesty for the supplying of the said