THE DECLARATION OR REMONSTRANCE OF The Lords and Commons, in PARLIAMENT assembled. With divers depositions and Letters thereunto annexed. Die Jovis 19 Maii. 1642. It is this day ordered by the Lords and Commons in Parliament assembled, that this Declaration, together with the Depositions, shall be forthwith printed and published. Jo: Browne, Cleric. Parliamen. LONDON, Printed for Joseph Hunscott and John Wright. 1642. A DECLARATION OF BOTH HOUSES OF PARLIAMENT. THe infinite mercy, and providence of the Almighty God hath been abundantly manifested since the beginning of this Parliament, in great variety of protections and blessings whereby he hath not only delivered us from many wicked Plots, and designs, which if they had taken effect would have brought ruin, and destruction upon this kingdom; but out of those attempts hath produced divers evident, and remarkable advantages to the furtherance of those services, which we have been desirous to perform to our sovereign Lord the King, and to this Church and State in providing for the public peace, and prosperity of his Majesty, and all his realms: which in the presence of the same all-seeing deity, we protest to have been, and still to be the only end of all our counsels and endeavours, wherein we have resolved to continue freed, and enlarged from all private aims, personal respects or passions whatsoever. In which resolution we are something discouraged, although the heads of the malignant party disappointed of that prey, the Religion and liberty of this kingdom, which they were ready to seize upon, and devour before the beginning of this Parliament, have still persisted by new practices, both of force and subtlety, to recover the same again: for which purpose they have made several attempts for the bringing up of the Army; they afterwards projected the false accusation of the Lord Kimbolton, and the five members of the House of Commons, which being in itself of an odious nature, they yet so far prevailed with his Majesty as to procure him to take it upon himself, but when the unchangeable duty and faithfulness of the Parliament could not be wrought upon by such a fact as that, to withdraw any part of their reverence and obedience from his Majesty, they have with much art, and industry advised his majesty to suffer divers unjust scandals, and imputations upon the Parliament, to be published in his name, whereby they might make it odious to the people, and by their help to destroy that, which hitherto hath been the only means of their own preservation. For this purpose they have drawn his Majesty into the Northern parts far from the Parliament, that so false rumours might have time to get credit, and the ●ust defences of the Parliament find a more tedious, difficult, and disadvantageous access, after those false imputations and slanders had been first rooted in the apprehension of his Majesty, and his Subjects, which the more speedily to effect, they have caused a press to be transported to York, from whence several papers, and writings of that kind are conveyed to all parts of the kingdom, without the authority of the great seal, in an unusual and illegal manner, and without the advice of his majesty's Privy counsel; from the greater, and better part whereof having withdrawn himself, as well as from his great council of parliament, he is thereby exposed to the wicked and unfaithful counsels of such as have made the wisdom, and justice of the Parliament dangerous to themselves, and this danger they labour to prevent by hiding their own guilt, under the name and shadow of the King: infusing into him their own fears, and as much as in them lies, aspersing his royal person and honour with their own infamy, from both which it hath always been as much the care as it is the duty of the Parliament, to preserve his Majesty, and to fix the guilt of all evil act●ons and counsels, upon those who have been the authors of them. Amongst divers writings of this kind, we the Lords and Commons in Parliament, have taken into our consideration two printed papers; the first containing a declaration which they received from his majesty in answer of that which was presented to his Majesty from both Houses of Parliament at Newmarket the ninth of March. 1641. The other his majesty's answer to the petition of both Houses presented to his Majesty at York the 26 of March. 1642. Both which are filled with harsh censures, and causeless charges upon the Parliament concerning which we hold it necessary to give satisfaction to the kingdom, seeing we find it very difficult to satisfy his Majesty, who to our great grief, we have found to be so engaged to, and possessed by those misapprehensions which evil counsellors have wrought in him, that our most humble and faithful Remonstrances, have rather irritated and imbittered, than any thing allayed or mitigated the sharp expressions which his Majesty hath been pleased to make in answer unto them, for the manifestation whereof, and of our own innocency, we desire that all his majesty's loving Subjects may take notice of these particulars. We know no occasion given by us which might move his Majesty to tell us that in our declaration presented at Newmarket, there were some expressions different from the usual language to Princes. Neither did we tell his majesty either in words or in effect, that if he did not join with us in an Act which his majesty conceived might prove prejudicial, and dangerous to himself, and the whole kingdom, we would make a Law without him, and impose it upon the people. That which we desired, was, that in regard of the imminent danger of the kingdom, the Militia, for the security of his Majesty, and his people, might be put under the command of such noble and faithful persons, as they had all cause to confide in, and such was the necessity of this preservation, that we declared, that if his Majesty should refuse to join with us therein, the two Houses of Parliament being the supreme Court and highest council of the kingdom, were enabled by their own authority to provide for the repulsing of such imminent, and evident danger, not by any new Law of their own making as hath been untruly suggested to his Majesty, but by the most ancient Law of this Kingdom, even that which is fundamental and essential to the constitution and subsistence of it. Although we never desired to encourage his Majesty to such replies as might produce any contestation betwixt him and his Parliament, of which we never found better effect, than loss of time, and hindrance of the public affairs; Yet We have been far from telling him of how little value his words would be with us, much less when they are accompanied with actions of Love and Justice, His Majesty hath more reason to find fault with those wicked counsellors, who have so often bereaved him of the honour, and his people of the fruit, of many gracious Speeches, which he made to them, such as those in the end of the last parliament; That in the word of a King, and as he was a Gentleman he would redress the grievances of his People as well out of Parliament as in it, were the searching the Studies and Chambers, yea, the Pockets of some, both of the Nobility, and Commons the very next day; The Commitment of Master Bellasis, Sir John Hotham, and Master Crew, the continued oppressions by Ship money, Coat and Conduct money, with the manifold imprisonments, and other vexations thereupon, and other ensuing violations of the laws and Liberties of the kingdom, (all which were the effects of evil counsel, and abundantly declared in our general Remonstrance of the State of the kingdom) actions of love and Justice, suitable to such words as those. As gracious was his majesty's Speech in the beginning of this Parliament; That he was resolved to put himself freely, and clearly upon the Love and affection of his English Subjects, whether his causeless complaints and jealousy, the unjust imputations so often cast upon his Parliament, his denial of their necessary defence by the Ordinance of the Militia, his dangerous absenting himself from his great council, like to produce such a mischievous division in the kingdom have not been more suitable to other men's evil counsels then to his own words, will easily appear to any indifferent Judgement. Neither have his latter speeches been better used, and preserved by these evil and wicked counsellors: could any words be fuller of Love, and Justice than those in his answer to the Message sent, to the House of Commons the 31th of December 1641. We do engage unto you solemnly the word of a King that the security of all, and every one of you from violence, is and ever shall be as much our care, as the preservation of Us and our children, and could any actions be fuller of injustice and violence then that of the Attorney general, in falsely accusing the six Members of Parliament, and the other proceedings thereupon, within three or four days after that Message, for the full view whereof let the declaration made of those proceedings be perused, and by those instances (we could add many more) Let the world Judge, who deserves to be taxed with disvalewing his majesty's Words, they who have as much as in them lies, stained and sullied them with such foul counsels, or the Parliament, who have ever manifested with joy, and delight their humble thankfulness for those gracious words, and actions of love, and Justice, which have been conformable thereunto. The King is pleased to disavow the having any such evil counsel or Counsellors as are mentioned in our Declaration to his knowledge, and we hold it our duty, humbly to avow there are such, or else we must say, that all the ill things done of late in his majesty's name, have been done by himself, wherein we should neither follow the direction of the Law nor the affection of our own hearts; which is as much as may be to clear his majesty from all imputation of misgovernment, and to lay the fault upon his Ministers; the false accusing of six members of Parliament, the Justifying Mr. Attorney in that false accusation, the violent coming to the house of Commons, the denial of the Militia, the sharp Messages to both houses, contrary to the customs of former Kings, the long and remote absence of his majesty from Parliament; the heavy and wrongful taxes upon both houses, the Cherishing and countenancing a discontented party in the kingdom against them, these certainly are the fruits of very ill counsel, apt to put the kingdom into a Combustion, to hinder the supplies of Ireland, and to countenance the proceedings and pretententions of the rebels there, and the Authors of these evil counsels, we conceive must needs be known to his Majesty, and we hope our labouring with his Majesty, to have these discovered, and brought to a just censure, will not so much wound his honour in the opinion of his good Subjects, as his labouring to preserve and conceal them. And whereas his majesty saith, he could wish that his own immediate Actions which he avows on his own honour, might not be so roughly censured under that Common style of evil Counsellors: we could also heartily wish that we had not cause to make that stile so Common, but how often and undutifully soever these wicked Counsellors fix their dishonour upon the King, by making his Majesty the author of those evil actions, which are the effects of their own evil counsels; We his majesty's loyal and dutiful subjects can use no other stile according to that maxim in the Law, the King can do no wrong, but if any ill be committed in matter of state, the council; if in matters of justice, the Judges must answer for it. We lay no charge upon his majesty, which should put him upon that apology, concerning his faithful and zealous affection of the protestant profession; Neither doth his majesty endeavour to clear those, in greatest authority about him, by whom (We say) that design hath been potently carried on for divers years, and we rather wish that the mercies of heaven then the Judgements may be manifested upon them, but that there have been such, there are so plentiful and frequent evidences, that we believe there is none either protestant or Papist, who hath had any reasonable view of the passages of latter times, but either in fear or hope, did expect a sudden issue of this design. We have no way transgressed against the Act of Oblivion, by remembering the intended war against Scotland, as a Branch of that design to alter religion, by those wicked counsels, from which God did then deliver us, which we ought never to forget. That the Rebellion in Ireland was framed and cherished by the Popish and Malignant party in England, is not only affirmed by the rebels, but may be cleared by many other proofs; The same Rebellious principles of pretended Religion, the same politic ends are apparent in both, and their malicious designs and practices are masked, and disguised with the same false colour of their earnest zeal to vindicate his majesty's prerogative from the supposed oppression of the Parliament, how much these treacherous pretences have been countenanced by some evil counsel about his majesty may appear in this, that the Proclamation, whereby they were declared traitors was so long withheld as to the second of January, though the Rebellion broke forth in October before, and then no more but forty copies appointed to be printed, with a special command from his majesty not to exceed that number, and that none of them should be published till his majesty's pleasure were further signified, as by the warrant appears, a true copy whereof is hereunto added, So that a few only could take notice of it, which was made more observable, by the late contrary proceedings against the Scots; who were in a very quick and sharp manner proclaimed, and those proclamations forthwith dispersed, with as much diligence as might be thorough all the kingdom, and ordered to be read in all Churches, accompanied with public prayers and execrations; another evidence of favour, and countenance to the rebels in some of power about his majesty is this, that they have put forth in his majesty's name, a causeless complaint against the Parliament; which speaketh the same language of the Parliament which the rebels do, thereby to raise a belief in men's minds, that his majesty's affections are alienated, as well as his person is removed from that his great council, All which doth exceedingly retard the supplies of Ireland, and more advance the proceedings of the rebels, than any jealousy or misapprehension begotten in his Subjects, by the declaration of the rebels. Injunction of Rossetti, or information of Trestram Whitcombe, so that considering the present state and temper of both kingdoms, his royal presence is far more necessary here, than it can be in Ireland, for redemption or protection of his Subjects there. His majesty not charged with intention of any force. And whether there be any cause of his majesty's great indignation for being reproached to have intended force or threatening to the Parliament: We desire them to consider who shall read our declaration in which there is no word tending to any such reproach, and certainly we have been more tender of his majesty's honour in this point, than he whosoever he was that did write this declaration, where in his majesty's name, he doth call God to witness, he never had any such thought or knew of any such resolution of bringing up the Army, which truly, will seem strange to those, who shall read the deposition of Master Goring, Information of Master Percy, and divers other examination of Master Wilmot; Master Pollard and others, the other examinations of captain Legg, Sir Jacob Ashley, Sir John connyer's, and consider the condition and nature of the Petition, which was sent unto Sir Jacob Ashley, under the approbation of C. R. which his Majesty doth now acknowledge to be his own hand, and being full of scandal to the Parliament, might have proved dangerous to the whole kingdom, if the Army should have interposed betwixt the King and them, as was desired. We do not affirm that his majesty's warrant was granted for the Passage of Master Jermine, Mr. Jermins' esescape by his majesty's warrant. after the desire of both houses for restraint of his Servants, but only that he did pass over after that restraint by virtue of such a warrant. We know the warrant bears date the day before our desire, yet it seems strange to those who know how great respect and Power Mr. Jermiae had in Court, that he should begin his Journey in such haste, and in apparel so unfit for travail, as a black satin suit, and White Boötes, if his going away were designed the day before. The Accusation of the Lord Kimbolton, Accusation of the Lo. Kimbolton &c. and the five members of the house of Commons is called a breach of privilege, and truly so it was, and a very high one, far above any satisfaction that hath been yet given, how can it be said to be largely satisfied, so long as his majesty laboured to preserve Mr. Attorney from punishment; who was the visible Actor in it, so long as his Majesties hath not only justified him, but by his letter declared, that it was his duty to accuse them, and that he would have punished him, if he had not done it, So long as those members have not the means of clearing their Innocency, and the Authors of that malicious charge undiscovered, though both houses of Parliament have several times petition his majesty to discover them, & that not only upon grounds of Common Justice, but by Act of Parliament; his majesty is bound to do it, so long as the King refuseth to pass a Bill for their discharge, alleging that the Narrative in that Bill, is against his honour, whereby he seems still to avow the matter of that false, and scandalous accusation, though he deserts the prosecution, offering to pass a Bill for their acquittal, yet with intimation that they must desert the avowing their own innocency, which would more wound them in honour, then secure them in Law. And in vindication of this great privilege of Parliament, we do not know that we have invaded any privilege belonging to his majesty, as is alleged in this declaration. But we look not upon this only in the Notion of a breach of privilege, which might be, though the accusation were true, of false, but under the Notion of a heinous crime, in the attorney and all other Subjects, who had a hand in it, a Crime against the law of nature, against the rules of justice, that innocent men should be charged with so great an offence as Treason, in the face of the highest judicatory of the kingdom, whereby their lives and estates, their blood and honour are endangered, without witness, without evidence, without all possibility of reparation, in a legal Course, yet a crime of such a nature, that his majesty's command can no more warrant, than it can any other Act of injustice. it is true that those things which are evil in their own nature, such as a false testimony or false accusation, cannot be the subject of any Command, or induce any obligation of obedience upon any man, by any authority whatsoever, therefore the attorney in this case, was bound to refuse to execute such a command, unless he had had some such evidence or Testimony as might have warranted him against the parties, and belyable to make satisfaction if it should prove false, and it is sufficiently known to every man, and adjudged in Parliament, that the King can be neither relater, informer nor witness, if it rest as it is without further satisfaction, no future Parliament can be safe, but that the members may be taken, and destroyed at pleasure, yea the very principles of government, and Justice will be in danger to be dissolved. We do not conceive that numbers do make an assembly unlawful, Tumultuous numbers. but when either the end or manner of their Carriage, shall be unlawful, divers just occasions might draw the Citizens to Westminster, where many public and private Petitions, and other Causes were depending in Parliament, and why that should be found more faulty in the Citizens, than the resort of great numbers every day in the term to the ordinary Courts of Justice we know not; that those Citizens were notoriously provoked and assaulted at Westminster, by colonel Limsford, captain Hide, with divers others, and by some of the servants of the Archbishop of York is sufficiently proved, and that afterward they were more violently wounded and most barbarously mangled with Swords by the Officers and soldiers near White-hall, many of them being without weapons, and giving no cause of distaste, as is likewise proved by several testimonies, but of any scandalous or seditious misdemeanours of theirs, that might give his Majesty good cause to suppose his own person or those of his royal Consort, or Children to be in apparent danger, we have had no proof ever offered to either House, and if there had been any complaint of that kind, it is nor doubt the Houses would have been as forward to join in an order for the suppressi●g of such Tumults as they were, not long before upon another occasion when they made an order to that purpose. Whereas those Officers and soldiers which committed that violence upon so many of the Citizens at Whitehall, were cherished and fostered in his majesty's House, and when not long after, the Common council of London presented a Petition to his Majesty, for reparation of those injuries, his majesty's Answer was (without hearing the proof of the complainants) that if any Citizen were wounded or ill entreated, his Majesty was confidently assured, that it happened by their own evil and corrupt demeanours. We hope it cannot be thought contrary to the du●y and wisdom of a Parliament, if many concurring and frequently reitterated and renewed advertizements from Rome, Venice, Paris, and other parts, if the solicitation of the Pope's Nuntio and our own discontented fugitives, do make us jealous and watchful for the safety of the State. And We have been very careful to make our expressions thereof, so easy and so plain, to the capacity and understanding of the people, that nothing might justly stick with them, with reflection upon the Person of his Majesty. Wherein We appeal to the judgement of any indifferent person, who shall read and peruse our own Words. We must maintain the ground of our fears, to be of that moment, that We cannot discharge the trust and duty which lies upon us, unless we do apply ourselves to the use of those means, to which the Law hath enabled us in cases of this nature, for the necessary defence of the Kingdom, and as his Majesty doth graciously declare the Law shall be the Measure of his power, so do We most heartily profess, that We shall always make it the rule of our obedience. Prudent omissions in the Answer. The next point of our Declaration was with much caution artificially passed over by him who drew his majesty's Answer, it being indeed the foundation of all our misery and his majesty's trouble, that he is pleased to hear general taxes upon his Parliament, without any particular charge to which they may give satisfaction, & that he hath often conceived displeasure against particular persons upon misinformation, & although those informations have been clearly proved to be false, yet he would never bring the accusers to question, which layeth an impossibility upon honest men of clearing themselves, and gives encouragement unto false and unworthy persons to trouble him with untrue and groundless informations. Three particulars we mentioned in our Declaration, which the Penner of that Answer had good cause to omit: the words supposed to be spoken at Kensington, the pretended Articles against the Queen, and the groundless accusation of the six Members of the Parliament, there being nothing to be said in defence or denial of any of them Concerning his M●●●sties desire to join with his Parliament, and with his faithful subjects in defence of Religion, and public good of the kingdom; we doubt not but he will do it fully when evil Counsellors shall be removed from about him, & until, that be, as we showed before of words, so must we also say of Law●●, that they cannot secure us; witness the Petition of Right, which was followed with such an inundation of illegal taxes that we had ●ust cause to think that the payment of eight hundred and twenty thousand pounds was an easy burden to the commonwealth in exchange of them, and we cannot but justly think that if there be a continuance of such ill Cou●sel●ors and favour to them, they will by some wicked device or other, make the Bill for the Trien 〈…〉 Parliament, and those other excellent laws mentioned in his majesty's Declaration, of less value than words. That excellent Bill for the continuance of this Parliament was so necessary, that without it we could not have raised so great sums of money for the 〈◊〉 of his Ma●esty & the commonwealth as we have don● and without which the ruin and destruction of the Kingdom must needs have followed. And we are resolved, the gracious favour of his majesty expressed in that Bill, and the advantage and security which thereby we have from being dissolved shall not encourage us to do any thing, which otherwise had not been fit to have been done. And we are ready to make it good before all the world, that although his majesty, hath passed man● Bills very advantageous for the Subject yet in none of them have we bereaved his majesty of any just, necessary, or profitable Prerogative of the crown. We so earnestly desire his majesty's return to London that upon it, we conceive depends the very safety and being of both his kingdoms. And therefore we must protest, that as for the time past, neither the government of London, nor any laws of the Land, have lost their life and force for his security; So for the future, we shall be ready to do or say anything that nay stand with the duty or honour of a Parliament, which may raise a mutual confidence betwixt his majesty and us, as we do wish, and as the affairs of the kingdom do require. Thus far the Answer to that which is called his majesty's Declaration hath led us, now we come to that which is entitled his majesty's Answer to the Petition of both Houses, presented to him at York. the 26 of March, 1642. In the beginning whereof, his majesty wisheth that 〈◊〉 Privileges on all parts we so Stired, that this way of correspondency might be preserved, with that freedom which hath been used of old; we know nothing introduced by us, that gives any impediment hereunto, neither have we affirmed our privileges to be broken, when his majesty denies us any thing, or gives a reason why he cannot grant it, or that those who advised such denial were enemies to the peace of the kingdom, and favourers of the Irish Rebellion, in which aspersion, that is turned into a general asersion, which in our Votes is applied to a particular case, wherefore we must maintain our Votes, that those who advised his majesty to contradict that which in both Houses in the Question concerning the Militia, had declared to be Law, and command it should not be obeyed, is a high breach of privilege, and that those who advised his majesty to absent himself from his Parliament, are enemies to the peace of the kingdom, and justly to be suspected to be favourers of the Rebellion in Ireland the reasons of both are evident, because in the first, there is as great a derogation from the trust and authority of Parliament; and in the second, as much advantage to the proceedings and hopes of the Rebels, as may be, and we hold it a very causeless imputation upon the Parliament, that we have herein any way impeached, much less taken away the freedom of his majesty's Vote, which doth not import a liberty for his Majesty to deny any thing, how necessary soever for the preservation of the kingdom, much less a Licence to evil Counsellors, to advise any thing though never so destructive to his Majesty, and his people. By the Message of the twentieth of January, his Majesty did propound to both Houses of Parliament, that they would with all speed fall into a serious consideration of all those particulars which they thought necessary as well for the upholding and maintaining his majesty's just and regal authority, and for the settling his Revenue, as for the present and future establishing our privileges, the free and quiet enjoying our estates, the Liberties of our Persons, the security of the true Religion professed in the Church of England, and the settling of Ceremonies in such a manner as may take away all just offence, and to dig●st it into one entire body. To that point of upholding and maintaining his royal authority, We say nothing hath been done to the prejudice of it, that should require any new provision; To the other of settling the revenue, the Parliament hath no way abridged or disordered his just revenue, but it is true that much wast and confusion of his majesty's estate hath been made by those evil and unfaithful Ministers whom he hath employed in the managing of it, whereby his own ordinary expenses would have been disappointed, and the safety of the kingdom more endangered, if the Parliament had not in some measure provided for his Household, and for some of the Forts, more than they were bound to do, and they are still willing to settle such a revenue upon his majesty as may make him live Royally, plentifully and safely, but they cannot in wisdom and fidelity to the commonwealth, do this, till he shall choose such counsellors and Officers as may order and dispose it to the pablicke good, and not apply it to the ruin and destruction of his people as heretofore it hath been, but this and the other matters concerning ourselves, being works of great importance, and full of intricacy, will require so long a time of deliberation, that the kingdom might be ruined before we should effect them, wherefore We thought it necessary, first to be suitors to his majesty so to order the Militia, that the kingdom being secured, we might with more case and safety apply ourselves to debate of that Message wherein We have been interrupted by his majesty's denial of the Ordinance concerning the same, because it would have been in vain for Us to labour in other things, and in the mean time to leave ourselves naked to the malice of so many enemies, both at home and abroad, yet We have not been altogether negligent of those things which his majesty is pleased to propound in that Message, We have agreed upon a book of Rates in a larger Proportion than hath been granted to any of his majesty's Predecessors, which is a considerable support of his majesty's public charge, and have likewise prepared divers Propositions and Bills for preservation of our Religion and liberties, whi●h we intend shortly to present to his majesty, and to do whatsoever is fit for Us to make up this unpleasant breach betwixt his majesty and the Parliament. Whereas divers exceptions are here taken concerning the Militia, first, that his majesty, never denied the thing, but accepted the persons, (except for Corporations) only that he denied the way, to which We answer, that that exception takes off London, and all other great towns and Cities, which makes a great part of the kingdom, and for the way of Ordinance it is ancient, more speedy, more easily alterable, and in all these and other respects, more proper and more applicable to the present occasion, than a bill, which his majesty calls the only good old way of imposing upon the subjects, It should seem that neither his majesty's royal Predecessors, nor our Ancestors, have heretofore been of that opinion, 37 Ed. 3. We find this Record: the chancellor made declaration of the Challenge of the Parliament, the King desires to know the griefs of his Subjects, and to redress inormities, The last day of the Parliament the King demanded of the whole Estates, whether they would have such things as they agreed on, by way of Ordinance or Statute, who answered by way of Ordinance, for that they might amend the same at their pleasures, and so it was. But his majesty objects further, that there is somewhat in the preface, to which he could not consent with Justice, to his honour and innocence, and that thereby he is excluded from any power in the disposing of it: these objections may seem somewhat, but indeed will appear nothing, when it shall be considered, that nothing in the Preamble lays any charge upon his majesty, or in the body of the Ordinance, that excludes his royal Authority in the disposing or execution of it, But only it is provided that it should be signified by both Houses of Parliament, as that channel through which it will be best derived, and most certainly, to those ends for which it is intended, and let all the world judge, whether we have not reason to insist upon it, that the strength of the kingdom should rather be ordered according to the direction or advice of the great council of the Land, equally entrusted by the King and by the kingdom, then that the safety of the King, Parliament and kingdom should be left at the devotion of a few unknown counsellors, many of them not entrusted at all by the King in any public way, nor at all confided in by the kingdom. We wish the danger were not imminent, or not still continuing, but cannot conceive that the long time spent in this debate is evidence sufficient, that there was no such necessity or danger, but a Bill might easily have been prepared, for when many causes do concur to the danger of a State, the interruption of any one may hinder the execution of the rest, and yet the design be still kept on foot for better opportunities: who knows whether the ill success of the Rebels in Ireland hath not hindered the insurrection of the Papists here? whether the preservation of the six Members of the Parliament, falsely accused, hath not prevented that plot of the breaking the neck of the Parliament, of which we were informed from France, not long before they were accused? yet since his majesty hath been pleased to express his pleasure, rather for a Bill than an Ordinance, and that he sent in one for that purpose, we readily entertained it, and with some small and necessary alterations, speedily passed the same: But contrary to the custom of Parliament, and our expectation grounded upon his majesty's own invitation of us to that way, and the other reasons manifested in our Declaration, concerning the Mili●ia, of the fifth of May, instead of his royal assent, we met with an absolute refusal. If the matter of these our Votes, 15, and 16 of March, be according to Law, we hope his majesty will allow the subjects to be bound by them, because he hath said he will make the Law the Rule of his Power, and if the question be whether that be Law which the Lords and Commons have once declared to be so, who shall be the judge? Not his majesty, for the King judgeth not of matters of Law, but by his Courts, and his Courts, though sitting by his authority, expect not his Assent in matters of Law, not any other Courts, for they cannot judge in that case because they are inferior, no appeal lying to them from Parliament, the judgement whereof is in the eye of the Law, the King's judgement in his highest Court, though the King in his person be neither present nor assenting thereunto. The Votes at which his majesty takes exceptions are these▪ I. That the King's absence so far remote from the Parliament, is not only an obstruction, but may be a destruction to the Affairs of Ireland. II. That when the Lords and Commons shall declare what the Law of the Land is, to have this not only questioned, and controverted, but contradicted, and a command that it should not be obeyed, is a high breach of the privilege of Parliament. III. That those persons that advised his majesty to absent himself from the Parliament, are enemies to the Peace of the kingdom, and justly may be suspected to be favourers of the Rebellion in Ireland. That the kingdom hath been of late, and still is in so eminent danger both from enemies abroad, and a Popish and discontented party at home, that there is an urgent and inevitable necessity of putting his majesty's subjects into a posture of defence, for the safeguard both of his majesty, and his people, That the Lords and Commons fully apprehending this danger, and being sensible of their own duty, to provide a suitable prevention, have in several Petitions addressed themselves to his majesty, for the ordering and disposing the Mi●itia of the kingdom, in such a way as was agreed upon by the wisdom 〈…〉 House to be most effectual and proper for the present exigents of the kingdom, yet could not obtain it, but his majesty did several times refuse to give his royal Assent thereunto. That in this case of extreme danger, and his majesty's refusal the Ordinance of Parliament agreed upon by both Houses for the Militia, doth oblige the people, and aught to be obeyed ny the fundamental laws of this kingdom. By all which it doth appear that there is no Colour of this Ta●, that we go about to introduce a new Law, much less to exercise an arbitrary power, but indeed to prevent it, for this Law is as old as the kingdom. That the kingdom must not be without a mean●s to preserve itself, which that it may be done without confusion this Nation hath entrusted certain hands with a Power to provide in an orderly and regular way, for the good and safety of the whole, which power, by the Constitution of this kingdom, is in his majesty, and in his Parliament together, yet since the Prince being but one person, is more subject to a●cidents of nature and chance, whereby the commonwealth may b●e deprived of the fruit of that trust which was in part reposed in him, in cases of such necessity, that the kingdom may not be enforced presently to return to its first principle, and every man left to do what i● aright in his own eye, without either guide or rule, The Wis●dome of this State hath entrusted the Houses of Parliament with a power to supply what shall be wanting on the part of the Prince, as is evident by the constant custom and practice thereof; in cases of nonage, natural disability, and captivity, and the like reason doth and must hold for the exercise of the same power in such cases, where the royal trust cannot be, or is not discharged, and that the kingdom runs an evident and imminent danger thereby▪ which danger, having been declared by the Lords and Commons in Parliament, there needs not the authority of any person or Court to affirm; nor is it in the power of any person or Court to revoke that judgement. We know the King hath ways enough in his ordinary Courts of justice to punish such seditious Pamphlets and Sermons as are any way prejudicial to his Rights, Honour, & authority; and if any of them have been so insolently violated and vilified, his Majesties own council and Officers have been too blame, and not the Parliament; we never did restrain any proceedings of that kind in other Courts, nor refuse any fit complaint to us. The Protestation Protested was referred by the Commons House to a Committee, and the Author being not produced, the Printer committed to prison, and the book voted by that Committee, to be burnt; but Sir Edward Dcering who was to make that report of the Votes of that Committee, neglected to make it; The Apprentizes Protestation was never complained of, but the other seditious Pamphlet, To your Tents oh Israel was once questioned and the full prosecution of it was not interrupted by any fault of either House, whose forwardness to do his Majesty all right, therein may plainly appear, in that a Committee of Lords and Commons was purposely appointed to take such informations as the King's council should present, concerning seditious words, practices or tumults, Pamphelets or Sermons, tending to the derogation of his majesty's Rights, or Prerogative; and his council were enjoined by that Committee, to inquire and present them, who several times met thereupon, and received this Answer and Declaration from the King's council, that they knew of no such thing as yet. If his Majesty had used the service of such a one in penning this Answer, who understood the laws, and government of this kingdom, he would not have thought it legally in his power to deny his Parliament a guard, when they stood in need of it, since every ordinary Court hath it; neither would his majesty, if he had been well informed of the laws, have refused a guard as they desired, it being in the power of inferior Courts to command their own guard, neither would he have imposed upon them such a guard under a Commander, which they could not confide in; which is clearly against the privileges of Parliament, and of which they found very dangerous effects, and therefore desired to have it discharged; But such a guard and so commanded, as the Houses of Parliament desired, they could never obtain of his majesty, and the placing of a guard about them contrary to their desire, was not to grant a guard to them, but in effect to set one upon them: All which considered, we believe in the judgements of any indifferent persons, it will not be thought strange if there were a more than ordinary resort of people at Westminster, of such as came willingly of their own accord to be witnesses and helpers of the safety of them whom all his majesty's good subjects are bound to defend from violence and danger: or that such a concourse as this, they carrying themselves quietly and peaceably (as they did) ought in his majesty's apprehension, or can in the interpretation of the Law, be held tumultuary and seditious. When ●as majesty in that question of violation of the Laws had expressed the observation of them indefinitely without any limitation of time, although we never said or thought any thing that might look like a reproach to his majesty, yet we had reason to remember that it had been otherwise; lest we should seem to desert our former Complaints and proceedings: thereupon as his majesty doth seem but little to like or approve of them: for although he doth acknowledge here that great mischief that grew by that arbitrary power then complained of, yet such are continually preferred and countenanced as were friends or favourers, or related unto the chief Authors and Actors of that arbitrary Power, and of those false colours, suggestions of imminent danger and necessity, whereby they did make it plausible unto his majesty; and on the other side, such as did appear against them, are daily discountenanced and disgraced: which whilst it shall be so, we have no reason to judge the disease to be yet killed and dead at root; and therefore no reason to bury it in oblivion. And whilst we behold the spawns of those mischievous Principles, cherished and fostered in that new generation of counsellors, friends and Abettors of the former, or at least concurring with them in their malignancy against the proceedings of this Parliament, we cannot think ourselves secure from the like or a worse danger. And here the Penner of this Answer bestows an admonition upon the Parliament, bidding us take heed we fall not upon the same error, upon the same suggestions: but he might have well spared this, till he could have showed wherein we had exercised any power otherwise then by the rule of the Law, or could have found a more authentic or a higher Judge in matters of Law, than the high Court of Parliament. It is declared in his majesty's name, that he is resolved to keep the rule himself, and to his power to require the same of all others: we must needs acknowledge that such a resolution is like to bring much happiness and blessing to his majesty, and all his Kingdoms; yet with humility we must confess, we have not the fruit of it, in that Case of my Lord Kimbolton, and the other five Members accused contrary to Law, both Common Law, and the Statute Law, and yet remaineth unsatisfied; which Case was remembered in our Declaration as a strange and unheard of violation of our Laws: But the Penner of this Answer thought fit to pass it over, hoping that many would read his majesty's Answer, which hath been so carefully dispersed, which would not read our Declaration. Whereas after our ample thanks, and acknowledgement of his majesty's favour in passing many good Bills, we said that truth and necessity enforced us to add this, that in or about the time of passing those Bills, some design or other hath been a foot; which if it had taken effect, would not only have deprived us of the fruit of those bills, but would have reduced us to a worse condition of confusion, then that wherein the Parliament found us. It is now told us that the King must be most sensible of what we cast upon him, for requital of those good Bills, whereas out of our usual tenderness of his majesty's Honour, we did not mention him at all: but so injurious are those wicked counsellors to the name and Honour of their Master and sovereign, that as much as they can they lay their own infamy and guilt upon his Shoulders. Here God also is called to witness His majesty's upright intentions at the passing of those Laws; this we will not question, neither did we give any occasion of such a solemn asseveration as this is: The devil is likewise defied to prove there was any design with His majesty's knowledge or privity; This might well have been spared, for we spoke nothing of his majesty; But since we are so far taxed as to have it affirmed that we laid a notorious and false imputation upon His majesty, we have thought it necessary for the just defence of our own innocency, to cause the oaths and examinations which have been taken concerning the design to be published in a full Narration, for satisfaction of all His majesty's subjects, out of which we shall now offer some few particulars, whereby the world may judge whether we could have proceeded with more tenderness toward His majesty than we have done. Master Goring confesseth, that the King first asked him whether he were engaged in any cabal concerning the Army, and commanded him to join with Master Piercy and Master Jermyn, and some other whom they should find within at Master Peircy's Chamber, where they took the oath of secrecy, and then debated of a design propounded by Master Jermyn to secure the Tower, and to consider of bringing up the Army to London, and Captain Legg confessed, he had received the draught of a Petition in the King's presence, and His majesty acknowledgeth it was from His own hand; and whosoever reads the sum of that Petition, as it was proved by the Testimony of Sir Jacob Ashley, Sir John Conyers, and Captain Legg, will easily perceive some points in it apt to beget in them some discontent against the Parliament. And can any man believe there was no design in the accusation of the Lord Kimbolton and the rest, in which His majesty doth avow himself to be both a Commander and an Actor: these things being so, it will easily appear to be as much against the rules of Prudence, that the Penner of this Answer should entangle His majesty in this unnecessary apology; as it is against the rules of Justice, that any reparation from us should be either yielded, or demanded. It is professed in His majesty's name, that he is truly sensible of the burdens of His people, which makes us hope that he will take that course which will be most effectual to ease them of these burdens, that is, to join with his Parliament in preserving the peace of the Kingdom, which by his absence from them hath been much endangered, and which by hindering the voluntary Adventures for recovery of Ireland, and disabling the Subjects to discharge the great tax laid upon them, is like to make the war much more heavy to the Kingdom. And for His majesty's wants, the Parliament have been no cause of them, we have not diminished His just Revenue, but have much eased His public Charge, and somewhat his private. And we shall be ready, in a Parliamentary way, to settle His revenue in such an honourable proportion, as may be answerable to both, when he shall put himself into such a posture of Government, that His Subjects may be secure to enjoy His just protection, for their Religion, Laws, and Liberties. We never refused His majesty's gracious offer of a free and general Pardon, only we said it could be no security to our present fears and jealousies: And we gave a reason for it, that those fears did not arise out of any guilt of our own Actions, but out of the evil designs and attempts of others; and we leave it to the world to judge, whether we herein have deserved so heavy a Tax and exclamation (that it was a strange world when Princes proffered favours are counted reproaches, such are the words of His majesty's Answer) who do esteem that offer as an Act of Princely grace and bounty, which since this Parliament began we have humbly desired we might obtain and do still hold it very necessary and advantageous for the generality of the Subject, upon whom these Taxes and Subsidies lie heaviest, but we see upon every occasion how unhappy we are in His majesty's misapprehensions of our words and actions. We are fully of the King's mind as it is here declared, that he may rest so secure of the affections of His Subjects, that he should not stand in need of foreign force to preserve him from oppression, and are confident that he shall never want an abundant evidence of the good wishes and assistance of His whole Kingdom, especially if he shall be pleased to hold to that gracious resolution of building upon that sure foundation, the Law of the Land: but why His majesty should take it ill, that we having received informations so deeply concerning the safety of the Kingdom, and should think them fit to be considered of, we cannot conceive; for although the name of the person was unknown, yet that which was more substantial to the probability of the Report was known (that is) That he was servant to the Lord Digby, who in his presumptuous Letter to the Queen's Majesty, and other Letters to Sir Lewis Dives, had intimated some wicked Proposition suitable to that Information, but that this should require reparation, we hold it as far from Justice as it is from truth, that we have mixed any malice with these rumours, thereby to feed the fears and jealousies of the People. It is affirmed his majesty is driven (but not by us yet) from us, perchance hereafter if there be opportunity of gaining more credit, there will not be wanting who will suggest unto his majesty, that it is done by us. And if his majesty were driven from us, we hope it was not by his own fears, but by the fears of the Lord Digbie, and his retinue of Cavaliers, and that no fears of any Tumultuary violence, but of their just punishment for their manifold insolence and intended violence against the Parliament. And this is expressed by the Lord Digby himself, when he told those Cavaliers, that the principal cause of his majesty's going out of town was to save them from being trampled in the dirt; but of his majesty's person there was no cause of fear in the greatest heat of the people's indignation after the accusation, and his majesty's violent coming to the House, there was no show of any evil intention against his regal Person, of which there can be no better evidence than this, that he came the next day without a Guard into the city, where he heard nothing but Prayers and Petitions, no threatenings or irreverent speeches, that might give him any just occasion of fear, that we have heard of, or that his majesty expressed; for he stayed near a week after at White Hall, in a secure and peaceable condition, whereby we are induced to believe, that there is no difficulty nor doubt at all, but his majesty's residence near London may be as safe as in any part of the kingdom: We are most assured of the faithfulness of the city and suburbs; And for ourselves we shall quicken the vigour of the laws, the industry of the Magistrate, the authority of Parliament, for the suppressing of all tumultuary insolences whatsoever, and for the vindicating of his Honour from all insupportable and insolent scandals, if any such shall be found to be raised upon him, as are mentioned in this Answer, and therefore we think it altogether unnecessary and exceeding inconvenient to adjourn the Parliament to any other place. Where the desire of a good understanding betwixt the King and the Parliament, is on both parts so earnest as is here professed of his majesty to be in him, and we have sufficiently testified to be in ourselves, it seems strange we should be so long asunder, it can be nothing else but evil and malicious council, misrepresenting our carriage to him, and in disposing his favour to us, and as it shall be far from us to take any advantage of his majesty's supposed straits, as to desire much less to compel him to that which his Honour or interest may render unpleasant and grievous to him, so we hope that his majesty will not make his own understanding or reason the rule of his Government, but will suffer himself to be assisted with a wise and prudent council, that may deal faithfully betwixt him and his people; And that he will remember that his resolutions do concern kingdoms, and therefore ought not to be moulded by his own, much less by any other private person, which is not alike proportionable to so great a trust, and therefore we still desire and hope that his Majesty will not be guided by his own understanding, or to think those Courses straits and necessities, to which he shall be advised by the wisdom of both Houses of Parliament; which are the Eyes in this politic Body, whereby his majesty is by the Constitution of this kingdom to discern the differences of those things which concern the public peace and safety thereof. We have given his majesty no cause to say, that we do meanly value the discharge of His public duty, whatsoever Acts of Grace or Justice have been done, they proceeded from his majesty by the advice and council of his Parliament; yet we have and shall always answer them with constant gratitude, obedience, and affection; and although many things have been done since this Parliament of another nature, yet we shall not cease to desire the continued protection of almighty God upon His majesty. And most humbly Petition him to cast from him all those evil and contrary counsels which have in many particulars formerly mentioned, much detracted from the Honour of his Government, the happiness of his own Estate, and prosperity of his people. And having past so many dangers from abroad, so many Conspiracies at home, and brought on the public work so far, through the greatest difficulties that ever stood in opposition to a Parliament, to such a degree of success, that nothing seems to be left in our way able to hinder the full accomplishment of our desires and endeavours for the public good; unless God in his justice, do send such a grievous Curse upon us, as to turn the strength of the Kingdom against itself, and to effect that by their own folly and credulity, which the Power and subtlety of their and our enemies could not attain, That is, to divide the people from the Parliament, and to make them serviceable to the ends and aims of those, who would destroy them. Therefore we desire the kingdom to take notice of this last most desperate and mischievous plot of the malignant party, that is acted and prosecuted in many parts of the Kingdom, under plausible Notions, of stirring them up to a care of preserving the King's Prerogative, maintaining the Discipline of the Church, upholding and continuing the reverence and solemnity of God's Service, encouraging of Learning. And upon these grounds, divers mutinous Petitions have been framed in London, Kent, and other Counties, and sundry of his majesty's Subjects have been solicited to declare themselves for the King, against the Parliament: and many false and foul aspersions have been cast upon our proceedings, as if we had been not only negligent, but averse in these points: whereas we desire nothing more, then to maintain the purity and power of Religion, and to Honour the King in all His just Prerogatives: and for encouragement and advancement of piety and learning, we have very earnestly endeavoured, and still do to the uttermost of our Power, that all Parishes may have learned, pious, and sufficient Preachers, and all such Preachers competent Livings. Many other Bills and Propositions are in preparation for the King's Profit and Honour, the people's safety and prosperity, In the proceedings whereof, we are much hindered by His majesty's absence from the Parliament, which is altogether contrary to the use of his Predecessors, and the privileges of Parliament, whereby ou● time is consumed by a multitude of unnecessary Messages, and our innocency wounded by causeless and sharp invectives. Yet we doubt not, but we shall overcome all this at last, if the people suffer not themselves to be deluded with false and specious shows, and so drawn to betray us to their own undoing, who have ever been willing to hazard the undoing of ourselves, that they might not be betrayed by our neglect of the trust reposed in us, but if it were possible, they should prevail herein, yet we would not fai●e through God's grace still to persist in our duties, and to look beyond our own lives, estates, and advantages, as those who think nothing worth the enjoying without the liberty, peace, and safety of the Kingdom: not any thing too good to be hazarded in discharge of our Consciences, for the obtaining of it; And shall always repose ourselves upon the Protection of almighty God; which we are confident shall never be wanting to us (while we seek his glory) as we have▪ found it hitherto, wonderfully going along with us in all our proceedings. IT is his majesty's pleasure that you forthwith Print in very good Paper, and send unto me, for his majesty's Service, forty Copies of the Proclamation enclosed, leaving a convenient space for his majesty to sign above, and to affix the privy Signet underneath: And his majesty's express Command is, that you Print not above the said number of forty Copies, and forbear to make any further publication of them, till his pleasure be further signified, for which this shall be your Warrant. Whitehall 2. January, 1641. Edw. Nicholas. For His majesty's Printer. The Examination of colonel Goring, taken June 19 1641. HE saith, To the first Int. That in Lent last (as he remembers) about the middle of it, Sir John Suckling came to him on Sunday morning as he was in his bed: And this Examinate conceiving he had come to him about some business of money that was between them; and thereupon falling upon that discourse, Sir John Suckling told him he was then come about another business, which was to acquaint him, That there was a purpose of bringing the Army to London, And that my Lord of Newcastle was to be general, and he this Examinate, lieutenant general, if he would accept of it. And further said, That he should hear more of this business at Court: to which this Examinate answered only this, Well, than I will go to the Court; which was all that passed between them at that time, to the best of this Examinates remembrance. To the second, He cannot depose. To the third, He saith, That as he was coming in his Coach in the street, out of the Covent-Garden into St Martin's Lane, he met there Mr Henry Jermyn, who was likewise in a Coach; and seeing this Examinate, sent his footman to him, desiring him to follow him, because he would speak with him; which this Examinate did: And Mr Jermyn going a little further, alighted, and went into a house (to which house, as this examinate was but yesterday in formed, Sir John Suckling did then usually resort) and thither this Examinate followed him; and coming after him to the top of the Seayr●s, Mr Jermyn said to him, He had somewhat to say to him concerning the Army, but that this was no fit place to speak of it, and desired him to meet him that evening at the Court, on the Queen's side; which this Examinate accordingly did; and meeting Mr Jermyn in the Queen's drawing Chamber, he was there told by him, That the Queen would speak with him, and thereupon Mr Jermyn brought him into the Queen's bedchamber: But before this Examinate could enter into any discourse with the Queen, the King came in, and then this Examinate did withdraw, and went away for that time, but returned again the same night, and met Mr Jermyn again on the Queen's side, who told him that he must necessarily meet with some Officers of the Army, to hear some Propositions concerning the Army. The next day, being Monday, this Examinate came again to the Court in the afternoon, and went into the Queen's drawing-Chamber, ●here Her Majesty then was, who was pleased to tell him that the King would speak with him, and bade him repair to the room within the Gallery, into which Room the King soon after came; and His Majesty asked him if he was engaged in any cabal concerning the Army: to which he answered, That he was not: whereupon His Majesty replied, I command you then to join yourself with Peircy, and some others whom you will find with him. And His Majesty likewise said, I have a desire to put my Army into a good posture, and am advised unto it by my Lord of Bristol: which was the effect of what passed between the King and this Examinate at that time. This Examinate meeting afterwards with Mr Jermyn, Mr Jermyn told him that they were to meet that evening at nine of the Clock with Mr Peircy, and some others, at Mr Peircy's Chamber; and accordingly Mr Jermyn and he went thither together, and there found Mr Peircy himself, Mr Wilmot, Mr Ashburnham, Mr Pollard, Mr Oneal, and Sir John Bartley; Mr Peircy then in the first place tendered an Oath to this Examinate and Mr Jermyn, the rest saying they had taken that Oath already: this Oath was prepared in writing, and was to this effect, That they should neither directly nor indirectly disclose any thing of that which should be then said unto them, nor think themselves absolved from the secrecy enjoined by this Oath, by any other Oath which should be afterwards taken by them: They having taken the Oath, Mr Peircy declared, That they were were resolved not to admit of anybody else into their counsels: And Mr Jermyn and this Examinate moved that Sir John Suckling might be received amongst them; which being opposed by the rest, after some debate, it was laid aside: And some speech there was of Sir John Suckling his being employed in the Army; but how it was agreed upon, this Examinate doth not remember. After this, Mr Piercy made his Propositions, which he read out of a paper, which were to this effect, That the Army should presently be put into a posture to serve the King, and then should send up a Declaration to the Parliament, of these particulars, viz. That nothing should be done in Parliament contrary to any former Act of Parliament, which was explained, That Bishops should be maintained in their Votes and Functions, And the King's Revenue be established. From these Propositions none of Mr Percy's Company did declare themselves to dissent. Then came into consideration, if the Army should not immediately be brought to London, which, as this Examinate remembers, was first propounded by Mr Jermyn, and also the making sure of the Tower. These things this Examinate did urge, to show the vanity and danger of the other Propositions, without undertaking this. In the conclusion, this Examinate did protest against his having any thing to do in either design; for the proof of which, he appeals to the consciences of them that were present, and so parted with them. About this business this Examinate saith, That they had two meetings, and cannot distinguish what passed at the one, and what at the other, but the result of all was as he formerly declared: further than which, he cannot depose. To the fourth Int. He can say no more than he hath already said. To the fifth Int. He saith, That the very day that Sir John Suckling first moved this unto him, he gave some touch of it to my Lord Dungarvan: and the day after his second meeting at Mr Pericy's Chamber, he discovered it to my Lord of Newport, and defined him to bring him to some other Lords, such as might be likeliest to prevent all mischief: And accordingly the next day my Lord of Newport brought him to my Lord of Bedford, my Lord Say, and my Lord Mandevill, to whom he imparted the main of the business, but not the particulars, in regard of his Oath; and desired them to make use of it as they should see cause, for the safety of the commonwealth, but not to produce him, nor name any person, except there were a necessity for it. He further saith, That he did at the same time make a Protestation unto those Lords, of his fidelity unto the commonwealth, and of his readiness to run all hazards for it. George Goring. Master PERCIES LETTER written to the Earl of NORTHUMBERLAND, June 14th. 1641. WHat with my own innocency and the violence I hear is against me, I find myself much distracted, I will not ask your council, because it may bring prejudice upon you; but I will with all faithfulness and truth tell you what my part hath been, that at least I may be cleared by you whatsoever becomes of me. When there was 50000 pound designed by the Parliament for the English Army, there was as I take it a sudden demand made by the Scots at the same time of 25000 pound, of which there was but 15000 pound ready, this they pressed with so much necessity as the Parliament after an Order made, did think it fit for them to deduct 10000 pound out of the fifty formerly granted, upon which, the soldiers in our house were more scandalised, amongst which I was one, and sitting by Wilmott and Ashburnham, Wilmott stood up and told them, if such papers as that of the Scots would procure moneys, he doubted not but the Officers of the English Army might easily do the like, but the first order was reversed notwithstanding, and the 10000 pound give to the Scots; this was the cause of many discourses of dislike amongst us, and came to this purpose, that they were disobliged by the Parliament; and not by the King, this being said often one to another, we did resolve, that is, Wilmott, Ashburnham, Pollard, Oneale, and myself to make some expression of serving the King in all things he would command us, that were honourable for him and us, being likewise agreeable to the fundamental laws of the kingdom, that so far we should live and die with him. This was agreed upon by us, not having any communication with others, that I am coupled now withal; and further, by their joint consent I was to tell his Majesty thus much from them; but withal I was to order the matter so, as that the King might apprehend this as a great service done unto him, at this time when his affairs were in so ill a condition, and they were most confident that they could engage the whole Army thus far, but farther they would undertake nothing, because they would neither infringe the liberties of the Subject, or destroy the laws, to which I and every one consented; and having their sense, I drew the Heads up in a paper, to which they all approved when I read it; and then we did by an oath promise to one another to be constant and secret in all this, and did all of us take that oath together. Well Sirs, I must now be informed what your particular desires are, that so I may be the better able to serve you, which they were pleased to do, and I did very faithfully serve them therein, as far as I could: this is the truth and all the truth upon my soul. In particular discourses after that, we did fall upon the petitioning the King and Parliament for money, there being so great arrears due to us, and so much delays made in the procuring of them, but that was never done. The preserving of Bishops functions and votes. The not disbanding of the Irish Army, until the Scots were disbanded too. The endeavouring to settle his revenue to that proportion it was formerly, and it was resolved by us all, if the King should require our assistance in these things, that as far as we could, we might contribute thereunto without breaking the laws of the kingdom, and in case the King should deny these things being put to them, we would not fire from him. All these persons did act and concur in this as well as I. This being all imparted to the King by me from them, I perceived he had been treated with by others concerning something of our Army, which did not agree with what we proposed, but inclined a way more high and sharp not having limits either of Honour or Law, I told the King he might be pleased to consider with himself, which way it was fit for him to harken unto. For us, we were resolved not to depart from our grounds, and if he employed others we should not be displeased whosoever they were: but the particulars of their design, or the persons, we desired not to know, though it was no hard matter to guess at them; in the end I believe the dangers of the one, and the justice of the other, made the King tell me he would leave all thoughts of other propositions but ours, as things not practicable, but desired notwithstanding that Goring and ●ermine, who were acquainted with the other proceedings, should be admitted amongst us▪ I told him, I thought the other Gentlemen would never consent to it, but I would propose it; which I did, and we were all much against it; but the King did press it so much, as at the last, it was consented unto, and Goring and jermine came to my chamber, there I was appointed to tell them, after they had sworn to secrecy, what we had proposed which I did: but before I go on to the debate of the ways, I must tell you, Mr. Jermine and Goring were very earnest Suckling should be admitted, which we did all decline; and I was desired by all our men to be resolute in it, which I was, and gave many reasons; whereupon I remember M. Goring made answer, he was so engaged with Suckling▪ he could not go or do any thing without him. Yet in the end, so that we would not oppose Suckling his being employed in the Army, that for his meeting with us they were contented to pass it by. Then we took up again, the ways were proposed, which took a great debate, and theirs (〈…〉 will say) differed from ours in violence, and height, which we all protested against and parted, disagreeing totally; yet remitting it to be spoken of by me, and Jermine, to the King which we both did. And the King constant to his former resolution told him, that all those ways were vain and foolish, and would think of them no more. I omitted one thing of M. Goring, he desired to know, how the chief Commanders were to be disposed of, for if he had not a condition worthy of him, he would not go along with us, we made answer that nobody had thought of that, we intending if we were sent down, to go all in the same capacity we were in, he did not like that by no means, and upon that did work so by M. Chidley, that there was a Letter sent by some of the Commanders to make him lieutenant general: and when he had ordered this matter at London, and M. Chidley had his instructions, then did he go to Portsmouth pretending to be absent when this was a working: we all desired my Lord of Essex or my Lord of Holland, and they (if there were a general) Newcastle, They were pleased to give out a report I should be general of the Horse; but I protest, neither to the King or any else did I ever so much as think of it: my Lord of Holland was made general and so all things were laid aside: and this is the truth, and all the truth I know of all these proceedings; and this I do and will protest upon my faith; and Wilmote, Ashburnham, and Oneale, have at several times confessed and sworn, I never said any thing in this business, they did not every one agree unto, and would justify. This relation I send you, rather to inform you of the truth of the matter, that you may know the better how to do me good: But I should think myself very unhappy to be made a betrayer of anybody; what concerned the Tower or any thing else I never meddled withal, nor never spoke with Goring, but that night before them all; and I said nothing but what was consented unto by all my party. I never spoke one word to Suckling, Carnarvan, Davenant, or other creature: me thinks if my friends and kindred knew the truth and justice of this matter, it were no hard matter to serve me in some measure. Die Martis 10. Maii, 1640. The Examination of Captain James Chudleigh. To the first Interogatory, and to the second; THis Deponent saith, That about March and April last he was at Burrowbrig, where divers Officers and Commanders of the Army met, to whom he used some speeches concerning the Parliament, that he saw no pr 〈…〉 lity that the Army would be suddenly paid by the Parliament, because they had promised so much to the King, and to the Scots, as well as to the Army; but that the King did commiserate their case, and said, That if they would be faithful to him, he would pawn his jewels rather than they should be unpaid; and saith further, That he knows of such a Letter sent by the Army to my Lord of Northumberland, to be showed to the Parliament; and that he told them at that meeting, that the Parl▪ was much displeased with that Letter, and that those who had subscribed it should be sent for up particularly, that my Lord of Essex, and my Lord of Newport had expressed much dislike of that Letter, and of them who had sent it, and said, that they had forfeited their necks: which he had from Sir John Suckling, Master Davenant, and (as he conceives) from Sergeant Major Willis: And this he declared to those Officers, as giving them an account of his journey, and the service in which they had employed him. To the third Interogatory; He saith he hath answered before. To the fourth Interogatory; That Sergeant Major Willis told him upon the way, as they were in their journey down into the North, that colonel Goring was a brave Gentleman, and fit to command the Army, and that the King had a good inclination to him, that he should be Lieutenant general; and saith further, that before he came out of London, Sir John Suckling had likewise highly commended him, and said he was fitter to command in chief, than any man he knew, and that the Army was not now considerable, being without a head, and indeed was but a party (Colonel Goring being away) who commanded a Brigado, and that they did undiscreetly to show their teeth except they could bite, which the said Sir John Suckling wished him to declare unto the Army, saying, He could not do a better service to the Officers who had employed him, then to let them know it, whereupon he did acquaint them with it accordingly. To the fifth Interogatory; That Sir John Suckling brought him into some-room of the Queen's side at White Hall, where Master Jermyn and he had private conference together, and oftentimes looked towards this Deponent: Sir John Suckling afterwards told him, that the King would be well pleased if the Army would receive colonel Goring to be their Lieutenant general, and said that Master Henry lermyn said so. To the sixth Interogatory; That Master Davenant told him, that things were not here as they were apprehended in the Army, for that the Parliament was so well affected to the Scots, as that there was no likelihood the Army should have satisfaction so soon as they expected it. To the seventh Interogatory; That when he brought the Letter from the Army, he met with Master Davenant, who told him it was a matter of greater consequence than he imagined, and thereupon brought him to Master Henry Jermyn, and Master Jermyn told him he heard he brought such a Letter, and asked to see a copy of it, which this Deponent did show unto him, and Master Jermyn asked if he might not show it to the Queen, and offered to bring this Deponent to her, which he excused himself of, lest he should have anticipated my Lord general from showing the Letter first himself. To the eighth Interogatory; That after he had brought up that Letter, he stayed some 8 or 9 days in London, before he returned down to the Army. To the ninth Interogatory: That Sergeant Major Willis told him most of the noble Gentlemen in England would show themselves for the Army: And that the French that were about London would receive Commanders from them, to join with them: And besides, that there would a thousand horse likewise be raised to come to their assistance, which horse at last he confessed were to be found by the Clergy. To the tenth Interogatory; That Sergeant Major Willis said moreover, that the Army would be very well kept together, for that the Prince was to be brought thither, which would confirm their affections: which this Deponent did declare at Burrowbrig unto the Officers, and doth believe Willis did the like; and V 〈…〉 llis told them also, that if my Lord of Newcastle was their general, he would feast them in Nottinghamshire, and would not use them roughly, but that they should be governed by a council of war. To the eleventh Inter. That both sergeant Major Willis and this Deponent, did persuade the Officers at that meeting, to write a Letter to colonel Goring, which was to let him know, that they would heartily embrace him to be their lieutenant general, if it was his majesty's pleasure to send him down, which Letter was subscribed by colonel Fielding and colonel Vavasour, and divers others; and was by him brought to London upon Monday, where not finding colonel Goring; ●he delivered it to Sir John Sucklin, who carried it to the King, and afterwards brought him to kiss the King and Queen's hand, and within a day or two returned the Letter to him again, which Letter this Deponent the Saturday after carried down himself to colonel Goring to Portsmouth. To the 12 Inter. That there was likewise a Letter written to Mr. Endymion Porter, assigned by colonel William Vavasour and colonel Fielding, which was to this effect, to desire him to inform his majesty, that the Army was very faithful to him, and no doubt need be made by his majesty concerning their proceedings. This Letter Sir John Sucklin would not have to be delivered, but took it himself, for that he said Mr. Porter knew nothing of the King's intentions. To the 14 Inter. That when he came to Portsmouth, colonel Goring showed him the strength of that place, and told him, that if there should be any mutiny in London, the Queen meant to come down thither for her safety, and that she had sent him down money to fortify it. To the 15 Inter. That what he learned from sergeant Major Willis, he got from him by degrees, as he urged it from him by way of discourse; and that Willis, Sir John Sucklin, and Mr. Davenant, did all of them give him great charge to keep things secret, and to be very careful to whom he communicated any thing, which he accordingly observed; for he dealt with the Officers there severally. James Chudleigh. This Examination taken in the presence of us; Essex. P. Howard. Warwick. W. Howard. Die Martis 18 Maii. The second Examination of Cap. Chudleigh. To the 31. THat at the meeting at Burrowbrig, he declared unto the Officers some thing out of a paper, which he read, and told them that he had received it from Mr. Jermyn, and that Mr. Jermyn had received it from the King. And he said likewise, that some others about the King were acquainted with it, and named Mr. endivion Porter, to whom he thought the King had declared in this business●. To the 34. That Mr. Jermyn asked him. if he thought the Army would stick to their Officers, in case the King and Parliament should not agree, or words to that effect. He saith further, that he had set down all those things in writing, which he declared to the Officers at Burrowbrig, and thought to have sent it down to them; but upon better consideration he went himself▪ and read it to them out of that paper, but severally, and not to them all together. And particularly, that he read it to lieutenant colonel Ballard, and to lieutenant Colonall Lunsford, That he did not acquaint them all with it, and the reason why he did not, was because he conceived some were of more judgement than others, and fitter to be trusted with matters of secrecy. James Chudleigh. Essex, W. Say and seal. Warwick. Howard. The Examination of Thomas Ballard. Lieutenant colonel to the Lord Grandison; taken May 18. 1641. To the 19 THat he did meet at Burrowbridge, being sent to by Captain Chidley, and none other; but he found there sergeant Major Willis, and divers other Officers of the Army: this was sometime in April last, as he remembreth. That Mr. Chidley did propound to him certain propositions, which as he affirmed, he did receive from Mr. Henry Jermyn, and from another great man which he might not name. Captain Chidley further said, that M. Jermyn told him that he received those propositions from the King: But Chidley told him further, that when he kissed the King's hand, his majesty said nothing to him of any such propositions. The first proposition was That he should not acquaint either Sir Jacob Ashely, or Sir John Conyers, with any thing of this design. The second, that if there were occasion, the Army should remove their Quarters into Nottinghamshire, where the Prince and the Earl of Newcastle should meet them with a thousand Horse, and all the French that were in London should be mounted, and likewise meet them. These propositions were read by captain Chidley, out of a paper, which he said he had written himself, thinking to have sent them down; but upon better consideration he brought them down himself. That they likewise should desire, that colonel Gering should be the lieutenant-general to the Army: There was likewise offered a Paper to this effect, as he was then told, That if the King would send colonel Goring to be lieutenant-general, they would accept of him; which Paper he, this Examinant, refused to read, or to set his hand to it: but heard that divers others signed it. He further saith, that there was no other Paper propounded to him to be signed, nor to any other to his knowledge. He further saith, that this was not delivered to the Officers in public, but severally. He likewise saith, That presently after colonel Vavasour said publicly, that he never consented to these propositions in his heart; and desired that there might be a meeting immediately, whereupon they agreed upon a meeting at York the Wednesday following, at which meeting they generally concluded, not to interesse themselves in any of those designs that had been propounded to them by captain Chidley; and they presently writ by the Post to captain Chidley to London, that if he had not delivered the Paper, he should forbear to deliver it. Thomas Ballard. The Examination of captain Legg, taken May the 18. 1641. To the 19 Inter. HE saith, That he heard of a meeting at Burro wbridge, but was not there present, but was present at another meeting at York not long after, where he was told that the King was not well satisfied with the affections of the Officers to his service; and therefore it was thought fit, to make a Declaration of their readiness to serve his majesty; which declaration was accordingly drawn, but not finding any great cause for it, it was after torn. He further saith, That the night before the meeting at Burrowbridge, he spoke with captain Chidley at York, who persuaded him to go to Burrowbridge, where he had propositions to impart to the Army; but this Examinate refusing to go, he would not acquaint him with them at that time; but told them that divers Lords and Officers of the Army were fallen off from the King, naming the Fatle of Essex, the Earl of Newport, Commiss●ry Wilm●tt colonel Ashburnham, and others, which this Examinate so much disliked, that they sorbore any further discourse. Will. Legg. The Examination of colonel Vavasour, taken the 29 of May, 1641. THat at the mee●ing at Burrowbridge, sergeant Major Willis and captain Chidley, of one of them, told the Officers there, that the Parliament had taken great offence at the Letter which they had written up to my Lord of Northumber and; and that those who had subscribed it, should be questioned, and that there was small hopes of money from the Parliament for the present. That the King would take it very well, if he might receive assurance from them, that they would accept of colonel Goring for their lieutenant general, and wished that the Army were united. When the King had this assurance from them, there should come a general that would bring them money, this they said they had good Commission to deliver unto them, having received it from Mr. Herry Jermyn and Sir John Sucklin, he likewise saith captain Chidley spoke it with more confidence, and Sergeant Major Willis rather as having heard it from others: he further saith, there was a Letter written to colonel Goring, for to let him know if the King would send him down with a Commission to be Lieutenant general, they would willingly receive him, and this Letter was proposed unto them by captain Chidley and sergeant Major Willis. There was another letter written to Mr. Endymion Porter, which as he remembers was to let him know, that though the Army was now commanded by Sir Jacob Ashley, yet if that it were his majesty's pleasure to appoint colonel Goring to be Lieutenant general, they were confident the Army would receive him the better, being only subscribed by colonel Fielding and himself. And further sayeth that he hears this Letter was never delivered, for that Sir John Suckling told Master Chidley that Master Porter was a stranger to the business. Colonel Vavasor. This Examination taken afore us, Mandevile. Howard. Ph. Wharton. Charles R. Colonel Goring, these are to command you to provide with all speed a ship for this Bearer to carry him to Dieye or Calais or any other Port of France, that the wind may be good for, and if there be any of my ships or Pinnances, ready to go forth you shall command the Captain or Master of such ship or Pinnace to receive him and his servants and carry him into France, for which this shall be a warrant to the Captain or Master you may employ, and hereof you nor they are not to fail as you or they will answer the contrary at your perils. Given at White-Hall this 14. of May, 1641. To our Trusty and Well-beloved Servant George Goring governor of Portsmouth▪ The Examination of captain William Legg, taken upon Oath before the Lords Committees upon Saturday the 30. of October, 1641. To the first Interrg. SAith, That he doth know Master Daniel Oneale who was sergeant Major to Sir John Conniers, doth not certainly remember the precise time going from the Army to London, nor of his return back, but believes he returned about June and July. To the ninth. That he was at York when the said Master Oneale returned thither from London, and can say no more to this ninth Interrg. To the tenth. That there was a Petition prepared to be delivered to the parliament from the Army, which consisted of many particulars, as to show how much they suffered for want of martial Law, and for want of pay, and because their principal Officers were not amongst them, and they did likewise set forth in it, That as the wisdom of the King did cooperate with the Parliament, So they did hope the Parliament would do something concerning the King's Revenue; but saith he doth not remember what the particular was which was desired, and further that they heard of great tumults about London, and therefore offered themselves to serve the King and Parliament: with the last drop of their bloods. He saith that this Petition was approved of by all the Officers that saw it, but was laid aside till further consideration should be had of the manner of the delivery, That himself was afterwards sent for to London by order of the house of Commons, and was examined, and after his examination, when he saw there was no further use to be made of that Petition he burned it. He farther saith, That he stayed in this town some five or six days, and was with the King, and had some speech with His Majesty about a Petition to come from the Army, and gave him an account of the Petition that was formerly burnt, and there he received another Petition to the same effect with the other, but bandso●lier written, upon which there was a direction endorsed to this purpose, This Petition will not offend yet let it not be shown to any but Sir Jacob Ashley. He farther saith there was no name to this direction but only two letters, but what those Letters were, he will not say nor cannot swear who writ those two Letters, because he did not see them written. He saith he did deliver the same paper with the directions to Sir Jacob Ashley, and told him withal here is a paper with a direction, you know the hand, keep it secret, I have showed it to nobody▪ if there be no occasion to use it, you may burn it, and saith he spoke no more of it to him, till after my Lord of Holland's coming down to be general, and then he spoke to him to burn it. William Legg. The Examination of Sir Jacob Ashley taken before the Lords Committees this twenty ninth of October, 1641, To the first Interog. He saith that he hath known sergeant Major Daniel Oneal very long and that he was long absent from the Army the last summer, but knows not at what time he did return, nor knows not how long it was that he stayed in the Army before his going into the Low Countries, but thinks it to be about three weeks. To the second Interog. He saith that Mr. Oneale told him after his coming down last, that things being not so well betwixt the King and Parliament, he thought a Petition from the Army might do very much good, and asked him if a draught of such a Petition were brought unto him, whether he would set his hand unto it, the particulars which he desired to have the Army received in, were the want of martial Law, want of pay, and for words spoken in the House of Parliament against the Army, as that the City was disaffected to the King's Army, and would rather pay the Scots than them. To the third Inter. He cannot answer. To the fourth Inter. He cannot answer. To the fifth Inter. He saith that he received a Letter by the hands of captain Legg, the tenor whereof as far as remembers was to this effect, the Letter being written in two sides of paper and somewhat more, first that divers things were pressed by parties to insafe into the Parliament things to the King's disadvantage, and that divers tumults and disorders were near the parliament to the disservice of the King, divers other particulars were contained in this Letter, and in the close of this Letter, it was recommended to this examinate that he should get the hands of the Officers of the Army to such a declarat on to be sent to the Parliament, and that this would be acceptable to the King. He further saith, he knows not of whose hand writing it was nor who delivered it to captain Legg. To the 7. Inter. He saith that Mr. Oneal telling him of the dislikes which were between the King and the Parliament and of those things which were done to the disadvantage of the King, they must fight with the Scots first and beat them before they could move Southward; and that done, they must spoil the country all along as they go, and when they do come to London, they would find resistance by the Parliament and the Scots might rally and follow them: to which Oneale replied, what if these Scots could be made neutral: This examinate then said, that the Scots would lay him by the heels, if he should come to move such a thing, for that they would never break with the Parliament. Presently replied; I wondered that counsels should be so laid as had been spoken of: of the marching of the Army to the South. 8. Inter. D. He further says that there was at the end of the Letter a direction to this effect, captain or Willam Legg, I command you that you show this Letter to none but Jacob Ashley, above this direction were set these two Letters, C. R. Jacob Ashley. The Examination of Sir John Coniers, taken upon Oath before the Lords Committees upon Friday the 29. of October 1641. TO the first Interog. He saith, that he knows very well Master Daniel O'neal, who was sergeant Major to his Regiment, that the said O'neal came up to London about November last, and returned to the Army about Midsummer. To the second, That O'neal, after his return to the Army in Summer, spoke twice unto this Examinant of a Petition to be sent from the Army to the Parliament, and told him, that because they did not know if himself would consent unto it, they would first petition him, that he would approve of it, but that as yet there were but few hands to that Petition, which was to be preferred to him; and therefore would not show it him. To the fourth, That the said O'neal, used persuasions to this Examinant, that he would serve the King, that if he did not, he should be left alone, and would but ruin himself, for that all the troops under him were that way inclined: That therefore he should adhere to the King, and go those ways that the King would have him, or words to that effect. To the fifth, That he saw a paper, containing some directions for a Declaration to be subscribed unto by the Officers of the Army: which paper was in Sir Jacob Ashleys' hand; he saith, it was long, containing two sides of a sheet of paper or thereabout: the effect whereof was something concerning martial Law, and better payment for the Army, together with some other particulars; that it was to be directed to the parliament, and that there were two Letters, viz. C. R. at the end. That he doth not know who brought it unto Sir Jacob Ashley, but that both of them were very much troubled at it. He saith further, that there was a direction at the end of the writing, that nobody should see it but Sir Jacob Ashley; and the two letters, C. R. were as he remembers to that direction, but whether before or after that direction he cannot affirm. To the seventh, That he never heard Master O'neal himself speak of his going to Newcastle, but that he heard it from others, and as he takes it from his wife the Lady Coniers, and that whosoever it was that told him so, told him withal, that O'neal himself said so. Io. Coniers The second examination of Sir John Coniers, taken before the Lords Committees upon Saturday the 30. of October. TO the fourth inter. That Master O'neal said to him, that if he this Examinant, had been well known to the King, the King would have written to him, and therefore he conceived, this Examinant should do well to write unto the King; to which he replied, That he could not serve the King in that point, and therefore he thought, it would be of no use, to trouble the King with his letters. To the fifth, That the paper mentioned in his former examination to have been secne by him in Sir Jacobs' Ashleys' hand, contained directions for a Petition to be presented to the King and Parliament: In which, was a clause to this effect, That whereas all men ought to give God thanks, for putting it into the King's heart, to condescend to the desires of the Parliament, not only to deliver up unto them many of his servants and others, who were near unto him to be at their disposing, but also to do many things, which none of his Ancestors would have consented unto, as giving way to the Triannuall Parliament: and granting many other things for the good of his Subjects, yet not withstanding some turbulent spirits, backed by rude and tumultuous mechanic persons, seemed not to be satisfied, but would have the total subversion of the government of the State, that therefore the Army, which was so orderly governed, not withstanding they had no martial Law, and ill payment, and but few Officers, being of so good comportment, might be called up to attend the person of the King and Parliament for their security. This Examinant further saith, that there were many other passages in this Petition which he doth not now remember, only that there was some expression of a desire, that both Armies should be disbanded for the case of the kingdom; and likewise a direction to procure as many of the Officers hands, as could be gotten. To the seventh, That he remembers well it was not his wife, but Sir Jacob Ashley, that said to him those words, O. Neal goes, or else O'neal saith he will go to Newcastle; but which of the sayings it was, he doth not well remember; but saith he replied to it, that O'neal said, nothing to him of that. This Examinant further saith, that he took occasion upon these passages from O'neal, to command him and Sir John Bartler and all the other Officers to repair to their Quarters, to be ready to perfect their accounts with the Country against the time they should be called for. Io. Comers. The Examination of Sir Foulke Huneks, taken before the Lords Committees upon Friday, Octob. 29. 1641. TO the first Interrog. he saith, that he doth well know Master Daniel O'neal, who was sergeant Major to Sir John Ceniers; That he went from the Army to London about the time that the King came out of the North to the Parliament; and that he returned again to the Army, about that time when Commissary Wilmot and the other soldiers were committed by the Parliament. To the second. That the said O'neal persuaded him this Examinant to take part with the King, or something to that purpose; and that thereupon this Examinant acquainted the lieutenant general with it, and presently repaired to his own Quarter, to keep the soldiers in order; where he stayed not above two or three days, till he heard that O'neal was fled. He further saith, that O. Neale dealt with him to have the troops move; To which he replied, that he had received no such direction from his superiors, nor from the King: And that then he offered him a paper, and pressed him to sign it; whereupon he this Examinant asked, if the general, or lieutenant general had signed it; to which O. Neale answering they had not, he said, that he would not be so unmannerly as to sign any thing before them, and refused to read it. He saith likewise that Captain Armstrong was present at the same time, and that O'neal offered it to him; who looking upon this Examinant, this Examinant did shake his head at him, to make a sign that he should not do it, and withal went out of the room: and Armstrong afterwards refused it, giving this reason, That he would not sign it when his colonel had refused it; which he told this Examinant. To the third he saith, That O'neal told him he had very good authority for what he did; but did not tell him from whom. To the seventh. That Master O'neal told him he was to go to the Scottish Army, but saith he doth not know for what end and purpose he would go thither; for that he this Examinant shunned to have any thing more to do with him. Foulk hunks. The Examination of Sir William Balfour lieutenant of the Tower, taken the second of June. To the first Interrog. he saith he was commanded to receive Captain Billingsley into the Tower with 100 men for securing of the place, and that he was told they should be under his command. To the second Interrog: he saith, The Earl of Strafford told him it would be dangerous in case he should refuse to let them in. To the third Interrog. He referreth himself to the former depositions of the three women, taken before the Constable and himself. And further saith, That the Earl of Strafford himself, after he had expostulated with him for holding Master Slingsby at the Tower gate; and after his telling the said Earl he had reason so to do, in regard of what the women had deposed, by which it appeared there was an escape intended by his Lordship; himself acknowledged he had named the word Escape twice or thrice in his discourse with Master Slingsby, but that he meant it should be by the King's authority, to remove him out of the Tower to some other Castle; and that he did ask Master Slingsby where his brother was, and the ship. To the fourth Interrog. This Examinant saith, the Earl of Strafford sent for him some three or four days before his death, and did strive to persuade him that he might make an escape; and said, for without your connivance I know it cannot be: and if you will consent thereunto, I will make you to have 20000 pounds paid you, besides a good marriage for your son: To which this Examinant replied, he was so far from concurring with his Lordship, as that his honour would not suffer him to connive at his escape; and withal told him, he was not to be moved to harken thereunto. Ex. in presence of us W. Balfour. Essex. Warwick. L. Wharton Mandevile. James Wadsworth lies at the half moon in Queens-street, at cockets' house a joiner divers Officers lie, which is the next door. Coll. Lindsey. Capt. Kirk. James Wadsworth. Die Martis 4. Maii 1641. HE saith that one Ancient Knot told him several times the last week, that Sir John Suckling was raising of Officers for three Regiments for Portugal: and saith that he this Examinant was at the Portugal ambassadors on Sunday last, and then the ambassador told him that he knew not Sir John Suckling, nor any thing at all of Sir John Sucklings raising of men for Portugal; and the ambassador himself had no Commission to treat for any men till he heard out of Portugal. Tuesday the 11. of May, 1641. The Examination of John Lanyon. HE was upon Easter Eve last, and several times since, troubled by captain Billingsley to enter into an expedition for Portugal with Sir John Sucklin. And when this Examinant told him that he was His majesty's servant, and could not go without leave, captain Billingsley bid him take no care for that, he should have leave procured, and further desired him to get as many cannoneers as he could. This Examinant doubting whether they were real in that design; repaired to the Portugal Ambassadors, and there understood from his Secretary, that he was willing to have men, but they knew neither Sir John Suckling, nor captain Billingsley; neither had they from them any Commission to raise men. He likewise saith, that captain Billingsley did after solicit this Examinant to come to Sir John Suckling, and that upon Sunday was sennight last Sir John Suckling and captain Billingsley, with many other Officers, repaired unto his house in the afternoon, and there stayed two hours at least; The Examinant not coming in they left a note he should be with them that night at the Sparragus Garden at Supper: whereof this Examinant failing, captain Billingsley comes again to his house the Monday morning, and not finding him there, left word that he must needs come to the Covent Garden to Sir John Sucklings lodging, which accordingly he did; but not finding him there, the same day he was with Captain Billingsley at the Dog Tavern in Westminster, at which time he did farther appoint this Examinant upon Wednesday to promise Sir John Suckling a meeting at the Dolphin in Gray's inn lane about nine of the clock in the forenoon, where the same day came some thirty more which were appointed by Sir John Suckling and captain Billingsley; but neither Sir John Suckling or Billingsley came, only there came one and gave them money, and so dismissed them for the present. This Examinant further saith, that captain Billingsley having notice that he had some store of arms of his own, told him, Sir John Suckling would buy them all, if he pleased to fell them. Captain Billingsley likewise told this Examinant, that Sir John Suckling, had furnished himself for money, and all the company. John Lanyon. Quarto die Maii, 1641. ELizabeth Nutt, wife of William Nutt of Tower-street London, Merchant, and Anne Bardsey of Tower-street aforesaid widow, say, that they being desirous to see the Earl of Strafford, came to Anne Vyner wife of Thomas Vyner Clerk to the lieutenant of the Tower, whose lodging being near to the King's Gallery, where the said Earl useth to walk, carried them to a back door of the said Gallery, the said Earl with one other being then walking. And they three being then there, and peeping through the key hole and other places of the door to see the said Earl, did hear him and the said other party conferring about an escape, as they conceived, saying, that it must be done when all was still, and asked the said party where his brother's ship was, who said she was gone below in the River, and heard him say, that they three might be there in twelve hours, and doubted not to escape if some thing which was said concerning the lieutenant of the Tower, were done; but what that was, as also where they might be in twelve hours, they could not hear by reason that when they walked further off, they could not perfectly hear. And the said Ms Nutt and Ms Bardsey say, that they heard the said Earl then say, that if this Fort could be safely guarded or secured for three or four months, there would come aid enough: and divers other words tending to the purposes aforesaid, which they cannot now remember. And further all of them say that they heard the said Earl, three times mention an escape, saying, that if any thing had been done, his Majesty might safely have sent for him; but now there was nothing to be thought on, but an escape: And heard the said other party telling his Lordship, that the outward gates were now as surely guarded as those within. To whom the said Earl said, the easier our escape that way, pointing to the East, if the said party and some others should obey the directions of the said Earl: But what those were they know not; but heard the said party answer, they would do any thing his Lordship should command. Anne Vyner, Anne Bardsey, Signum, Eliza. E. N. Nut The Superscription of the Letter. For my worthy Friend Sir jews Dyves Knight, at the Earl of bristols house in Queen-street, London. Dear Brother, I Hope you will have received the Letter which I wrote unto you from aboard Sir John Pennington, wherein I gave you account of the accident of oneals man, and why I thought fitting to continue my journey into Holland; going still upon this ground, that if things go on by way of accommodation, by my absence the King will be advantaged: If the King declare himself, and retire to a safe place, I shall be able to wait upon him from hence, as well as out of any part of England, over and above the service which I may do him here in the mean time. Besides that, I found all the Ports so strict, that if I had not taken this opportunity of Sir John Peningtons' forwardness in the King's service, it would have been impossible for me to have gotten away at any other time. I am now here at Middle borough, at the Golden Fleece upon the Market, at one George Petersons house, where I will remain till I receive from you advertisement of the state of things, and likewise instructions from their Majesties; which I desire you to hasten unto me by some safe hand: and withal to send unto me a cipher, whereby we may write unto one another freely. If you knew how easy a passage it were, you would offer the King to come over for some few days yourself. God knows I have not a thought towards my country to make me blush, much less criminal; but where traitors have so great a sway, the honestest thoughts may prove most treasonable. Let Dick Shirley be dispatched hither speedily, with such black clothes and linen as I have: and let your letters be directed to the Baron of Sherborn, for by that name I live unknown. Let care be taken for Bills of Exchange. Yours. Middleborough Jan. 20. 1641. The Examination of Owen Connelly Gent. taken before us whose names ensue. the 22. of October 1641. WHo being duly sworn and examined, saith, That he being at Mommore in the County of London-Derry on Tuesday last, he received a Letter from colonel Hugh Ogemacmahon, desiring him to come to Connagh in the County of Monayhan, and to be with him on Wednesday or Thursday last: whereupon he this Examinant came to Connagh on Wednesday night last, and finding the said Hugh come to Dublin, followed him hither: He came hither about six of the clock this Evening, and forthwith went to the lodging of the said Hugh, to the house near the Boot in Oxmantowne, and there he found the said Hugh, and came with the said Hugh into the town, near the Pillory, to the lodging of the Lord Macquire; where they found not the Lord within: and there they drank a cup of beer, and then went back again to the said Hugh his lodging. He saith that at the Lord Macquire his lodging the said Hugh told him that there were and would be this night great numbers of Noblemen and Gentlemen of the Irish Papists, from all the parts of the kingdom, in this town, who with himself had determined to take the Castle of Dublin, and possess themselves of all his majesty's Ammunition there; and to morrow morning being Saturday: and that they intended first to batter the chimneys of the said town; and if the City would not yield, then to batter down the houses, and so to cut off all the Protestants that would not join with them. He saith further, That the said Hugh then told him, that the Irish had prepared men in all parts of the Kingdom, to destroy all the English inhabiting there to morrow morning by ten of the clock; and that in all the seaports, and other towns in the kingdom, all the Protestants should be killed this night; and that all the Posts that could be could not prevent it. And further saith, That he moved the said Hugh to forbear the executing of that business, and to discover it to the State for the saving of his own estate: who said, that he could not help it: But said, that they did owe their due allegiance to the King, and would pay him all his Rights, but that they did this for the tyrannical Government was over them; and to imitate Scotland, who got a privilege by that course. And he further saith, That when he was with the said Hugh in his lodging the second time, the said Hugh swore that he should not go out of his lodging that night, but told him that he should go with him the next morning to the Castle, and said, if this matter were discovered, some body should die for it: Whereupon this Examinant feigned some necessity for his easement, went down out of the Chamber, and left his sword in pawn, and the said Hugh sent his man down with him; And when this Examinant came down into the yard, finding an opportunity, he this Examinant leaped over a wall and two pales, and so came to the Lord Justice Parsons. October 22. 1641. Owen Oconnelly. William Parsons. Tho: Rotherham. Rob: Meridith. The examination of Mark Pagett Parson of Morlestowne, near Kingsale in Ireland, and Deane of Rosse there, had and taken at Plymouth, in the County of Devon: before Thomas Ceely Merchant, Maior of the burrow of Plymouth aforesaid, William Birch, and Ioh: Bound, Merchants; three of his majesty's Justices of the Peace, within the said burrow, the fourth day of March, 1641. The said Examinant saith, that he came from Kingsale this day was seven-night, and saith, that the Rebellion in Ireland is general; (except the Port towns and Fortifications) and saith, that he conceiveth that the Forces of the Rebels in Munster is between twenty or thirty thousand, which lie near Cork and Bandam Bridge, in two bodies; whereof the chief of one is Baron Loughland, the Lord Mungarret, the Lord Dunboi●e, and divers other Lords: and the chief of the other are Macarte Reath, Teage adown, Teage Adun van Durmet, Glacke, and mack Phenning, and divers others. And this Examinant hath for certain heard, that the Earl of Clanrikard is likewise in arms in Connough against the English Protestants; and further saith, that he knoweth that the Rebels have very good intelligence out of England, of all passages here, and for the most part speedier than the English have there: and further saith, that they threaten that as soon as they have rooted out the British▪ and English there▪ to invade England, and assist the Papists in England▪ And further saith, that they have the Pope's Lega●e amongst them (as they report) who sits constantly in counsel with Sir Phil●me Oneale, (who writes himself now Prince Oneale from his palace Charlemount:) the Lord Meggennys and divers others, who directed and advised the rest of the Rebels. And farther saith, That the Irish Rebels, do report that they have the King's Warrant and Great seal for what they do, and say they are his majesty's true Subjects; and that the English Protestants are Rebels, and not they. And further saith, that the Rebels do generally report that there are three factions in England, whereof one is the Kings; which consists for the most part of Courtiers and Bishops, with some few Lords and Gentry: Another the Puritans, which is supported by the House of Commons, some Lords, and the Corporations and Cities in England: And the third is the Queens, which they say is the greatest; and consists of the Catholics, some Lords, all the Priests and Jesuits, besides the expectation they have of foreign forces: And farther saith, that they report that the Queen's faction will set such a division between the two others, that it will root out both of them at last, And farther saith, that the said Irish do brag that the Queen's faction hath the command of most of the forts and Forces of England. And this Examinant farther saith, that he knoweth this to be usually reported amongst them, for that he hath lived in Ireland these two and thirty years, and been incumbent of the said Church eighteen years, and hath heard divers of the Irish Papists of the better sort to affirm so much, which doth much hearten the Rebels, and dishearten the English: And farther saith, that the Rebels have taken the Iron-workes at Glannorreth, and great quantities of Iron; and there, and elsewhere cast Ordinance, make Muskets, heads for Pikes▪ skenes, and other weapons; and farther saith, that the greatest part of the nine thousand Irish soldiers which the Earl of Strafford had at Nockvargas in Ireland, and there exercised and trained a long time, are the most expert Commanders, Leaders, and Officers amongst the Rebels. Thomas Ceely Maior. Madame, I Shall not adventure to write unto your majesty with freedom, but by expresses, or till such time as I have a cipher, which I beseech your majesty to vouchsafe me. At this time therefore I shall only let your majesty know where the humblest and most faithful servant you have in the world is; Here at Middleborough where I shall remain in the privatest way I can▪ till I receive instructions how to serve the King and your Majesty in these parts. If the King betake himself to a safe place, where he may avow and protect his servants from rage (I mean) and violence, for from Justice I will never implore it, I shall then live in impatience and in misery, till I wait upon you. But if after all he hath done of late, he shall betake himself to the easiest and complyantest ways of accommodation: I am confident, that then I shall serve him more by my absence then by all my industry, and it will be a comfort to me in all calamities, if I cannot serve you by my actions, that I may do it in some kind by my sufferings for your sake; having (I protest to God) no measure of happiness or misfortune in this world, but what I derive from your majesty's value of my affection and fidelity. Middleborough the 21. of January, 1641. FINIS.