A REMONSTRANCE OR DECLARATION OF THE STATE OF THE kingdom. Agreed on By the LORDS and COMMONS Assembled in PARLIAMENT the 19th. of May. MDCXLII. With divers Depositions and Letters, thereunto annexed. Die JOVIS. 19. Maij. 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. H. elsing clear. Parl. D. come. LONDON, Printed by R. O. and G. D. for F.C. 1642. A REMONSTRANCE of the state of the kingdom. 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 onely 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 have produced divers evident and remarkable advanta●es to the furtherance of those services which we have been desirous to perform to our sovereign Lord the King, and to this Church and S●●●e 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 onely end of all our councells 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 nothing discouraged although the heads of the ●alignant party disappointed of that prey, the ●●lig●on 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 r●cover the same again; for which purpose, they have made several attempts for the bringing 〈◇〉 of the Army, they afterward 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 inchangeable duty and faithfulness of the Parliament could not be wrought upon by such a fact of 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 onely means of their own preservation. For this purpose they have drawn his Majesty into the northern parts far from the Parliament, that so false rumors might have time to get credit, and the just defences of the Parliament find a more tedious difficult and disadvantageous success; 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 Majesties privy council 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 councils 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 wish 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 Actions and councils 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 to that which was presented to his majesty from both Houses of Parliament at Newmarket, the ninth of March 1641. The other his Majesties 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 Parliement, concerning which, Wee hold it necessary to give satisfaction to the kingdom, seeing wee 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 and faithful Remonstrances have rather irritated and embittered, then 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 our own innocency, wee desire that all his Majesties 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 Nenmarkes, there were some expressions different from the usual Language to Princes: neither did wee tell his Majesty in words, or in effect, that if he did not join with us in an Act which his Majesty conceived might prove prejudicialliand 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 eminent 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 confided in; and such was the necessity of this prevention, that wee 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 eminent 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, then 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 Councellors, 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; where 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 oppessions of shipmoney, 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 council, and abundantly declared in our general Remonstrance of the State of the kingdom) Actions of Love& Justice suitable to such words as these. As gracious was his Majesties speech in the beginning of this Parliement, That he was resolved to put himself freely and clearly upon the love and affection of his English Subjects; whether his causeless complaints and jealousies, 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 mischieous division in the kingdom have not been more suitable to other mens 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 Councellors. Could any words be fuller of Love and Justice, then those in the Answer to the Message sent to the House of Commons the 31. of December, 1641. Wee 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 bee, 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 Members of Parliament, and the other proceedings thereupon within three or four dayes, 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 disvaluing his majesties words they who have as much as in them lies stained and sullied them with such fowle Councells or the Parliament, who have ever manifested with Ioy and delight, their humble thankfulness for those gracious words and Actions of Love and Iustice, which have been conformable thereunto. The King is pleased to disavow the having any such evil council or Councellors, 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 majesties 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 ●ustifying Master attorney in that false accusation, the violent coming to the House of Commons, the denial of the Militia, the sharp Message to both Houses, contrary to the customs of former Kings; The long and remote absence of his majesty from Porliamen, the heavy and wrongful taxe● upon both Houses, the cherishing and countenancing a discontented party in the Kingdom against them, these certainly are the fruits of very ill council apt to put the kingdom into a combustion, to hinder the supplies of Ireland, and to countenance the proceedings and pretensions of the Rebels there, and the Authors of these evil council, wee 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 Subiects, as his labouring to preserve and conceal them. And whereas his majesty saith, He could wish that his own mediate Actions which he avows on his own own Honour, might not be so roughly censured under that common style of evil Councellors; Wee could also hearty wish, that we had not cause to make that style so common, but how often and undutiful soever these wicked Counsellors fix their dishonour upon the King by making his majesty the Author of those evil Actions, which are effects of their own evil councils; we his majesties loyal and dutiful Subiects can use no other Style according to that maxim in the Law, The King can do no wrong, but if any ill bee committed in matters of State, the council, if in matters of Iustice, the Judges must answer for it. Wee lay no charge upon his majesty, which should put him upon that apology, concerning his faithful and zealous assertion of the Protestant Profession, neither doth his majesty endeavour to clear those in greatest authority about him, by whom( wee say) that design hath been potently carried on for divers yeares, 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 wee 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 Jreland was framed and cherished by the Popish and malignant party in England, is not only affirmed by the Rebels, but may bee cleared by many other proofs; The same rebellions Principles of pretended Religion, the same politic ends are apparent in both, and their malicious designs, and practices are mask't and disguised with the same false Colours, of their earnest zeal to vindicate his Majesties Prerogative from the supposed oppression of the Parliament. How much these treacherous pretences have been countenanced by some evil Councells about his Majesty may appear in this, that the Proclamation whereby they were declared traitors, was so long with held, as to the second of january, though the Rebellion broken 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 Majesties pleasure were further signified, as by the warrant appears a true copy, whereof hereunto is added, so that a few onely 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 forth with dispersed with as much diligence as might bee, through all the kingdom, and ordered to bee red in all Churches, accompanied with public prayers, and execrations, and other evidence of favour, and countenance of the Rebells, in some of power about his majesty, is this that they have put forth in his Majesties 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 mens mindes, that his Majesties 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 Rebells, then any jealousy or misapprehension begotten, in his Subjects, by the Declaration of the Rebells, Injunction of Rossettie, or Information of Trestram, Whitcombe, so that considering the present state and temper of both kingdoms, his royal presence is far more necessary here then it can bee in Jreland for redemption or Protection of his Subjects there. And whether there bee any cause of his Majesties great indignation for being reproached, His Majesty not charged with intention of any force. to have intended force or threatening to the Parliament. We desire them to consider who shall red our Declaration, in which there is no word tending to any such reproach, and certainly we have been more tender of his Majesties Honour in this point, then he whosoever he was that did writ this Declaration, wherein his Majesties 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 red the Deposition of Mr. GORINGS Information, of Mr. PERCY, and divers other examinations, of Mr. WILMOT, Mr. POSLARD and others, the other Examination of captain leg, Sir JACOB ASHLEY, Sir JOHN CONYERS, and consider the condition and nature of the Petition which was sent to Sir JACOB ASHLEY, under the Approbation of CAROLVS REX, which his Majesty doth now aclowledge 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. Mr. Jermins escape by his Majesties Warrant. Wee do not affirm that his Majesties Warrant was granted for the passage of Master Jermin, after the desire of both Houses for restraint of his Servants; but onely that he did pass over after that restraint by virtue of such a Warrant. We know the warrant bears date th● day before our desire; yet it seems strange to those who know how great a respect and power Mr. GERMIN had in Court, that he should begin his journey in such hast, and in apparel so unfit for travel, as a black satin svit and white boots, if his going away were designed the day before. The accusation of the Lord KIMBOLTON, 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 bee largely satisfied, so long as his Majesty labours to preserve Mr. attorney from punishment, who was the visible Actor in it so long as his majesty hath not onely 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 these 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 petitioned his majesty to discover them, and that not onely 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 innocen●y, 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 wee have invaded any privilege belonging to his Majesty, as is alleged in this Declaration: But we loooke not upon this onely in the notion of a breach of privilege, which might be, though the accusation were true or 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 witnesses, without evidence, without all possibility of reparation in a legal course, yet a crime of such a nature, that his Majesties command can no more warrant then 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, 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 some such evidence or Testimony as might have warranted him against the parties, and be liable to make satisfaction if it should prove salse; and it is sufficiently known to every man and adjudged in Parliament that the King can be neither relator, 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 disobeyed. Tumultu●us numbers. Wee do not conceive that numbers do make an assembly unlawful, 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, then the resort of great numbers every day in the term to the ordinary Courts of Justice, we know not: that these Citizens were notoriously provoked and assaulted at Westminster by Colonel Lunsford, captain hid, with divers, and by 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 souldiers near Whitehall, many of them being without weapons, and giving ●o cause of dist●st, 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, wee have had no proof ever offered to either House; and if there had been any complaint of that kind, it is no doubt, the Houses would have been as forward to join in an Order for the suppressing of such tumults as they were: not long before upon another occasion when they made an Order to that purpose, whereas those officers and souldiers which committed that violence upon so many of the Citizens at Whitehall were cherished and fostered in his Majesties house, and when not long after the common council of London presented a Petition to his majesty for reparation of those injuries, his Majesties Answer was, without hearing the proof of the complaints, that if any Citizens were wounded or ill entreated his majesty was confidently assured that it happened by their own evil and corrupt demeanour, wee hope it cannot be thought contrary to the duty and wisdom of a Parliament, if many concurring and frequently reiterated& renewed advertisements from Rome Venice, Paris, and other parts, of the solicitation of the Popes Nuncio and our own discontented fugitives do make us jealous and watchful for the safety of the State; and wee have been very careful to make our expressions thereof so easy and so plain to the capacities 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 iudgement of any indifferent person, who shall red and peruse our own words. We must maintain the grounds of our fears to be of that moment that wee 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 hearty profess, that we shall always make it the rule of our obedience. The next point of our Declaration was with much caution artificially passed over by him, ●rudent o●issions in ●he Answer. who drew his Majesties Answer, it being indeed the foundation of all our misery, and his Majesties trouble, that he is pleased to hear general taxes upon his Parliament without any particular charge, to which they may give satisfaction, and that he hath often conceived displeasure against particular persons upon mis-information, and 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 encouragemt 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 Majesties desire to join with his Parliament, and with his faithful Subiects in defence of Religion, and public good of the kingdom, we doubt not but he will do it fully, when evil Councellors shall be removed from about him, and until that be, as we shewed before of words, so must we also say of laws that they cannot secure us, witness the Petition of Right, which was followed with such an inundation of illegal taxes that we had just cause to think that the payment of 20000l. 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 Councellors, and favour to them, they will by some wicked device or other make the Bill for the triennial parliament, and those other excellent laws mentioned in his majesties Declaration of of less value then words. That excellent Bill for the continuance of this Parliament was so necessary, that without it, wee could not have raised so great sums of money for the service of his majesty and the Common-wealth as wee have done; and without which, the ruin and destruction of the kingdom must needs have followed; and wee 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 be done, and we are ready to make it good before all the world, that although his majesty hath passed many Bills very advantageous for the subject, yet in none of them have we bereaved his majesty of any necessary or profitable prerogative of the crown. Wee so earnestly desire his majesties 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, wee shall be ready to do or say any thing that may stand with the Duty or Honour of a Parliament, which may raise a mutual confidence betwixt his majesty and us, as wee do wish, and as the affairs of the kingdom do require. Thus far the Answer to that which is called his Majesties Declaration hath lead us. Now we come to that which is entitled His Majesties Answer to the Petition of both Houses, presented to him at york 26. Martij; 1642. In the beginning whereof his Majesty wisheth, That our privileges on all parts were so stated that this way of correspondency might be preserved with that freedom which hath been used of old: Wee know nothing introduced by us that gives any impediment hereunto; neither have wee 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 assertion, 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 both Houses in the Question concerning the Militia had delared to be Law, and command it should not so be obeied, 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 bee Favourers of the Rebellion in Jreland. 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 Rebels as may be, and we hold it very causeless imputation upon the Parliament, that we have herein any way impeached, much less taken away the freedom of his majesties votes 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 Councellors to advice any thing though never so destructive to his majesty and his People. By the Message of the 20th. of January his Majesty did propound to both Houses of Parliament, that they would with all speed fall into a serious consideration of all these particulars which they should hold necessary, as well for the upholding and maintaining his Majesties just and regal Authority, and 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 digest it into one entire body. To that point of upholding and maintaining his royal Authority, wee 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 Majesties 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 Ho●●●hold, and for some of the affairs more then 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 and fidelity to the Common-wealth, do this till he shall choose such councillors, and Officers as may order and dispose to the public good, and not apply it it to the ruin and destruction of his people as heretofore it hath been, but this and 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 bee ruined before wee effect them, wherefore wee thought it necessary first to be suitors to his majesty, so to order the Militia, that the kingdom being secured, wee might with more ease and safety apply ourselves to debate of that Message, wherein we have been interrupted by his Majesties 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, wee have agreed upon a book of Rates in a larger proportion then hath been granted to any of his majesties Predecessors, which is a considerable support of his majesties public charge, and have likewise prepared divers propositions and Bills for preservation of our Religion, and liberties, which 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) onely that he denied the way; to which we answer that exception takes off London, and all other great towns and Cities which make 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, then a Bill which his majesty calls the only good old way, of imposing upon the Subjects, it should seem that neither his majesties royal Predecessors, nor our Ancestors, have heretofore been of that opinion, for 37. An. Edw. 3. We find this Record, the chancellor made declaration of the challenge of the Parliament, The King desires to know the grief of his Subjects, and to redress enormities; The last day of the Parliament, the King demanded of the whole estates, whither they would have such things as they agreed on, by way of Ordinance or Statute, who answered by way of Ordinance, for that they may amend the same at their pleasures and so it was. But his Majesty objects further, that there is some what in the preface, to which he could not consent with Justice to his Honour and Innocency, 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, nor in the body of that Ordinance that excludes His royal authority in the disposing or execution of it, but onely it is provided that it should bee 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 and advice of the great counsel of the Land, equally entrusted by the King and the kingdom, then that the safety of the King, Parliament and kingdom should bee left at the Devotion of a few unknown councillors, 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 afoot for better opportunities. Who knows whether the ill success of the Rebels in Ireland have not hindered the Insurrection of the Papists here? Whether the preservation of the six Members of the Parliament falsely accused, have not prevented the Plot of the breaking the neck of the Parliament; of which wee 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 then an Ordinance, and sent in one for that purpose, wee 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 Majesties own invitation of us to that way, and the other reasons manifested in our Declaration concerning the Militia of the 5. of May; in stead 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 bee 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 from Parliament; The judgement whereof is in the Eye of the Law the Kings 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. 1. That the Kings absence so far remote from his Parliament is not onely an Obstruction, but may be a destruction to the affairs of of Ireland. 2. 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 obeied, is a high Breach of the privilege of Parliament. 3. That those Persons that advised his majesty to absent himself from the Parliament, are Enemies to the Peace of the kingdom, and justly to bee suspected to bee Favourers of the Rebellion in Ireland. That the kingdom hath been of late, and still is in evident and imminent danger, both from Enemies abroad, and a Popish and discontented party at home, that there is an urgent and inevitable necessity of putting his majesties Subiects 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 of the Militia of the kingdom, in such a way as was agreed upon by the wisdom of both Houses 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 majesties refusal, the Ordinance of Parliament, agreed upon by both Houses for the M●litia, doth ob●●ge the People, and ought to be obeied by the fundamental laws of this kingdom. BY all which it doth appear, that there is no colour of this tax, 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 means 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 His Parliament together; yet since the Prince being but One Person, is more subject to Accidents of Nature and Chance, whereby the Common-wealth may be deprived of the Fruit of that Trust, which was in part re●osed in him in Cases of such Necessity; That the Kin●dome may not be enforced presently to return to it's first Principles, and every man left to do what is right in his own eyes, without either guide or Rule: the wisdom 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 Practise thereof in Cases of Non-age, 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. Wee 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 and Authority: And if any of them have been so insolently violated and vilified, his Majesties own council and Officers have been to 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 Deering who was to make that Report of the votes of that Committee, neglected to make it: The Apprentices Protestation was never complained of; but the other seditious Pamphlet, To your Tents O jsrael, 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 purposely appointed to take such Informations, as the Kings counsel should present concerning seditious words practices, or Tumults Pamphlets, or Sermons, tending to the derogation of his Majesties Rights or Prerogative, and his Majesties council were enjoined by that Committtee to inquire, and present them, who several times met thereupon and received this answer, and declaration from the Kings 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 such 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 confided in, which is clearly against the privilege 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 ob●aine of his majesty, and the pl●cing 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, wee believe in the iudgement of any indifferent Persons, it will not bee thought strange, if there were a more then 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 majesties good subiects 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 majesties apprehension, or can in the interpretation of the Law be held Tumultuary and seditious. When his 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 did 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 do aclowledge 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, Suggestion of imminent Danger and Necessity, whereby they did make it plaufible unto his majesty; and on the other side, such as did appear against them, are daily discountenanced and disgraced; which, whilst it shall do so, we have no reason to judge the Disease to bee yet killed and dead at root; and therefore no reason to bury it in Oblivion: and whilst wee behold the Spawnes of these mischievous Principles cherished and fostered in that new generation of Councellors, Friends and Abettors of the former, or at least concurring with them in these mischievous Principles cherished and fostered in that new generation of Councellors, friends and abettors of the former, or at least concuring 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 shewed wherein we had exercised any power otherwise then by the rule of the Law, or could have found a more authentic or higher Judge in matter of Law, then the high Court of Parliament. It is declared in his Majesties name, that he is resolved to keep the rule himself, and to his power, to require the same of all others: We must needs aclowledge, that such a resolution is like to bring much happiness and blessing to his Majesty and all his kingdoms; yet with humility wee must confess wee 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 an unheard of violation of laws: but the Penner of this Answer thought it fit to pass it over, hoping that many would read his Majesties Answer, which hath been so carefully dispersed, which would not read our Declaration. Whereas after our ample thanks and acknowledgement of his Majesties favour in passing many good Bills, Wee 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 afoot, 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 Majesties honour we did not mention him at all, but so injurious are those wicked Counsellors to the name& 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 Majesties 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 Majesties knowledge or privity, this might well have been spared, for we spoken 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 Majesties Subjects, out of which we shall now offer some few particulars whereby the world may judge, whether wee could have proceeded with more tenderness towards his Majesty, then wee 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 Pearcy, and Master Jermyne, and some others whom they should find within at Master Pearcies 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 ro London; and captain leg confessed he had received the draft of a Petition in the Kings 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 Connyers, and captain leg 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 Kymbolton, and the rest, in which his majesty doth avow himself to bee both 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, as it is against the Rules of Justice, that any reparation from us, should bee either yielded of demanded. It is professed in his Majesties 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 those 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 Majesties wants, the Parliament hath been no cause of them: Wee 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 Majesties gracious offer of a free and general Pardon, onely We said it could be no security to our present fears and jealousies, and Wee 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 Majesties 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 Majesties misapprehensions of our words and actions. We are fully of the Kings 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 off; 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 queens majesty, and other Letters to Sir Lewis Dives, had intimated some wicked preposition 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 Digby and his Retinue of Cavileers, 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 Cavileers that the principal cause of his Majesties going out of town, was to save them from being trampled in the dirt, but of his Majesties Person, there was no cause of fear in the greatest heat of the peoples indignation, after the accusation, and his Majesties 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 then 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 Majesties 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 infolent 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, snd in disposing his favour to us, and as it shall be far from us to take any advantage of his Majesties supposed straights, 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 a kingdom: And therefore ought not to be moulded by his own, much less by any other private person, which is not a light 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, straights, 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 there; of 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 Contumed protection of Almighty God, upon his Majesty; and most humbly Petition him to cast from him all those evil and contrary Councells, 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 Iustice do sand 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 th●m serviceable to the ends and aims of those who would destroy them, therfore Wee 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 partes of the kingdom under plauseable Notions of stirring ●hem up to a care of preserving the Kings Prerogative, maintaineing the discipline of the Church, upholding and continuing the Reverence and solemnity of Gods service encouraging of learning,& upon these grounds divers mutinous petitions have been framed in London, Kent, and other Counties, and sundry of his Maiestis subjects have been solicited to declare themselves for the King, against the Parliament and many false and fowle aspersions have been cast upon our proceedings as we had been not onely negligent, but averse in these points, whereas we desire nothing more, then to maintain the purity and power of Religion, and to honor the King in all his Just Prerogatives, and for encouragement and advancement of Piety and Learning we have very earnestly endeavoured, and shall 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 Kings profit and honour, the peoples safety, and prosperity, in the proceedings whereof We are much hindered by his Majesties absence from the Parliament, which is altogether contrary to the use of his Predecessors, and the privileges of Parliament: whereby our 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 fail, through Gods 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; nor 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 Majesties pleasure that you forthwith Print in very good paper, and sand unto me for His Majesties service, forty Copies of the Proclamation enclosed, leaving a convenient space for His majesty to sign above, and to fix the privy Signet underneath. And His Majesties 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 signyfied, for which this shall be your Warrant. Edw. Nicholas. White-Hall, 2. January 1641. For His Majesties Printer. Divers Depositions and Letters appertaining to the Remonstrance, agreed upon by the Lords and Commons assembled in Parliament, Die Jovis, 19. Maii 1642. The Examination of colonel Goring, taken June 19. 1641. To the first In. HE saith, That in Lent last( as he remembers) about the middle of it, Sir John Suckling c●●e 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 New-castle was to be general and he, this Examinate, Lieutenant general, if he would accept of it. And further said, That he would hear more of this business at Court: to which this Examinate answered only this, well, then I will go to the Court; which was all that passed between them at that time, to the best of his Examinates remembrance. To the sec●nd, 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 S. Martins Lane, he met there Mr. Henry I●rmin, who was likewise in a Coach; and seeing this Examinate, sent his Foot-man to him, desiring him to follow him, because he would speak with him; which this Examinate did: And Mr. jermin going a little further, alighted, and went into a house( to which house, as this Examinate was but yesterday informed, Sir John Suckling did then usually resort) and thither this Examinate followed him; and coming after him to the top of the stairs, Mr. jermin 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 queens side; which this Examinate accordingly did; and me●ting Mr. jermin in the queens drawing Chamber, he was there told by him, That the queen would speak with him and thereupon Mr. jermin brought him into the Queens Bed chamber: 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 Queens side, who told him that he must necessary meet with some Officers of the Army, to hear some Propositions concerning the Army. The next day being monday, this Examinate came ag●in to the Court in the after-noon, and went into the Queens drawing-Chamber, where Her Majesty then was, who was pleased to tell him that the King would speak with him, and bad 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 an●●ered, That he was not: whereupon His Majesty replied, I command you then to join yourself with Percy, and some others whom you will find with him. And his majesty likewise said, I have a desire to put my Army in a good posture, and am advised unto it by my Lord of bristol: which was the effect of what passed between the King and the Examinate at that time. The Examinate meeting afterwards with Mr. jermyn, Mr. jermyn told him that they were to meet at evening at nine of the clock with Mr. Percy, and some others, at Mr. Percies Chamber; and accordingly Mr. jermyn and he went thither together, and there found Mr. Percy himself, Mr. Wilmot, Mr. Ashburnham, Mr. Pollard, Mr. o'neill, and Sir John Bartley; Mr. Percy 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. Percy declared, That they were resolved not to admit of any body else into their Councells: And Mr. I●rmyn 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. Percy made his Propositions, which he red 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 sand up a Declaration to ●he 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 bee maintained in their Votes and Functions. And the Kings revenue be established. From these Propositions none of M. Percies 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. jermin, 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 partend 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 then which, he cannot depose. To the fourth Int. He can say no more then 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. Percies Chamber, he discovered it to the Lord of Newport, and desired 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 Common wealth, 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 Common-wealth, and of his readiness to run all hazards for it. George Goring. Master Percies Letter written to the earl of Northumberland, June 14. 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 m●y 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. li. out of the 50. formerly granted, upon which the souldiers 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 given 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, o'neill, 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 withall; and further, by their joint consent I was to tell his majesty thus much from them; but withall I was to order the matter so, as that the King might apprehended 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 further 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 red 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, wee 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 fly 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 iustice 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 jermin, 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 jermin 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. jermin 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( I will say) differed from ours in violence, and height, which we all protested against and partend, disagreeing totally; yet remitting it to be spoken of by me, and jermin, 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 no body 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,& Mr. Chidley had his instructions, then did he go to Portsmouth pretending to be absent when this was a working: we all desired my L. of Essex or my L. of Holland,& 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 L. of Holland was made general and so all things were laid aside:& this is the truth, and all t●e truth I know of all these proceedings; and this I do and will protest upon my faith; and Wilmott, Ashburnham, and o'neill, have at several times confessed& sworn, I never said any thing in this business, they did not every one agree unto,& would justify. This relation I sand 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 any body; what concerned the Tower or any thing else I never meddled withall, nor never spake with Goring, but that night before them all; and I said nothing but what was consented unto by all my party. I never spoken one word to Suckling, Carnarvan, Davenant, or other creature me thinks of my friends& kindred knew the truth& iustice 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 In●erogatory, 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 probability 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 rathet 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 shewed to the Parliament; and that he told them at that meeting that the Parliament 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, Mr. Davenant, and( as he conceives) from Sergeant Maior 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 maior 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, then 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 theit 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 queens side at White Hall, where Master Jermin, 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 Mr. Henry Jermyn 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 effected 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 Germyn 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. The eighth Interogatory; That after he had brought up that Letter, he stayed some 8. or 9. dayes in London, before he returned down to the Army. To the ninth Interogatory; That Sergeant mayor 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 ●heir assistance, which horse at last he confessed were to be found by the Clergy. To the tenth Interogatory; That Sergeant Maior 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 affe●tions: which this Deponent did declare at Burrowbrig unto the Officers: and doth believe Willis did the like; and Willis 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 Jnter. That both sergeant mayor Willis and this Deponent, did persuade the Officers at that meeting, to writ a Letter to colonel Goring, which was to let him know, that they would hearty embrace him to bee their Lieutenant general, if it was his Majesties pleasure to sand 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 queens 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 Kings intentions. To the 14. Inter. That when he came to Portsmouth, colonel Goring shewed 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 mayor 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 was 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 something out of a paper, which he red, and told them that he had received it from Mr. jermin, and that Mr. Jermin had received it from the King. And he said likewise, that some others about the King were acquainted with it, and name Mr. endymion Porter, to whom he thought the King had declared in this business. To the 34. That Mr. jermin 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 red it to them out of the paper, but severally, and not to them altogether. And particularly, that he red it to Lieutenant colonel Ballard,& to Lieutenant Col. 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 then others, and fitter to be trusted with matters of secrecy. james Chudley. Essex. Warwick, Wil. Say and seal, Howard. The Examination of Thomas Ballard, Lieutenant colonel to the Lord Grandison, taken May 18. 1641. To the 10. THat he did meet at Borrowbridge, being sent to by captain Chidley and none other, but he found there Sergeant mayor Willis, and divers other Officers of the army; this was sometime in april last, as he remembreth. To the 29. That Mr. Chidley did propound to him certain propositions, which as he affirmed, he did receive from Mr. Henry jermin, and from another great man which he might not name. captain Chidley further said, that Mr. Jermin told him that he received those propositions from the King: But Chidley told him further, that when he kissed the Kings hand, his Majesty said nothing to him of any such propositions. The first proposition was, that he should not acquaint either Sir jacob Ashley, 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 New-Castle 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 red 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 Goring 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 sand colonel Goring to bee Lieutenant general, they would accept of him; which paper he, this examinant, refused to red, 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 interest 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 Leg, taken May the 18. 1641. To the 19. Inter. HE saith, That he heard of a meeting at Borrowbridge, 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 acccordingly 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 spoken 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 earl of Essex, the earl of Newport, Commissary Wilmot, colonel Ashburnham, and others which this Examinate so much disliked, that they forbore any further discourse. Wil. Leg. The Examination of colonel Vavasour, taken 29. of May 1641. THat at the meeting at Borrowbridge, sergeant mayor Willis, and captain Chidley, or 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 Northumberland, 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 except 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 Master Henry jermin, and Sir John Suckling, he likewise saith captain Chidley spake it with more confidence, and sergeant mayor 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 sand 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 Ser. mayor 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 Majesties pleasure to appoint colonel Goring to be Lieutenant general, they were confident the Army would receive him the better, being onely subscribed by colonel Fielding and himself. And further saith that he hears this Letter was never delivered, for that Sir John Sucklin told Mr. Chidley that Mr. 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 Diep or Calais, or any other Port of France, that the wind may be good for, and if there be any of my Ships or Pinnaces 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 welbeloved Servant George Goring governor of Portsmouth. The Examination of captain William leg, taken upon Oath before the Lords Committees upon Saturday the 30. of October, 1641. To the first Interg. SAith, that he doth know Master Daniel o'neill who was sergeant mayor 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 o'neill returned thither from London, and can say no more to this ninth Interg. 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 Martiall Law, and for want of pay, and because their principal Officers were not among 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 Kings Revenu; 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 afterward 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 burnt it. He farther saith, that he stayed in this Town some five or six dayes, 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 handsomlier 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 onely 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 withall, here is a paper with a direction, you know the hand, keep it secret, I have shewed it to no body, if there bee no occasion to use it, you may burn it, and saith he spake no more of it to him, till after my Lord of Hollands coming down to be general, and then he spake to him to burn it. William leg. The Examination of Sir jacob Ashley taken before the Lords Committees this 29. of October, 1641. To the first Inter. HE saith that he hath known sergeant mayor Daniel o'neill 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 bee about three weeks. To the second. He saith that Mr. o'neill 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 draft of such a Petition were brought unto him, whether he would set his hand unto it, the particulars which be desired to have the Army received in, were the want of Martiall Law, want of pay, and for words spoken in the House of Parliament against the Army, as that the City was disaffected to the Kings Army, and would rather pay the Scots then 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 leg, the tenor whereof as far as he 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 infuse into the Parliament things to the Kings 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 Declaration 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 leg. To the seventh Interg. He saith that Mr. o'neill 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 rallie and follow them: to which o'neill 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 William leg, 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 Mr. Daniel O neal, who was sergeant mayor 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, spake 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 bee subscribed unto by the Officers of the Army: which paper was in Sir jacob Ashley's hand; he saith it was long, containing two sides of a sheet of paper, or thereabout: the effect whereof was something concerning Martiall Law, and better payment for the Army, together with some other particulars; that it was to bee 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 no body should see it but Sir jacob Ashley; and the two letters, C. R. were, as he remembered, to that direction, but whether bef●●e or after that direction, he cannot affirm. To the seventh, That he never heard Mr. O neal himself speak of his going to New-castle, 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 withall, that O-Neale himself said so. jo. Coniers. The second Examination of Sir John Coniers, taken before the Lords Committees upon Saturday the 30. of October. TO the fourth Inter. That Mr. 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 writ unto the King; to which he replied, That he could not serve the King in that point, and therefore he thought i● 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 seen by him in Sir jacob Ashley's hand, contained directions for a Petition to bee presented to the King and Parliament: in which was a clause to this effect, That whereas all men ought to give God thankes, for putting it into the Kings heart, to condescend to the desires of the Parliament, not onely 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 Triennuall Parliament, and granting many other things for the good of his subjects, yet notwithstanding some turbulent spirits, backed by rude and tumultuous mechanicke 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, notwithstanding they had no Martiall Law,& il 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, onely that there was some expression of a desire, that both Armies should bee disbanded for the case of the kingdom, and likewise a direction to procure as many of the Officers hands a● could bee gotten. To the seventh, That he remembers well it was not his wife, but Si● jacob Ashley, that said to him those words, O Neal goes, or else O-Neal saith he will go to New-castle; 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 Bartles, and all the other Officers, to repair to their Quarters, to bee ready to perfect their accounts with the country against the time they ●ould be called for. jo. Coniers. The Examination of Sir Faulke hunks, taken before the Lords Committees upon Friday, Octob. 29. 1641. TO the first Interrog. he saith, that he doth well know Master Daniel O-Neale, who was sergeant mayor to Sir John Coniers; 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 Souldiers were committed by the Parliament. To the second. That the said O-Neale persuaded him this Examinant to take part with the King, or something to that purpose; and that thereupon this Examinant acquainted the avant general with it, and presently repaired to his own quarter, to keep the Souldiers in order; where he stayed not above two or three dayes, till he heard that O-Neal was fled. He further saith, that O-Neale ●ealt 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 neal answering they had not, he said, that he would not be so unmannerly as to sign any thing before them, and refused to red it. He saith likewise that Captain Armstrong was present at the same time, and that O-Neale 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 withall 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-Neale told him he had very good authority for what he did; but did not tell him from whom. To the seventh. That Master O-Neale 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. Faulke 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 Mr. 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 name the word Escape twice or thrice in his discourse with Mr. Slingsby, but that he meant it should be by the Kings authority, to remove him out of the Tower to some other Castle; and that he did ask Mr. 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 dayes 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 Lsh●p. as that his honor would not suffer him to connive at his escape; and withal told him, he was not to be moved to ●earken thereunto. W. Balfour. Ex. in presence of us, Essex. Warwick. L. Wharton. Mandevile. James Wadsworth lies at the half moon in Queen-street; at Cockets house a joiner divers Officers lie, which is the next door. Die Martis 4. Maii. 1641. Coll. Lindsey. Capt. Kirk. James Wadsworth. 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 Portugall: and saith that he this Examinant was at the Portugal Emb●ssad●urs 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 Portugall; and the ambassador himself had no Commission to treat for any men till he heard out of Portugall. 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 Portugall with Sir John Suckling. And when this Examinant told him that he was His Majesties servant, and could not go without leave, captain Billingsley ●id him take no care for that, he should have leave procured and further desired him to get as many cannoners as he could. This Examinant doubting whether they were real in that design, repaired to the Portugall 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 seven-night last Sir John Suckling and captain Billingsley, with many other Officers repaired unto his house in the afternoon, and there stayed two houres 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 further appoint this Examinant upon Wednesday to promise Sir John Suckling a meeting at the Dolphin in Grayes-Inne-Lane about nine of the Clock in the foornoon, where the same day came some thirty more which were appointed by Sir John Suckling and Capt. 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 sell 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 nut, wife of William nut 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 Kings 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 Brothers Ship was, who said she was gone below in the River, and heard him say, that they three might be therein twelve houres, and doubted not to escape if something which was said concerning the lieutenant of the Tower, were done; but what that was, as also where they might be in twelve houres, they could not hear by reason that when they walked further off, they could not perfectly hear. And the said Ms. nut 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 moneths, 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 pa●ty and some others should obey the directions of the said earl: But what those were they know not; but heard the said p●rty 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 Lewes Dyves Knight, at the earl of Bristols House in Queene-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 O-neals 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 Penningtons forwardness in the Kings service, it would have been impossible for me to have gotten away at any other time. I am now here at Middleborough, 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 withall to sand unto me a cipher, whereby we may writ unto one another freely. If you knew how easy a passage it were, you would offer the King to come over for some few dayes yourself. God knows I have not a thought towards my country to make me blushy, much less criminal; but where Traytors 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 Sherborne, for under that name I live unknown. Let ear be taken for Bills of Exchange. Yours. Middleborough, Ian. 20. 1941. The Examination of own 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: wher●upon and 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,& 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 ●nto the town, near the Pillory, to the lodging of the Lord Mac-quire; 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 Mac-quire his lodging the said Hugh told him that there were and would be this night great numbers of Noblemen and Gent●emen of the Irish Papists, from all the parts of the kingdom, in this town, who with himself had determined to take the Castle of Du●lin, and possess themselves of all his Majesties Ammunition there; and to morrow morning being Saturday: and that they intended first to batter the Chimneyes 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 Sea-ports, and other towns in the kingdom, all the Protestants should be killed this night; and that all the Posts that could bee, could not prevent it. And further saith, That he moved the said Hugh to forbear the executing of that business,& 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 tyrannicall 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 sai● Hugh sent his man down with him: And when this Examinant came down into the yard, finding an opportunity, he this Examinan● leaped over a wall and two pales, and so came to the Lord Justice Parsons. own Oconnelly. William Parsons. Tho: Rotheram. Rob: Meridith. October 22. 1641. The examina●ion of Mark Pagett person of Morlestowne, near Kingsa e in Ireland, and Dean● of Rosse there, had and taken a● Plimmotcb, in the County of Devon: before Thomas Ceely Merchant, Maior of the burrow of plymouth aforesaid, William Birch, and joh: Bound, Merchants, three of his Majesties Justices of the Peace, within the said burrow, the fourh day of March 1641. The said Examin●nt 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 Maoarte Reath, Teage Adowne, Teage Adun van Durmet, Glacke, and M●cke 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 sp●edier then 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 Popes Legate amongst them( as they report) who sits constantly in counsel with Sir Philome o'neill,( who writes himself now Prince o'neill from his Palace Charlemount:) the Lord Meggennys, and divers others, who directed and advis●d the rest of the Rebels. And farther saith, That the Irish Rebels do rep●rt that they have the Kings Warrant& great seal for what they do, and say they are his Majesties true Subjects; and that the English Protestant are Rebels, and not they. And further saith, That the Rebels do genenerally 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 queens faction will set such a division beweene the two others, that it will root out both of them at last. And farther saith, That the Irish do brag, that the queens faction hath command afmost of the Forts and Forces of England. And this Examinant farther saith, That he knoweth this to be usually reported amongst their, for that he hath lived in Ireland these two and thirty yeeres, and been incumb●nt of the said Church eighteen yeeres, and hath heard divers of the I ish Papists of the better sort to affi●me so much, which doth m●●h hearten th● R●bels, and dishearten the English: And farther saith, That th● Rebels have taken the Iron-workes at Glanorreth, and great quantities of Iron; and there, and else-where cast Ordinance, m●ke Muskets, beads for Pikes, Skeans, and other weapons; and farther saith, That the greatest part of the nin● thousand Irish souldiers which the earl of Straff●rd 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. Madam, I Shall not adventure to writ 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 onely 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 vi●l●●ce, 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 Majesties value of my affection and fidelity. Middleborough the 21. of january, 1641. FINIS.